USER AGREEMENT


Welcome to our website www.fizz.in. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern M/s FIZZ e-Ventures Private Ltd (Owner of FIZZ App) relationship with you in relation to this website and the Service (as described below)

The term 'FIZZ' or 'us' or 'we' refers to the owner of the website whose registered office is located at No.20 Mylai Ranganathan Street, T.Nagar, Chennai-600102, India. Our FIZZ e-Ventures Private Ltd registration number is U74120TN2015PTC099978, registered at Chennai.

Our Product and Service:

  1. Payment Gateway Transaction: FIZZ Apps are available online to be downloaded by Customers who could pay through a secured payment gateway. The Customer is required to produce the FIZZ App to avail the following options:
    i) On-the-go: The Merchant shall update the transaction immediately by providing the Discounted or Undiscounted Bill amount, which will be manually entered by the Customer in their respective device. This information will be automatically updated to the Merchant’s transaction account. The Merchant is also required to enter a predetermined 4-digit PIN that authorizes the payment.
    ii) Pre-Purchase: In this case the Customer can pre-purchase a Coupon and/or a Voucher and use the code generated to avail the Merchant Offering. The Merchant has to enter the code on their Merchant App to check the validity before proceeding.
  2. Cash Transaction: Customers as an added benefit are also eligible to make payment by cash after producing the FIZZ App.
    i)On-the-goThe Merchant shall update the transaction immediately by providing the Discounted or Undiscounted Bill amount, which will be manually entered by the Customer in their respective device. This information will be automatically updated to the Merchant’s transaction account. The Merchant is also required to enter a pre-determined 4-digit PIN that authorizes the payment.
  3. Transactions in case of FIZZ money: Customers are eligible to make payments using FIZZ Money, which is accrued through cashbacks, Pre-Loaded credit or any other means received after successful transactions with certain merchants. The customer is required to produce the FIZZ app.
    i)On-the-go: The Merchant shall update the transaction immediately by providing the Discounted or Undiscounted Bill amount, which will be manually entered by the Customer in their respective device. This information will be automatically updated to the Merchant’s transaction account. The Merchant is also required to enter a predetermined 4-digit PIN that authorizes the payment.
    ii)Pre-Purchase: In this case the Customer can pre-purchase a Coupon and/or a Voucher using FIZZ Money and use the code generated to avail the Merchant Offering. The Merchant has to enter the code on their Merchant App to check the validity before proceeding.
  4. Offers: FIZZ may make available Offers that are available from time to time to each Customer who presents the FIZZ App. The details of the Offer may include the discounts, offers, coupons, vouchers, loyalty stamps, promotions, freebies, extras on products, complimentary products or services and/or buy one get one free or any other offers as may be offered by FIZZ from time to time. The percentage of discount will be a percentage as fixed between the Merchant and FIZZ and the Vendor. For these above Offers, the Customer may produce the App, which will provide details as to whether such customer is eligible for the Offers. FIZZ may at its sole discretion reject any Offers and/or remove Merchant from participation in the Offer for any reason.
AGREEMENT:This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the web site for any purpose. It also applies to any legal entity that may be represented by you under actual or apparent authority. User(s) may use this site solely for their own personal or internal purposes. This agreement applies to all FIZZ Offers offered on the web site, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.

Definition:

“App or Application”shall mean the FIZZ application in the mobile device that carries the FIZZ logo.
“Customer” shall be students and other users who are entitled to Offers under the FIZZ App.
"Customer Data" means all identifiable information about Customers generated or collected by FIZZ or Merchant, including, but not limited to, Customers' name, shipping addresses, email addresses, phone numbers, Customer preferences and tendencies, and financial transaction data.
"Feature Period" means the period during which the Offer for the Merchant Offering are available for purchase.
“Merchant” means the offeror of services/goods to the Customer.
“Merchant App” means the application (mobile & web) that is available for each Merchant, which keeps track of each FIZZ transaction made at the Merchant’s location.
“Merchant Offering” means the goods and/or services to be provided by the Merchant at a price as determined by Merchant on which the FIZZ Offer would apply.
