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Terms and Conditions

User's Acknowledgment and Acceptance of Terms (Last updated on December 12, 2016)

PLEASE READ EACH AND EVERY PROVISION OF THIS TERMS AND CONDITIONS CARFULLY:

Zambooree Infotech Pvt. Ltd. ("FunZamr","Zam", "Us" or "We") provides the FunZamr Platform www.funzamr.com, mobile application and various related services (collectively, the "FunZamr Platform") to you, the user, conditioned upon your agreement and compliance with all the terms, conditions, and notices contained or referenced in this agreement (the "Terms and Conditions of Use"), as well as any other written agreement between us and you. By browsing through the FunZamr Platform / Mobile Application the user hereby accepts the Terms and Conditions and consents their approval to the provisions of the Terms and Conditions as laid down herein below.In addition, when using particular services or materials on the FunZamr Platform, you shall also be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms and Conditions of Use. All such additional guidelines or rules are hereby incorporated by reference into these Terms and Conditions of Use.

BY MERE ACCESSING AND USING THE FUNZAMR PLATFORM, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE. IF YOU DO NOT AGREE AND DO NOT WISH TO BE BOUND BY THE THESE TERMS AND CONDITIONS OF USE, YOU HAVE NO RIGHT TO ACCESS OR USE THE FUNZAMR PLATFORM, APPLICATION, SERVICES OR FUNZAMR PLATFORM CONTENT. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS OF USE, EXIT THE FUNZAMR PLATFORM NOW. YOUR SOLE AND ONLY REMEDY FOR DISSATISFACTION WITH THE FUNZAMR PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE FUNZAMR PLATFORM, IS TO STOP USING THE FUNZAMR PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS AND CONDITIONS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE FUNZAMR PLATFORM.

We expressly reserve the right to modify, discontinue or terminate the FunZamr Platform, Application or Services or to change these Terms and Conditions of Use at any time and without serving any notice to you. You acknowledge and agree that it is your responsibility to review the FunZamr Platform and these Terms and Conditions of Use from time to time and to familiarize yourself with any modifications. If we modify these Terms and Conditions of Use, we will post the modification on the FunZamr Platform. We will also update the "Last Updated Date" at the top of these Terms and Conditions of Use. Your continued access to, or use of the FunZamr Platform after we have posted a modification will constitute acknowledgement of the modified Terms and Conditions of Use and agreement to abide by and be bound by the modified Terms and Conditions of Use. If the modified Terms and Conditions of Use are not acceptable to you, your only recourse is to cease using the FunZamr Platform, Applications and the Services.

As used in these Terms and Conditions of Use, references to our "Affiliates" include our promoters, subsidiaries, affiliated companies, officers, directors, suppliers, partners, investors, sponsors, and advertisers.

Description of Services

We make various services available on and through the FunZamr Platform including, but not limited to, personalized recommendations and style advice for women's clothing and accessories, along with other services and features we deem relevant. You are responsible for providing, at your own expense, all equipment and resources necessary to use the FunZamr Platform and Services, including a computer, software, modem, and Internet access (including payment of all fees associated with such access).

We reserve the sole right to either modify or discontinue any service associated with the FunZamr Platform, including any of the FunZamr Platform's features, at any time with or without serving any notice to you. You agree that we will not be liable to you or any third party should we exercise such right at any time. You also agree that any new features that augment or enhance the then-current services on the FunZamr Platform shall also be subject to these Terms and Conditions of Use.

Registration Data and Privacy

In order to access certain services or features on the FunZamr Platform, you are required to use an account and password. You may obtain an account and password only by completing our online registration form. The online registration form requests certain information and data ("Registration Data"). You are required to maintain and update your Registration Data as your information and data may change. By registering, you agree that all information provided in the Registration Data are true and accurate and that you will maintain and update this information as and when required, keeping it current, complete, and accurate. In the event wherein the information disclosed by you is identified as inaccurate/false, we have all the rights to delete your account and block all activities carried on the FunZamr Platform. Further we do not have/share any liability in the event of any financial loss or any form of damages due to the inaccurate information provided by the user of the FunZamr Platform.

By completing the online registration form, you hereby grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of the FunZamr Platform, including your Registration Data, is subject to our Privacy Policy. Our Privacy Policy is specifically and fully incorporated by reference into these Terms and Conditions of Use.

You warrant that your right to publish/market/sell your product on the FunZamr Platform, is subject to the prior approval to be given by the internal committee of FunZamr. You understand and agree that you will be able to market your goods and services on the FunZamr Platform only after you duly submit the necessary information mandatorily required in order to process transactions via NEFT or other methods of internet banking. You hereby authorise FunZamr to store your bank account details and surface them to other users when they want to make a transfer.

