TERMS OF USE


This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.


This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.gozefo.com website.


Zero Effort Technologies Private Limited (“Zefo”) provides you access (hereinafter “Access”) to the websitewww.gozefo.com (hereinafter, the “Website”) and the Zefo mobile application (hereinafter, the “ App”), which enable you to access an internet enabled platform that facilitates buyers and sellers in selling and buying pre-owned used household furniture and goods. (“Services”).

Your use of the Website/ App is governed by the following terms of use as applicable including the policies (such as, but not limited to the Privacy Policy (collectively the “Policies”), provided separately on the Website/ App and which are or may hereafter be incorporated herein by way of reference (“Terms of Use”).

By Accessing the Website/ App, you agree to all the provisions contained in this Terms of Use. You also agree and accept that the Terms of Use constitute a legally binding agreement between You and Zefo.

IF YOU DO NOT AGREE WITH THE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE, APP OR ACCESS ANY OF THE SERVICES.

For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any person who avails of Access including by providing registration data while registering for our services as registered. The term "We", "Us", "Our" shall mean Zefo.

We reserve the right to modify or remove portions of these Terms of Use, at any time without any prior written notice to You.

Description of Services and Content Policy


For the purposes of these terms an eligible product will be an item of used household furniture or goods which is owned by you and does not constitute or include a Prohibited Item (as defined hereinafter) (“Eligible Item”).

You may list one or more Eligible Items that you own and propose to sell on the Website/ App along with information and images which fairly and accurately represent the quality and condition of the said Eligible Item. We may facilitate such creation of a detailed listing of the Eligible Item. We will advertise Your listing for a maximum period of 60 days, however in the event the Eligible Item is not sold after expiry of such period, the listing may be brought down and the item will be liquidated.

Zefo, its affiliates, or partners may incidentally provide you with certain services (“Ancillary Services”) which assist you with listing your Eligible Items including cleaning, polishing, photography, shipping and storage. You hereby acknowledge that each of the said
Ancillary Services is independent, optional and governed by its relevant terms and conditions which will be made available to you while opting for the said service and not by these Terms of Use.

Eligibility to Access


The Website/ App may only be Accessed by persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Zefo reserves the right to limit or terminate your Access, including your ability to contact other Users.

Fee Policy

The price reflecting on the website is inclusive of seller's product price, service fee (for warehousing, repairing, cleaning and packing) charged by the service providers and transportation charges.

We reserve the right to change Our Fee Policy from time to time. Changes to Our Fee Policy shall be posted on the Website/ App and such changes shall become effective within 60 days of such change being posted on the Website/ App, unless otherwise stated. You are solely responsible for compliance of all applicable laws for payments.

You understand, accept and agree that the payment facility provided by Zefo is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment using the existing authorized banking infrastructure and payment gateway networks.

Your Account and Registration Obligations


You agree that if You provide (by uploading, embedding, or making available by any other means) (“Provide”), or we have reasonable cause to believe that you have Provided, any information that is a) untrue, misleading, infringing, incomplete; or b) violative of applicable law, these Terms of Use or other binding contract; we shall have the right to indefinitely suspend or terminate or block Your Access.

Use of the Website/ App and Listing Policy


We specifically prohibit any listing or posting of classifieds or information in relation to the following (“Restricted Items”):


  1. goods or services that are prohibited under any applicable law for the time being in force including but not limited to the Drugs and Cosmetics Act, 1940, the Drugs And Magic Remedies (Objectionable Advertisements) Act, 1954 Narcotic Drug and Prohibited Substances Act and the Indian Penal Code, 1860.


  1. Goods or items which belong to another person and to which You do not have any right;
  1. Anything that infringes any patent, trademark, copyright or other proprietary rights;
  1. Anything which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature
  1. Anything which is grossly 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 whatever or harms minors in any way;
  1. Obscene Items includes items which contain an indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;


  1. Living, dead creatures and/or the whole or any part of any animal which has been kept or preserved by any means whether artificial or natural including rugs, skins, specimens of animals, antlers, horns, hair, feathers, nails, teeth, musk, eggs, nests, other animal products of any description the sale and purchase of which is prevented or restricted in any manner by applicable laws (including those prohibited under The Wildlife Protection Act, 1972 and/ or The Environment Protection Act, 1986)
  1. “Antiquities” and “Art Treasures” in violation of the provisions of the Antiquities and Art Treasures Act, 1972;
  1. Religious items, including books, artifacts, etc. or any information, description of any such item that is likely to affect the religious sentiments of any person or group;
  1. “Pyramid schemes” and “Multilevel Marketing” and/ or similar scams which are solely listed for the purpose of defrauding users;
  1. Rented, leased or loaned items or any other items which You do not have authority to or possession of to sell;
  1. Counterfeit, Pirated and stolen goods or unauthorized illegal services (services for which you are not licensed or permitted to do or do not have the authority to under take);
  1. Impersonate another person;
  1. Items which contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  1. Anything which 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 any other nation;
  1. Items, goods or services either restricted or prohibited under any applicable laws; and


  1. Inappropriate, Wrongly Categories or inaccurately described items (e.g dining table listed as office furniture).

You agree, undertake and confirm that Your Access, use of the Websites, use of the App and use of the Services shall be strictly governed by the following:

You shall not: (1) Provide, buy, sell, recommend, post or display on the Website/ App or otherwise deal with any Restricted Items; (2) defame, abuse, harass, stalk, hurt religious or ethnic sentiments of, threaten or otherwise violate the legal rights of others; provide, host, display, upload, modify, or share any information that is grossly 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, harms minors or otherwise unlawful in any manner whatever; (3) violate any applicable laws or regulations for the time being in force in or outside India; (4) Provide, host, display, upload, modify, publish, transmit, update or share any information of the nature specified in sub-rule (2) of Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011.

