These Terms and Conditions (“Terms”) govern the use of or access to “Zoop Wallet”, a mobile application (“App”), and the Services (defined below). 

Please read these Terms carefully before accessing or using the Services. These Terms are also included in Privacy Policy & Disclaimer for any guidelines, additional terms, policies, or disclaimers made available or issued by us from time to time. 

These Terms constitute a binding and enforceable legal contract between Quagga Tech Private Limited (“Zoop”, “we”, or “us”) and any user of the Services (“you”, “User”, “your”). 

By using the Services, you agree that you have read, understood, and are bound by these Terms, and that you comply with the requirements listed herein. If you do not agree to all of these Terms or comply with the requirements herein, please do not access the App or use the Services.

1. DEFINITIONS

1.1 “Additional Information” shall have the same meaning as assigned to the term under clause 3.1(iii) of these Terms
1.2 “Applicable Law” means any statute, law, regulation, ordinance, rule, judgment, notification, order, decree, by-law, permits, licenses, approvals, consents, authorisations, government approvals, directives, guidelines, requirements or other governmental restrictions, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law of any of the foregoing, by any regulatory authority, whether in effect as on the date of you agreeing to be bound by these Terms or at any time after.
1.3 “Docuwallet” shall mean the storage solution offered by Zoop.
1.4 “Partner” shall include all such financial institutions, banks, Non-Banking Financial Companies, and other entities whom Zoop has partnered with.
1.5 “Partner Services” shall mean the services extended by Partners to the Users.
1.6 “Person” shall include an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company, a bank, a non-banking financial company or other entity or organization, including a government or political subdivision, or an agency or instrumentality thereof and/or any other legal entity.
1.7 “Services” shall mean such services set out under clause 3.1
1.8 “Uploaded Documents” shall mean all the documents uploaded by a User on the Docuwallet.
1.9 “User Data” shall mean any and all Uploaded Documents and/or any other data or information that you provide or share with us. This shall include but not be limited to all information derived from Uploaded Documents and/or Additional Information or which is generally available about you in the public domain.

2. ELIGIBILITY

2.1 You represent and warrant that you (i) have full legal capacity and authority to agree and bind yourself to these Terms, (ii) are eighteen years of age or older, and (iii) are an Indian resident. 

3. SCOPE OF SERVICES

3.1 Services offered: We offer the following services to our Users (“Services”):

1. Storage Solution: By way of Docuwallet, we provide storage, retrieval, management and access features and functionality for User Data. Our storage services will include organization features and functionality.

2. Verification Solution: Subject to the verifiability of the Uploaded Documents, you may choose to avail our verification services. Upon successful verification of any Uploaded Document, you will be classified as a verified User and this will enable faster and seamless processes and preferred treatment while availing the Partner Services.

3. Extraction of data: You hereby agree and accept that we may, subject to your prior consent, fetch additional data concerning you from various third-party sources.

4. Sharing of User Data: Based on your consent and Partner Service you choose to avail, Zoop shall export and share User Data with the Partner in order to enable you to avail the Partner Services. Further you agree that you may be required to upload and/or share such additional documents (“Additional Information”) with us, which the Partner may need in order to provide you Partner Services.

3.2 Modification/updation/discontinuation of Services and/or addition to Services: 

1. You acknowledge and agree that we may have to modify the Services to comply with the applicable laws. As a result of this, you may be unable to access or use all or any part of the Services. We shall not be liable to you for such inability to use the Services pursuant to our compliance with the Applicable Laws.

2. Notwithstanding the above, we reserve the right at any time to add, modify, update, or discontinue, temporarily or permanently, the Services (or any part thereof) with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation of the Services.

   
   

Third Party Services: 

1. The Services may include services, Partner Services, content, documents, and information owned by, licensed to, or otherwise made available by a third-party or Partners (“Third-Party Services”) or contain links to Third-Party Services. You understand and acknowledge that Third-Party Services are the responsibility of the third-party that created or provided it and acknowledge that use of such Third-Party Services is solely at your own risk.

2. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Should you avail a Third-Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third-parties providing the Third Party Services. Further, all intellectual property rights in and to Third-Party Services are the property of the respective third-parties.

Use of Services: 

1. Restrictions: Our Services are offered only in India. We may restrict access to our Services from other locations.

2. Storage Limits: There may be limits on the type of User Data that you upload on our App or share with us, including but not limited to, the file types we do not support or the number and/or type of devices that a User can use to access our App and/or Services.

