Welcome to ezipik services private limited Terms and Conditions ( “ezipik Terms and conditions”, “ezipik T&C”, “ezipik terms”)
Last updated: Jan 12, 2023
Ezipik is owned, registered, and operated by Ezipik services Private Limited, a company incorporated under the provisions of the Companies Act, 2013 with its registered office at FLAT NO 8 PLOT NO 2-15 SECTOR 3K AIROLI NAVI MUMBAI Thane MH 400708 IN India (hereinafter referred to as “ezipik” or “us” or “we” or “our” or “Company”).
1.1 Introduction
This document sets out the terms and conditions of using our services, through either of our platforms. These terms and conditions (“Terms of Use”) are between ezipik and you, (hereinafter referred to as “you” or “your” or “User(s)”). By accessing either of our platforms (“Platforms”), our website ezipik.com (“Website”) and/or our app ‘ezipik’ (“App”), you agree to be bound by the provisions of these Terms and Conditions.
ezipik provides its services (described below) to you through its Platforms and related services. These Terms of Use govern you, and your conduct, regardless of the means of access of the Platforms. You represent and warrant you possess the capacity and legal right to enter into this agreement and to use the Platforms for the services, in accordance with the terms and conditions contained herein.
For the purpose of these Terms of Use, wherever the context so requires "you" or "User" shall mean any individual who is desirous of availing Services on the Platform as an Attendee and/or a Creator and who is registered on the Platform for this purpose or any visitor of the Platform as the case may be.
1.2 Modifications to Terms of Use
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Use at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the services' user interface, in an email notification, or through other reasonable means. Any changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms and Conditions of Use.
1.3 Privacy
At ezipik, we respect the privacy of our users. For details, please see our Privacy Policy (accessible at this link). By using the Service, you consent to our collection and use of personal data as outlined therein.
ezipik does not sell the personal data or information of its Users (which includes creators on its Platforms), nor does it disclose or share any personal data or information with any third-party, except as per the Privacy Policy, and where it is required by law to do so.
ezipik only collects data or information from its Users that are directly related to its purpose, or incidental to such purposes, as set out in its Privacy Policy, including, but not limited to, collecting data for registering User on its Platform, completing verification of profiles, in complying with AML or KYC requirements, etc.
2.1 Services provided to Users
a. Our platforms offer various services, including website building, membership payments, and user management. We also provide a messaging tool that allows Users to chat one-on-one or in groups for free or paid content.
b. You can search for other Users on the Platform and join Groups/Channels hosted by Creators for certain services. The Company assists Users in joining Groups, but it's not responsible for the services provided by Creators.
c. You can share information and content on our Service, and you have control over who can see your content or information. We reserve the right to remove any content without notice.
2.2 Eligibility
You must be legally able to form contracts under the Indian Contract Act, 1872, to use our Platform. Minors can use the Platform with parental or legal guardian consent. ezipik may terminate membership if it's discovered that a User is under 18 years of age.
2.3 Use of the Platform
You must complete the KYC and Information Verification process (if any) and provide accurate personal information to use our services. Your mobile phone number and email address are your primary identifiers, and you must keep them up to date. You're responsible for all activities under your account and must notify us if your phone number or email address changes.
2.4 Member Account, Password and Security
Using someone else's username and password is prohibited, and proxy usage can lead to a ban from the Platform. You're fully responsible for all activities under your account and must notify us of any unauthorized use.
2.5 Modifications to Service
ezipik reserves the right to modify or discontinue any service without notice. We have no obligation to retain your account or user content beyond what's required by law.
2.6 General Practices Regarding Use and Storage
We may establish general practices and limits on the use of our platforms, including the maximum period of time that data or content will be retained and the maximum storage space allotted. We're not liable for the deletion or failure to store any data or content, and we may terminate inactive accounts. We reserve the right to change these practices and limits at any time without notice.
2.7 Mobile Services
Certain services are available via a mobile device, including uploading content and browsing the Platform.
3.0 Conditions of Use
3.1 Platform for Transaction and Communication
Our Platform is designed to connect Users with each other for the purpose of transactions. We want to clarify that we are not involved in the transactions themselves nor do we have any control over them. Any commercial or contractual agreements made between Creators and Attendees are solely between them. This includes price, payment methods, payment terms, delivery dates, delivery modes, and service warranties. ezipik does not control or advise on these terms nor does it have any involvement in them. Any discounts, exchange offers or other promotions are offered solely by the Creator/Attendee, not by ezipik.