“Offer” means any fixed or variable offers available to each of FIZZ’s Customers including but not limited to the discounts, offers, coupons, vouchers, loyalty stamps, promotions, freebies, extras on products and/or services as offered by a Vendor to FIZZ. The Offer shall also include the Pre-Loaded Credit.
“Offer Limit” shall mean the limits to which the Offer is available including time limit, cash limit or percentage limits that are available to each Customer at that point of time.
“Voucher (or) Coupon” shall mean the Offer presented to the Customer that can be Pre-purchased for a full price (or) a token price on the FIZZ App. It can be used to avail the Merchant Offering in full without any additional payment (or) after the balance payment is made to the Merchant respectively.
“Discounted Bill” means the final receipt presented to the customer which will display an amount which has already been discounted and is the final amount which is payable by the Customer.
“Undiscounted Bill” means the final receipt presented to the customer which will display an amount that is not yet discounted and the amount payable is subject to a discount offered by Merchant and initiated by the Customer.
“Transaction PIN” means a predetermined 4-digit PIN code that is set by the merchant to authorize and validate all methods of online and offline/cash payments.
“FIZZ Money” means any credit that is loaded onto the user’s account via cashbacks, Pre-Loaded credit or any other means that may be used by the Customer to make purchases and payments.
“Fine Print” means the conditions, terms and restrictions concerning the FIZZ App and Merchant Terms stated in the App.
“FIZZ” is the name of the app, which is being operated and managed by M/s FIZZ e-Ventures Pvt. Ltd
“Vendor” is the Manufacturer, Dealer, Agent or such other third party who is the manufacturer, dealer or provider of goods, products or services who makes Offers available to FIZZ.

General Terms and Conditions:

  1. You agree and acknowledge that certain FIZZ Offers are available only to students who have provided a valid student ID to FIZZ which can be uploaded into FIZZ’s database. At the end of the time period of eligibility, the extra features and benefits may be discontinued unless proof of being a student with any other education institution is provided to FIZZ. These offers may be suspended at anytime at the sole option of FIZZ.
  2. You promise and acknowledge that you will disclose the real and truthful information to FIZZ and will provide authentic Identification to FIZZ. FIZZ shall take best efforts to secure your id and personal details provided by you.
  3. It is within the discretion of FIZZ to accept your id card or reject membership.
  4. It is also within FIZZ’s discretion to make available the Offers that you are eligible for.
  5. You may need a valid age proof to enter the outlets of some partner brands such pubs, bars or clubs and should you be unable to produce proof, the merchant may refuse service to you.
  6. Offers cannot be encashed or transferred.
  7. Offers can be changed, removed, modified or withdrawn by the FIZZ at any time at their discretion without prior notice.
  8. You agree to not mis-use or violate the terms of this Agreement.
  9. Merchant reserves the right of admission.
  10. Not following the given terms can result in the termination of subscription.
  11. The offer/App should be disclosed or provided before placing the order.
  12. FIZZ is not responsible for redemption of the offer. Onus of redemption lies with the Vendor/Merchant.

Special Terms & Conditions:

  1. Acceptance of Terms and Conditions
    1. By using http:// www.fizz.in (the "Website/Application" or "FIZZ" in this document), you, the Customer ("you", "your", or the "User" in this document) unconditionally agree to the terms and conditions that we, M/s FIZZ e-Ventures Private Ltd, (“FIZZ e-Ventures”), “FIZZ", "we" or "us" or "our" in this document) have provided herein for use of this Website/Application. If you do not wish to agree to the outlined terms and conditions (the "Terms of Use" in this document) please refrain from using this Website/Application.
    2. Please read this agreement carefully. By browsing, accessing or using this Website/Application or by using any facilities or services made available through or on it, you are agreeing to the Terms of Use that appear below (all of which are called the "Agreement"). This Agreement is made between you and us.