Conduct on FunZamr Platform

Your use of the FunZamr Platform is subject to all applicable laws and regulations, and you are solely responsible for the substance, results and consequences of your communications through the FunZamr Platform. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through the FunZamr Platform, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that:

  • 1. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, or is otherwise tortious or contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  • 2. victimizes, harasses, degrades, or intimidates an individual or group of individuals based on religion, gender, sexual orientation, race, ethnicity, age, disability, or other legally protected basis;
  • 3. infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party;
  • 4. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • 5. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • 6. impersonates any person or entity, including any of our employees or representatives.

You acknowledge that we neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the FunZamr Platform. We have no obligation to pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the FunZamr Platform. However, we may elect to prescreen, monitor or edit any content. Additionally, we and our agents have the right at our sole discretion to remove any content that, in our judgment, does not comply with these Terms and Conditions of Use and any other rules of user conduct for our FunZamr Platform, or is otherwise harmful, objectionable, or inaccurate. You agree that we are not responsible for any failure or delay in removing such content. You hereby consent to any such removal deemed appropriate by us, and, you waive any claim against us arising out of such removal of content and agree to indemnify and hold us harmless from any and all claims asserted based upon such removal. See "Use of Your Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on the FunZamr Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral right, or other proprietary right of any party.

You may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the FunZamr Platform may be available to you or other authorized users of the FunZamr Platform. You shall not interfere with anyone else's use and enjoyment of the FunZamr Platform or any associated services or features. Users who violate systems or network security may incur criminal or civil liability in accordance with the law of the land.

You agree that we may, at any time and at our sole discretion, terminate your membership, account, or other affiliation with our FunZamr Platform without prior serving any notice to you for violating any of the above Terms and Conditions of Use and associated provisions. Upon such termination, you agree that we may remove any and all material or content that you may have posted to our FunZamr Platform. In addition, you acknowledge that we do and will cooperate fully with any investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal or civil violations.

Third Party Sites and Information

The FunZamr Platform may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we are responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience to you and does not imply endorsement of, or association with, the FunZamr Platform or party by us, or any warranty of any kind, either expressed or implied. FunZamr has zero liability in the event of any failure in any transaction on a third party's platform. FunZamr also will have NO LIABILITY related to products, services, quality of the product and or delays in delivery of any product, dissatisfaction due to redirection, transaction, and interaction with third party wherein a third party is selling, promoting, using FunZamr Platform/ Mobile Application to reach out to the users. FunZamr does not share or holds any liablity for the accuracy and compliance, legality, decency or any other aspect to the content/claim posted by the sellers/brands on FunZamr Platform/ Mobile Application which might instigate action by a user.

Intellectual Property Information

For purposes of these Terms and Conditions of Use, we define "content" as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our FunZamr Platform. This includes message boards, chat, and other original content.

By accepting these Terms and Conditions of Use, you acknowledge and agree that all content presented to you on the FunZamr Platform may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of FunZamr and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from the FunZamr Platform in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the FunZamr Platform. The content available on FunZamr Platform/ Mobile Application can be used by FunZamr for its own commercial purposes. The user/poster of the content on FunZamr Platform/Mobile Application gives exclusive right to FunZamr for the usage of the content. Any unauthorized use of the materials appearing on the FunZamr Platform may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties in accordance with the law of the land. FunZamr will not be liable for any liability wherein the user shares the content to a third party's platform. It remains the sole liability of the user who has shared the content which is unlawful / offensive.

Neither we nor our Affiliates warrant or represent that your use of any materials displayed on, or obtained through on the FunZamr Platform will not infringe the rights of third parties. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on the FunZamr Platform infringes on any patent, trademark, trade secret, copyright, right of publicity, moral rights, or other proprietary right of any party. The user is alone liable for creating/reproducing the content on FunZamr Platform/ Mobile Application. FunZamr has no liability in the event wherein the user has violated the copyright, patent, trademark of any third party.

The FunZamr Platform may include and make available custom graphics, icons, logos and service names, all of which are trademarks or service marks of FunZamr or its Affiliates. All other trademarks or service marks are the property of their respective owners. Nothing in these Terms and Conditions of Use grants you any right to use any trademark, service mark, logo, and/or the name of FunZamr or its Affiliates for any purpose whatsoever without the prior written approval of an authorized representative of FunZamr.

FunZamr may transmit, share, provide and give the Content to any third party contracting with FunZamr. However such third party shall be governed with as per the agreements/understanding between FunZamr and such party. For the sake of removing any ambiguity, once the Content is transmitted to, shared with, provided to and given to any such third party, the Content shall be governed with the terms of use and privacy policy of such third party.

Chat Box Messages

FunZamr will retain your messages (including your chats, photos, videos, messages and files) for internal quality purposes but FunZamr will not be responsible for any information shared between the users. The information and other details shared for any potential transaction occurring at FunZamr Platform/Mobile Application is at their individual risk and FunZamr shares zero liability in the event of any damages arising out of such transaction. The exchange of information is solely between the users of FunZamr Platform / Mobile Application. This means that both the users are directly responsible to each other for their information shared on the chat window of FunZamr Platform / Mobile Application.

