- our mobile and desktop apps
- All related widgets, tools, applications, data, software, APIs [Collectively the “Platform”]; and
- Services (As defined here in below)
provided by Zappy Home Solution (P) Limited, a private limited company having its registered office at 2/302A, Sakthi Garden, DB Jain College Hostel Road Off Old Mahabalipuram Road, Thoraipakkam, Chennai – 600097, Tamil Nadu, INDIA (“Company”, “ZAPPY” “We”, “Us”, “Our” and terms of similar meaning).
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE PLATFORM. THESE TERMS CONSTITUTE A BINDING, LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. IN ORDER TO USE THE PLATFORM AND/OR AVAIL OF THE SERVICES, YOU MUST AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT ENTITLED TO USE THE PLATFORM OR AVAIL THE SERVICES PROVIDED BY US.
The Platform is a web/mobile based platform operated by the Company, that enlists various housekeeping and related services enabling the Customer to browse and avail services, subject to these Terms (As defined hereinbelow).
The Company is in the business of providing the following services through the Platform:
- Registration of a Customer on the Platform;
- Provision of housekeeping, services vide an order form provided by the Company on the Platform (“Order Form”);
- Providing discount coupons or promotional offers to Customer(s) as We shall deem fit at Our sole discretion subject to the terms of such discount coupons or promotional offers; and
- Any other services as We may deem fit.
- (Collectively referred to as “Services”)
You hereby expressly acknowledge and agree to be bound by these terms, policies and guidelines incorporated by reference in these terms, as may be amended from time to time in the manner as set forth herein below (“Terms”). By using the Platform, You represent and warrant that:
- You are at least 18 years old;
- You have the lawful authority and capacity to contract and be bound by these Terms;
- If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, you have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
- You will comply with all applicable laws and regulations.
These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. Continued use of the Platform or Services after any such changes shall constitute Your consent to such changes.
These Terms are published in compliance of, and is governed by the provisions of Indian law, including but limited to:
- The Indian Contract Act, 1872;
- The (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and
- The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
It is not mandatory to register to visit, access and use the Platform. However,, access to the Services is only available to registered users. You need to register and create a user account (“Account”) to avail the Services on the Platform by providing, Your name, email address, password and other details. By registering and creating Your Account on the Platform, you agree to:
- Provide accurate, current and complete information as may be prompted (“Registration Data”) and maintain and undertake to update the same in respect of any changes;
- Maintain the security of Your password;
- Accept all risks of unauthorized access to the Registration Data and any other information You provide to Us;
- Notify Zappy immediately of any breach of security or any unauthorized use of Your Account;
- Not authorize, assign or otherwise transfer Your Account to any other person or entity;
- Operate through the account created and in no event use another user’s account for any purpose or objective; and
- Be responsible for all activity on Your Account and to use and operate the same in accordance with applicable law.
We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by Us in Our sole discretion, and may, with or without prior notice, suspend or terminate Your Account if activities occur on that Account which, in our sole discretion, would or might constitute a violation of these Terms, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. Zappy may at its sole discretion restore access to Your Account, at any time, pursuant to any suspension.
