Welcome to Zupper!
These Terms and Conditions (“Terms”) outline the rules and regulations for using Zupper, operated by Zupper Commerce Pvt. Ltd., located at Property No. 224, Ranka Building, #80/3 Vijinapur Village, Old Madras Road, K Puram, Bangalore, Karnataka 560016, India (“we “, “ us “, or “ our “). These Terms apply to the website a www.zupper.co , including any subdomains, web-based interfaces, or digital platforms operated by us, and govern the use by any person (“ you ” or “ your “) accessing or using Zupper in any manner whether as a buyer, seller, or business partner. These Terms also apply to any current or future services, tools, features, or functionalities offered through the Zupper platform ( “Services(s)” ), and may be updated periodically.

By using the Zupper Plaatform, you agree to comply with these Terms. If you disagree with any part of these Terms, please refrain from using the Zupper Platform. For any questions regarding these Terms, please contact us at (Company Helpline E-mail to be added). Note that your access to the Services, other platforms, or the utilization of Products (defined below) and any offers or promotions related to these Products may also be subject to additional terms and conditions, policies, or guidelines (“Additional Terms“) . In case of any inconsistency between these Terms and the Additional Terms, the Additional Terms will prevail for the relevant Service or Product usage. These Terms govern your use of the Zupper Platform and any transactions or dealings conducted there.

For the Purposes of these Terms:

(a) “Zupper Platform” refers to www.zupper.co, including any of its subdomains, and all associated digital interfaces such as mobile applications, web apps, tablet versions, desktop portals, or any other technology medium and operating system through which the Services are made accessible. This also includes any software, tools, or applications managed and controlled by us that connect with or interact with these platforms.

(b) “Products” refer to the range of products listed on the platform and other products offered for sale on the Zupper Platform.

(c) “Party” means either you or as individually, and “Parties” refer to you and us collectively.

(d) “User” means any individual, entity, or organization accessing or using the Platform.

These Terms are divided into two parts. Please read all parts carefully to understand the conditions applicable to using the Zupper Platform and purchasing Products thereon.

PART A - TERMS AND CONDITIONS FOR USAGE OF ZUPPER PLATFORM

GENERAL :

These terms and conditions (“ Terms of Use “) govern your access and use of the Zupper Platform. The platform allows you to discover, select, and buy products listed on Zupper at the indicated price from the locations we service.

Please note that we may update the Terms of Use periodically. Each time you use the Zupper Platform, please check these Terms of Use to ensure you understand the current terms and conditions. Additionally, we reserve the right to modify the format and content of the Zupper Platform or suspend its operation for maintenance, updates, or any other reason at any time.

By accessing, browsing, or using the Zupper Platform, you agree to these Terms of Use, the privacy policy of Zupper Platform, and any other applicable policies or guidelines (collectively, the “ Agreement “). These may be updated from time to time.

This document is an electronic record in accordance with the Information Technology Act, 2000 and related rules. It does not require physical or digital signatures.

We authorize you to view and access the Zupper Platform solely for identifying products, making purchases, and processing returns and refunds, in line with our Return and Refund policy. We grant you limited, revocable permission to access and use the services.

By accepting this Agreement, you confirm that you are 18 years of age or older, competent to enter into this Agreement, and agree to comply with it. If you are under 18, you must use the Zupper Platform under the supervision of a parent or legal guardian, who agrees to the terms of this Agreement on your behalf. If we learn that a user under 18 is using the Zupper Platform without supervision, we reserve the right to deactivate their account without notice. If you are using the Services on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that the entity accepts this Agreement.

REGISTRATION OF YOUR ACCOUNT

To purchase products on the Zupper Platform and/or use the Services, you must first register on the Zupper Platform. Registration is a one-time mandatory process. You need to register by providing the required documents and information (including KYC Documents) and create a Profile (User’s account). Upon successful registration, you can create a username and password linked to your Profile. These details are non- transferable. Users are prohibited from selling, trading, or transferring their Profiles to others. Our representatives may assist you in creating your account and registering on the Zupper Platform.

You are solely authorized to operate the account created by you. It is your responsibility to maintain the confidentiality of your account login credentials and restrict access to your computer/mobile/other devices to prevent unauthorized access. You remain solely liable for all actions taken through your account.

