These Terms and Conditions (“Terms”) govern your (“user”, “you” or “your”) access or use of the Platform (defined below). Please read these Terms carefully before accessing or using the Platform (defined below). These Terms apply in addi.on to the Addi.onal Terms and Conditions (defined below) and Zerocash rewards’s privacy policy, (“Privacy Policy”).
Your access and use of the Platform cons.tute your agreement to be bound by these Terms, which establishes a contractual rela.onship between you and Zerocash rewards Technologies Private Limited (“Zerocash rewards”, “we”, “us” or “our”), a company established under the laws of India, having its office at Zerocash Enterprises, 235, Pro Works, 2nd Floor Binnamangala, 2nd Stage Indiranagar Double Road, Indiranagar Bengaluru Karnataka 560008 India If you do not agree to these Terms, you may not access or use the Platform.
For the purpose of further clarity, this document is an electronic record in terms of the information Technology Act, 2000, (“IT Act”) and the amendments thereof from .me to .me and the rules thereunder as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures.
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DEFINITIONS
- “AddiAonal Terms and Conditions” means any guidelines, addi.onal terms, policies, or disclaimers made available or issued by us, any third party or our Affiliate from .me to .me in rela.on to the Platform.
- “Affiliate(s)” means, group companies, affiliates, associates, and/or subsidiaries of Zerocash rewards.
- “Applicable Law(s)” means any statute, law, regula.on, ordinance, rule, judgment, no.fica.on, order, decree, by-law, permit, licence, approval, consent, authorisa.on, government approval, direc.ve, guidelines, requirement, other governmental restric.ons, or any similar form of a decision of, or determina.on by, or any interpreta.on, policy or administra.on, having the force of the law of any of the foregoing, by any Governmental Authority, whether in effect as on the date of you agreeing to be bound by these Terms or at any .me therea_er.
- “Feedback” has the meaning as ascribed to the term under Clause 6.4 of these Terms
- “Governmental Authority” means any na.onal governmental authority, statutory authority, regulatory authority, government department, agency, commission, board, rule or regula.onmaking Entity or authority having or purpor.ng to have jurisdic.on over any Party, or other subdivision thereof to the extent that the rules, regula.ons, standards, requirements, procedures, or orders of such authority, body, or organisa.on have the force of any Applicable Law or any court or tribunal having jurisdic.on.
- “Issuing EnAty” means the Entity issuing the Products.
- “Platform” means the website available at www.perkle.space
- “Product” means the electronic gi_ vouchers made available by the Issuing Entity.
- “Product Terms and Conditions” refers to the terms and Conditions of the Issuing Entity governing the use of the Product.
- “Third Party Services” has the meaning ascribed to it under Clause 4.3 of these Terms.
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ONBOARDING AND REGISTRATION
- In order to access the Products listed on the Platform, you or the Entity, the organisa.on, or any other legal person that you represent, will be required to execute a separate wriden agreement with Zerocash rewards.
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RESTRICTIONS
- You shall not:
- attempt to copy, modify, duplicate, create deriva.ve works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Platform in any form or media or by any means;
- attempt to decompile, disassemble, reverse engineer or otherwise reduce to humanperceivable form all or any part of the Platform;
- replicate or attempt to replace the user experience of the Platform;
- sub-license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Platform available/accessible to any third party;
- take any action that imposes or may impose (as determined by Zerocash rewards in its sole discretion) an unreasonable or disproportionately large load on Zerocash rewards’s or its ThirdParty Service providers’ infrastructure or adversely affect the Platform;
- infringe, violate, or misappropriate any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets, of any party;
- upload or transmit any information or content that is obscene, pornographic, paedophilic, immoral, invasive of another’s privacy, or is relating to or encouraging money laundering or gambling, an online game that causes harm, or promo.ng enmity between different groups on the grounds of religion or caste with the intent to incite violence;
- cache unauthorised hypertext links to the Platform;
- attempt to obtain, or assist third par.es in obtaining, access to the Platform, other than as provided under these Terms;
- reproduce any portion of the Platform;
- use the Platform in any unlawful manner or for any fraudulent or malicious ac.vi.es;
- breach or otherwise circumvent any security or authen.ca.on methods on the Platform;
- remove any proprietary no.ces from the Platform;
- directly or indirectly use the Platform to transmit any data or send or upload any material that contains viruses, vulnerabili.es, trojan horses, worms, .me-bombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the opera.on of any computer so_ware or hardware;
- use any robot, crawler, other automated device, or manual process on the Platform to monitor or copy any part or the whole of the Platform;
- undertake ac.vi.es that are in viola.on of the Applicable Law; and
- permit or authorise any third party to do any of the foregoing.
