You’ll need to create an account with Zilpik to use some of our Services. Here are a few rules about accounts with Zilpik:
- You must be 18 years or older to use our Services. Minors under 18 and at least 13 years of age are only permitted to use our Services through an account owned by a parent or legal guardian with their appropriate permission and under their direct supervision. Children under 13 years are not permitted to use Zilpik or the Services. You are responsible for any and all account activity conducted by a minor on your account.
- Be honest with us. Provide accurate information about yourself. It’s prohibited to use false information or impersonate another person or company through your account. Sellers are prohibited from reselling branded products/ any product not made by the seller him/herself.
- Choose an appropriate name. If you decide to not have your full name serve as the name associated with your account, you may not use language that is offensive, vulgar, infringes someone’s intellectual property rights, or otherwise violates the Terms.
- You’re responsible for your account. You’re solely responsible for any activity on your account. If you’re sharing an account with other people, then the person whose financial information is on the account will ultimately be responsible for all activity. If you’re registering as a business entity, you personally guarantee that you have the authority to agree to the Terms on behalf of the business. Also, your accounts are not transferable.
- Protect your password. As we mentioned above, you’re solely responsible for any activity on your account, so it’s important to keep your account password secure. Here’s a Help article on how to make your account more secure.
- Let’s be clear about our relationship. These Terms don’t create any agency, partnership, joint venture, employment, or franchisee relationship between you and Zilpik.
Content that you post using our Services is your content (so let’s refer to it as “Your Content”). We don’t make any claim to it, which includes anything you post using our Services (like shop names, profile pictures, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
1. Responsibility for Your Content:
You understand that you are solely responsible for Your Content. You represent that you have all necessary rights to Your Content and that you’re not infringing or violating any third party’s rights by posting it.
2. Permission to Use Your Content:
By posting Your Content through our Services, you grant Zilpik a license to use it. We don’t claim any ownership to Your Content, but we have your permission to use it to help Zilpik function and grow. That way, we won’t infringe any rights you have in Your Content and we can help promote it. . For example, you acknowledge and agree Zilpik may offer you or Zilpik buyers promotions on the Site, from time to time, that may relate to your listings
3. Rights You Grant Zilpik:
(Here’s the legalese version of the last section). By posting Your Content, you grant Zilpik a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This allows us to provide the Services and to promote Zilpik, your Zilpik shop, or the Services in general, in any formats and through any channels, including across any Zilpik Services, our partners, or third-party website or advertising medium. You agree not to assert any moral rights or rights of publicity against us for using Your Content. You also recognise our legitimate interest in using it, in accordance with the scope of this license, to the extent Your Content contains any personal information. That sounds like a lot, but it’s necessary for us to keep Zilpik going.
4. Reporting Unauthorised Content:
Zilpik has great respect for intellectual property rights, and is committed to following appropriate legal procedures to remove infringing content from the Services. If content that you own or have rights to has been posted to the Services without your permission and you want it removed, please follow the steps listed in our Intellectual Property Policy. If Your Content is alleged to infringe another person’s intellectual property, we will take appropriate action, such as disabling it if we receive proper notice or terminating your account if you are found to be a repeat infringer. We’ll notify you if any of that happens.
5. Inappropriate, False, or Misleading Content:
This should be common sense, but there are certain types of content we don’t want posted on Zilpik’s Services (for legal reasons or otherwise). You agree that you will not post any content that is abusive, threatening, defamatory, obscene, vulgar, or otherwise offensive or in violation any part of our Terms. You also agree not to post any content that is false and misleading or uses the Services in a manner that is fraudulent or deceptive.
License to Use Our Services
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services – subject to the Terms and the following restrictions in particular:
1. Don’t Use Our Services to Break the Law:
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that your shop requires; you may not sell anything that violates any laws; you must comply with our Handmade Policy, and you may not engage in fraud (including false claims or infringement notices), theft, anti-competitive conduct, threatening conduct, or any other unlawful acts or crimes against Zilpik, another Zilpik user, or a third party.
