• These terms and conditions of use (“Terms of Use“) of the website https://bitcoinpizza.com/ and the application “Spin The Pizza” (the “App”)
    Awlencan Innovations India Limited, a company incorporated under the Companies Act, 2013, [CIN no. U72100GJ2018FLC104448] C1103,Siddhivinayak Business Tower, Nr. DAV School, Next to Kataria House, Off. S.G. Road, Makarba, Ahmedabad GJ 380051 IN (“ZebPay”) and the users of the Website and/or participants of the Event (“You” or “Your” or “Yourself” or “User“or “Customer” or “Participant”)describe the terms on which You shall access the Website and the App and the terms of Your participation in the event titled Bitcoin Pizza for COVID-19 Relief which is  to take place on 22nd May, 2021 on the Website and the App (“Event”).
  • Any User accessing the Website and the App for participation in the Event, or otherwise shall be bound by these Terms of Use, and such other terms and conditions, rules, regulations and such terms referred to herein or notified to the User by ZebPay from time to time.
  • These Terms of Use apply to You even if You are a guest and not a participant in the Event.
  • Under the Website and the App you can find the following information:-
    1. Registration process for the Event
    2. Schedule and activities of the Event; and
    3. information of such non-governmental organizations through whom funds can be raised for COVID-19 Relief.

PLEASE READ THE TERMS CAREFULLY BEFORE USING, VIEWING, ACCESSING OR REGISTERING ON THE WEBSITE OR THE APP OR PARTICIPATING IN ANY EVENT ON THE WEBSITE OT THE APP OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE WEBSITE OR THE APP. YOUR USE OF THE WEBSITE OR THE APP OR THE SERVICES, IF ANY, PROVIDED BY THE WEBSITE OR THE APP OR YOUR PARTICIPATION IN ANY EVENT AVAILABLE ON THE WEBSITE OR THE APP SHALL SIGNIFY YOUR UNCONDITIONAL ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.

Definitions and Interpretation

In these Terms of Use the following terms, unless the context otherwise indicates, will have the following meanings:

Business Day means a day that is not a Saturday, Sunday or public holiday in India.

Competent Authority means the relevant government authority in India, as notified or may be notified, depending on the context.

Contests shall mean such games, contests or quizzes conducted during the Event including 1) the Ladies Have It 2) CEO Game Show 3) Spin the Pizza and 4) Virtual Scavenger Hunt. A “Contest” shall mean any one of the Contests.

Force Majeure shall mean and include any cause arising from or attributable to acts, or events, beyond the reasonable control of ZebPay, including natural calamity, strikes, terrorist action or threat, civil commotion, riot, crowd disorder, invasion, war, threat of or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, structural damage, epidemic or other natural disaster, calamity, attacks including through computer viruses, hacking, denial of service attacks, ransomware or other manmade disruptions or any law, order enactment, statutory direction, legislation, regulation, rule or ruling of government or any court of law or of a Government or regulatory authority.

Privacy Policy privacy policy available at https://bitcoinpizza.com/privacy-policy/

Select Third Parties shall mean Zanmai Labs Private Limited, Coin DCX, Bitcipher Labs LLP, Unocoin Technologies Private Limited, Round Table India, United Way, CryptoRelief.in, National Association for Advancement of Dalits, Adivasis and Minorities and Aventri, Inc.

Third Party Sites shall mean and include any and all third party web sites including those of the Select Third Parties, produced automatically on the Website and/or the App.

Website shall mean www.bitcoinpizza.com

App shall mean Spin The Pizza.

Risk Warning

Users shall access the Website and/or the App voluntarily and at their own risk. Zebpay shall, under no circumstances be held responsible or liable on account of any loss or damage sustained (including but not limited to any accident, injury, death, loss of property) by Users or any other person or entity during the course of access to the Website and/or the App  (including participation in the Event, use of Third Party Links and the outcomes thereof.

