Effective Date (Last Updated): 18th Dec 2023
Welcome to Zoozle’s ZEN Club Membership Agreement and Terms and Conditions
Please read the following terms and conditions carefully before joining Zoozle’s ZEN Club Membership, procuring the Services (as defined below) based on the tier of subscription and accessed using the marketing and facilitation of purchase and sale of the Listed Products (as defined below) on the website located at www.zoozle.in or the Zoozle mobile application (hereinafter collectively referred to as
"Zoozle Platform") run by Zoozle Tech Private Limited, a company, incorporated and registered under the Companies Act, 2013, having its registered office at No. 30/1, 4th Floor, Leemans Complex, Cunningham Road, Bangalore, Karnataka, India (hereinafter, referred to as "Zoozle" and for all purposes, the personal pronouns like "we," "us," "our" and likewise, wherever referred to in the context of "Zoozle be used), on any device, through the personalized Zoozle Platform link (as detailed below) provided to you as a member of Zoozle’s ZEN Club Membership (herein after such members referred collectively as the "ZEN Club Members" and individually, as "ZEN Club Member" and for all purposes, the personal pronouns like "You", "Your" and likewise synonyms, wherever referred to in context of "ZEN Club Member" be used).
The Zoozle Platform is an online platform through which the Sellers, may upload products that will be listed on the Zoozle Platform. Further, You can explore and may learn about and purchase such Listed Products and have the opportunity to resell the Listed Products, allowing Your Buyer to discover , connect with and make purchases of Listed Products from You, through the ZEN Club Member Store (as defined below). You understand and agree that Zoozle is not a party to any agreements entered into between You and the Buyer, nor is Zoozle a provider of any goods and/or products and/or services, an agent, or insurer. Zoozle cannot and has no control over the content contained in any Listed Products and the condition, legality, or suitability of any Products and the conduct of ZEN Club Member, Seller and/or Buyer.
By continuing to access the ZEN Club Member Store and facilitating the purchase and sale of the Listed Products to the Buyer, You expressly agree to comply with and be legally bound by these Terms. These Terms govern Your access to and use of the ZEN Club Member Store and constitute a binding legal agreement between You and Zoozle. Please also read carefully our "Privacy Policy" on our website. Further, if You do not agree to these Terms, You have no right to continue as a ZEN Club Member, obtain information from, or otherwise continue accessing the ZEN Club Member Store through the ZEN Club Member Link and/or sharing the ZEN Club Member Store link for a specific Listed Products or the link for the whole ZEN Club Member Store, i.e., ZEN Club Member Link, and/or using the ZEN Club
Member Store to facilitate the purchase and sale of the Listed Products. Failure to access and/or utilize the Zoozle Platform in accordance with these Terms may expose You to legal repercussions and penalties.
These Terms constitute an electronic record within the meaning of the Applicable Law. This electronic record is generated by a computer/laptop/tablet/mobile or any similar communication device and does not require any physical or digital signatures.
Clauses in this Terms are inserted for convenience only and shall not be used in its interpretation unless inserted for specific meaning/s. In these Terms, unless the context clearly indicates a contrary intention, a word or an expression which denotes a natural person shall include an artificial person (and vice versa), any one gender shall include the other genders, the singular shall include the plural (and vice versa) and the following words and expressions shall bear the meanings assigned to them below (and cognate words and expressions shall bear corresponding meanings):
"Applicable Law" means any Indian statute, law, ordinance, regulation, rule, order, bye law, administrative interpretation, writ, injunction, directive, judgment or decree or other instrument which is for the time being in force in India.
"Content" means text, graphics, images, audio, video, software (excluding the Platform), information or other materials of promotion of the Listed Products
s displayed by Seller for sale, on the Zoozle Platform as well as the ZEN Club Member Store, application, and Services, as well as content that Zoozle makes available through the Zoozle Platform and Services, including any Content licensed from a third party.
"Intellectual Property Rights"means trade name, trademark, logo, copyright, service mark used by Zoozle in relation to its business and any other form of intellectual property.
"Listed Products" means an offer to facilitate the sale of and deliver products that are posted by Sellers on the Zoozle Platform and has been made available for purchase on the Zen Club Member Store.
"Successful Transaction" shall have the meaning as ascribed to it in Clause 6.3.
"Terms" means the entirety of this ‘Terms and Conditions’.
"Tier" means the various tiers implemented in this ZEN Club Membership programme, for subscription by the ZEN Club Members, subject to payment of Tier Subscription Fee.
"Tier Subscription Fee" means the non-refundable subscription fee payable by You for the relevant tier in the ZEN Club Member programme to which You are subscribing as a Zen Club Member.
"Zoozle Trademarks" shall mean trademarks registered under Zoozle’s name.
Certain areas of the Zoozle Platform (and Your access to or use of certain aspects of the Services or Content) may have different terms and conditions posted or may require You to agree with and accept additional terms and conditions.
