TERMS OF USE
This document is a legally binding agreement between you as the user(s) of the Platform (referred to as “you”, “your” or “User” hereinafter) and ZONO Tradetech Private Limited duly incorporated and registered under the provisions of the Companies Act, 2013 and having its Registered Office at Flat no. 401, Enclave S. No. 55 56 57 58 Janardhan Plaza, Apts, P. No.120/121 Lumbini GACHIBOWLI, HYDERABAD.(Hereinafter referred to as “Company”, “we”, “our'' or “ZONO”). These Terms of Use describe the terms and conditions applicable to your access and use of the products developed by the company such as ZöTok mobile application, ZöTok Web application, or any other product introduced by company from time to time collectively referred as ZöTok or Platform.
ZöTok, a flagship product wholly owned by Zono Trade Tech Pvt Ltd, facilitates the Order-to-Cash cycle via WhatsApp, fostering essential business dialogues between Distributors and their Brands & Retailers. Our Network CRM's success hinges on the vibrant conversations within diverse industry, geography, and brand cohorts
You represent and warrant to the company that you have full legal capacity and authority to agree and bind yourself to these Terms.
1. Application and Acceptance of the Terms
- 1. User's use of the ZöTok Platform and its services is subject to the terms and conditions contained in this document as well as the privacy policy and any other rules and policies of the Platform that ZöTok may publish from time to time.
- 2. This document and such other rules and policies of the Platform are collectively referred to below as the “Terms”. By accessing the Platform or using the Services, User unconditionally agrees to accept and be bound by the Terms.
- 3. You acknowledge and agree that the Company reserves the right to amend any or all Terms at any time by posting the relevant amended and restated Terms on the Platform. By continuing to use the Services or the Platform, you acknowledge to have accepted the amended Terms and agree that the amended Terms will apply to you.
2. Provision of Services
- 4. The contracting entity that you are contracting with is ZONO Tradetech Private Limited. There are some part of the services that may be supported and provided by third party partners of zono, for all such services your contracting entity will be such third party, as the case may be and zono disclaims all liability for any claims that may arise pursuant to your use of services provided by such affiliates of zono or third parties.
- 5. You must register as a member on the Platform in order to access and use Services. Further, zono reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that zono may impose in its discretion.
3. Users Generally
- 6. You agree to use the ZöTok platform solely for your own business and internal purposes. The trade offers sent and received by users and data exchanged on the platform will solely be the responsibility of users.
- 7. You must read zono's Privacy Policy which governs the protection and use of personal information about Users of Platform and our affiliates. You accept the terms of the Privacy Policy and agree to the use of the personal information about you in accordance with the Privacy Policy.
- 8. You agree not to undertake any action which may undermine the integrity of ZöTok's feedback system.
- 9. Any content posted by users like text, images and other information (User Content) is property of the user and it is user discretion to whom to transmit and display the User content. However, the user grants an irrevocable, perpetual, worldwide, royalty-free, and sub-licensable license to zono to display and aggregate information in anonymise way or create derivative of works and display it to the users or intended users.
- 10. User agree, undertake and confirm that User's use of Platform shall be strictly governed by the following binding principles:
- a. User shall not host, display, upload, modify, publish, transmit, update or share any information which:
- i. belongs to another person and to which User does not have any right to;
- ii. is grossly harmful, harassing, defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or terror activity, or otherwise unlawful in any manner whatever.
- iii. is misleading in any way;
- iv. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
- v. harasses or advocates harassment of another person;
- vi. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming" or messages using ZöTok communication platform;
- vii. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- viii. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
- ix. promotes an illegal or unauthorized copy of another person's copyrighted work
- x. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- xi. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- xii. contains video, photographs, or images of another person (with a minor or an adult).
- xiii. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- xiv. interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
- xv. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
- xvi. harm minors in any way;
- xvii. violates any law for the time being in force;
- xviii. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- xix. shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- xx. shall not create liability for ZöTok or cause ZöTok to lose (in whole or in part) the services of our internet service provider ("ISPs") or other suppliers;
- xxi. You shall not use any "deep-link", "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 the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. ZöTok reserve its right to bar any such activity.
