Terms and Conditions
Welcome to Zwapall !
Zwapall builds technologies and services that enable users across the globe to connect with each other; monetise their business assets including intellectual property; collaborate, invest and grow their business. These services are brought to you by Zwapall Innovations (P) Limited.
By using our website www.zwapall.com or our services, you are agreeing to the terms and conditions provided here
Zwapall: under these terms and conditions, Zwapall shall mean the persons who own and/or manage the website https://www.zwapall.com or mobile app.
Registered User: is a person or entity who has registered with Zwapall as a Registered User and is or represented by a person of 18 years of age or above and legally competent to enter into a valid business contract as per the law applicable in his/her respective countries, is business owner or business property owner or intellectual property holder or acquirer or funder or investor or his/her authorised personal or employee. The Registered User of Zwapall website or mobile app, shall receive a password and an account through dashboard
DESCRIPTION OF SERVICE
Our website/mobile app has been designed to connect sellers of business assets including intellectual property, businesses and start-ups with buyers/investors/financiers/collaborators through the process of automated searching, shortlisting and contacting prospects.
CONDITIONS OF SERVICE
Registered Users can browse, search, buy, sell, exchange, lease, license, franchise, collaborate, receive investment and funding completely FREE using the website "https://www.zwapall.com" or mobile app Zwapall.
Registration and posting of one listing with 5 images by Seller and one listing with 1 image by Buyer is absolutely FREE. For more use of space by listing more goods and services, users have to upgrade by paying a nominal amount as provided.
Zwapall service is also NON-EXCLUSIVE, which means that you are totally free to promote and sell your Intellectual property, Business and Business assets outside.
We charge only Contingency fees (referral fee, finder’s fee and brokerage) for the Non-exclusive services provided based on authorisation provided by users
There shall be Service charges for availing support services from Zwapall or third party business associates via the website "https://www.zwapall.com" or mobile app Zwapall.
Unless authorised, Zwapall services does not include help in the negotiation or in the conclusion of agreements between users. Users are responsible for honouring agreements made with other users/ third parties. Zwapall is thus not involved in the actual transaction between buyers and sellers unless authorised to get involved. As a result, Zwapall has no control over the quality, safety or legality of the goods and services advertised, the truth or accuracy of the listings, the ability of sellers to sell Intellectual property, business or business assets or the ability of buyers to pay, finance or invest in Intellectual property, business or business assets. Zwapall cannot ensure that a buyer or seller will actually complete a transaction.
The User ID and password shall be used by Registered user alone and shall not be transferred/assigned or permitted to be used by any other person. The Registered User alone is entirely responsible to maintain the confidentiality of the respective password and account and is liable for any and all activities which occur under their respective account.
User should contact a party on the website only if he/she has a genuine interest in the offering advertised on the website by the party and should not contact the person for any other purpose.
Zwapall is not regulated by any regulatory body and you are strictly prohibited from offering any form of public securities, shares, bonds, or anything similar via this website.
Brokers who are not authorised by the owners of Intellectual property, Business or Business assets are not welcome to post information, images or video on the Zwapall website or mobile app. On receipt of complaint or information about such unauthorised use, Zwapall shall be at liberty to permanently disable access to the account, delete posts or suspend such profile and listing if such person could not prove proof of authorisation.
Zwapall reserves the right to forthwith terminate a registered user’s use and / or registration with the Website, if at any time the Zwapall is, in its sole discretion, of the opinion or has any reason to believe that, you are not eligible to use this Website or that you have made any misrepresentation about your eligibility or has done acts which are detrimental to the best interests of other users and smoothing functioning of this website or mobile app
THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK:
It is not Zwapall’s policy to exercise any kind of supervisory or editorial control over and/or edit and/or amend any data and/or contents of any e-mails and/or posting of any information that may be inserted or/and made available or transmitted to a third party in or through Zwapall website/App and the User acknowledges the same.
The User understands that Zwapall does not provide any representation or warranty as to completeness or accuracy of any information received from businesses (or related parties). The Users are responsible for the accuracy and content of the listing.
Zwapall may seek proof of the content or information shared by the Registered User at any time. The Registered User agrees to furnish proof of the claims made by them within 2 days of the request made by Zwapall. If proof to the satisfaction of Zwapall is not submitted within the accorded time, Zwapall shall be at liberty to not approve such profile or shall be entitled to either delete such information it believes to be false or suspend the said profile.
