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”).
- Under the Website and the App you can find the following information:-
- Registration process for the Event
- Schedule and activities of the Event; and
- information of such non-governmental organizations through whom funds can be raised for COVID-19 Relief.
Definitions and Interpretation
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.
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.
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.
- As part of the Event certain Contests are also proposed to be held on the Website and/or the App.
- ZebPay may, at its sole and absolute discretion:
- Restrict, suspend, or terminate any User’s access to all or any part of the Website and/or the App;
- Change, suspend, or discontinue all or any part of the Website and/or the App;
- Reject, move, or remove any material that may be submitted by a User;
- Modify or remove any content that is available on the Website and/or the App;
- Deactivate or delete a User’s account and all related information and files on the Website and/or the App;
- Establish general practices and limits concerning use of the Website and/or the App .
- 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.
- 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:
- comply with legal process;
- respond to claims of a violation of the rights of third-parties;
- respond to Your requests for customer service; or
- 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:
- To engage in any obscene, offensive, indecent, racial, communal, anti-national, objectionable, defamatory or abusive action or communication;
- To harass, stalk, threaten, or otherwise violate any legal rights of other individuals or Users;
- To publish, post, upload, e-mail, distribute, or disseminate (collectively, “Transmit“) any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful content;
- 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;
- To impersonate any person or entity.
- 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.
- THE LADIES HAVE IT:
- There is no entry fee for this contest.
- 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.
- 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.
- 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.
- 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).
- 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.
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:
- unlawful activity;
- intellectual property infringement; or
- defamation or abuse.
- 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:
- 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;
- 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;
- Colluding with any other User(s) or engaging in any type of syndicate play;
- 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
- 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:
- will not share his/her login or password/PIN details with any third party
- 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;
- will strictly observe the security, authentication, mechanisms and/or procedures of the Website and/or the App; and
- 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:
- 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.
- using a device, software or subroutine to interfere with the Website and/or the App;
- 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:
- restricting the User from entering the Event;
- deactivating the User account;
- reporting the incident to authorities;
- publishing the alleged violations and actions that have been taken;
- 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.
- 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
- 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.
- 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
- Limitation of loss
- 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;
- 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;
- 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;
- 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;
- 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:-
- if the User is subject to a governmental proceeding, criminal investigation or other pending litigation;
- if ZebPay detects unusual activity in the User account;
- if ZebPay detects unauthorized access to the User account;
- if ZebPay is required to do so by a court order or command by a regulatory/government authority or any other Competent Authority;
- in the event of a suspected criminal event, including but not limited to money laundering, terrorist financing, and fraud;
- 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;
- 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;
- 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.
- ZebPay relies on the following legal basis to process and use the User’s personal information:
- 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
- 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.
If the User has any complaints, feedback or questions, ZebPay may be contacted via [email protected] 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.
- A notice given under this clause will be deemed to be received:
- if hand delivered, at the time of delivery;
- if sent by prepaid post, three Business Days after the date of posting;
- 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.
No warranty or representation
Governing law and jurisdiction
- 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:
- the ZebPay(s) will meet Users’ requirements,
- ZebPay(s) will be uninterrupted, timely, secure, or error free
- 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.