Zingoy.com Terms & Conditions

Please read the following terms and conditions very carefully as your use of services on our website www. zingoy.com ('our Website') is subject to your acceptance of and compliance with the following terms and conditions.

Before using our services, you must read the Terms of Use given below. If you do not agree to be bound by the terms and conditions, you may not use our services or subscribe to our services. By using our services you agree that you have read, acknowledged and confirmed the terms and conditions contained herein and those that may be included and agree at all times to be bound by them.

The term “Zingoy.com” is used through this entire “Terms of Use” document to refer to our Website, its officers, directors, employees, agents or representatives. Unless the context otherwise requires, in relation to any section of this document/agreement, all references to 'we', 'us', and 'our' are to Zingoy.com.

INTRODUCTION

Zingoy.com is a platform that allows its’ Registered Users (hereinafter also referred to as ‘Users’) on www.zingoy.com (hereinafter also referred to as ‘the website’ or ‘Zingoy’), to claim cashback on their as well as their friends shopping.

HOW DOES ZINGOY.COM WORK?

Zingoy partners with over 500 Merchant stores (hereinafter referred to as ‘Merchant/s’) associated and registered with it on the Zingoy platform. “Merchant” for the purpose of this Terms of Use document shall refer to any provider of products and/or services, online and who is a part of the Zingoys’ network.

To earn cashback, all the User needs to do is create an account with the website and use the Zingoy link for their purchases. Once the tracked purchase is confirmed by the Merchant (‘validated transaction’), the User will be entitled to receive the cashback in their account.

Zingoy.com in this regard provides the following services to its registered users -

• Zingoy account gives the User a detailed insight on a single dashboard of his earnings via Zingoy & top offers & stores on Zingoy.
• Zingoy directly connects users with Merchants, without the Users having you to apply for each Merchant individually.
• All links generated by the Users from their account would automatically be converted into affiliate links.
• Users will not be required to contact multiple Merchants or affiliate networks for confirmation or record of any actual purchase made or commission pay out, in case of multiple purchases made by the Users from the Merchant’s Website.
• Zingoy.com shall manage the User’s account and by keeping an up-to-date record of actual purchases made by the Users’. On claiming the cashback, Zingoy.com directly transfers the validated cashback amount to the Users bank account provided on Zingoy or allows the User to claim the cashback by way of gift vouchers.

Zingoy also provides cashback on download of Merchant Mobile Application (‘Merchant App’) from the play store. The eligibility of cashback on Merchant App download is available on individual Merchant Store Page. The cashback will be validated based on the details provided by Merchant in this regard. Zingoy will in no way be responsible in case of untracked transactions for App download.

The total amount of cashback earned by a User from shopping on Merchant website or by purchase of Vouchers on Zingoy or amount earned as referral bonus will be reflected as Zingcash in their account on validation.

The aforementioned services (“Service”) provided by Zingoy.com shall be subject to adherence by the User of the terms and conditions of this Terms of Use document, which may be updated by Zingoy.com from time to time. Zingoy does not notify its Users about the changes to the Terms of Use document. Hence, We advise you to revisit the link “Terms of Use” on our Website periodically, to stay abreast of any changes that we may introduce. No knowledge of the update shall not be an excuse for not adhering to the updated Terms of Use.

A. Cashback Service:

Our Cashback Service allows registered on Zingoy.com website to create an account with Zingoy.com to earn cashback on tracked purchases from Merchant websites. To qualify for cashback, the Merchant must confirm that the User's purchase is tracked, genuine and successful for Zingoy.com to process the cashback for the transaction.

B. Purchase of Vouchers on Zingoy:

Zingoy permits its users to purchase vouchers available on Zingoy.com (linked via Voucher Providers’ API). Users can use the validated cashback money (i.e. Zingcash) earned on Zingoy for the purpose of purchasing vouchers on Zingoy.com. Vouchers can also be purchased using the PayUbiz payment gateway on Zingoy.

C. Buying and Selling of e-gift vouchers on Zingoy:

Zingoy provides a platform for the sale and purchase of unused e-gift card(s) held by individuals. A person intending to sell his / her unused e-gift card can register on Zingoy & post the details of the cards to be sold. Zingoy permits sale of e-gift cards only for the Merchants associated with Zingoy. You have to be registered on Zingoy as buyer/seller in order to buy/ sell gift cards.

D. Refer a friend and earn:

Zingoy rewards referee on signing up and completing the earnings of Rs 200 from “Earn Cashback” Store transactions. Zingoy will reward the existing user with 10% cashback of his each and every friends earning from “Earn Cashback” Store transactions. On ‘Refer a friend’ page here, Zingoy will provide its select users (‘existing users’) with a unique code & link (‘referral code’). Users are required to share the referral code with their friends. Existing user will receive the referral bonus only when the new user signs up using the referral code or referral link of the existing user. The amount so earned will be added to the existing user’s Zingcash account.

HOW DO YOU USE ZINGOY.COM?

On successful registration of the User with Zingoy, the User would get automatically connected to all the Merchants associated with Zingoy, without the User having to individually apply to each such Merchant. The Zingoy account provides the User with the details of revenue earned by the User during a particular period from each Merchant.

For using the services offered by Zingoy, the User will be required to ensure that the links are correctly generated from their Zingoy account and the purchase is made using the affiliate link generated. For details regarding the Dos’ and Donts’ to be followed by the Users, please refer to the Section titled 'Responsibility of Users' in this Terms of Use document.

Presently, Zingoy has more than 600 Merchants associated and registered on its platform. Zingoy enables Merchants to get access to an army of Users registered with Zingoy, thereby resulting into great inbound clicks and quality traffic, which in turn, would lead to higher conversions and sales on Merchant websites.

REGISTRATION, ELIGIBILITY AND USER ACCOUNT

In order to use our Service you must be a registered on our website. You may complete the registration process at http://zingoy.com/sign-up. Zingoy would require the following information from you in order to register you on the Zingoy network:

• Name
• E-mail id
• Password

You must be at least 18 years of age to use the Services offered by us. If you are below 18 years of age, you are strictly prohibited from registering on our Website or doing any act which leads us to believe that you are 18 years of age or above. If you are the parent or guardian of a child under 18 years of age you, provide your consent to your child’s registration with our Website and you agree to be bound by the terms and conditions of this “Terms of Use” in respect of their use of our Website. By using the Services in any manner, you are agreeing to comply with the Terms of Use contained herein.

Certain sections or pages of this Website may contain separate terms and conditions, which are in addition to these Terms of Use. We recommend that you read those additional terms and conditions carefully. By accessing such sections or pages, you agree to be bound by those additional terms and conditions. In the event of a conflict, those additional terms and conditions will govern your use of those specific sections or pages.

The information and materials on our Website may contain typographical errors or inaccuracies. Zingoy reserves the right, in its sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials on this Website and to suspend and/or deny access to this Website or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.

We understand your concern about your personal information. To know in detail about our practices in relation to securing confidentiality of the information that we collect from you, please read our “Privacy Policy” section on our Website. Zingoy will evaluate all registration applications for suitability to receive access to the Service in its sole discretion and will inform the Users via email, if the registration application has been approved.

You will be responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Zingoy of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Zingoy cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.

ACCESS TO ZINGOY.COM

Access to Zingoy through your computer/laptop as well as Zingoy applications and the software designed to support your tablet or other similar devices has been provided to give you ready and convenient access to Zingoys’ services by way of updates, notifications, news, etc., as it may not be possible for you to have continued access to Zingoy through your computer device. All rights, privileges, property and Intellectual Property contained in the software designed for such downloadable applications shall at all times remain the sole and exclusive property of Zingoy. You will not be authorized to copy, reproduce or license the rights contained therein or create similar software by unauthorized use of the source code/object code contained in the software or run a similar program to support other applications on your/third party’s mobile/cell phone/tablet or other communication device.

