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Terms of Use
Welcome to Zibonga!

These terms of use govern your (hereinafter be referred to as “You”, “Your”, “User”, “Customer” as applicable) access and/or use of:

a) http://www.zibonga.com/ (“Site” or “Website”) ; and
b) Service(s) (As defined hereinbelow)

provided by M/s Zibonga Joys Pvt Ltd. (“Company”, “Zibonga” "We", "Us", "Our" and terms of similar meaning).

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE WEBSITE. THESE TERMS CONSTITUTE A BINDING, LEGAL AGREEMENT BETWEEN YOU AND THE COMPANY. IN ORDER TO USE THE WEBSITE AND/OR AVAIL THE SERVICES, YOU MUST AGREE TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT ENTITLED TO USE THE WEBSITE OR AVAIL THE SERVICES PROVIDED BY US.
ACCEPTANCE AND GOVERNANCE OF TERMS

You hereby expressly acknowledge and agree to be bound by these terms, policies and guidelines incorporated by reference in these terms, as may be amended from time to time in the manner as set forth herein below ("Terms"). By using the Website, You represent and warrant that:

  • You are at least 18 years old. If You are under the age of 18, You agree to discuss these Terms with Your natural or legal guardian and the use of the Website and/or Services is deemed to be a consent from Your natural or legal guardian;
  • You are a resident of India;
  • You shall not use the Website and/or Services for transactions in foreign currency. The Services are available only in India and any access of the Site and/or Services from outside India shall be at Your sole risk and consequence;
  • You have the lawful authority and capacity to contract and be bound by these Terms;
  • If You are accepting these Terms on behalf of a company, limited liability partnership or other legal entity, You have the authority to bind such entity to these Terms and, in such event, “You” and “Your” as used in these Terms shall refer to such entity; and
  • You will comply with all applicable laws and regulations.

These Terms are subject to change at any time without notice. To make sure You are aware of any changes, please review these Terms periodically. We may, from time to time, release new features on the Website, or introduce other Services. Any such amendments to the Website will be subject to these Terms as well as any additional terms of use that We may release for those specific Services or features. Continued use of the Website and/or Services after any such changes shall constitute Your consent to such changes.

These Terms are published in compliance of, and is governed by the provisions of Indian law, including but limited to:

  • the Indian Contract Act, 1872;
  • the (Indian) Information Technology Act, 2000 and the rules, regulations, guidelines and clarifications framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 and
  • The (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011.
DEFINITIONS

“Gift Partner(s)” or “Vendor(s)” shall mean third party shopping portals and stores listed on the Website;

“Services” shall mean and include the following :

  • Registration of a User on the Website;
  • Registration of Vendors/Gift Partners on the Website to enable visibility of gifting options;
  • Creation of a gift registry and provision of allied services;
  • Enabling gifting contribution to the registries created;
  • Providing coupons or promotional offers to Customers as We shall deem fit at Our sole discretion subject to the terms of coupons or promotional offers; and
  • Any other services as We may deem fit.
MEMBERSHIP

It is not mandatory to register to visit, access and use the Website. However, access to the Services is only available to registered Users. You need to register and create a User account (“Account”) to avail the Services on the Website by providing, Your name, email address, password and other details. By registering and creating Your Account on the Website, You agree to:

  • provide accurate, current and complete information as may be prompted ("Registration Data") and maintain and undertake to update the same in respect of any changes;
  • maintain the security of Your password;
  • accept all risks of unauthorized access to the Registration Data and any other information You provide to Us;
  • notify Zibonga immediately of any breach of security or any unauthorized use of Your Account;
  • not authorize, assign or otherwise transfer Your Account to any other person or entity;
  • operate through the account created and in no event use another User’s account for any purpose or objective; and
  • be responsible for all activity on Your Account and to use and operate the same in accordance with applicable law.
  • We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by Us in Our sole discretion, and may, with or without prior notice, suspend or terminate Your Account if activities occur on that Account which, in our sole discretion, would or might constitute a violation of these Terms, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations. Zibonga may at its sole discretion restore access to Your Account, at any time, pursuant to any suspension.