Unauthorized Use of Materials

Subject to our Privacy Policy, we treat all information, communication or material that you transmit to the FunZamr Platform or to us, whether by electronic mail, post, or other means, for any reason, as non-confidential and non-proprietary except the private chat messages. By submitting any information to us, you are placing the information in the public domain and hence, the information is deemed non-confidential. You shall be solely responsible for your own content and the consequences of submitting and publishing your content. While you retain all rights in such communications or material, you grant us, our agents and Affiliates a non-exclusive, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, prepare derivative or collective works, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

We view the removal or "take down" of content from the FunZamr Platform as a significant step. Consequently, if you believe your copyright has been infringed by a posting on the FunZamr Platform, we ask that you send notification to our Designated Agent (as identified below).

To be effective and to support immediate removal of the allegedly infringing material or content, your notification to our Designated Agent needs to include the following:

  • 1. Detailed identification of your copyrighted or otherwise protected work that you believe has been infringed.
  • 2. Identification of the specific content or material on the FunZamr Platform that you claim is infringing your copyrighted or otherwise protected work identified in item #a above.
  • 3. Your contact information (email address preferred).
  • 4. Contact information for the owner/administrator of the allegedly infringing webpage or other content (email address preferred).
  • 5. You must also include the following statements in your written notification:
  • I have a good faith belief that use of the copyrighted materials work described in this notification as allegedly infringing is not authorized by the copyright owner, its agent, or the law.
  • 6. You must then sign your written notification.
  • 7. Finally, send the completed written notification to our Designated Agent at the following address:
Designated Agent for Claimed Infringement:
Address:
Amrapali Zodiac, Tower F 005, Sector 120, Noida Phone: 00919599070409

Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THE FUNZAMR PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE.

THE FUNZAMR PLATFORM COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THE FUNZAMR PLATFORM AT ANY TIME WITHOUT SERVING ANY NOTICE TO YOU. THE MATERIALS OR SERVICES AT THE FUNZAMR PLATFORM MAY BE OUT OF DATE. WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

YOUR USE OF ANY SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE FUNZAMR PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, ELECTRONIC AND DIGITAL FILES OR LOSS OF DATA THAT MAY RESULT FROM SUCH ACTIVITIES.

Through your use of the FunZamr Platform, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller/purchaser of such merchandise or services and you. You agree that neither FunZamr nor its Affiliates shall be a party to any commercial contract between you and any sellers/purchasers.

WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS OR ANY OF OUR AFFILIATES, ADVERTISERS, USERS BY MEANS OF POSTING/REPRODUCING ANY CONTENT, CHAT MESSAGES.

Content available through the FunZamr Platform often represents the opinions and judgments of an information provider, FunZamr Platform user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized FunZamr spokesperson speaking in his/her official capacity.

You understand and agree that temporary interruptions of the services available through the FunZamr Platform may occur. You further understand and agree that we have no control over third party networks you may access in the course of your use of the FunZamr Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the services and features available on the FunZamr Platform are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

Limitation of Liability

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE FUNZAMR PLATFORM OR OF ANY OTHER WEBSITES REFERENCED OR LINKED TO FROM THE FUNZAMR PLATFORM.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH THE FUNZAMR PLATFORM OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE FUNZAMR PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION. IN NO EVENT SHALL FUNZAMR BE HELD REPONSIBLE FOR ANY DELIVERY OR DISPATCH RELATED ISSUES.

YOU UNDERSTAND AND AGREE THAT WE PROVIDE THE SERVICES AND FEATURES ASSOCIATED WITH THE FUNZAMR PLATFORM CONDITIONED ON YOUR UNDERSTANDING OF, AND AGREEMENT WITH, THE PRESCRIBED LIMITATIONS OF LIABILITY AND DISCLAIMERS OF WARRANTY SET FORTH IN THESE TERMS AND CONDITIONS OF USE. BUT FOR YOUR AGREEMENT WITH THESE LIMITATIONS AND DISCLAIMERS, WE WOULD NOT PROVIDE THE SERVICES SET FORTH HEREIN. CONSEQUENTLY, YOU SPECIFICALLY AGREE THAT YOU UNDERSTAND AND AGREE TO THESE LIMITATIONS AND DISCLAIMERS.

Indemnification

You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the FunZamr Platform, its services or features. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

All the provision shall survive even after the expiration of the understanding between FunZamr and the user, the provisions of the terms and conditions will remain alive in full spirit and FunZamr perpetually would retain the rights as laid down in this terms and conditions wherein the user of FunZamr Platform / Mobile Application remains bound by their obligations as specified in this terms and conditions even after the expiration of the understanding between FunZamr and the user.