SYSTEM ERRORS

As a result of high internet traffic, transmission problems, system capacity limitations, and other problems, you may, at times, experience difficulty accessing the Zingoy Website or communicating with Zingoy through the internet or other electronic or wireless device. Any computer system or other electronic/mobile device used to access the Zingoy Website can experience unanticipated outages or slowdowns, or have capacity limitations. Your uninterrupted and satisfactory use of our Website shall to a great extent depend on your internet service provider, uninterrupted internet connection on the computer /Laptop or data network/ Wi-Fi Connection on your mobile/cell phone/tablet. Zingoy does not guarantee continuous, uninterrupted or secure access to its Website.

Zingoy does not guarantee that any content deals, postings, messages, text, files, photos, videos, comments, images, or any such material ("Content") posted on our Website will be free from viruses that may have contaminating or destructive elements. Any Content may be downloaded/ used by you solely at your own risk and discretion. Zingoy shall not be liable for any harm whatsoever, caused to your computer system or loss of any data resulting from the download of such data/content. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety and reliability of the Content.

As you are aware that Zingoy does not directly source or sell the products and services offered on the Website, the modus operandi for purchasing a particular deal, voucher or merchandise would be that Zingoy will direct you to the web domain of that particular brand/merchant chosen by you and you will be required to follow the instructions for making the payment on such webpage through your credit/debit/. Your purchase activity may at times be interrupted due to faulty internet connection, or other electronic or wireless device, slowdowns or capacity limitations in the electronic/mobile device, or the web domain of the website to which you are re-directed to enable the payment gateway. It is expressly clarified that Zingoy is not and shall not be responsible for any loss, damage or liability incurred by you including but not limited to incorrect or higher amount charged to your account/debited, password invalidated, non-acceptance of card, amount charged or debited more than once, etc. Your payment concerning merchandise purchased shall at all times be governed by the terms and conditions of the brand/merchant from whom such purchase is made and we encourage you to refer to, read and fully understand the same before making a purchase.

Additionally, security of your credit/debit/, net banking password or other unique payment password, bank account number, or other bank account details (“Bank account details”) vis-a-viz. your purchase order shall also be governed by the terms and conditions of the brand/merchant from whom you purchase a particular product or service. Zingoy shall not be liable for (i) any harm whatsoever that may be caused to your computer system due to faulty internet connection or any reason whatsoever that refrains you from successfully rendering the payment (ii) loss or misuse of the Bank account details shared by you on such website due to any reason whatsoever (iii) incorrect amount charged to your account or (iv) failure by the respective brand/merchant to refund any extra amount charged to your account. It shall be your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) on your computer, laptop, mobile, tablet or any other device connecting you to our Website to satisfy your requirements as to the safety of your Bank account details. We suggest that you exercise care and caution before sharing your Bank Account details on any web domain.

USER AND THIRD PARTY WARRANTY AND REPRESENTATION

By using this Website, you understand and accept that all the Content and the authenticity of such Content posted on our Website pertains to third Party Merchants, or is linked with their Service, is the sole responsibility of the person /user from whom such Content has originated. Zingoy cannot control and would not be responsible for any Content posted on the third party Merchant Website or any content posted by the Users on their websites/ blogs or any of the social networking website.

You hereby undertake and agree that you shall adhere to your ethical responsibility of not posting any offensive, indecent, inaccurate, bogus, misleading or otherwise objectionable Content. The Users further warrant that to the best of their knowledge, no action, suit, proceeding, claim or investigation has been instituted, initiated or threatened to be instituted or initiated against any Content posted thereby.

Zingoy hereby disclaims any loss, claim, damage or liability(ies) of any kind incurred by you as a result of use of the Content posted, emailed or otherwise made available via the Service. You agree and confirm your awareness that we shall not be responsible for any loss, claim, damages or liability incurred by you which may arise as a result of the Content posted by you or through your account.

ZINGOY TO THIRD PARTY CONTENT

The Zingoy Website and Content available through the Services may contain features and functionalities that may link you or provide you access to third party content and web domains, which is completely independent of Zingoy, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

We have included links to these websites to provide you with access to information and services that you may find useful or interesting. We have not, reviewed, evaluated or approved these sites and we are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. Use of this website is purely your discretion and decision and nothing contained on the Website or herein shall be deemed to construe as shopping advice or inducement to shop a particular brand or use a particular shopping platform. The inclusion of any linked site does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by Zingoy of any information contained in such websites and the content therein is merely an offer and not a recommendation to buy or sell any products or services.

Your interactions with organizations and/or individuals found on or through the Services, including the payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. Further, it may be noted that the validity of any particular offer / deal will be at the discretion of the Merchant providing the offer / deal. The Merchant may at its discretion discontinue the offer / deal and Zingoy will in no case be liable for any loss to the user for any such discontinuation. We suggest you to exercise care and caution before using any content of such websites or before posting your personal or other information on such websites. For the said purpose you may read the ‘privacy policy’ section and ‘terms of use’ section of such websites for details concerning such websites.

Zingoy shall not be responsible or liable for any loss, claim, damage or liability of any nature incurred by you as result of your dealings with third party web domains and/or using any payment gateways associated with them. Zingoy shall not be a party to any dispute which may arise between participants on this site, or between users and any third party. In the event of such a dispute arising, you hereby release Zingoy, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any manner related to such disputes and/or our Services.

You hereby indemnify and keep indemnified, saved, defended and harmless on full indemnity basis Zingoy and all persons claiming under Zingoy (“Indemnified Persons”), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands causes of action, judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may allegedly arise out of, in whole or in part from:

• 1. Use Of Such Websites;
• 2. Misuse Of Any Data Or Personal Information Fed By You Or Any Content Posted On such Website By Any Person;
• 3. Loss/Damage Caused To You As A Result Of Faulty/Defective Product Delivered To You Or Change In Specification Of The Product Delivered;
• 4. Bogus Or Unauthentic Deal Chosen By You Or Withdrawn By The Merchant/Brand After Opting For Such Deal;
• 5. Infringement By You Of Intellectual Property Rights Of Such Third Party Web Domains;
• 6. Loss/Damage Caused To You As A Result Of Mis-Representations Made By A Particular Brand Or Merchant;
• 7. Any claims Against You Alleging Mis-Use Or Unauthorised Usage Of Information/Data Available On Third Party Brands/Merchants Linked To Our Website;
• 8. Disputes Arising Between (I) Participants On This Website And/Or (Ii) Users Of Our Website And Any Third Party;
• 9. Decision With Respect To Such Dispute Made By Any Authority(ies).

THIRD PARTY DEALINGS

Deals offered or proposed may be offered to you by Third Party Merchants on our Website. Your continued usage of our product/service shall be deemed to be an acknowledgement of our offer made to you in this regard. Any loss, harm or damage caused or any expenditure caused or incurred in this regard shall not be attributable to Zingoy.

You may conduct whatever investigation you deem necessary and/or appropriate before proceeding with any online or offline transaction with any of these third parties. Please note that Zingoy only provides the links to products on third party websites; therefore it cannot and would not be held responsible if the product chosen by you is out of stock on the third party site.

In addition to the above, it may be noted that we are not a party to any transactions with Merchants, and are not the seller or supplier of any of the goods or services that they make available. Thus we do not have any of the legal obligations that apply to the sellers of those goods or services.

Accordingly, we have no control over or responsibility for:

• a. the quality, safety, or legality of those goods or services provided by the Merchant/s; or
• b. Ability of the Merchant/s to supply the good or the title to any goods or provide any services.
• c. Inability of the Merchant/s to provide any service or after-sale services promised at the time of delivering the goods or providing the services
• d. Any other transaction entered into between the User and the Merchant

Members should exercise no lesser degree of caution in entering into transactions with the Merchants than they would when entering into a similar transaction offline. To the extent that the Applicable Law permits, you release Zingoy, our agents and employees from all liability arising out of or in connection with any transactions with the Merchants, including (without limitation) all claims and demands relating to uncompleted or completed transactions with Merchants, or goods or services offered for sale or supply, or actually sold or supplied, through or in connection with any transactions with Merchants.

CONTENT AND ITS INTENDED USE

We may change the format and content of the Zingoy website from time to time. You agree that your use of the Zingoy Website and its products and services is on an 'as is' and 'as available' basis and at your sole discretion and risk.