You are hereby informed that in case of non-compliance with (i) the Information Technology Act, 2000 or any rules and regulations made thereunder, (ii) these Terms of Use and conditions, (iii) the Privacy Policy or (iv) the listing policy, Zefo has the right to immediately terminate Your Access or usage rights to the Services/Website/ App, to report You to law enforcement or any appropriate authority and to remove any non-compliant information. You are hereby required to notify us in writing of any such breach or non-compliance immediately upon becoming aware of it by writing to us at the following address [help@Zefo.com].

Advertising


Zefo reserves the right to entertain any advertising on its Website/ App by third parties. Acceptance of advertisements on the Website/ App will be subject to specific advertising terms and conditions which are available on request.


Intellectual Property


You retain ownership of any intellectual property rights that you hold in content (including videos, opinions, ideas, images, audio files, suggestions, proposals or other materials or information) (collectively, "User Content") that you Provide using the Access and We are not liable for any claims in relation to such User Content.

Privacy


We store and process Your Information on systems having reasonable technological security measures and procedures in accordance with Information Technology Act, 2000 and Rules there under. Our current Privacy Policy is also available at [ https://www.gozefo.com/privacypolicy]. If You object to Your Information being transferred or used in this way please do not use the Services.

Compliance with Laws

You shall comply with all the applicable laws including but not limited to the Information Technology Act, 2000 and rules and regulations made thereunder.


Warranties and Indemnity

You represent and warrant that You have full, marketable title to the Eligible Items which are not subject to any encumbrances legal or otherwise. You further represent that Your listing of the Eligible Item and the Eligible item in itself does not infringe the rights of any third parties including any intellectual property rights of such third parties in the listing or the Eligible Item. You shall indemnify and hold harmless Zefo, its, partners, licensees, affiliates, agents, and employees, from any costs (including reasonable attorneys' fees), expenses, losses or damages resulting from any claim or demand, or actions made or taken by any third party or penalty imposed due to or arising out of the Eligible Items, Your breach of these Terms of Use, Privacy Policy, Warranties and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party. This will survive the termination of Access to the Website/ App or Services in terms of this Terms of Use.

Trademark, Copyright and Restriction


The Website/ App is controlled and operated by Zefo and information regarding Services is provided by the respective User. Material on the Website/ App is solely for Your personal information. You must not copy, reproduce, republish, or distribute such material in any way, whether directly or indirectly and You must not assist any other person to do so without the prior consent of Zefo and, where applicable, the relevant User.

Intellectual Property Complaint

Zefo respects the intellectual property of others. In case You feel that Your intellectual property has been infringed, You can write to Zefo at Karan@gozefo.com. However, Zefo’s role will only be limited in assisting You in communicating with the User who has infringed Your intellectual property. Zefo will not be obligated to be a part of any proceedings in any manner whatsoever.

Tax Liability


You shall be responsible for the collection and payment of any and all of taxes together with the filing of all relevant returns, such as service tax, Value Added Tax (“VAT”)/Central Sales Tax (“CST”) and issuing VAT/CST invoices/credit memos where required. We are not responsible for collecting, remitting or reporting any service tax, VAT/CST or other taxes arising from such sale.

Title Risk


You acknowledge and understand that the title to the goods proposed to be sold on the Website/ App rests with You. We shall not assume any title risk.


Severability and Waiver

If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.


Disclaimer of Warranties and Liability


YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE/ APP AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE/ APP AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES. TO THE FULLEST EXTENT PERMITTED BY LAW ZEFO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE/ APP AND YOUR USE THEREOF. ZEFO MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S/ APP’S CONTENT OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE/ APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE/ APP AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE/ APP, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE/ APP OR THE SERVICE. ZEFO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR ELIGIBLE ITEM OR SERVICE ADVERTISED ON THE WEBSITE/ APP YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.


Limitation of Liability


IN NO EVENT SHALL ZEFO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO ANY LOSS OF PROFITS, LOSS OF BUSINESS OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Contact Us

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Website/ App or the Services.


Applicable Law and Dispute Resolution


Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. In the event a dispute arises between You and Zefo, please contact Zefo. The courts in [Bengaluru] shall have sole jurisdiction over any dispute arising from or relating to these Terms of Use or Your use of the Services.


Grievance officer

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

You may write to Karan Gupta at the following e-mail address:

Karan@gozefo.com

You consent to receive communications via electronic records from Zefo periodically and as and when required.