TERMS OF USE



Welcome to Zecpe, a brand of Dollapee Private Limited. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services'').

These Terms of Use (the “Terms'') are a binding contract between you and Zecpe (“Zecpe” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.



Introduction

  1. These terms of use (the “Terms of Use”), read together with the privacy policy located at (“Privacy Policy”) constitute a legal and binding agreement (“Agreement”) between You (hereinafter referred to as “You”, or “Your” or “User(s)” and Dollapee Private Limited (the “Company”), having its registered office at “25, Anand Industrial Estate, Opposite Cosy Hotel, Ranipur, Narol, Ahmedabad GJ 382405 IN” and provides, inter alia, the terms that govern Your access and use of the Company’s product for facilitating online payments, for a faster, smoother, one-click checkout from a merchant’s website.
  1. These Terms of Use constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000.
  1. These Terms of Use apply to all Users who choose to checkout using Zecpe from a merchant’s website and make online payments via Zecpe.
  1. Please read the Terms of Use and the Privacy Policy of the Company with respect to the use of the Services carefully before using the same. Any capitalized term used in this term of use and not defined herein shall have the meaning as defined in the Privacy Policy. In the event of any discrepancy between the Terms of Use and any other policies with respect to the Services, the provisions of these Terms of Use shall prevail.
  1. By using the Services, You signify Your agreement to (1) these Terms of Use, (2) Privacy Policy, and any other terms that are updated from time to time. If You do not agree to any of these terms, please do not proceed to checkout via Zecpe or use any of the Zecpe services as doing so means you agree to be bound by the terms of this Privacy Policy and terms of service.
  1. This Agreement does not alter in any way the terms or conditions of any other agreement You may have with us, or our subsidiaries or affiliates, for Services or otherwise. If You are using the services on behalf of any entity, You represent and warrant that You are authorized to accept these terms on such entity's behalf and that You agree to indemnify us for violation of this Agreement.


Use of the Service

You promise to provide us with accurate, complete, and updated registration information about yourself. You may not provide information that you don’t have the right to use, or another person’s name with the intent to impersonate that person. You may not transfer your account to anyone else without our prior written permission.

You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).

‍You will only use the Services for your own internal, personal, non-commercial use, not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. ‍ You will not share your account with anyone, and you must protect the security of your account details. You’re responsible for any activity associated with your account.

By using our Services, you acknowledge and agree that You will not:

  • reproduce or attempt to reproduce the Services.
  • modify, adapt, translate or create any derivative works of the services or attempt to do the foregoing.
  • attempt to circumvent or disable the services or any technology, features, or measures in the checkout services by any means or in any manner.
  • attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for our services.
  • distribute, encumber, sell, rent, lease, and sub-license our services to any third party.
  • violate the security of any computer network, crack any password or security encryption codes relating to our services.
  • run any form of auto-responder or spam on the Services which interferes with the proper working of the services.
  • launch or use any automated system, including without limitation, “robots,” “crawls”, “spiders,” that accesses the Services in any manner.
  • access or use the Services in any manner that could damage, disable, overburden or impair any of the Company’s servers or the networks connected to any of the servers on which our service is hosted.

  • remove or alter any trademark, logo, copyright, or other proprietary notices, legends, symbols, or labels in or on our service or used in the connection with our service.

  • disrupt or interfere with the security of, or otherwise cause harm to, the Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers, or networks connected to or accessible through the Services/products or any affiliated or linked sites.
  • post, transmit, or make available any material that contains viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files, or such other programs that may harm the Services, interests, or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent.
  1. This Agreement is published in compliance with, and is governed by the provisions of Indian law, including but not limited to:
    • the Indian Contract Act, 1872;
    • the Information Technology Act, 2000 (the “IT Act”);
    • the rules, regulations, guidelines, and clarifications framed under the IT Act, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”);
    • the Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”); and
    • the Consumer Protection Act, 1986.


Submission of Information

  1. If You allow third-party access to the Services on your behalf, You shall ensure that the said third party is bound by and abides by the terms of this Agreement.
  1. Please refer to our Privacy Policy to know more about our policy with regards to collections, storage, and use of personally identifiable information provided by You.
  1. The Company authorizes You to access Zecpe solely for the purpose of using the Services.
  1. You hereby authorize the Company to (i) render the Services provided by the Company (ii) use Your submitted information to provide a personalized checkout experience, and (iii) maintain a record of Your information as specified in the Privacy Policy
  1. As a fast-moving company, we change/ deprecate/ add services very frequently. We try letting our users know of any changes, however, it is sometimes impractical/ unfeasible for us to do so. We reserved the right to change or remove any part of the services from the overall Services whenever we deem necessary.
  1. The Company reserves the right, at its sole discretion, to suspend Your ability to use or access the Services at any time while the Company investigates complaints or alleged violations of this Agreement, or for any other reason. Further, it shall also have the ability to prohibit or restrict You from using the Services, in its opinion, feels that You are misusing Zecpe in any manner whatsoever.
  1. The use of Zecpe is governed by the Company’s Privacy Policy which sets forth its standard practices regarding the collection, use, and disclosure of personal information that it obtains about You in connection with the Services.