USE OF THE SERVICE
  • Upon creation of Your Account, You shall be entitled to create and/or contribute to a gift registry and such allied Services.
  • Promotional offers : The Company may at its discretion run promotional offers in respect of certain Services subject to such terms and conditions as may be prescribed. All promotional offers shall be subject to the terms and conditions governing the same, as displayed on the Website. The User hereby agrees and acknowledges that the Company shall have the sole discretion to run promotional offers, modify the terms and conditions governing the same and discontinue the promotional offers with no prior intimation to the User, at its sole discretion. The User shall have no right, claim or authority to dispute the continuance or discontinuance of promotional offers by the Company.
PAYMENTS
  • Zibonga currently offers its Services at no costs. The Company shall be entitled to amend the fees and charges leviable for Services, anytime at its sole discretion.
  • Cancellation and Refund Policy : The User shall not be entitled to any refund or cancellation except in accordance with the cancellation policy set out at Cancellation Policy.
  • The User maybe prompted for additional verification details including provision of Permanent Account Number for authorizing transactions vide the Website. The User represents and warrants that any credit or payment information it supplies is true, accurate and complete in all respects. In the event the User commits a breach in respect thereof, the Company reserves its right to either suspend/terminate the Services with immediate effect or terminate User’s access to the Website.
  • The User agrees and acknowledges that the Company uses third-party payment processors for automated online electronic payments, collection and remittance facility for the payment to concerned Gift Partners by the User on the Website, using the authorized banking infrastructure and credit card payment gateway networks (“Payment Processors”) for any payments made on the Website. The processing of all payments will be subject to the terms, conditions and privacy policies of the Payment Processors in addition to these Terms. The User further agrees and acknowledges that neither the Company nor any of its directors, employees, shareholders or other representatives shall be liable to the User under any circumstances for any direct, indirect, punitive, incidental, special or consequential damages that result from or arise out of use of the Payment Processors.
  • The Company shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of payment authorization for any transaction, on account of the User having exceeded the preset limits mutually agreed by Us with the Payment Processors and/or individual banks from time to time and/or the User’s individual bank’s preset limits.
ACCESS AND USE

The Company grants You a limited, personal, non-exclusive, non-transferrable and non-sub licensable right to use the Website and Services, solely for Your own personal, non-commercial use, subject to the Terms. Your access and use of the Website and Services is subject to the following representations and warranties:

  • You may only access the Website or Services using authorized and lawful means;
  • Zibonga shall not be liable for any failure or default to provide access to the Website on account of any failure or delay by You to register with the Website for such access or due to any other reasons whatsoever;
  • Any configuration or set up of the Devices for access to the Website and the Services shall be Your sole responsibility. “Device” means a device, usually electronic, that processes data according to a set of instructions, which may include but not restricted to workstations, personal computers, laptops, netbooks, personal digital assistants, tablets, and smart phones;
  • The Company collects, stores, processes and uses Your information in accordance with Company’s privacy policy available at Privacy Policy . By using the Website and/ or by providing Your Personal Information (as defined in the Privacy Policy), You consent to the collection and use of the information You disclose on the Website by Company in accordance with the Privacy Policy;
  • You will not take any action that interferes with, degrades or adversely affects the Company and/or the Services and/or the Website;
  • You will not use the Website in a manner (i) that is prohibited by any law or regulation, or facilitates the violation of any law or regulation including foreign exchange regulations; or (ii) will disrupt a third parties’ similar use; (iii) violate or tamper with the security of the Website;
  • You will not use the Website, or any portion thereof, to transmit, publish, post, upload, distribute or disseminate any inappropriate, harassing, abusive, defamatory, libelous, obscene, illegal or deceptive content;
  • You will ensure that the Website is not used to upload, post, transmit, or otherwise make available any content that contains a virus or any other form of malicious code or data that is likely or intended to have an adverse impact on, or provide unauthorized access to, the Website or any other software, hardware, services or data;
  • You shall not use any automated system, including but not limited to, "robots," "spiders," "offline readers," "scrapers," etc., to access the Website;
  • You will not attempt to gain unauthorized access to any accounts, information, computer systems or networks connected to the Website, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, through hacking, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally made available to You;
  • Unless You have executed a written agreement with the Company expressly permitting You to do so, You may not provide a hyperlink to the Website from any other website. The Company reserves the right to revoke its consent to any such hyperlink at any time at its sole discretion.
  • You will not use, misuse or misappropriate the Website to develop, or to assist anyone in developing a competitive Website, service or for other competitive purposes;
  • You will not copy, distribute, or make derivative works of the Website in any medium;
  • You shall be solely responsible for (i) procuring and maintaining Your network connections and telecommunications links from Your systems to Company’s data centres, and (ii) all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to Your network connections or telecommunications links or caused by the internet;
  • You acknowledge that from time to time, Zibonga may apply Upgrades (hereinafter defined) to the Website, and that such Upgrades may result in changes to the appearance and/or functionality of Website. You may be required to install certain Upgrades or updates to the software in order to continue to access or use the Website, or portions thereof. “Upgrades” means new versions of, and updates to, the Website whether for the purpose of fixing an error, bug or other issue in the Website or enhancing the functionality of the Website.
FEEDBACK
  • As a participant in the Website, You agree to use careful, prudent, and good judgment when leaving feedback for other Users of the Website. In the event the feedback violates these Terms, is inappropriate or violates propriety or privacy of another User, the Company, in its sole discretion, may take any of the following actions: (i) delete Your feedback or any of Your postings; (ii) limit Your Account privileges; (iii) suspend Your Account; and (iv) report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at the Company’s discretion, the Company will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Website.
  • Reporting inappropriate use of feedback : You may contact the Company regarding any inappropriate use of feedback via-email at [●];
  • The Company does not and cannot review every posting made on the Website. These Terms do not require the Company to monitor, police or remove any postings or other information submitted by You or any other user and the Company shall not be responsible for any ensuing liability.
INTELLECTUAL PROPERTY RIGHTS
  • All intellectual property rights (including all copyright, patents, trademarks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements) whether registered or unregistered) in the Website and Services, information content on the Website or accessed as part of the Services, any database operated by Us and all the Website design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain Our property (or that of Our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property.
  • None of the material listed in the Website or Services provided, may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without Our prior express written permission. You may, however, retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for Your own personal, non-commercial use, provided You keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy, distribute or use for commercial purposes any of the materials or content on the Website without Our permission.
  • All rights (including goodwill and, where relevant, trademarks) in the Zibonga Joys Pvt Ltd name are owned by Us (or our licensors). Other products and names mentioned on the Website are the trademarks or registered trademarks of their respective owners.
  • Any material You transmit or post or submit to the Website (or otherwise to Us) shall be considered (and We may treat it as) non-confidential and non-proprietary, subject to Our obligations under the Privacy Policy. In respect of any content or material You supply to Us from whatever source (i.e. via e-mail, the Website or otherwise) You grant Us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such content or material.
  • All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to Us by You; or (ii) in response to solicitations by Us regarding the Service or the Website; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain Our property and You hereby assign by way of present and future assignment all intellectual property rights in Ideas, to Us. In any event, any Ideas are not submitted in confidence and We assume no obligation, express or implied by considering it. Without limitation, We shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
INDEMNIFICATION