General Information

  • These Terms of Use form a binding agreement between the User and ZebPay.
  • As this is a legally binding agreement, the User should carefully read through these Terms of Use before using the Website, App and/or participating in the Event.
  • By participating in the Event, by registering, accessing and/or using the Website and/or the App , the User agrees that the User has read, understood and accepted all the terms and conditions contained in these Terms of Use as well as the Privacy Policy.
  • If the User disagrees with these Terms of Use or our Privacy Policy, the User shall not proceed to initiate his/her registration on the Website and/or the App and participation in the Event.
  • As part of the Event certain Contests are also proposed to be held on the Website and/or the App.

User Registration

  • ZebPay reserves the right to modify/ change these Terms of Use at any time and at its sole discretion. ZebPay will provide reasonable notice of these changes to Users.
  • Any and all modifications/changes to these Terms of Use will be effective from the date mentioned in the notice being provided to Users. Such Users’ continued use of the Website and/or the App and continued participation in the Event, including but not limited to any failure to withdraw participation or failure to unsubscribe after such notification shall constitute the User’s acceptance of the revised Terms of Use. For the avoidance of doubt, if the User does not agree with any such modification or change, then the User should withdraw his/her participation and unsubscribe from the Event and cease using the Website and/or the App.
  • ZebPay may, at its sole and absolute discretion:
    1. Restrict, suspend, or terminate any User’s access to all or any part of the Website and/or the App;
    2. Change, suspend, or discontinue all or any part of the Website and/or the App;
    3. Reject, move, or remove any material that may be submitted by a User;
    4. Modify or remove any content that is available on the Website and/or the App;
    5. Deactivate or delete a User’s account and all related information and files on the Website and/or the App;
    6. Establish general practices and limits concerning use of the Website and/or the App .
  • In the event any User breaches, or ZebPay reasonably believes that such User has breached these Terms of Use or any portion hereof, ZebPay may, at its sole and absolute discretion, and without any notice to the User, restrict, suspend or terminate such User’s access to all or any part of the Event and/or the Website and/or the App, deactivate or delete the User’s account and all related information on the account and further, take technical and legal steps as it deems necessary
  • The User hereby consents to receiving communications such as announcements, administrative messages and advertisements from ZebPay and the Select Third Parties, its partners, licensors or associates.
  • The Website and /or the App may contain links to other sites either owned and operated by Zebpay or other Third Party Sites. Zebpay is not responsible for and does not endorse any advertising, products or other materials on or available from Third Party Sites. The Website and/or the App may also include articles, photographs, links, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content“). If the User decides to leave the Website and /or the App and access Third Party Sites or to use/install any Third Party Content, User does that at his/her own risk and User should be aware that these Terms of Use, the Privacy Policy and other terms and conditions of the Website and /or the App no longer govern the User’s actions. Users should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which User navigates from the Website and /or the App or relating to any applications User uses or installs from any Third Party Sites.
  • User acknowledges and agrees that ZebPay may send the User important information and notices regarding the Event by email or through other means, including mobile devices. You acknowledge and agree that ZebPay shall have no liability associated with or arising from Your failure to maintain accurate contact or other information, including, but not limited to, Your failure to receive critical information about the Event or other services. You acknowledge, consent and agree that we may access, preserve, and disclose Your registration and any other information You provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to:
    1. comply with legal process;
    2. enforce these Terms of Use;
    3. respond to claims of a violation of the rights of third-parties;
    4. respond to Your requests for customer service; or
    5. protect the rights, property, or personal safety of ZebPay, the its’s affiliates, its
  • Users and the public in general. You are solely responsible for Your interactions with other Users. ZebPay reserves the right, but has no obligation, to monitor disputes between You and other Users and to terminate Your account if ZebPay determines to do so, in its sole discretion.
  • By using the Website and/or the App, the User declares that all information provided by the User to ZebPay is true, accurate and complete. Users further agree to update and keep updating their registration information as and when necessary.
  • Users agree not to institute, assist or become involved in any type of attack, including without limitation to distribution of a virus, other attempts to disrupt the Website and/or the App or any other person’s use or enjoyment of the Website and/or the App.
  • Without limiting the foregoing, Users agree not to participate in the Event and/or use the Website and/or the App for any of the following:
    1. To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
    2. To harass, stalk, threaten, or otherwise violate any legal rights of other individuals or Users;
    3. To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit“) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
    4. To Transmit files that contain viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of ZebPay or another person’s computer, any software, hardware or telecommunications equipment;
    5. To impersonate any person or entity.
  • Unauthorized access to the Website and/or the App is a breach of these Terms of Use and a violation of the law.
  • Acceptance of any benefit/prize received by a User as a result of participating in the Event, constitutes permission for ZebPay, and, its affiliates to use the said User’s name, likeness, voice and comments for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and / or additional compensation whatsoever. Such Users further undertake that they will be available for promotional purposes as planned and desired by ZebPay without any charge or cost to ZebPay. The exact dates remain the sole discretion of ZebPay. Promotional activities may include but not be limited to press events, social media posts, internal meetings and ceremonies/functions.
  • All prizes are non-transferable and non-refundable. Prizes cannot be exchanged / redeemed for cash or kind. No cash claims can be made in lieu of prizes in kind.
  • In order to receive any benefit/prize, the User agrees to provide such additional details and KYC documents as may be requested by ZebPay, in absence of which the said benefit/prize shall not be accorded to the User.