The Zoozle Platform acts as a match-making platform for You exclusively in marketing and facilitating the buy/sale or supply of Listed Products on the Zen Club Member Store. Unless explicitly specified otherwise in the Zoozle Platform or ZEN Club Member Store, Zoozle's responsibilities are limited to: (i) facilitating the availability of the Zoozle Platform or ZEN Club Member Store; and (ii) serving as Your limited payment collection agent for the purpose of accepting payments from Buyer on the Seller’s behalf, and to provide You with the necessary commission/cashback, as the case may be. (as detailed under these Terms).
A Person to subscribe as a ZEN Club Member on the Zoozle Platform shall be: (a) a natural person, of 18 (eighteen) years of age or above; (b) bank account holder.
You represent and warrant that You are competent to form a binding contract and meet all the other eligibility requirements to enter into a valid contract. If You suspect that a Seller or other member of Zoozle’s ZEN Club Membership network is under the age of 18 (Eighteen) complete years, please use the reporting mechanism available through the Zoozle Platform.
You will have to submit the following information/documents: (i) copy of PAN card, phone number and bank account details as a part of our KYC process. Once the KYC process is verified and complete, Zoozle will initiate the onboarding process to induct You as a ZEN Club Member.
You may also join our membership and become a ZEN Club Member, through our tier wise subscription model, by doing the following:
Completing the onboarding process;
Accessing the white labelled platform operated and powered by Zoozle;
Completing the online educational training program designed for You;
Subscribing to our Services (as described in Schedule I, which is subject to certain modifications at any time at Zoozle’s discretion) and selecting the desired Tier on the Zoozle Platform; and
Making payment of the recurring relevant Tier Subscription Fee on the prescribed timely basis.
Your onboarding as a ZEN Club Member, through the subscription model, shall enable You to get cashback on the purchase of the Listed Products and/or commission for facilitation of the sale of the purchase Listed Products, as the case may be, to set up ZEN Club Member Store subject to availability and other additional benefits that could be added to the above at any time.
Where You have successfully, through the subscription model, become a Zen Club Member, You will be provided with the available alpha-numeric sub-domain to set up Your personalized store on the Zoozle Platform (" Zen Club Member Store"), provided availability of the name of Your choice cannot be assured and may rely on the subscription model under which Your onboarding will take place. Further, You shall be provided with personalized website link for accessing the Zen Club Member Store (such link hereinafter referred to as "Zen Club Member URL"). Once we have approved the name of the Zen Club Member Store, You may start sharing the Zen Club Member URL with any third party (including a third party platform) through which such third party could access Your Zen Club Member Store through the Zen Club Member URL and purchase the Listed Products. Alternatively, You could also share a link of the specific Listed Products in Your Zen Club Member Store, which may be used by a potential Buyer to access the Zen Club Member Store using such link and directly purchasing the relevant Listed Products.
Your continued presence as a ZEN Club Member, and accessibility to the ZEN Club Member Store through the ZEN Club Member URL, shall only continue subject to Your continued payments of the relevant Tier Subscription Fee.
You agree and acknowledge that Zoozle is not providing the Services under any guarantee of growth or returns and You accept that it shall be Your responsibility to procure the Services in a responsible and proper manner.
Notwithstanding anything contained in the Terms, Zoozle shall have the right to modify Schedule I including (without limitation) the Services available for each tier and payments in respect of each tier. In such an event, You will be notified of such modification and You may choose to end the subscription of the relevant Tier by clicking on the unsubscribe option. Your continued subscription of the Services shall denote Your acceptance of the amendment of the Schedule I.
As a ZEN Club Member, You shall have the right to market Yourself as well as the ZEN Club Member Store on any other platform or by any available offline option. You may buy the products listed on Your ZEN Club Application and avail the mentioned cashback, provided that there is no claim for return or replacement of the Listed Products purchased. You may use the ZEN Club Member URL for providing access to interested users to the ZEN Club Member Store or the specific link to the location of a Listed Products on the Zen Club Member Store, as the case may be.
Where any Buyers have accessed the ZEN Club Member Store through the ZEN Club Member URL, if such Buyer successfully completes the purchase of a Listed Products from the Zen Club Member Store, subject to the non-occurrence of events set out under Clause 5.3 below, You shall be eligible to receive commission on such sold Listed Products.
It is hereby clarified that in the event that a Buyer has purchased a Listed Products through the ZEN Club Member Store, but the Seller is unable to supply the Listed Products or the Listed Products cannot be delivered to the Buyer due to an error by the logistics partner, no payments shall be owed to You as commission. In addition, no payments shall be owed to You in
commission in case of return of a purchased Listed Products by a Buyer, where a refund was made by Zoozle for such Listed Products.
