Please read these Terms carefully before using this website & mobile application (“Website” & “Mobile Application”). By using this Website & Mobile Application, you acknowledge that you have read, understood, and agreed to be bound by the Terms contained on this page, which govern Orchestrade Technologies Pvt Ltd’s (hereinafter referred to as “OTPL” and “TradeZapp”) relationship with you in relation to this Website & Mobile Application. OTPL may revise and update these Terms from time to time. Your continued usage of the Website & Mobile Application is considered as an implied acceptance of the changes and that you agree to abide by the changed Terms.

In these Terms, references to “you”, “your”, “User(s)”, “they” shall mean the end user (including its successors and permitted assigns) accessing the Website & Mobile Application and its contents; “we”, “us” and “our” shall mean Orchestrade Technologies Pvt Ltd and its affiliates/associates; and “party”, “parties” shall mean you and/or OTPL as the context may require.

INTRODUCTION

Use of the Website & Mobile Application is offered to you conditioned on acceptance without modification of all the terms, conditions, and notices contained in these Terms, as may be posted on the Mobile Application from time to time. OTPL, at its sole discretion, reserves the right not to accept a User from registering on the Website & Mobile Application without assigning any reason thereof.

USER ACCOUNT, PASSWORD, AND SECURITY

Upon downloading the Mobile Application or registering as a User on the Website, you will be required to enter your official email ID and password for log-in. You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify OTPL of any unauthorized use of your password or account or any other breach of security and (b) ensure that you exit from your account at the end of each session. It may be noted that this Website & Mobile Application, once opened, will be active in the background and will only stop upon log out or device switch-off. OTPL will not be liable for any loss or damage arising from your failure to comply with this clause.

PRIVACY POLICY

The User hereby consents, expresses, and agrees that they have read and fully understand the Privacy Policy of OTPL. The User further consents that the terms and contents of such Privacy Policy are acceptable to them.

CHANNEL SUBSCRIPTION

By providing your data, you agree to be communicated by us via email to facilitate your navigation of the Website & Mobile Application. We may communicate updates and uploads periodically and as and when required.

USER CONDUCT AND RULES

You will not, nor will allow third parties acting on your behalf to (i) make and distribute copies of the Website & Mobile Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange, or translate the Website & Mobile Application; or (iii) create derivative works of the Website & Mobile Application of any kind whatsoever.
You acknowledge and agree that the terms of agreement with your respective mobile network provider/Internet Service Provider will continue to apply when using the Website & Mobile Application. As a result, you may be charged by the mobile network provider/ISP for access to the network connection services for the duration of the connection while accessing the Mobile Application or any such third-party charges as may arise. OTPL specifically denies any liability for such charges.

You agree and undertake to use the Website & Mobile Application only for purposes and post and upload data/information/material that are permitted and proper. By way of example, and not as a limitation, you agree and undertake that when using the Website & Mobile Application, you will not:

  • Host, display, upload, modify, publish, transmit, disseminate, update, or share any data/information/material/files that:
  • Belongs to another person and to which you do not have any right.
  • Is grossly harmful, harassing, inappropriate, 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 whatever.
  • Harms minors in any way.
  • Infringes any patent, trademark, copyright, or other proprietary rights.
  • Deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
  • Impersonates another person.
  • Contains software viruses, corrupt files, or any other computer code, files, or programs designed to interrupt, destroy, or limit the operation of the Website & Mobile Application.
  • Threatens 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 cognisable offence or prevents investigation of any offence or is insulting to any other nation.
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others.
  • Conduct or forward polls, contests, or photographs posted on the Website & Mobile Application.
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such a manner.
  • Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material containedin a file that is uploaded.
  • Violate any code of conduct or other guidelines, which are applicable to you.
  • Violate any applicable laws or regulations for the time being in force in or outside India.
  • Violate any of the terms and conditions of these Terms or any other terms and conditions for the Website & Mobile Application contained elsewhere herein.
  • Make any derogatory, defamatory, abusive, inappropriate, profane, or indecent statement(s) and/or comment(s) about OTPL and/or its affiliates/associates.

USER WARRANTY AND REPRESENTATION

You guarantee, warrant, and certify that you are the owner of the content which you submit or are otherwise authorized to use the content and that the content does not infringe upon the property rights, intellectual property rights, or other rights of others. You further warrant that, to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any content, including trademark, trade name, service mark, and copyright formerly or currently used by you in connection with the Website & Mobile Application.

