ZOOBOP-TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING THE DISPUTE RESOLUTION PROVISION CLAUSE. BY ACCESSING OR USING THE SERVICES (DEFINED BELOW), YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND PRIVACY POLICY, WITHOUT LIMITATION AND/OR QUALIFICATION. IF YOU DO NOT AGREE TO ANY OF THE TERMS AS ENUMERATED IN THE TERMS OF USE OR PRIVACY POLICY, YOU ARE REQUESTED NOT TO ACCESS OR USE ANY OF THE SERVICES.

These Terms of Use (“Terms of Use”) apply to and govern your ("End User", "You" or “Your”) access and/or use of services, contents and materials and/or purchase of products (“Services”) which are offered by Zoobop Me Works Private Limited, a private limited company incorporated under the provisions of the Companies Act, 2013, (“ZOOBOP”, “We”, “Us” or “Our”) either on its website, i.e., www.zoobop.com (“Site”) or the application (through an Apple iOS or Google Android application) ("Application"). The website and the Application is accessible to You via a computer, mobile phone or tablet device or any other medium. These Terms of Use constitute a legally binding agreement between ZOOBOP and You and by accessing and/ or using the Services, You agree to be bound by the terms of this agreement/ Terms of Use/ Privacy Policy. These Terms of Use do not alter, in any way, the terms and/or conditions of any other agreement You may have with ZOOBOP for the Services or otherwise. In the event of conflict between Terms of Use and any other agreement executed between You and Zoobop, the terms and condition of the Terms of Use shall prevail. The Privacy Policy terms are also deemed to be incorporated into, and considered a part of, this agreement/ Terms of Use.

By accessing and/or using the Services, You accept and agree to follow and be legally bound by these Terms of Use, and You represent, warrant and undertake that You have the right, authority, and capacity to enter into the agreement. You must be at least 18 years old to access and/or use the Services offered on the Site and/or Application. If You are not at least 18 years old, or if You disagree with or do not wish to be bound by any of the Terms of Use and/or Privacy Policy or any other term and/or condition of ZOOBOP, then please stop accessing and/or using the Site and Application immediately. Minors should not be using the Site and/or Application. In an event of default by the minor, the parent or the guardian will be liable to compensate for whatsoever damages arising out of such wrongful use by the minor.

We reserve the right to terminate your membership and / or refuse to provide You with access to the Site and/or the Application if it is brought to Our notice or if it is discovered that You are under the age of 18 years.

THE SITE & THE APPLICATION

These Terms of Use & Privacy Policy govern Your use of Our Site and/or Application and Your conduct, regardless of the mode, means and manner of access.

You agree and acknowledge that these Terms of Use and/or Privacy Policy are exclusively between ZOOBOP and You and not with any other third party, including but not limited to, any mobile platform provider such as Apple Inc. or Google Inc.

The access and use of the features and Services of the Site and/or the Application is only to be used for your personal, non-commercial use and information. You agree not to develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any part of the Services. In particular, You shall not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or mediu m any material from the Services offered by Us.

Your access and/or use of any of the Services (including, the purchase of the products) either through the Site and/or the Application is subject to any additional rules, policies, guidelines and terms & conditions that may apply to those brands & products by the manufacturer/sellers of such products.

Your use of the Services, brands & products and features of the Site and/ Application shall be governed by the Terms of Use along with the Privacy Policy as modified and amended from time to time. Your continued use of the Site and/or the Application, following the modifications to the Terms of Use and/or Privacy Policy, constitutes your acknowledgment and acceptance of the modified Terms of Use and/or Privacy Policy. Therefore, You must carefully read the Terms of Use and/or Privacy Policy to understand the terms and conditions that apply to Your use of the Site and/or the Application and thereafter take an independent decision to access and/or use the Site and/or the Application.

1. About Our Services

The Site and/or Application are designed to provide information on personal care and consumer lifestyle brands & products. The information contained on Site and/ or Application is for general information purposes only and it endeavours to provide End Users with:

- information associated with personal care and related brands & products. We base Our views on the synthetic and natural ingredients in products along with the brand’s philosophy vis a vis environment, social responsibility, transparency and ethics. Our score and ratings for brands & products is determined on the basis of the data released by non profit and government agencies along with the information We get from the brand’s own website or from the brand directly.

- a platform where customers and brand owners/sellers/product manufacturer can connect for their transactions (i.e., customers can view the brands & products and/or thereafter, at their complete discretion, purchase the same from the respective brand owners/sellers/ product manufacturer). Please note that Zoobop is not and cannot be a party to any transaction between You and the seller/ product manufacturer/ brand owner and /or ZOOBOP does not control the transaction in any manner whatsoever and ZOOBOP cannot be held responsible or liable for the same by You.

- information on various brands & products on “an as-is basis ”. Since the information is compiled from various non-profit organizations, government agencies, brand websites and/or the product manufacturers, therefore, We make no representations as to accuracy, completeness, current-ness, suitability, or validity of any information or data and will not be liable for any errors, omissions, discrepancies or delays in the information or any losses, injuries or damages arising from its display or use. Furthermore, Our views are based on the information procured on such brands & products after considering various parameters.

2. Products & Services

Among the Services, provided by ZOOBOP with respect to the information on personal care & lifestyle products and brands, ZOOBOP also allows You to purchase products from the Site and/or the Application. ZOOBOP reserves the right, but is not obligated, to control the sale of the products in certain scenarios such as the seller breaching the ZOOBOP Polices etc. The products, brands and Services available on the Site and/or the Application and the samples, if any, are for Your personal use only. The products (including samples, if any) or Services shall not be sold or resold for any commercial reasons.

Please note that in case the products purchased/ received or the Services availed by You from the Site and/or the Application cause any kind of side effect or do not suit You, ZOOBOP shall not be responsible for any such side-effects and You shall not hold ZOOBOP, in any manner whatsoever, responsible for such side effects. You should carefully read the individual terms and conditions in relation to the Products and consult a specialist before using the same. Furthermore, information on ingredients used in the brands & products appearing on the Site and/or the Application is not intended to be, nor should be interpreted as, advice or a recommendation concerning the purchase/ use of any brands & products. If You have questions about Your use of a product / brand, please review the labelling appearing on the product, contact the product manufacturer or brand, and/or consult a physician. Since products are developed and manufactured by product manufacturers, therefore We have no responsibility or liability pertaining to any aspect of the brand & product. By accepting these Terms of Use, You consent and agree that You will not hold US or any of Our employee accountable for any claim or demand or damages which You may have or incur with respect to any of the product/brand mentioned/ listed on the Site and/or the Application.