User Covenants

  1. You agree and represent that You are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to use the Services. In the event a minor uses Zecpe and the related Services, it is assumed that he/she/they have obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of its Services and Zecpe platform. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. Also, We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible.
  1. You shall at all times, while using the Services comply with all applicable laws and regulations necessarily required to procure the Services from the Company and that the Company shall not be liable for any of Your unlawful acts while using the Services.


Intellectual Property Rights

All the intellectual property used on Zecpe by the Company shall remain the property of the Company. You agree not to circumvent, disable or otherwise interfere with security-related features of Zecpe.



Liability

Any information or content publicly posted or privately transmitted through the Services is the sole responsibility of the person from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.

‍The Services may contain links or connections to third-party websites or services that are not owned or controlled by Zecpe. When you access third-party websites or use third-party services, you accept that there are risks in doing so and that Zecpe is not responsible for such risks. We encourage you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.

Zecpe has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed on any third party websites or by any third party that you interact with through the Services. In addition, Zecpe will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

  1. The Company does not provide or make any representation, warranty, or guarantee, express or implied about the Services.
  1. The Company shall not be liable for any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the inability to use or performance of the Services. This shall extend to the loss suffered by You due to delay or inability to use the Services.
  1. The Company shall not be responsible or liable in any manner to You for any losses, damage, injuries, or expenses incurred as a result of the use of Zecpe in any manner.
  1. The Company has no control over the accuracy, privacy policy, and/or content of any merchant website including any third-party website whatsoever. By using Zecpe for checking out of a merchant’s portal, You release the Company and hold it harmless from any and all liability arising from Your use of any merchant website and/or third-party service. The Company will not be responsible for any loss or damage suffered by You on account of your dealings with such third party and will not be involved in any dispute that may arise between You and such third party.
  1. It is agreed and acknowledged by You that to the fullest extent permitted by law, in no event shall the Company, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, losses or expenses or consequential damages whatsoever resulting from (i) any errors, mistakes, or inaccuracies of User content or any other content available on Zecpe, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Zecpe, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from Zecpe, and/or (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through Zecpe by any third party whether or not the Company is advised of the possibility of such damages.


Indemnity

You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third-party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from (i) Your access to or use of Zecpe in any fraudulent manner, and (ii) violation of the Agreement i.e. Terms of Use and Privacy Policy as agreed herein. The Company will notify You promptly of any such claim, loss, liability, or demand, and in addition to Your foregoing obligations, You agree to provide us with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage, or cost.



Severability

If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.



Term and Termination

This Agreement will remain in full force and effect while You use Zecpe in any form or capacity provision and all other provisions of this Agreement shall continue to be in full force and effect.

The Company reserves the right to terminate Your access to Zecpe and this Agreement in the event of a breach of any terms contained in this Agreement, misrepresentation of information, any unlawful activity or is unable to verify or authenticate any information the You submit to the Company, such provision and all other provisions of this Agreement shall continue to be in full force and effect.

Clauses under the headings Covenants, Liability, Indemnity, Intellectual Property, Dispute Resolution, and Notices shall continue and survive the termination of this Agreement.



Dispute Resolution and Governing Law

This Agreement and any contractual obligation between the Company and You will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Ahmedabad.

All disputes will be subject to arbitration at Ahmedabad in English by a single arbitrator appointed by You and the Company under the Arbitration and Conciliation Act, 1996.



Headings

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent, or intent of this Agreement, the terms of Service, or the right to use Zecpe by the Users contained herein.



Disclaimer

The Company hereby disclaims all representation(s) and/or warranty(ies), either express or implied, including without limitation, warranties of fitness for a particular purpose, title, and non-infringement. In addition, thereto the Company makes no representations, warranties, or guarantees that the Services shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusions,



Assignments

The User cannot assign, delegate or transfer these Terms or its rights or obligations hereunder in any way (by operation of law or otherwise) without the Company’s prior written consent. The Company is free to transfer, assign, or delegate these Terms and its rights and obligations without the User’s consent.



Notices

All notices and communications shall be in writing, in English, and shall be deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email/ facsimile, with due acknowledgment of complete transmission to the following address



Questions and Contact Information

Questions or any feedback about the Services may be directed to the Company and You may contact us at the email address: hello@codfirm.in AND hriday@zecpe.com;