MEMBERSHIP ELIGIBILITY

Use of the Website & Mobile Application is available only to persons who can form 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, etc., are not eligible to use the Website & Mobile Application. OTPL reserves the right to terminate your membership and/or refuse to provide you with access to the Website & Mobile Application if it is brought to OTPL’s notice or if it is discovered that you are under the age of 18 years.

INTELLECTUAL PROPERTY RIGHTS

  1. Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, OTPL owns all Intellectual Property Rights to and into the Website & Mobile Application, including, without limitation, any and all rights, title, and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets, and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce, or distribute any content from the Website & Mobile Application belonging to OTPL.
  1. Notwithstanding the foregoing, it is expressly clarified that you will retain ownership and shall solely be responsible for any content that you provide or upload when using the Website & Mobile Application, including any text, data, information, images, photographs, or any other material which you may upload, transmit, or store when making use of the Website & Mobile Application.

LINKS TO THIRD PARTY SITES:

The Website & Mobile Application may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of OTPL and OTPL is not responsible for the contents, services or products of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. OTPL is not responsible for any form of transmission whatsoever, received by you from any Linked Site. The inclusion of any link does not imply endorsement by OTPL of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. OTPL has no specific prior review process or editorial control over third party content. The Users are requested to verify the accuracy of all information on their own before undertaking any reliance on such third-party information appearing on the Linked Sites or otherwise.

MONITORING:

OTPL reserves the right, but not the obligation, to monitor the Website & Mobile Application to determine compliance with the terms of this Website & Mobile Application and any rules/policies established by OTPL to satisfy any law or regulation.

The Users of the Mobile Application are expected to update the Mobile Application on a regular basis so that they are duly aware of any change(s) in Terms. In the event of failure to update the Mobile Application, as and when available, the Users understand and agree that they agree to the updated Terms by virtue of continued use of the Mobile Application and that OTPL shall not be liable in any manner whatsoever for such failure of the User to update the Mobile Application.

GENERAL TERMS AND CONDITIONS:

  1. You are responsible for remaining knowledgeable about the Terms as updated from time to time.
  2. You agree to be communicated by us via email to facilitate your navigation and use of the Website & Mobile Application.
  3. We shall not be liable or responsible for correspondence lost or delayed in the email.
  4. You represent and warrant that all information placed by you in your profile, including but not limited to name, address, mobile number, and email addresses, are correct.
  5. We reserve the right to add, modify, delete, or otherwise change the Terms without any approval, prior notice, or reference to any User.
  6. In the event of a dispute in connection with the interpretation of the Terms, our decision shall be final and binding.
  7. These Terms shall be read in conjunction with the other policies of OTPL included herein by reference or otherwise

INDEMNIFICATION:

You agree to indemnify, defend, and hold harmless OTPL and all affiliates/associates from and against any and all losses, liabilities, claims, damages, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by OTPL and all affiliates/associates that arise out of, result from, or may be payable by virtue of any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by you pursuant to these Terms.

TERMINATION:

  1. OTPL may suspend or terminate your use of the Website & Mobile Application, at its sole and absolute discretion, if you have breached any of the Terms.
  2. If you or OTPL terminates your use of the Website & Mobile Application, OTPL may delete any content or other materials relating to your use of the Website & Mobile Application, and OTPL and all affiliates/associates will have no liability to you or any third party for doing so.

GOVERNING LAW:

These Terms shall be governed by and construed in accordance with the laws of India without reference to conflict of laws principles, and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Navi Mumbai, India.

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 the Terms or the right to use the Website & Mobile Application by you contained herein or any other section or pages of the Website & Mobile Application or any Linked Sites in any manner whatsoever.

INTERPRETATION OF NUMBER AND GENDERS:

The Terms herein shall apply equally to both the singular and plural forms of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes”, and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder”, and words of similar import refer to the Terms as a whole.

SEVERABILITY:

If any provision of the Terms is determined to be void, unlawful, or otherwise 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 these Terms shall continue to be in full force and effect.