    3. These Terms of Use will be updated periodically at FIZZ’s discretion and it is your responsibility to review the terms and conditions of the Offer. The Offers may be subject to separate rules or conditions that may be imposed by the Vendor or Merchant. The terms and conditions may be modified at any time. All amendments to these terms and conditions will be posted on-line. Such changes may include, among other things, the adding of certain fees or charges. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time so that you stay informed as to any such changes. If we make changes to our Terms of Use and Privacy Policy and you continue to use our Website/Application, you are implicitly agreeing to the amended Terms of Use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon posting thereof. Continued use of any of the services provided by FIZZ including the information services, content and transaction capabilities on the Website/Application, including the ability to make a claim (all of which are called the "Services" in this document) will be deemed to constitute acceptance of the new terms and conditions.
  2. General
    1. Use of the Service and the Website/Application and any claim are each subject to the Terms of Use set out in this Agreement.
    2. To use the website/Application and/or the Service (whether with or without registration) and to make any claim, you must be 18 years of age or over. If you are a student who is under the age of 18, you agree to discuss the terms of this App with your natural guardian and the use of the service is deemed to be a consent from your natural guardian.
    3. The Website/Application and the Service and any claim are directed solely at those who access the Website/Application from the Republic of India. FIZZ e-Venturesmakes no representation that Service (or any goods or services) are available or otherwise suitable for use outside the Republic of India. If you choose to access the Website/Application (or use the Service or make a claim) from locations outside the Republic of India, you do so on your own initiative and are responsible for the consequences thereof.
    4. FIZZ e-Ventures reserves the right to prevent you using the Website/Application and the Service (or any part of them) and to prevent you from making any claim.
    5. FIZZ is not responsible for any issues with the payment gateway or if any payment is inconclusive or if there are any drops in payments. The user may approach the Customer service if the credit has not been made within 1 week.
    6. FIZZ e-Ventures provides an interactive online service owned and operated by FIZZ through the Website/Application on the World Wide Web of the Internet (the "Web" or "Internet"), consisting of information services, content and transaction capabilities provided by FIZZ e-Ventures, its subsidiaries, partners, founders and/or its associates with whom it has business relationships ("Business Associates") including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website/Application ("Third Party Content Providers"), third parties that provide advertising services to FIZZ e-Ventures ("Third Party Advertisers") and third parties that perform function on behalf of FIZZ e-Ventures like sending out and distributing our administrative and promotional emails and text messages ("Third Party Service Providers").
    7. The right to use this Website/Application is personal to the User and is not transferable to any other person or entity. The User shall be responsible for protecting the confidentiality of User's password(s), if any. User understands and acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of FIZZ e-Ventures, and that FIZZ e-Ventures shall not be responsible for any data lost while transmitting information on the Internet.
    8. While it is the FIZZ e-Ventures’s objective to make the Website/Application accessible at all times, the Website/Application may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of FIZZ e-Ventures, access to the Website/Application may be interrupted, suspended or terminated from time to time. FIZZ e-Venturesreserves the right, in its sole discretion, to terminate the access to any or all of FIZZ e-Ventures’s websites/Application and the related services or any portion thereof at any time, without notice. FIZZ e-Venturesshall also have the right at any time to change or discontinue any aspect or feature of the Website/Application, including, but not limited to, content, graphics, deals, offers, settings, hours of availability and equipment needed for access or use. Further, FIZZ e-Ventures may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
  3. Equipment
    The User shall be responsible for obtaining and maintaining all mobile phones, instrument, telephone, computer hardware and other equipment needed for access to and use of this Website and all charges related thereto. FIZZ e-Ventures shall not be liable for any damages to the User's equipment resulting from the use of this Website.
  4. User Conduct
    1. This Website/Application and any individual websites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Website/Application (the "Mini-sites") are private property. All interactions on this Website/Application and/or the Mini-sites must comply with these Terms of Use
    2. The User undertakes not to use or permit anyone else to use the Service or Website/Application:
      1. To send or receive any information for which you have not obtained all necessary license and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
      2. To send or receive any material which is harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
      3. To intercept or attempt to intercept any communications transmitted by way of a telecommunication system; or
      4. For any fraudulent purposes.
      5. The User shall not post or transmit through this Website/Application and/or the Mini-Sites any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without FIZZ e-Ventures’ express prior, written approval, contains advertising or any solicitation with respect to products or Services.
