Terms of Use

Terms of Use


1. Background


This Terms and Conditions of Use (the “Terms of Use”) of the website www.zingohub.com (the “Website”) is entered into between Zingohub Private Limited (the “Company” ‘Us” or “We”) and any viewer or registrant of the Website (referred to as “You”, “Yourself” or “User”). The Terms of Use provides the manner in which the Company grants You permission to use or access the Website. If You do not wish to consent to the Terms of Use or any other policy of the Company applicable to You provided on the Website, including but not limited to the Privacy Policy, do not access the Website. We urge You to familiarise Yourself with the Terms of Use from time to time, as the Company may at its sole discretion make changes to the Terms of Use. Your use of the Website signifies Your consent to the Terms of Use and the Privacy Policy.


2. Privacy Policy


We have established a Privacy Policy which governs the manner in which in which data is collected and used in relation to the Website. Please familiarise yourself with the Privacy Policy found www.zingohub.com/privacy-policy.


3. Use of the Website and Registration


Use and Registration of the Website has been limited to the extent that You must be at least eighteen (18) years of age to be a valid User. This is necessary to ensure that only those Users use or register on the website who are capable of entering into legally binding contracts under the Indian Contracts Act, 1872. In case you have not completed eighteen (18) years of age Your use, registration or any transactions on the Website must be done by your parent or legal guardian. In the event that we have reason to believe that any information provided by You is inaccurate or false, we have the right to terminate Your account and withdraw Your access or use of the Website. You may register on the Website using Your Facebook or Google+ account and the information provided through the same shall be governed by the Privacy Policy.


Currently, we do not charge any User for registration on the Website. In the event that the Company decides to make any changes in this regard, the Company may use email, SMS or update the Terms of Use to notify You of the same. It is Your duty to understand such changes made through any of the aforementioned mediums.


4. Online Platform


You hereby understand and agree that the Website is a mere online platform where we connect Users and entities that showcase goods or products on the Website (“Sellers”). Commercial terms and contractual obligations are entered into between the Users and Sellers. We are not a party to such agreements and merely facilitate connecting You to Sellers. While We strive to ensure Your shopping experience is smooth and hassle free on the Website, aspects related to the sale, price, shipping, delivery and any other warranties or representations related to any goods or products on the Website are beyond the control of the Company. Any errors or omissions in this regard will lie with You and the Seller who shall be the sole parties to the agreement of purchase and sale of goods or products on the Website.

It is important that You acknowledge and are aware that the Website, being an online platform, cannot under any circumstances guarantee performance of a contract or be responsible for a breach or non-performance of a contract between You and a Seller. Further, We shall not be obligated to resolve a dispute or a disagreement between You and a Seller.

You must also understand that at no point during the transaction between You and a Seller, do We come into possession of any products offered by the respective Seller nor do We gain title or have any rights over the goods or products that You are purchasing.

In this regard, You hereby agree to release and indemnify the Company and its directors, officers, employees, representatives, and agents (the “Indemnified Party”) from and against any and all claims, actions, demands, legal proceedings, liabilities, damages, losses, judgments, authorized settlements, costs or expenses, including without limitation reasonable attorneys’ fees, (the “Damages”) arising out of or in connection with any alleged or actual claims related to Your use of the Website in any manner.


5. Communication


To improve the service that We provide to You, You may need to communicate with Us through email or any other mode of communication. When You use the Website or send emails or other data and information You agree and understand that You are communicating with Us through electronic records and You hereby provide your express consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email, Short Messaging Service or by such other mode of communication, electronic or otherwise. It is important that You understand that any such mode of communication, inter alia, helps Us provide You with information that We think You require from time to time such as confirmation of a purchase on the Website or knowing the status of delivery related to such purchases.


6. Conduct


We wish to provide You with a wonderful experience while using the Website, however it is important that You understand that we must place restrictions on the same in order to establish the same for other Users and ensure that Your conduct is not detrimental in any manner whatsoever to Us. You shall be solely responsible for the manner in which you conduct Yourself on the Website. Without limiting the generality of the list below, you shall adhere to the following:

1. Your conduct on the Website should not in any manner infringe the intellectual property which belongs to any third party;

2. Any information posted, displayed or published by You, including but not limited to, images, text, .gifs, videos etc. shall not in any manner violate any law, public policy or any Policy of the Website;

3. You shall not in any manner harass any other User of the Website in any manner;

4. You shall not attempt to impersonate any person;

5. Your conduct must not in any manner transmit or create or attempt to transmit or create any computer virus (such as a worm, a Trojan etc.) on the Website, through the Website or to any of the Users of the Website.