Dashboards assigned by Zwapall to Registered User(s) (including both paid and free User(s) are the exclusive property of Zwapall and it cannot be assumed to be permanent in any case. Zwapall reserves the right, without prior notice, at any point of time, to suspend or terminate or restrict access to or edit any Dashboards. In all such cases, Zwapall will not be liable to any party for any direct, indirect, special or other consequential damages, including, without limitation, any lost profits, business interruption or otherwise.
DISCLOSURE TRANSACTION CLOSURES
The Registered User agrees to promptly disclose in absolute good faith the correct transaction value and transaction closure date and other material terms to Zwapall by promptly informing Zwapall or sending an email to firstname.lastname@example.org within 2 business days of transaction closure to enable Zwapall to update the website or mobile app.
Failure to disclose accordingly in good faith within the aforesaid timeframe would entitle Zwapall to be indemnified to an amount that is not less than 1% of the total transaction value or INR 20,000 for Indian users (or USD. 300 or equivalent for Non-Indian users), whichever is higher. For further delay an interest @10% shall be calculated. The Registered User agrees that the total transaction value includes total payments made, committed future pay-outs, non-cash payments, debt assumed by acquirer, and bonus payments to be paid to management. The transaction shall be deemed closed on the date on which the Registered Users (Buyer and Seller) on Zwapall sign the final version of the definitive agreement amongst themselves or on the receipt of any payment pertaining to the transaction.
Registered User, Seller or Buyer who has authorised Zwapall to facilitate sale, lease, license, finance, franchise, investment etc. shall pay the Contingency fees as agreed on Authorisation form within 3 business days without fail from the date of successful closure of transaction. For further delay an interest @10% shall be calculated and charged.
PAYMENT & REFUND POLICY
• Zwapall provides free trial / sample listing with 5 images. Only those who are satisfied with the said service may upgrade/subscribe to paid services
• In order to upgrade/subscribe to paid services, full payment need to be made at the time of availing the service.
• Payment for service once subscribed to by the subscriber/registered user, is not refundable and any amount paid shall stand appropriated.
• User acknowledges and agrees that Zwapall Innovations Pvt. Limited at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount paid by a subscriber/user, against any amount(s) payable by User to Zwapall under any other agreement or commercial relationship towards other products/services.
• Refund if any will be at the sole discretion of Zwapall Innovations Pvt. Limited only. Zwapall reserves and retains the right to adjust the refundable amount to the charges for any other services.
• The Zwapall offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Subscribers card/bank accounts.
• Zwapall also do not offer any refunds against goods / services provided by Users/Third Party Support Service providers/Zwapall Business Associates
Zwapall will hold in confidence all information concerning the Registered User or his affairs that is acquired during the course of acting for the Registered User.
Notwithstanding anything mentioned above, the Registered User consents to Zwapall using the user's name, company name, testimonials, place and logo on its website, promotional material or other literature/ write-ups unless the user requests otherwise.
ZWAPALL INTELLECTUAL PROPERTY RIGHTS
The User agree that Zwapall Innovations Pvt. Ltd. is the sole owner of all the rights to including but not limited to ownership, all title, content and intellectual property rights in the Web Site zwapall.com and its mobile app version. The Zwapall logo, other product or service names or slogan contained in the Site are trademarks of Zwapall Innovations Pvt. Ltd. and its licensors. Service mark, trademark, and/or trade dress of Zwapall, the look and feel of the Zwapall Site/mobile app (including all page headers, custom graphics, button icons, and scripts) and the contents shall not be copied, retrieved, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or another medium for publication or distribution or for any commercial purpose without express prior written permission of Zwapall or the applicable trademark holder. You shall You may not use any metatags, keywords, hashtags any other hidden text utilizing “Zwapall,” or any other name, trademark, or product or service name of Zwapall, without our prior written permission. The Web Site Content embodies trade secrets and other intellectual property rights protected under worldwide copyright and other applicable laws pertaining to intellectual property. All rights, not otherwise claimed under this Agreement by, are hereby reserved. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. The unauthorized adoption copying, modification, use or publication of these marks is strictly prohibited. Users are also not permitted to hold themselves out as an agent or associate of Zwapall without prior written permission.
COMPLAINTS OF INTELLECTUAL PROPERTY INFRINGEMENT
Zwapall respects the intellectual property rights of others. It is Zwapall’s policy to respond promptly to any claim that content submitted to Zwapall infringes the copyright or other intellectual property of any person (“Infringement”). Zwapall will use reasonable efforts to investigate notices of alleged Infringement and will take appropriate action under applicable intellectual property law and these Site Terms where it believes an Infringement has taken place, including removing or disabling access to the content claimed to be infringing, and/or terminating accounts and access to the Services.