3. Notwithstanding the above, you agree that we may impose other restrictions on the use of Services, including but not limited to restricting your account functionality.

4. Our application collects and processes certain information such as your name, email id, date of birth, age and other such data from you. We are committed to protecting your privacy and maintaining the confidentiality of your information. Our privacy policy outlines the types of information we collect, how we use it, and how we protect it.

   
   

4. PROFILE CREATION

1. In order to avail the Services, you will be required to create a profile on the App by setting up a username and password (“Profile”). To create a Profile, you must provide us with your phone number, which we will use to authenticate your identity by generating a one-time-password as well as access to your camera for us to be able to carry an identity check by using our facial recognition feature.

2. To use the App and avail Services, you are required to allow us to access your camera, location data, transactional SMSs, contacts, installed applications, storage, and such other device data that we may require to provide you with our Services. If you revoke any of our permissions on the App, you shall not be able to avail the Services. Our use of such access provided by you shall be subject to our Privacy Policy and Data Usage Policy.

   1. You agree that you shall implement reasonable measures to secure access to:Any device associated with the profile on the app.

   2. The username, password, and other login or identifying credentials to access the app.

3. You are solely responsible for maintaining the confidentiality of your username and password assigned during the Profile registration process. You agree to immediately notify us of any disclosure or unauthorized use of your Profile, or any other breach of security with respect to your Profile.

4. If you know or suspect that anyone other than you knows your share pin, you must cease using the same, change your share pin immediately and promptly notify us as provided under clause 15.1. You expressly agree and consent to be liable and accountable for all activities that take place through your Profile. We shall in no manner be held liable for any unauthorized approvals or requests for any Partner Services through your Profile due to unauthorized access, including but not limited to hacking and security breaches.

5. You agree to receive communications from us regarding: (i) information relating to Partners listed on the App; (ii) information about us, our Services and Third-Party Services, including Partner Services; (iii) promotional offers and services from us and our Third-Party Service providers; and (iv) any other matter in relation to the Services.

   
   

5. ZOOP PLUS SUBSCRIPTION

Zoop Wallet offers a premium service/tier called Zoop Plus. By subscribing to Zoop Plus, you agree to the following terms:

5.1 Subscription Plans

Zoop Plus is available through Google Play Store and Apple App Store in three subscription plans:

• Monthly

• Quarterly

• Annual

Your subscription will automatically renew at the end of each billing period unless canceled. You can manage your subscription directly through your Google Play or Apple App Store account settings & via deeplinks used in the app interface. 

5.2. Payments

Payments for Zoop Plus are handled through the Google Play Store or Apple App Store billing, based on the platform you are using. By subscribing, you authorize these stores to automatically charge the applicable fees according to your chosen plan. All payments are non-refundable unless otherwise specified by Google Play Store or Apple App Store’s refund policies.

5.3. Free Trial

From time to time, we may offer free trials of Zoop Plus. If you subscribe to Zoop Plus under a free trial, you will not be charged until the trial period ends. Unless canceled before the trial ends, your subscription will automatically convert to a paid subscription with or without introductory pricing, and you will be charged the applicable fee.

5.4. Subscription Cancellation

You may cancel your Zoop Plus subscription at any time via your Google Play or Apple App Store account settings, also traversing to the relevant setting using deep links used in the app-interface. Upon cancellation, access to Zoop Plus features will continue until the end of the current billing period. No refunds will be provided for unused portions of your subscription.

6. YOUR RESPONSIBILITIES

6.1 You represent and warrant that all information that is provided through or in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data (including User Data) provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
6.2 You shall be solely responsible for ensuring compliance with Applicable Laws and shall be solely liable for any liability that may arise due to a breach of your obligations in this regard.
6.3 You agree and warrant to provide true, complete, and up-to-date information. If the information provided by you, in our sole discretion, is unreliable or appears to be fraudulent, then you shall not be eligible to avail the Services on the App. If we discover any deficiency in the information provided by you on a later date, then we reserve the right to suspend your Profile.
6.4 You shall extend all cooperation to us in our defense of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
6.5 You warrant that you shall not engage in any activity that interferes with or disrupts access to the App.
6.6 You shall not attempt to gain unauthorized access to any portion or feature of the App, any other systems or networks connected to the App, to any of our servers, or through the App, by hacking, password mining, or any other illegitimate means.
6.7 You shall not use the Services in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:

1. Use the Services to transmit any data or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware

2. use any robot, spider, other automated device, or manual process to monitor or copy the App or any portion thereof 

3. engage in the systematic retrieval of content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory;

4. use the Services in (a) any unlawful manner, (b) for fraudulent or malicious activities, or (c) in any manner inconsistent with these Terms; or

5. violate Applicable Laws in any manner.

