Terms and Conditions

Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.zump.co.in website (the "Service") operated by Ra Lifecare Pvt Ltd. ("us", "we", or "our"). By installing the Application (as defined below), you agree to be bound by these terms of use ("app terms"). Please review them carefully before installation and/or acceptance.

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

The "Application" shall mean the software provided by “Ra Lifecare Pvt. Ltd.” to offer services related to ZUMP, ZUMP's services and its partners' services, to be used on Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application. Any personal information you supply to ZUMP when using the Application will be used by ZUMP in accordance with its Privacy Policy.

1. Your Account

If you use the website/App, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your handheld device to prevent unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website and App. You agree and acknowledge that you will use your account on the website to purchase products only for your business purposes. Zump reserves the right to refuse access to the website, terminate accounts, remove or edit content at any time without notice to you.

2. Privacy

Please review our Privacy Notice, which also governs your visit to ZUMP, to understand our practices. The personal information / data provided to us by you during the course of usage of ZUMP will be treated as strictly confidential and in accordance with the Privacy Notice and applicable laws and regulations. If you object to your information being transferred or used, please do not use the website and related App.

3. E-Platform for Communication

You agree, understand and acknowledge that the website is an online platform that enables you to purchase products listed on the website at the price indicated therein at any time from the vendors linked to your account. You further agree and acknowledge that ZUMP is only a facilitator and is not and cannot be a party to or control in any manner any transactions on the website. Accordingly, the contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on ZUMP.

4. Access to ZUMP

We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction.

5. Obligations of ZUMP

In the ZUMP Application, Customer shall mean not only the Retailers, Vendors, Distributors but also the Wholesaler, Stockist, C&F or anyone accessing the ZUMP Application.

The Distributors data, which is personal in nature and specially pertaining to the name of the Distributor, its stores, warehouses, Branches and also indicative figures pertaining to the business that such Distributor conducts, shall not be shared with any third party without the permission of the Distributor management.

6. Obligations of Customer (Vendors, Distributors, C&F, Stockist)

It will be necessary for the Distributor to give consent on sharing its retailers’ data, product data, stock data, stock quantity and other data as mutually agreed between ZUMP and the Distributor. This will enable the ZUMP Application to work as intended and fulfill the objectives of the Distributor.

It is incumbent on the Distributor to give consent and authorize ZUMP to install its Application at the Distributors’ server or other relevant accessible Infrastructure / location (with connectivity to server or relevant database or patch required for ZUMP) to sync relevant data as a prerequisite for using the ZUMP Application. The Distributor will be required to mandatorily confirm all the fields that can be synced by ZUMP on regular basis.

The ZUMP business methodology and also access to the ZUMP Website or the Application or any other ZUMP interface shall not be shared by the Distributor with any third party without taking prior consent from ZUMP.

7. License for website access

Subject to your compliance with these Conditions of Use and payment of applicable fees, if any, Ra Lifecare Private Limited grants you a limited license to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Ra Lifecare Private Limited and / or its affiliates, as may be applicable. This license does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another seller; or any use of data mining, robots, or similar data gathering and extraction tools.

This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Ra Lifecare Private Limited and / or its affiliates, as may be applicable.

You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Zump and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Ra Lifecare Private Limited's or its affiliates' names or trademarks without the express written consent of Ra Lifecare Private Limited and / or its affiliates, as applicable. Any unauthorized use terminates the permission or license granted by Ra Lifecare Private Limited and / or its affiliates, as applicable.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of ZUMP as long as the link does not portray Ra Lifecare Private Limited, Zump, their affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ZUMP logo or other proprietary graphic or trademark as part of the link without express written consent of Ra Lifecare Private Limited and / or its affiliates, as may be applicable.

8. Your Conduct

You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way You understand that you, and not ZUMP, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only. You must not use the website for any of the following:

-for fraudulent purposes, or in connection with a criminal offense or other unlawful activity;

-to send, use or reuse any material that does not belong to you; or is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging or in breach of copyright, trademark, confidentiality, privacy or any other proprietary information or right; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam

-to cause annoyance, inconvenience or needless anxiety.

9. Reviews, comments, communications and other content

Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. ZUMP reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgment of ZUMP violates these Conditions of use and, or terminate your permission to access or use this website.