      6. Any conduct by a User that in FIZZ e-Ventures‘s exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying this Website/Application and/or any of the Mini-Sites is strictly prohibited. The User shall not use this Website/Application and/or any of the Mini-Sites to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website/Application and/or the Mini-Sites to become users of other online or offline services directly or indirectly competitive or potentially competitive with FIZZ e-Ventures.
      7. The foregoing provisions of this Section 4 apply equally to and are for the benefit of FIZZ e-Ventures, its subsidiaries, partners, founders, Business Associates and Third Party Content Providers, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
  5. Standard Terms and Conditions
    The following shall constitute as 'Standard Terms and Conditions' for redeeming FIZZ Apps for purchasing goods and/or services:
    1. FIZZ e-Ventures shall not be responsible for the quality of products and/or services provided by the Merchant, and the same shall be the sole responsibility of the Merchant.
    2. FIZZ Apps are redeemable in their entirety only and may not be redeemed incrementally.
    3. FIZZ Apps can be redeemed only after due verification of the Customer including, without limitation, matching the unique identification number provided to the Customer at the time of claim of FIZZ Apps and a valid School/College ID.
    4. FIZZ Apps may be applied only to claim the merchandise sold by the Merchant, and may not be applied to shipping or handling charges.
    5. The issuing of credit is at the sole discretion of the Merchant.
    6. Neither FIZZ e-Ventures nor the Merchant is responsible for errors in the App or the reference number mentioned on it. FIZZ Apps cannot be combined with any other gift Apps, third party Apps, coupons, or promotions, unless otherwise specified by the Merchant.
    7. Reproduction, transfer, sale or trade of FIZZ Apps is strictly prohibited
    8. Any attempted redemption not consistent with these terms and conditions will render the FIZZ App void and invalid.
    9. The extra features and benefits on the FIZZ App will expire on the date specified on it or at the end of the student’s id validity.
    10. Merchants will have their own applicable terms and conditions, in relation to their own supply of their goods and services, and you agree to (and shall) abide by those terms and conditions. The responsibility to do so is yours alone.
  6. Claim and Sale of Products and/or Services
    1. FIZZ e-Ventures takes no responsibility for the services and/or products for which FIZZ Apps may be redeemed. Further, FIZZ e-Ventures makes no warranty to the Users for the quality, safety, usability, or other aspect of the product or service for which the FIZZ App may be redeemed.
    2. Some services for which FIZZ App(s) can be redeemed are activities that involve potential bodily harm (such as different forms of adventure sports and activities.), and for those activities FIZZ e-Venturestakes no responsibility for the service or activity being offered, and the User takes responsibility for his or her own actions in utilizing the services for which the FIZZ App can be redeemed.
    3. FIZZ Apps does not guarantee any service or deals from the Merchant/Vendor and does not warrant to the quality of the products or services offered by the Merchant/Vendor.
    4. The Merchant/Vendor may withdraw the Offer or the product or service at any time at their discretion and FIZZ shall not in any manner responsible for any issues with the product, service or deal.
  7. Cancellation/Refund Policy
    1. Users have an option to cancel and claim the Pre-Purchased Voucher (or) Coupon under the following conditions:
      1. If the User has bought a Voucher, then any cancellation will result in full refund of the Purchased amount as FIZZ Money.
      2. Coupons are not eligible for any cancellation or refund.
      3. If a reservation/booking has been made, subject to Merchants cancellation policy, a refund maybe initiated to the User.
      4. For FIZZ to process all cancellations/refunds the Users have to send in their request to [email protected] from their registered mail ids alongside with the Voucher details.
    2. All claims eligible for a refund will be processed within 48 working hours.
    3. For any queries regarding FIZZ’s cancellation/refund policy, please write to us at [email protected]
  8. Intellectual Property Rights
    1. All intellectual property rights (including all copyright, patents, trade marks, service marks, trade names, designs (including the “look and feel” and other visual or non-literal elements)) whether registered or unregistered) in the Website/Application and Service, (subject to Clause 9.4) information content on the Website/Application or accessed as part of the Service, any database operated by us and all the Website/Application design, text and graphics, software, photos, video, music, sound, and their selection and arrangement, and all software compilations, underlying source code and software (including applets and scripts) shall remain our property (or that of our licensors). You shall not, and shall not attempt to, obtain any title to any such intellectual property. All rights are reserved.