Contests

  1. THE LADIES HAVE IT:
    • There is no entry fee for this contest.
    • This game/quiz does not vest or give any right to any User, and the Users will not be eligible for any prize or benefit. The Users understand that this game/quiz session is solely for entertainment purpose and not for purposes of earning or winning any prize. Views, thoughts, responses and opinions expressed during the Event belong solely to the Users, and not of ZebPay. The participation of the Users in this game/quiz is subject to these Terms and Use and the Privacy Policy.
  2. CEO GAME-SHOW:
    • There is no entry fee for this contest.
    • This game/quiz does not vest or give any right to any User and he/she will not be eligible for any prize or benefit.
    • The Users understand that this game/quiz session is solely for entertainment purpose and not for purposes of earning or winning any prize.
    • Views, thoughts, responses and opinions expressed during the Event belong solely to the Users, and not of ZebPay.
    • The participation of the Users in this game/quiz is subject to these Terms and Use and the Privacy Policy.
  3. SPIN THE PIZZA:
    • There is no entry fee for this contest.
    • Each User gets a chance to spin the wheel once;
    • Post the spin, Users may win the following:-
      • Bitcoin-Pizza branded masks; and/or
      • Domino’s pizza vouchers of different denominations.
    • On winning a prize as mentioned above, the User has to click the ‘Claim’ button immediately. If the User fails to or is unable to do so, the User will have to ‘spin’ the pizza again to claim the prize.
    • The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize.
    • All prizes must be redeemed within such number of days as may be mentioned on the voucher.
    • The winner must provide such details to ZebPay as may be sought, for availing the prize.
    • If a winner has provided a wrong email address or mailing address, c, is unresponsive, is unable to provide the requisite information as sought by ZebPay or is disqualified for any reason whatsoever, ZebPay reserves the right to determine not to award the winner’s prize to such participant, in its sole discretion.
    • The participation of the Users in this game is subject to these Terms and Use and the Privacy Policy.
  4. VIRTUAL SCAVENGER HUNT:
    • There is no entry fee for this contest.
    • This is a scavenger hunt and the first 10 Users may win “satoshis” as a prize;
    • The prize(s) that may be awarded to the eligible winner(s) are not transferable, redeemable for cash or exchangeable for any other prize.
    • Post the Event, the winner will be contacted by ZebPay for seeking additional information, as required
    • To claim the prize the winner must provide such details, information and documents to ZebPay as may be sought, for availing the prize.
    • If a winner has provided a wrong email address or mailing address, cannot be contacted, is unresponsive, is unable to provide the requisite information as sought by ZebPay or is disqualified for any reason whatsoever, ZebPay reserves the right to determine not to award the winner’s prize to such User, in its sole discretion.
    • The participation of the Users in this game is subject to these Terms and Use and the Privacy Policy.
  5.  LUCKY DRAW
    • Registered participants who refer a friend (and if the friend registers to attend the event) will be entered into a ‘Lucky Draw’
    • Prize of the lucky draw is in Bitcoin (amount will be announced during the event).
    • Lucky draw will be done publicly (using anonymous registration numbers) during the CEO gameshow session.
    • Winner will be notified by email and additional information requested. If an incorrect email was provided at the time of registration, the winner will forfeit his/her prize and the prize will be donated to charity. If no response is received within 7 days, the prize will be donated to charity.
    • Winner will be given the prize in Bitcoin – if they are a customer of Zebpay, will be credited to their account directly. If they are not a customer, the prize will be transferred to any wallet address that they provide us in reply to the email (they will have to bear the transaction charge).
    • The prizes are inclusive of all taxes, and the winners shall be liable for payment of any and all taxes applicable to the prize(s).

