Welcome to zapstore.com
This User Agreement ("Agreement") governs your use of the website www.zapstore.com ("Site") and the Program (defined below) provided by Zapstore Online Pvt Ltd, which utilizes commission-based affiliate marketing from our merchant partners ("Affiliate Merchants") for the provision of services as set forth hereunder in this Agreement. This Agreement between zapstore.com (hereinafter referred to as "We", "Us", "Zapstore" or "Our") and you (hereinafter referred to as "You", "Your" or "User") describes your rights as a User of the Site and the Program, and Our responsibilities to You as Our Users. Before You can use our Program and avail Our services, You must read, understand, accept and agree to abide by all the terms and conditions under this Agreement, including any future amendments or updates thereto.
IF YOU DO NOT AGREE TO THESE TERMS & CONDITIONS, PLEASE DO NOT USE THE SITE.
Your affirmative act of registering online by clicking the "I Agree to the Terms and Conditions" check box constitutes your acceptance and electronic signature to this Agreement and signifies that You agree to be legally bound by the terms of this Agreement ("Online Plan"). Similarly, Your affirmative act of registering with Zapstore via mobile number will automatically be deemed to constitute Your acceptance to this Agreement ("Mobile Plan"). You are therefore advised to carefully read and understand the terms of this Agreement, by which Your use of the Program shall be governed. We reserve the right to alter, delete or modify any provision of this Agreement at any time. Please check the terms of this Agreement periodically for changes. Your continued use of the Program after the effective date of such changes constitutes Your acceptance to such changes. During the use of the Program, there would be certain rules, additional terms and posted guidelines which shall be applicable to particular services and features which shall be put up on the Site periodically and which will form part of the Agreement. 'Zapstore' and 'You', in the subsequent paragraphs of this Agreement, shall be individually referred to as the "Party" or collectively as the "Parties" as and when the context dictates. The term "Account" as referred to in this Agreement shall mean and include the Account held by the User with Zapstore (administered by a password) for using the Program. This Agreement will be effective immediately from Your acceptance, to Our terms and conditions as signified by the creation of Your Account either through the Online Plan or the Mobile Plan. This Agreement shall be enforceable against You like any other written agreement.
As a User of Zapstore, You have the ability to earn money in the form of rebates, which are separate and apart from, and in addition to, any other discounts available through the Online Plan or the Mobile Plan ("Zapstore Cashback"). This section identifies the manner in which You may earn Zapstore Cashback, the associated rights of the User and Our rights and obligations with respect to the Zapstore Cashback program (“Program").
The Program allows the Users to shop with Zapstore's Affiliate Merchants, and earn Zapstore Cashback. The Program is free to Users, and is conferred as a benefit of registration with Zapstore. You are under no obligation to participate or redeem Your Zapstore Cashback at a particular point of time. As a User, Zapstore Cashback is earned when You make a qualifying purchase, which is determined by its genuineness, from an Affiliate Merchant participating in the Program on Our Site's page. Some Affiliate Merchants may have special requirements to earn Zapstore Cashback. View the "Conditions" section on their individual store information page on Our Site for requirements and restrictions. Further, not all Affiliate Merchants listed on our Site participate in the Program. Affiliate Merchants are identified by a corresponding offer displayed with their store name.
The Program is offered for purchases made through the links on the Site as well as purchases made by the User personally by shopping in the Affiliate Merchant stores. Zapstore offers to You the luxury of choosing to shop online or in person. All that You would need is an internet access and a valid working e-mail address to receive the privileges of the Program if You desire to shop through Our Online Plan or You could avail of Our Mobile Plan to shop in person. Members must be human, no machines, scripts, or automated services may be used to accumulate any financial benefits derived from the use of the Program. Irrespective of whether You would like to use the Online Plan or Mobile Plan, You will be required to maintain only one Account with Us. Any duplicate Accounts will be subject to cancellation. Further, participation in the Program is limited to individuals that are eighteen (18) years of age or older. By agreeing to these terms, You also agree not to 'spam' unknown individuals by sending them unwanted emails to solicit their membership at Zapstore. Your refusal to abide by this or any other terms under the Agreement may, at the discretion of Zapstore, result in cancellation of Your referral bonuses and/or Your membership with Zapstore.