    2. None of the material listed in Clause 9.1 may be reproduced or redistributed or copied, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, sold, rented or sub-licensed, used to create derivative works, or in any way exploited without our prior express written permission. You may, however, retrieve and display the content of the Website/Application on a computer screen, store such content in electronic form on disk (but not on any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website/Application without our permission.
    3. FIZZ e-Ventures(or our licensors)owns all rights (including goodwill and, where relevant, trade marks). Other product and FIZZ e-Ventures names mentioned on the Website/Application are the trademarks or registered trademarks of their respective owners.
      1. Title, ownership rights and intellectual property rights in and to the content accessed using the Service is the property of the applicable content owner or Merchant and may be protected by applicable copyright or other law. The Agreement gives you no rights to such content.
      2. Subject to Clause 9.6, any material you transmit or post or submit to the Website/Application (or otherwise to us) shall be considered (and we may treat it as) non-confidential and non-proprietary, subject to our obligations under data protection legislation. If for some reason, any part of that statement does not work as a matter of law, then for anything which you supply to us from whatever source (i.e. via email, the Website/Application or otherwise) you grant us a royalty-free, perpetual, irrevocable, non-exclusive right to use, copy, modify, adapt, translate, publish and distribute world-wide any such material.
      3. All comments, suggestions, ideas, notes, drawings, concepts or other information: (i) disclosed or offered to us by you; or (ii) in response to solicitations by us regarding the Service or the Website/Application; (in each foregoing case, these are called “Ideas”) shall be deemed to be and shall remain our property and you hereby assign by way of present and future assignment all intellectual property rights in Ideas, to us. You understand and acknowledge that we have both internal resources and other external resources, which may have developed or may in the future develop ideas identical to or similar to Ideas and that we are only willing to consider Ideas on these terms. In any event, any Ideas are not submitted in confidence and we assume no obligation, express or implied by considering it. Without limitation, we shall exclusively own all now known or hereafter existing rights to the Ideas of every kind and nature throughout the world and shall be entitled to unrestricted use of the Ideas for any purpose whatsoever, commercial or otherwise without compensation to the provider of the Ideas.
  9. Disclaimer of Warranty; Limitation of Liability
    1. T he User expressly agrees that use of the Website/Application and the Mini-Sites is at the User's sole risk. Neither FIZZ e-Ventures, its subsidiaries Business Associates, partners, founders nor any of their respective employees, agents and third party content providers, warrant that use of the Website/Application will be uninterrupted or error free; nor do they make any warranty as to (i) the results that may be obtained from use of this Website/Application, or (ii) the accuracy, reliability or content of any information, service or merchandise provided through the Website/Application or the Mini-Sites.
    2. The Website/Application and the Mini-Sites are made accessible on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.
    3. We do not give any warranty that the Services or the Website/Application are free from viruses or anything else that may have a harmful effect on any technology.
    4. We are also not responsible for server issues, issues with the search engines or any website issues.
    5. We reserve the right to change, modify substitute, suspend or remove without notice any information or App or service from the Website/Application or forming part of the Service from time to time. Your access to the Website/Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. We assume no responsibility for functionality, which is dependent on your browser or other third party software to operate. For the avoidance of doubt, we may also withdraw any information or App from the Website or Services at any time.
    6. We reserve the right to block access to and / or to edit or remove any material, which in our reasonable opinion may give rise to a breach of this Agreement.
    7. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. The User specifically acknowledges that FIZZ e-Venturesis not liable for the defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the User.
    8. In no event shall FIZZ e-Venturesor any Business Associates, Third Party Content Providers, Third Party Advertisers or Third Party Service Providers, producing or distributing the Website/Application or the contents hereof, including the Mini-Sites and any software, be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the Website/Application. The User hereby acknowledges that the provisions of this Clause shall apply to all content on the Website and the Mini-Sites.