You must :

(a) Immediately inform us of any unauthorized use of your account or any other security breach;

(b) Ensure you log out of your account at the end of each session. We, our employees, agents, directors will not be liable for any loss or damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred by us or any other user due to unauthorized use of your account. We reserve the right to refuse access to the Zupper Platform, terminate accounts, remove or edit content at any time without notice

COMMUNICATION AND UNSUBSCRIPTION

By accepting the Terms of Use, you agree to receive news, updates, offers, and campaign-related SMS to the mobile phone number you provided. By accessing and using the Zupper Platform and/or verifying your contact number with us, you consent to receive communications (via call, SMS, email, or other digital and electronic means) from us and/or our authorized representatives regarding new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.

You can unsubscribe/opt-out from receiving marketing/promotional communications, newsletters, and other notifications from us at any time by following the instructions in those communications.

DISCLAIMER OF WARRANTIES, INACCURACIES OR ERRORS

We strive to ensure that all information and recommendations, whether related to Products, Services, offerings, or otherwise (hereinafter “Information”), provided on the Zupper Platform are accurate at the time of inclusion. However, we do not guarantee the accuracy of this Information. We make no representations or warranties regarding the completeness or accuracy of the Information.

You agree that the Information is provided on the condition that you will determine its suitability for your purpose before use or making any decisions. No Information on the Zupper Platform constitutes an invitation to invest in us or our affiliates. Use of the Zupper Platform or the Information is at your own risk. Neither we, our affiliates, nor their officers, employees, or agents will be liable for any loss, damage, or expense arising from any access to, use of, or reliance on this website, the Information, or any third-party website linked to the Zupper Platform. We are not responsible for the content of any third-party sites and do not make any representations about the content or accuracy of materials on such sites. Accessing links to third-party platforms is at your own risk and expense.

To assist users in identifying Products, we provide visual representations on the Zupper Platform, including graphics, illustrations, photographs, images, videos, charts, screenshots, infographics, and other visual aids. While we make reasonable efforts to provide accurate visual representation, we do not guarantee or warranty the exactness of such representations or descriptions of the Products. The appearance of the delivered Product may vary for various reasons.

Nothing herein should be construed as a recommendation to use any Product, process, equipment, or formulation that conflicts with any patent. We make no representation or warranty, express or implied, that such use will not infringe any patent.

We do not make any representations or warranties regarding:

The quality, suitability, accuracy, reliability, performance, safety, merchantability, fitness for a particular purpose, or the content (including Product or pricing information and/or specifications) on the Zupper Platform;

The availability of Services at all times; and

That the uninterrupted operation of the Zupper Platform, including the functions contained in any content, information, and materials on the Zupper Platform or any third-party sites or services linked to the Zupper Platform, or that defects will be corrected, or that the Zupper Platform or the servers that make such content, information, and materials available are free of viruses or other harmful components.

THIS ZUPPER PLATFORM AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “WHERE-IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES. WE, ALONG WITH ANY THIRD-PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE, MAKE NO REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWSE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, WITH RESPECT TO THE ZUPPER PLATFORM, THE INFORMATION, OR ANY PRODUCTS OR SERVICES REFERRED TO HEREIN. WE WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE. THIS INCLUDES, BUT IS NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.

Disclaimer - To the extent permitted by applicable law, we, along with our officers, agents, employees, and directors, disclaim any liability for any loss, damage, expenses, liabilities, claims, or injury caused by the failure of performance, omission, defect of products, deletion, interruption, error, delay, virus, unauthorized access, theft, destruction, alteration, or use of records on the Zupper Platform.

The Zupper Platform may be occasionally suspended or restricted to carry out repairs, maintenance, the introduction of new facilities, upgrades, or services at any time without prior notice. Notwithstanding anything to the contrary, we reserve the right to refuse access to the Zupper Platform to new users or to terminate access granted to existing users at any time.

AVAILABILITY AND ACCESSIBILITY OF ZUPPER PLATFORM

We control and operate this Zupper Platform from India and make no representations that the materials and content available on the Zupper Platform are suitable for use or available in other locations outside India. If you use this Zupper Platform from outside India, you are responsible for complying with all applicable local laws. These Terms of Use do not constitute, nor may they be used for, promotional activities or solicitations in any jurisdiction where such activities are not authorized or to any person to whom it is unlawful to promote or solicit.

