Terms of Use

INTRODUCTION

1.1

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

1.2

The domain name http://zetapp.in/ and the associated mobile application titled ‘ZET’ along with all upgrades, updates, enhancement and modifications thereto (“Domain”) is owned and managed by Vistas Technolabs Private Limited, a company incorporated under the provisions of the Companies Act, 2013 and having its registered office address at 1105, Rawal Ji Ka Bazar, Near Hotel Sun City, Ganga Pol Jaipur, Rajasthan, 302002 (hereinafter referred to as “ZET” which expression shall, unless it be repugnant to the context or meaning thereof, be deemed to include its successors, affiliates, and permitted assigns). Please read these Terms of Use (“Terms”) carefully, as it contains the terms and conditions governing your use of the Domain and your provision of the Information (defined below) that ZET may request from you on or through the Domain for any services that ZET may provide on or through the Domain. Before providing any Information on the Domain you must first agree to these Terms. Please do not access or use the Domain or otherwise click to accept these Terms, if and when prompted on the Domain, if you do not agree with any of the terms provided below or are unable to be bound by them.

Please read these Terms of Use (“Terms”) carefully, as it contains the terms and conditions governing your use of the Domain and your provision of the Information (defined below) that ZET may request from you on or through the Domain for any services that ZET may provide on or through the Domain. Before providing any Information on the Domain you must first agree to these Terms. Please do not access or use the Domain or otherwise click to accept these Terms, if and when prompted on the Domain, if you do not agree with any of the terms provided below or are unable to be bound by them.

1.3

ZET reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms, at any time and will notify you at least once in a year, or whenever there is a change in these Terms, as the case may be, by email or by posting a conspicuous notice on the Domain in the event of any material revisions to these Terms. Your acceptance of the revised terms of use and thereafter, use of the Domain following the posting of changes shall be deemed to mean that you accept and agree to the revisions made to these Terms. As long as you comply with these Terms, ZET grants you a personal, revocable, non-exclusive, non-transferable, non-sub-licensable and limited license to access and use the Domain.

1.4

You should read the Terms along with the linked information including but not limited to ZET’ privacy policy (“Policy”) which is hereby incorporated by reference into these Terms.

1.5

If you are unwilling or unable to be legally bound by these Terms, please do not use the Domain or provide ZET’ any Information hereto or otherwise click to accept these Terms, if and when prompted on the Domain. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Domain and/or receive the Services provided on the Domain; or (b) if you are not of legal age to form a binding agreement with ZET.

MEMBERSHIP ELIGIBILITY

This Service is only available only to natural persons resident in India who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to access the Domain and/or provide any Information hereto. Any person under the age of 18 or with disability shall not register on Domain and shall not transact on or use the Domain. If a minor or person with disability wishes to use or transact on the Domain, such use or transaction may be made by a verifiable consent by the minor or person with disability’s legal guardian or parents on the Domain. Any minor or person with disability accessing, using or transacting on the Domain in violation of these Terms shall be doing so at their own risk and ZET shall not be responsible or liable for any activities or interactions of such minor or person with disability on the Domain. ZET reserves the right to terminate any person’s membership in accordance with the terms of these Terms and/or refuse to provide such person with access to the Domain if it is brought to the notice of ZET or if ZET discovers for itself that such person is not eligible to use the Domain.

ACCEPTANCE OF TERMS

3.1

In order to use the Domain, you must first agree to these Terms. You can accept the Terms by:

a) Access to the Domain and/or actual usage of the Domain and/or provision of any Information on the Domain. In this case, you understand and agree that the earlier affirmative consent given by you on the Domain, will be treated by ZET as your access to the Domain and/or provision of Information on the Domain as a continued acceptance of the Terms from that point onwards; or

b) Signing up with ZET and logging onto ZET by using the Login Credentials (defined below); or

c) By clicking to accept these Terms, if and when prompted on the Domain.

OPENING AN ACCOUNT AND SIGN IN/LOG IN

4.1

The Domain allows only limited and restricted access to the services for unregistered users.

4.2

In order to use the Domain, as part of the sign-up process, you will have to create an account on the Domain (“Account”), which can be done by providing/using your mobile number.

4.3

While signing-up with ZET to use the Domain, you shall not:

a) While signing-up with ZET to use the Domain, you shall not:

b) Use an Account that is the name of another person with the intent to impersonate that person; or

c) create more than one Account on the Domain.