It is hereby further clarified that in the event of Your purchase of Listed Products through the ZEN Club Member Store, but the Seller is unable to supply the Listed Products or the Listed Products cannot be delivered to You due to an error by logistics partner, no payments shall be owed to You as cashback. In addition, no payments shall be owed to You in cashback in case of return of a Listed Products purchased by You, where a refund was made by Zoozle for such Listed Products.
Notwithstanding anything contained hereunder, the ZEN Club Member acknowledges and accepts that there is no guarantee of savings/earnings or permanent living by becoming a ZEN Club Member. You acknowledge that this is more for the purpose of additional savings, learning and experience in marketing of products.
Zoozle may provide the following services to You for the facilitation of sale of Listed Products ("Services"). You hereby authorize Zoozle to place a rating for each Listed Products purchased through the Zoozle Platform.
It is hereby clarified that all obligations that arise post placing of the order for the Listed Products on the ZEN Club Member Store including (without limitation) quality, quantity, packaging, shipping, delivery, warehousing and any return related requirements shall be on the relevant Seller and shall be subject to the Seller Terms and Conditions, as may be accessible on Zoozle website.
It is further clarified that a purchase/sale transaction shall only be deemed to be completed or successful where the Buyer has taken delivery of the Product and has not initiated any return or refund process for the Listed Products purchased within 7 days. If such request for return and refund has been initiated by the Buyer before the expiry of 7 days from the date of delivery of the Listed Products to the Buyer, the sale transaction shall be deemed to have failed or unsuccessful ("Successful Transaction").
Settlement: You agree that all the payment settlements in relation to the commission shall be done once on 15th of each month for all Successful Transaction done in the 1st to 30th of the previous month .In the event that the 7 days period specified in Clause 6.3 above, extends beyond the last day of the preceding month, the payment settlement, for commission, for the said preceding month shall be disbursed in the subsequent month following the then current month.
Illustration: In the event that the delivery of the Listed Products takes place on 23rd January, followed by a 7 days return/replacement period i.e. 30th January (given that the return/ replacement option has not been exercised by You), the payment settlement for the commission will be made to You on 15th February. However, if the Listed Products is delivered to you on 25th
January, followed by a 7 days return/replacement period i.e. 01 February (given that the return/ replacement option has not been exercised by You), the payment settlement for the commission will be made to You on 15th March.
Further, You agree that the payment settlement in relation to the cashback transaction shall be done on every 10th working day from the date of delivery of the Listed Products for all Successful Transaction.
Please note that Zoozle assumes no responsibility for Your compliance with any agreements with or duties to third parties, Applicable Laws, rules, and regulations. Zoozle reserves the right, at any time and without prior notice, to remove or disable access to any Listed Products for any reason, including Listed Products that Zoozle, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Zoozle Platform.
Please note that membership with Zoozle does not confer the entitlement to request specific products and Services on demand. However, upon adding items to Your wishlist, Zoozle will endeavor to establish connections with relevant sellers and explore the possibility of making those products available to You.
You agree to the following obligations:
You shall be liable to obtain necessary tax registrations as well as to pay all Your required taxes on time as per the Applicable Law.
You shall in all correspondence and other dealings relating directly or indirectly to the licensing of or other transaction relating to the Listed Products (if any), clearly indicating that it is acting as a facilitator of sale and not as author and developer of any of such Listed Products.
You shall use Your best endeavors to promote and extend the market for the Listed Products and work diligently to facilitate the sale of the Listed Products.
You shall at Your own expense provide advertising, publicity, promotion, and marketing for the ZEN Club Member Store.
You shall not translate, adapt, vary, modify, disassemble, decompile, or reverse engineer any of the Listed Products, ZEN Club Member Store or Zoozle Platform.
You shall not modify, amend, add to or in any way alter any of the Listed Products., Zen Club Member Store or the Zoozle Platform.
You shall not modify or misrepresent the details of a Listed Products to any potential or interested Buyer to help facilitate the sale of such Listed Products.
Zoozle does not endorse any ZEN Club Member. You are required by these Terms to provide accurate information, and although Zoozle may undertake additional checks and processes designed to help verify or check the identities or backgrounds of Zen Club Members, we do not make any representations about, confirm, or endorse any ZEN Club Member or a ZEN Club Member's purported identity or background.
Zoozle reserves the right to suspend or discontinue the availability of the Services available to You, any service or remove any Content at any time at its sole discretion without prior notice, including Your access to the ZEN Club Member URL or ZEN Club Member Store. Zoozle may also impose limits on certain features and Services or restrict access to parts of or all of the Services available on the ZEN Club Member Store without prior notice or liability. The Zoozle Platform shall not be used or relied upon for storage of Your content.
editorial purposes. (Save and except to enter into any competitions for any financial or other gains in whatsoever manner).