- xxii. User shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
- xxiii. Unless expressly permitted, User shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform.
- a. User shall not host, display, upload, modify, publish, transmit, update or share any information which:
4. User Accounts
- 11. User must be registered on the Platform to access or avail the Services. ZöTok may cancel or terminate a User's account if ZöTok has reasons to suspect that the User is not binding to the principles defined in section 5.
- 12. A set of User ID and OTP (One Time Password) / password is unique to a single account. You shall be solely responsible for maintaining the confidentiality and security of your user ID and password and for all activities that occur under User's account. You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Specific Terms & Conditions or rules, subscribing to or making any payment for any services, sending emails using the Platform or other communications) will be deemed to have been authorized by you.
5. User's Responsibilities
- 13. You represents, warrants and agrees that (a) you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the Terms (b) you have full power and authority to accept the Terms, to grant the license and authorization and to perform the obligations hereunder; (c) you use the Platform and Services strictly for business purposes only; and (d) the place you provide when registering is the principal place of business of your business entity.
- 14. User will be required to provide registration information during the registration process on the Platform or your use of any Service or the User account. Each User represents, warrants and agrees that (a) such information and material whether submitted during the registration process or thereafter throughout the continuation of the use of the Platform or Service is true, accurate, current and complete, and (b) User will maintain and promptly amend all information to keep it true, accurate, current and complete.
- 15. User consents to the inclusion of the contact information about User in ZöTok's database.
6. Breaches
- 16. ZöTok reserves the right to remove, modify or reject any User Content that User submit to, post or display on the Platform which ZöTok reasonably believes is unlawful, violates the Terms, could subject ZöTok or its affiliates to liability, or is otherwise found inappropriate in zono's opinion.
- 17. If any User breaches any Terms, or if ZöTok has reasonable grounds to believe that a User is in breach of any Terms, ZöTok shall have the right to take such disciplinary actions as it deems appropriate, including without limitation: (i) suspending or terminating the User's account and any and all accounts determined to be related to such account by ZöTok in its discretion; (ii) restricting, downgrading, suspending or terminating the subscription of, access to, or current or future use of any Service; (iii) removing other User Content that the User has submitted, posted or displayed; and (v) any other corrective actions, discipline or penalties as ZöTok may deem necessary or appropriate in its sole discretion.
- 18. zono reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. Further, zono may disclose the User's identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a subpoena or other legal action.
- 19. You agree to indemnify zono, its affiliates, directors, employees, agents and representatives and to hold them harmless, from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) which may arise from there submission, posting or display of any User Content, from your use of the Platform or Services, or from your breach of the Terms.
7. Transactions Between Users
- 20. For any Services, ZöTok does not represent either the seller or the buyer in specific transactions. ZöTok does not control and is not liable to or responsible for the quality, safety, lawfulness or availability of the products or services offered for sale on the Platform or the ability of the sellers to complete a sale or the ability of buyers to complete a purchase.
- 21. Each User acknowledges that it is fully assuming the risks of conducting any transaction communication of purchase and sale transactions. in connection with using the Platform or Services, and that it is fully assuming the risks of liability or harm of any kind in connection with subsequent activity of any kind relating to products or services that are the subject of transactions using the Platform.
- 22. In the event that any User has a dispute with any party to a offer communication, such User agrees to release and indemnify zono (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including without limitation any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.
8. Limitation of Liability
- 23. Under no circumstances shall the Company be liable to the other Party in any amount for special, incidental, consequential, or indirect damages, loss of goodwill or business profits, work stoppage, or exemplary or punitive damages.
- 24. ZöTok platform service is provided “As is” and “As available”. Workflow defined in ZöTok are not specific to any business but are in general in nature. ZöTok hereby has not warranted, expressly or impliedly, quality, durability, performance, accuracy, reliability or full fitness of product for a particular purpose. All such representations, conditions, warranties are hereby excluded.