6. You must not attempt to obtain any unauthorized access to the Website or attempt to monitor any portion of the Website or its content, including doing so with the use of any computer program. Further You shall not make any attempts to gain unauthorized access of the account of any other User of the Website.

7. You shall not attempt to download or copy or use any intellectual property of the Company on the Website or recreate the same in any manner whatsoever.

In the event that the conduct of any other User or any content on the Website is objectionable to You, do notify us at info@zingohub.com. We shall make best attempts to address and take down, where deemed fit by the Company, such content within reasonable time. We request your co-operation in this regard, given the volume of content on the Website.


7. Unauthorised content


While we strive to ensure that the Website is free from content that is offensive or obscene, there is a possibility that You are exposed to such content posted by another User or a third party. It also is possible for others to obtain without authorization Information (as defined in the Privacy Policy) about You due to Your use of the Website, and that the recipient of such Information may use it in a manner detrimental to You. Despite the fact that, we do not approve of such behaviour, in most cases the same is beyond control of the Website. Use of the Website shall constitute Your acknowledgement that We shall not be responsible for the use of any Information that You publicly disclose or share with others on the Website. We urge You to be cautious of the Information that You provide in this regard.


8. Seller


As a Seller on the Website, you are permitted to showcase or list products or goods on the Website only on adherence to the Terms of Use of the Website applicable to you in the same manner as it is applicable to Users of the Website. As a seller, apart from the obligations of conduct envisaged in the Terms of Use, you must not in any manner misrepresent or in any manner attempt to mislead a User about the goods or products sold by you on the Website and more specifically you must not exaggerate or over emphasize the attributes of such products or services so as to mislead any User in any manner.


9. Payments


We do make greatest attempts on our behalf to ensure that transactions on our Website are smooth. In this regard we use payment mechanisms (such as PayU) and payment gateways of high reputation. We offer payment methods such as Credit Card, Debit Card, Netbanking and any other method that we may permit from time to time. It is important at this point for you to understand that majority of this is not under our control and will be under the control of the bank you choose through which you make such payments. Under no circumstances shall the Company be liable for any loss or failure of transaction which takes place due to errors in internet connectivity, payment gateways or any other reason beyond the control of the Company. However, where such an error does occur please feel free to contact us at info@zingohub.com and we will be happy to assist you in order to rectify such an error as far as possible from our end.

The Website has established loyalty points (the “Zems”) in order to reward You for Your loyalty to Us. The purchase of certain products or goods on the Website will entitle You to Zems which shall be based on the price at which You purchase the same which shall be displayed alongside the product that You are purchasing. Zems may be redeemed for a discount when purchasing products on the Website. Zems may be accumulated by You over purchases made. However, We reserve the right to place restrictions on the number of Zems that may be redeemed on a single purchase made by You. You hereby specifically agree and understand that Zems will be linked to Your specific account on the Website and You are not permitted in any manner whatsoever to make any attempts to sell or exchange Zems with any other User or any third party. In the event that We come to know of any such unathorised use of Zems, We have the right to take any such lawful action against You as deemed appropriate. You further understand that Zems cannot be treated as a legal tender and shall be treated as a mere reward that the Website is providing You. We may also alter the terms on which Zems may be used at any point of time, without notice to You, including the termination of use of Zems.


10. Returns and cancellation


Returns, refunds and cancellation of products or goods that you have purchased on the Website shall be governed by our Returns, Refunds and Cancellation Policy. Please acquaint Yourself with the same before purchasing any goods or products on the Website. This policy can be found at www.zingohub.com/returns-refunds-cancellations.


11. Shipping and Delivery


Shipping and delivery of products or goods that you have purchased on the Website shall be governed by our Shipping and Delivery Policy. Please acquaint Yourself with the same before purchasing any goods or products on the Website. This policy can be found at www.zingohub.com/shipping-delivery.