Eligibility

  • To participate in the Event, You need to register on bitcoinpizza.com. Your access to or registration on the www.bitcoinpizza.com will be bound by these Terms of Use and other policies and requirements as contained therein.
  • Persons below the age of eighteen (18) years are not allowed to participate in the Event on the Website and /or the App.
  • If the User is an individual and is not at least 18 years old, the User’s legal guardian shall be responsible for all consequences resulting from the User’s actions on the Website and ZebPay shall have the right to deactivate and/or cancel the User’s Account in addition to filing claims against the User and the User’s guardian for compensation/damages.
  • For the Event each User shall only register once. Multiple registrations for the same User will not be allowed.
  • It is clarified that in case a User is found to be in violation of these Terms of Use, ZebPay reserves its right to initiate appropriate Civil/Criminal remedies as it may be advised other than forfeiture and/or recovery of benefits/prize given, if any.

Prohibition of use

  • By accessing and using the Website and /or the App or attending the Event, the User acknowledges and declares that he/she is not on any trade or economic sanctions lists, such as the United Nations Security Council Sanctions List and its equivalent. You may not engage in the following categories of activity (“Prohibited Uses”). The specific types of use listed below are representative, but not exhaustive:
    1. unlawful activity;
    2. fraud;
    3. gambling;
    4. intellectual property infringement; or
    5. defamation or abuse.
  • The content of these Terms of Use shall not supersede the laws of India. ZebPay maintains its stance that prohibited Users as per the foregoing Clause are not to use or access the Website and /or the App for any purpose.
  • Subject to the terms and conditions stipulated herein below, ZebPay, at its sole discretion, may disqualify any User from participating in the Event, or refuse to award benefits or prizes and/or require the return of any prizes, if the User engages in unfair conduct, which ZebPay deems to be improper, unfair or otherwise adverse to the operation of the Event which includes, but is not limited to:
    1. Falsifying one’s’ own personal information (including, but not limited to, name, email address and/or any other information or documentation as may be requested by ZebPay to participate in the Event;
    2. Engaging in any type of financial fraud or misrepresentation including unauthorized use of credit/debit instruments, payment wallet accounts etc. to enter the Event. It is expressly clarified that the onus to prove otherwise shall solely lie on the User;
    3. Colluding with any other User(s) or engaging in any type of syndicate play;
    4. Abusing the Event or the Website and/or the App in any way (‘unparliamentary language, slangs or disrespectful words’ are some of the examples of Abuse)

User identity verification

  • With registration of a User on the Website or the App for participation in the Event, the User agrees to share personal information requested for the purposes of identity verification and other purposes permitted by applicable laws. ZebPay endeavours to retain and obtain this personal information in accordance with its Privacy Policy and applicable law.
  • In addition to providing this information, to facilitate compliance with global industry and government standards for data retention, the User agrees to permit ZebPay to keep a record of such information for such period required by applicable law.
  • The User also authorises ZebPay to make inquiries, either directly or through third parties, that are deemed necessary to verify the User’s identity or to protect the User and/or ZebPay against financial crimes such as fraud, etc.