By accepting these Terms, using the Website and/or availing the Services, You agree that You shall defend, indemnify and hold the Company, its directors, employees, shareholders, officers and other representatives harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (i) Misuse of Your access to and use of the Website and/or the Service; (ii) any loss or injury to the Company’s representatives, resulting from or attributable to Your acts or omissions; (iii) Your violation or breach of these Terms or any applicable law or regulation; (iv) Your violation of any rights of any third party; or (vi) any and all third-party claims based upon (A) the content of any communications transmitted by You; and/or (B) transactions undertaken by You.

DISCLAIMER OF WARRANTIES
  • The Company hereby explicitly and specifically disclaims any and all representations, warranties or guarantees in respect of the Website and/or the Services, whether written, oral, expressed or implied including, without limiting the generality of the foregoing, any warranty of merchantability, quality or fitness for a particular purpose.
  • The Website is provided strictly on an "as is" basis. Notwithstanding anything contained in these Terms, the Company does not warrant that any Website: (i) will perform error-free or uninterrupted, or that the Company will correct all or any errors or defects (ii) will operate in combination with the Devices, or with any other hardware, software, systems or data not provided by the Company, (iii) will meet the User’s requirements, specifications or expectations or that the Services will be available at any particular time or location, uninterrupted or secure.
  • Zibonga reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and/ or the Services (or any part thereof) with or without notice and in its sole discretion. You agree that Zibonga shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Website or the Services.
  • Zibonga is an aggregator/ service provider connecting the Users and the Gift Partners and is not the seller or re-seller of any such goods and services provided by the Gift Partner.
  • Force Majeure: Zibonga shall not be liable to You for any delay or failure in performance of the Services arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war or acts of regulatory or governmental agencies.
  • Advertising Material : Part of the Website or the Services may contain advertising information, third party links or promotion material or other material submitted to the Company by third parties. Responsibility for ensuring that material submitted for inclusion on the Website complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of advertisers including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser/third party. Before relying on any advertising or third party material, You should independently verify its relevance for Your purpose, and should obtain appropriate professional advice. The Company shall not be responsible nor liable for any loss or claim that You may have against an advertiser/third party or any consequential damages arising on account of Your relying on the contents of the advertisement.
  • The User acknowledges that the Company does not control the transfer of data over the communications facilities, including the internet, and that any Website may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. The Company shall not be responsible for any (i) delays, delivery failures, or other damages as a result; (ii) issues related to the performance, operation or security of any Website that arise from the User’s content or third party content.
  • The Company does not make any representation or warranty regarding the reliability, accuracy, completeness, correctness, or usefulness of third party content, and disclaims all liabilities arising from or related to third party content.
LIMITATION OF LIABILITY

In no event shall Zibonga or anyone else involved in administering, distributing or providing the Website and/or Services be liable for any direct, special, exemplary, consequential, incidental, punitive or indirect damages including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that results from the use of, or inability to use the Website and/or Services. Zibonga or anyone else involved in administering, distributing or providing the Website and/or Services further explicitly disclaim any and all liability for any the following:

  • errors, mistakes or inaccuracies of the content displayed on the Website;
  • personal injury of any nature whatsoever, resulting from Our Services;
  • the acts or omissions of Our representatives performing Services on Our behalf;
  • any failure or delay in the Services;
  • any loss or damage arising out of Your failure to adhere to Your obligations under the Terms.
  • user content or the defamatory, offensive, or illegal conduct of any third party;
  • viruses, computer viruses or other harmful, disabling computer code, computer instructions, circuitry or other technological means whose purpose is to disrupt, damage or interfere with any computer and communications facilities or equipment ("Harmful Code") that may be transferred to Your Devices when accessing the Website. By way of clarification, Harmful Code shall include, without limitation, any code containing viruses, trojan horses, worms or like destructive code or a code that was intentionally written to self-replicate. You are advised to obtain and use appropriate anti-virus and security software and to take all other appropriate measures to safeguard the integrity of Your Devices.

Responsibility for the decisions You make regarding availing the Gift Partner’s goods or services connected through the Website (with all its implications) rests solely with the Customer. We will not assess the suitability, legality or ability of any Gift Partner and Customer expressly waives and releases Zibonga from any and all any liability, claims and/or damages arising from or in any way related to the Gift Partner. Zibonga will not be a party to disputes, negotiations of disputes including but not limited to payments between the Customer and any Gift Partner.

Notwithstanding anything contained in these Terms, in no event shall Zibonga or anyone else involved in administering, distributing or providing the Website and/or Services be liable to You for any claims, proceedings, liabilities, obligations, damages, losses or costs for an amount exceeding INR 100 (Indian Rupees One Hundred only).

TERMINATION
  • These Terms will continue to apply until terminated by either You or Us as set forth below.
  • Termination by You : If You wish not to be bound by these Terms, You may terminate Your relationship with Us by (i) not accessing the Website; and/or (ii) deleting Your Accounts (if any).
  • Termination by Us : Zibonga may at its discretion and at any time with or without notice, terminate or suspend the Terms, with or without cause if:
    • You breach any of the provisions of the Terms, the Privacy Policy, the Cancelation Policy or any other terms, conditions, or policies that may be applicable to You;
    • Zibonga is required to do so in accordance with law; or
    • Zibonga has elected to discontinue, with or without reason, access to the Website and/ or the Services (or any part thereof) either in general or specifically to You.
  • Zibonga shall not be liable to You or any third party for any such termination.
  • Consequences of Termination :
    • Once Your Account has been terminated, any and all content will be irretrievably deleted by Us, except to the extent that We are obliged to maintain or permitted to retain in accordance with law;
    • All reward points (if any), offers and discounts accrued to Your Account shall automatically terminate;
    • The licenses granted to You in terms of these Terms shall stand terminated effective immediately;
    • The Company, in its sole discretion, may initiate appropriate legal proceedings against You, if necessary;
    • Termination shall not affect Your liability or obligations arising prior to such termination and any and all amounts and charges payable by You (if any) pursuant to access or use of the Website and/or Services shall become immediately due and payable.
GENERAL
  • To the extent that anything in or associated with the Website and/or Services is in conflict or inconsistent with these Terms, these Terms shall take precedence and prevail. Our failure to enforce any provision of these Terms shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under these Terms shall survive any discontinuance of the access or use of the Website;
  • These Terms together with the Privacy Policy and Cancellation Policy published by Zibonga on the Website, shall constitute the entire agreement between You and Zibonga concerning the Website;
  • If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law;
  • None of the provisions of the Terms shall be deemed to constitute a partnership or agency between You and the Company and You shall have no authority to bind the Company in any manner, whatsoever. These Terms are solely for Your and the Company’s benefit and not for the benefit of any other person, except for permitted successors and assigns under these Terms;
  • You may not transfer to anyone else, either temporarily or permanently, any rights to use the Website or any part of the Website. Any attempt by You to do so is void. The Company may assign, transfer, delegate and/or grant all or any part of its rights, privileges and properties hereunder to any person or entity.
DISPUTE RESOLUTION AND GOVERNING LAW
  • If there is a concern in respect of these Terms or the Services provided by the Company, You are requested to email Us details of the same at [●]. Any concern shall be sought to be addressed by the Company and in the event of any dispute, You and the Company shall endeavor to amicably resolve the dispute.
  • These Terms shall be governed and construed under the laws of India and the courts of Chennai, Tamil Nadu shall have exclusive jurisdiction.
Copyright Notice
© Zibonga Joys Private Limited 2016. All Rights reserved.
This disclaimer/terms of use notification is subject to change without notice.