Zrika

The Terms of Service ("Terms"), read together with the Other Agreements (defined below), constitute an enforceable, binding agreement between NEXNEBULA TECHNOLOGIES PRIVATE LIMITED, a private limited company incorporated under the Companies Act, 2013, with its registered office at 14th Floor, 1407/1408 Cyberone Sec30A, Plot no.4&6, Vashi, Navi-Mumbai 400703. (Zrika”, “we”, “us”, or “our”) and you (“Partner”, “you” or “your”). It is also referred to as "Party" or "Parties" by Zrika and the Partner.

"Console", "Website", web interfaces, APIs, documentation, software, and all other services provided by Zrika (collectively "Services") are subject to these Terms. Using the Console, Website, and Services is subject to these Terms, the Privacy Policy, and the provisions of any product-specific agreements, technical specifications, forms, letters, and schedules and annexures (“Other Agreements”) you may execute with Zrika. These Terms do not alter or modify the terms and conditions of Other Agreements you execute with Zrika.

By accepting these Terms, you acknowledge that you have read and understood them. From time to time, Zrika may update these Terms. If any such modifications are posted on the Console or Website, they shall become effective immediately. All such modifications will be communicated to your registered email address by Zrika.

As soon as you accept these Terms, they will become effective.

DEFINITIONs

In accordance with these Terms:

All applicable legislation in India, including laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives and orders of government authorities, shall be considered applicable law. Also included in this document are all guidelines, regulations, circulars, and directions issued by the Reserve Bank of India (RBI)/National Payment Corporation of India (NPCI)/Securities Exchange Board of India (SEBI)/other relevant regulators,
The term "Force Majeure Event" applies to any event, including but not limited to an act of God, fire, epidemic, natural calamity; riots, civil unrest, terrorism, war, strikes or lockouts; expropriation or another governmental action; changes in Applicable Laws or Regulations beyond the control of any Party that restrict or prohibit its performance of its obligations,
As the term "Governmental Authority" is used, it refers to the President of India, the Indian government, the Governor, as well as any state government, as well as any ministries or departments of the same, local or municipal governments, any government authority or private body exercising power conferred by applicable law, including stock exchanges, SEBI, RBI, NPCI and other regulatory bodies,
“Intellectual Property” includes all patents, trademarks, permits, service marks, brands, trade names, trade secrets, proprietary information, technology, computer programs, databases, copyrights, licenses, franchises, formulae, designs, and other confidential information.

REGISTRATION TERMS

By registering on Zrika, you agree to provide true, accurate, and complete information. You are also responsible for all actions taken using your registered account.

Services will be provided if:

Agreements, Terms, and Laws,
Acceptance of (Acceptable Use),
Knowing your customer (KYC), combating money laundering (AML), and combating terrorism financing (CFT),
You agree to pay the service charges to Zrika.

SERVICES

Zrika agrees to provide all services as may be agreed to be utilized by the Partner under the Other Agreements. Without prior notice, Zrika may modify the nature and scope of Services provided to you.

ONBOARDING OF PARTNERS

https://Zrika.com testing environment ("Sandbox") may require you to on-board before you can go live, which usually involves the following steps:

After creating your account and registering,
We will provide you with a development app key,
Contract completion for Zrika,
Zrika API integration,
Sandbox testing.

In order to go live, you will need to complete the following steps:

Received certification,
Once the production app key has been certified, we will provide it to you,
Verification by the business and legal teams of Zrika and by the payment partners if applicable,
Registration with any relevant Zrika registries, and live launch on the (Website name) platform (“Go-Live ”).

Moreover, you agree that the service levels, settlement cycles, and dispute resolution provisions of the product-specific agreements and Other Agreements will only apply after you go live, and you will not be able to use and access the Sandbox under those provisions.

WARRANTIES AND REPRESENTATIONS

Each Party hereby represents and warrants to the other that:

A legal entity duly organized and validly existing under the laws of India has full power and authority to agree and comply with these Terms; and,
Neither these Terms nor any other agreement, instrument, or understanding bind it.

DUTIES OF PARTNERS

You shall conduct all transactions through the Services in accordance with the Applicable Law, and shall only transact for products and services that do not violate the Applicable Law. The Applicable Laws in your country are also your sole responsibility.

If you use the Console, Website, or Services, you agree not to (a) reverse engineer them, (b) use, or access, the Console, Website, or Services to create a substitute or a similar service, or (c) use the Services in a way that violates or violates the (Acceptable Use).

You authorize Zrika to hold, receive, transfer, and settle funds on your behalf as part of the Other Agreements. This authorization shall allow (Website name) to (a) generate electronic funds transfers between payment services or networks, and an escrow account where such funds shall be processed, and (b) transfer payments received in such a manner to a bank account you designated when you registered with Zrika.

Any suspected breach of these Terms and under the Other Agreements shall be promptly investigated by Zrika.

You agree that, provided that Zrika performs its obligations under these Terms as well as any other agreement, Zrika will not be held liable for any delay, loss, cost, damage, claim, or action suffered or incurred by the Partner due to (a) downtime of the Services caused by a cause beyond (Website name's reasonable control), or (b) any delay or failure of any Service resulting from a cause outside of (Zrika's reasonable control).