2. Pay Your Bills:
You are responsible for paying all fees that you owe to Zilpik. Except as set forth below, you are also solely responsible for collecting and/or paying any applicable taxes for any purchases or sales you make through our Services. Please refer our Payments Policy.
3. Don’t Steal Our Stuff:
4. Don’t Try to Harm Our Systems:
You agree not to interfere with or try to disrupt our Services, for example by distributing a virus or other harmful computer code.
5. Follow Our Trademark Policy:
The name “Zilpik” and the other Zilpik marks, phrases, logos, and designs that we use in connection with our Services (the Zilpik Trademarks), are trademarks, service marks, or trade dress of Zilpik in India and other countries.
6. Share Your Ideas:
We love your suggestions and ideas! They can help us improve your experience and our Services. Any unsolicited ideas or other materials you submit to Zilpik (not including Your Content or items you sell through our Services) are considered non-confidential and non-proprietary to you. You grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
7. Talk to Us Online:
From time to time, Zilpik will provide you with certain legal information in writing. By using our Services, you’re agreeing to our Electronic Communications Policy, which describes how we provide that information to you. It says that we can send you information electronically (such as by email) instead of mailing you paper copies (it’s better for the environment), and that your electronic agreement is the same as your signature on paper. Refer contact us section for more details.
We may terminate or suspend your account (and any accounts Zilpik determines are related to your account) and your access to the Services should we have reason to believe you, your Content, or your use of the Services violate our Terms. If we do so, it’s important to understand that you don’t have a contractual or legal right to continue to use our Services, for example, to sell or buy on our websites or mobile apps. Generally, Zilpik will notify you that your account has been terminated or suspended, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
Any vendor account with zero product listing within 10 days of registration is subjected to suspension to avoid inactive vendors/any fraudulent activity.
If Zilpik terminates your account, you may lose any information associated with your account, including Your Content.
We May Discontinue the Services. Zilpik reserves the right to change, suspend, or discontinue any of the Services at any time, for any reason, including those laid out in Zilpik’s policies under these Terms and conditions. We will not be liable to you for the effect that any changes to the Services may have on you, including your income or your ability to generate revenue through the Services.
The Terms will remain in effect even after your access to the Service is terminated, or your use of the Service ends.
Warranties and Limitation of Liability (or the Things You Can’t Sue Us For):
Items You Purchase. You understand that Zilpik does not manufacture, store, or inspect any of the items sold through our Services. We provide the venue; the items in our marketplaces are produced, listed, and sold directly by independent sellers, so Zilpik can’t and does not make any warranties about their quality, safety, or even their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the item. You release Zilpik from any claims related to items sold through our Services, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
1. Content You Access:
You may come across materials that you find offensive or inappropriate while using our Services. We make no representations concerning any content posted by users through the Services. Zilpik is not responsible for the accuracy, copyright compliance, legality, or decency of content posted by users that you accessed through the Services. You release us from all liability relating to that content.
2. People You Interact With:
You can use the Services to interact with other individuals, either online or in person. However, you understand that we do not screen users of our Services, and you release us from all liability relating to your interactions with other users. Please be careful and exercise caution and good judgment in all interactions with others, especially if you are meeting someone in person. This Help article has some good advice about handling in person meetings.
3. Third-Party Services:
4. Gift Cards and Promotions:
You acknowledge that Zilpik does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorised access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorised manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By participating in a special offer or promotion, you agree that you may not later claim that the rules of that special offer or promotion were ambiguous.
ZILPIK IS DEDICATED TO MAKING OUR SERVICES THE BEST THEY CAN BE, BUT WE’RE NOT PERFECT AND SOMETIMES THINGS CAN GO WRONG. YOU UNDERSTAND THAT OUR SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY KIND OF WARRANTY (EXPRESS OR IMPLIED). WE ARE EXPRESSLY DISCLAIMING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES IMPLIED BY A COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.