We do not accept any liability for any loss or claims arising from:

• 1. Any Purchase Made; Or
• 2. Any Loss, Damage Or Harm Caused Due To Action Taken Upon Any Advice Provided/Posted On The Website.

RESPONSIBILITY OF USERS

You understand and acknowledge your moral responsibility vis-à-vis the content posted by you on any platform, bearing in mind your association with Zingoy and hence with the affiliate Merchants registered with Zingoy.

You hereby agree to not post, or otherwise make available any content through the links shared:

• i. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another's privacy, or is harmful to minors in any way;
• ii. that harasses, degrades, intimidates or is hateful towards an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• iii. that includes personal or identifying information about another person without that person's explicit consent;
• iv. that is false, deceptive, misleading, deceitful, mis-informative, or constitutes bait and switch;
• v. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
• vi. that constitutes or contains ‘Affiliate Marketing’, ‘Link referral code’, 'junk mail,' 'spam,' 'chain letters,' 'pyramid schemes,' or unsolicited commercial advertisement;
• vii. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law in India or any of its constituent states;
• viii. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• ix. that disrupts the normal flow of dialogue with an excessive amount of content (flooding attack) to the Service, or that otherwise negatively affects other users' ability to use the Service; or
• x. that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.
• xi. that which is otherwise prohibited under law or is against the public policy.

In addition, you also agree not to:

• 1. make or attempt to make unsolicited contact with any of the Merchants’ for any purpose whatsoever without the prior written permission of Zingoy;
• 2. "Stalk" Or Otherwise Harass Anyone;
• 3. collect personal data about any of the Merchants’ in the Zingoy’ network or 'stalk' or otherwise harass any such Merchant;
• 4. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by Zingoy;
• 5. Post Non-Local Or Otherwise Irrelevant Content, Repeatedly Post The Same Or Similar Content Or Otherwise Impose An Unreasonable Or Disproportionately Large Load On Our Infrastructure;
• 6. attempt to gain unauthorized access to Zingoy's computer systems, servers or engage in any activity that disrupts, diminishes the quality of, or interferes with the performance of, or impairs the functionality of, the Service or our Website;
• 7. remove or change any content on the Zingoy domain or attempt to circumvent security or interfere with the proper working of the Zingoy domain or any servers on which it is hosted;
• 8. misuse the login passwords or misuse any other information or content on the Zingoy website;
• 9. damage, disable, overburden, or impair the Zingoy website or service or interfere with any other party's use and enjoyment of any Zingoy website or service.
• 10. gain unauthorized access to Zingoy Website or Service, computer systems or networks connected to any Zingoy website or Service, through hacking, password mining or any other means.
• 11. create links to our Website from any other website, without our prior written consent;
• 12. frame or replicate the home page of Zingoy website containing such content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes the Intellectual Property Rights of Zingoy or rights of any third party;
• 13. misuse, replicate or copy the source code and the object code contained in the computer program of the Zingoy website;
• 14. carry out any fraudulent activity on Merchant website to claim cashback on Zingoy or doing any other unauthorised activity on Merchant website with or without the intention of obtaining cashback from Zingoy.
• 15. refer self / family members or creating multiple ids on Zingoy using different email ids with the intention to extort referral bonus / joining bonus or any other form of payment from Zingoy .
• 16. otherwise do anything that it is not expressly permitted by the terms of this “Terms of Use” document.

You will be solely responsible for all matters related to the content, operation and maintenance of your account, including, but not limited to

• i. any purchase made by your friends through links posted by you or any loss, damage or harm caused due to such purchase made or action taken upon by virtue of the advice posted by you.
• ii. inconvenience caused to your friends/prospective buyers by reason of any broken links shared by you.

You also represent and warrant that you shall comply with all rules, regulations and guidelines applicable to your operation and use of our Service.

The User hereby indemnifies and keeps indemnified, saved, defended and harmless on full indemnity basis Zingoy and all persons claiming under Zingoy (“Indemnified Persons”), from and against all losses and/or damages arising as a result of any notices, proceedings, litigations, claims, penalties, demands, causes of action, judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may allegedly arise out of, in whole or in part from, breach by the User, directly or indirectly, of the obligations and conditions contained in this Clause and the terms of use document.

MERCHANTS

Zingoy has a wide network of Merchants who enter into affiliate programs with our registered Users. Our Merchants remunerate us for managing their affiliate network and generating sales generated through links posted by our registered Users. By using our Service you hereby understand and acknowledge that:

• i. Zingoy uses its sole discretion in determining which Merchants it will be affiliated with it;
• ii. While, Zingoy makes the best attempt to provide its users with the biggest pool of Merchants online, Zingoy uses its sole discretion in determining the number of Merchants that will be affiliated with it. Users can view the Merchants associated with it using the ‘Stores’ section on the dashboard;
• iii. Merchants determine the basis of their commission structures payable and Zingoy accordingly determines the component payable to its Users. The Merchants may change, modify or renew their commission structure. The amount payable to you in this regard by Zingoy or the pay-out structure initially agreed upon may also undergo change or modification, at the sole discretion of Zingoy. Such change will be notified to you by email. For details regarding the commission and payment structure, please refer to Section “Commission and Payments” of this Terms of Use document.
• iv. Merchants may terminate their involvement in the Service (generally or solely with respect to a specific User) at any time. Zingoy will have no control over or any liability in connection with any Merchant's decision to do so.
• v. Merchants may at any time send Zingoy a notice requesting that their links or references be removed or deactivated with a particular User. Such dis-association by the Merchant shall be communicated to you.
• vi. A Merchant may with or without any prior intimation to Zingoy, opt out of Zingoys’ affiliate network or may altogether cease to carry on its operations. Such dis-association by the Merchant shall be communicated to its Users, if the same has been duly intimated to Zingoy. Zingoy shall in no event be liable for loss of profits, loss of business, depletion of goodwill, loss of anticipated saving, notional loss of profits or similar losses by reason of failure by Zingoy to intimate its Users of such dis-association. The commission and pay-outs in such an event shall be dealt with in the following manner;
• vii. Notwithstanding referrals converted into actual sales through the User’s account, nothing contained herein would render Zingoy liable to pay any commission to its Users, if such pay-outs have not been duly paid by the Merchant to Zingoy or if the amount has been paid by Merchant and later on recovered from Zingoy or if Zingoy has reason to believe that such outstanding commission is no longer recoverable from the Merchant(s). Zingoy shall also not be liable for any loss, harm, liability or damage suffered by the User, directly or indirectly, in this regard.

By using our Service you understand and acknowledge that the pay-out structures of each of our Merchants vary and are subject to different payment policies. Modifications (if any) which may be introduced in your pay-out structure could arise out of a subsequent change in a Merchants’ payment policy which is at their sole discretion Nothing contained herein would obligate Zingoys’ involvement in any dispute arising in this regard, in any manner whatsoever.

PAYOUTS

At Zingoy we follow a simple and a transparent payment mechanism. We collect and aggregate all commissions due to you, from one or various Merchants. We pay you on account of links converted into actual purchases through your account. You can always see your payouts on logging in on your ‘Dashboard’ of your Zingoy account.

Zingoy manages your affiliate links and takes care of your pay outs with each such Merchant. We follow the Net60 payment cycle. Zingoy would collect and aggregate all your commissions, due from our Merchants, and pay you your share at the end of 60 days (two months). We make payments via Direct bank transfer and by way of vouchers.

Payments by way of direct bank transfer

Once you have crossed the threshold limit of Rs. 100 as aggregate Zingcash, you would be entitled to receive the money from Zingoy in a given payment cycle. In case you opt to claim the cashback earned by you in your Zingoy account by way of a direct bank transfer, you would be required to opt for that method while claiming cashback. Once the User opts for cashback by way of direct bank transfer, the cashback amount would be transferred to the ‘active’ bank account as provided in the Zingoy User account. Users are required to mention the correct bank account details in their Zingoy registered User account and also to mark the correct account as ‘active’ account. Zingoy will not be responsible in any manner in case the cashback amount is transferred to an incorrect account due to incorrect bank details provided by the User. Users are required to deposit the necessary taxes, applicable if any, with the Government on the amount paid by Zingoy. Zingoy will in no way be responsible in case of non-payment of statutory tax liability by the respective User.