- You agree and acknowledge that the Product is governed by the Product Terms and Conditions of the Issuing Entity as may be displayed on the Platform from .me to .me, and agree not to hold Zerocash rewards liable for any maders arising out of or in connec.on with such terms and Conditions. You understand and agree to comply the Product Terms and Conditions.
- You shall be solely responsible for maintaining confiden.ality of the login creden.als your account and consent to be liable and accountable for all ac.vi.es that take place through the account.
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You shall:
- immediately no.fy Zerocash rewards of any unauthorised use of your account or any other breach of security;
- ensure that you sign out from your account at the end of each session while accessing the Platform; and
- use all endeavours to prevent any unauthorised access to, or use of, the Platform.
Zerocash rewards shall not be liable for any losses or damages resul.ng from your failure to adhere to the obliga.ons under this Clause.
- You shall not share access keys with any third party or permit any third party to access the Platform under your account; Zerocash rewards shall not be responsible for any inaccuracies, errors, or omissions adributable to you.
- You shall not:
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DISCLAIMERS
- You acknowledge that access to the Platform and Products is provided on an “as is” basis and expressly subject to the other provisions of this Clause. Zerocash rewards does not warrant that the access to the Platform will be uninterrupted, secure or error free.
- We expressly disclaim all warran.es of any kind, express or implied, with respect to the Platform and the Products, including warran.es of merchantability, compa.bility, applicability, usability and appropriateness, fitness for a par.cular purpose, sa.sfactory quality, accuracy, and any warran.es that may arise out of the course of performance or course of dealing.
- The Platform may include services, content, documents, and information owned by, licensed to, or otherwise made available by a third party or our Affiliates (“Third Party Services”), and may also include links to the Third-Party Services. You understand and acknowledge that Third Party Services are the responsibility of the respec.ve third-party or Affiliate that renders such Third Party Services. You further acknowledge that your use of such Third-Party Services is solely at your own risk.
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Notwithstanding any provision to the contrary, to the fullest extent permissible by Applicable
Law, Zerocash rewards and its Affiliates each disclaim all liability towards you for any loss or damage
arising out of or due to:
- your use of, inability to use, or availability or unavailability of the Platform, including any Third-Party Services;
- the occurrence or existence of any defect, interrup.on, or delays in the opera.on or transmission of information to, from, or through the Platform, communica.ons failure, the_, destruc.on or unauthorised access to the records, programmes, services, server, or other infrastructure relating to the Platform; and
- your inability to use the Platform or the Product.
- You agree and acknowledge that Zerocash rewards’s ability to provide access to the Platform and the Products is dependent on third par.es, and Zerocash rewards shall not be liable for any delays, errors, interrup.ons, inaccuracies, communica.on failures, or defects with respect to access to the Platform or the Products or any consequent loss, or damage that is adributable to such third par.es. Zerocash rewards makes no representa.ons and excludes all warran.es and liabili.es arising out of or pertaining to such third-party services.
- You agree and acknowledge that Zerocash rewards shall not be held liable to you in any manner for any scheduled down.me or unscheduled down.me.
- Zerocash rewards shall not be liable for any loss or damage in connec.on with the Product, including for withdrawal of such Product by the Issuing Entity or a Third-Party Service provider and the Issuing Entity’s failure to enable redemp.on of the Product.
- Zerocash rewards shall in no manner be responsible for the redemp.on of the Products. Zerocash rewards makes no representa.ons and disclaims all warran.es and liabili.es arising out of or pertaining to any redemp.on of the Products.
- Zerocash rewards is neither responsible for the content or information provided by the Issuing Entity’s website nor does it make any warranty, express or implied, about the contents and validity of such websites. Zerocash rewards has no control over any data shared by you on any Issuing Entity’s website. Zerocash rewards shall not be liable for any kind of usage of data by the Issuing Entity.