12. Liability of the Company


In no event shall the Company be liable for any direct, indirect, incidental or consequential damage of any kind in connection with the Terms of Use, Privacy Policy or any other policy of the Company.


13. Governing Law and Jurisdiction


The Terms of Use are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore.


14. Updates


The Terms of Use may be updated from time to time at the sole discretion of the Company. To that end, it is Your duty to acquaint Yourself with the contents of the same.


Jumpstart Terms of Use


1. Background


This Terms and Conditions of Use of Jumpstart (the “Jumpstart Terms”) on www.zingohub.com (the “Website”) is entered into between Zingohub Private Limited (referred to as the “Company”, “Us” or “We”) and any viewer or registrant of Jumpstart on the Website (referred to as “You”, “Yourself” or “User”). The Jumpstart Terms provides the manner in which the Company grants You permission to access or use Jumpstart. At the very outset please note that the terms and conditions under the Jumpstart Terms shall be applicable to You in addition to Terms of Use of the Website www.zingohub.com/terms-of-use, the Privacy Policy of the Website www.zingohub.com/privacy-policy and any other policy of the Company that is provided on the Website and is applicable to You (jointly the “Policies”). If You do not wish to provide Your consent to the Policies, please do not view, access or use Jumpstart. In this regard, Your access or use of Jumpstart constitutes Your consent to the Policies.

2. Understanding Jumpstart


2.1. Introduction

Jumpstart is a service provided on the Website by the Company which is as an online reward based crowfunding platform where we connect You with individuals or entities (“Project Managers”) seeking to promote or advance, amongst other things, a cause, an idea, a product, an event or a movie (the “Project”). The manner in which the Project Managers seek to promote or advance their Project is through monetary contributions made by Users (the “Contributions”). Every Project will have a corresponding financial contribution target required to be achieved which will be displayed alongside the Project on the Website (the “Target”). In addition, the Project will also have a corresponding time frame within which it must achieve the Target which shall be displayed alongside the Project on the Website as well (the “Time Frame”). In exchange for every Contribution made towards a Project, the respective Project Manager will provide every User, who makes a Contribution, with a reward (the “Reward”). For the purpose of clarification, the Reward may include but not be limited to Project related merchandise, memorabilia, event invitations or even simply an acknowledgment in a social media platform of the Project Manager’s choice.

It is of utmost importance that You understand that Project Managers are third parties with no affiliation to the Company or the Website in any manner whatsoever. By making a Contribution, You expressly agree and understand that You are entering into a standalone contract with a Project Manager alone without the Company or the Website being a party to the contract. In this regard, the Company and the Website shall have no control over, or liability towards, commercial terms and contractual obligations that have been agreed between You and the Project Manager. Any errors or omissions in this regard will lie with You and the Project Manager alone. The Website merely facilitates the arrangement between You and the Project Manager and satisfies the role of a platform where all information available to the Company from the Project Manager is communicated through the Website.

2.2. Project Managers

Project Managers are third party individuals or entities who are not affiliated to the Company or the Website. The Website serves as a platform for Project Managers to showcase Projects on the Website and the Website in this regard merely facilitates Contributions made by Users.

2.3. Contributions

You will have several options with regard to the amount of Contribution that You may wish to make towards a Project. These options will be displayed to You alongside the Project. Please note that the Project Manager may provide You with different Rewards based on the amount of Contribution You wish to make. Contributions made by You shall in no manner be treated as a loan to the Project Manager.

2.4. Target

The Target is a certain amount of funds that the Project seeks to achieve from the Contributions within the Time Frame. When Contributions are made, such Contributions are held by the Company till the Target is achieved by the respective Project or the Time Frame elapses, whichever earlier. If the Target is achieved before the Time Frame elapses, the Contributions will be transferred to the Project Manager. In the event that the Target is not achieved within the Time Frame, the Contributions made towards the respective Project shall be returned to the respective User. It is important to note that the Project will receive the Contributions only where the Target is achieved.