Security and Password

You are solely responsible for maintaining the confidentiality of your password and account. You are solely responsible for all statements made and acts or omissions that occur through the use of your password and account, whether by you or another party in possession of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account if you do transfer or share your account and fail to comply with any of the provisions of the terms and conditions mentioned herein.

Participation in Promotions

From time to time, the FunZamr Platform may include advertisements associated with offers by third parties. You may feel free to enter into correspondence with or participate in promotions of any advertisers showing their products on the FunZamr Platform. Any such correspondence or promotions, including the delivery of, and the payment for, goods or services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion. You agree that we have no liability, obligation or responsibility for any aspect of your correspondence or transactions with the advertiser. You also understand that the inclusion of an advertisement on the FunZamr Platform does not constitute our endorsement of any offer or promotion associated with that advertisement, nor, does it constitute endorsement of any entity associated with or responsible for the advertisement. You assume all risk associated with any correspondence or transaction with the advertiser.

E-mail, Messaging, Blogging, and Chat Services

We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our FunZamr Platform, either directly or through a third-party provider. We will not inspect or disclose the contents of your private Communications except with the consent of the sender or the recipient, or in the narrowly defined situations provided under the applicable privacy laws or as otherwise required by law or by court or governmental order. Further information concerning our treatment of your private Communications is available in our Privacy Policy.

At our sole discretion, we may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect and may affect the transmission of both legitimate and unsolicited Communications between parties. Regardless, you agree that we are not responsible for any legitimate Communication that is blocked, or for any unsolicited Communication that is not blocked.

International Use

Although the FunZamr Platform may be accessible worldwide, we make no representation that materials on the FunZamr Platform are appropriate or available for use in locations outside India or that the FunZamr Platform complies with any country's privacy laws. Accessing the FunZamr Platform or materials from territories where the content is deemed illegal is prohibited. If you access the FunZamr Platform from locations outside the India, you do soon your own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with the FunZamr Platform is void where prohibited.

Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the FunZamr Platform with or without serving any notice to you and for any reason, including, without limitation, breach of these Terms and Conditions of Use. Where, in our reasonable opinion, there is any suspected fraudulent, abusive, inappropriate, or illegal activity, such activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension of your access, regardless of the reasons therefore, your right to use the services available on the FunZamr Platform immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the FunZamr Platform. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.

Governing Law, Venue, Arbitration

The FunZamr Platform (excluding any linked sites) is controlled by us from our office within the state of Uttar Pradesh. It can be accessed from all states of India, as well as from other countries around the world. As each of these places has laws that may differ from those of India, by accessing the FunZamr Platform, both of us agree that the statutes and laws of the India, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of the FunZamr Platform and the purchase of products and services available through the FunZamr Platform. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction or arbitrator in Gurgaon with respect to such matters.

Notices

All notices to a party shall be in writing and shall be made either via email or via conventional mail. Notices to us must be sent to the attention of Customer Service atcare@funzamr.com, if by email, or at Address: Amrapali Zodiac, Tower F 005, Sector 120, Noida, if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the FunZamr Platform to inform you of changes to the FunZamr Platform or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending. For any technical query/issues you can write us on care@funzamr.com.

Entire Agreement

These Terms and Conditions of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms and Conditions of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with the FunZamr Platform is in conflict or inconsistent with these Terms and Conditions of Use, these Terms and Conditions of Use shall take precedence.

Miscellaneous

In any action to enforce these Terms and Conditions of Use, the prevailing party will be entitled to costs and attorney's fees. Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms and Conditions of Use to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms and Conditions of Use to any party whatsoever without any permission from you.

You agree not to replicate, duplicate, copy the content, art work of any users of FunZamr and/or any third party and also of FunZamr on the FunZamr Platform/Mobile Application.

In addition, you agree that we are excused from liability for non-delivery or delay in delivery of products and services available through the FunZamr Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, power outage, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms and Conditions of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms and Conditions of Use or related rights shall not constitute a waiver of that right or provision.

Contact Information

Except as explicitly noted on the FunZamr Platform, the services available through the FunZamr Platform are offered by Zambooree Infotech Pvt. Ltd. Address: Amrapali Zodiac, Tower F 005, Sector 120, Noida Phone: 00919599070409. If you notice that any user is violating these Terms and Conditions of Use, please contact us at care@funzamr.com.

Grivance Officer

If you have any grievances with respect to the Platform or the Service or any other related issue, you can contact our grievance officer at: E-mail: care@funzamr.com FunZamr will take immediate action and address the issue at the earliest. The Sellers (who sells their products/services on the FunZamr Platform)will be completely responsible for the quality of the Products but FunZamr will only ensures the quality of web/mobile application services. Please refer to our Sellers Terms and Conditions for more information.

