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Zillion Possibilities Private Limited

Zillion Strings - TERMS OF USE AND CONDITIONS


These terms of use constitute a legally binding agreement between Zillion Possibilities Private Limited and the Broker / s regarding the use of Zillion Strings Application by the Vendors and any services offered by the Company including but not limited to delivery of content via the Site, any mobile or internet connected device or otherwise.

Your use of the application and services and tools are governed by the following terms of use and conditions as applicable to the Company including the applicable policies which are incorporated herein by way of reference. By mere use of the application the Broker / s be contracting with Zillion Possibilities Private Limited, the owner of the Platform. These terms and conditions including the policies constitute Your binding obligations, with the Company.

When the Broker / s use any of the services provided by the Company through the Platform, including but not limited to the Broker / s will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this terms of use and shall be considered as part and parcel of this Terms.

These terms of use and conditions shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Site.


  1. PARTIES TO THE AGREEMENT:

    1. PARTY OF THE FIRST PART:

      to be called as Broker / s or Vendor / s who are registered with the Company and utilizes the services of the Company through application.

    2. PARTY OF THE SECOND PART:

      Zillion Possibilities Private Limited, incorporated on 26th July, 2016, a Non-Government Private Limited Company and a Company Limited by Shares, having Corporate Identification Number (CIN) as U74999DL2016PTC303591, having its registered office situated at A - 154, First Floor, Shankar Garden, Vikas Puri, New Delhi - 110 018, West Delhi, Delhi India, represented through its Director Mr. Manish Bhola holding DIN (07565349) which expression shall unless repugnant to the context or meaning thereof mean and deemed to mean and include its successors and permitted assigns, and includes its Directors, authorized representatives, official liquidators, administrators and assigns etc. and hereinafter called the PARTY OF THE SECOND PART.


  2. RECITALS:

    WHEREAS the Party of the First Part is engaged in the business of Real Estate broker, agent, etc. AND WHEREAS the Party of the First Part intends to expand its business activities by online selling through websites, Mobile applications, emails or any other type of communication of all its products or products of its Clients, etc. WHEREAS the Party of the Second Part i. e. operates a mobile app called as ‘Zillion Strings’ and is engaged in the business of business of offering Leads Capture, Aggregation and Digital Marketing services on a subscription basis, news and information aggregators, feed aggregators, feed readers, news readers, Rich Site Summary news readers to make all types of news contents available from one website to other sites and such other objects as mentioned in the Memorandum of Association of Company. AND WHEREAS the Party of the Second Part and located at ‘Zillion Strings’ or at the following URL: www.zillionstrings.com or any social networking websites or any such links provided by the Company (subject to any modifications from time to time) or hereinafter referred to as “Zillion Strings” and have many registered and non - registered users to whom the Company offers various services; AND WHEREAS the Vendor is an Agent or a broker of its Client viz. Real Estate entities and is desirous of promoting, marketing and selling its products through an online portal or application on Company’s Mobile applications, Website, etc. and has offered to promote, market, sell its products through the said application, the Company has agreed to create the said online store upon the following terms and conditions.

    NOW THEREFORE THIS AGREEMENT WITNESSES AND IT IS HEREBY MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO ON THE TERMS AND CONDITIONS RECORDED AS FOLLOWS:


  3. DEFINITIONS:

    For the purpose of this Agreement, the following words and phrases shall have the meaning assigned to them under this Article.

    1. “Application or App or Zillion Strings” means an online platform owned and operated by the Company that facilitates the promotion, marketing and sale of products between the Vendor and the Customer or shall mean the Mobile Application or App owned and developed and having all the rights in favour of Zillion Possibilities Private Limited;

    2. “Broker or Vendor” shall mean the entity incorporated or otherwise more specifically described hereinabove, which desires to sell or sells its products through Application or Online Store or otherwise and more particularly described in the attached “Form”.

    3. “Company” shall mean Zillion Possibilities Private Limited or Zillion Strings or any of the Mobile applications or websites owned by the Company from time to time;

    4. “Customer” shall mean any individual, group of Individuals, firm, company or any other person or entity placing an order for the products of the Vendor through the online store of the Company;

    5. “Effective Date” shall mean the date on which this Agreement is executed.

    6. “Form” shall mean Form for eCommerce Service Agreement to be filled in and executed by the Vendor at the time of execution of this Agreement annexed hereto as Annexure “A”.

    7. “Online Store” shall mean a virtual electronic store created on Zillion Strings online portal or Application or App for sale of the Vendor’s Products through Mobile Application displaying the particulars of the Vendor’s Products or services available for sale or any other means by which the Customer places an order for the Products of the Vendor.

    8. “Products” shall mean all types of real estate properties of the Vendor Clients put up for promotion or marketing or sale on the App by the Vendor or the Clients of the Vendor.

    9. “Push Interface: is a one-time setup required to aggregate all leads of a broker in his Zillion Strings account.

    10. “Service charge” shall mean the charges which the Company shall charge to the Vendor at the rates agreed to between the parties, for promotion, marketing and sale of the products on Application.

    11. “Zillion Strings” is an app under development or developed app that offers Leads Capture, Aggregation and Digital Marketing services on a subscription basis and shall mean and include the brand Zillion Strings or such other Mobile Application or App owned, developed, renewed, modified by the Company from time to time;


  4. APPOINTMENT AND INTEGRAL RECITALS:

    1. The Parties hereby declare and confirm that what is recited hereinabove in this Franchisee Agreement shall be treated and form an integral part of this Agreement.

