Terms And Conditions
Terms and Conditions
These Terms and Conditions ("T&C") govern your use of our application and website, for mobile and handheld devices (“Zappy”) on the Zapiens Platform (the "Platform"). For clarity, the Platform refers to any Platform owned/subscribed/used by Zapiens Innovation Private Limited, not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by Zapiens entities to provide its services to its users. Zappy is owned and operated by Zapiens Innovation Private Limited, a private limited company incorporated under the Companies Act, 2013 and having its registered office at 21/152, Corrazone, Panadans, Kochi, Kalamassery, Kerala. For the purpose of these T&C, wherever the context so requires, “buyer/s”, “you”, “You”, “your”, “Your”, “user”, or “User”, “End User” shall mean any natural or legal person who shall transact on Zappy by providing registration data while registering on Zappy as a registered user using any computer system, phone or handheld device. The terms "Zapiens", Zappy, “We”, "we", “Us”, "us", “Our” or "our" shall mean Zapiens Innovation Private Limited.
Users are requested to carefully read the T&C before using Zappy or registering on Zappy or accessing any material or information through Zappy. By clicking on the “Proceed” button, or through the continued use of Zappy, users accept these T&C of use and agree to be legally bound by the same. If you do not agree to these T&C, you may not use the services on Zappy, and we request you to uninstall Zappy. By installing, downloading or even merely using Zappy, you shall be contracting with Zapiens and you signify your acceptance to this T&C and other Zapiens policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on Zappy and amended from time to time, which takes effect on the date on which you use Zappy, and thereby create a legally binding arrangement to abide by the same.
Zapiens enables transactions on its Zappy between buyers and sellers dealing in various categories of goods and services. ("Zappy Services"). You can choose and place orders ("Orders") on Zappy, from a variety of goods and services (“Products”) listed and offered for sale by various sellers including but not limited to the Kirana’s, retail stores, provisional stores, supermarkets, grocery stores etc ("seller(s)") through the seller application (“seller app”), which is a Platform on which the various sellers are available. The goods and services are sold on a business to consumer basis only for personal consumption and not for resale.
Eligibility
By accessing Zappy, you represent that: -
You are 18 years of age or older;
You are capable of entering into a contract /legally binding agreement;
You have the right, authority and capability to enter into this T&C and abide by all the provisions of the “T&C” of Zapiens Services.
You are not barred or otherwise legally prohibited from accessing or using services of Zappy or Zapiens entities under the laws of India.
You are not impersonating any person or entity, or falsely stating your age or affiliation with any person or entity.
Without prejudice to the other legal remedies which Zapiens may avail, Zappy and Zapiens entities shall reserve the right to terminate your contract to use Zappy in case of any incorrect representation of the above-mentioned conditions.
Amendments
Zapiens retains the right to modify or amend these T&C. You can access the latest version of these T&C at any given time on Zappy. You should regularly review the T&C on Zappy. Your continued use of and access to Zappy shall be your consent to such changes. In the event, the modified T&C are not acceptable to you, you should discontinue accessing Zappy.
Access to Zappy Services
We will do our utmost to ensure that availability of Zappy will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet and third-party intervention/services being provided, this cannot be guaranteed. Also, your access to Zappy may also be occasionally suspended or restricted for any reason whatsoever, including but not limited to repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
Privacy
Please review our Privacy Policy (“Privacy Policy”) which governs your visit to Zappy, to understand our practices. The personal information / data provided to us by you during the course of your usage of Zappy will be treated as in accordance with the Privacy Policy and applicable laws and regulations. If you object to your information being transferred or used, please do not use Zappy.
Use of Zappy Services
All commercial/contractual terms are offered by and agreed to between buyers and sellers or seller app as the case maybe, alone with respect to products being offered by the sellers. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to the product and after sales services related to the products. Zapiens does not have any control and does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the buyers and sellers. The price of the product and services offered by the seller are determined by the seller itself and Zapiens has no role to play in such determination of price in any way whatsoever.
Zapiens neither makes any representation or warranty as to the specifics (such as quality, value, saleability etc.) of the products proposed to be sold or offered to be sold or purchased on Zappy nor does implicitly or explicitly support or endorse the sale or purchase of any products on Zappy. Zapiens accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Zapiens does not make any representation or warranty with respect to any aspect of the services being provided by the Logistic Partner through Zappy including but not limited to pick up and delivery services to the sellers or buyers as the case may be.
Zappy assumes the role of facilitator and does not at any point of time during any transaction between buyer and seller and/or buyer and Logistic Partner on Zappy come into or take possession of any of the products offered by seller or Logistic Partner. At no time shall Zapiens hold any right, title or interest over the products nor shall Zapiens have any obligations or liabilities in respect of such contract entered into between buyer and seller and/or buyer and Logistic Partner.