To be eligible to receive Zapstore Cashback
You must make a qualifying purchase. In order to make a qualifying purchase with Us, You must satisfy the following criteria: You must log on to the Site with Your email address in order to use of the Online Plan and in order to use the Mobile Plan, You will need to make a one-time registration with Us via Your mobile. To use the Online Plan, You would need to link to an Affiliate Merchant from the Site, add items to Your cart and accordingly complete Your transaction. The Zapstore link to an Affiliated Merchant must not be altered. An online purchase must be started and completed in one shopping session after the member associates with an Affiliated Merchant via Zapstore. If an online purchase is completed during a different shopping session, it will not be considered a qualified purchase. You must have cookies, both first and third party (if applicable), enabled on Your web browser. If You are using the Mobile Plan, You can directly visit the Affiliate Merchant and shop. You can also register with Us by visiting and providing Our Affiliate Merchant with Your mobile number, after which a Zapstore Account will automatically be created with Your mobile number as Your login id. Thereafter You may visit the store of an Affiliate Merchant and shop normally. Purchases must not be made by using coupons provided by any party other than Zapstore. (envy) A purchase from an Affiliated Merchant for whom Zapstore does not offer Zapstore Cashback is not deemed a "qualifying purchase".
To be eligible to receive Zapstore Cashback
You must make a qualifying purchase. In order to make a qualifying purchase with Us, You must satisfy the following criteria: You are under the age of eighteen (18) years, or of unsound mind or otherwise incompetent to execute this Agreement. Upon registration of Your email address with Our Site for the Online Plan, an Account will be created in the name of Your email address for all Zapstore Cashback You earn. When using the Online Plan, You did not log onto the Site with Your email address, or You go directly to the Affiliate Merchant website without first visiting Our Site. Similarly, in using the Mobile Plan, You directly approach and/ or shop with the Affiliate Merchant without prior registration with Us. Specifically for the sign-up bonus Zapstore Cashback, You have not made Your first purchase within 6 (six) months from becoming a User of Zapstore's services. When using the Online Plan, You complete multiple transactions without returning to Our Site. To clarify, completing each transaction ends Your "cashback session" with Zapstore, and You have to start over to earn Zapstore Cashback on additional items. (envy) When using the Online Plan- You type a new address (URL) in the window opened by the Site; or You click on any "special offers" or toolbars from other websites while shopping or You allow too much time to lapse between linking to the Affiliate Merchant and completing the purchase. When using the Mobile Plan, You send messages in the incorrect format or from numbers that are not registered with Us. You contact the Affiliate Merchant to change or cancel an order. You fail to abide by the restrictions imposed by an Affiliate Merchant. The Affiliate Merchant fails to transmit to Zapstore the Cashback or commission corresponding to the transaction for any reason or any commission transmitted to Zapstore is required to be repaid by an order of any court of competent jurisdiction. You have been specifically notified by Zapstore that You, or certain purchases, are not eligible for Zapstore Cashback. Determination of whether or not a purchase made through an Affiliate Merchant is a qualifying purchase is at Our sole discretion. Zapstore will not be responsible for tracking problems resulting from incorrect usage of the Program or the Site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues, Affiliate Merchant partner errors/omissions or from any other failure of tracking mechanisms.
Earning Zapstore Cashback
The appropriate Zapstore Cashback rebate will be posted to Your Account as "Pending" within thirty-one (31) days of the date on which an Affiliate Merchant reports Your transaction to zapstore.com. For a period of thirty one (31) to one hundred twenty one (121) days thereafter, Your Account may still refer to the Zapstore Cashback rebate as "Pending". This time period is in accordance with the Affiliate Merchant's right to reverse a transaction for return or cancellation purposes. Once the Affiliate Merchant authorizes the payment of Zapstore's commission in connection with a qualifying purchase made by You, We will credit Your account with the applicable Zapstore Cashback, until then We make no guarantee to You. Your Zapstore Cashback earned will be identified as "Approved", at which time You can request a payment redeeming your Zapstore Cashback either online, or by calling Us. You can view Your balance and history by either clicking 'My Account' on Our Site or by calling Us. You can also earn cutback by referring products of affiliate partners to your friends and when they buy th eproduct, you get a referral cashback. So with zapstore, you get a cashback for both your purchases and when you refer products, also for your friend’s purchases of those particular products.