- You agree and acknowledge that any goods or services as may be availed by redeeming the Products are provided by the Issuing Entity or third par.es that the Issuing Entity has partnered with and Zerocash rewards (i) does not provide any of the goods or services; and (ii) is not liable for sale, quality, features, fulfilment and/or delivery of the goods or services selected through redemp.on of the Products. Zerocash rewards shall not be responsible for any loss, damage, costs or claims of any nature whatsoever, in rela.on to the provision or use of such goods or services.
- You agree and acknowledge that the redemp.on of a Product cannot be cancelled, varied, or reversed.
- You agree and acknowledge that the Issuing En..es reserve the right to unilaterally amend, with or without no.ce, any of the Product Terms and Conditions. Zerocash rewards shall not remain liable for any loss or damage in connec.on with such amendments.
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REFUNDS
- You agree and acknowledge that the Products supplied and distributed through the Platform, once delivered, will not be en.tled for any refund, replacement, reimbursement or exchange for any reasons whatsoever. Under no circumstances shall Zerocash rewards be held liable for any the_, destruc.on, falsifica.on or fraud that might occur a_er receipt of the Products, and Zerocash rewards disclaims all liability in this regard.
- You agree and acknowledge that Zerocash rewards shall not be responsible or liable to address any query in rela.on to refunds from your and/or the beneficiary.
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INTELLECTUAL PROPERTY RIGHTS
- All rights, .tle, and interest in and to the Platform, including text, graphics, so_ware, photographs and other images, videos, sounds, trademarks, and service marks, are owned by or otherwise licensed to Zerocash rewards.
- All names, whether or not appearing with the trademark symbol, are trademarks that belong to Zerocash rewards unless otherwise stated. The use or misuse of these trademarks or any other materials is expressly prohibited and may violate copyright law, trademark law, and any other Applicable Law.
- The contents of the Platform are subject to copyright protec.on. The contents of the Platform may not be copied, recopied, reproduced, or otherwise redistributed. You shall not copy, display, download, distribute, modify, reproduce, republish, or retransmit any information, text, or documents contained in this Platform or any portion thereof in any electronic medium or in hard copy, or create any deriva.ve work based on such images, texts, or documents, without Zerocash rewards's express wriden consent.
- Zerocash rewards may request you to submit sugges.ons and other feedback, including bug reports, relating to the Platform, from .me to .me (“Feedback”). Zerocash rewards may freely use, copy, disclose, publish, display, distribute, and exploit the Feedback without any payment of royalty, acknowledgement, prior consent, or any other form of restric.on arising out of your IPR. You hereby waive any rights that may arise out of such Feedback and agree to execute such documenta.on as Zerocash rewards may request to give effect to Zerocash rewards’s rights under this Sec.on.
- You may upload or submit certain information, content, submissions, ideas, sugges.ons, proposals, plans, or other material. You hereby grant Zerocash rewards a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free license to use, display, store, host, communicate, make available, modify, adapt, translate, and create deriva.ve works of such content for the purpose of providing access to the Platform and related services.
- Zerocash rewards reserves and retains all right, .tle, and interest to its own IP. You agree to not violate any IPR of Zerocash rewards, including without limita.on, confiden.al rela.onships, patents, trade secrets, copyright and any other proprietary rights.
- You grant Zerocash rewards a non-exclusive, royalty-free right to use its name, logo, iden.fying information and other IP on the Platform for promo.onal, marke.ng, and opera.onal purposes, including but not limited to case studies, tes.monials, and other marke.ng collateral.
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TERMINATION
- Zerocash rewards may, at any .me, terminate your access to the Platform, without cause or no.ce, which may result in the forfeiture and destruc.on of all information associated with your account. If you wish to terminate your account, you may do so by following the instruc.ons on the Platform. All provisions of these Terms that by their nature should survive termina.on shall survive 7 termina.on, including, without limita.on, ownership provisions, warranty disclaimers, indemnity, and limita.ons of liability.