Authenticity and self-responsibility of identity information

  • All Users wishing to participate in the Event must register for the Event by using the Website via our bitcoinpizza.com and provide such information as requested during the process of registration.
  • Where ZebPay, at its sole and absolute discretion, determines that the applicable law and regulations require Zebpay to report transactions, if any, with the User to a Competent Authority, the User must obtain and provide ZebPay with any information as ZebPay may require.
  • You are required to provide any and all identity and verification information; document(s) and details In providing this required information, the User confirms that all such information is accurate and authentic. Post-registration, the User guarantees at all times that the information is truthful, complete and updated in a timely manner with any changes. If there is any reasonable doubt that any information provided by the User is wrong, untruthful, outdated or incomplete, ZebPay shall have the right to send the User a notice to demand corrections, remove relevant information directly, suspend or terminate all access or part of the access of the Website and /or the App and/or the Event to the User.
  • The User shall be solely and fully responsible for any loss or expenses incurred by the User in the course of the use of the Website and/or participation in the Event if the User cannot be reached through the contact information provided by the User.
  • Depending on certain conditions and in our sole discretion, we may refuse to register a User or deny entry in the Event. ZebPay may or may not accept any participation request in its absolute discretion, including (but not limited to) if the User fails to pass the relevant appropriateness checks. If the User participation request is accepted by ZebPay, the User shall be notified of the same.
  • The User hereby covenants that the User:
    1. will not share his/her login or password/PIN details with any third party
    2. will notify ZebPay immediately if the User he/she is aware of any unauthorised use of the User login or password/ PIN by any person or any other violations of the User’s account;
    3. will strictly observe the security, authentication, mechanisms and/or procedures of the Website and/or the App; and
    4. will log out from the Website and/or the App by taking proper steps at the end of every visit.
  • ZebPay will not be responsible for any loss or consequences caused by the User’s failure to comply with the above terms and conditions.

Representations, warranties and covenants of the User

  • The User represents and warrants to ZebPay that:
  • If the User violates the foregoing promises and/or other terms and conditions of these Terms of Use in any manner resulting in any legal consequences, the User shall independently undertake all of the legal liabilities in the User’s own name and indemnify ZebPay from all actions, claims, losses or costs arising from such violation;
  • The User will not use any data or information displayed on the Website and/or the App for commercial purposes without ZebPay’s prior written consent.
  • The User will use the Website and/or the App in accordance with these Terms of Use and the Privacy Policy, without taking acts of unfair competition nor attempting to intervene with the normal operation of ZebPay. Examples of such malicious acts include, but are not limited to:
    1. using a device, software or subroutine to interfere with the Website and/or the App;
    2. overloading network equipment with unreasonable data loading requests.
  • By accessing the Website and/or the App, the User agrees that ZebPay shall have the right to unilaterally determine whether the User has violated any of the above covenants and take action without receiving the User’s consent or giving prior notice to the User. Examples of such actions include, but are not limited to:
    1. restricting the User from entering the Event;
    2. deactivating the User account;
    3. reporting the incident to authorities;
    4. publishing the alleged violations and actions that have been taken;
    5. deleting any information you published that is in violation.
  • If the User’s alleged violation causes any losses to a third-party, the User shall solely undertake all the legal liabilities in the User’s own name and hold ZebPay harmless from any loss, fine or extra expenses. If, due to any alleged violation ZebPay incurs any losses, is claimed by any third party for compensation or suffers any punishment imposed by any administrative authorities and/or Competent Authorities, the User will indemnify ZebPay against any losses and expenses caused thereby, including legal fees on a full indemnity basis.
  • The User acknowledges and agrees that the above representations and warranties have been a material inducement to the decision of ZebPay to permit the User to use the Website and /or the App and participate in the Event.
  • In case of any abnormal behaviour, cancellation of or delay in the Event beyond ZebPay’s control, ZebPay shall not be liable to the User.

Liability

  • ZebPay will provide access to the Website and /or the App on an “as is” and “commercially available” condition and to the maximum extent permitted by law does not offer any form of warranty with regards to the Website and /or the App’s reliability, stability, accuracy and completeness of the technology involved