    2. The Party of the First Part hereby appoints the Party of the Second Part as the Intermediator for providing of broking services of its products viz. real estate properties to the customers under the name of “Zillion Strings” or such name as may be decided from time to time by the Company.


  5. SERVICES:

    The Company provides a number of internet-based services through its platform and shall include:

    • Find a property through Zillion Strings and its internet links.

    • Place a print advertisement in any of the group publications through the www.Magicbricks.com site.

    • Post advertisements on Zillion Strings.

    • Send advertisements and promotional messages through emails and messages.

    • Posting User profile or listing for the purpose of sale / rental of property and related property services etc. on behalf of Client of Broker / s.


  6. ARRANGEMENT BETWEEN VENDOR / S AND THE COMPANY:

    The Vendor shall offer to the Company its products for facilitating and displaying on the Mobile Application for sale which shall include hosting and technology, customer support, payment services and all the other related services to ensure customer satisfaction on behalf of the Vendor. For this arrangement, the Vendor shall pay direct service charges as specified under these presents to the Company for the sale being effected through the Online Store created on the Zillion Strings. Based on mutual discussions, it is agreed by and between the parties hereto that the Vendor shall put up for sale its Products on the said online store, subject to the terms and conditions hereinafter contained. Vendor further agrees and acknowledges that the shopping transaction shall be governed by the “Terms of Use” of Zillion Strings along with this Agreement.


  7. TENURE, CONSIDERATION AND PAYMENT TERMS:

    1. The tenure of this Agreement shall be for a period of minimum 1 month (or as agreed between the parties) and shall be subject for automatic renewal unless revoked or terminated earlier.

    2. First month of service as a Free Trial once the broker gets registered with Zillion Strings App and for each subsequent month, broker must pay fees as specified on the Zillion Strings App.

    3. Vendor agrees to bear all the applicable taxes, duties or other similar payments (including GST) arising out of the transaction. The Company shall make the space available against purchase consideration.

    4. Online payment will be routed through Razorpay Payment or any other Payment Gateway.


  8. OBLIGATIONS OF THE VENDOR:

    1. The Vendor shall send an email from his email address registered with the realty portal requesting them to setup a push interface between the broker’s account and Zillion Strings system, on the basis of the unique API Key provided by Zillion Strings admin.

    2. Ensure to forward all the leads generated in broker’s account maintained on the realty portals will get automatically pushed or sent to his Zillion Strings account.

    3. To verify and approve the content and schedule of all marketing / promotional SMSs and Emails.

    4. The Vendor shall not offer any of its Products for promotion, marketing or sale on the Online Store which are out of Stock, under litigation, not in possession and ownership of its Clients and prohibited for offer, sale, and to deal with, against the public policy, banned, unlawful, illegal or prohibited under the Indian laws.

    5. The Vendor shall at all times be responsible for compliance of all applicable laws including Intellectual Property Rights, Maharashtra VAT, Maharashtra FDA, Central Sales Tax, Excise duty, Service tax, Legal Metrology Act, Sale of Goods Act, etc.


  9. WARRANTIES, REPRESENTATIONS AND UNDERTAKINGS OF THE VENDOR:

    The Vendor warrants and represents that:

    • They have the right and full authority to enter into this Agreement with the Company.

    • They are an authorized business establishment and hold all the requisite permissions and approvals.

    • The complete product responsibility and liability shall solely vest with Vendor.

    • Vendor shall prior to release of any promotion material seek prior written approval for the same from the Company.


  10. OBLIGATIONS AND RIGHTS OF THE COMPANY:

    1. The Company shall create and share an Admin Login/API Key and a Push Interface for each broker.

    2. The Company shall automatically send marketing SMSs/Emails through Text local and Email Octopus at a predefined schedule.

    3. Company reserves the right to remove / block / delete any text, graphic, image found to be in violation of law or breach of agreement terms.


  11. INDEMNITY AND LIABILITY:

    1. The Vendor indemnifies the Company against all losses arising from IP infringement, product quality disputes, or non-fulfillment of statutory obligations.

    2. The Company shall under no circumstances be liable for any loss, injury or damage arising from defective products or IP violations by the Vendor.

    3. The Vendor acknowledges the Company is merely a facilitator/intermediator and is not responsible for product design, condition, or selling obligations.


  12. TERMINATION AND EFFECT OF TERMINATION:

    Agreement may be terminated for unsatisfactory performance, material breach, or insolvency by providing 15 days written notice.

    • Notwithstanding termination, all amounts due must be paid as a contractual debt.

    • Upon termination, the Company shall remove all promotional data, links, and product displays from Zillion Strings.

    • Vendor shall not use the Company name beyond the scope of this agreement.


  13. GENERAL PROVISIONS:

    1. Jurisdiction: Governed by the Laws of India and State/Union Territory of Delhi.

    2. Arbitration: Disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996.

    3. Confidentiality: Company undertakes to maintain confidentiality of data disclosed or generated.

    4. Intellectual Property: Each party retains rights to their respective trademarks and logos.

    5. Force Majeure: Neither party is liable for delays due to pandemic, war, acts of God, or government authority.


  14. NOTICE MECHANISM:

    Any notice shall be given by leaving it at the registered office or by electronic mode:

    1. To Vendor: Via registered office address or email provided at registration.

    2. To Company: Addressing to Zillion Possibilities Private Limited at its registered office.


  15. ENTIRE AGREEMENT:

    This Agreement embodies the entire agreement and understanding of the Parties and supersedes any and all other prior and contemporaneous agreements, arrangements and understandings between the Parties with respect to its subject matter.