Terms and Conditions (Sellers) (Last updated on December 8, 2016)

PLEASE READ EACH AND EVERY PROVISION OF THIS TERMS AND CONDITIONS CARFULLY:

These Terms and Conditions mentioned herein below are specifically for the Sellers who are purchasing the "Digital Inventory" button in order to directly sell their products and services using the FunZamr Platform/ Mobile Application but is subjected to prior acceptance to the provisions of the Terms and Conditions laid down below.

Acceptance and Parties

By clicking on the check box or "I Agree"/Accept" button construes your acceptance of this Terms and Conditions in addition to the General Terms and Conditions. These terms and conditions of the Digital Inventory Services are by and between FunZamr and "the Seller" (who sells their products and services on the FunZamr Platform). It is further clarified that the Seller and FunZamr individually referred to as "Party" and collectively as "Parties". A buyer is the user who lands on the page of FunZamr and buys or shows the intent to buy the products which are displayed by the Seller on FunZamr Platform. The General Terms and Conditions are to be adhered by all users/customers who browse through the page of FunZamr/ purchases any product which is put in display by the Seller.

Marketing Tools/Support, Products, Availability of products

The Seller will keep informed FunZamr at all times about the availability of the products and services in its inventory along with detailed specifications like size, colour, texture and other related specification as may be required of the product. Order once placed on the FunZamr Platform by the customer shall have to be honoured by the Seller at all costs. In the event of any loss incurred due to unavailability of product and services / false information / product undelivered, damaged product, FunZamr has zero liability towards the seller, customer or any other third party involved in the transaction.

Fee

FunZamr as such shall not charge any fee for providing display on the FunZamr Platform/ Mobile Application; however it charges a one-time payment for the Digital Inventory button from the Seller under different categories. The Seller has an option to buy the categorized Digital Inventory button offered by FunZamr and pay the requisite amount.The Seller hereby gives consent to FunZamr to store the information provided in the registration form and re-use the provided information as and when required. In the event when the product of the Seller is Out of Stock / does not have inadequate services for the delivery of the product, either on FunZamr Platform or FunZamr Chat box or calling services or if redirected to a third party's platform through FunZamr Platform the Seller must activate/mark the Out of Stock button. When the product is again in stock, the seller can activate/mark the product in-stock. In any event it is the liability and onus upon the Seller to do the needful. It may also be noted that in the event if there is any failure in completion of the transaction while making the payment by the Seller then FunZamr will have zero responsibility to retrieve the paid amount and will not consider it to be a payment. FunZamr will only consider a transaction to be valid when the payment is successful.

Chat Box Messages

FunZamr will retain your messages (including your chats, photos, videos, messages and files) for internal quality purposes but FunZamr will not be responsible for any information shared between the Seller and the Customer. The information and other details shared for any transaction occurring at FunZamr Platform/Mobile Application is at their individual risk and FunZamr shares zero liability in the event of any damages arising out of such transaction. The exchange of information is solely between the Seller and the Customer. This means that the Seller and the Customer is directly responsible to each other for their information shared on the chat window of FunZamr Platform / Mobile Application. The final deal between the Seller and Customer will be closed in accordance with the terms decided between them wherein FunZamr has no role to play and is not responsible for any act related to it.

Order, Handling, Delivery

The Seller shall upon receipt of the order from buyer immediately arrange to deliver the products to the designated address as early as possible but in any case FunZamr as a good practice would advise the seller thatthe dispatch shall be made within 30 days of the receipt of the Order. In case the Seller fails to dispatch the product within the aforesaid time, it has to return the amount received back to the Customer forthwith. No delay in returning the amount is permissible and any delay caused shall be considered as breach of the provisions of this Terms and Conditions and it shall be one of the cause for deletion of the registered account of the Seller. The necessary guarantee/warranty shall be provided by the Seller to the Customer. The Seller agrees to replace the defective products supplied to the Customer at its own cost and shall not hold FunZamr responsible in any manner whatsoever. For avoidance of doubts it is clarified that defective would mean and include but is not limited to wrong product, damaged product, mis sized product and any other shortcoming which the Customer may point out. It may also be noted that all transactions between the Customer and the Seller is at their own risk.

Covenants of Seller

The Seller hereby covenants with FunZamr as under:

  • 1. To deliver the product of the Ordered specifications/description only including quantity and quality prescribed in the Order and there should be no instance of wrong item being delivered and/or quality issue and/or issue of Non delivery. Further, the Seller shall maintain adequate stock/inventory of the items at all times. In case the Seller is running out of supplies or is likely not to fulfill the Order received or has inadequate services available at its end, it shall intimate the buyer/ and update on the FunZamr Platform/ Mobile Application.
  • 2. Not to send any kind of promotion material or any such material, which is, derogatory to and/or adverse to the interests financial or otherwise of FunZamr, to the customer either along with the products supplied or in any manner whatsoever.
  • 3. Not to do any act/deal in a thing / products/goods/services which are either banned/prohibited by law or violates any of the intellectual property right of any party in respect of such product or services.
  • 4. Not to send any kind of promotion material or any such material, which is, derogatory to and/or adverse to the interests financial or otherwise of FunZamr, to the customer either along with the products supplied or in any manner whatsoever.
  • 5. The Seller declares that it has all rights and authorisations in respect of intellectual property rights of third parties and is authorised to sale/provide/licence such products to the customer. The copy of such authorization shall be provided on demand without failure and/or protest.
  • 6. The Seller agrees to indemnify and keep indemnified FunZamr from all claims/losses (including advocate fee for defending/prosecuting any case) that may arise against FunZamr and its affliates due to acts/omission on the part of the Seller
  • 7. To provide FunZamr, for the purpose of the creation/display on website of FunZamr Platform, the product description, images, disclaimer, delivery time lines, price and such other details for the products to be displayed and offered for sale.
  • 8. To ensure and not to provide any description/image/text/graphic which is unlawful, illegal, intimidating, obnoxious, objectionable, obscene, vulgar, opposed to public policy, prohibited by law or morality or is in violation of intellectual property rights including but not limited to Trademark and copyright of any third party or of inaccurate, false, incorrect, misleading description or is derogatory in nature. Further it will forward the product description and image only for the product which is offered for sale through the website/application of FunZamr. The Seller agrees that in case there is violation of this covenant, it shall do and cause to be done all such acts as are necessary to prevent disrepute being caused to FunZamr
  • 9. To provide full, correct, accurate and true description of the product so as to enable the customers to make an informed decision. The Seller agrees not to provide any such description/information regarding the product which amounts to misrepresentation to the customer.
  • 10. To be solely responsible for the quality, quantity, merchantability, guarantee, warranties in respect of the products offered for sale through portal of FunZamr
  • 11. To raise an invoice as well as receipt of payment in the name of Customer for an amount equivalent to the displayed MRP or the negotiated amount on the online store to the customer and paid by/charged to the customer.
  • 12. Not to offer any Products for Sale on the Application, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the Indian laws.
  • 13. To provide satisfactory proof about the ownership/licences of all the legal rights in the Products that are offered for sale on the FunZamr Platform/ Mobile Application as and when demanded by FunZamr.
  • 14. To pass on the legal title, rights and ownership in the Products sold to the Customer.
  • 15. To be solely responsible for any dispute that may be raised by the customer relating to the goods, merchandise and services provided by the Seller. No claim of whatsoever nature will be raised on FunZamr
  • 16. The Seller shall at all times be responsible for compliance of all applicable laws and regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value added tax, Standards of Weights & Measures legislation, Sale of Goods Act, Excise and Import duties, Drugs and Cosmetics Act, Drugs and Remedial Magic Act, Code of Advertising Ethics, etc.
  • 17. To provide to FunZamr the copies of any document required by FunZamr for the purposes of performance of its obligations under this terms of understanding within 48 hours of getting a written notice from FunZamr.
  • 18. To seek advance written approval from FunZamr, prior to release of any promotion/advertisement material, in so far as the same relates to services offered pursuant agreeing to the terms and conditions.

Rights of FunZamr

Seller agrees and acknowledges that FunZamr, at all times during the continuance of this association, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the Seller without any prior intimation to Seller in the event the said text, image, graphic is found to be in violation of law, breach of any of the provisions of the terms and conditions of FunZamr Website/ Mobile Application. In such an event, FunZamr reserve the right to forthwith remove/close the online store of the Seller without any prior intimation or liability to the Seller. In such event FunZamr will not return the fee amount paid by the seller and will have zero liability for any expected damages/loss claimed by the Seller.

Appropriate disclaimers and terms of use on FunZamr Shopping portal shall be placed by FunZamr and is subject to amend if necessary with notice given to the Seller from time to time on FunZamr Platform and/or any other information will be sent to the Seller via e-mail from time to time.

At any time if FunZamr believes that the services are being utilized by the Seller or its Customer/(s) in contravention of the provisions of this Terms and conditions then FunZamr shall have the right either at its sole discretion or upon the receipt of a request from the legal / statutory authorities or a court order to discontinue/terminate the said service(s) to the Seller or the Customer as the case may be, forthwith remove/block/close the of the Seller and furnish such details about the Seller and/or its customers upon a request received from the Legal/ Statutory Authorities or under a Court order.

Indemnity

The Seller indemnifies and shall hold indemnified FunZamr, its partners, officers, employees, representatives, agents from and against all losses, damages, claims, suits, legal proceedings and otherwise howsoever arising from or in connection with any claim including but not limited to claim for any infringement of any intellectual property rights or any other rights of any third party or of law, concerning quality, quantity and any claim in relation to the Seller's product, the breach of any of the Seller's warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this terms and conditions or arising out of the Seller infringing any applicable laws, regulations including but not limited to Intellectual Property Rights, Local Sales Tax, Central Sales Tax, Service tax, Value Added tax, The Standards of Weights & Measures legislation, Excise and Import duties, etc . For the purpose of this clause reference to the FunZamr shall also include the Mobile Operators and such other agencies through whom FunZamr shall make the Application available to the Customers.