4.4

ZET cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

4.5

You hereby confirm and undertake that the information provided by you while signing-up is and will be true, accurate, up-to-date, and complete at all times. You agree that if you provide any information to ZET that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete, ZET shall have the right to indefinitely suspend or terminate or block access to the Account on the Domain and refuse to provide you access to the Domain.

4.6

Once registered, you can log in to the Account by using the mobile number, e-mail address and password provided at the time of signing-up (“Login Credentials”).

4.7

If you do not want to create an Account on the Domain, you, as an unregistered user, is permitted to avail certain services without creating an account by using the option of ‘Guest Checkout’. In order to avail this ‘Guest Checkout’ option, you shall be required to provide ZET with accurate and complete details of your e-mail address and mobile number. You understand that as an unregistered user, the information you provide will not be saved on the Domain and you will be required to re-enter such information every time you use the ‘Guest Checkout’ option on the Domain. ZET cannot and will not be liable for any loss or damage arising from your failure to comply with this Clause.

ACCOUNT CONFIDENTIALITY OBLIGATIONS

5.1

You agree that the sole responsibility of maintaining the security and confidentiality of the Login Credentials rests with you at all times. You shall not share these Login Credentials with any third party and ZET shall not be liable for any loss or damage arising from such breach.

5.2

ZET reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Domain and the Account.

5.3

You are solely responsible for all activities that occur under the Account and/or you undertake on the Domain and hereby undertakes that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of India.

5.4

In no event and under no circumstances shall ZET be held liable for any liabilities or damages resulting from or arising out of your use of the Domain or the Login Credentials, theft of the Login Credentials or release by you of the Login Credentials to a third party, or your authorization to allow another person to access and use the Domain using the Account.

5.5

In case of any misappropriation or unauthorised access of the Account, you agree to communicate the same to ZET immediately, in a manner indicated by ZET. You shall further ensure that you exit/ log out from the Account at the end of each session. ZET shall not be liable for any loss or damage arising from your failure to comply with this provision. You may be held liable for any losses incurred by ZET or any other user of or visitor to the Domain due to authorized or unauthorized use of the Account, as a result of your failure in keeping the Login Credentials confidential.

5.5

You agree that the information provided by you to ZET, at all times (including during registration), will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if ZET has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms, ZET shall have the right to indefinitely suspend or terminate or block access to the Account on the Domain and refuse to provide you access to the Domain. You are advised to use due caution when providing any information to ZET accordingly.

YOUR INFORMATION

6.1

For the provision of Services (defined below) through the Domain, ZET may ask you to fill certain information. This information may include your (i) name, (ii) phone number, (iii) email address, (iv) credit score, (iv) income range, (v) pin codes, (vii) copy of any official identifier, including without limitation, Aadhar Card or PAN Card (hereinafter, “Information”). While providing Information on the Domain, you shall not provide Information for anyone other than yourself, unless such person's prior permission has been obtained.

6.2

You agree that the information provided by you to ZET, at all times, will be true, accurate, up-to-date, and complete. You further agree that if you provide any information that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate or incomplete or if ZET has reasonable grounds to suspect that such information is untrue, inaccurate, not up-to-date, incomplete or not in accordance with these Terms, ZET shall have the right to indefinitely suspend or terminate or block access your access to the Domain and refuse to provide you access to the Domain. You are advised to use due caution when providing any Information to ZET accordingly.

SERVICES AND CONSENT TO USE OF INFORMATION

7.1

All users will need to comply with the terms of these Terms in order to be able to use and access the services on the Domain, which include (a) recommending you personalized Partner (defined below) products based on the Information shared by you; (b) providing you a list of Partner products you are eligible for, based on the Information provided by you; (c) enabling you to access your credit score and credit report as provided by credit bureau partners; and (d) providing such other services as may be made available on the Domain from time to time (“Services”). ZET is not and will not be responsible for any claim or for any damages suffered that are related, directly or indirectly, to or arising out of your use of any Service on or through the Domain.

7.2

In the event you purchase the SBM MAGNET GILD Credit Card from the Domain, you should read the Key Fact Statement, Most Important Terms and Conditions and Card Member Agreement along with any linked information and which is hereby incorporated by reference into these Terms. The Key Fact Statement, Most Important Terms and Conditions and Card Member Agreement can be accessed at https://www.magnetapp.in/kfs, https://www.magnetapp.in/html/mitc.html and https://www.magnetapp.in/html/card-holder-agreement.html respectively.