    9. In addition to the terms set forth above, neither FIZZ e-Ventures, nor its subsidiaries, partners, founders and/or Business Associates, Third Party Service Providers or Third Party Content Providers shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or un-authenticity of, the information contained within the Website/Application or any of the Mini-Sites, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising therefrom or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including without limitation lost profits, punitive or consequential damages.
    10. Nothing in this Agreement shall exclude or limit our liability for (i) fraud; (ii) death or personal injury caused by our breach of duty; or (iii) other liability which cannot be excluded or limited by applicable law.
    11. FIZZ e-Ventures shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
    12. Cash Limit on Liability: In no case shall FIZZ’s liability exceed a sum of Rs. 500/-.
  10. Monitoring
    FIZZ e-Ventures shall have the right, but not the obligation, to monitor the content of the Website/Application at all times, including any chat rooms and forums that may hereinafter be included as part of the Website/Application, to determine compliance with this Agreement and any operating rules established by FIZZ e-Ventures,, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, FIZZ e-Ventures shall have the right to remove any material that FIZZ e-Venturesin its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
  11. Privacy
    The User acknowledges that all discussion for ratings, comments, bulletin board service, chat rooms and/or other message or communication facilities (collectively "Communities") are public and not private communications, and that, therefore, others may read the User's communications without the User's knowledge. FIZZ e-Ventures does not control or endorse the content, messages or information found in any Communities, and, therefore, FIZZ e-Ventures specifically disclaims any liability concerning the Communities and any actions resulting from the User's participation in any Communities, including any objectionable content. Generally, any communication that the User posts on the Website/Application (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular web pages permit the submission of communications that will be treated by FIZZ e-Ventures as confidential, that fact will be stated on those pages. By posting comments, messages or other information on the Website/Application, User grants FIZZ e-Venturesthe right to use such comments, messages or information for promotions, advertising, market research or any other lawful purpose. For more information see FIZZ e-Ventures‘s Privacy Policy.
  12. Security
    1. FIZZ assures you that your information is completely protected and that your transactions are safe. Our secure-server software encrypts all your personal information including credit or debit card number, name and address. The encryption process takes the characters you enter and converts them into bits of code that are then securely transmitted over the Internet
    2. We protect your information from identity theft by using Secure Sockets Layer (SSL) software, which encrypts your information, in addition to maintaining security of your information as per the International Standard IS/ISO/IEC 27001 on "Information Technology-Security Techniques- Information Security Management System-Requirements".
    3. We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card FIZZ e-Ventures during order processing.
    4. Payment instruments are stored in PCI DSS Level 1 certified databases of FIZZ or their third party service providers. The user acknowledges that FIZZ can at its discretion move the stored card data of the user between databases of third party providers or itself. FIZZ will ensure that all the databases where card data is stored in compliance with PCI DSS.
    5. We maintain physical, electronic and procedural safeguards in connection with the collection, storage and disclosure of personally identifiable Customer information. As per our security procedures, we may occasionally request proof of identity before we disclose personal information to you.
    6. It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign out when you finish using a shared computer. Learn more about our privacy policy.
    7. By posting communications on or through this Website/Application, the User shall be deemed to have granted to FIZZ e-Venturesa royalty-free, perpetual, irrevocable & non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicenses.
  13. Indemnification
    The User agrees to defend, indemnify and hold harmless FIZZ e-Ventures its subsidiaries, partners, founders or and business Associates, and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of (i) the use of this Website/Application and/or the Mini-Sites by the User; (ii) the use of the App; (iii) the use of the Service or Website/Application through your password; or (iv) any breach of this Agreement by you.
  14. Termination
    1. FIZZ e-Ventures may terminate this Agreement at any time. Without limiting the foregoing, FIZZ e-Venturesshall have the right to immediately terminate any passwords or accounts of a User in the event of any conduct by the User which _ FIZZ e-Ventures, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. All such provisions wherein the context so requires, including Clause 9, 10, 13, 14 & 15, will survive termination of this Agreement.