To notify Zwapall of a possible Infringement you must submit your notice in writing to the attention of “Intellectual Property Infringement” at the email id: email@example.com and include in your notice a detailed description of the alleged Infringement sufficient to enable Zwapall to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content is infringing your copyright.
If Zwapall remove or disable access to content in response to a notice of Infringement, we will make reasonable attempts to contact the user who submitted the affected content. If you feel that your content is not infringing, you may provide Zwapall with a counter notice in writing to the attention of “Intellectual Property Infringement Counter Notification” at email id: firstname.lastname@example.org. You must include in your counter notice sufficient information to enable Zwapall to make a reasonable determination. Please note that you may be held accountable for damages (including costs and attorneys’ fees) if you materially misrepresent that your content is not infringing the copyrights of others.
ACTIVITIES THAT INTERFERES WITH OR DISRUPTS THE FUNCTIONING OF THE SITE.
The User agrees not to access or attempt to access the Site by any means other than the interface provided, and will not use Site Materials for any purpose other than the purpose for which they were made available. User further agrees not engage in any activity that interferes with or disrupts the functioning of the Site.
User agree not to use any "deep-link", "page-scrape", "robot", "spider" or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the website or any content, materials, documents or information, re-post or re-use data from the Site.
The user also agrees not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by Zwapall) or services that interact or interoperate with the Site, in any way or for any purpose.
The Registered user will not upload, attach, or insert any file, or any external link, that may be invalid, malicious, or unknown to you, or used for offering any goods or services.
REGISTERED USER’S UNDERTAKING
The Registered User specifically undertakes and acknowledges that the Zwapall is only providing the Website and shall not be liable for any financial transaction made by him/her does not have linkage with Specially Designated Nations and blocked person (SDN) countries listed under OFAC/UN sanctions in any manner and all transactions made by him/her are from legitimate source only. He/she shall not use the Zwapall website to sell illegal or prohibited items or further the interests of any prohibited organisations, not to post, email, display, upload, modify, publish, transmit, update or share any information on the site, or otherwise make available content that is immoral or violates any law or regulation or that is false, deceptive, misleading or deceitful and hereby undertake not to hold Zwapall or their associates responsible for any of its action or inaction in respect of the OFAC- linked/UN sanctioned transactions.
The Registered User further undertakes and agrees that Zwapall shall not be liable for any direct, indirect, incidental, special or consequential damages, (including, but not limited to, damages caused by personal injury, loss of opportunity, loss of business, loss of profits, loss of goodwill, loss of business reputation, user data or other intangible assets, business interruption, loss of privacy, or any other pecuniary loss) to the User or any third party resulting from the (i) errors, interruption, mistakes, or inaccuracies of content, suspension or termination of, or in, the Website/ App, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent (ii) Personal injury or property damage, of any nature whatsoever, resulting from the Registered User's access to and use of the Website/App, (iii) any unauthorized access to or use of the Website/App and secure servers, and/or any and all personal information, information pertaining to Intellectual property, business and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use by the User of any content posted, emailed, transmitted, or otherwise made available on the Website, whether based on warranty, contract, tort, or any other law, and whether or not the Zwapall is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law. In addition to the above, to the extent permitted by law, Zwapall is not liable, and the Registered User agrees not to hold Zwapall responsible and will indemnify and hold Zwapall harmless from and against any and all the claims.
The Registered User further undertakes and agrees that in case of a dispute arising with one or more other Registered Users, the Registered User will release Zwapall from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
The Registered User undertakes in the event of any dispute of any nature whatsoever, whether in any court or otherwise, the liability of Zwapall if any would be restricted to the fee paid under this engagement
The intellectual property, business property and business information, images, audio-visuals and comments are provided by and are the responsibility of the registered user posting such items and Zwapall is not liable for any infringement of intellectual property rights arising out of materials posted on or transmitted through the site, or items advertised on the site, by end users or any other third parties. In particular, user understands that it is its own responsibility not to post any information which should remain confidential.
Zwapall makes no claim that the Website and materials (including Contents) on the Website are appropriate for any particular purpose or audience, or that they may be downloaded outside of India. Access to the Website may not be legal by certain persons or in certain countries. If User accesses the Website from outside India, User is responsible for compliance with the laws of User's jurisdiction. Zwapall accepts no liability whatsoever, direct or indirect for non-compliance by the Zwapall or the Website with the laws of any country other than that of India.