Purchase of gift vouchers

Alternatively, Users can also use the amount of cashback earned (i.e. Zingcash) for the purpose of buying vouchers on Zingoy website. The gift vouchers are issued in lieu of the cashback amount earned in the Zingoy account and are not a gift from Zingoy. Accordingly, Users are required to deposit the necessary taxes, applicable if any, with the Government on the amount paid by way of gift vouchers. Zingoy will in no way be responsible in case of non-payment of statutory tax liability by the respective User.

CHARGEBACKS

If a Merchant in the event of a sale, through your account, has any reason to believe that the sale so made is fraudulent, bogus or mala-fide, he may cancel or reverse, as the case may be, the amount payable to Zingoy, in relation to the sale in question. Also, it may so happen that the customer may be refunded his purchase money, in accordance with the Merchant’s website policy due to one or more reasons such as dis-satisfaction of the product/service received or faulty/wrong order delivered, or any other reason whatsoever. In such a case also, the amount accruing to Users’ account by the Merchant may be cancelled or reversed. The cancellation or reversal of the amount payable to the User is referred to as “Chargebacks”.

Chargebacks are generally communicated to Zingoy by its Merchants, on or before the 60th day on which the purchase was acknowledged by the Merchant. On such an event occurring, the User will be immediately notified of such cancellation or reversal of the commission due and payable to the Zingoy. However, sometimes Chargebacks may or may not be communicated by the Merchant to Zingoy. You understand and acknowledge that in such cases, Zingoy will not be able to inform you of the Chargebacks issued by the Merchants. Zingoy shall however intimate you of non-receipt of commission due from the Merchant, as and when amount is due and not received by Zingoy. Zingoy shall not in such a case be liable to reimburse or refund on the Merchant’s behalf, any sum which may be due to you.

Additionally, in the event of a Chargeback being wrongly issued on you, you may communicate the same to us via e-mail for redressal.

In the event of delay in intimation to the User by Zingoy or non-receipt of intimation released by Zingoy due to high internet traffic, transmission problems, telecommunication system failures or errors or any other Force Majeure event, Zingoy will not be liable to pay the Users any damage, loss, liability or expense which may have been incurred, suffered or borne by the Users in that regard, or any compensation for loss of profits, loss of business or notional loss of profits.

COMMUNICATION OF CHARGEBACKS AFTER THE CASH BACK HAS BEEN PAID BY ZINGOY

In some cases, chargebacks are communicated by the Merchants after the transaction has been confirmed as ‘validated’ and the cash back for such transactions is paid by Zingoy or the cashback is made available for purchase of vouchers on Zingoy. Zingoy will immediately notify the User of such chargebacks or cancellation of transactions. Such excess cashback paid by Zingoy or made available to the User by way of Zingcash is required to be repaid by the User to Zingoy within 15 working days from the date when the User is notified of such chargeback. In case, the User defaults in making the payment of excess cashback amount or refuses to repay the cashback within the aforementioned time frame, Zingoy reserves all the rights to recover the commission from the amount pending to be paid by Zingoy to the User or by taking legal action or any other legal remedy against the User, as Zingoy may deem fit.

CASHBACK

After a User successfully completes a transaction, and once we have received the resulting Cashback for that transaction, we pass that Cashback to the User as per the ‘Payouts’ and ‘Chargeback’ clause provided in the ‘Terms of Use’ document.

Please note that there are various circumstances in which a transaction with a Merchant may not constitute as a valid transaction, or Cashback may not result from it. The User understands that all transactions made by him/her are not with us, but with the individual Merchant. Further, from time to time Merchants may increase or decrease the pay-out amount in which case the cashback offer illustrated on our Site may be incorrect. By default, your applicable transactions will be credited in line with the pay-out reported to us by the Merchant, which may be more or less than the rate mentioned on Zingoy website. We shall not be liable for any difference in the expected cashback by the User and the actual Cashback received by the User.

Whether a transaction shall qualify as a valid cashback transaction shall be at the sole discretion of the Merchant or us and the User understands and agrees to the same. We shall not be held responsible if the Merchant fails to report a sale to us or does not qualify a transaction for cashback. Tracking the transactions and qualifying the same as eligible for cash back is at the sole discretion of the Merchant and Zingoy shall in no way be responsible for any failure by the Merchant to track a particular transaction. Further, we shall not be responsible in the event due to some technical or other error we cannot trace a sale back to the User and does not qualify the transaction for cashback for any reason, whatsoever. Whilst we will endeavour to recuperate non-payments from the Merchants, the decision of Zingoy, the Merchant or Merchant’s tracking details is final. Whilst we will try and recuperate missing pay-outs, at any point we reserve the right not to chase missing pay-outs, particularly where no purchase has been made or where the merchants does not provide reasons for non-payment of cash-back. Zingoy will be responsible for providing cash back to the users only if the same has been provided by the Merchants and only when the same has been qualified transaction for cash back by the Merchant.

We reserve the right to reclaim or make balance adjustments accordingly where it has been established that any credit has been applied in error. This will include but is not limited to transactions where the credit is not genuinely due or payment for any credited transaction has not been received from a Merchant and/or misuse or fraud. This can include transactions which are already marked as payable or validated in your Account, or for transactions which have already been paid over to you.

OPERATION OF OUR CASHBACK SERVICE

Zingoy reserve the right to withdraw, modify or suspend aspects of the Cashback Service, or the entirety of it, where Zingoy has legal, security, technical or commercial reasons to do so. Zingoy may give the registered Users advance notice before taking such action, except where it is necessary to take earlier action for security reasons or because of technical difficulties which would otherwise adversely affect our service. There may also be times when the Cashback Service becomes inaccessible as a result of technical difficulties experienced by Zingoy or on the Internet; Zingoy will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note, however, that we cannot guarantee continuous access to the Cashback Service or any of the content that appears on it.

Nevertheless, we shall strive to ensure that any periods of planned unavailability, which you will be informed of when you access the Cashback Service at the relevant time, are kept to a minimum.

For security or other reasons, we may require you to change password or other information which facilitates access to the Cashback Service; however, we will never ask you for your password via email, telephone, or any other means other than through the Zingoy website. You are solely responsible for maintaining the confidentiality of your password and any additional identifying information.

Purchase of vouchers on the Zingoy

Zingoy permits its users to purchase vouchers available on Zingoy.com (linked via Voucher Providers’ API). Users can use the validated cashback money earned on Zingoy for the purpose of purchasing vouchers on Zingoy. Vouchers can also be purchased using the payment gateway on Zingoy.

Conditions for purchase of vouchers

• 1. The vouchers are linked to Voucher Providers’ API and the Users will be sent the vouchers via e-mail provided the same is available in stock
• 2. Users are requested to provide the correct e-mail address in their User Zingoy account. Once the voucher has been sent to a particular email address, Zingoy will not be responsible to re-issue the same voucher to any other email address.
• 3. A voucher purchased can neither be cancelled nor be transferred after its purchase.
• 4. For the purpose of purchase of vouchers, User is required to make payment of the cart value using Zingcash / Payment gateway. The terms and conditions pertaining to payment via Zingcash / Payment gateway as provided in these “Terms of Use” shall apply in addition to these terms.
• 5. A User can purchase maximum 10 vouchers at a point of time, subject to availability.
• 6. The price of the vouchers and the cashback on each Merchant store shall differ. Zingoy reserves the right to change the price and cashback, from time to time, without further notice to the User. Users are requested to read the terms and conditions on the respective Merchant store page before making the purchase.
• 7. If a voucher is out of stock (in total or in part), the user will be prompted accordingly. In a situation where payment has been done but vouchers are out of stock (in total or in part), the user will be refunded the excess amount paid by the Users within 10 working days or such time frame as may be communicated to the User.
• 8. The User by accepting the terms of use, guarantees, represents and warrants that any voucher purchased on Zingoy is for non-commercial, personal use only. The commercial trade of a voucher is prohibited. Further, the reproduction of a voucher is prohibited.
• 9. The voucher purchased by User is solely their responsibility. Neither Zingoy nor the respective Merchant or Voucher Providers’ are responsible for lost or stolen vouchers or for retrieving voucher reference numbers or voucher security codes.
• 10. User should not provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so. Zingoy reserves the right to deny cashback or suspend or remove any User (without notice) in case they are found engaging in fraudulent or unlawful activities.
• 11. Any attempt to redeem a voucher contrary to these Terms of Use may render a voucher void at the sole discretion of Zingoy.