In consideration of the provision of Services and the marketing and facilitation of sale of the Listed Products, the charges payable to You as well as Zoozle shall be determined in accordance with the margin and other commercials set out under Schedule I to these Terms.
You hereby agree that without the express written consent of Zoozle and/or its principals & affiliates, and/or the owner of the content and/or the appropriate third party, as may be applicable:
Not to use any robot, spider, scraper, data mining and/or similar data gathering and extraction tools or other automated means to access the Zoozle Platform or Zen Club Member Store for any other purpose;
Not to take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
Not to interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any Computer/Laptop/Tablet/Mobile or any similar communication device, software system or network connected to or used (by the Seller or us) in relation to the Zoozle Platform or Zen Club Member Store, or assist any other person to do any of these things;
Not to interfere or attempt to interfere with the proper working and/or any activities conducted on the Zoozle Platform or Zen Club Member Store or tools;
Not to bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Zoozle Platform or the Zen Club Member Store.
Not to commercially use or exploit this Zen Club Member Store, Zoozle Platform or its contents or any collection and use any product and/or service listings, descriptions, or prices, any derivative use of this Zen Club Member Store, Zoozle Platform or its contents and any downloading or copying of account information for the benefit of another Zen Club Member.
Not to download (other than page caching); reproduce, duplicate, copy, adapt, modify, create derivative works from, watermark, sell, resale, license, trade, visit, distribute, publicly display any content (except for Your information) publicly perform, transmit, broadcast or otherwise exploit for any commercial purpose; in part or full or any portion thereof. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Zoozle or its licensors, except for the licenses and rights expressly granted in these Terms.
Not to frame or use framing techniques to enclose any trademark, logo, watermarks or other proprietary information (including images, text, page layout, or form).
Not use any meta tags or any other "hidden text" utilising Zoozle's or its principals & affiliates' names or trademarks.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Zoozle as long as the link does not portray Zoozle, their principals & affiliates, or their Services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Zoozle logo or other proprietary graphic or trademark as part of the link without the express written consent of Zoozle and/or its principals & affiliates, as may be applicable.
You acknowledge that Zoozle may establish general practices and limits concerning the use of the Services, including, without limitation, the maximum period of time the data or any other content will be retained by the service and the maximum storage space that will be allotted on our servers on Your behalf. You agree that Zoozle has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by him/her. You acknowledge that Zoozle reserves the right to terminate accounts that are inactive for an extended period of time, as may be determined by Zoozle from time to time. You further acknowledge that Zoozle reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. Any unauthorised use will terminate the permission or license to the Zen Club Member, to access this Zoozle Platform, granted by Zoozle and / or its principals & affiliates, as applicable.
You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, tax obligations that may apply to Your use of the ZEN Club Member Store, Zoozle Platform and content (photographs, audio, video, code, information, data, text, music, sound, graphics, messages or other materials included as your Content, that you submit, post, publish or display) anywhere on the Zen Club Member Store or Zoozle Platform.
You must not use the ZEN Club Member Store or Zoozle Platform in any way that causes, or is likely to cause, the ZEN Club Member Store or Zoozle Platform or access to it to be interrupted, overburdened, damaged, or impaired in any way. You understand that You, and not Zoozle, is responsible for all electronic communications and content sent from Your Computer / Laptop /
Tablet / Mobile or any similar communication device to us and You are permitted to use the Zen Club Member Store or Zoozle Platform for lawful purposes only. Zoozle reserves the right to investigate any content and take appropriate legal action against anyone who, in Zoozle’s sole discretion, violates this provision, including without limitation, removing the content from the Zen Club Member Store or Zoozle Platform, suspending or terminating the account of such violators and reporting the members to the law enforcement authorities.
You acknowledge and undertake that, so long as You are a Zen Club Member, You shall not use the Zen Club Member Store or Zoozle Platform for any of the following:
To register for more than one Zoozle Account or register for a Zoozle Account on behalf of an individual other than Yourself;
To recruit or otherwise solicit any member, employee, consultant or any other person professionally associated with Zoozle to join third-party Services or Sites that are competitive to Zoozle, without Zoozle's prior written approval.
To interfere with, disrupt and/or damage the Zen Club Member Store or Zoozle Platform or servers or networks connected to the Zen Club Member Store or Zoozle Platform, or disobey any requirements, procedures, policies, or regulations of networks connected to the Zen Club Member Store or Zoozle Platform.
To access, tamper with, or use non-public areas of the Zoozle Platform, Zoozle's computer systems, or the technical delivery systems of Zoozle's providers.
To attempt to probe, scan, or test the vulnerability of any Zoozle system or network or breach any security or authentication measures.
To use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Zen Club Member Store or Zoozle Platform or Content.
To avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Zoozle or any of Zoozle's providers or any other third party (including another Seller) to protect the Zen Club Member Store or Zoozle Platform or Content.
To forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Zen Club Member Store or Zoozle Platform or Content to send altered deceptive or false source-identifying information.