We have several websites offering Products, Services, content, and various other functionalities to specific regions worldwide. Services offered in one region may differ from those in other regions due to availability, local or regional laws, shipment, and other considerations. We do not guarantee that a user in one region can obtain Services from our site in another region, and we may cancel an order or redirect a user to the site for their region if they attempt to order Services offered on a site in another region.

Information we publish on the world wide web may contain references or cross-references to our Products, programs, and Services not announced or available in your country. Such references do not imply that we intend to announce these Products, programs, or Services in your country. Consult our local business contact for information regarding Products, programs, and Services that may be available to you.

We constantly monitor user accounts to prevent fraudulent accounts and transactions. Users with more than one account or those availing referral vouchers fraudulently shall be liable for legal actions under the law, and we reserve the right to recover the cost of goods, collection charges, and lawyer fees from persons using the Zupper Platform fraudulently. We reserve the right to initiate legal proceedings against such persons for fraudulent use of the Zupper Platform and any other unlawful acts or omissions in breach of these terms and conditions. In the event of detection of any fraudulent or declined transaction, prior to the initiation of legal actions, we reserve the right to immediately delete such accounts and dishonour all past and pending orders without any liability. For the purposes of this clause, we shall not be liable for any refunds.

THIRD PARTY INTERACTION AND LINKS TO THIRD PARTY SITES

When using the Zupper Platform, you may correspond with, purchase goods or services from, or participate in promotions of advertisers, members, sponsors of the Zupper Platform, or access other third-party websites linked to the Zupper Platform. Unless otherwise stated, any such correspondence, advertisement, purchase, or promotion, including the delivery of and payment for goods or services, and any other terms, conditions, warranties, or representations associated with such interactions, are solely between you and the applicable third party. You agree that we are not liable, obligated, or responsible for any such correspondence, purchase, promotion, access, or usage of any third-party website, and the contract remains between you and the third party.

TRADEMARKS

All trade names associated with us and all products and logos marked with TM are trademarks or registered trademarks of us, our affiliates, or have been licensed to us by the trademark owners. The trademarks on the Zupper Platform may not be used with any product or service that is not ours.

LICENSE AND USE OF YOUR CONTENT

You grant us a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, disseminate, transmit, distribute, copy, create derivative works from, display worldwide, or act on any material you post on the Zupper Platform without additional approval or consideration, in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You waive any claims over all feedback, comments, ideas, suggestions, or any other content provided through or on the Zupper Platform. You agree to perform all further acts necessary to perfect any of the above rights granted by you to us, including executing deeds and documents at our request.

You agree that we do not routinely monitor your postings on the Zupper Platform but reserve the right to do so. If we become aware of inappropriate use of the Zupper Platform or any Services, we will respond in any way we deem appropriate. You acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information we receive about such illegal conduct. When requested, we will fully cooperate with law enforcement agencies in any investigation of alleged illegal activity on the internet.

Submissions and unauthorized use of any materials on the Zupper Platform may violate copyright laws, trademark laws, laws of privacy and publicity, certain communications statutes and regulations, and other applicable laws and regulations. You alone are responsible for your actions or the actions of anyone using your username and/or password. You shall indemnify and hold us, our officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all loss, costs, damages, liabilities, and expenses (including attorneys’ fees) arising from or related to any claim or demand from a third party that your use of the Zupper Platform, or the use of the Zupper Platform by anyone using your username and/or password, violates any applicable law or regulation or the rights of any third party.

We reserve the right to terminate access to the Zupper Platform at any time without notice. This limited license terminates automatically, without notice, if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded and printed materials. Any provision of the Terms of Use that imposes an obligation or creates a right that by its nature will survive the termination or expiration of the Terms of Use shall remain valid after termination or expiration.

USER WARRANTIES AND RESTRICTIONS

You represent and warrant that:

(a) Your use of the Zupper Platform and/ or Services will comply with all applicable laws and regulations;

(b) All information you submit to us in connection with the Zupper Platform and/ or Services is true, accurate, and lawful;

(c) The content and material you supply do not violate any applicable agreements and will not cause harm to any person or entity (including that the content or material is not defamatory);

(d) You shall not use our Products and Services for listing, advertising, or sale on other e-commerce platforms. If any information you provide is found to be false or inaccurate, we have the right to reject registration, cancel orders, and restrict you from using the Services and other affiliated services in the future without prior notice. You agree to indemnify us and our affiliates for any claims brought by a third party against us or our affiliates arising from or in connection with a breach of these warranties.

