TERMS AND CONDITIONS

Welcome to EZappz ("Portal"). EZappz is an internet based portal and an application owned and operated by M/s Homeland Technologies LLP (hereinafter referred to as the Company), a Limited Liability Partnership registered under the Limited Liability Partnership Act, 2008 [as per Section 23(4) of the Act] having its registered office at 12/18, 4th Street, Shastri Nagar, Adyar, Chennai – 600 020, Tamil Nadu.

 

Our Privacy Policy provides the manner your data is collected and used by us. As a visitor / Customer to our Portal you are advised to please read the Privacy Policy carefully. By accessing the services provided by our Portal you agree to the collection and use of your data by us in the manner provided in this Privacy Policy. By using EZappz Portal you agree to be bound by the Terms and Conditions. Except where additional terms and conditions are provided which are product / service specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted.

 

1. Products/Services

EZappz partners with various retailers / Vendors and Service providers to cater to the user’s product / service requirement. We are a third party networking platform linking consumers with quality Vendors and Service providers.

 

All products /services and information displayed on EZappz constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions as listed below. EZappz reserves the right to accept or reject your offer. If you have supplied us with your valid email address, we will notify you by email to confirm receipt of your order. Our acceptance of your order will take place upon dispatch of the product(s) ordered.

 

2. Eligibility

Services of the Portal would be available to only select geographies in India. Use of the Portal is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Portal. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Portal only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.

 

EZappz reserves the right to terminate your membership and refuse to provide you with access to the Portal if we discover that you are under the age of 18 years. The Portal is not available to persons whose membership has been suspended or terminated by EZappz for any reason whatsoever. If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement. Unless otherwise specified, the materials on this Portal are directed solely at those who access this Portal from India. EZappz’s serves to deliver only within India and will not be liable for any claims relating to any products ordered / services sought from outside India.

 

3. User Account, Password and Security

All buyers/users have to register and login for placing orders on the Portal. You have to keep your account and registration details current and correct for communications related to your orders from the Portal. Customer/User will need to use a password to make transactions upon completing the Portal registration process. Customer/User will be responsible for maintaining the confidentiality of the password and the account, and are fully responsible for all activities that occur under their password or account. If you know or suspect that someone else knows your password you should notify us by contacting us immediately through the address provided below. If EZappz has reason to believe that there is likely to be a breach of security or misuse of the Portal, we may require you to change your password or we may suspend your account without any liability to EZappz. EZappz cannot and will not be liable for any loss or damage arising from their failure to comply with this Section. We will protect all information you provide in accordance with our Privacy Policy. You are responsible for maintaining the confidentiality of Your Account and Password and for restricting access to the Portal, and you agree to accept responsibility for all activities that occur under Your Account or Password. EZappz shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account.

 

By agreeing to the terms and conditions, the Customer/User agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing in "My Account" or by contacting the customer service.

 

4. Separate Agreements for Vendors using our Portal

This Portal User Agreement applies to all users of our Portal and all users of any service provided through our Portal. However, separate contracts govern the relationship between the Company and Vendors who display their services on our portal. The terms of this portal User Agreement are not applicable to (and do not amend or modify) the relationship between us and such Vendors as set forth in such separate contracts. If customer/user wants to be a Vendor who wants to display their services on our portal, please contact us for more information.

 

5. Information Provided by Vendors and Service Providers

The information that customer/user receive on our portal in response to a search is information that we have received from our Vendors and Service providers. EZappz is a neutral 3rd party networking platform enabling connections between buyers and Vendors and between service seekers and service providers. Although EZappz does perform background checks of Vendors / service providers, we do not assume any responsibility for the quality of products or services and accuracy or reliability of any information on the products / Services.

 

6. Pricing Information

All services listed on the EZappz for products and services reflect the price charged by its Vendors or Service Providers at the time of listing. The prices mentioned at the time of ordering may change on the date of the delivery. Although prices of most of the services do not fluctuate on a daily basis but some of the prices of services do change. In case the prices are higher or lower on the date of service, additional charges will be collected or refunded as the case may be at the time of the completion of service in relation to the order.

 

Prices and availability of Vendors/Service Providers are subject to change without notice. The total price for services including all other charges, taxes, costs, if any, will be quoted by the service provider to you when the service is attended to. For orders that require an inspection or visit, the final cost towards the service will be confirmed after the inspection/visit and before commencement of the service.

 

Unless the service ordered by you has been accepted as between the service provider and the Customer/User, your offer will not be deemed accepted. In any event EZappz is only a facilitating Party in the entire mechanism and shall not be governed by the terms of the contract as between the User/Customer and the Service Provider.. The payment is also to be directly made to the Service Provider and EZ Serv shall not be paid in any manner and consequently Ez Serv shall not be liable for any dispute as between the Service Provider and the Customer/User.

 

7. Payment Options

Payments will have to be made by Cash directly to the Service Provider if the quote for the services to be rendered by the Service Provider are acceptable to the Customer/User.