We do not make any guarantees or warranties regarding the quality, value or salability of any services offered on our Platform. We do not support or endorse the sale or purchase of any services on our Platform, either implicitly or explicitly. We accept no responsibility for any errors or omissions made by ourselves or by third parties. We are not responsible for any non-performance or breach of contract between Attendees and Creators, and we cannot guarantee that they will fulfill their transaction obligations. ezipik is not required to mediate or resolve any disputes between Attendees and Creators.
We do not guarantee the accuracy or legitimacy of any User on our Platform, including their legal title, creditworthiness or identity. We advise that you independently verify any User with whom you choose to deal and use your best judgement.
We do not at any point during a transaction take possession of any services offered by Creators nor do we gain any rights or claims over them. We do not hold any right, title or interest in these services, nor do we have any obligations or liabilities in respect of any contracts entered into between Attendees and Creators. We are not responsible for any unsatisfactory or delayed performance of services. Our Platform is simply a means for Users to communicate and reach a wider audience for their services. Any sale of services is strictly between the Creator and the Attendee.
3.2 User Content
As a User of our Platform, you are solely responsible for all content that you upload, post, publish, display or use via our Platform, including any code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials ("User Content"). If your User Content belongs to another party or infringes upon the rights of others and we suffer any loss or damages as a result, you will be liable to indemnify us for such loss and damages.
We reserve the right to investigate and take appropriate legal action against anyone who violates this provision, including removing offending content from our Platform, suspending or terminating their account, and reporting them to law enforcement authorities.
Your User Content must not:
belong to another person without their permission
be harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner
harm minors in any way
infringe upon any patent, trademark, copyright or other proprietary rights
violate any current laws
deceive or mislead viewers about the origin of any information or contain grossly offensive or menacing information
impersonate another person
contain software viruses or other computer code that is designed to interrupt, destroy or limit the functionality of any computer resource
threaten the unity, integrity, defence security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or insult any other nation.
3.3 User Commitment
By using the Platforms, you agree to not engage in any of the following activities:
a. Attempting to access the Platforms or ezipik's servers, systems, network, or data without authorization;
b. Posting or sharing any Content that is harmful to children, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
c. Violating any applicable laws or regulations;
d. Impersonating any person or entity, or altering the headers or identifiers of any content transmitted through the Platform to conceal its origin;
e. Sharing any User Content that infringes upon any patent, trademark, trade secret, copyright, or other proprietary rights of any person or entity;
f. Posting User Content containing advertisements or other commercial solicitations without obtaining our prior written consent;
g. Uploading viruses or any other computer code, files, programs, or Content intended to interrupt, destroy, or limit the functionality of the Services or affect other users; or
h. Interfering with or disrupting the Platforms or the servers, systems, or networks connected to the Platforms in any way.
3.4 Fees
ezipik may charge a nominal fee for browsing and buying on the Platform. ezipik reserves the right to modify its Fee Policy from time to time. In particular, ezipik may introduce new services/fees at its sole discretion and modify some or all of the existing services/fees offered on the Platform. In such cases, ezipik reserves the right to introduce fees for the new services offered or amend/introduce fees for existing/new services, as appropriate. Any changes to the Fee Policy will be posted on the Platform and will automatically take effect immediately after posting. Unless stated otherwise, all fees will be quoted in Indian Rupees. You are solely responsible for complying with all applicable laws, including those in India, when making payments to ezipik services Private Limited.
3.5
In regards to services, the platform provides various payment methods, and will not be held responsible for any losses or damages incurred by the user due to unauthorized transactions, exceeding preset limits, or any other payment-related issues. Transactions and commercial terms are solely between the user and the creator, and the platform is only used to facilitate transactions. The platform is not responsible for any non-delivery, non-payment, or fraudulent activities regarding the services listed. By accepting the terms, users agree that the platform is an independent contractor and not a fiduciary agent. The payment facility is an electronic payment service, not a banking or financial service. The payment policy for creators is based on positive and negative balances, and any negative balance must be remedied immediately by the creator. As an attendee, upon initiating a transaction, you agree to pay the transaction price through your issuing bank using the payment facility. Refunds are available if services are not delivered within the agreed time frame or policies, and refunds are made through electronic payment transfers. Refunds are only available for services specified in the policies.
3.6 Automatic Renewal:
If you choose a service with an automatic renewal feature ("Recurring Subscription"), you authorize our company to keep your account information and charge your account automatically when the service is renewed without any additional action required from you. If we are unable to charge your account as authorized, we may in our sole discretion: (i) bill you for the service and suspend your access to the service until payment is received, and/or (ii) try to update your account information through third-party sources (such as your bank or a payment processor) to continue charging your account as authorized.
3.7
International Use:
As the Internet is global, you agree to follow all local rules and laws related to your use of our platforms and services, including laws related to online behavior and acceptable content.