7.3

ZET partners with certain credit bureau partners and financial institutions (“Partner”) in order to recommend you financial products and services that are provided by the Partner and are best suited to you based on the Information provided by you. You understand that ZET may store your Information and share your Information with the Partners and/or the analysis of such Information with the Partners to facilitate your availing of their products.

7.4

ZET is associated with several individuals who shall be interacting with you to provide you the recommendations of the Partner products based on your Information. You agree to receive such communication from them.

7.5

The provision of Services on the Domain may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. ZET strives to keep the Domain up and running; however, all online services suffer occasional disruptions and outages, and ZET isn’t liable for any disruption or loss you may suffer as a result.

7.6

ZET may discontinue some or all of the Services provided on the Domain, as it may deem fit, including certain features and the support for certain devices and platforms, at any time.

PAYMENT

In order to use certain services on the Domain, ZET reserve the right to charge you a fees. The same shall be communicated to you as and when applicable. ZET may make any changes to such fees from time to time.

You hereby by way of accepting these Terms consent to the receipt of communication from ZET, and/or the Partners by way of in app messages, Short Message Service (SMS) messages, e-mails, promotional, marketing calls and newsletters. You agree to receive this communication irrespective of whether you have enabled “do-not-disturb” on your electronic device. These emails could relate to your transactions that you carry out through the Domain and promotions that are undertaken by ZET, services from ZET and its third-party partners, as applicable.

10.

LINKS TO THIRD PARTY WEBSITES

The Domain may contain links and interactive functionality interacting with the websites of third parties for the purpose of providing Services, marketing and promotions. ZET is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such websites. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, ZET strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

11.

USE OF THE DOMAIN

11.1

You agree, undertake and covenant that, during the use of the Domain, you shall not host, display, upload, modify, publish, transmit, store, update or share any information that:

a) belongs to another person and to which you do not have any right, except as expressly provided in these Terms.

b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another person's privacy, insulting or harassing on the basis of gender, hateful or racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, or otherwise inconsistent or contrary to the applicable laws in force in any manner whatsoever.

c) is misleading in any way.

d) is harmful to minors.

e) involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming".

f) infringes upon or violates any third party's rights including, but not limited to, any patent, trademark, copyright or other proprietary rights or intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number).

g) provides instructional information about illegal activities such as violating someone's privacy or providing or creating computer viruses.

h) tries to gain unauthorized access or exceeds the scope of authorized access to the Domain or to profiles, communities, account information, bulletins, or other areas of the Domain or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Domain.

i) engages in commercial activities without ZET’ prior written consent such as engages in contests, sweepstakes, barter, advertising etc.

j) interferes with another person’s use of the Domain.

k) impersonates another person.

l) threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign States.

m) refers to any website or URL that, in ZET’ sole discretion, contains material that is inappropriate for the Domain or any other website that contains content that would be prohibited or violates the letter or spirit of these Terms.

n) deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.

o) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

p) contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

q) is in the nature of an online game that is not verified as a permissible online game.

r) is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.

s) violates any applicable law for the time being in force.

11.2

You hereby accept full responsibility for any consequences that may arise from your use of the Domain, and expressly agree and acknowledge than in no event and under no circumstances shall ZET be held liable to you for any liabilities or damages resulting from or arising out of your use of the Domain.

11.3

You agree and acknowledge that you shall not use the Domain for any fraudulent, malicious, illegal or unauthorized purpose/activities. You agree to comply with all applicable laws pertaining to your use of the Domain

11.4

ZET shall have the right, but not the obligation, to monitor your access to or use of the Domain to ensure your compliance with these Terms or applicable laws, at its sole discretion.

12.

TERMINATION OF ACCESS TO DOMAIN OR DEACTIVATION OF SERVICE

Your access to the Domain and/or use of the services and/or the products provided by the Partner based on the Information can be terminated at any time by (i) you, by requesting for such termination/deactivation of your Account on the Domain; or (ii) ZET, in its sole discretion for any reason or no reason, including your violation of these Terms. You acknowledge that such termination may be affected without any prior notice. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive such termination.

13.

REFERRALS AND REWARDS

From time to time, ZET may offer referral bonuses and rewards to you for inviting new users to the Domain and for completing other activities.

15.