 

8. Cancellations

 

a. Cancellations by EZappz

Please note that there may be certain orders that we are unable to accept and must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled include limitations on service providers or problems identified by us. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the Portal, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your payment is received by us, the said amount will be refunded back to you.

 

b. Cancellation requests by the Customer

In case we receive a request for cancellation and the order has not been processed/approved by us, we shall cancel the order. We will not be able to cancel orders that have already been processed and where the Service Provider has visited the premises of the Customer/User. EZappz has the full right to decide whether an order has been processed or not. The customer agrees not to dispute the decision made by EZappz and accept EZappz's decision regarding the cancellation. Further once the Service Provider is identified and the Customer/User is in direct contact with the Service Provider, the terms and conditions of Service shall be based on what the two parties agree upon and shall not bind EZ Serv in any manner.

 

9. Service Seeker / User understands and agrees to the following:

 

10. You may not use the Portal for any of the following purposes:

 

10. Allotment

 

Subject to the terms and conditions herein, EZappz shall endeavour to render service within stipulated time slot as selected by the User provided on the Portal, subject to the terms and conditions and availability of Service Providers. However, User understands and confirms that EZappz shall not be held responsible for any delay.

 

11. Third party content and links to third party sites

EZappz may allow user(s) access to content, products or services offered by Third Parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such third party's website or application. You are cautioned to read the terms of access of such Third Party websites' and/or privacy policies before using such third party websites. You acknowledge that EZappz has no control over such Third Party's website or applications, does not monitor such websites or applications, and EZappz shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a website.

 

EZappz does not represent or endorse the accuracy or reliability of any information, or advertisements from third parties (collectively, the "Third Party Content") if such Third Party Content is contained on, distributed through, or linked, downloaded or accessed from any of the Services contained on the App, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the Service.

 

12. Reviews, Feedback, Submissions

All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered to the Portal on or by this Portal or otherwise disclosed, submitted or offered in connection with your use of this Portal (collectively, the "Comments") shall be and remain the property of EZappz. Such disclosure, submission or offer of any Comments shall constitute an assignment to EZappz of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, EZappz owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. EZappz will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. EZappz is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Portal will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Portal will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".

 

EZappz does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Portal. You grant EZappz the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify EZappz and its affiliates for all claims resulting from any Comments you submit. EZappz and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

 

13. Intellectual Property

 

14. Objectionable Material

You understand that by using this Portal or any services provided on the Portal, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Portal and any service at your sole risk and that to the fullest extent permitted under applicable law, EZappz and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

 

15. Indemnity

Customer/User agree to indemnify, defend and hold harmless Homeland Technologies LLP, from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Company that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

 

16. Termination

This User Agreement is effective unless and until terminated by either you or EZappz. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Portal. EZappz may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Portal, Such termination will be without any liability to the Company. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Portal or affect any liability that may have arisen under the User Agreement.

 

17. Limitation of Liability and Disclaimers

EZappz partners with various Retailers / Vendors and Service Providers to cater to the user’s service requirements. EZappz is only a third party networking platform linking consumers with various Vendors / Service providers. Neither EZappz nor its affiliates are responsible for any damage, misconduct, misbehaviour caused by any Service Provider. EZappz and its affiliates and licensors will not be liable for any claim, injury or damage arising in connection with your use of the service. The Portal is provided without any warranties or guarantees and in an "As Is" condition. You must bear the risks associated with the use of the Portal. The Portal provides content from other Internet Portals or resources and while EZappz tries to ensure that material included on the Portal is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. EZappz will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Portal. This disclaimer does not apply to any product warranty offered by the manufacturer of the product as specified in the product specifications. This disclaimer constitutes an essential part of this User Agreement.

 

To the fullest extent permitted under applicable law, EZappz or its suppliers shall not be liable for any indirect, incidental, special, incidental, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Portal, its services or this User Agreement.

EZappz, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, currentness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Portal or that the operation of the Portal will be error free and/or uninterrupted. Consequently, EZappz assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Portal; and/or any interruption or errors in the operation of the Portal.

 

18. Portal Security

You are prohibited from violating or attempting to violate the security of the Portal, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any other user, host or network, including, without limitation, via means of submitting a virus to the Portal, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. EZappz will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Portal or any activity being conducted on this Portal. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Portal other than the search engine and search agents available from EZappz on this Portal and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

 

19. Modification of Terms & Conditions

EZappz may at any time modify the Terms & Conditions of Use of the Portal without any prior notification to you. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using our service. However, if you continue to use our service, you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Portal.

 

20. Governing Law and Jurisdiction

This User Agreement shall be construed in accordance with the applicable laws of India, without regard to the principles of conflict of laws thereof. The Courts at Chennai shall have exclusive jurisdiction in any proceedings arising out of this agreement.

 

21. Entire Agreement

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and EZappz with respect to the EZappz Portals/services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and EZappz with respect to the EZappz Portals/services. EZappz 's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches.

 

Grievance Officer

In accordance with Information Technology Act, 2000 and rules made thereunder, the name and contact details of the Grievance Officer is published herewith:

Name: Homeland Technologies LLP

Email id: corpsite_mailer@ezappz.in