To systematically retrieve data or other content from our Zen Club Member Store or Zoozle Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise.
To attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Zen Club Member Store or Zoozle Platform or to advocate, encourage, or assist any third party in doing any of the foregoing.
If it contains, without limitation, any software viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology or any other files or programs designed to interrupt, destroy or limit the functionality of any communication device software or hardware or telecommunications equipment.
To use, access, or attempt to access our Zen Club Member Store or Zoozle Platform to: use, expose, or allow to be used or exposed, any Zoozle Content: (i) that is not publicly displayed
by Zoozle in its search results pages or Listed Products pages before a booking is confirmed;
(ii) in any way that is inconsistent with the Zoozle Privacy Policy or these Terms;
To upload, post, publish, submit, or transmit any content under any law or under contractual or fiduciary relationships that (i) infringes, misappropriates, or violate any persons’ or entity or a third party's patent, copyright, trademark, trade secret, moral rights, intellectual property rights, rights of publicity, privacy rights and contractual rights. (ii) If it is objectionable, illegal, unlawful, harmful, threatening, harassing, defamatory, tortious, excessively violent, vulgar, obscene, pornographic, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is fraudulent, false, misleading or deceptive; (v) violates, or encourages any conduct that would violate, any Applicable Law or regulation or would promote any harmful and/or criminal activity or give rise to civil liability; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances; (viii) If it causes annoyance, inconvenience or needless anxiety and poses or creates a privacy or security risk to any person or is otherwise injurious to third parties; (ix) Relates to or promotes money laundering or gambling; (x) Harmful to minors in any way; (xi) Threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; political campaigning and likewise.
If it is ethically objectionable, disparaging or in breach of copyright, trademark,
confidentiality, invasive of another’s privacy of any/all other proprietary information or right;
To impersonate any person or entity, or falsely state or otherwise misrepresent yourself or Your affiliation with a person or entity; to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
To harvest, gather or collect email addresses or other contact information of Buyer’s or third-parties from the Zen Club Member Store or Zoozle Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications.
To "stalk" or "harass" any other Buyers of our Zoozle Platform or Zen Club Member content, or collect or store any personally identifiable information about Buyers.
To find a Zen Club Member or Seller or Buyer and then complete a sale of Products independent of the Zen Club Member Store, in order to circumvent the obligation to pay any Fees related to Zoozle's provision of the facilitation of sale of Products or for any other reasons.
In the sole judgment of Zoozle, is objectionable or which restricts or inhibits any other person from using or enjoying the service, or which may expose Zoozle or its members to any harm or liability of any type.
Zoozle has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Zoozle may access, preserve and disclose any of Your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Zoozle or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements, such as these, (iii) for fraud prevention, risk assessment, investigation, Buyer support, product development and de-bugging
purposes, or (iv) protect the rights, property or safety of Zoozle, its members, or members of the public.
You acknowledge that Zoozle has no obligation to monitor Your access to or use of the Zen Club Member Store or Content, but has the right to do so for the purpose of operating and improving the Zen Club Member Store (including without limitation for fraud prevention, risk assessment, investigation and member support purposes), to ensure Your compliance with these Terms, to comply with Applicable Law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Zoozle reserves the right, at any time and without prior notice, to remove or disable access to any content that Zoozle, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Zen Club Member Store.
You may market the Zen Club Member Store or Listed Products on any medium of Your preference including (without limitation) Your own website, provided all the information in such marketing exercise or advertisement shall be true. You hereby undertake to fully indemnify Zoozle for any damage it may incur (including reputational damage) directly or indirectly due to Your contravention of the requirement in the preceding sentence.
As Zoozle lists many Listed Products for sale offered by Sellers on the Zoozle Platform their respective personalized electronic sub-domains and hosts hundreds and thousands of comments, it is not possible for us to be aware of the contents of each service listed for offer on sale, or each comment or review that is displayed. Accordingly, Zoozle operates on a "notice and takedown" basis.
If we believe that any content on the Zen Club Member Store is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, ("Objectionable Content"), Zoozle reserves the exclusive rights and authority to check, investigate and remove, if found necessary, such Objectionable Content immediately without any prior notice.
If You believe a member is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) suspect of stealing from You, or (iii) engages in any other disturbing conduct, You should immediately report to Zoozle by contacting us.
You agree and acknowledge that: (i) Zoozle provides and facilitates payment processing services,
(ii) Zoozle is not a broker, agent, or insurer (iii) Zoozle doesn’t guarantee the quality, delivery and authenticity of the Listed Products sold on the ZEN Club Member Store. Zoozle does not make any guarantee on behalf of the Sellers or Zen Club Members onboarded by Zoozle. Any purchase of Listed Products by the Buyer shall be at their own risk.