Anti-Abuse Policy:
We prohibit sending unsolicited messages or endorsing illegal activities using our platforms. You are not permitted to conduct commercial activity on non-commercial properties or apps, or engage in high-volume activity without our prior written consent. Additionally, you cannot engage in disruptive conduct or activity that negatively impacts our platforms or other users' experience.
3.8
Anti-Corruption Policy:
You agree to comply with all applicable anti-corruption laws and are prohibited from using our platforms for any corrupt practices. This includes, but is not limited to, collecting unlawful payments from anyone for a corrupt purpose in relation to these terms and conditions.
4.0 Intellectual Property Rights
4.1
Service Content, Software and Trademarks
We respect intellectual property rights and the Platform may contain content or features that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. All trademarks and logos used on the Platform are the property of their respective owners. You acknowledge and agree that no license or right is granted to use any trademark, service mark, logo or trade name displayed on the Platform without the prior written consent of the owner thereof.
4.2
Third Party Material
The Platform may contain content or materials of third parties, including Users. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Platform and that we deem to violate these Terms of Use or is otherwise objectionable. We will not be liable in any way for any content or materials of any third parties, including, but not limited to, for 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 such content.
4.3
User Content Transmitted Through the Service
We respect intellectual property rights and expect our Users to do the same. With respect to User Content or other materials uploaded by you on the Platforms or shared with other Users or recipients, you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein.
By uploading any User Content, you grant us and our affiliates a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, adapt, perform, publish, distribute, store, modify and otherwise use and fully exploit your User Content in any and all media, form, medium, technology or distribution methods now known or later developed and for any and all purposes (commercial or otherwise).
Any questions, comments, suggestions, ideas, feedback or other information relevant to the Platform ("Submissions"), provided by you to us or our affiliates are non-confidential and we will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
4.4
Copyright/Other Personal Right Violation Complaints
At ezipik, we take intellectual property rights very seriously and respect the rights of others. We ask that our users also respect these rights. If you believe that your work or someone else's work on whose behalf you are authorized to act, has been copied in a way that constitutes copyright infringement or other personal rights violation, please notify ezipik by emailing us at support@ezipik.com.
To report a copyright infringement, please provide the following information:
A statement that you have identified material on ezipik that infringes your copyright or the copyright of someone else on whose behalf you are authorized to act;
A description of the copyrighted work that has been infringed, including the type of work and any relevant details such as the title and date of publication;
The country or countries to which your copyright applies;
A description of how the copyright material has been infringed;
A description of where the infringing material is located on our services, including a screenshot and link to the same;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner or a third party who is legally entitled to do so on behalf of the copyright owner and is not otherwise permitted by law;
A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that any User Content on ezipik violates your privacy or personal rights or is defamatory, please provide the following information:
A statement that you have identified material on ezipik that violates your privacy or personal rights or is defamatory;
A description of how your personal rights have been infringed or how the material is defamatory;
A description of where the material is located on our services, including a screenshot;
Your address, telephone number, and email address;
A statement by you, made under penalty of perjury, that the notice is accurate.
Please note that before reporting any material to us, we suggest that you seek legal advice if you are unsure whether there has been an infringement of your copyright or about your rights in the material. Our response to your notice is regulated by applicable law. False allegations or bad faith reports may result in negative consequences.
4.5 Counter-Notice
If your User Content has been removed or disabled and you believe that it is not infringing, or you have the authorization from the copyright owner or pursuant to the law, to upload and use the content in your User Content, you may send us a written counter-notice by email to support@ezipik.com Your counter-notice should include the following information:
Your physical or electronic signature;
Identification of the content that has been removed or disabled and the location where the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or misidentification of the content;
Your name, address, telephone number, and email address;
A statement that you consent to the jurisdiction of the federal court located within the District of Maharashtra and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a valid counter-notice, we will send a copy to the original complaining party informing them that they may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter
4.6 Policy for Repeated Infringement
At our discretion, and in appropriate circumstances, we reserve the right to terminate users deemed to be repeat infringers. We may also limit access to our services or terminate memberships of any users who violate the intellectual property rights of others, regardless of the frequency of the infringement.
Third-Party Websites
Our platform may provide access to other sites and resources on the internet, but we have no control over such sites and resources. We do not endorse or take responsibility for such sites and resources. You agree that we are not responsible for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or services available on or through any such site or resource. Any transactions with third parties found through our platform are between you and the third party, and you agree that we are not liable for any loss or claim you may have against any such third party.