We attempt to be as accurate as possible. However, We do not warrant that product descriptions or other content of any Service(s) is accurate, complete, reliable, current, or error-free. If a product offered on our Site and/or the Application itself is not as described, Your sole remedy is to return it in an unused condition.

3. Acceptance and Modification of the Terms of Use

By accepting these Terms of Use, either by clicking to accept or agree or by downloading, installing or using the Services, You agree, acknowledge and represent that:

- You have read and understood the Terms of Use and/or Policies,

- You are 18 years of age or older,

- You have full power and authority to enter into this agreement/ Terms of Use,

- You have full power and authority to purchase the product and use the Services,

- You have not been previously suspended from using the Services, and

- You accept and agree to be legally bound to the terms of these Terms of Use,

without any limitation or qualification whatsoever. If You do not agree with these Terms of Use, You must not access the Site and/or Application and/or accept these Terms of Use or download, install, access or use the Services and/or purchase the products from the Site and/or Application and You must immediately delete the Application from your computer, mobile phone or tablet or any other device.

ZOOBOP may, in its sole discretion, revise, modify and update these Terms of Use and/or Privacy Policy from time to time, without notice to You/ End Users. If ZOOBOP decides to change the Terms of Use and/or policies (including, Privacy Policy), ZOOBOP will post the new version of the Terms of Use and/or the Privacy Policy and/or other policies on the Site and/or the Application and update the “Last Updated” date as specified above. All changes are effective immediately when posted and apply to all End Users accessing and/or using the Services on the Site and/or the Application.

Your continued use of the Site and/or the Application following the modifications to the Terms of Use and/or Privacy Policy constitutes Your acceptance of the modified Terms of Use and/or Privacy Policy and/or other policies. For this reason, You should frequently review the Terms of Use and Privacy Policy and Our other policies, as the case may be.

By accepting these Terms of Use, You agree and acknowledge that:

- All commercial/contractual terms in connection with the Products (including, purchase/return/refund) are offered by and agreed to between You and product manufacturer’s/ brand owner/seller alone. The commercial/contractual terms include without limitation price, warranties related to products and services and after sales services related to products and services. We do not have any control or do not determine or advise or in any way involve ourselves in the offering or acceptance of such commercial/contractual terms between You and the product manufacturer/ seller.

- We do not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products proposed to be sold or offered to be sold or purchased on the Site and/or the Application. We accept no liability for any errors or omissions, whether on behalf of ourselves or third parties.

- We are not responsible for any non-performance or breach of any contract entered into between You and the product manufacturer/seller. We cannot and do not guarantee that either You and/or the product manufacturer/seller will perform any transaction concluded on the Site and/or the Application. We shall not and are not required to mediate or resolve any dispute or disagreement between You and the product manufacturer/seller.

- We do not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc).

- We do not at any point of time during any transaction between You and the product manufacturer/seller on the Site and/or the Application come into or take possession of any of the products or services offered by the product manufacturer/seller nor do we at any point gain title to or have any rights or claims over the products or services offered by the product manufacturer/seller to You.

- At no time shall We hold any right, title or interest over the products or brands nor shall We have any obligations or liabilities in respect of such contract entered into between You and the product manufacturer/Sellers/brand. We are not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

- The Site and/or the Application is only a platform that can be utilized by the End Users to reach a larger base to gather knowledge about the brands & products and at its complete discretion purchase the product. We are only providing a platform for communication and it is agreed that the contract for sale of any of the products shall be a strictly bipartite contract between You and the product manufacturer/seller.

- You release and indemnify US and/or any of Our officers and representatives from any cost, damage, liability or other consequence of any of the actions while using the Site and/or the Application and/or availing Services and specifically waive any claims that You may have in this behalf under any applicable law. Notwithstanding the reasonable efforts in that behalf, We cannot take responsibility or control the information provided by other End Users and/or the product manufacturer/ brand owners / seller which is made available on the Site and/or the Application. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Site and/or the Application.

4. Access and License

Provided You are not under the age of 18 years, We hereby grant You a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Services (the "License"). All rights not expressly granted to You in these Terms of Use, are reserved and retained by ZOOBOP and its affiliates.

ZOOBOP reserves the right to, at any time, without notice, and at its sole discretion, to terminate Your license to use the Site and/or the Application and to block and prevent Your future access and/or use of the Site and/or the Application.

In the unlikely event that You fail to comply with these Terms of Use, we may terminate the License without notice and You will no longer be permitted to access or use the Services and in this regard, We can take such measures and actions, as deemed appropriate.

You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the the Terms of Use and other polices of ZOOBOP, We shall have the right to indefinitely suspend or terminate or block access to your membership on the Site and/or the Application and refuse to provide You with access to the Site and/or the Application.

5. Registration Policy, Account Type, Linking Accounts and Account Security

Registration Policy: To access the Services, You may be asked to provide certain registration details or other information. It is a condition for Your use of the Services that You (i) provide correct, current and complete information about Yourself as required in the registration form for the Services (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it correct, current and complete.

You agree that the Registration Data and any other information provided by You is governed by Our Privacy Policy, and You consent to all actions We take with respect to Your information consistent with our Privacy Policy. You further agree that ZOOBOP may provide updates, notices, and other communications to You through email and mobile number provided in the Registration Data or in your profile.

Account Type: There is no charge for creating an individual account ("Individual Account"). The Individual Account is for the personal, non-commercial use by only the End User who opens the account.

Membership on the Site and/or the Application is free for You, at present, as We do not charge any fee for browsing and/or buying on either the Site and/or the Application. We reserve the right to change our Fee Policy from time to time. In particular, We may at our sole discretion introduce new services and modify some or all of the existing services offered on the Site and/or the Application. In such an event We reserve the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Site and/or the Application and such changes shall automatically become effective immediately after they are posted on the Site and/or the Application. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India including with respect to making payments to Us.

Account Security: If You create, or are provided with, a user name, password or any other information as part of our security procedures, You agree to treat such information as confidential, and undertake that You will not disclose such information to any other person or entity.

You will be solely responsible for maintaining confidentiality of Your account, password, and restricting access to Your computer, mobile, or tablet and You hereby accept responsibility for all activities that occur under Your account and password. You acknowledge that the information You provide, in any manner whatsoever, does not infringe any rights of a third party.