At Zoozle, we strive to curate high-quality products offered at the most competitive prices for our members in India. While we cannot guarantee the lowest prices consistently, Your understanding as a member is valued. Your agreement acknowledges that Zoozle is committed towards providing You with favorable prices whenever feasible.
Further, upon becoming a ZEN Club member at Zoozle, subject to a Tier Subscription Fees as set out in Schedule 1 (Zoozle Platform Charges), it is important to note that the Zen Club Membership does not establish a guarantee for the continuous availability of all categories and Listed Products.
Zoozle collaborates with sellers across diverse categories, and the details regarding the Listed Products on our platform are contingent upon the commitments given by the respective sellers. In the event of Seller default, Zoozle may be unable to provide assistance. It remains the Seller’s responsibility to deliver genuine and high-quality products. Zen Club Members are advised to verify the authenticity of the Seller before making a purchase.
It is explicitly acknowledged that the potential savings of up to 15% to 18% on a monthly basis are illustrative and not guaranteed.
Without limiting the foregoing, Zoozle explicitly disclaims all warranties or representations whether expressed, implied, or statutory, including but not limited to the implied warranties of merchantability, quality, suitability, accuracy, reliability, completeness, timeliness, truthfulness, performance, safety, fitness for a particular purpose, title and non-infringement, quiet enjoyment, and any warranties arising out of course of dealing or usage of trade or legality of the Zoozle Platform listed or displayed or transacted or the content (including service or pricing information and/or specifications) on the Zoozle Platform.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties involved. Notwithstanding the foregoing, the parties agree that the payment gateway companies are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.
We may, at our discretion and without liability to You, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel Your Zoozle Account.
If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to You: (a) Your Zoozle Account will be deactivated or suspended, Your password will be disabled, and You will not be able to access the Zen Club Member Store, Your Zoozle Account, Your content, or receive assistance from Zoozle, (b) any pending or confirmed future sales as a Zen Club Member will be immediately terminated, (c) we may communicate to the Buyer that a potential, requested or confirmed sale has been cancelled,
(d) we may refund the Buyer, in part or full, for any and all confirmed reservations, irrespective of pre-existing cancellation policies, (e) we may contact the Buyer to inform them about potential alternate Products with other Sellers/Zen Club Members that may be available on the Zoozle Platform, and (f) You will not be entitled to any compensation for reservations or sales (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of Your Zoozle Account. You may cancel Your Zoozle Account at any time by sending us an email. Please note that if Your Zoozle Account is cancelled, we do not have an obligation to delete or return to You any content You have posted to the Zoozle Platform, including, but not limited to, any reviews or Feedback.
In case Zoozle is in the knowledge and determines that You are involved in providing any service to a Buyer, identified by Zoozle, separately and/or discreetly from the Zen Club Member Store, it will result in removal of Your profile and content from our Zoozle Platform.
In the event that You do not fulfil Your commitment or obligations as set forth in these Terms or any facilitation of sale made through the Zen Club Member Store, Zoozle may at its sole discretion remove Your profile from the Zoozle Platform, remove Your access to the Zoozle Platform and withhold any payments due to You until a proper investigation into the reasons of such instance is undertaken and completed by us.
Zoozle respects copyright law and expects its members to do the same. It is Zoozle's policy to terminate in appropriate circumstances Your Zoozle account if You have or are believed to be repeatedly infringing the rights of copyright holders.
In case You are in violation of these Terms, Zoozle shall be entitled to ban You permanently from the Zoozle Platform and permanently remove Your access to the Zen Club Member Store. You acknowledge and agree that Zoozle further shall be entitled to seek further damages from You which shall be 10 times the value of the Listed Products or INR 1,00,000/- (Indian Rupees One Lakh Only), whichever is higher.
IN NO EVENT SHALL ZOOZLE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, LOSS OF INCOME OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THE TERMS, EVEN IF ZOOZLE HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING CONTAINED IN THESE TERMS, BOTH THE ZEN CLUB MEMBER AND ZOOZLE SHALL NOT BE LIABLE FOR THE LISTED PRODUCTS SOLD THROUGH THE ZEN CLUB MEMBER STORE OR WHERE THERE HAS BEEN ACTION OF FRAUD BY THE SELLER IN THE LISTED PRODUCTS SOLD TO THE BUYER. FURTHER, ZOOZLE’S LIABILITY SHALL BE LIMITED IN THE FOLLOWING
MANNER: (A) IN CASE OF ANY DISPUTE BETWEEN THE ZEN CLUB MEMBER AND ZOOZLE, AN AMOUNT EQUAL TO THE SUBSCRIPTION FEE PAID BY THE ZEN CLUB MEMBER FOR SUBSCRIPTION TO THEIR RESPECTIVE TIER UP TILL THE INITIATION DATE OF THE DISPUTE; (B) IN CASE OF ANY ACTION BY A THIRD PARTY (INCLUDING BUYER), THE LIMITATION OF LIABILITY AS SET OUT UNDER THE
SELLER TERMS AND CONDITIONS (ACCESSIBLE AT: [https://www.zoozle.in/seller-terms-and-conditions]) SHALL APPLY IN THIS CASE.