7. INTELLECTUAL PROPERTY

7.1 Ownership of the App and Services, as well as any intellectual property rights associated with them, belong to us or our licensors. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, royalty-free, revocable license to use the App and Services, provided that you comply with these Terms and any written instructions we issue.
7.2 We may request Feedback from you, including suggestions and bug reports related to the App or Services. By providing Feedback, you agree that we may use, copy, disclose, publish, display, distribute, and exploit it without any obligation to compensate you, acknowledge you, seek your prior consent, or respect any other intellectual property rights you may have.

7.3 These Terms do not grant you any rights or licenses with respect to our or any third party's intellectual property rights, except as explicitly stated in these Terms.

8. TERM AND TERMINATION

8.1 These Terms shall remain in effect unless terminated in accordance with the terms hereunder.
8.2 We may terminate your access to or use of the Services, or any portion thereof, immediately and at any point, at our sole discretion if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, or when you cease to become a User of our Services.
8.3 Upon termination of these Terms:

1. Your Profile will expire;

2.  You must not use any robot, spider, or other automated or manual process to monitor or copy any portion of the App;

3. You will no longer be eligible to access any features of the Services;

4. Any clauses intended to survive termination or expiration of the Terms  will not be affected by the termination.

8.4 If you do not wish to continue availing our Services and/or wish to deactivate your Profile, you may do so by contacting us at the email address mentioned in clause 15.1.

9. DISCLAIMERS AND WARRANTIES

9.1 The use of the Services is at your sole risk.
9.2 To the extent permitted by Applicable Law, the Services are provided on an “as is” and “as available” basis. We do not warrant that operation of the Services will be uninterrupted or error free or that the functions contained in the Services will meet your requirements.
9.3 The App, including any data, information, third party software, reference sites, services, or software made available in conjunction with or through the App, is provided on an “as is” and “as available” basis. We make no representation or warranty about the validity, accuracy, correctness, reliability of any information provided on or through the App. We hereby disclaim all implied representations, warranties, or guarantees as to the accuracy, validity, reliability or completeness of any such information and material on the App.
9.4 We may suspend or withdraw or restrict the availability of all or any part of our App for business, legal and operational reasons. We will try to give you reasonable notice of any such suspension or withdrawal. We shall not be liable for any such addition, modification, suspension or discontinuation of the Services.
9.5 We, along with our directors, officers, and agents shall not be responsible in any manner whatsoever for the rejection of your application in regard to any Partner Service or other refusal by the Partners of the Facility with or without reason. We are not obliged to inform you of reasons for such refusal/rejection
9.6 To the fullest extent permissible under Applicable Law, we expressly disclaim all warranties of any kind, express or implied, arising out of the Services, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, accuracy, title and non-infringement, compatibility, applicability, usability, appropriateness, and any warranty that may arise out of course of performance, course of dealing, or usage of trade. No advice or information, whether oral or written, obtained by you through the App will constitute or create any representation or warranty not expressly stated herein.
9.7 No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.
9.8 To the fullest extent permissible by law, we, our affiliates, and related parties each disclaim all liability towards you for any loss or damage arising out of or due to:

1. your use of, inability to use, or availability or unavailability of the Services;

2. the occurrence or existence of any defect, interruption, or delays in the operation or transmission of information to, from, or through the Services, communications failure, theft, destruction or unauthorised access to our records, programmes, services, server, or other infrastructure relating to the Services; or

3. the failure of the Services to remain operational for any period of time.

9.9 Notwithstanding anything to the contrary contained herein, neither we nor any of our affiliates or related parties shall have any liability to you or any third party for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under, directly or indirectly, or relating, in any manner whatsoever, to these Terms or the Services. To the maximum extent permitted by law, you agree to waive, release, discharge, and hold harmless us, our affiliated and subsidiary companies, their parent companies, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the Services.

10. INDEMNITY

10.1 You shall indemnify, defend at our option, and hold us, our subsidiaries, affiliates, and their officers, associates, successors, assigns, licensors, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees) due to or arising out of your access to the Services, use of the Services, violation of these Terms or any infringement of these Terms by any third party who may use your Profile to access the Services.