Zwapall neither endorses the contents of any user communications nor assumes responsibility for any threatening, libellous, obscene, racist, harassing or offensive remarks, comments or material contained therein, any infringement of third party Intellectual property rights arising therefrom or any crime facilitated thereby. Zwapall does not monitor communications, messages or negotiations between the Users. The system is completely automated and does not require human supervision. Nevertheless, if Zwapall identifies any information which is patently false, inaccurate, misleading or otherwise not appropriate, it has the express right to remove said information from Zwapall without prior notice.
Zwapall has no responsibility or liability for the deletion or if Zwapall believes that the Registered User is abusing Zwapall in any way or if the Registered User intentionally furnishes information or makes claims knowing it to be false or deliberately fails to furnish verification proof to back its claims or fails to pay any fees/charges to Zwapall within the allotted time, Zwapall may, in their sole discretion and without limiting other remedies, limit, suspend, or terminate the user account(s) and access to their Services, delay or remove hosted content, remove any special status associated with the user’s account(s) and take technical and/or legal steps to prevent the User from using the Services. On such an action being taken by Zwapall, Zwapall shall also be entitled to retain the entire fees paid to it by the Registered User, towards damages.
Any waiver by a party of a breach of any condition/s in the Terms by the other party shall not be construed as a waiver of any subsequent breach of any conditions in the Terms.
LINKED THIRD PARTY WEBSITES
The User agrees that the Zwapall is not responsible for the accuracy, completeness or availability of information, content and materials found on other websites that link to or from the Website. Zwapall cannot ensure that the User will be satisfied with any services that the User purchases from a third-party / other websites that links to or from the Website or third-party information, content or materials contained on this Website (including, without limitation, User-Generated Content contained in the Website).
Zwapall does not endorse any of the service or merchandise, nor has taken any steps to confirm the accuracy, completeness or reliability of, any information, content or materials contained on this Website relating to the linked third party websites or on any other third-party Website. Zwapall does not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) the User might be requested to give to any third party. The User hereby irrevocably waives any claims against the Zwapall with respect to information, content and materials contained on the Website (including, without limitation, User-Generated Content), on third party other websites, and any information, content and materials Users provide to such third party other websites (including, without limitation, credit card and other personal information). The Zwapall strongly encourages the Users to make whatever investigation the User feels necessary or appropriate before proceeding with any online or offline transaction with any third party. Under no circumstances will Zwapall be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the service availed through linked third-party Websites whether or not Zwapall has been advised of the possibility of such damage.
MODIFICATIONS AND AMENDMENTS
Although it is not our aim to do so, Zwapall reserves the right to modify or discontinue Services with or without notice to user. Zwapall shall not be liable to user or any third party should Zwapall exercise its right to modify or discontinue the Service.
The Registered User acknowledges and agrees that Zwapall, may establish limits from time to time concerning access of zwapall website/mobile app, use of the Service, including among others, the maximum number of days that Content will be maintained or retained by the Service, the maximum number and size of postings, messages, notifications, email or other Content that may be transmitted or stored by the Service, and the frequency with which the Registered User may access the Service or the Website. Zwapall shall also be at liberty to implement or modify service charges for its various services.
Zwapall reserves the absolute discretion to modify the Website or to amend /supplement any of these Terms at any time. The above mentioned amendments / supplements shall automatically become binding on the User, as soon as the said amendment or supplement is made to the Terms and Conditions of use, and is published on the Website.
The duty of confidentiality and indemnification obligations will survive termination, modification or expiration of these Terms and your use of the Service and the Website.
FURTHER COMMUNICATIONS AND PROMOTIONS
The Registered User agrees and consents to receive Phone calls, SMS, WhatsApp/Telegram messages and Emails that Zwapall sends in connection with his account at Zwapall.
The Registered User agrees that Zwapall can use its best efforts to advertise, market and promote his/her offers and requirements on various platforms and social media in order to maximize the introductions he receives.
PERMISSIONS TO PUBLISH SUCCESSFUL DEALS
The Registered User grants permission to Zwapall to publish testimonials, the successful deal closure on its website upon intimating the transaction closure date to it and the publication may be done for any purposes of trade, advertising, publicity or promotion. The Registered User hereby releases Zwapall from liability resulting from or attributable to any of the actions authorized above.