2.5. Reward

The Reward will be provided by the Project Manager to You in the event that the Project accomplishes the Target. You will be made aware of what the Reward will be (for example a t-shirt or a mug etc.), which will be displayed under each option of amount of Contribution or in the description of the Project and shall always be at the discretion of the Project Manager and disclosed upfront on the Website. The time within which You shall receive the Reward will also be decided by the Project Manager. Project Managers are permitted to alter the Rewards offered towards Contributions in the Project in an attempt to increase future Contributions. However, when a User has already made a Contribution, the Reward offered to the respective User may not be altered or changed in any manner. Any changes or alterations in the Rewards shall not be retrospective in nature. The Company hereby makes no representation or warranty with regard to any Reward. Please also note that at no point does the Company or the Website come into possession of the Rewards.


3. Use of Jumpstart and Registration


Use and Registration of Jumpstart has been limited to the extent that You must be at least eighteen (18) years of age to be a valid User. If You have already registered on the Website You will not need to register for Jumpstart again and the same registration details will be applicable for Jumpstart. This is necessary to ensure that only those Users use or register on Jumpstart who are capable of entering into legally binding contracts under the Indian Contracts Act, 1872. In case you have not completed eighteen (18) years of age Your use, registration or any transactions related to Jumpstart must be done by your parent or legal guardian. In the event that we have reason to believe that any information provided by You is inaccurate or false, we have the right to terminate Your account and withdraw Your access to, or use of Jumpstart and/or the Website at any point of time We deem fit. You may register on Jumpstart using Your Facebook or Google+ account and the information provided through the same shall be governed by the Privacy Policy.

Currently, we do not charge any User for registration on Jumpstart. In the event that the Company decides to make any changes in this regard, the Company may use email, SMS or update the Jumpstart Terms to notify You of the same. It is Your duty to understand such changes made through any of the aforementioned media.


4. Communication


You may need to communicate with Us through emails or any other mode of communication. When You use Jumpstart or send emails or other data and information You agree and understand that You are communicating with Us through electronic records and You hereby provide your express consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with You by email, Short Messaging Service or by such other mode of communication, electronic or otherwise. It is important that You understand that any such mode of communication, inter alia, helps Us provide You with information that We think You require from time to time. Further, when you communicate with the Project Manager, You expressly consent to the communication You may receive from the Project Manager. We expressly disclaim any liability related to the use of Your personal contact or other details that You may provide to any Project Manager. The Project Manager will need such information in order to provide you with a Reward for contributions.


5. Conduct and Unauthorised Content


Our Policy related to Your conduct while using Jumpstart is governed by the Company as provided under the Terms of Use of the Website found at www.zingohub.com/terms-of-use. Our terms and conditions related to Your exposure to unauthorised content is also governed thereunder.


6. Payments and Refunds


We do make our best effort to ensure that payments made towards Contributions are smooth. In this regard we use payment mechanisms (such as PayU) and other payment gateways of high reputation. We offer payment methods such as Credit Card, Debit Card, Netbanking and any other method that we may permit from time to time. It is important at this point for you to understand that majority of this is not under our control and will be under the control of the bank you choose through which you make such payments. Under no circumstances shall the Company be liable for any loss or failure of transaction which takes place due to errors in internet connectivity, payment gateways or any other reason beyond the control of the Company. However, where such an error does occur please feel free to contact us at info@zingohub.com and we will be happy to assist you in order to rectify such an error as far as possible from our end.

You may also use Zems to make Contributions. The terms of use of Zems are as provided under the Terms of Use of the Website www.zingohub.com/terms-of-use. The amount of Zems that You may use towards Contributions will be provided under the payment options. The Company hereby reserves the right to place restrictions on the number of Zems that may be redeemed towards Contributions.

Users will get a refund of their Contribution in case the Project they are contributing towards fails to achieve its Target. You agree to receive the refund through a couriered cheque, bank transfer or any other mode deemed fit by the Company. In case of a refund, We reserve the right to deduct payment gateway charges and cheque courier charges from the Contribution, based on the mode used by the Company to provide You with a refund.