11. LIMITATION OF LIABILITY

11.1 In no event shall we, our officers, directors and employees, or our contractors, agents, licensors, or suppliers be liable to compensate you or any third party for any direct, special, incidental, indirect, consequential or punitive, reliance or exemplary damages whatsoever, (including without limitation those resulting from lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, including but not limited to abuse or breach of User Data or any other information provided by you) whether or not foreseeable, and whether or not we had been advised of the possibility of such damages, based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with (i) your use of or access to the App; (ii) these Terms; (iii) the Services; (iv) your ability or inability to use the Services; or (v) any other interaction with any Partner in connection with the Partner Services.
11.2 Notwithstanding anything to the contrary, the maximum aggregate liability of Zoop and its affiliates for any claims under these Terms, shall not exceed INR 5000.

12. LIMITATION OF LIABILITY

12.1 These Terms shall be governed by and construed and enforced in accordance with the laws of India and any dispute concerning these Terms shall be subject to the exclusive jurisdiction of courts at Pune, India.
12.2 Any dispute or claim arising out of or in connection with or relating to these Terms or their breach, termination or invalidity hereof (“Dispute”) shall be referred to and finally resolved by arbitration in Pune in accordance with the Arbitration and Conciliation Act, 1996, for the time being in force, which is deemed to be incorporated by reference in this Clause. The tribunal shall consist of 1 (one) arbitrator appointed by us.
12.3 The seat of arbitration shall be Pune and the arbitration proceedings shall be conducted in the English language.
12.4 We/You agree to keep the arbitration confidential and not disclose to any Person, other than on a need to basis or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties hereto.
12.5 We/You hereto agree that consent for resolution of Dispute through arbitration shall not preclude or restrain you/us from seeking suitable injunctive relief in appropriate circumstances from courts in Pune, India.
12.6 The cost of arbitration shall be borne in the manner and by us/you as determined by the arbitrators. In the meantime, we/you shall bear our/your own cost for the arbitration which shall be reimbursed as per the directions in the arbitral award.

13. CONSENT TO USE DATA

13.1 You agree that we may, in accordance with our Privacy Policy and Data Usage Policy, collect and use User Data, technical data and related information.
13.2 We may use information and data pertaining to your use of the Services for analytics, trends identification, and purposes of statistics to further enhance the effectiveness and efficiency of the App.

14. MISCELLANEOUS PROVISIONS

14.1 Waiver: No failure or delay in exercising any right, power or privilege hereunder shall operate as a waiver thereof nor shall any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other right, power or privilege. Every right or remedy herein conferred upon or reserved to either party shall be cumulative and shall be in addition to every right and remedy existing at law or equity or by statute and the pursuit of any one right or remedy shall not be construed as an election.
14.2 Modification: We reserve the right at any time to modify these Terms and to add new or additional terms or conditions on use of the Services. Such modifications and additional terms and conditions will be communicated to you and, unless expressly rejected (in which case these Terms shall terminate), will be effective immediately and will be incorporated into these Terms. In the event you refuse to accept such changes, these Terms will terminate.
14.3 Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue 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 continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
14.4 Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion and subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, or to any successor in interest of any business associated with the Services without any prior notice to the you.
14.5 Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent.
14.6 Third Party Rights: No third party shall have any rights to enforce any terms contained herein.
14.7 Force Majeure: You agree that we shall not be liable for any breach of these Terms if such breach is caused by an event that is unforeseeable and beyond our reasonable control (such as, depending on the circumstances, unavailability of any communication system, breach or virus in our system, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, unauthorized access to computer data and storage devices, computer crashes and regulatory or government actions (“Force Majeure Event”). In such circumstances, we will be entitled to a reasonable extension of time to perform our obligations and shall take commercially reasonable methods to inform you of the Force Majeure Event and use all reasonable endeavors to mitigate the effects of the Force Majeure Event.
14.8 Translations: We may provide you with translated versions of these Terms solely to assist you with understanding these Terms in greater detail. The English version of these Terms shall be controlling in all respects. In the event of any inconsistency between the English version of these Terms and any translated version, the terms of the English version shall prevail.

15. CONTACT DETAILS

15.1 If you have any questions, complaints, or claims with respect to the Services, you may contact us at hi@zoop.one email address.