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INDEMNITY
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You shall defend, indemnify, and hold Zerocash rewards, its Affiliates, and each of its and its Affiliates’
employees, officers, associates, licensors, successors, assigns, agents, contractors, directors,
suppliers, and representa.ves harmless from and against any indirect losses, liabili.es,
demands, lawsuits, claims, and expenses, judicial proceeding, (including, without limita.on,
from all damages, liabili.es, sedlements, costs and adorneys’ fees), that arise from or relate to:
- acts, commissions or omissions, errors, misrepresenta.ons, misconduct, negligence, fraud, forgery, dishonesty, viola.on adributable to you and/or your personnel/agents/representa.ves, or any third party who may use your account.
- your access to the Platform and your use of the Platform in viola.on of these Terms.
- contraven.on of any Applicable Law.
- any claim from any Governmental Authority or any third party, as a result of any action or inaction on your part, including but not limited to a breach of these Terms or any acts commided beyond the scope of these Terms.
- any third-party claims for any act or omission adributable to you.
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You shall defend, indemnify, and hold Zerocash rewards, its Affiliates, and each of its and its Affiliates’
employees, officers, associates, licensors, successors, assigns, agents, contractors, directors,
suppliers, and representa.ves harmless from and against any indirect losses, liabili.es,
demands, lawsuits, claims, and expenses, judicial proceeding, (including, without limita.on,
from all damages, liabili.es, sedlements, costs and adorneys’ fees), that arise from or relate to:
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LIMITATION OF LIABILITY
- In no event shall Zerocash rewards, its directors, employees, agents, partners, vendors, suppliers, be liable under contract, tort, strict liability, negligence, or any other legal or equitable theory with respect to the Platform (a) for any lost profits, data loss, cost of procurement of subs.tute goods or services, or, special, indirect, incidental, puni.ve, or consequen.al damages of any kind whatsoever, subs.tute goods or services (however arising); and (b) for any bugs, viruses, trojan horses, or the like (regardless of the source of origina.on).
- Notwithstanding anything to the contrary, in no event shall Zerocash rewards’s total aggregate liability to you or any third party arising out of or in rela.on to these terms exceed INR 1,000 (One Thousand).
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DISPUTE RESOLUTION
- These Terms shall be governed by and construed in accordance with the laws of India and subject to the Clauses below, any dispute concerning these Terms shall be subject to the exclusive jurisdic.on of courts in Bengaluru, India.
- Any dispute or claim arising out of or in connec.on with or relating to these Terms, or their breach, termina.on, or invalidity hereof, your use of the Platform or in connec.on with the access to the Platform shall be referred to and finally resolved by arbitra.on in Bengaluru in accordance with the Arbitra.on and Concilia.on Act, 1996 for the .me being in force. Within 30 (Thirty) days of the issue of a no.ce of dispute, Zerocash rewards and you shall mutually agree on the appointment of a sole arbitrator. If such mutual agreement is not arrived at within the aforesaid 30 (Thirty) days period, Zerocash rewards and you shall appoint such sole arbitrator in accordance with the Arbitra.on and Concilia.on Act, 1996. The seat of arbitra.on shall be Bengaluru, and the arbitra.on proceedings shall be conducted in the English language.
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SEVERABILITY
- If any provision of these Terms is determined by any court or other competent Governmental Authority to be unlawful or unenforceable, the other provisions of these Terms will con.nue in effect. If any unlawful or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will con.nue in effect (unless that would contradict the clear inten.on of the clause, in which case the en.rety of the relevant provision will be deemed to be deleted).
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MODIFICATION
- Zerocash rewards reserves the right at any .me to modify these Terms and to add new or Addi.onal Terms and Conditions on the access to the Platform. If you choose to con.nue accessing the Platform a_er such modifica.ons, it will be considered as your acceptance of the modified Terms. In the event you refuse to accept such changes, please do not access the Platform. We also reserve the right to suspend, withdraw or restrict the availability of all or any part of our Platform at our sole discretion.
- Zerocash rewards reserves the right to modify, suspend or discon.nue, temporarily or permanently, the Platform, or any part thereof, at any .me and for any reason, with or without no.ce, and without any liability to you or to any third party for any claims, damages, costs, or losses resul.ng therefrom.
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ENTIRE AGREEMENT
- These Terms cons.tute the en.re understanding between you and Zerocash rewards regarding the subject of this Agreement and supersedes all prior agreements, whether wriden or oral, between you and Zerocash rewards.