    2. Our right to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
  15. Third Party Content
    1. FIZZ e-Ventures, similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, FIZZ e-Ventures has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including Third Party Content Providers, or any other Users are those of the respective author(s) or distributors and not of FIZZ e-Ventures.
    2. Neither FIZZ e-Ventures nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose (refer to Clause 10 above for the complete provisions governing limitation of liabilities and disclaimers of warranty).
    3. In many instances, the content available through this Website/Application represents the opinions and judgments of the respective information provider, User, or other users not under contract with FIZZ e-Ventures. FIZZ e-Ventures, neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website/Application by anyone other than authorized FIZZ e-Ventures employee / spokespersons while acting in official capacities.
    4. Under no circumstances will FIZZ e-Venturesbe liable for any loss or damage caused by User's reliance on information obtained through the Website/Application or for any inadvertent mis-statements in the Website/Application. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice etc. or other content available through the Website/Application.
    5. The Website/Application contains links to third party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by FIZZ e-Ventures, of the contents on such third-party websites and FIZZ e-Ventures hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If the User decides to access linked third-party websites, the User does so at his/her own risk.
    6. Unless you have executed a written agreement with FIZZ e-Venturesexpressly permitting you to do so, you may not provide a hyperlink to the Website/Application from any other website. FIZZ e-Venturesreserves the right to revoke its consent to any link at any time in its sole discretion.
  16. Advertisement
    1. FIZZ e-Ventures may place advertisements in different locations on the Website/Application and at different points during use of the Service. These locations and points may change from time to time – but we will always clearly mark which goods and services are advertisements (i.e. from persons other than us), so that it is clear to you which goods and services are provided on an objective basis and which are not (i.e. the advertisements).
    2. You are free to select or click on advertised goods and services or not as you see fit.
    3. A Third Party Advertiser may deliver any advertisements on our behalf.
    4. No personal data (for example your name, address, email address or telephone number) will be used during the course of serving our advertising, but, on our behalf, our Third Party Advertiser or affiliate may place or recognize a unique “cookie” on your browser (see our Privacy Policy about this). This cookie will not collect personal data about you nor is it linked to any personal data about you. If you would like more information about this practice and to know your choices about not having this information used by any FIZZ e-Ventures, see our Privacy Policy for more information.
  17. Force Majeure
    Without prejudice to any other provision herein, FIZZ e-Ventures will seize to deliver or otherwise perform hereunder due to any cause beyond FIZZ e-Ventures‘s control, including, without limitation, acts of the User, embargo or other governmental act, regulation or request affecting the conduct of FIZZ e-Ventures’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labor difficulties, lightning, flood, windstorm or other acts of God.
  18. Miscellaneous
    1. This Agreement and our Privacy Policy constitutes the entire agreement of the parties with respect to the subject matter hereof. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between the parties prior to this Agreement except as expressly stated in this Agreement. Neither party shall have any remedy in respect of any untrue statement made by the other upon which that party relied on when entering into this Agreement (unless such untrue statement was made fraudulently or was as to a matter fundamental to a party's ability to perform this Agreement) and that party's only remedies shall be for breach of contract as provided in this Agreement. However, the Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Website.
    2. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default.
    3. The section headings used herein are for convenience only and shall be of no legal force or effect.
    4. If a court of competent jurisdiction holds any provision of this Agreement invalid, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.
    5. All provisions of this Agreement apply equally to and are for the benefit of FIZZ e-Ventures, it subsidiaries, partners, founders or, any holding companies of FIZZ e-Ventures Private Ltd, its (for their) affiliated and it (or their) Third Party Content Providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf (save that this Agreement may be varied or rescinded without the consent of those parties).
    6. FIZZ e-Ventures’s headquarters are in Chennai India. Legal issues arising out of, but not exclusive to the use of, this Website/Application or mini sites (unless otherwise specifically stated) are governed by and in accordance with the laws of India (exclusive of its rules regarding conflicts of laws) and the parties shall submit to the exclusive jurisdiction of the Courts in Chennai. The parties agree to submit to the laws of India.

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