If you do post content or submit material, and unless we indicate otherwise, you

(a) grant Ra Lifecare Private Limited and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sub licensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

(b) Ra Lifecare Private Limited and its affiliates and sub licensees the right to use the name that you submit in connection with such content, if they choose.

You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to Ra Lifecare Private Limited, including the execution of deeds and documents, at its request.

You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to ZUMP: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable ZUMP policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory); (iii) the content is lawful. You agree to indemnify Ra Lifecare Private Limited and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

 

10. Claims against Objectionable Content

Because ZUMP lists millions of products for sale offered by sellers on the website and hosts many thousands of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, ZUMP operates on a "notice and takedown" basis. If you believe that any content on the website is illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, pedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (" Objectionable Content "), please notify us immediately by following our Notice and Procedure for Making Claims of Right Infringements. Once this procedure has been followed, ZUMP will make all reasonable endeavours to remove such Objectionable Content complained about within a reasonable time.

11. Database rights

All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Ra Lifecare Private Limited, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of Ra Lifecare Private Limited and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of Ra Lifecare Private Limited, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

You may not systematically extract/ or re-utilize parts of the contents of the website without Ra Lifecare Private Limited and / or its affiliates (as may be applicable) express written consent. In particular, you may not utilize any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilization of any substantial parts of this website, without Ra Lifecare Private Limited and / or its affiliates (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (e.g.: prices and product listings) parts of this website without Ra Lifecare Private Limited and / or its affiliates (as may be applicable) express written consent.

12. Intellectual Property Claims

Ra Lifecare Private Limited and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.

 

13. Trademarks

ZUMP, THE ZUMP LOGO, and other marks indicated on our website are trademarks or registered trademarks of Ra Lifecare Pvt Ltd. or its subsidiaries (collectively "ZUMP"), in India Union and/or other jurisdictions. ZUMP's graphics, logos, page headers, button icons, scripts and service names are the trademarks of Ra Lifecare Pvt. Ltd. ZUMP's trademarks may not be used in connection with any product or service that is not ZUMP's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ZUMP. All other trademarks not owned by ZUMP that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZUMP.

14. Disclaimer

You acknowledge and undertake that you are accessing the services on the website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the website. You further acknowledge and undertake that you will use the website to order products only for your business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between you and the sellers or manufacturers of the products.

We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the website. While we have taken precautions to avoid inaccuracies in content, this website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the website. At no time shall any right, title or interest in the products sold through or displayed on the website vest with ZUMP nor shall ZUMP have any obligations or liabilities in respect of any transactions on the website.

15. Indemnity and Release

You shall indemnify and hold harmless Ra Lifecare Private Limited, its subsidiaries, affiliates and their respective officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Conditions of Use or any document incorporated by reference, or your violation of any law, rules, regulations or the rights of a third party.

You hereby expressly release Ra Lifecare Private Limited and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

16. Legal Age

Use of ZUMP is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 years, you may use ZUMP only with the involvement of a parent or guardian.

17. Communications

When you visit ZUMP, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We may communicate with you by e-mail, SMS, phone call or by posting notices on the website or by any other mode of communication. For contractual purposes, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on the website.

18. 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 you and us when you commenced using the website.

19. Alteration of Service or Amendments to the Conditions

We reserve the right to make changes to our website, policies, and these Conditions of Use at any time. You will be subject to the policies and Conditions of Use in force at the time that you use the website or that you order goods from us, 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.

20. 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.

21. 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.

22. Governing law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.

23. Our Details

This website is operated by Ra Lifecare Private Limited.

For the ZUMP website, you could contact us by visiting: https://www.zump.co.in

24. ZUMP Software Terms

In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with ZUMP Services (the "ZUMP Software").

25. Availability

This Application is available to handheld mobile devices running Android OS Operating Systems. ZUMP will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside ZUMP’s reasonable control.

ZUMP, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.

ZUMP will not be responsible for any support or maintenance for the Application.

26. System Requirements

In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications ('Software Requirements').

The Software Requirements are as follows: Android OS devices running Android OS 6.0.1 onwards; Language: English.

The version of the Application software may be upgraded from time to time to add support for new functions and services.