You will use the Zupper Platform for lawful purposes only and will not engage in any activity that is harmful to the Zupper Platform or its content or otherwise not intended through the Zupper Platform. You have a limited license to access and use the Zupper Platform solely for the purpose of availing the Services, subject to these Terms of Use.

You will not:

1. Delete or modify any content on the Zupper Platform, such as information regarding the Services, their performance, sales, or pricing.

2. Use any engine, software, tool, agent, or other mechanism (such as spiders, robots, avatars, worms, time bombs, etc.) to navigate or search the Zupper Platform.

3. Make false or malicious statements against the Services, Zupper Platform, or us.

4. Post, copy, submit, upload, distribute, or otherwise transmit any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage the Zupper Platform and/or Services or any connected network, or interfere with any person’s or entity’s use or enjoyment of the Zupper Platform and/or Services.

5. Introduce any trojans, viruses, any other malicious software, any bots, or scrape the Zupper Platform for any information.

6. Probe, scan, or test the vulnerability of any system, security, or authentication measures implemented by us, or tamper or attempt to tamper with our technological design and architecture.

7. Hack into or introduce malicious software of any kind onto the Zupper Platform.

8. Gain unauthorized access to, interfere with, damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing,” and “griefing” as these terms are commonly understood and used on the internet.

9. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating, or sharing on or through the Zupper Platform any information that:

A. Belongs to another person and to which you do not have any right;

B. Is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, invasive of another’s privacy, hateful, related to or encouraging money laundering or gambling, or otherwise harmful in any manner.

10. Harms minors in any way.

11. Infringes any patent, trademark, copyright, or other proprietary rights.

12. Violates any law in force.

13. Deceives or misleads the addressee about the origin of such messages or communicates information that is grossly offensive or menacing in nature.

14. Impersonates or defames another person.

15. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer resource.

INDEMNIFICATION AND LIMITATION OF LIABILITY

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third-party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Zupper Platform or the Services, violation of these Terms of Use, or infringement of any of our or any third-party intellectual property or other rights. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

APPLICABLE LAW AND JURISDICTION

You agree that in the event of any dispute arising in relation to these Terms of Use or the Zupper Platform, the Parties shall endeavour to amicably resolve such dispute through discussions within 30 (thirty) days from the commencement of the dispute. If the dispute cannot be resolved within this period, it shall be referred to e-arbitration conducted by a sole arbitrator, jointly appointed by the Parties from a panel of available e-arbitrators. All arbitration proceedings may be conducted via internet or any other information and communication technology (including but not limited to video calls, telephone or mobile, fax, and email) beneficially used to resolve disputes. All arbitration proceedings shall be in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English.

The arbitral award shall be final and binding on the Parties, and may include costs, including reasonable advocates’ fees and disbursements.

These Terms of Use shall be governed by the laws of India. Subject to the arbitration process above, the Parties agree to submit to the exclusive jurisdiction of competent courts at Bangalore.

GRIEVANCE OFFICER

In accordance with applicable law, any grievances you may have regarding the information you have shared with us or its treatment, or any grievance related to the Services availed hereunder, may be directed to our grievance officer at the following contact details:

Name: Abhiram Chandaluri

Designation: Grievance Officer

Email Address: engage@zupper.co

FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause beyond our reasonable control.

WAIVER

No provision in these Terms of Use will be deemed waived, and no breach excused, unless such waiver or consent is in writing and signed by us. Any consent by us to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

SEVERABILITY

If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, such provision will be excluded from these Terms of Use, and the remainder will be interpreted as if such provision were excluded and will be enforceable in accordance with its terms. In such an event, these Terms of Use will be interpreted to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent Jurisdiction.

AMENDMENT

These Terms of Use are subject to amendments and modifications and may be updated from time to time without any advance notice. You are requested to regularly review the Terms of Use as available on the Zupper Platform. Your relationship with the Zupper Platform will be governed by the most current version of these Terms of Use, as published on the Zupper Platform.

MISCELLANEOUS

In addition to these Terms of Use, you will ensure compliance with the terms and conditions of third parties, such as bank offers and brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that we will not be liable for any transaction between you and any such third parties.