You further agree that Your account is personal to You and You will not provide any other person access to the Services, or any portions of the same, using Your user name, password or other security information. You agree to notify US immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You undertake to exercise particular caution when accessing Your account from a public or shared computer or other device so that others are not able to view or record Your password or other personal information. If You are accessing, browsing and using the Site and/or the Application on someone else’s behalf, You represent that You have the authority to bind that person to all the terms and conditions herein. In the event that the person refuses to be bound as the principal to the Terms of Use, You agree to accept complete responsibility and liability for any claim / damages / demand / harm caused by any wrongful use of the Site and/or Application resulting from such access or use of the Site and/or Application. We have the right to disable any user name, password or other identifier, whether chosen by You or provided by US, at any time in Our sole discretion for any or no reason, including if, in Our opinion, You have violated any provision of these Terms of Use. ZOOBOP or its associates do not knowingly collect information from minors.

6. Use of Services

ZOOBOP reserves the right to make additions, deletions, or modifications to the Services at any time without prior notice to You.

You acknowledge that the Site and/or the Application is provided only on the basis set out in the Terms of Use. ZOOBOP does not warrant that the Services will be uninterrupted or error-free, the defects will be corrected, the Site and/or Application will be free of viruses or other harmful components, or that any brand or product descriptions or depictions, or other content offered as part of the Services on the Site and/or the Application are accurate, reliable, current or complete.

Your uninterrupted access or use of the Site and/or Application may be prevented by certain factors outside and beyond our reasonable control including, without limitation, various force majeure events, like strike, lockout, fire, accidents, pandemic, epidemic, lockdown, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on the Site and/or Application.

ZOOBOP shall have the right, at any time, to change or discontinue any aspect or feature of the Site and/or Application, including, but not limited to, content, hours of availability, geographical area of availability and equipment needed for access or use. Further, the Site and/or Application may discontinue disseminating any portion of information or category of information. ZOOBOP does not accept any responsibility and will not be liable for any loss or claim or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site and/or Application.

You expressly agree that Your use of the Services is at Your sole risk. If You download any content from the Site and/or Application, You do so at Your own discretion and risk. You will be solely responsible for any damage to Your computer system or mobile device or loss of data that results from the download of any content through or in connection with the Services.

We reserve the right to restrict or terminate Your access to the Services or any feature or part thereof at any time. ZOOBOP assumes no responsibility for the deletion or failure to store any content or personalization settings.

7. Privacy policy and user data

We value Your privacy and understand Your privacy concerns, therefore, ZOOBOP has a Privacy Policy which will ensure that Your personal information is sufficiently protected. Please review the Privacy Policy carefully, which also governs Your access to and use of the Services, for information about how we collect, use and disclose information about the End Users of our Services.

8. Information, Ratings & Recommendations

Our views on the Site and/or the Application, which You may come across, during the course of Your access and or use of the Site and/or the Application, is purely for informational purposes and for your convenience. The Zoobop score, Zoobop meter and our verdict is only for informational purposes and should not preclude or dissuade you from making an independent decision, which would be purely Your commercial call. Please refer to the glossary, FAQs section of the Site and the Application for understanding the parameters used by Us. The information is procured from brand websites, and international forums / websites such as Environmental Working Group (EWG.org), Safecosmetics.org, People For The Ethical Treatment Of Animals (PETA.org) and LeapingBunny.org amongst many other globally recognized services.

You understand that the information with respect to the brands/ products / Services has been obtained by reviewing product labels, brand websites, and in some cases, from the sellers/ manufacturers of the products/ brand owners. ZOOBOP cannot and does not guarantee the accuracy of the information or any analysis derived from using such information. Therefore, ZOOBOP does not assume any liability for inaccuracies about brands/ products and/or its ingredients, whether based on manufacturer information, third party information, ZOOBOP End Users’ information, or on ratings and assessments generated by Us. You should carefully read and review all information provided by the manufacturers of the products / brand, whether online or on the actual product packaging and labels, including the ingredients, health claims, and allergen information before ordering or using a product / brand. If you have any concerns or questions about the timeliness or accuracy of the information, You agree that You will contact the manufacturer of the product / brand owner, as the case may be, directly. While ZOOBOP tries to ensure that brand/ product information is correct, manufacturers may alter their ingredients or product description from time to time. Further, some manufacturers may withhold certain ingredients from their product ingredient lists as trade secrets, which ZOOBOP has no way of knowing or identifying, thereby affecting Our views on such product/brand. Therefore, for any additional information about a product/ brand, please contact the manufacturer / brand owner directly. We also strongly encourage You and suggest You to conduct the appropriate research and obtain the necessary medical advice to determine the best cosmetic or personal care product for Your needs. Also, please note that the Services are not meant to be a substitute for advice provided by a qualified and licensed healthcare professional. You should not use the Services for the diagnosis or treatment of a health problem or disease. You should always consult your healthcare provider or medical expert for more information about what products / brands You should and should not use. ZOOBOP reserves the right to correct any errors, omissions, or publish updates on any information with respect the Services (including, the Products/ brands) without notice.

ZOOBOP, based on its assessment, may suggest alternative products / brands and sometimes those products / brands may be sponsored products

By accessing the Services, You acknowledge that any reliance upon any advice, opinion, statement, view or other information displayed or distributed through the Services is at Your sole risk.

9. Pricing Information

ZOOBOP strives to provide accurate pricing information of the Products; however, errors may occur. ZOOBOP cannot confirm the price of the Product until You place the order for the same and it may happen that the price of the product may increase at the time of the placing of the order. Without limiting the generality of Clause 12 (Cancellations, Refunds and Returns) below, if a Product is listed at an incorrect price or with incorrect information due to any error (including, technical error), ZOOBOP shall have the right, at its sole discretion, to refuse or cancel any orders placed for that Product, without any compensation, unless the Product has already been delivered to You. In the event that an item is wrongly priced, ZOOBOP may, at its discretion, either contact You for instructions or cancel Your order and notify You of such cancellation.

Unless the Product ordered by You has been shipped, Your offer will not be deemed to be accepted and ZOOBOP will have the right to modify the price of the Product and contact You for further instructions using the e-mail address or the phone number provided by You at the time of registration or placing of order. In the event that ZOOBOP accepts Your order, You may be required to pay an additional amount which will be duly notified to You by email. The payment may be processed prior to ZOOBOP’s dispatch of the Product that You have ordered. If We have to cancel the order after We have processed the payment, the said amount will be reversed based on Your payment method.