Requesting Payment of Zapstore Cashback
You may request to redeem Your earned Zapstore Cashback designated as "Approved" in Your account. To receive Zapstore Cashback, You must have a valid bank account. The Zapstore Cashback will be distributed to the User after receipt of the User's request for payment. You can also request for Zapstore Cashback online. We will not be responsible for any event beyond the control of Zapstore that would prevent a User from receiving their payment. Zapstore Cashback has no cash value until such time as You request and receive a payment in accordance with terms stipulated herein above, and You shall have no property rights or other legal interest in Zapstore Cashback. You are solely responsible for redeeming Zapstore Cashback. Please note that there is no automatic or periodic redemption. You are responsible for any taxes that may be due on Zapstore Cashback redeemed by You.
Zapstore Cashback awarded to You is subject to adjustments for returns and cancellations, and Zapstore's receipt of information and payments on such purchases/orders from Affiliate Merchants, and other events. Zapstore reserves the right to make adjustments to User's Account at any time in accordance with this Agreement. If You disagree with any adjustments made to Your Account, your sole remedy is to discontinue use of the Program. We are not responsible for changes to, or discontinuance of, any Affiliate Merchant, or any Affiliate Merchant's withdrawal from the Program, or for any effect on accrual of Zapstore Cashback caused by such changes, discontinuance or withdrawal.
Termination of Program
We reserve the right to terminate the Program in whole or in part at any time with notice. In the event the Program is terminated, You will have sixty (60) days to redeem your Zapstore Cashback from the date notice is transmitted by Zapstore to the email address or residential address specified in Your Account, provided to Zapstore during Your registration with Us. We will not be responsible for failure to notify You of Program termination where such failure is caused by an inaccurate email address or residential address, or Your failure to check Your mails.
E-mail, Messaging, Blogging, and Chat Services
You are responsible for maintaining accurate, complete and up-to-date information in Your Account at all times, including your legal name, electronic mail (e-mail) address, residential address and contact number. All changes to this information must be promptly updated in Your Account on the Site. If any information provided by You is inaccurate, not current or incomplete, We retain the right to suspend or terminate Your Account immediately without any further notice. You are responsible for keeping Your Account details and password and all other information concerning Your Account confidential. Zapstore is entitled to act on instructions received under Your username and password. Zapstore is not responsible for any credits or debits made to Your Account by someone else who uses Your username or password. We will not be responsible for any losses or liabilities incurred through the use of Your password by a third party. You are also responsible for reviewing Your Account balance on a regular basis, and for ensuring that all Zapstore Cashback has been properly credited to Your Account. If a discrepancy occurs between Your purchase order with the Affiliate Merchant and Your Zapstore Cashback Account, then You must contact Us via Our customer support within sixty (60) days of the purchase/order date from an Affiliate Merchant. If You fail to contact Us within the said sixty (60) days period, such purchase/order shall be deemed to be accurate and You hereby waive any right to dispute said purchase/order.
Disclosure of Account Information
This Site contains robot exclusion headers. Much of the information on Site is updated on a real time basis and is proprietary or is licensed to Us by Our Users, Affiliate Merchants, or third parties. You agree that You will not exceed the limited access to the Site granted to You or use any robot, spider, scraper or other automated means to access the Site for any purpose without Our express written permission. Additionally, You agree that You will not: take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on Our infrastructure; copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Program, including the Site, without the prior expressed written permission of Zapstore and appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass Our robot exclusion headers or any other measures that We may use to prevent or restrict access to the Site.
Use of Online Coupons
Zapstore provides coupons, for both the Online as well as the Mobile Plan Users, as a free service. Zapstore is not responsible for the redemption, errors/omissions or expiration of online coupons and it is Your responsibility to make sure that a discount, special pricing, or free offer is present in the checkout process of an Affiliate Merchant. All offers and promotions on Our Program are subject to change without notice. Zapstore has no control over the legality of any coupons or other offers made by Affiliate Merchants, the ability of any of the Affiliate Merchants to complete the sales in accordance with the offers, or the quality of the goods offered by the Affiliate Merchants. Zapstore has no control over whether Affiliate Merchants will honor the offers shown on Zapstore, and does not guarantee the accuracy or completeness of the information contained on the website. In the event You have a dispute with an Affiliate Merchant in any way relating to Our Program or the use of information from the Site, You agree to waive and release Zapstore from any and all claims, demands, actions, damages (actual and consequential), losses, costs or expenses of every kind and nature, known and unknown, disclosed and undisclosed relating to that dispute.