You hereby expressly acknowledge, understand and agree to release, defend, indemnify and hold harmless, Zoozle, its principals, affiliates and subsidiaries & and their respective founders, co-founders, directors, officers, agents and employees (collectively known as "Indemnitees"), harmless from any and/or all cost, damage, liability, claims or demands, losses, (direct or indirect losses, including but not restricted to, incidental, special, consequential, exemplary damages, or damages for loss of profits, loss of goodwill, use, data or other intangible losses), expenses, including reasonable legal and accounting fees, or other consequential losses, actions against any content, arising out of or in any way connected with i) Your access to or use of the Zen Club Member Store; ii) marketing of Listed Products; iii) Your violation of these Terms or Your violation of any rights of another, or actions of any kind and injury (including death) arising out of or relating to Your use of the Zen Club Member Store; iv) The cost of procurement of substitute/alternate Listed Products resulting from any data, information or Products purchased or obtained or messages received or transactions entered into through or from the access to or use of the Zoozle Platform; vii) Unauthorized access to or alteration of or transmissions of data of any other content; viii) Statements or conduct of any third party on the Zen Club Member Store; ix) Any other matter relating to the Service, loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both, You and us when You commenced using the Zen Club Member Store or the Zoozle Platform.
You shall at no point hold Zoozle responsible for any delay or failure to comply with the obligations under these Terms if there is any delay or failure arising from any cause/reason which is beyond the reasonable control of Zoozle.
The technology and software underlying the Zen Club Member Store is the sole property of Zoozle. Additionally, the Terms found here, apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to the You from time to time for Your use of Services or any other services.
You may use the Zen Club Member Store (including any updates or upgrades to the software, website, and any related documentation) solely for purposes of enabling Your use and enjoy the Services as provided by Zoozle, and as permitted by the Terms. You will not incorporate any portion of the Zen Club Member Store or into Your own programs or compile any portion of it in combination with Your own program/s, transfer it for use with another service/s, or sell, rent, lease, lend, loan, distribute or sub-license the ‘Software’ or otherwise assign any rights to the
‘Software’ in whole or in part. You will not use the ‘Software’ for any illegal purpose. We may cease providing the Zen Club Member Store and may terminate the rights to use the Zen Club Member Store, in part or whole, at any time. Your right to use the ‘Software’ will automatically terminate without notice from us if You fail to comply with any of these Terms. All software used in any Service is the property of Zoozle and/or its principals & affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
When You use the ‘Zen Club Member Store’ or ‘Zoozle Platform’, You may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Moreover, You will be subjected to the separate and different Privacy Policies and other Policies, Terms of Use, and fees of these third parties.
You agree not to, and will not encourage, assist or authorize any other person to copy, modify, create a derivative work of, reverse engineer, reverse assemble, decompile or disassemble, or otherwise tamper with, the ‘Zen Club Member Store’ or ‘Zoozle Platform’, whether in whole or in part, or create any derivative works from or of the ‘Zen Club Member Store’ or ‘Zoozle Platform’ or attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Zen Club Member Store or Zoozle Platform. Any rights not expressly granted herein are reserved by Zoozle.
In order to keep the ‘Software’ up to date, we may offer automatic or manual updates at any time without any prior notice to You.
The failure of Zoozle to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Zoozle. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
Zen Club Member is not a representative or agent or sub-contractor of Zoozle and shall make no representation to this regard before any Person.
Zoozle shall not be liable if the Zoozle Platform and/or the Zen Club Member Store (as the case may be), is down or where Zoozle is unable to perform its obligations to You, arising out of or from any act, omission, or circumstance by or in consequence of any act of God, labor disturbance, sabotage, hacking, server breakdown, denial of server attack, act of the public enemy, war, invasion, insurrection, riot, fire, storm, flood, ice, earthquake, explosion, epidemic, pandemic or any other cause or causes beyond Zoozle’s reasonable control Zoozle shall be
excused from performance or liability for damages and shall not be the subject of any claim or action for damages attributable to its actions or omissions during such event.