Payment for purchase of vouchers via Payment Gateway

In order to purchase vouchers for a value higher that the validated earnings available in the User account, User can make payment using the payment gateway. Users are required to make the payments using payment gateway available on the website. Once, the User uses the payment gateway to make the payments, User would be also required to comply with the terms of use and other terms and conditions of that particular payment gateway in relation with the payment. Any non-compliance or non-adherence to the terms of the payment gateway mentioned on Zingoy website or payment gateway’s website, as the case may be, will result into the User being liable for any loss / damage or harm (by whatever name called) caused to Zingoy or the payment gateway due to such non-compliance.

Once the payment has been made using the payment gateway, the vouchers will be sent via email to the Users email account provided on Zingoy provided the payment is reflected on the payment gateway panel of Zingoy. In case the payment has been made by the User and the same is not reflected on Zingoy’s payment gateway Panel, the User will have to write to the Bank directly for the payment issue. Zingoy will not be responsible in any way to provide User any resolution on the payment issues arising on account of payment through payment gateway.

Zingoy does not store and does not have access to the payment method selected by the Users for making the payment and the bank / credit card / debit card details provided by the Users while making the payment. The terms and conditions and privacy policy of payment gateway used shall apply in this regard. Accordingly, we request the Users to exercise caution while sharing the bank / credit card / debit card details while making payments.

User will be entitled to use the money only on the Zingoy website. In case of excess payment made, for whatever reasons, the amount will not be refunded to the User. Accordingly, we request the Users to exercise caution while making payments as the payments once made are not entitled to refund by either Zingoy or payment gateway.

You understand, accept and agree that the payment facility provided by the website is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, collection and remittance facility for the transactions on the Website using the existing authorized banking infrastructure and credit card payment gateway networks. The Users are bound by the terms of use of this website and shall also be bound by the terms of use of the payment gateway used or any other payment gateway. Users hereby agree to provide payment gateway and Zingoy any further information as may be required by law or any other Governmental authorities. In case of any refunds / chargebacks from the wallet, the relevant terms and charges of the payment gateway used shall be applicable including but not limited to charges applicable on chargebacks / refunds, which may be recovered from the merchant.

A convenience fee per order in respect of the product may be levied on the orders booked by you online on PhonePe switch. Kindly check once before you order.

Redemption of voucher

• 1. The Voucher is valid for one person only and can only be redeemed once.
• 2. Users are required to follow the redemption instructions associated with the Voucher while redeeming the Voucher.
• 3. Every voucher is valid for a limited period of time as may be mentioned on the voucher or the e-mail sent in this regard (“Redemption Period”)
• 4. In order to redeem a voucher, User must present it to the Merchant within the Redemption Period. In case the User does not redeem the Voucher within the Redemption Period, the Voucher expires automatically and cannot be redeemed anymore. Zingoy will in no way be liable to the User in case the voucher is expired due to non-redemption by the User.
• 5. Vouchers are redeemable in their entirety only. If, for whatever reason, you redeem the Voucher with a Merchant for less than the original (un-discounted) value of the Merchant Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
• 6. On behalf of the Merchant, Zingoy may collect costs associated with the purchase and/or redemption of a voucher. All such fees or costs (if any) will be communicated to the Users before they purchase the vouchers.

Cashback on vouchers purchased

• Cashback earnings on vouchers purchased for respective Merchants will be displayed along with vouchers or may be displayed on the Merchant Store page.
• On making a valid purchase of vouchers by the user the applicable cashback, if any, will be validated and credited to the user account within 24 hours.
• Once a purchase is been made, the user can neither cancel the order nor transfer the same to another user.
• In case of any dispute pertaining to the cashback on vouchers purchased, Users should write to Zingoy at [email protected]

If visitors/customers have configured their browser such that it cannot accept cookies or run Javascript, or the required technology is unable to execute in the usual manner, Zingoy will be unable to treat such visitors/customer as having been referred by the User and the User will not receive Commission for any such blocked referrals.

You understand and acknowledge that Zingoy shall be liable to pay you commission only in respect of (i) a bonafide purchase by using affiliate links generated through your Zingoy account, and (ii) amount has been received by Zingoy in that regard, from the Merchants.

It is hereby clarified that purchases made by users through other affiliate links used by the Users will not entitle the Users to any commission or payment from Zingoy or any Merchant of Zingoy in respect of that purchase/transaction.

It is also clarified that commissions and payouts are strictly determined on the basis of transactions as they are recorded by the Merchants, on the basis of which money has been paid to Zingoy. Although Zingoy maintains a record of referrals converted into actual purchases through your account, Zingoy can neither question nor modify the commission structure so derived at by the Merchant(s) for its payouts.

Nothing contained herein would obligate Zingoys’ involvement in any dispute arising in this regard, in any manner whatsoever. Also, nothing contained herein would render Zingoy liable to pay any commission to its Users, if such commission has not been duly paid by the Merchant to Zingoy or if Zingoy has reason to believe that such outstanding commission is no longer recoverable from the Merchant(s). Zingoy shall also not be liable for any loss, harm, liability or damage suffered by the User, directly or indirectly, in this regard.

Buying and Selling of unused e-gift vouchers on Zingoy.

Zingoy provides for a platform for the sale and purchase of unused gift card(s) held by individuals. A person wishing to sell his unused e-gift card can register on Zingoy & post the details of the cards to be sold. Zingoy permits sale of e-gift cards only for the merchants associated with Zingoy. You have to be registered on Zingoy as buyer/seller in order to buy/ sell gift cards. By accepting the terms and conditions, you agree to abide by the terms for sale & purchase of unused e-gift cards.

For Seller

A person in possession of unused e-gift card, can sell the unused amount of e-gift card on the Zingoy by registering as a “seller”. When a seller opts to sell a Gift Card through our Zingoy, he /she shall list the details of respective Gift Card for sale such as i).Brand, ii) Unused amount, iii) Expiry date iv) Price at which voucher is to be sold . When you sell a Gift Card on or through the Zingoy, you agree to transfer ownership of the Gift Card and any interest therein to the buyer in return for a payment of the amount designated in the Gift Card sale transaction ("Sale Transaction"). You agree not to, and agree not to permit or encourage anyone else to, redeem any portion of the Gift Card, or any interest therein, subsequent to the Sale Transaction.

Every person registered as a seller & proposing to sell e-gift card on the platform shall ensure that -

• i) the Gift Card(s) are valid and the information provided by you in relation to the vouchers proposed to be sold are true & accurate.
• ii) the Gift Card(s) are redeemable for the value that you state;
• iii) the right, title and interest in the Gift Card(s) are fully transferable;
• iv) you are the sole, lawful owner of the Gift Card(s) and all interests thereto;
• v) the Gift Card(s) are not subject to any liens, obligations, or encumbrances of a third party.
• vi) the attributes of the gift cards are not over emphasised to mislead the buyer.

In order to ensure the integrity of the Zingoy, we reserve the right to reject any card or cards that we believe, in our sole discretion, may be fraudulent or stolen, or which may have come from an unauthorized source, or which otherwise may pose a financial risk to us, our users, or merchants and gift card issuers. Listing a Gift Card or Gift Cards on the Zingoy for sale in no way obligates Zingoy to purchase such Gift Card or Gift Cards.

In case of breach of any conditions mentioned above, Zingoy holds the right to recover the amount of gift card sold along with other charges as Zingoy deems fit.