Prices and availability of the products provided or offered on the Site and/or the Application are subject to change without prior notice and at the sole discretion of ZOOBOP. ZOOBOP may revise and cease to make available any Product/ Services at anytime. In the event, brand/ seller is unable to deliver the product to You, then You will be notified by e-mail that Your order may be cancelled. ZOOBOP shall not be liable to pay for any damages in such an event owing to cancellation of the order or delay in delivery.

10. Mode of Payment

The products available on the Site and Application may be purchased through the following options:

- Payments can be made by Credit Cards, Debit Cards, Net Banking, Wallets, e-Gift cards.

- Credit card, Debit Card and Net Banking payment options are instant payment options and recommended to ensure faster processing of Your order.
Cash on Delivery option is available for orders that are currently serviced for limited pin codes within the territory of India.

o You undertake that any product for which You have chosen the mode of payment as cash on delivery, You will ensure that You pay the full amount as and when the product is delivered to You.

o In the event, You fail to pay the full amount, then among others, We shall have the right to (i) either terminate / suspend Your account and You will not be able use the Services either on the Site and/or the Application; or (ii) You will not be able to use the feature of Cash on Delivery, if you have defaulted on prior occasion. Also, a convenience fee may be charged when you place an order on the Site and/or the Application.

o Furthermore, Cash on Delivery may not be available for all pin codes in India. This is due to limitations of logistic services We use.

o Cash on Delivery may not be available if Your order value is above a certain amount.

o If You are using Cash on Delivery as a payment method and Your mobile number is not verified with ZOOBOP, You may be asked to enter a One-Time password in order to complete Your order. This One- Time password will be sent to Your registered mobile number.

o The order amount has to be paid in full before receiving the package and signing the delivery sheet. The package can be opened only after the payment is made.

While availing any of the payment method(s) on the Site and/or the Application, We will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:

- Lack of authorization for any transaction/s, or

- Exceeding the pre-set limit mutually agreed by You and between "Bank/s", or

- Any payment issues arising out of the transaction, or

- Decline of transaction for any other reason/s

All payments made against the purchases/services on Site and/or the Application by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Site and/or the Application will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Site and/or the Application.

Transactions, transaction price and all commercial terms such as delivery, dispatch of products and/or services are as per principal to principal bipartite contractual obligations between You and the product manufacturer/seller and payment facility is merely used by You and the product manufacturer/seller to facilitate the completion of the transaction. Use of the payment facility shall not render Us liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations and warranties, non-provision of after sales or warranty services or fraud as regards the brand/ products and /or services listed on Site and/or the Application.

You have specifically authorized the product manufacturer/seller to collect, process, facilitate and remit payments and / or the transaction price electronically or through Cash on Delivery. Your relationship with Us is on a principal to principal basis and by accepting these Terms of Use you agree that We are an independent contractor for all purposes, and do not have control of or liability for the products / brands that are listed on Our Site and/or the Application.

You understand, accept and agree that the payment facility provided by Us is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the transactions on the Site and/or the Application using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, We are neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

Payment Facility for End Users:

- You, as an End User/ buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the product manufacturer/brand owner/ seller to purchase the products from the product manufacturer/brand owner/seller using the payment facility on the Site and/or the Application, and You shall pay the transaction price.
You, as an End User/ buyer, understand that the Seller may through electronic communication and electronic records and using the automated features extend / increase in the dispatch and/or delivery time and the transaction shall stand amended to such extent.

- You, as an End User/ buyer, shall be entitled to claim a refund of the transaction price (as Your sole and exclusive remedy) in case You do not receive the Delivery within the time period communicated to You at the time of shipment of Your order or within the time period as provided in Clause 11 hereinbelow, whichever is later. In case You do not raise a refund claim using Site and/or the Application features within 15 business days than this may make You ineligible for a refund.

- Except for Cash On Delivery transaction, refund, if any, shall be made to the same source from where the Transaction Price was received.

- For Cash On Delivery transactions, refunds, if any, will be made via bank transfer to the buyer’s account

- Refund shall be made in Indian Rupees only.

- For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).

- Refund shall be conditional and shall be with recourse available to Us in case of any misuse by End User/ buyer.

- refund shall be subject to End User/ buyer complying with Policies.

We may do such checks as it deems fit before approving the receipt of End User/ buyer commitment to pay (for Cash On Delivery transactions) Transaction Price from the End User/ buyer for security or other reasons at the discretion of Us. As a result of such check if We are not satisfied with the creditability of the End User/ buyer or genuineness of the transaction / transaction price, We will have the right to reject the receipt of / buyers commitment to pay transaction price.

The End User/ buyer and seller acknowledge that We will not be liable for any damages, interests or claims or demands etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond Our control.

11. Packaging, Tracking, Shipping and Delivery

Packaging

Product(s) is/are packaged securely with an endeavour to use recycled material. We encourage You to reuse the packaging material to prevent land fills.

Delivery

ZOOBOP endeavours to deliver products to all regions within the territory of India in a good condition.

Tracking

Once Your order has been dispatched, You will receive an email with the details of the tracking number and the courier company that is processing Your order. You can typically track the status of your package 24 hours after Your order is dispatched by the seller/product manufacturer unless the same is not updated on account of issues beyond our reasonable control (for instance, force majeure events including, strike, lockouts, server disruption, etc)

Estimated Delivery Time

Seller/product manufacturer usually dispatches most orders within 3 business days (excluding Saturdays, Sundays and public holidays). The actual delivery to the end customer depends on the delivery location, logistic partner and the mode of transport which may take up to 12 business days.

Shipping charges

Shipping charges would vary from time to time and will be made visible to the customer on the Site and/or Application (on a reasonably best effort basis) before an order is placed by the End User.

12. Cancellations, Refunds and Returns

Cancellation before shipment (Valid on orders placed & to be delivered in India):

You may cancel the orders which have not been shipped by using the order cancellation feature on our Site and/or Application. In such cases, the order will be cancelled, and if it is a pre-paid order then the money will be refunded to you within 10 business days after the cancellation request is duly processed by us.

Cancellation post shipment (Only valid on orders’ place & delivery in India):

- If You wish to cancel an order that has been shipped but has not yet been delivered, please get in touch with Our customer support team through Our Site and/or Application.

- In case Your order has already been handed over to the courier company on Our end, they may still attempt delivery. Kindly do not accept the delivery of the order.

- Once We receive the product(s) back and verify its packaging/condition, We will refund Your money within 10 business days.

- Our team will inform You in case there would be any wear and tear charges, shipping charges, return expenses, etc. that would be deducted from Your refund amount.