- 25. The user logs in to the system using OTP ( one time password) sent on the registered mobile which is known to reduce the risk of unauthorized use of or access to the Services. We therefore will not be responsible for any damages, losses or liability arising out of sharing the login and OTP information by customer. Additionally, Customer is responsible for all login credentials, including usernames and passwords of your user account We will not be responsible for any damages, losses or liability to user, Authorized Users, or anyone else, if such information is not kept confidential by Customer or its Authorized Users, or if such information is correctly provided by an unauthorized third party logging into and accessing the Services.
9. Force Majeure
- 25. Under no circumstances shall ZöTok be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, pandemic, war, governmental actions or orders, orders of domestic or foreign courts or tribunals or non-performance of third parties.
10. Intellectual Property Rights
- 27. ZöTok is the sole owner or lawful licensee of all the rights and interests in the Platform and the Platform Content. All title, ownership and intellectual property rights in the Platform and Platform Content shall remain with ZöTok, our affiliates or licensors of the Platform Content, as the case may be. All rights not otherwise claimed under the Terms or by zono are hereby reserved.
- 28. "ZöTok, and related icons and logos are registered trademarks or trademarks or service marks of ZONO Tradetech Pvt. Ltd, in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
11. Notices
- 29. All legal notices or demands to or upon zono shall be made in writing and sent to zono personally, by courier, certified mail, or facsimile to the following entity and address: ZONO Tradetech Private Limited Flat no. 401, Enclave S. No. 55 56 57 58 Janardhan Plaza, Apts,PNo.120/121 Lumbini GACHIBOWLI, HYDERABAD Legal Department. The notices shall be effective when they are received by zono in any of the above-mentioned manner.
- 30. All legal notices or demands to or upon a User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to zono, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge. Notice to a User shall be deemed to be received by such User if and when, a) zono is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User, or b) immediately upon zono posting such notice on an area of the Platform that is publicly accessible without charge.
12. General Provisions
- 31. Subject to any Specific Terms & Conditions, the Terms constitute the entire agreement between User and zono with respect to and govern User's use of the Platform and Services, superseding any prior written or oral agreements in relation to the same subject matter herein.
- 32. zono and User are independent contractors, and no agency, partnership, joint venture, employee-employer relationship is intended or created by the Terms.
- 33. If any provision of the Terms is held to be invalid or unenforceable, such provision shall be deleted and the remaining provisions shall remain valid and be enforced.
- 34. zono's failure to enforce any right or failure to act with respect to any breach by User under the Terms will not constitute a waiver of that right nor a waiver of zono's right to act with respect to subsequent or similar breaches.
- 35. zono shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, and obligations and duties in the Terms to any person or entity (including any affiliates of zono). User may not assign, in whole or part, the Terms to any person or entity.
- 36. The Terms shall be governed by the laws of India and the parties to the Terms agree to submit to the exclusive jurisdiction of the courts of Hyderabad, Telangana, India
13. Cancellation & Refund Policy
- 37. ZöTok permits cancellation of subscriptions if a User is not satisfied with the product or service.
- 38. Cancellation of the subscription is eligible for refund based on the marketing policies communicated to the users from time to time or at the time of activation of user account.
- 39. A User can only avail refund once. Renewal of subscription after the expiration of its term shall not entitle a User to avail refund.
- 40. The date on the invoice for subscription shall be considered as final and conclusive for determining the Purchase Date.
- 41. All requests for cancellation of subscription and refund should be raised only via the customer support helpline provided by ZöTok. Cancellation and refund requests raised through any other mode of communication will not be considered for refund.
- 42. ZONO has arrangements with banks, affiliates, payment gateways, payment aggregators and other financial service providers for processing refunds
- 43. The User agrees to provide any information required to facilitate refunds including but not limited to bank account details, bank branch names, UPI addresses, IFSC codes.
- 44. Notwithstanding anything contained in any other clause of this policy, this Cancellation and Refund Policy shall not apply to the Users who register and purchase subscriptions of ZONO Products using the referral code/referral link or coupon codes created for product promotion purpose.
14. Grievance Officer
- In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
- Customer Service
Flat no. 401, Enclave S. No. 55 56 57 58
Janardhan Plaza, Apts,PNo.120/121 Lumbini
GACHIBOWLI, HYDERABAD(Telangana)-500032
Email: support@zonoapp.com