The Website and the User's use of the Website and the provision of services by the Website are governed solely by Indian laws, without regard to its conflict of law principles. This Website is deemed to be based and managed in Ernakulam, Kerala, India and any posting of Contents is deemed to have occurred in Ernakulam, Kerala, India. The User hereby consents to submit to the exclusive jurisdiction and venue of courts in Ernakulam, Kerala, India, to the exclusion of all other courts that may otherwise have had such jurisdiction in all matters, liability and disputes arising out of or relating to the use of this Website, any Contents and the provision of service by the Website.
If use of this Website is unauthorized and prohibited in any jurisdiction that does not give effect to all provisions of the Terms including without limitation, this paragraph survives.
If any terms, condition, clause or provision of the Terms becomes invalid or be so judged, the remaining terms, conditions, clauses and provisions shall be deemed severable and shall remain in full force.
In the event you come across any violation by another user including but not limited to having content in the web site that is obscene, menacing, grossly offensive, harming minors, infringing copyright, patents, etc., or another user is impersonating etc. you may then please be free to provide your concerns in writing or email us to:
The Grievance Officer,
M/s. Zwapall Innovations Pvt. Ltd.,
Cochin- 682032, Kerala, India
The Grievance officer shall be available between 9.30 am till 5.30 pm Indian Standard Time from Monday to Saturday except Sunday and public holidays in India. Any and all complaints to the Grievance Officer shall be in writing.
The Complainant shall be required to provide a comprehensive statement of complaint, containing the full details of the action complained about, any documentary evidence of the same and the contact details.
Zwapall does not routinely monitor your postings to the web site but reserves the right to do so. However, if Zwapall Innovations Pvt. Ltd. becomes aware of an inappropriate use of Zwapall website or any of its Services, Zwapall will respond in any way that, in its sole discretion, Zwapall deems appropriate. You acknowledge that Zwapall will have the right to report to law enforcement authorities any actions that may be considered illegal, as well as any information it receives of such illegal conduct. When requested, Zwapall will co-operate fully with law enforcement agencies in any investigation of alleged illegal activity on the Internet.
Notwithstanding the above the Registered User acknowledges and agrees and hold that the Zwapall based on its judgement and perception believes that the User has violated or acted inconsistently with the letter or spirit of these Terms may, without notice in its sole discretion, and at any time, to block / delete / suspend the profile of the User which might be offensive, illegal or that might violate the Terms and Condition, communicate in abusive and / or inappropriate manner, harm or threaten the safety of our office bearers/employees and/or other registered users, and also has the discretion to refuse and/or suspend or/and terminate and/or delete and/or amend any artwork, video, images, ads, materials and/or information and/or content of any data and/or information and/or posting so as, in the sole opinion of the Zwapall, to comply with the prevailing legal framework and/or moral obligations as placed on Zwapall and in order to avoid infringing any third party's rights and/or any other rules and/or standards and/or codes of practices that may be applicable to the posting or Zwapall.com and/or the internet.
Zwapall reserves the right to decide the index order in which listings are displayed on the website/Mobile App.
The operation of the Website may be interfered with by numerous factors outside of the Zwapall's control although we have taken all necessary precautions possible. The Zwapall shall not be liable for any default in the Website operation, caused by circumstances beyond its control including but not restricted to acts of God, acts of the public, enemy, decrees or restraints by governmental authorities, internet, telecommunication, computer or utilities failure including failures caused by
• acts which impose unreasonably or disproportionately large loads on infrastructure or facilities such as "flooding", "mail bombing" or "crashing" of the Website; or
• any virus, time bombs or other computer programming routines that may damage, detrimentally interfere with, intercept or expropriate any system, data or personal information, strikes, war, riots, insurrections, civil commotion and other causes of such nature. In any such event, Zwapall shall for the duration of such event be relieved of any such obligation under this Agreement as is affected by the said event. Zwapall may schedule downtime on the Website for maintenance purposes and suspend any service by posting a notice of such downtime on the Website or such other manner as it deems fit. If there is any unscheduled downtime in the Website during which no User can access any service, Zwapall shall use all reasonable endeavours to promptly restore the Website to its proper operating condition and notify the Users as soon as reasonably practicable after the Website is available for use again. The foregoing states the Zwapall's entire liability for any loss caused by downtime in the Website.
In the event you come across any concerns in our service, then please be free to contact us:
Email ID : email@example.com
Contact No: +91-9207099990
Address : M/s. Zwapall Innovations Pvt. Ltd,
D.No. 44/2961, Thammanam P.O.,