Obligations of the User
You may use the services for lawful purposes only. You may not, without limitation, submit or transmit through the Site, any material or content that: violates or infringes the rights of any third party including, without limitation, patent, trademark, trade secret, copyright or other proprietary rights; is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, or contains explicit or graphic descriptions, or accounts of sexual acts, is lascivious or appeals to prurient interest; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; impersonates any person, business or entity including Zapstore or its employees and agents; contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of a computer or computer network; encourages conduct that would constitute a criminal offence, or that gives rise to civil liability; violates this Agreement, guidelines or any policy posted on the Site; interferes with the use of the services or Program by others; intentionally or unintentionally violates any applicable local, state, national or international law, including any regulations having the force of law; results in violations of system or network security like unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic, interference with service to any user, host or network etc. engages in activities, whether lawful or unlawful, that We determine to be harmful to its operations, reputation, goodwill, or customer relations. You expressly agree that We shall not be liable in any manner whatsoever for any claims or complaints made by any third party with respect to the content. You shall not alter the display of any advertisement (or any parts or aspects thereof), Zapstore's brand elements, including logos, trademarks, service marks displayed by Us in connection with the services in any manner whatsoever. You shall not enter or attempt to enter into a transaction with the Affiliate Merchants to gain Zapstore Cashback, by providing personal information of someone else, or a payment method they are not entitled to use, or by deceptively or unfairly exploiting an Affiliate Merchant's offering, or in breach of any terms and conditions applied by Us to that transaction.
You agree to indemnify, defend and hold SocialHUb Info Solutions Private limited (Zapstore), Our affiliates, directors, partners, employees and agents harmless from and against any and all liability, loss, claims, damages, costs and/or actions (including reasonable legal fees and disbursements in connection therewith and interest chargeable thereon) based on or arising from any failure by You to comply with any of the terms and conditions of this Agreement; or any breach by You of any of the representations, warranties or undertakings set forth herein.
Disclaimers and Limitations on Liability
All services in this Program are being provided by Zapstore "as is" and "as available" to the maximum extent permitted by law. We disclaim all representations and warranties, express or implied, with respect to the Site and the Program, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose and implied warranties arising from course of dealing or course of performance. You agree that We will not be liable for any costs or damages arising out of a dispute between You and any Affiliate Merchant, and you hereby expressly waive any such claim against us and our partners, members, officers, directors, employees, parents, subsidiaries, agents, associates, affiliates and representatives. We do not make any representations or guarantees regarding any goods or services offered or provided by Affiliate Merchants or suppliers. We do not make any representations that access to this Site or Your usage of the Program will be uninterrupted or error-free, and We assume no responsibility for any damage caused by your access, or inability to access, this Site or Your usage of the Program, including, but not limited to, your inability to receive Zapstore Cashback by purchasing items with an Affiliate Merchant. In no event shall We be liable for any damages, claims or losses incurred (including without limitation compensatory, incidental, indirect, special, consequential, or exemplary damages), however caused and under any theory of liability arising in connection with your use of this Site and the Program; any act or omission by Us in administering this Site or the Program; or the purchase or use of any goods or services of Affiliate Merchants or suppliers, even if We have been advised of the possibility of such damages, claims, or losses and notwithstanding any failure of essential purpose of any limited remedy. You agree that any material and/or data downloaded or otherwise through the use of the Program are done entirely at your own discretion and risk and You will solely be responsible for any damage to Your computer systems or loss of data that results from the download of any material and/or data. Notwithstanding the foregoing, in no event shall We be liable to You for direct or indirect damages caused by Us in excess of the Zapstore Cashback earned by You during the preceding six (6) months period. You agree to indemnify and hold Zapstore, its partners, members, associates, parents, subsidiaries, affiliates, officers, directors and employees, harmless from any claim or demand, including reasonable attorney's fees and expenses, made by any third party due to or arising out of Your use of the Program, the violation of these terms and conditions by You, or the infringement by You, or any other user of Your Account, of any intellectual property or other right of any person or entity, or as a result of any threatening, libelous, obscene, harassing or offensive material contained in any member communications.