All the provision shall survive even after the expiration of the understanding between the Parties the provisions of the terms and conditions will remain alive in full spirit and FunZamr perpetually would retain the rights as laid down in this terms and conditions wherein the Seller remains bound by their obligations as specified in this terms and conditions even after the expiration of the understanding between the Parties.

Limitation of Liability FunZamr on the basis of representation by the Seller is marketing the products of the Seller on its Application, "FunZamr"to enable Seller to offer its products for sale through the said application. This representation is the essence of the Contract. It is expressly agreed by the Seller that FunZamr shall under no circumstances be liable or responsible for any loss, injury or damage to the Seller, customer or any other party whomsoever, arising on account of any transaction under these Terms and Conditions or as a result of the Products being in any way damaged, defective, in unfit condition, infringing/ violating any laws/ regulations/ intellectual property rights of any third party. The Seller agrees and acknowledges that it shall be solely liable for any claims, damages, allegation arising out of the Products offered for sale through the mobile application FunZamr (including but not limited to quality, quantity, price, merchantability, use for a particular purpose, or any other related claim) and shall hold FunZamr and its affiliates harmless and indemnified against all such claims and damages. Further FunZamr shall not be liable for any claims, damages arising out of any negligence, misconduct or misrepresentation by the Seller or any of its representatives.

FunZamr under no circumstances will be liable to the Seller for loss and/or anticipated loss of profits, or for any direct or indirect, incidental, consequential, special or exemplary damages arising from the subject matter of the Digital Inventory Services, regardless of the type of claim and even if the Seller has been advised of the possibility of such damages, such as, but not limited to loss of revenue or anticipated profits or loss business, unless such loss or damages is proven by the Seller to have been deliberately caused by FunZamr.

Intellectual Property Rights

The Seller expressly authorizes FunZamr to use its trade marks/copy rights/ designs /logos and other intellectual property owned and/or licensed by it for the purpose of reproduction on the website, mobile application and at such other places as FunZamr may deem necessary. It is expressly agreed and clarified that, except as specified agreed in this terms of the buying the Digital Inventory button, each Party shall retain all right, title and interest in their respective trademarks and logos and that nothing contained in this Agreement, nor the use of the trademark / logos on the publicity, advertising, promotional or other material in relation to the services shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party's trademarks and / or logos.

Confidentiality

The contents of the agreement and any information passed on by FunZamr to the Seller is highly confidential in nature and the Seller agrees and undertakes to maintain the confidentiality of the information and user/customer data disclosed, generated or made available to Seller under this expressed terms and conditions. The said information shall not be used by the Seller or its agents, servants, representatives or any person acting through or claiming through the Seller for any purpose other than for the performance of its obligations under this terms and conditions. The Seller agrees that the unauthorized disclosure or use of such information would cause irreparable harm and significant injury, the degree of which may be difficult to ascertain. Accordingly, Seller agrees that FunZamr shall have the right to obtain an immediate injunction from any court of law ensuing breach of the provisions of the terms and conditionsand/or disclosure of the Confidential Information. FunZamr shall also have the right to pursue any other rights or remedies available at law or equity for such a breach.

Relationship of Parties

Nothing under this terms and conditions will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. FunZamr shall not be responsible for the acts or omissions of the Seller and Seller shall not represent the acts of FunZamr, neither has any power or authority to speak for, represent, bind or assume any obligation on behalf of the other.

Force Majeure and Technical Faults

Neither Party shall be responsible or liable for any delay or failure to perform its obligations (other than an obligation to make payment) under this terms and conditions due to unforeseen circumstances or any event which is beyond that Party's reasonable control and without its fault or negligence, but not limited to, acts of God, war, riots, embargoes, strikes, lockouts, acts of any Government authority, delays in obtaining licenses or rejection of applications under the Statutes, failure of telephone connections or power failure, fire or floods or any technical fault in the FunZamr Platform or FunZamr Mobile Application.

Dispute Resolution

If any dispute arises between the Parties hereto during the subsistence of this terms and conditions or thereafter, in connection with or arising out of this terms and conditions, the dispute shall be referred to arbitration under the Indian Arbitration and Conciliation Act, 1996, by a sole arbitrator. The arbitrator shall be appointed in accordance with the mutual consent of the disputed parties. The cost of the arbitration shall be shared mutually. Arbitration shall be held at Noida, India. The proceedings of arbitration shall be in the English language. The arbitrator's award shall be final and binding on the Parties.