You are not permitted to be entitled to a refund if a Project that You have contributed to has met its Target. You may however ask for a refund if the Project Manager fails to deliver the Rewards promised to the You in exchange for his contribution. In the event that the Project Manager fails to deliver the Reward, You must notify the Company at info@zingohub.com. On notification, the Company will make best efforts to ensure that the Reward is delivered to You by the Project Manager. Despite the efforts made by the Company in this regard, if the Rewards are not delivered to You, You will be entitled to a refund. However You will not be entitled to a refund hereunder if there is a delay in delivery to You of the Reward cause by unforeseen circumstances or by a Force Majeure event. Further, the Company will not be liable in any manner whatsoever for any delays caused in delivery of the Reward where the Company is making an effort to ensure that the Reward is delivered to You by the Project Manager. Please note that the Company is under no legal obligation to make any effort in this regard. For the purpose of clarification a Force Majeure Event shall be a result of conditions beyond control of the Company or the Project Manager including, but not limited to, natural disasters, war, strikes, fires, floods, Acts of God, or damage and destruction of infrastructure.


7. External Links


The Company permits Project Managers to create links to other websites. Users visit such links at their own risks and the Company disclaims all liabilities in this regard. We urge You to acquaint Yourself with the policies of such other websites before accessing such websites.


8. Termination


The Company reserves the right to terminate Your access to the Website and/or Jumpstart in the event that it has reason to believe that You have violated any Policy of the Company.


9. Terms and Conditions applicable to Project Managers


In addition to the Policies of the Company, Project Managers hereby agree to adhere to the following:

9.1. Project Submission and diligence

In order to get a project selected to be showcased on Jumpstart, a potential Project Manager agrees to undergo a limited diligence exercise conducted by the Company. The Company may ask for submission of certain documents, which will not be unreasonable in any manner. Upon diligence conducted by the Company, it may choose to allow or reject the relevant project to be showcased for Contributions on the Website.

9.2. Fee

The fees charged by the Company to the Project Manager shall be 10% of the aggregate amount of Contributions towards a Project where the Project achieves its Target or any other mutually agreeable ratio.

9.3. Exclusivity

The Project Managers shall not be permitted to run the Project on any other website while it is running on the Website.

9.4. Target and Time Frame

The Project Managers understand and agree that they will not be permitted to alter the Time Frame or the Target at any point of time. Users take into account the details related to the Time Frame and the Target while making Contributions and hence changes in the same are not permitted.

9.5. Use of Contributions

The Project Manager must use the Contributions collected through the Website solely as described to the Users. Project Managers may be liable to legal prosecution by Users if they are found to be using Contributions for inappropriate purposes. We reserve the right to discontinue the Project if it gets any notification of misuse of Contributions or use of Contributions for any purpose other than the stated in the Project, without any notice or discussion to the Project Manager at the Company’s sole discretion.

9.6. Rewards

The Project Manager must offer rewards in exchange for the Contributions. The Rewards may not be profits in the Project or any equity in the Project or treated as a loan towards the Project in any manner whatsoever. Project Managers are permitted to alter the Rewards offered towards Contributions in the Project in an attempt to increase future Contributions. However, when a User has already made a Contribution, the Reward offered to the respective User may not be altered or changed in any manner. Once a Contribution is made, the Project Manager is contractually obligated to give the respective User the Reward promised.


10. Indemnity


The Project Managers agree to indemnify and hold harmless the Company and its directors, officers, employees, representatives, and agents (the “Indemnified Party”) from and against any and all claims, actions, demands, legal proceedings, liabilities, damages, losses, judgments, authorized settlements, costs or expenses, including without limitation reasonable attorneys’ fees, (the “Damages”) arising out of or in connection with any alleged or actual claims related to the use of the Website for showcasing their Projects.

The Users agree to indemnify and hold harmless the Indemnified Party from and against any and all Damages arising out of or in connection with any alleged or actual claims related to the use of the Website and/or Jumpstart.


11. Disputes


While the Company may, at its sole discretion, assist in the settlement of any disputes, inter alia, related to Rewards or Contributions, between Users and Project Managers (which can be raised by email at info@zingohub.com), all such disputes shall arise and be settled solely by and between the Users and the Project Managers.


12. Liability


In no event shall the Company be liable for any direct, indirect, incidental or consequential damage of any kind in connection with the Jumpstart Terms or any other Policy of the Company.


13. Governing Law and Jurisdiction


The Jumpstart Terms are governed by and construed in accordance with the laws of India. Users and Project Managers agree, as We do, to submit to the exclusive jurisdiction of the courts at Bangalore.


14. Updates


The Jumpstart Terms may be updated from time to time at the sole discretion of the Company. To that end, it is the duty of Users and Project Managers to acquaint themselves with the contents of the same.