For Buyer

Zingoy provides a platform to users to buy unused e-gift vouchers from sellers on the Zingoy platform. Once the buyer makes the payment for a particular gift voucher Zingoy will check the validity of the e-gift card and send the unique voucher code to the buyer. Once the voucher is sold & the unique voucher code sent, the buyer is not entitled to claim a refund of the transaction made. However, in a case where the buyer is unable to redeem the voucher or faces any issues in this regard, the buyer is requested to get in touch with the Zingoy support team within 10 days from the date of purchase of voucher or before the expiry of the voucher, whichever is earlier. In case, a buyer does not get back to Zingoy team within 10 days from the date of purchase of voucher, the buyer shall not be entitled to refund of the amount paid for purchase of voucher. The buyer acknowledges that Zingoy is merely a facilitator and provides a platform for buyers & seller to come together. Zingoy shall in no way be responsible to the buyer in any way for any fraud/ dishonest act/ committed by the seller if Zingoy is not communicated about the same within 10 days from date of purchase of voucher provided the buyer has not used the voucher or is involved in any fraudulent or dishonest activity.

Any issues faced and reported after a period of 10 days from the date of purchase of Gift Card or in case of any fraudulent/ dishonest activity committed by the buyer, the buyer will not be entitled to refund and the transaction will be deemed as a valid purchase to transfer the payment to the seller. Once the payment is transferred after 10 days to the seller, Zingoy holds no liability to the claims of the buyer in regards to the issues faced with the Gift Card.

Electronic Gift Vouchers will be available for your use within 24 hours of your completed order, provided that all security and background checks were cleared.

If the supply of products is delayed by an event outside our control or the Seller’s control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay

How does buying & selling work?

For Seller – For every e-voucher sold in zingoy.com, Zingoy will charge the seller a nominal transaction fee, as may be communicated from time to time. Zingoy provides the sale amount to the seller after deduction of the transaction fee on the 11th day from the date on which the voucher is sold. No sale transaction is complete & Zingoy will not be liable to pay the seller in any manner until the period of 10 days from the date of sale of voucher.

For Buyer – Once a buyer has placed an order for e-gift voucher on the Zingoy platform, Zingoy shall send the voucher to the buyer within 24 hours from the time of purchase. Buyer is requested to check the voucher received and add it to the respective Merchant wallet. In case the buyer faces any issues or problems with the voucher, the buyer should contact Zingoy & communicate the same within 10 days from date of purchase.

In case error is committed by the buyer, in case of transfer of payment amount, booking of voucher to be purchased, selection of voucher and any other scenario, Zingoy holds no liability for such error been committed and Zingoy won’t be liable to the buyer for any of the claims been made. Also, while purchase of Gift Card, it is the buyers responsibility to check the genuineness of the seller and Zingoy is no case will be held liable for the genuineness check of the seller.

You hereby agree and acknowledge that the Gift Card(s) upon purchase are deemed to be non-cancellable, non-refundable and non-returnable.

As a Buyer, you shall within 10 days, be responsible for providing issues relating to the Gift Card(s) purchased by you. In this connection, you undertake that all such issues shall be genuine in all respects. If the issues reported does not appear to be genuine and any fraudulent activity is attempted or conducted, you agree to be liable to the seller and Zingoy. In such instance you agree to forgo the refund amount requested along with necessary charges as the Zingoy request along with such legal actions as zingoy deems fit.

Payment Options & Fees for Buyers and Sellers.

When you make a purchase through Zingoy, payment is accepted in various forms, including credit cards, debit cards, online banking. By making the purchase on Zingoy, you warrant that you are authorized to use the designated debit or credit card or other payment method and you authorize us to charge your designated credit or debit card or other payment method for any order you place on Zingoy. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event that the designated credit or debit card or other payment method cannot be verified, is invalid or is otherwise not acceptable to Zingoy, we may (i) suspend or cancel your order automatically, (ii) prohibit you from buying and/or selling Gift Cards on Zingoy until a valid, verifiable credit/debit card is on file with your Member Account and/or (iii) suspend or terminate your account on Zingoy. Payment card processing fees may apply even if the designated debit or credit card has expired or changed by the time we submit the charges to your card. We are not responsible for any debit card or overdraft fees associated with any order you use a debit card for. You agree to fully cooperate with Zingoy in an effort to resolve any problems we encounter in order to process your requested order on Zingoy.

Authorized Use & Termination of Access.

You can use Zingoy forum only for its intended purposes and solely in accordance with these Terms of Use. Subject to your full compliance with these Terms of Use, Zingoy grants you a limited, nonexclusive, non-sub licenseable license to access and use Zingoy solely for the purpose of purchasing, selling or managing Gift Cards or receiving other available services and features on Zingoy. This limited use and access license is revocable at any time by us.

Your Member Account with Zingoy and any access to the products, services and/or any portion of our Site, including any of our mobile applications, is and shall remain at the sole and absolute discretion of Zingoy. Therefore, we reserve the right to temporarily or permanently terminate, suspend, or refuse to permit your access to any portion of Zingoy (including any of our mobile applications and your Member Account) and any of the services provided on Zingoy for any reason, all at our sole and absolute discretion, with or without notice and without liability to you of any kind. You further agree that you will remain bound to the terms of these Terms of Use at all times during any suspension and after termination of your Member Account or access to Zingoy, with respect to any purchase or sale transactions, occurrences or acts or omissions on your part prior to or during the suspension, or prior to termination. We reserve the right to terminate or change any of the services available on Zingoy.

Your Liability – Actions We May Take and Fees We May Assess.