Refund

- In case of cancellation before shipment, We process the refund within 10 business days after receiving the cancellation request.

- In case of cancellation once the shipment has already been dispatched or if it is being returned, We process the refund once the products have been received and verified by the seller/product manufacturer. Such returns may involve wear and tear charges, shipping charges, return expenses, etc. that may be deducted from your refund amount. You would be informed about the same by Our team.

o For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 10 business days of the seller /product manufacturer receiving the products back. It may take 2-3 additional business days for the amount to reflect in Your account.

o For cash on delivery transactions (if cash has been collected from Buyer), We will initiate a bank transfer against the refund amount against the billing details shared by You. This process will be completed within 10 business days of the seller/product manufacturer receiving the products back and Us receiving Your bank details on email. It will take an additional 2-3 business days for the amount to reflect in Your account.

o In addition, We also provide the hassle-free option of refund through ZOOBOP store credit, which can be used during future purchases.

Return

Our shipments go through rigorous quality check processes. However, in the rare case that the product received by You is damaged during shipment or transit or is defective or is an incorrect product, You can contact Our customer service team for returning the same. In case the product purchased by You from the Site and/ or Application is eligible for return, then You may request for a return of the product within 3 days of delivery by following these steps:

- Step 1: Contact our customer support team via Our Site and/ or Application within 3 days of receiving the order.

- Step 2: Provide Us with Your order ID details and Your request to return/replace/refund Your order. Kindly email an image of the product and the invoice for Our reference.

- Step 3: If Your return request has been approved, then We will arrange for the pickup of the products. We will initiate the refund or replacement process only if the products are received by Our seller/product manufacturer in their original packaging with their seals, labels and barcodes intact.

Please note that sellers may have their own return policies which might make the products ineligible for return, amongst others. You are requested to peruse the return policies of the respective seller. In case of a conflict between ZOOBOP’s and the sellers’ return policies, the return policy of the seller shall prevail.

In the unlikely event of damaged, defective or different item delivered to You, We will provide a full refund or free replacement, as applicable, once a return request is initiated by You. We may contact You to ascertain the damage or defect in the product prior to issuing refund/replacement.

Returned/Exchange Conditions

Returns will not be accepted under the following conditions:

- Product is damaged due to misuse/overuse;

- Returned without original packaging including, price tags, labels, original packing, freebies and other accessories or if original packaging is damaged;

- Serial Number is tampered with;

- Defective products that are not covered under Seller/Manufacturer’s warranty

- Product is used or altered;

- If request is initiated after 72 hours [2] of order delivery; or

- Free product provided by brand.

Products not eligible for Return/Exchange:

- Personal care appliances cannot be returned due to hygiene issues.

Please note: For certain marketing campaigns or mega sale periods, special return/exchange/refund rules may apply. Information regarding this would be made visible to the End User on the Site and/or Application. For any clarification, please feel free to contact our customer care.

Refunds for the returned orders

In case of a return/replacement/refund, We process the refund once the products have been received and verified by the seller.

- For payments done through credit/debit cards or net banking, the refund will be processed to the same account from which the payment was made within 10 business days of receipt of the product. It may take 2-3 additional business days for the amount to reflect in Your account.

- For cash on delivery transactions, We will initiate a bank transfer against the refund amount against the billing details shared by You. This process will be completed within 10 business days of Us receiving the products back and Your bank details on email. It will take an additional 2-3 business days for the amount to reflect in Your account.

- In addition, We also provide the hassle-free option of refund through ZOOBOP coupons, which can be used during future purchases. Refunds through this mode would be much quicker than other payment modes.

Discount vouchers

Discount vouchers are intended for one-time use only and shall be treated as used even if You cancel the order.

Links to Third Party Sites

The Services may contain links to third party websites ("Linked Sites"). We do not control these Linked Sites and are not responsible for the content, stability, or any transmission to or from any Linked Sites.

ZOOBOP provides these links to You only as a convenience and the inclusion of any link does not imply association with the Linked Site's operators, or guarantee that the content contains accurate information. We recommend You review the privacy policies and terms of use posted at any Linked Sites.

13. Intellectual Property Rights

The Site and/or Application is controlled and operated by ZOOBOP and products are sold by respective sellers/ product manufacturers. The "ZOOBOP " name and logo and all related product and service names, design marks and slogans are the trademarks, logos or service marks (hereinafter referred to as "Marks") of Zoobop Me Works Private Limited. All other Marks on the Site and/or the Application are the property of their respective companies/ brands/ product manufactures. No trademark or service mark license is granted in connection with the materials contained on the Site and/or the Application. Access to the Site and/or the Application does not authorize anyone to use any Marks in any manner. Marks displayed on the Site and/or the Application, whether registered or unregistered, of Zoobop Me Works Private Limited or others, are the intellectual property of their respective owners, and Zoobop Me Works Private Limited shall not be held liable or accountable in any manner whatsoever for any unlawful, unauthorized use of the Marks.

Zoobop Me Works Private Limited and its suppliers and licensors expressly reserve all the Intellectual Property Rights in all text, programs, brands, products, processes, content, software and other materials, which appear on the Site and/or the Application, including its looks and feel. The compilation (meaning the collection, arrangement and assembly) of the content on the Site and/or the Application is the exclusive property of Zoobop Me Works Private Limited and are protected by the Indian copyright laws and International treaties. Consequently, the materials on the Site and/or the Application shall not be copied, reproduced, duplicated, republished, downloaded, posted, transmitted, distributed or modified in whole or in part or in any other form whatsoever, except for your personal, non-commercial use only.

The Services offered by ZOOBOP through the Site and/or Application, are protected under intellectual property rights laws (the "Intellectual Property Rights"), and any unauthorized use of the Services may violate such Intellectual Property Rights laws and these Terms of Use. ZOOBOP own all right, title and interest in and to the Intellectual Property Rights over the information offered on or through the Services. These Terms of Use do not convey or transfer any ownership rights to You.

You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and You must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other Intellectual Proprietary Rights, and is prohibited. Any use for which You receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

You may not remove or obscure any copyright notice or other proprietary notices contained on the Site, the Application, the Services or any products, brands, services or content retrieved through the Services.

ZOOBOP respects the intellectual property of others. In case You feel that Your Trademark has been infringed, You can write to ZOOBOP at support@zoobop.com .

Prohibited Content.