Privacy Policy

Last Updated September 14, 2016

This Privacy Policy governs the manner in which Relevant E-Solutions Private Limited ("FunZamr") collects, uses, maintains and discloses information collected from users (each, a "User") of the www.funzamr.com website (the "FunZamr Platform"). This Privacy Policy applies only to the FunZamr Platform and any products and services offered directly by FunZamr.

Personal identification information

We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our FunZamr Platform, register on the FunZamr Platform, subscribe to the newsletter, fill out a form, and in connection with other activities, services, features or resources we make available on our FunZamr Platform. Users may be asked for, as appropriate, name, email address, mailing address, phone number, fax numbers, or other identifying information. We will collect personal identification information from Users if they voluntarily submit such information to us. Users can always refuse to supply personal identification information, recognizing that such refusal may prevent a User from engaging in certain FunZamr Platform-related activities.

Non-personal identification information

We may collect non-personal identification information about Users whenever they interact with our FunZamr Platform. Non-personal identification information may include the User's browser name, type of computer and technical information about Users means of connection to our FunZamr Platform, such as the User's operating system, the Internet service providers and other similar information.

Web browser cookies

Our FunZamr Platform may use "cookies" to enhance a User's experience. A User's web browser will place cookies on the User's storage drive for, among other things, record-keeping, FunZamr Platform usage assessment and sometimes to track other User information. A User can choose to set his or her web browser to refuse cookies, or, to alert the User when cookies are being sent. Some parts of the FunZamr Platform may not function properly if cookies are refused or alerts are enabled.

How we use collected information

FunZamr collects and uses a User's personal information primarily for the following purposes:

How we protect your information

We adopt what we believe to be adequate and appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information, and data stored on our FunZamr Platform. Because of changing technology and improving sophistication of hackers and persons seeking unauthorized access to our system, we cannot guarantee that our security measures will be successful; but we will put forth a good faith effort to protect your information as set forth in this Policy.

Sharing your personal information

We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

Third party Websites

Users may find advertising or other content on our FunZamr Platform that links to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our FunZamr Platform. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our FunZamr Platform, is subject to that website's own terms and policies. This FunZamr Privacy Policy does not address, control or cover the privacy policies of any third party website.

Advertising

Ads appearing on our FunZamr Platform may be delivered to Users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement and to compile non-personal identification information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This FunZamr Privacy Policy does not address, control or cover the use of cookies by any advertisers.

Google Adsense

Some ads may be served by Google. Google's use of the DART cookie enables it to serve ads to Users based on their visit to our FunZamr Platform and other sites on the Internet. DART uses "non personally identifiable information" and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy site at

Changes to this privacy policy

FunZamr at its sole discretion will update this Privacy Policy at any time. When we do, we will post a notification on the main page of our FunZamr Platform, and, revise the updated date at the bottom of this page. We encourage our Users to frequently check this webpage for any changes to our Privacy Policy to stay informed as to our methods for protecting any personal information we collect

AS A CONDITION PRECEDENT TO USING THIS FUNZAMR PLATFORM, YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THIS PRIVACY POLICY, BECOME AWARE OF ITS MODIFICATIONS, AND INFORM US IN A TIMELY MANNER IF YOU OBSERVE ANY INCONSISTENCIES BETWEEN THE STATED POLICIES AND THE TREATEMENT OF YOUR DATA. YOU ALSO ACKNOWLEDGE AND AGREE THAT WE CANNOT GUARANTEE THAT YOUR PERSONAL DATA WILL NOT BE INADVERTENTLY OR ILLEGALLY ACCESSED BY A THIRD PARTY, AND YOU AGREE TO HOLD US HARMLESS AND INDEMNIFY US FROM ANY UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION. FINALLY YOU UNDERSTAND AND AGREE THAT BUT FOR YOUR AGREEMENT TO THIS INDEMNITY AND HOLD HARMLESS, WE WOULD NOT HAVE MADE AVAILABLE THE FUNZAMR PLATFORM AND SERVICES.

Your acceptance of these terms

By using this FunZamr Platform, you signify your acceptance of the then-current FunZamr Privacy Policy. If you do not agree to this policy, please do not use our FunZamr Platform. Your continued use of the FunZamr Platform following the posting of any changes to this policy constitutes your acceptance of those changes.

Contacting us

If you have any questions about this Privacy Policy, the practices of this FunZamr Platform, or your dealings with this FunZamr Platform, please contact us at care@funzamr.com

Content Policy

Last Updated December 8, 2016

Zambooree Infotech Private Limited ("FunZamr") is committed to giving its users the best possible experience. To that end, we try to assemble content that we think complements what we are doing. Users can create stories, including images, text, videos and other media.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Company's copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Company that your copyrighted material has been infringed.

Company's Copyright Agent for notice of claims of copyright infringement on its site can be reached at:care@funzamr.com

Copyright © 2016 zambooree. All right reserved.