• A) General. You are responsible for all chargebacks, fees, fines, penalties and other liabilities incurred by us, any Member, a Retailer or any third party caused by or arising out of your breach of these Terms of Use, any Prohibited Activity and/or your use of Zingoy.
• B) Actions We May Take – Related to Prohibited Activity or Any Breach of these Terms of Use. If Zingoy, in its sole discretion, believes that you have breached these Terms of Use or engaged in any Prohibited Activity, we take various actions to protect Zingoy, our Members, Retailers or others from claims, refunds, chargebacks, fees, fines penalties or any other liabilities or exposure. The actions we may take include, without limitation, the following:
  • We may close, suspend or limit your access to your Member Account on Zingoy (including limiting your access to your funds and/or your Gift Cards, your ability to sell or purchase Gift Cards or request payment from us);
  • We may refuse to allow you to be a Member or otherwise access Zingoy forum in the future;
  • We may hold your funds if reasonably needed to protect against the risk of liability, in connection with the sale of potentially Invalid Cards, member refunds or as otherwise provided in this these Term of Uses;
  • We may terminate any of Gift Card transactions on Zingoy forum and withhold any payments associated with such transactions;
  • We may contact your bank and/or credit card issuer, Retailers, law enforcement and any other third parties impacted by your activities;
  • We may investigate any Prohibited Activity or breach of these Terms of Use and may notify and cooperate with appropriate law enforcement agencies;
  • We can and may share any information related to your Member Account, transaction history, payment information and other information related to your usage of Zingoy forum with law enforcement or relevant Retailers, to the extent requested in connection with any investigation into any potentially criminal, fraudulent or Prohibited Activity;
  • We may use information you provide us or related to your activity on Zingoy forum to investigate any potentially fraudulent or criminal activity or any Prohibited Activity, including to ensure you have not made improper or fraudulent refund requests under any Zingoy refund policy or member guarantee;
  • We may take legal action against you; and
  • We may, in our sole discretion, terminate all access to this Site, your Member Account and our services for any reason and at any time.
• C) Actions We Take – Holds and Reserves on Funds and your Member Account.
  • i. Legal Process & Court Orders. We may, in our sole discretion, take various actions, including placing a hold, reserve or other limitations on your Member Account or the funds or credits in your Member Account in the event we receive notice of a court order or other legal process that restricts the use of or access to your funds or requires their holding, release, or seizure. We will provide notice of such hold, reserve or limitation, unless the court or law enforcement otherwise directs us not to provide you notice, in which case the court order or other process will supersede any notice obligation in these Terms of Use In addition, in the event we receive a notice of garnishment, lien or levy on your Member Account directing us to retain funds or directing us to pay funds from your Member Account to a court, government body, agency or third party, we may limit your Member Account, hold relevant funds and ultimately disburse funds as necessary.
  • ii. Invalid Cards, Risk-Based and Verification Reasons. We may, in our sole discretion, place holds on payment of funds to you or reserves on funds in your Member Account, under the following circumstances:
    (a) if we provide a Buyer a refund under our return policy for a Gift Card sold by you on Zingoy forum,
    (b) as we investigate any Invalid Cards (as defined below), any Gift Card refund requests, or any potentially illegal or fraudulent activity or any Prohibited Activity,
    (c) if we believe there may be a high level of risk associated with you, your Member Account or your transactions on Zingoy forum,
    (d) until we have been able to complete certain verification procedures relate you and the processing of your Sales Transactions (including third party processor verification requirements) and
    (e) in connection with our recourse in Section 6(d) below. Our determination that you are a higher risk account may be based on a variety of factors, including your activity on Zingoy forum and information we may receive from third parties or otherwise. If we place a reserve or hold on funds in your Member Account, you will be informed of such reserve or hold. If your Member Account is subject to a reserve, we will provide you notice of this reserve, specifying the terms of the reserve or the policy under which such reserve is being placed.
• D) Financial Recourse and Fees We May Assess Against Sellers. AS A CONDITION TO BEING A SELLER ON ZINGOY, YOU HEREBY AUTHORIZE ZINGOY TO:
  (I) CHARGE YOUR PAYMENT METHOD WITH ZINGOY,
  (II) DEBIT YOUR MEMBER ACCOUNT ON ZINGOY AND/OR
  (III) WITHHOLD ANY PAYMENT OWED TO YOU, FOR THE AMOUNTS DESCRIBED BELOW IN THE EVENT THAT ANY GIFT CARD YOU SELL ON ZINGOY IS DETERMINED BY US TO BE AN “INVALID CARD,” OR IF ANY GIFT CARD YOU SELL ON ZINGOY IS SUBJECT TO A REFUND UNDER OUR THEN CURRENT REFUND POLICY. All of the following amounts will be charged against the funds and/or credits in your Member Account and/or your payment method on file with Zingoy, and you will be liable to us for any amounts that we could not charge.
• E) Our Right to Reverse Refunds. In the event Zingoy determines, in its sole discretion, that you have mistakenly, improperly or fraudulent sought and received a refund for a Gift Card purchased on Zingoy forum under our then current refund policy, you authorize Zingoy to charge your payment method on Zingoy or debit your Member Account the full amount of any such improper Gift Card refund(s) requested by you. Furthermore, in this circumstance, Zingoy reserves the right suspend or terminate your Member Account on Zingoy.
• F) Dispute of any Zingoy Recourse. In the event you believe in good faith that there may have been an error in our assessment of any fees, charges or other permitted recourse to your Member Account associated with a Gift Card you sold or purchased on Zingoy, you may contact Zingoy Member Services (which information is available on our Site) or your account manager, if applicable. You must provide us with all relevant information to support the reason you believe the recourse we took with regard to your Member Account or a particular Gift Card you bought or sold on Zingoy forum was not warranted and we will then, at our discretion, engage in further investigation of the particular matter (to the extent possible) to determine if there was any error in our assessment of any fees or charges to your account or any other similar permitted recourse hereunder. You hereby agree to fully cooperate with Zingoy in any such further investigation and to only provide us with full and truthful information. Zingoy will communicate its determination (after any such investigation) in accordance with its then existing policies and procedures. The timing and terms of any additional investigative process will be entirely dependent upon our then current policies and procedures related to such matters, which may change from time-to-time. You further agree that Zingoy’s determination after such additional investigation (to the extent possible) is final.

Indemnification & Release.

You agree to defend, indemnify and hold us (and our affiliates, subsidiaries and our and their respective officers, directors, employees and agents (collectively with Zingoy Marketplace, Inc. the “Indemnified Parties”)) harmless from any claim or demand made by any third party due to or arising out of or related to: (i) your breach of these Terms of Use, (ii) your improper use of the Site or Zingoy’s services, (iii) your violation of any third parties’ intellectual property rights, (iv) your intentional misconduct, fraudulent acts or gross negligence, (v) any content you provide on the Site or (vi) your violation of any applicable law, including any applicable tax laws. You agree to pay any and all losses, costs, damages and expenses (including reasonable legal fees and expenses) (collectively “Damages”) for which any Indemnified Party is found liable in respect of any such claim or demand and to reimburse each Indemnified Party immediately for any Damages that the Indemnified Party has directly incurred, suffered or paid. You hereby recognize that Zingoy is not the issuer of any Retailer Gift Card sold on Zingoy forum and not the seller of any secondary Gift Cards sold on Zingoy. To the extent permitted under applicable law, you agree to release Zingoy from any claim or liability arising out of or related to (x) how and whether a Retailer honors its Retailer Gift Card(s) purchased on Zingoy forum and (z) any Retailer’s failure to honor a particular Retailer Gift Card purchased by you on Zingoy forum.

Zingoy Gift Cards

• Zingoy Gift Cards are issued by Parity Cube Private Limited ( Formerly known as Zingoy Rewards Pvt. Ltd ) which is a Private Company incorporated under the laws of India.
• Gift Cards can be purchased on www.zingoy.com using the payment modes available on the website.
• Zingoy Gift cards cannot be purchased using Zingoy earnings.
• Gift Cards can be redeemed online for the purchase of Gift Cards listed on Zingoy other than Zingoy Gift Cards.
• Gift Cards can be redeemed by selecting the payment mode as Gift Card.
• If the order value exceeds the Gift Card amount, the balance must be paid by the available payment modes on the website.
• If the order value is less than the amount of Gift Card, the outstanding balance (after deduction of order value) will reflect under the same Gift Card and can be used for subsequent transactions.
• Gift Cards will expire after 12 months from the date of issue and any corresponding unused balance shall be forfeited thereafter.
• Gift Cards cannot be redeemed for Cash or Credit.
• You are solely responsible for the safety and security of Gift Cards. Zingoy shall not be responsible for any acts of omission or commission if Gift Card is lost, stolen or used without permission.
• You can combine a maximum of 15 Gift Cards in a single order at the time of checkout.
• Validity of Gift Cards cannot be extended, new Gift cards cannot be provided against expired/unused Gift Cards.
• Gift Cards cannot be reloaded.
• Terms and Conditions are subject to change without prior notice.

MOBILE APPLICATIONS

In order to enhance the overall experience of our customers, Zingoy has developed a unique mobile application of Zingoy.com for smart phones and other communication devices (“Zingoy App”). The application will provide you with convenient access to your Zingoy account and other Merchant details required by you and the Zingoy App will work in a similar manner as the one accessed by you on your computer/laptop/tablet vis-a-vis converting merchant links into affiliate links, maintaining account of commission receivable, purchasing of vouchers and claiming of cashback etc. We request you to be cautious of bogus or fake applications urging free or pre-paid download in the name of Zingoy or name similar to Zingoy.

Zingoy in this regard disclaims any liability, damage, loss or harm which you may suffer, directly or indirectly, by virtue of:

• 1. Harm Caused To Your Mobile Or Other Communication Device By Download Of Any Contaminated/Destructive Viral Elements Or Any Content Accompanied By Such Download; Or
• 2. Purchase Of Products/Services From The Mobile Application Downloaded;
• 3. Claims Made On Zingoy for Refund Of Charges Paid In Relation To Such Paid Mobile Applications.

ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing your registration process on our Website. You would be responsible for maintaining the confidentiality of the password assigned to you and your account details and for all activities that are undertaken through your account. You agree to (a) immediately notify Zingoy of any unauthorized use of your password or account or any other breach of security, and (b) logout from your account at the end of each session.

Zingoy shall not be liable for any loss or damage arising from your failure to maintain your account and/or password.

You shall not have more than one active Account on our Website. Additionally, you are prohibited from selling, trading, or transferring your Account to another party or otherwise dealing in your account in an inappropriate, indecent or illegal manner.