While using the Services, You will not upload, post, email, transmit or otherwise make available any Public Content or Private Content on the Site and/or the Application that, among others,: (i) is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable; (ii) creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to Yourself, to any other person, or to any animal; (iii) seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal or unlawful; or (v) infringes any third party’s Intellectual Property Rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that You do not have a right to make available under any law or under contractual or fiduciary relationships.

Prohibited Conduct

While using the Services, You agree not to engage in any of the following prohibited activities: (i) use, display, mirror or frame the Services, any individual element within the Services, the ZOOBOP name, trademark, logo or other proprietary information, or the layout and design of any page, without Our express written consent; (ii) access the Services by any means other than through the interface provided by ZOOBOP and as otherwise expressly authorized under these Terms of Use; (iii) access, tamper with, or use non-public areas of the Services, Our computer systems, or the technical delivery systems of Our providers; (iv) avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by ZOOBOP or any of Our providers or any other third party (including another End User) to protect the Services; (v) forge headers or otherwise manipulate identifiers in order to disguise the origin of any of Your Content transmitted through the Services; (vi) attempt to access or search the Services or scrape or download any user content from the Services, or otherwise use or upload content to, or create new links, reposts, or referrals in the Services through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by ZOOBOP or other generally available third party web browsers; (vii) send or post onto the Services any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation; (viii) use any meta tags or other hidden text or metadata utilizing the Services or any ZOOBOP trademark, logo, or URL without ZOOBOP's express written consent; (ix) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services; (x) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending or posting a virus, overloading, flooding, spamming, or mail-bombing the Services; (xi) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the products or Services (including Your account) or Your access to or use of the Services; (xii) collect or store any personally identifiable information from other users of the Services without their express permission; (xiii) stalk or otherwise harass another person or entity; (xiv) impersonate or misrepresent Your affiliation with any person or entity; (xv) violate any applicable law or regulation; or (xvi) encourage or enable any other individual to do any of the activities prohibited in these Terms of Use.

ZOOBOP’s logo

Zoobop Me Works Private Limited has intellectual property rights over the ZOOBOP trademarked logo. Any alteration of ZOOBOP’s logo or any of its components is considered a misuse. You should ensure that the ZOOBOP’s logo is not distorted in any manner and care should be taken to maintain the proportion of the entire ZOOBOP’s logo artwork when scaling. It is also important to maintain the correct spacing relationship between the symbol and logotype.

We have strict guidelines for the use of the ZOOBOP’s logo by a brand for accreditation. Only a brand that has been given the permit to use ZOOBOP’s logo can use it on their website, labels, adverts, packaging or products. The ZOOBOP’s trademarked logo is a trusted indication of a clean and green brand adhering to high standards of transparency, quality and ethics. Further, only ZOOBOP verified brands that have written permission from ZOOBOP, are authorized to use the appropriate accreditation symbol(s) by consistently demonstrating fulfillment of Our strict standards, schemes, checks, and programs via recurring assessments. The brands currently verified by ZOOBOP are listed on Our Site and/or Application.

Use of accreditation marks, logos and/ or symbols

ZOOBOP reserves the right to provide accreditation to brands which qualify its high standards of transparency, quality and ethics. It is however clarified that You shall ensure that:

- The accreditation logo shall not be used in any way that it misleads the reader about the accredited status of the certification body or the certified body.

- The accreditation body's logo shall not be used on the packaging of a product, labels, publicity material, written announcements etc, that in any way suggest that the accreditation body has certified or approved any product, process or service of the certified body or in any other misleading manner.

- The logo shall not be displayed on vehicles, buildings or flags except in publicity material like part of a large advertisement.

Discontinuation of ZOOBOP’s Certification Logo and/or Accreditation Logo

Any accredited brand shall discontinue the use of the ZOOBOP certification logo and / accreditation mark immediately when any of the following conditions exist:

- A lapse of certification, suspension or the same being withdrawn.

- Change in the composition of the product by the brand and which could reasonably be expected to affect the brand's qualification for certification.

- The brand has failed to implement a change to the system requirements issued by ZOOBOP.

- Any other circumstances, which arise, which could reasonably be expected to adversely affect the brand's Quality System certified by ZOOBOP, as identified in the contract agreement with respective sellers.

Misuse And Penalty

ZOOBOP investigates every reported misuse of its trademarked logo. Misuse of ZOOBOP’s certification logo and / accreditation mark would lead to corrective action, withdrawal of certification, publication of the transgression and, if necessary, other legal action. In case You infringe, misuse, distort or illegally use ZOOBOP’s logo ZOOBOP reserves the right to initiate legal action against You at your risk and cost.

14. User Information

When you use ZOOBOP, You may be generating ‘User Information’, which is content created by You. Subject to Our Privacy Policy, We may use Your User Information, and there are certain things You cannot include in your User Information.

“User Information” of a user means any photographs, pictures, content, text, artwork, files, programs, sound, graphics, video, data, product ratings, product comments, or forum posts and other similar materials that an End User submits, e-mails, or otherwise uses with the Services. “Your User Information” means User Information that You provide to ZOOBOP. “Media” means any means of conveying information. You are solely responsible for Your User Information.

You assume all risks associated with use of User Information, including any reliance on its accuracy, completeness or usefulness, or any disclosure of Your User Information that makes You or any third party personally identifiable.

Subject to Our Privacy Policy, using Your User Information with the Services, You automatically grant, and You represent and warrant that You have the right to grant, to ZOOBOP an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license. This license may be used to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use Your User Information, and to grant sub licenses of the above, solely for the purposes of including Your User Information in the Services. You agree to permanently waive (and cause to be waived) any claims and declarations of moral rights or attribution with respect to Your User Information.

Subject to Our Privacy Policy, You grant to ZOOBOP a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid up, transferable right and license, with the right to sublicense through multiple levels of sublicensees, under all of Your intellectual property and other rights in Your User Information, to use all trademarks, trade names and the names and likenesses of any individuals that appear in Your User Information.

You agree that you will not submit User Information that is unlawful, pornographic, libelous, defamatory, tortious, obscene, or racially, ethnically or otherwise objectionable or that otherwise violates general ZOOBOP community standards or industry standards. We expressly reserve the right to remove or not make available any User Information that We believe is in violation of this agreement/ Terms of Use, the applicable laws, or our community standards in Our sole discretion. You agree that You will not upload, post, e-mail or otherwise transmit User Information to Us that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.

Although We have the right to include Your User Information in the Service or in any Media, We do not have the obligation to do so. We may, in Our sole discretion and for any reason, refuse Your User Information or remove it from Our Services at any time. We reserve the right to remove, screen, edit, or reinstate User Information from time to time at Our sole discretion and without notice to You. We have no obligation to retain or provide You with copies of Your User Information, nor do We guarantee any confidentiality with respect to Your User Information.