The Company grants You a limited, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Platform and Services, solely for Your own personal, non-commercial use, subject to the Terms. Your access and use of the Platform and Services is subject to the following representations and warranties:
- You may only access the Platform or Services using authorized and lawful means;
- Zappy shall not be liable for any failure or default to provide access to the Platform or Services on account of any failure or delay by You to register with the Platform for such access or due to any other reasons whatsoever;
- Any configuration or set up of the Devices for access to the Platform and the Services shall be Your sole responsibility. “Device” means a device, usually electronic, that processes data according to a set of instructions, which may include but not restricted to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smartphones;
- The Company reserves the right to prevent access should You be using the Platform, Service or Application with an incompatible or unauthorized Device;
- You will not take any action that interferes with, degrades or adversely affects the Company and/or the Services and/or the Platform;
- You will not use the Platform in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation; or (ii) will disrupt a third parties’ similar use; (iii) violate or tamper with the security of the Platform;
- You will not use the Platform, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libellous, obscene, illegal or deceptive content;
- You will ensure that the Platform is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Platform or any other software, hardware, services or data;
- You shall not use any automated system, including but not limited to, “robots,” “spiders,” “offline readers,” “scrapers,” etc., to access the Platform;
- You will not attempt to gain unauthorised access to any accounts, Service Professionals’ information, computer systems or networks connected to the Platform, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
- You will not use, misuse or misappropriate the Platform to develop, or to assist anyone in developing a competitive platform, service or for other competitive purposes;
- You will not copy, distribute, or make derivative works of the Platform in any medium and You will refrain from taking any steps, such as reverse assembly or reverse compilation, to derive a source code equivalent to Platform or attempt to do so, or acquiesce, authorise or encourage any other party to do the same;
- You shall not recruit, solicit, or contact in any form Service Professionals for employment or contracting for a business not affiliated with the Company;
- You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to Zappy’s data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
- You acknowledge that from time to time, Zappy may apply Upgrades (hereinafter defined) to the Platform, and that such Upgrades may result in changes to the appearance and/or functionality of Platform. You may be required to install certain Upgrades or updates to the software in order to continue to access or use the Platform, or portions thereof. “Upgrades” means new versions of, and updates to, Platform whether for the purpose of fixing an error, bug or other issue in the Platform or enhancing the functionality of Platform.
The trademarks, logos and service marks displayed on the Platform (“Marks”) are the exclusive property of the Company. You hereby acknowledge that any and all of the intellectual property rights (including but not limited to all copyright, patent, Marks, etc.) and other proprietary rights in and in relation to the Platform including without limitation any derivatives, improvements or modifications which ownership is directly attributable to the Company (expressly excluding any information which belongs to a Customer, other third party) and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Platform or the Services shall vest wholly completely and fully with the Company throughout the territory of the world and You shall have no right or claim to such intellectual property in any manner whatsoever.
By accepting these Terms and using the Platform, You agree that You shall defend, indemnify and hold the Company, its directors, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) Misuse of Your access to and use of the Platform and/or the Service; (ii) any loss or injury to the Company’s representatives resulting from the performance of the Services attributable to Your act or omission; (iii) Your violation or breach of these Terms or any applicable law or regulation; (iv) Your violation of any rights of any third party; or (vi) any and all third-party claims based upon the content of any communications transmitted by You.
In no event shall Zappy or anyone else involved in administering, distributing or providing the Platform be liable for any direct, special, exemplary, consequential, incidental, punitive or indirect damages including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that results from the use of, or inability to use the Platform and/or Services. Zappy or anyone else involved in administering, distributing or providing the Platform further explicitly disclaims any and all liability for any the following:
- errors, mistakes or inaccuracies of the content displayed on the Platform;
- personal injury or property damage of any nature whatsoever, resulting from Our Services;
- the acts or omissions of Our representatives performing Services on Our behalf;
- any failure or delay in the Services, including a delay of Zappy’s representatives in performing the Services;
- User content or the defamatory, offensive, or illegal conduct of any third party;
- viruses, computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment (“Harmful Code”) that may be transferred to Your Devices when accessing the Platform. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, Trojan horses, worms or like destructive code or code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.
Zappy shall not be liable to You or any third party for any alleged or actual damages or losses resulting directly or indirectly from Your failure to remove from plain sight and/or secure all valuables at the location before Zappy’s representatives arrive to perform the Service or Your failure to adhere to Your obligations under the Terms.
In no event shall Zappy or anyone else involved in administering, distributing or providing the Platform and/or Services be liable to You for any claims, proceedings, liabilities, obligations, damages, losses or costs for an amount exceeding the Service Fees paid by You to Zappy for the preceding purchase transaction.