These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by us for the use of the Zupper Platform. The rights and liabilities concerning any Services provided by us shall be limited to the scope of these Terms of Use.

NODAL OFFICER

Name: Mohammed Irfan

Designation: Nodal Officer

Email Addressv irfan@zupper.co

PART B - TERMS AND CONDITIONS OF SALE ON ZUPPER PLATFORM

The terms and conditions of sale as set out herein (“Terms of Sale”) constitute an agreement between us and you and govern the terms and conditions on which you purchase your Products from us on or through the ZUPPER Platform. By placing an order for any Product with us or by making a purchase of Product, you expressly agree to be bound by these Terms of Sale.

These Terms of Sale are in addition to the Agreement. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

OUR CONTRACT OF SALE

Listing and display of a Product by us on ZUPPER Platform is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on ZUPPER Platform by you is your offer to buy the Product(s) from us.

Once you have placed an order with us for purchase of a Product, you will receive a notification on the ZUPPER Platform and/or an SMS on your mobile confirming receipt of your order and containing the details of your order (the “Order Confirmation” ). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.

We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and a notification is sent on ZUPPER Platform and/or an SMS to your registered mobile number is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation” ). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever.

If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.

Any communication from us shall be sent only to your registered mobile number and/or email address or such other contact number or email address that you may designate, for any particular transaction. You shall be solely responsible to update your registered mobile number and/or email address on the ZUPPER Platform in the event there is a change. Further, we may also send you notifications and reminders with respect to scheduled deliveries of the purchased Products. While we shall make every endeavour to share prompt reminders and notifications relating to the delivery of purchased Product(s) with you, we shall not be held liable for any failure to send such notifications or reminders to you.

All orders placed on ZUPPER Platform are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.

You hereby represent, warrant and undertake that You shall not use the Products purchased from ZUPPER Platform for personal use, and that all such Products shall only be utilised for onward sale to end consumers.

You represent and warrant that You shall not list/advertise/sell any Product, online on e-commerce platforms, whose intellectual property is with us or our affiliates. Any unauthorized listing/advertising/ sale of such Products amount of infringement and You agree to indemnify, defend and hold harmless us, our affiliates, officers, directors, employees, consultants, agents, and representatives from and against any and all claims, losses, liabilities, and/or damages, (including reasonable attorney fees and costs) arising from your violation of these Terms of Sale or other rights us.

You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.

RETURN AND REFUND

Please review the Returns Policy and Refund Policy of the Zupper Platform, which applies to Products sold by us.

LIST OF RESTRICTED/PROHIBITED PRODUCTS

Zupper does not permit the hosting of the following items:

1956. Securities: Including shares, bonds, debentures, and other financial instruments/assets as defined by the Securities Contract Regulation Act, 1956.

1957.Living or Dead Creatures: Any part of animals, whether preserved naturally or artificially, including rugs, skins, specimens, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, and other animal products restricted by applicable laws (including those under The Wildlife Protection Act, 1972). 1. Weapons: Firearms, ammunition, knives, brass knuckles, gun parts, and other armaments.

2. Psychotropic Substances and Narcotics: Intoxicants, medicines, and palliative/curative substances. Tobacco and Cigarettes: Including cigars, chewing tobacco, and related products.

3. Alcohol: Including beer, liquor, wine, and champagne.

4. Drugs and Drug Paraphernalia: Illegal drugs and accessories, including herbal drugs like salvia and magic mushrooms.

5. Prescription Drugs or Herbal Drugs: Any products requiring a prescription by a licensed medical practitioner.

6. Religious Items: Books, artifacts, and other items likely to affect religious sentiments.

1972. Antiquities and Art Treasures: In violation of the Antiquities and Art Treasures Act, 1972.

1973. Adult Goods and Services: Sexually suggestive materials, escort or prostitution services, and access to pornography or illegal sites.

1974. Body Parts: Including organs or other body parts.

1. Child Pornography: Pornographic materials involving minors.

2. Copyrighted Media: Unauthorized copies of books, music, movies, and other licensed or protected materials.

3. Copyrighted Software: Unauthorized copies of software, video games, and other licensed or protected materials, including OEM or bundled software.

4. Counterfeit and Unauthorized Goods: Replicas or imitations of designer goods, fake autographs, counterfeit stamps, and other unauthorized goods.