Zoozle reserves the right, at its sole discretion, to make changes, amends, modifications, additions and likewise to the Zen Club Member Store, Zoozle Platform, policies and/or modify the Terms, or any policy or guidelines of Services, including the fees, at any time without prior notice. All modifications made in these Terms will be effective immediately upon posting on the
Zen Club Member Store or Zoozle Platform (as the case may be) and will replace any prior version unless prior versions are specifically referred to or incorporated into the latest modification. Upon modification, Zoozle will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. You agrees to routinely monitor the Terms to review and become familiar with such modifications. Your continued use of the Zen Club Member Store or Zoozle Platform, after such modification will be construed as a manifestation of Your assent to the amends, modifications, additions and likewise to the Terms. You will be subject to the policies and Terms in force at the time that You use the Zen Club Member Store or Zoozle Platform or order Products from the Zen Club Member Store, unless any change to those policies or these Terms is required to be made by law or government authority (in which case it will apply to orders previously placed by the Buyer). If any of these Terms is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition. If the modified Terms are not acceptable to You, Your only recourse is to cease using the Zen Club Member Store or Zoozle Platform.
In case, You breach any/all of these Terms at any given time, Zoozle reserves all rights and will always be entitled to take corrective measures and approach remedies to safeguard its interests.
Dispute Resolution & Arbitration: You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Zen Club Member Store (collectively called here as "Disputes") will be settled by (a) mutual & amicable solutions& settlements; or (b) in accordance with provisions of the Arbitration and Conciliation Act, 1996.
When the arbitrator is appointed by any court, the arbitrator may or may not consolidate more than one person's claims and may or may not otherwise preside over any form of any className or representative proceeding. However, each party retains the right to seek injunctive or other equitable relief in, to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
If this Clause on Disputes and Arbitrations is held unenforceable by any court of law or any other relevant authority, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the termination clauses herein, this section will survive any termination of these Terms.
Governing Law: The Terms are governed and construed in accordance with the laws of India. Any Arbitration Process shall be subject to the ‘Arbitration & Conciliation Act, 1996’ and if subsequently revised thereafter.
Any party who desires to initiate arbitration must provide the other party with a written demand for Arbitration as specified in the ‘Arbitration & Conciliation Act, 1996’ (Hereinafter called as "Act"). The arbitrator will be either a retired judge or an attorney licensed to practice law in the city of Bangalore/Bengaluru in the state of Karnataka (INDIA) and will be selected by the parties from the respective courts roster of consumer dispute arbitrators.
The arbitrator may give its decision within the time frame specified in the Act. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the judgment on the arbitration, and this may be filed in any court having jurisdiction thereof. The arbitrator may award declaratory or injunctive relief only in favour of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. However, both parties hereby waive all the rights it/they may have under Applicable Law to recover lawyers' fees and expenses if the arbitration judgement prevails. Both parties also agree to and shall be responsible to pay any arbitration filing, administrative and arbitrator Fees as set forth in the Act.
Notwithstanding the provisions of the "Amendment of Terms and Waivers" section above, if Zoozle changes this "Dispute Resolution" section after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), You may reject any such change by sending us written notice (including by email) within 7 (Seven) working days of the date such change became effective, as indicated in the "Last Updated Date" above or, if sent, in the date of Zoozle's email to You notifying You of such change. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Zoozle in accordance with the provisions of this "Dispute Resolution" section as of the date You first accepted these Terms (or accepted any subsequent changes to these Terms).
Jurisdiction: These Terms and Your use of the Zen Club Member Store or Zoozle Platform will be interpreted in accordance with the laws of India, without regard to any conflict-of-law provisions. Whenever the dispute, action, suit, or other legal proceedings are commenced to resolve any matters arising thereof and/or presented for arbitration in the courts, the sole & exclusive jurisdiction will be with the courts at Bangalore, (Bengaluru), Karnataka, India.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Zoozle (i) via email (in each case to the address that You provide) or (ii) by posting to the Zoozle Platform or via the application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Address: [4th Floor Leemans Complex, Cunnigham Road, Bangalore 560051]
These Terms constitute the entire and exclusive understanding and agreement between Zoozle and You regarding the Zen Club Member Store, Zoozle Platform, Services, Content, and any facilitations of purchase and sale of Listed Products made via the Zen Club Member Store, and these Terms, supersede and replace any and all prior oral or written understandings or agreements between Zoozle and You.
We welcome and encourage You to provide feedback, comments and suggestions for improvements to the Zen Club Member Store or Zoozle Platform ("Feedback").
You may submit Feedback by emailing us, through [email protected] or by other means of communication. You acknowledge and agree that all Feedback, You give us will be the sole and exclusive property of Zoozle and You hereby irrevocably assign to Zoozle and agree to irrevocably assign to Zoozle all of Your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights You may have in such Feedback. At Zoozle's request and expense, You will execute documents and take such further acts as Zoozle may reasonably request to assist Zoozle to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
TIER | DETAILS OF SERVICES | SUBSCRIPTION FEE (in INR) | COMMISSION % PERCENTAGE |
Tier 1 | Zen Club Membership (Monthy) | *Rs 99+GST per month | Upto 80% of the gross commission earned by Zoozle for the given transaction. |
Tier 2 | Zen Club Membership (Yearly) | *Rs999+GST per year | Upto 80% of the gross commission earned by Zoozle for the given transaction. |