Zappy is only an application for communication, and it is agreed that the contract for sale of any of the products shall be a strictly bipartite contract between the seller and the buyer. In case of complaints from the buyer pertaining to efficacy, quality, or any other such issues, Zapiens shall notify the same to the seller app. The seller app in coordination with the seller shall be liable for redressing buyer complaints. In the event you raise any complaint on any seller, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the seller and the specific order to which the complaint relates, to enable satisfactory resolution of the complaint.
Your conduct
You agree, undertake and confirm that your use of Zappy shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information which belongs to another person and to which the user does not have any right;
is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting, or harassing on the basis of gender, libelous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
is harmful to children, infringes any patent, trademark, copyright, or other proprietary rights, violates any law for the time being in force, impersonates another person, threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting other nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
disrupt or interfere with the security of, or otherwise cause harm to, Zappy, systems resources, accounts, passwords, servers, or networks connected to or accessible through Zappy or any affiliated or linked sites;
violates the T&C contained herein or elsewhere; and
reverses, engineers, modifies, copies, distributes, transmits, displays, performs, reproduces, publishes, licenses, creates derivative works from, transfers, or sells any information or software obtained from Zappy.
You shall not use any "deep-link", deepfake, "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Zappy or any content, or in any way reproduce or circumvent the navigational structure or presentation of Zappy or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Zappy. We reserve our right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of Zappy, or any other systems or networks connected to Zappy or to any server, computer, network, or to any of the services offered on or through Zappy, by hacking, password "mining" or any other illegitimate means.
You shall not probe, scan or test the vulnerability of Zappy or any network connected to Zappy nor breach the security or authentication measures on Zappy or any network connected to Zappy. You shall not reverse look-up/engineer, trace or seek to trace any information on any other user of or visitor to Zappy, or any other customer, including any Account on Zappy not owned by you, to its source, or exploit Zappy or any service or information made available or offered by or through Zappy, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by Zappy.
You shall not make any disparaging or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of Zapiens or sellers on Zappy or otherwise tarnish or dilute any of Zapien’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Zappy or the any transaction being conducted on Zappy, or with any other person's use of Zappy.
You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through Zappy or any service offered on or through Zappy.
You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Custom Duty and Local and Central Levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
Solely to enable us to use the information you supply us with, so that we are not violating any rights, you might have in your information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information, which will include sharing of your information with our affiliates, subsidiaries and third parties. We will only use and/or share your information in accordance with the T&C and Privacy Policy applicable to the use of Zappy.
Zapiens reserves its right, but has no obligation, to monitor the materials posted on Zappy. Zapiens shall have the right to remove or edit any content that, in its sole discretion, violates, or is alleged to violate, any applicable law or either the spirit or letter of these T&C. Please be advised that such content posted does not necessarily reflect Zapien’s views. In no event shall Zapiens assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on Zappy.
You understand and acknowledge that by using Zappy or any of the Zappy Services, you may encounter content that may be deemed by some users to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use Zappy and any Zappy Services at your sole risk and that to the fullest extent permitted under applicable law. Zapiens shall have no liability to you for content that may be deemed offensive, indecent, or objectionable to you.
You may access Zappy by registering to create an account ("Account") and become a member ("Membership").
If you use Zappy, you shall be responsible for maintaining the confidentiality of your display name and password, and you shall be responsible for all activities that occur under your display name and password. 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 this T&C, we shall have the right to indefinitely suspend or terminate or block access of your membership on Zappy and refuse to provide you with access to Zappy. You shall be solely liable and responsible for all the activities undertaken under your account, and any consequences therefrom.
Your mobile phone number and/or e-mail address is treated as your primary identifier on Zappy. It is your responsibility to ensure that your mobile phone number and your email address is up to date on Zappy at all times.
You agree to notify us promptly if your mobile phone number or e-mail address changes by updating the same on Zappy through a onetime password verification.
Order flow, for buying products
An order placed on Zappy will involve one or more of the following steps:
Open Zappy application
Search your items in the list of categories/ Sub categories or use the search bar
Choose the quantity and any specific variants (if applicable) for the item. Click on the "Add” button to add the product to the “bag”.
Add more items into your bag, once you finished adding the products click on the “Bag” icon. You can review your orders in the “Bag”.
You can make any modifications, such as adding or removing items, and see the total cost.
If your total order value is above the specific amount, you can use discount coupons.
After applying the coupon, you should see the updated total cost, reflecting the discount or offer provided by the coupon.
Choose your delivery method and set your time from the available slots.
Once you are satisfied, click on the "Place Order" button. Zappy allows the Buyers to place Orders and upon acceptance of such Orders by the Sellers, the Seller will, subject to these T&Cs, facilitate the delivery of Products.