You affirm, represent, and warrant that: (a) You own, or have the necessary licenses, rights, and/or consents to use Your User Information with the Services as described in these Terms of Use; (b) Your User Information does not infringe any copyright or any other Intellectual Property Right of any third party; (c) Your User Information, and ZOOBOP’s exercise of its rights as stated in this Terms of Use, do not and will not violate, misappropriate or infringe any Intellectual Property Right, including but not limited to trademark rights, copyrights, moral rights, if any, and publicity rights of any third party; (d) You possess all rights necessary for the reproduction, distribution, transmission, public performance, public display, and other exploitation of Your User Information by ZOOBOP as permitted in this Terms of Use; (e) Your User Information is not pornographic, obscene, libellous, defamatory, tortious, or otherwise unlawful; and (f) all factual statements submitted by You are accurate and not misleading.

You may not state or imply that Your User Information is in any way provided, sponsored or endorsed by ZOOBOP.

ZOOBOP is not obligated to back up any User Information and Your User Information may be deleted at anytime. You are solely responsible for creating backup copies of Your User Information if You require. We will protect User Information in accordance with ZOOBOP’s Privacy Policy.

15. Disclaimer of Warranties/Limitation of Liability

ZOOBOP has made every attempt to ensure the accuracy and reliability of the information provided on the Site and/or the Application. However the information is provided “on an as is” basis and without representation or warranty of any kind.

ZOOBOP does not warrant that the product description, colour, information or other content of the Site and/or the Application is accurate, complete, reliable, current or error-free. The Site and/or the Application may contain typographical errors or inaccuracies and may not be complete or current. The product pictures are indicative and may not match the actual product. We do not accept any liability for the accuracy, content, legality of the information contained in the Site and/ or the Application. The Trademarks and Logos belonging to respected companies and manufacturers / brand owners are used solely to identify products and companies and belong to the respective product owner/manufacturer/ brand. Also, you can find links to third party websites but ZOOBOP has no control over those websites. We do not guarantee or accept responsibility for what you might find as a result of these links. References are provided for informational purposes only.

ZOOBOP or its subsidiaries, affiliates, partners, or licensors do not make any representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the Site and/or the Application or any of the content, including but not limited to warranties of merchantability, non-infringement or fitness for a particular purpose.

The Site and/or the Application is provided to you on an "AS IS". We make no representations regarding the use of or the result of the use/depiction of the contents (including the products) on the Site and/or the Application in terms of their correctness, accuracy, reliability, or otherwise. ZOOBOP shall not be liable for any loss suffered in any manner by the End Users as a result of depending directly or indirectly on the depiction of the contents (including, the products) on the Site and/or the Application.

You acknowledge that the Site and/or the Application is provided only on the basis set out in the Terms of Use read with other policies of ZOOBOP. Your uninterrupted access or use of the Site and/or the Application on this basis may be prevented by certain factors outside our reasonable control including, without limitation, force majeure events such as fire, lock-outs, strikes, accidents, pandemic, epidemic, lockdown, the unavailability, inoperability or interruption of the internet or other telecommunications services or as a result of any maintenance or other service work carried out on the Site and/or the Application.

ZOOBOP shall have the right, at any time, to change or discontinue any aspect or feature of the Site and/or the Application, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, the Site and/or Application may discontinue disseminating any portion of information or category of information. ZOOBOP does not accept any responsibility and will not be liable for any loss or damage whatsoever arising out of or in connection with any ability/inability to access or to use the Site and/or the Application.

ZOOBOP through the Site and/or Application intends to provide its End Users with general information about beauty and healthcare topics, brands and products. The Site encourages its End Users to interact with ZOOBOP and its employees by asking questions that enables the End Users to obtain information of a general nature pertaining to beauty and healthcare topics. The postings on the Site and/or the Application, as the case may be, or on social networking sites, including the Site’s Facebook/ Twitter page, or any information provided over chat or e-mails exchanged with ZOOBOP, its employees or representatives which are in furtherance of any communication made by the End Users with ZOOBOP, its employees or representatives is based on the background provided by the End Users. The information provided is not intended to constitute personal medical suggestion or be used for any medical diagnosis or treatment. While ZOOBOP takes reasonable care to ensure that the Information is accurate, ZOOBOP makes no representation and takes no responsibility for the accuracy, completeness, appropriateness or usefulness of the Information. For any specific medical conditions or issues, End Users are advised to seek opinion from a certified medical practitioner. In the event any End User relies on the Information provided by ZOOBOP or its representatives/ employees, he/she may do so at its own risk. Under no circumstances will ZOOBOP, its employees, representative or affiliates be liable for the Information or the consequences of relying on such Information.

For any general information posted on the Site and/or Application, End Users must not infer or assume that such information necessarily applies to them.

With an endeavour to provide the End Users with relevant information pertaining to health risks associated with personal care products and brands, We focus on the synthetic and natural ingredients in products along with the brand’s philosophy vis a vis environment, social responsibility, transparency and ethics. In this regard, ZOOBOP has introduced a Zoobop Score card wherein products / brands are rated by ZOOBOP on the basis of factors such as environmental friendliness, synthetic derived & natural derived chemicals being used in products, whether a brand is conducting tests on animals, ingredients such as organic & paraben free, recycling policy and vegan friendliness. Our ratings for brands/products is determined on data released by non-profit and government agencies along with the information we get from the brand’s own website. No consideration has been received by ZOOBOP from any third party for rating the products / brands. The rating of the Zoobop Score is merely for reference purpose and in no manner guarantees the affects and suitability of the products / brand for the End Users and such ratings should not influence you from buying or rejecting a particular product. End Users are responsible for conducting their due diligence before purchasing a product to see if it meets their requirements. ZOOBOP shall not be responsible in any manner for the loss incurred by the End User or any third party due to the rating of products / brand by the Zoobop Meter.

16. Limitation of Liability

You agree that to the fullest extent permitted by the applicable law, neither ZOOBOP nor its holding, subsidiaries, affiliates, founders, partners, or licensors will be responsible or liable (whether in contract, tort (including negligence) or otherwise) under any circumstances for any (a) interruption of business; (b) access delays or access interruptions to the Site and/or the Application; (c) data non-delivery, loss, theft, corruption, destruction or other modification; (d) loss or damages of any sort incurred as a result of dealings with or the presence of off-website links on the Site and/or the Application, as the case may be; (e) viruses, system failures or malfunctions which may occur in connection with your use of the Site and/or the Application, including during hyperlink to or from third party websites; (f) any inaccuracies or omissions in content; or (g) events beyond the reasonable control of ZOOBOP. ZOOBOP makes no representations or warranties that defects or errors will be corrected.