Indemnity and Limitation of liability

  • By participating in the Event and accessing the Website and /or the App, Users hereby agree to indemnify ZebPay, its parent company, any of its directors, employees, partners, associates and /or licensors, from and against any claims and damages (including legal fees, fines or penalties imposed by any regulatory authority) arising out of a) the User’s breach or our enforcement of these Terms of Use or (including with limitation your breach of the Privacy Policy or any other restrictions on use of the Website and /or the App) or b) User’s violation of any law, rule or regulation, or the rights of any third party c) User’s access to the Website and/ or the App and/or participation in the Event including (but not limited to) personal injury and damage to property and whether direct, indirect, consequential, foreseeable, due to some negligent act or omission on their part, or otherwise. This shall also apply to the User’s violation of any applicable law, regulation, or rights of any third party during your use of the Website and /or the App. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
  • ZebPay accepts no liability, whether jointly or severally, for any errors or omissions, whether on behalf of itself or third parties in relation to the prizes.
  • Users shall be solely responsible for any consequences which may arise due to their access to the Website and/or the App by conducting an illegal act or due to non-conformity with these Terms of Use, including provision of incorrect address or other personal details. Users also undertake to indemnify ZebPay and their respective officers, directors, employees and agents on the happening of such an event (including without limitation cost of attorney, legal charges etc.) on full indemnity basis for any loss/damage suffered by ZebPay on account of such act on the part of the Users.
  • In consideration of ZebPay allowing Users to access the Website and /or the App, to the maximum extent permitted by law, the Users waive and release each and every right or claim, all actions, causes of actions (present or future) each of them has or may have against ZebPay, its respective agents, directors, officers, business associates, group companies, sponsors, employees, or representatives for all and any injuries, accidents, or mishaps (whether known or unknown) or (whether anticipated or unanticipated) arising out of the use of the Website and /or the App or related to the Event or the prizes of the Event.
  • To the maximum extent permitted by law, THE MAXIMUM CUMULATIVE LIABILITY OF ZEBPAY IN ANY EVENT, FOR ANY CLAIM, DAMAGES, TORT SHALL BE LIMITED TO THE MONIES, IF ANY, ACTUALLY RECEIVED FROM THE USER, FOR THE PARTICIPATION IN THE EVENT.
  • No Liability for Breach
    ZebPay will not be liable for any breach of these Terms of Use, where the breach is due to abnormal and unforeseeable circumstances beyond ZebPay’s control, the consequences of which would have been unavoidable despite all effects to the contrary, nor is ZebPay liable where the breach is due to the application of mandatory legal requirements.
  • Limitation of loss
    Without prejudice to the generality of the foregoing, in no event shall ZebPay, its affiliates or its service providers, or any of its or their respective officers, directors, agents, employees or representatives, be liable for any of the following types of loss or damage arising under or in connection with these Terms of Use or otherwise:
    1. any loss due to discontinuation, alteration, suspension or termination of any part of the Event, features or services, if any, offered on the Website caused or occasioned by any Force Majeure event or any change in applicable law or introduction of a new law with respect to cryptocurrencies or otherwise or by an order of a Competent Authority;
    2. any loss of profits or loss of expected revenue or gains, including any loss of anticipated prize, trading profits and / or any actual or hypothetical trading losses, even if we are advised of or knew or should have known of the possibility of the same;
    3. any loss of or damage to reputation or goodwill; any loss of business or opportunity, customers or contracts; any loss or waste of overheads, management or other staff time; or any other loss of revenue or actual or anticipated savings, even if we are advised of or knew or should have known of the possibility of the same;
    4. any loss of use of hardware, software or data and / or any corruption of data; including but not limited to any losses or damages arising out of or relating to any inaccuracy, defect or omission of digital currency price data; any error or delay in the transmission of such data; and / or any interruption in any such data;
    5. any loss or damage whatsoever which does not occur directly from ZebPay’s breach of these Terms of Use; and/or
    6. any loss or damage whatsoever which is in excess of that which was caused as a direct result of our breach of these Terms of Use (whether or not you are able to prove such loss or damage).

Termination of these Terms of Use

  • The User agrees that we have the right to immediately suspend the User registration , and suspend access to the Website and/or the App if we suspect any such User accounts to be in violation of these Terms of Use and Privacy Policy or any applicable laws and regulations.
  • ZebPay reserves the right to keep and use the access or transaction data or other information related to such User for up to the longer of: five (5) years or the time period required by applicable law following the termination of this agreement, and for the following purposes:-
    1. if the User is subject to a governmental proceeding, criminal investigation or other pending litigation;
    2. if ZebPay detects unusual activity in the User account;
    3. if ZebPay detects unauthorized access to the User account;
    4. if ZebPay is required to do so by a court order or command by a regulatory/government authority or any other Competent Authority;
    5. in the event of a suspected breach of these Terms of Use;
    6. in the event of a suspected criminal event, including but not limited to money laundering, terrorist financing, and fraud;
    7. in the event the use of User account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your account activity;
    8. You take any action that may circumvent our controls such as opening multiple accounts or abusing benefits of Events which we may offer from time to time;