The seller has the discretion to accept, reject, or modify the order. The seller's ability to reject an order is subject to specific terms and conditions set by Zappy and the seller's own policies. If some items in the order are out of stock or unavailable, the seller may communicate with the customer to offer substitutions or alternatives based on the consent and preference of the customer. Once the order is accepted by the seller, you will receive a notification of order confirmation with the details of your purchase and a unique delivery code.
Share the code when the delivery person hands over the package to you and it is crucial to ensure that the items delivered are correct, in good condition, and meet your expectations.
Zappy does not own, sell, or resell on its Products offered by the sellers, and/or does not control the sellers or the related services provided in connection thereof.
Buyer understands that any order that he/she places shall be subject to the terms and conditions set out in these T&Cs including, but not limited to, product or service availability, delivery location serviceability, and acceptance of orders by sellers/Logistic Partners.
The prices reflected on Zappy, including packaging or delivery charges, are determined by the seller and are listed based on seller's information.
Collection of payments against the bills generated for shopping is the sole responsibility of the seller. Zappy do not interfere in any of such transactions.
You can also avail credit facility from the vendor.
The seller shall be solely responsible for any warranty/guarantee of the products sold to the buyers and in no event shall be the responsibility of Zapiens.
The transactions are bilateral between the seller and buyer, and between seller/buyer and Logistic Partner, therefore, Zapiens is not liable to charge or deposit any taxes applicable on such transactions.
Availing Credit
The option to avail credit from the shop is solely at the discretion of the seller. Zappy does not guarantee or determine the availability or approval of credit for any user.
The seller reserves the right to assess each user's creditworthiness and decide whether to extend credit or not. Zappy is not involved in the credit approval process.
Zappy Application Status
The Zappy application may include a feature that allows users to view the status of credit available to them. However, this information is provided for informational purposes only and does not constitute a guarantee of credit availability.
Zappy shall not be held responsible for any inaccuracies, delays, or errors in displaying the credit status on the application.
Zappy serves as a platform that connects buyers and sellers but does not partake in any transactions between them. Zappy shall not be liable for any disputes, losses, or damages arising from any transactions between the buyers and sellers.
Users agree to provide accurate and up-to-date information when using the Zappy application. Users are solely responsible for any actions taken through their Zappy accounts, including credit availing and transactions with sellers.
Return, cancellations, exchange, and refund
Zappy will endeavour to assist buyers who have bonafide disputes about the products delivered or supplied to them by the sellers. The return policy and return policy period depend on the product category, the seller’s refund policy, and the seller.
Replacement: If at the time of delivery and/or within the applicable return policy period, any defect is found, then the buyer of the products can ask for replacement of the products from the seller subject to the following terms and conditions:
Notify seller of any defects in the products at the time of delivery (Check and ensure the quality/quantity/date of expiry of the products before providing delivery code) of the product/s within the applicable return policy period and the same product/s will be replaced in return for the defective product/s.
Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the seller.
You may also return the product in order if:
the wrong item or items is or are delivered other than what You had ordered in order; or
Item or items are substantially damaged or deteriorated in quality at the time of delivery; and
You agree that you shall give us all the requisite proofs including but not limited to images of product or products having issue or issues.
The following products shall not be eligible for return or replacement:
Damages due to misuse of product;
Any consumable item which has been used;
Products with tampered or missing serial/UPC numbers;
Any damage/defect which is not covered under the manufacturer's warranty.
Any product which is returned without its original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
Cancellations:
You may cancel an order without charge at any time before the seller accepts the order.
You cannot cancel the order post acceptance of an order by the seller except if
the order could not be delivered within the estimated time while placing the order; or
if the seller doesn't accept or cancels the order due to reasons not attributable to the buyer, including but not limited to the store being closed, non-availability of items, store being unable to service online orders at that moment, etc.
In all other cases, you may cancel an order without charge at any time before the status of the order changes to “In-Progress” on Zappy.
Zappy reserves the right to look into the cancellation request of the buyer and determine if such a cancellation request falls under the conditions mentioned above.
If Zappy is satisfied that the request fulfils any of the aforesaid conditions, then Zappy shall process the cancellation request made by the buyer.
The seller may cancel an order (in full or partially) for reasons including shortage or unavailability of certain products/brand or force majeure events.
In case the seller cancels any order, you will not be charged for such cancellations, and the seller will refund you for any payment already made.
Zappy reserves the right to cancel the orders in the following circumstances:
Any Item or product is not in stock.
In the event you are claiming a return, refund, or cancellation of a product, you may raise a ticket with customer support for assistance.
Action would be taken basis your interaction and response with the customer support flow as well as the valid proof submitted by you.
Zapiens reserves its right to initiate civil and/or criminal proceedings against a user who, files invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, Zapiens may at its sole discretion suspend, block, restrict, or cancel the display name and its related display names of such user and/or disqualify that user and any related users from availing protection through Zappy. Any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offense and will be prosecuted to the fullest extent of the law.