NO AGENCY OR PARTNERSHIP:

OTPL and all affiliates/associates and you are independent contractors. Neither party may direct or control the day-to-day activities of the other; neither party may create or assume any legal obligation on behalf of the other.

NO WAIVER

A delay or omission by OTPL to exercise any right or power under these Terms will not be construed to be a waiver thereof. A waiver by OTPL of any of the covenants to be performed by you or any breach thereof will not be construed to be a waiver of any succeeding breach thereof or of any other covenant under these Terms.

NOTICES:

We may provide notice to Users via official email.

NO THIRD PARTY BENEFICIARIES:

Users acknowledge and agree that these Terms shall in no event be construed as a third-party beneficiary contract, and that it is not intended for the benefit of any person or company whomsoever except the parties hereto.

ASSIGNMENT:

OTPL and all affiliates/associates may assign any or all of its rights and obligations hereunder to any party without the prior consent of or notice to Users.

CONDITIONS OF USE:

Please read these conditions carefully before placing an order for any products. These conditions signify your agreement to be bound by these conditions.

In addition, when you use any current or future service, it will also be subject to the terms, guidelines, and conditions applicable to that service (“Terms”). If these Conditions of Sale are inconsistent with such Terms, the Terms will control.

LIMITATION OF LIABILITY AND ROLE OF TRADEZAPP

The placement of orders through the Tradezapp application constitutes a direct agreement between the seller (“Vendor”) and the buyer (“Customer”), with Tradezapp serving solely as a platform to facilitate interactions. Tradezapp assumes no liability or responsibility for the completion or fulfillment of any transaction between the Vendor and the Customer. Tradezapp is not a marketplace, and any contract of sale arising through its services exists solely between the Vendor and the Customer.

The Vendor is exclusively responsible for the creation, operation, and management of their Tradezapp Store, including but not limited to the goods or services offered, the execution of transactions, and all associated customer interactions. This responsibility extends to:

  • Authorizing charges to Customers in connection with purchases.
  • Handling refunds, returns, sales fulfillment, customer service, and addressing fraudulent transactions.
  • Ensuring compliance with all legal and regulatory requirements, including but not limited to consumer protection laws applicable in jurisdictions where products or services are offered.
  • Addressing any alleged or actual violations of law or breaches of these Terms of Service.

Tradezapp shall not act as the seller, merchant of record, or have any responsibility for the content of listings or the quality, legality, or delivery of items sold by Vendors to Customers.

VENDOR RESPONSIBILITY FOR GOODS AND SERVICES

Vendors bear sole responsibility for the goods and services they offer through the Tradezapp platform. This includes, but is not limited to:

  • Accurate descriptions, pricing, fees, and applicable taxes.
  • Ensuring the quality and safety of products or services.
  • Providing all legally required disclosures and adhering to regulatory compliance.
  • Managing promotional content or offers in accordance with applicable laws.
 

Tax Obligations Vendors are solely responsible for determining, collecting, withholding, reporting, and remitting all applicable taxes, duties, fees, surcharges, and any additional charges that may arise from sales conducted through the Tradezapp platform. Tradezapp is not a marketplace, and any sales contract formed is exclusively between the Vendor and the Customer.

LOSSES

We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill, or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both vendor & buyer, when a contract for the sale of goods by vendor to buyer was formed.

Refunds Policy: does not provide refunds for any reason. All refund-related matters must be resolved directly between the Vendor and the Customer.

Shipment & Replacement Policy: TradeZapp does not handle shipments or replacements. All logistics, damages, and replacement-related matters must be resolved directly between the Vendor and the Customer.

ALTERATION OR AMENDMENTS TO THE CONDITIONS

We reserve the right to make changes to our policies and these Conditions at any time. You will be subject to the policies and Conditions unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

EVENTS BEYOND OUR REASONABLE CONTROL

We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.

WAIVER

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

GOVERNING LAW AND JURISDICTION

These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Navi Mumbai.

QUESTIONS AND GRIEVANCES

If you have any questions or grievances about our privacy practices, please feel free to contact us at:

Name: Akshay Shinde
Address: 18th Floor, Arihant Aura,
Thane – Belapur Road, Opp – Turbhe Railway Station Turbhe,
Navi Mumbai, Maharashtra, India – 400705
Email Id: info@getfin.zerocodesite.com
Phone No: +91-8657538567

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