5. Endangered Species: Plants, animals, or other organisms (including product derivatives) in danger of extinction.

6. Gaming/Gambling: Lottery tickets, sports bets, memberships in online gambling sites, and related content.

7. Hacking and Cracking Materials: Manuals, how-to guides, information, or equipment enabling illegal access to software, servers, websites, or other protected property.

8. Illegal Goods: Materials, products, or information promoting illegal goods or enabling illegal acts.

9.Offensive Goods: Literature, products, or materials promoting intolerance or hatred, defaming or slandering individuals or groups, or inciting violence.

10. Offensive Goods Related to Crime: Crime scene photos or items associated with criminals.

11. Pyrotechnic Devices and Hazardous Materials: Explosives, fireworks, toxic, flammable, and radioactive materials.

12. Regulated Goods: Airbags, mercury-containing batteries, Freon, chemical/industrial solvents, government uniforms, car titles, license plates, police badges, lock-picking devices, pesticides, postage meters, recalled items, slot machines, surveillance equipment, and other regulated goods.

13. Wholesale Currency: Discounted currencies or currency

14. Non-Compliant Products or Services: Any product or service not in compliance with applicable laws and regulations.

15. Ambiguous Businesses: Businesses operating under unclear or ambiguous laws (e.g., web-based telephony, online pharmacies).

16. Banned Businesses: Businesses outrightly banned by law (e.g., betting and gambling, lotteries, sweepstakes).

PRODUCT AVAILABILITY

We provide availability information for Products on the relevant webpage of the Zupper Platform. Beyond what is stated on that webpage or elsewhere on the Zupper Platform, we cannot offer more specific details about availability. Please note that dispatch estimates are not guaranteed and should not be relied upon as such. As we process your order, you will be informed by email and/or SMS if any Products you order are unavailable or out of stock.

PRODUCT PRICING

All prices are listed in Indian Rupees. Prices, as displayed, are excluding applicable taxes unless stated otherwise on the Zupper Platform.

Products in your shopping cart on the Zupper Platform will reflect the most recent price displayed on the Product’s information webpage. This price may differ from the price shown when you first placed the Product in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible for a Product’s price to decrease between the time you place it in your shopping cart and the time you place the order. The prices mentioned at the time of ordering will be the prices charged on the delivery date.

LICENSES

You acknowledge that certain Products may require licenses or permissions under applicable laws. You are solely responsible for obtaining such licenses or permissions and complying with their terms.

TAXES

You are responsible for paying all fees, costs, and charges associated with the purchase of Products from us and agree to bear any and all applicable taxes.

ELIGIBILITY

Only individuals who can legally enter into contracts under the Indian Contract Act, 1872, i.e., persons 18 years of age or older, of sound mind, and not disqualified from contracting by any law, can use the Zupper Platform and place orders with us. If you are a minor (under 18 years of age), you may purchase Products on the Zupper Platform only with the involvement of a parent or guardian.

LIMITATION OF LIABILITY

In no event shall our aggregate liability, if any, proven and ordered by a court of competent jurisdiction pursuant to a claim by you or someone on your behalf, extend beyond the amount charged for the purchases made under the order in which such liability has arisen. We will not be responsible for any business loss (including 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 the contract for the sale of Products was formed.

AMENDMENTS

We reserve the right to make changes to our policies and these Terms of Sale at any time. You will be subject to the policies and Terms of Sale in effect at the time you order a Product from us, unless a change to those policies or these Terms of Sale is required by law or government authority, in which case it will apply to orders previously placed by you. If any of these conditions is deemed invalid, void, or unenforceable, that condition will be severable and will not affect the validity and enforceability of any remaining condition.

FORCE MAJEURE

We will not be held responsible for any delay or failure to comply with our obligations if the delay or failure arises from any cause beyond our reasonable control.

WAIVER

No provision in these Terms of Sale will be deemed waived and no breach excused unless such waiver or consent is in writing and signed by us. Our consent to, or waiver of, your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

GOVERNING LAW AND DISPUTE RESOLUTION

You and we shall endeavour to amicably resolve any dispute or difference arising out of or in relation to this Agreement (“Dispute”) within 15 (fifteen) days from the commencement of such Dispute through discussions. If the Dispute cannot be resolved within this period, it shall be referred to e-arbitration conducted by a sole arbitrator jointly appointed by you and us from a panel of available e-arbitrators. All arbitration proceedings may be conducted via internet or any other information and communication technology (including but not limited to video calls, telephone, mobile, fax, and email) beneficially used to resolve disputes. All arbitration proceedings shall be in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The language of arbitration shall be English. The arbitral award shall be final and binding on the Parties and may include costs, including reasonable advocates’ fees and disbursements.