WE DO NOT GUARANTEE THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL MATERIALS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR EXPECTATIONS. YOU USE THE SERVICES SOLELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIABILITY LIMITS. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER ZILPIK, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS OR REVENUES, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL ZILPIK AGGREGATE LIABILITY FOR ANY DAMAGES.
6. Indemnification (or What Happens If You Get Us Sued):
We hope this never happens, but if Zilpik gets sued because of something that you did, you agree to defend and indemnify us. That means you’ll defend Zilpik (including any of our employees) and hold us harmless from any legal claim or demand (including reasonable lawyer’s fees) that arises from your actions, your use (or misuse) of our Services, your breach of the Terms, or you or your account’s infringement of someone else’s rights.
We reserve the right to handle our legal defense however we see fit, even if you are indemnifying us, in which case you agree to cooperate with us so we can execute our strategy.
Disputes with Other Users:
If you find yourself in a dispute with another user of Zilpik’s Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.
1. Case System:
For buyers and sellers who are unable to resolve a dispute related to a transaction on our websites , Zilpik will attempt to help you resolve disputes in good faith and based solely on our interpretation of our policies, in our sole discretion; we will not make judgments regarding legal issues or claims. Zilpik has no obligation to resolve any disputes.
Release of Zilpik. You release Zilpik from any claims, demands, and damages arising out of disputes with other users or parties.
Disputes with Zilpik:
If you’re upset with us, let us know, and hopefully we can resolve your issue. But if we can’t, then these rules will govern any legal dispute involving our Services:
1. Governing Law:
The Terms are governed by the laws of the Govt of India, without regard to its conflict of laws rules. These laws will apply no matter where in the world you live, but if you live outside of the India, you may be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law.
You and Zilpik agree that any dispute or claim arising from or relating to the Terms shall be finally settled by final and binding arbitration, using the English languageArbitration, including threshold questions of arbitrability of the dispute, will be handled by a sole arbitrator in accordance with those rules. Judgment on the arbitration award may be entered in any court that has jurisdiction.
Any arbitration or mediation under the Terms will take place on an individual basis — class arbitrations and class actions are not permitted. You understand that by agreeing to the Terms, you and Zilpik are each waiving the right to trial by jury or to participate in a class action or class arbitration.** Notwithstanding the foregoing, each party shall have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator or mediator. You may instead assert your claim in “small claims” court, but only if your claim qualifies, your claim remains in such court, and your claim remains on an individual, non-representative, and non-class basis.
3. Costs of Arbitration:
Each party shall pay their share of mediation costs.
If we make any changes to this “Disputes with Zilpik” section after the date you last accepted the Terms, those changes will not apply to any claims filed in a legal proceeding against Zilpik prior to the date the changes became effective. Zilpik will notify you of substantive changes to the “Disputes with Zilpik” section at least 30 days prior to the date the change will become effective. If you do not agree to the modified terms, you may send Zilpik a written notification (including email) or close your account within those 30 days. By rejecting a modified term or permanently closing your account, you agree to arbitrate any disputes between you and Zilpik in accordance with the provisions of this “Disputes with Zilpik” section as of the date you last accepted the Terms, including any changes made prior to your rejection. If you reopen your closed account or create a new account, you agree to be bound by the current version of the Terms.
Changes to the Terms:
We may update these Terms from time to time. If we believe that the changes are material, we’ll definitely let you know by posting the changes through the Services and/or sending you an email or message about the changes. That way you can decide whether you want to continue using the Services. Changes will be effective upon the posting of the changes unless otherwise specified. You are responsible for reviewing and becoming familiar with any changes. Your use of the Services following the changes constitutes your acceptance of the updated Terms.
Finer Legal Points:
The Terms, including all of the policies that make up the Terms, supersede any other agreement between you and Zilpik regarding the Services. If any part of the Terms is found to be unenforceable, that part will be limited to the minimum extent necessary so that the Terms will otherwise remain in full force and effect. Our failure to enforce any part of the Terms is not a waiver of our right to later enforce that or any other part of the Terms. We may assign any of our rights and obligations under the Terms.
If you have any questions about the Terms, please email us at [email protected]