Amendment to Agreement
The "terms and conditions" set forth within this Agreement may change from time to time. We will post those changes on this page. You consent to be bound by all the said "terms and conditions", including any and all updates thereto. We will not be responsible if You do not learn of the modification. It is Your responsibility to check this page of the Site regularly to determine whether this Agreement has been modified. If You do not agree to any modification of this Agreement, You must immediately terminate Your Account and Your usage of the Program.
Compliance with Laws and Regulations
You agree to comply with all applicable laws, rules and regulations. You may participate in this Site and Our Programs if and to the extent that such participation is permitted by such laws, rules and regulations. We may refuse to enroll, restrict, modify or terminate Your Account, password and registration without liability to You or any other third party if You violate any law, rule or regulation, or if Your participation could violate any law, rule or regulation.
Proprietary Rights to Content
You acknowledge that this Site content, including but not limited to text, sounds, photographs, graphics, video or other material contained in any communication, advertisements or messages, whether by Zapstore or Zapstore's advertiser's or Affiliate Merchants, service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use content or service as expressly authorized by Zapstore, its advertisers and Affiliate Merchants, as the case may be. No portion of the content or other materials may be directly or indirectly copied, published, reproduced, modified, performed, displayed, sold, transmitted, published, broadcast, rewritten for broadcast or publication or redistributed in any medium, whether now known or hereafter created. Zapstore, and its associated logos, page headers, custom graphics, buttons, and other icons are service marks, trademarks, registered service marks, registered trademarks, and/or trade dress of Zapstore. All other content product names and company logos are trademarks of their respective owners. Neither these materials, nor any portion thereof, may be stored in a computer except as reasonably necessary for personal and non-commercial use; however, any print out of any page of the Site or portion thereof, must include Zapstore's copyright notice. Any unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject the User to personal liability or criminal prosecution.
Termination of Agreement
Any violation of the terms and conditions of this Agreement is ground for immediate termination of Your Account and Your registration with Zapstore. We reserve the right to terminate Your Account, password and registration, if Your Account is inactive for a period of twenty-four (24) consecutive months. An Account shall be deemed and considered to be inactive if there has not been any Zapstore Cashback earning activity. You may terminate Your Account, password and registration at any time by sending an email or calling Our customer support. We reserve the right to terminate Your Account, password and registration, if Your Account has been associated with any legally questionable activity. If Your Account, password and registration with this Site is terminated for any reason, either by You or by Us, You shall forfeit any and all earned Zapstore Cashback in Your Account.
All Zapstore notices will be given by email, registered postal service or by general posting on the Site.
Zapstore's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver or forfeiture of such right or provision.
Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of India without reference to conflicts of law and rules. You hereby consent to exclusive jurisdiction and venue in the courts located in Bangalore, India for all matters and disputes in connection with this Agreement or Your use of this Program.
Severability of Provisions.
Any provision (or part thereof) of this Agreement which is found to be invalid, prohibited, or unenforceable, shall be ineffective only to the extent of such prohibition and unenforceable, without invalidating the remainder of the provision or the remaining provisions hereof in this Agreement. To the extent permitted by the applicable law, each of the Parties hereto hereby waives any provision of law which prohibits or renders unenforceable any provisions hereof in any respect. Access and Delays in Services. Zapstore, its affiliates, subsidiaries, and vendors shall have no responsibility to provide You access to the Site. Further, Zapstore, its affiliates, subsidiaries, and vendors shall not be liable to You for any loss or liability resulting, directly or indirectly, from delays, inaccuracies, errors, omissions or interruptions of the service for any reason, including, without limitation, due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, acts of terrorism, or to other like causes.
You cannot assign any of Your rights, obligations, privileges, or performance hereunder without the prior written consent of Zapstore. Participation in the Program is personal to You. Zapstore Cashback received under the Program may not be assigned or transferred to any third party, except as expressly permitted by Zapstore, in writing. The sale, transfer, lending, exchange, pooling or barter of any Zapstore Cashback, other than by Zapstore, is expressly prohibited. Any Zapstore Cashback assigned, sold, or otherwise transferred in violation hereof may be confiscated or canceled.