DISCLAIMER OF WARRANTIES

THE DOMAIN AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE DOMAIN AND/OR (COLLECTIVELY, THE "CONTENT") ARE PROVIDED BY ZET ON AN "AS IS, "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ZET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DOMAIN, THE ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND THE ACCURACY OF THE INFORMATION. WITHOUT LIMITING THE FOREGOING, ZET MAKES NO WARRANTY THAT THE DOMAIN OR SERVICES PROVIDED BY ZET OR THE PARTNERS WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE DOMAIN WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DOMIAN WILL BE EFFECTIVE, ACCURATE OR RELIABLE.

YOU ACKNOWLEDGE AND UNDERSTAND THAT THIRD PARTY SERVICES ARE BEING MADE AVAILABLE ON THE DOMAIN IN RELATION TO WHICH ZET MAY HAVE PARTNERSHIPS WITH SOME OF THESE THIRD PARTIES INCLUDING WIHTOUT LIMITATION PARTNERS. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT ZET, AT NO TIME, IS MAKING ANY REPRESENTATIONS OR WARRANTIES REGARDING PROVISION OF SERVICES BY ANY OF THESE THIRD PARTIES NOR WILL ZET BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH SUCH THIRD PARTIES.

ZET SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENTS OR INFORMATION. YOU EXPRESSLY AGREE THAT THE USE OF DOMAIN IS AT YOUR OWN DISCRETION AND SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM ANY TRANSACTION. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZET OR THROUGH OR FROM THE DOMAIN OR CONTENT SHALL CREATE ANY WARRANTY. YOU WILL NOT SOLELY RELY ON THE VIEWS, REPRESENTATIONS (WHETHER WRITTEN OR ORAL OR OTHERWISE), RECOMMENDATIONS, OPINIONS, REPORTS, ANALYSIS, INFORMATION OR OTHER STATEMENT MADE BY ZET OR ANY OF ITS AGENTS, DIRECTORS, OFFICERS OR EMPLOYEES.

IN THE EVENT THAT YOU SEEK TO MAKE PURCHASE OF ANY PRODUCTS OR SERVICE SOLD BY THE PARTNER PURSUANT TO THE INFORMATION OR RECOMMENDATION PROVIDED BY ZET, YOU SHALL DO SO AT YOUR OWN RISK, AND SHOULD CONSIDER YOUR FINANCIAL SITUATION, OBJECTIVES AND NEEDS AND CONSULT WITH YOUR LEGAL, BUSINESS, TAX AND/OR OTHER PROFESSIONAL ADVISORS TO DETERMINE THE APPROPRIATENESS AND CONSEQUENCES OF SUCH AN PURCHASE. YOU AGREE THAT ALL THE FINAL DECISIONS WILL BE YOURS AND ZET WILL NOT HAVE ANY LIABILITY FOR CONSEQUENCES OF SUCH DECISIONS.

16.

LIMITATION OF LIABILITY

In no event shall ZET, its affiliates and each of their respective officers, directors, employees and agents (as applicable) be liable for any special, incidental, indirect, consequential, exemplary or punitive damages, or loss of profit or revenues whatsoever resulting from any (a) errors, mistakes, or inaccuracies of Content; (b) any unauthorized access to or use of the secure servers and/or any and all personal and/or other user information stored therein; (c) any interruption or cessation of transmission to or from the Domain; (d) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Domain by any third party; (e) any loss of your data arising from any use of or inability to use any Content or other parts of the Domain; (f) non-availability of the Domain in certain geographical areas; and/or (h) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via. the Domain, whether based on warranty, contract, tort, or any other legal theory, and whether or not ZET is advised of the possibility of such damages.

17.

INDEMNIFICATION

You shall indemnify and hold harmless ZET, its affiliates and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms, Policy and other policies, or your violation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

18.

19.

ASSIGNMENT

You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without ZET’ prior written consent. ZET reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.

20.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Bangalore, Karnataka. In the event of any dispute arising out of these Terms the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996, as amended from time to time. The venue and seat of arbitration shall be Bangalore, Karnataka.

21.

SEVERABILITY AND WAIVER

These Terms, the Policy and other referenced material herein or on the Domain, are the entire agreement between you and ZET with respect to the products/services offered on the Domain and shall govern the future relationship and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and ZET with respect thereto and govern the future relationship. If any provision of the Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

22.

GRIEVANCE REDRESSAL MECHANISM

23.

HOW TO CONTACT US

If you have questions or concerns about these Terms, please contact ZET at the following email address care@zetapp.in.

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