Further, to the fullest extent permitted by law, neither We nor our subsidiaries, affiliates, partners, or licensors will be liable for any indirect, special, punitive, incidental, or consequential damages of any kind (including loss of profits) related to the Site and/or the Application or Your use thereof regardless of the form of action whether in contract, tort (including negligence) or otherwise.

You agree that no claims or action arising out of, or related to, the use of the Site and/or the Application or these terms and conditions may be brought by You more than one (1) year after the cause of action relating to such claim or action arose. If You have a dispute with Us or are dissatisfied with the Site and/or the Application, termination of Your use of the Site and/or Application is your sole remedy. We have no other obligation, liability, or responsibility towards You. This disclaimer constitutes an essential part of this Terms of Use.

ZOOBOP shall not be liable for any failure or delay in performing its obligations hereunder to the extent that such failure or delay is also caused by a Force Majeure Event. A "Force Majeure Event" means any event beyond a party's control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, accidents, lockdown, epidemic, pandemic, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of suppliers or subcontractors or seller or product manufacturer.

17. Indemnification

You agree to defend, indemnify and hold harmless ZOOBOP, its employees, directors, founders, officers, agents and their successors and assigns, its holding, subsidiaries, affiliates, partners, or licensors from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon Your actions or inactions, which may result in any loss or liability to ZOOBOP or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of Your obligations under the Terms of Use and/or Privacy Policy, or arising out of the Your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of the Terms of Use.

18. Termination

These Terms of Use and the Privacy Policy are effective unless and until terminated by either You or ZOOBOP.

You may terminate the Terms of Use at any time, provided that You discontinue any further use of the Site and/or the Application. ZOOBOP may terminate the Terms of Use at any time and may do so without notice, and accordingly deny You access to the Site and/or the Application, such termination will be without any liability to the Site and/or the Application.

Upon any termination of the Terms of Use by either you or ZOOBOP, You must promptly destroy all materials downloaded or otherwise obtained from this Site and/or the Application, as well as all copies of such materials, whether made under the Terms of Use or otherwise. Any such termination of the Terms of Use shall not affect any liability that may have arisen under the Terms of Use.

19. Assignability

We may assign Our rights and delegate Our duties under these Terms of Use either in whole or in part at any time without notice. You may not assign, sublicense or otherwise transfer Your rights or obligations, in whole or in part, under these Terms of Use to anyone else without Our prior written consent.

20. Relationship

This Agreement does not establish any relationship of partnership, joint venture, employment, franchise or agency between You and ZOOBOP.

21. Feedback

Any feedback or suggestions you provide to ZOOBOP will be considered non-confidential and non-proprietary. As such, without a written agreement with ZOOBOP that says otherwise, You agree that You will not submit to ZOOBOP any information or ideas that You consider to be confidential or proprietary.

22. The Application and Mobile Platform Providers

With respect to the Application, each of the parties hereto acknowledges that no mobile platform provider, such as Apple inc. ("Apple") or Google inc., has any obligation whatsoever to furnish any maintenance or support services.

THE MOBILE PLATFORM PROVIDER IS NOT RESPONSIBLE FOR ANY OF YOUR CLAIMS RELATING TO THE APPLICATION, INCLUDING WITHOUT LIMITATION, (a) product liability claims, (b) claims that the application fails to conform to any applicable legal or regulatory requirement, (c) claims arising under any consumer protection of similar legislation, and (d) claims that the application infringes on any third party's intellectual property rights.

23. Release

In the event that You have a dispute with one or more other End Users of the Services or any seller, as the case may be, You release ZOOBOP (and our officers, directors, employees, shareholders, affiliates, agents, successors or assigns, nor any party involved in the creation, production or transmission of Services) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

24. Governing Law & Jurisdiction.

These Terms will be governed by and construed in accordance with the applicable laws of India, and subject to arbitration, the courts of Solan, Himachal Pradesh shall have exclusive jurisdiction.

- Any and all disputes between You and Zoobop arising out of or in connection with the Term of Use / agreement or its performance (including its validity, interpretation and termination) shall, so far as is possible, be settled amicably between You and Zoobop.

- If, within a period of 30 (thirty) days from date of receipt of notice from either You or Us, have failed to reach an amicable settlement, such dispute shall, at the written request of You or US, be settled by final and binding arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time (“Arbitration Act”).

- The seat and venue of such arbitral proceedings shall be at Solan, Himachal Pradesh; the language of the proceedings shall be in the English language; and all proceedings of such arbitration including the award shall be kept confidential by the Parties.

- The arbitration panel shall consist of (1) One arbitrator to be appointed by Us.

- The arbitration award rendered shall be final and binding on You and Us. The arbitrators' panel shall endeavour to give their award within 6 (six) months of the dispute being referred to the arbitration panel.

Without any prejudice to the aforesaid, ZOOBOP shall have the right to seek and obtain any injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual property rights or confidential information or to preserve the status quo pending arbitration.

25. Miscellaneous

You acknowledge and hereby agree to these Terms of Use as the exclusive agreement between Us concerning Your use of the Site and/or Application, and supersede all prior or contemporaneous proposals, agreements, or other communications, whether electronic, oral or written.

ZOOBOP may, with or without prior notice, terminate any of the rights granted by the Terms of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use/access to the Site or the Application.

Our failure to require Your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall Our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render the Terms of Use and/or Privacy Policy unenforceable or invalid as a whole but these Terms of Use and/or Privacy Policy shall be modified, to the extent possible, by the adjudicating entity to most fully reflect the original intent of the parties as reflected in the original provision.

The headings in the Terms of Use are for convenience only and shall not be used in its interpretation.

If You have any questions regarding the Terms of Use and/or Privacy Policy then please email Us at support@zoobop.com

26. CONTACT INFORMATION:

Customer Service Desk

E-mail id: support@zoobop.com

Contact Days: Monday to Saturday (10 a.m. to 6:00 p.m.)

Registered Office address: Zoobop Me Works Pvt Ltd, C/o. Purewal and Associates Ltd. PO Jubbar, Tehsil Kasauli, Distt. Solan, Himachal Pradesh 173225

Last Modified: October 22, 2020