Force Majeure

  • The Event will be conducted only on the digital domain, which is subject to risks including offensive attacks. ZebPay shall not be liable for any loss caused to the User if the same arises due to any Force Majeure event, including commissions or omissions by third parties, forces of nature, offensive attacks on ZebPay servers or on the personal devices of the Users, changes in applicable law, or any loss caused by conditions or events beyond the reasonable control of ZebPay.

To the maximum extent permitted by law ZebPay shall not be liable for any loss caused to User due to a data breach of confidential information of the User, including of the User account details or User password, including when such breach has occurred due to the User sharing such details with third parties or due to the User’s failure to follow reasonable due diligence. ZebPay shall also not be liable or responsible for losses caused due to any disclosure by User of any User account details, including on account of a phishing attack or other third-party disruption

Privacy and Confidentiality

  • ZebPay processes all personal information in accordance with applicable law and regulations relating to the processing, privacy, and use of personal information
  • ZebPay may collect, hold and process personal information about the User from the way in which the User engages with ZebPay (such as by registering for the Event, or if the User contacts ZebPay by post, email, telephone, in person or by any other means), through the User’s interactions with ZebPay and/or the Website and /or the App.
  • Details of the types of personal information which ZebPay collects, holds or processes are set out in ZebPay’s Privacy Policy available at https://bitcoinpizza.com/privacy-policy/
  • ZebPay relies on the following legal basis to process and use the User’s personal information:
    1. processing is necessary for the performance of the Website and /or the App and Event offered to the User under these Terms of Use;
    2. processing is necessary for the purposes of ZebPay’s legitimate business interests, including administering the relationship with the User and/or analysing, improving and developing its features, planning of Event, products and services; and
    3. processing is necessary for compliance with a legal obligation to which ZebPay is subject as better identified in ZebPay’s Privacy Policy.
  • The User’s personal information may be disclosed to ZebPay’s affiliates, service providers and other suppliers (including those outside of India) provided that any such transfer or access is compliant with the applicable data protection laws and is subject to appropriate contractual provisions relating to data protection and confidentiality. Further details as to where the User’s personal information may be transferred or accessed and the basis for such transfers are set out in the Privacy Policy.
  • ZebPay has security procedures covering the storage and disclosure of the User’s personal information to prevent unauthorised access of any User personal information and to comply with the Information Technology Act, 2000, and the Rules and Regulations framed thereunder.
  • Neither party may disclose to any person any information relating to the business, investments, finances or other matters of a confidential nature of the other party of which it may come into possession in connection with these Terms of Use and its performance by the other party, and each party shall use all reasonable endeavours to prevent such disclosure, except as may be required by any applicable law, rule or regulatory, law enforcement or tax authority.

Complaints

If the User has any complaints, feedback or questions, ZebPay may be contacted via [email protected]tcoinpizza.com and we will make our best efforts try to resolve the issue with expediency. ZebPay shall not provide any support services to walk-in users.

Notices

  • Unless these Terms of Use expressly state otherwise, a notice, consent, approval, waiver or other communication (notice) in connection with these Terms of Use must be in writing. A notice may be given by hand delivery, prepaid post, or by electronic message to the recipient’s physical address or email address as advised from time to time.
  • A notice given under this clause will be deemed to be received:
    1. if hand delivered, at the time of delivery;
    2. if sent by prepaid post, three Business Days after the date of posting;
    3. if sent by electronic message, when the sender receives an automated message confirming delivery or eight business hours after the message has been sent (as recorded on the device from which the sender sent the message) unless the sender receives an automated message that the electronic message was not delivered or the sender knows or reasonably should know that there is a network failure and accordingly knows or suspects that the electronic message was not delivered,

unless a notice is received after 5.00 pm on a Business Day in the place of receipt or at any time on a non Business Day, in which case, that notice is deemed to have been received at 9.00 am on the next Business Day.