ACCEPTABLE USE

This Agreement prohibits you from using the Services to conduct transactions in relation to any activity that is prohibited or restricted under Applicable Law, including but not limited to:

Narcotic drugs, steroids, natural or synthetic drugs, and all drugs in the Narcotic Drugs and Psychotropic Substances Act, 1985, as amended,
Materials, goods, and services that are obscene or suggestive of sexual violence, such as pornography, pornographic materials involving minors, escort and prostitution services,
Remains or parts of animals, including humans,
Contraband, unauthorized goods, media, or software, as well as intellectual property violations,
Any toxic, poisonous, radioactive, or hazardous material, firearms, or biological, chemical, or nuclear weapons,
Cryptocurrencies or virtual currencies,
Devices that intentionally block, jam or interfere with authorized radio, web, or telecommunications, such as descramblers, bank card readers, skimmers, etc,
Instructions or manuals allowing illegal entry to protected property,
Materials that encourage or incite violent acts or that promote hatred or intolerance based on race, caste, ethnicity, religion, sex, or another factor.

It is further agreed that you will not use the Console, Website or Services to host, display, upload, modify, publish, transmit, update or share any information that contains:

Belongs to someone else or over which you have no authority,
The content of this document is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasion of privacy, hateful, racially, ethnically objectionable, disparaging, or related to or encouraging money laundering, gambling, or any other unlawful activity,
Harms minors,
Violates patents, trademarks, copyrights, or other proprietary rights,
Breaks any law in effect at the time,
Misleads about the origin of such information, or is grossly offensive or menacing,
Falsifies a person's identity,
Impairs, destroys, or limits the functionality of any digital system or computer resource, including software viruses,
Is inciting to commit any cognisable offence or prevents the investigation of any offence, insults foreign nations, or threatens India's unity, integrity, defence, security, or sovereignty.

If Zrika believes that you engage in transactions that violate Applicable Law or Zrika's internal policies, it reserves the right to terminate Services.

CONFIDENTIALITY

During the performance of their obligations under these Terms, the Parties agree that all information obtained, developed, created, or disclosed, including all documents, data, sensitive personal information, papers, statements, and trade secrets of the other Party, will be treated as confidential and proprietary information ("Confidential Information"). Information relating to a party's business practices and competitive position that the parties receive in connection with performing their obligations under these Terms shall be considered confidential and proprietary information.

Taking all necessary steps to protect Confidential Information must be taken. A breach or threatened breach of this provision may give rise to injunctive or equitable relief without waiving any rights or remedies.

If you terminate these Terms and Other Agreements and delete your account, your obligations regarding Confidential Information will survive.

Information that is in or enters the public domain shall not be considered Confidential Information, (b) is known to the receiving Party at the time of first receipt, or thereafter becomes known to it without similar restrictions before such disclosure from a source other than the disclosing Party, as demonstrated by written records, or (c) is disclosed in accordance with any Applicable Law or order of a court or regulatory authority that has jurisdiction over the receiving Party.

THIRD-PARTY SERVICES

There may be links to other websites on the Console, Website, and Services. If you access these links, you will be subject to the terms of use, privacy policies, and other policies of the third parties.

FORCE MAJEURE

If a Force Majeure event prevents or delays performance, the Parties will not be liable for failure to perform any obligation under these Terms.

GOVERNING LAW

In accordance with the laws of India, these Terms shall be governed and construed, and the Parties irrevocably submit to the exclusive jurisdiction of the Indian courts.

ARBITRATION

The parties shall attempt to resolve disputes amicably before referring them to arbitration by a sole arbitrator appointed by mutual agreement if any arise between them in connection with these Terms and the Other Agreements. According to the Arbitration and Conciliation Act, 1996, the arbitration will be conducted. Courts in India will have exclusive jurisdiction over the proceedings.

NOTICES

If you wish to communicate with Zrika regarding the Terms and the Services, report any complaints by customers, or report any instances of intellectual property violation or breach of these Terms, you must do so in writing at the address below, or as otherwise communicated from time to time.

(NEXNEBULA TECHNOLOGIES PRIVATE LIMITED) Zrika
Address	14th Floor, 1407/1408 Cyberone Sec30A, Plot no.4&6, Vashi, Navi-Mumbai 400703
Email ID	[email protected]

We will communicate with you regarding these Terms and the Services using the registered phone number and email address associated with your account, or as otherwise communicated by you.

LIMITATION OF LIABILITY

To the extent permitted by Applicable Law, Zrika is not liable under these Terms for losses, goodwill, interruptions of service, computer damage, system failure or substitute services, or for indirect, special, incidental, consequential, exemplary, or punitive damages, losses or expenses as a result of using the Console, Website or Services.

DISCLAIMER OF WARRANTIES

All console, website, and services are provided "AS IS" without any warranties, either express or implied. With respect to the Console, Website and Services, we disclaim all warranties, express or implied, to the fullest extent permitted by law.

PRIVACY POLICY

We collect information about you on our websiteZrika. Your data will be processed according to the Privacy Policy of Zrika if you agree to these Terms and use the Services.

MISCELLANEOUS

Any illegality, invalidity, or un-enforceability of any of these Terms will not affect the legality, validity, or enforceability of the other provisions hereof.