Subject to the arbitration clause above, the Parties agree to submit to the exclusive jurisdiction of competent courts in Bangalore, India.

MISCELLANEOUS

Anti-Corruption/Anti-Bribery: Both parties will comply with all applicable anti-corruption laws, including but not limited to the Indian Penal Code, 1860 and the Prevention of Corruption Act, 1988. Neither party will, directly or indirectly, offer or pay anything of value (including gifts, travel, entertainment expenses, and charitable donations) to any government official or employee, government agency, political party, public international organization, or any candidate for political office, with the intent to (a) improperly influence any act or decision to benefit the business interests of the other party, or (b) otherwise improperly promote the business interests of the other party, in violation of applicable laws. Neither party will retaliate against anyone who, in good faith, reports a possible violation of this section or refuses to participate in activities that violate this section, to the extent prohibited by applicable law.

Right to Audit and/or Examine Records: We reserve the right, at our expense, to audit or examine any records, invoices, and other data or documents necessary to verify your compliance or non-compliance with this Agreement. You agree to maintain such records during the term of the Agreement and for a period of 8 (eight) years after its expiration or termination.

In addition to these Terms of Sale, you must also comply with the terms and conditions of third parties, such as bank offers and brand promotional offers, whose links, if any, are embedded in the Terms of Use.

These Terms of Sale supersede all previous oral and written terms and conditions (if any) communicated to you by us regarding the purchase of Products.

CREDITS

The Terms and Conditions for the Zupper Platform have been thoughtfully formulated by Zupper Commerce Private Limited to ensure a transparent and comprehensive framework governing the use of our platform and services. These Terms and Conditions are designed to provide a clear understanding between Zupper and its users regarding their rights and responsibilities.

Key Contributors:

Zupper Commerce Pvt. Ltd. Legal Team: Responsible for drafting and reviewing the legal terms to ensure compliance with applicable laws and regulations.

Compliance and Regulatory Experts: Ensuring that the terms align with all relevant laws and industry standards, including the Indian Penal Code, 1860, the Prevention of Corruption Act, 1988, and other applicable regulations.

Product and Service Managers: Providing insights into the operational aspects, product listings, and service functionalities to ensure the terms cover all practical aspects of using the Zupper Platform.

Sections Covered:

1. Introduction: Overview and fundamental guidelines for using the Zupper

2. Registration of Your Account: Details on the registration process, user responsibilities, and account maintenance.

3. Usage of Zupper Platform: Terms of use, platform access, and Communication and Unsubscription: User communication preferences and unsubscription processes. Disclaimer of Warranties, Inaccuracies, or Errors: Disclaimers regarding the accuracy and completeness of information provided.

4. List of Restricted/Prohibited Products: Detailed list of items not permitted on the Zupper Platform.

5. Availability and Accessibility of Zupper Platform: Service availability, regional compliance, and fraud prevention measures.

6. Third-Party Interaction and Links: Terms of interaction with third-party advertisers and linked websites.

7. Trademarks and License: Use of trademarks and user content on the User Warranties and Restrictions: User commitments, prohibited activities, and content guidelines. Indemnification and Limitation of Liability: User indemnity obligations and the extent of our liability.

8. Governing Law and Dispute Resolution: Procedures for resolving disputes and applicable legal jurisdiction.

9. Miscellaneous: Anti-corruption and anti-bribery compliance, audit rights, and other general terms.


Special Thanks

To our dedicated team of legal and compliance professionals for their meticulous work in drafting these terms.

To our product and service managers for their valuable input and For any questions or further clarifications, users can contact our Nodal Officer or Grievance Officer as mentioned in the respective sections.

Thank you for choosing Zupper. We are committed to providing you with the best services while ensuring compliance with all applicable laws and regulations.

Contact Us

If you have any questions or concerns about these Terms, please contact us at:

Zupper Commerce Private Limited
Old Madras Road, KR Puram
Vijinapur Village, 3rd Floor
Bengaluru, Karnataka 560016
India

Email: legal@zupper.co