DEFAMATION

Zingoy is a cashback website. Your usage of this Website shall be governed by the “Terms of Use” contained herein and policies/conditions (if any) of the page that you may visit. Your personal information shall be protected by us in terms of the Privacy Policy of Zingoy. If you have any complaints regarding our Website or any content or products/services/deals offered or any other matter, you may write to us at [email protected]. You hereby undertake to refrain from falsely defaming, insulting or offending Zingoy or a particular brand/merchant with the intention of falsely causing harm to the reputation of Zingoy or such brand/merchant on discussion forums or during your interaction with users or visitors. You may note that defamation is a criminal offence under the provisions of the Indian Penal Code and you may be liable for proceedings under the same, if in the opinion of Zingoy or the brand/merchant, as the case may be, your post, suggestion, feedback, comment or advice on the Website amounts to an intention to falsely defame such party.

You hereby indemnify Zingoy and keep indemnified, saved, defended and harmless on full indemnity basis Zingoy and all persons claiming under Zingoy ("Indemnified Persons"), from and against all losses and/or damages arising to Zingoy as a result of any notices, proceedings, litigations, claims, penalties, demands, made by or served upon Zingoy by the respective merchants/brands and/or judgments, liabilities, costs and expenses (including, without limitation, reasonable attorneys' fees) allegedly arising in that regard, in whole or in part from any user attempting to defame, insult or offend any merchants/brands or by posting any content which is abusive defamatory or libellous for such merchants/brands.

LIMITATION OF LIABILITY

You are entirely liable for activities conducted by you or anyone else in connection with your browsing and use of the Zingoy Website. If you are dissatisfied with Zingoy website or with any of the terms of this “Terms of Use” document your sole and exclusive remedy is to stop using Zingoy Website. Neither Zingoy nor any third party provider will be liable for any damages in connection with your browsing or use of the Zingoy website.

Although the information provided to you on this Website is obtained or compiled from sources which we believe to be reliable, neither Zingoy, nor any of its subsidiaries, directors, officers, employees, or any third-party vendor guarantee you the accuracy, completeness, comprehensiveness, timeliness or availability of any of the products, deals, services or other content provided through this Website. Neither Zingoy, nor any of its subsidiaries, directors, officers, employees, or any third-party vendor shall be liable for the purchase by you of products, services or deals based on suggestions or advice shared on our discussion forums or by users and visitors of our Website or have any responsibility of any kind, for any loss or damage, direct, indirect, consequential or incidental incurred by you, in the event of any failure or interruption of the Zingoy website, or from any other cause relating to your access to, inability to access, or use of the Zingoy Website, whether or not the circumstances giving rise to such cause may have been within the control of Zingoy or of any vendors providing software or support services to Zingoy.

FORCE MAJEAURE

Zingoy shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. Zingoy shall have no responsibility to provide you access to our Website whilst such unforeseen delays or interruptions continue.

GOVERNING LAW

The terms of this “Terms of Use” document are exclusively based on and subject to the laws of India. You hereby consent to the exclusive jurisdiction and venue of courts in Mumbai, India in all disputes arising out of or relating to the use of this Website. Zingoy may change the “Terms of use” on its website at any time without any intimation to its users. It is the sole responsibility of the User to check the “Terms of Use” from time to time and keep himself / herself updated on the latest “Terms of Use”.

TERMINATION

All rights granted to you under the terms of this "Terms of Use" document will terminate immediately in the event that you breach any of such terms and conditions.

In order to do anything/undertake any activity that is not expressly permitted by the terms of this "Terms of Use" document, you will need a separate license from us. We request you to contact us at [email protected] for the said purpose.

DISCLAIMER

Zingoy.com does not, expressly or impliedly, warrant, guarantee or make any representation concerning the use, suitability and usability of use results of use or inability to use the products and services on its Website nor does it endorse the accuracy of links, coupon codes, or any deals on this Website or any products and services or their usability, reliability, suitability, quality, price competiveness, completeness, merchantability and suitability for your need and requirements. Zingoy.com does not guarantee or warrant the links or deals posted on any other platform by the users, as it may lack authenticity. Any information, deal, product or service provided may contain inaccuracies and/or typographical errors. By offering products and services of various merchants and brands no recommendation or inducement is made or advice given in any manner to purchase such products and services. Nothing contained herein shall be deemed to construe as shopping advice or inducement to shop a particular brand or use a particular shopping platform. Your purchase or order booking shall be at your sole discretion and decision shall be subject to terms and conditions of such brands, merchants and dealers. Any information or data available is provided only on an "as is where is basis" and "with all fault and are on the best effort basis" without any responsibility or an obligation on the part of Zingoy.com to check or provide accurate and reliable information regarding the products and services. The user assumes the entire risk with respect to the use, results of such use, in terms of usability, reliability, quality, price competiveness, completeness, merchantability and suitability of the products and services for a particular purpose. The user waives his or her right to make any claim based on the detrimental effects or results of any reliance placed by the user on any information or data made available via Zingoy.com.

All the proprietary rights, statutory or otherwise contained in the information received, downloaded or used by the user/visitor of this Website shall remain in exclusive property of Zingoy.com. Any reproduction, redistribution or transmission, for consideration or otherwise, of any such information contained in the Zingoy.com Website is strictly prohibited and any attempt in that regard would constitute a breach under the laws of India.

Use of this Website shall be deemed acceptance of these terms and conditions and all amendments from time to time and the user shall not be entitled to claim that he/she was not aware of the same.

The development of Zingoy.com Website with respect to the nature of the information or data available on the Website, is a continuous and on-going process. Zingoy.com does not assume or purport to assume any responsibility or liability to the user for failure or inability of the user to access or use the website for any purpose. Published information or data available on the Website may not be current or up to date for any purpose. Zingoy.com Website is not to be and should not be construed as purporting to offer any information, products or services to citizens of such jurisdictions whose laws conflict with, differ from, or provide higher requirements than those necessitated by the laws of India.

Zingoy.com website may contain links to other websites operated by parties other than Zingoy.com. Zingoy.com is not responsible for the contents of or information offered by any linked website, any link contained in a linked website or any changes or updates to such websites. Inclusion of such a link on the website does not imply any degree of endorsement by Zingoy.com, regarding the quality of information provided or the nature of content by such a linked website or any changes or updates to such websites.

Zing of the day

Zingoy allows the user to purchase products posted under “Zing of the day” on Zingoy. The Zing Of The Day is a special deal posted on Zingoy. The deal will offer a quality product at significantly discounted price as compared to other online shopping brands that offer the same product.

Conditions for Use:

E-platform for communication:

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from any location. You further agree and acknowledge that Zingoy is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the vendors on Zingoy.com.

Claims against Objectionable Content:

Because Zingoy.com lists a range of products for sale offered by sellers on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, Zingoy operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately. Zingoy will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

Payment options:

When you make a purchase through Zingoy, payment is accepted in various forms, including credit cards, debit cards, online banking. By making the purchase on Zingoy, you warrant that you are authorized to use the designated debit or credit card or other payment method and you authorize us to charge your designated credit or debit card or other payment method for any order you place on Zingoy. When you provide your payment information, you authorize us (or a third party payment processor) to process and store your payment and related information. In the event that the designated credit or debit card or other payment method cannot be verified, is invalid or is otherwise not acceptable to Zingoy, we may (i) suspend or cancel your order automatically, (ii) prohibit you from buying and/or selling Gift Cards on Zingoy until a valid, verifiable credit/debit card is on file with your Member Account and/or (iii) suspend or terminate your account on Zingoy. Payment card processing fees may apply even if the designated debit or credit card has expired or changed by the time we submit the charges to your card. We are not responsible for any debit card or overdraft fees associated with any order you use a debit card for. You agree to fully cooperate with Zingoy in an effort to resolve any problems we encounter in order to process your requested order on Zingoy.

A convenience fee per order in respect of the product may be levied on the orders booked by you online on PhonePe switch. Kindly check once before you order.

Returns:

Returns shall be allowed only in case of the products where it is specifically mentioned as returnable.

Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim and any all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products. We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with Zingoy nor shall Zingoy have any obligations or liabilities in respect of any transactions on the website.