Assignment

The User may not assign or otherwise deal with any of its rights or obligations under these Terms of Use without the prior written consent of ZebPay. However, ZebPay may, without the consent of the User, assign its rights under these Terms of Use in the case of the sale of all or part of the Website.

Waiver

  • No failure to exercise or delay in exercising any right given by or under these Terms of Use to a party constitutes a waiver and the party may still exercise that right in the future.
  • Waiver of any provision of these Terms of Use or a right created under it must be in writing signed by the party giving the waiver and is only effective to the extent set out in that written waiver.

No warranty or representation

By giving its approval or consent about any matter dealt with by these Terms of Use, ZebPay does not make or give any warranty, representation or undertaking about any circumstances relating to the subject matter of the consent or approval.

Severability

If any provision of these Terms of Use is void, voidable by a party, unenforceable, invalid or illegal and would not be so if a word or words were omitted, then that word or those words are to be severed and if this cannot be done, the entire provision is to be severed from these Terms of Use without affecting the validity or enforceability of the remaining provisions hereof.

Further steps

Each party agrees to promptly do all things reasonably necessary or desirable to give full effect to these Terms of Use, including obtaining consents and signing documents

Entire agreement

These Terms of Use contain the entire agreement between the parties about the subject matter hereof, and supersede all previous communications, representations or agreements between the parties on the subject matter.

Governing law and jurisdiction

  • These Terms of Use are governed by the laws of India.
  • The parties submit to the non-exclusive jurisdiction of the courts of Ahmedabad, Gujarat, India, in case of any disputes that may arise in respect of, or relating to these Terms of Use.

Disclaimers

  • To the extent permitted under law, neither ZebPay nor its parent/holding company, subsidiaries, affiliates, directors, officers, professional advisors, employees shall be responsible for the deletion, the failure to store, the mis-delivery, or the untimely delivery of any information or material.
  • To the extent permitted under law, ZebPay shall not be responsible for any harm resulting from downloading or accessing any information or material, the quality of servers, ZebPay services or sites, cancellation of Event and prizes. ZebPay disclaims any responsibility for, and if a User pays for access to the Event, the User will not be entitled to a refund as a result of, any inaccessibility that is caused by ZebPay’s maintenance on the servers or the technology that underlies our sites, failures of ZebPay’s service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other destruction or damage of our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. In addition, ZebPay does not provide any warranty as to the content on the ZebPay(s). ZebPay(s) content is distributed on an “as is, as available” basis.
  • Any material accessed, downloaded or otherwise obtained through ZebPay is done at the User’s discretion, competence, acceptance and risk, and the User will be solely responsible for any potential damage to User’s computer system or loss of data that results from a User’s download of any such material.
  • ZebPay shall make best endeavours to ensure that the ZebPay(s) is error-free and secure, however, neither ZebPay nor any of its partners, licensors or associates makes any warranty that:
    1. the ZebPay(s) will meet Users’ requirements,
    2. ZebPay(s) will be uninterrupted, timely, secure, or error free
    3. the results that may be obtained from the use of ZebPay(s) will be accurate or reliable.
  • In case ZebPay discovers any error, including any error in the determination of who to give a prize, ZebPay reserves the right (exercisable at its discretion) to rectify the error in such manner as it deems fit, including through a set-off of the erroneous payment from amounts due to the User or deduction from the User’s account of the amount of erroneous payment. In case of exercise of remedies in accordance with this clause, ZebPay agrees to notify the User of the error and of the exercise of the remedy(ies) to rectify the same.
  • To the extent permitted under law, neither ZebPay nor its partners, licensors or associates shall be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of or inability to use our sites, even if we have been advised of the possibility of such damages.
  • Any ZebPay Event(s) being hosted or provided, or intended to be hosted on ZebPay platform and requiring specific permission or authority from any statutory authority or any state or the central government or any other Competent Authority, or the board of directors shall be deemed cancelled or terminated, if such permission or authority is either not obtained or denied either before or after the participation of a User in the Event.

To the extent permitted under law, in the event of suspension or closure of any Events, Users (including Participants) shall not be entitled to make any demands, refunds, claims, on any nature whatsoever.