Our Role as a Facilitator
Our platform serves as a technological medium to enable users to connect with each other, acting solely as a facilitator between Users (both Creator and Attendee). Transactions, transaction price, and all commercial terms are as per the principal-to-principal bipartite contractual obligations between Attendee and Creator, and do not include our involvement as a party to the agreement. We do not initiate, modify, or direct the creation or sharing of User Content at any point.
Social Networking Services
You can log in or enable our platform via various online third-party services, such as social media and social networking services. By integrating these Social Networking Services into our platform, we make your online experiences richer and more personalized. We may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store, and disclose such information in accordance with our Privacy Policy. However, please note that the manner in which Social Networking Services use, store, and disclose your information is governed solely by the policies of such third parties, and we have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Platforms. We are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. We enable these features merely as a convenience, and the integration or inclusion of such features does not imply an endorsement or recommendation.
Indemnification and Release
You agree to release, indemnify and hold us and our affiliates, officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of our Platforms, any User Content, your connection to our Platforms, your violation of these Terms of Use, or your violation of any rights of another.
9. Disclaimer of Warranties
YOUR USE OF THE PLATFORMS IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, ezipik EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
ezipik MAKES NO WARRANTY THAT (1) THE SERVICE WILL MEET YOUR REQUIREMENTS, (IN) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORMS WILL MEET YOUR EXPECTATIONS.
10. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ezipik WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ezipik HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE PLATFORM; (IN) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE USE OF THE PLATFORMS. IN NO EVENT WILL ezipik TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID ezipik IN THE LAST SIX 6 SUBSCRIPTIONS .
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES PROVIDED ON THE PLATFORMS OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
11. Binding Arbitration; Class Action Waiver
All disputes, claims, or controversies arising out of or relating to the Terms of Use or the Platforms that are not resolved by mutual agreement may be resolved by individual (not group) binding arbitration to be conducted before a lawyer. Unless otherwise agreed by the parties, arbitration will be held in Delhi before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, and will be conducted in accordance with the rules and regulations promulgated unless specifically modified in the Terms of Use. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator's decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Use and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Use, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses including the reasonable legal fees and expenses of the prevailing party against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys' fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Notwithstanding the provisions of the introductory section above, if ezipik changes this 'Arbitration' section after the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the date above or in the date of ezipik’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and ezipik in accordance with the provisions of this section as of the date you first accepted these Terms of Use (or accepted any subsequent changes to these Terms of Use).
YOU UNDERSTAND AND AGREE THAT THE ABOVE DISPUTE PROCEDURES SHALL BE YOUR SOLE REMEDY IN THE EVENT OF DISPUTE BETWEEN YOU AND ezipik REGARDING ANY ASPECT OF THE SERVICE ON THE PLATFORMS (INCLUDING THE ENROLMENT PROCESS) AND THAT YOU ARE WAIVING YOUR RIGHT TO LEAD OR PARTICIPATE IN A LAWSUIT INVOLVING OTHER PERSONS, SUCH AS A CLASS ACTION.
12. Termination
You agree that ezipik, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Platforms and remove and discard any content within the Platform, for any reason, including, without limitation, for lack of use or if ezipik believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Platforms, may be referred to appropriate law enforcement authorities. ezipik may also in its sole discretion and at any time discontinue providing the services on the Platforms, or any part thereof, with or without notice. You agree that any termination of your access to the Platforms under any provision of this Terms of Use may be effected without prior notice, and acknowledge and agree that ezipik may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Platforms altogether. Further, you agree that ezipik will not be liable to you or any third party for any termination of your access to the Platforms.
13. Disputes between Users
You agree that you are solely responsible for your interactions with any other user in connection with the Platforms and ezipik will have no liability or responsibility with respect thereto. ezipik reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Platform.
14. General
These Terms of Use constitute the entire agreement between you and ezipik and govern your use of the Platform, superseding any prior agreements between you and ezipik with respect to the use of the Platform. These Terms of Use will be governed by the laws of the State of Delhi without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth in Point 10 above, you and ezipik agree to submit to the personal and exclusive jurisdiction of the state and High courts located within Delhi, India.
The failure of ezipik to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.
Without prejudice to any other provision herein, ezipik shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond ezipik's control, including, without limitation, acts of the User or other Users, embargo or other governmental act, regulation or request affecting the conduct of the ezipik’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platformor these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
15. Consumer Grievance
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email signed with the electronic signature to
Attention: Ragini Agarwal
Email ID: support@ezipik.com
The grievance officer will acknowledge the receipt of any complaint within 24 hours and redress the complaint within 15 days from receipt of the complaint.
16. Contact
If you have any questions regarding the Services or usage of the Platform, please contact ezipik at support@ezipik.com. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.