The following terms of service govern your access. Use of the Zestur website and mobile application, including any content, functionality and services offered on or through www.zestur.com or the Zestur mobile application (the "Site") by Acolyte Technologies Pvt. Ltd. Acolyte Technologies Pvt. Ltd. and Zestur are collectively referred herein as "Zestur” “we" or "us". “you” or “user” means you as the users of the Site.
This Site offers users who are 13 years of age or above. If you are under 13, you do not have permission to use this Site or the Zestur services. If you don't meet all of these prerequisites, you must not access or use the Site.
Our Customer Support team can be contacted if you have any queries regarding this platform or Terms of Service.
The predetermined language of these Terms of Service, as well as all other texts throughout the Site, is English. Zestur allows this translation for the convenience of the users only. In case of any conflicts between the original English version and any translation, the English version shall prevail.
Buyers are users who purchase services on Zestur.
Custom Offers are exclusive opportunities that a Seller can create in response to the specific requirement of Buyers.
Custom Orders are requests made by Buyers to receive a Custom Offer from Sellers.
ZestMore is additional services offered on top of the Seller’s Zest for a different price defined by the Seller.
ZestKit allows Sellers to offer services at multiple formats and price ranges. These plans can include upgrades, which lets Sellers price their service for an introductory price of over INR 251.
Zest Page is where the seller can describe their Zest and the Zest’s terms, and the Buyer can purchase the Zest and create an order.
Zest/Zests are services/gigs offered on Zestur.
Order Page is where Buyer and Seller talk to each other in connection with an ordered Zest.
Orders are the official agreements between the Buyers and Sellers after making a purchase from the Seller’s Zest Page.
Sellers are the users who offer and perform services through Zests.
Zestur is all about assisting the Sellers leverage their skills. We want to empower top performing Sellers with helpful tools to improve their businesses. Sellers who are eager to invest in self-promotion may achieve significant customer satisfaction. If they deliver on time and maintain better quality and ratings, Zestur may reward them with new statuses, special opportunities, benefits, and tools that come with it.
Zestur Sellers have access to several incredible features that help to customize the way their services can be accessed.
We encourage the Buyers and Sellers to try and settle conflicts amongst themselves. If for any reason we fail to do so after using the Resolution Center or if you encounter non-permitted usage on the Site, users can contact Zestur's Customer Support department for help. For detailed information about disputes, Order cancellations and refunds please refer to the Payment Terms.
Zestur enables people worldwide to create, share, sell and purchase nearly any service they need at an unbeatable value. Services offered on Zestur reflect the diversity of an expanding gig economy. Members of the Zestur community communicate and engage through orders, social media, and on Zestur’s Community Forums.
Zestur maintains a cordial, community spirited, and professional environment. Users must keep to that spirit while participating in any activity or extensions of Zestur. This section relates to the expected conduct users should adhere to while interacting with each other on Zestur.
To report any violation of our policies and/or our Community Standards, User Misconduct, or inquiries regarding your account, please contact our Customer Support team.
Users might receive a warning to their account for violations of our Terms of Service and/or our Community Standard or the users misconduct reported to our Trust and Safety team. A warning will be sent to the users email address and displayed for such users on the platform. Warnings do not limit account activities, but can lead to your account losing Seller statuses or becoming permanently disabled based on the severity of the violation.
Adult Services & Pornography - Zestur does not allow any adult-oriented or pornographic materials and services.
Inappropriate Behavior & Language - Communication on Zestur should be friendly, constructive, and professional. Zestur condemns bullying, harassment, and hate speech towards others. We allow the users a medium for which messages are exchanged between individuals, a system to rate the orders, and to engage on wider platforms such as our Community Forum and Social Media page.
Phishing and Spam - security is our top priority. Any attempts to publish or deliver malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. You are requested to respect our members' privacy by not contacting them with offers, questions, suggestions, or anything not directly related to their Zests or orders.
Privacy & Identity - You might not publish or post other people's private and confidential information. Sellers further ensure that whatever information they receive from the Buyers, which is not public domain, shall not be used for any purpose whatsoever other than to deliver the work to the Buyer. Our Terms of Service will not protect any users who engage and communicate off of Zestur.
Authentic Zestur Profile - You may not create a false identity on Zestur, misrepresent your identity, create a Zestur profile for anyone other than yourself (a real person), or use or attempt to use another user’s account or information; Your profile information, including your description, skill, location, etc., while should be kept anonymous, must be accurate and complete and may not be misleading, illegal, offensive or otherwise harmful. Zestur reserves the right to require users to go through a verification process to use the Site (whether by using ID, phone, camera, etc.).
Intellectual Property Claims - Zestur will respond to clear and complete notice of alleged copyright or trademark infringement, and/or violation of third party’s terms of service.
Fraud / Unlawful Use – Using Zestur for unlawful purposes or conduct illegitimate activities is not allowed.
Multiple Accounts - To prevent fraud, users are limited to one active Zestur account in Zestur. Any additional account created to circumvent guidelines, promote competitive advantages, or mislead the Zestur community will be disabled. Mass account creation might result in disabling of all related accounts. Note: any violations of Zestur’s Terms of Service and/or our Community Standards cause permanent suspension of all the accounts.
Targeted Abuse - We do not tolerate the users who engage in targeted abuse or harassment towards other users on Zestur. This includes creating new accounts to harass members through our message or ordering system.
Selling Accounts - You cannot buy or sell Zestur account.
This Site, including its general layout, look and feel, design, information, content and other materials available thereon, is exclusively owned by Zestur and protected by copyright, trademark, and other intellectual property laws. Zestur, Zest and Zests are all registered trademarks owned exclusively by Zestur. User has no right, and specifically agree not to do the following concerning the Site or any part, component or extension of the Site (including its mobile application): (i) copy, transfer, adopt, modify, distribute, transmit, display, create derivative works, publish or reproduce them, in any manner; (ii) reverse assembles, decompiles, reverse engineer or attempt to derive the source code, underlying ideas, algorithms, structure or organizations; (iii) remove the copyright notice, identification or any other notices; (iv) use automation software (bots), hack, modification (mods) or any other illegal third-party software designed to improve the Site; (v) attempt to improve unauthorized access to, interfere with, damaged or disrupted the Site or the computer system or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, processes, software that intercepts, “mines,” scrape or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual processes to do the same, (viii) introduce any viruses, trojan horses, worms, logic bomb or other materials that are malicious or technologically malicious into the systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. User also agree not to permit or authorize anyone else to do any of the preceding.
Apart from the limited right to use the Site according to these policies, Zestur owns all right, title and interest in and to the Site (including any intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interest. We reserve the rights in connection with the Sites and its content (other than UGC) including, without restriction, the exclusive right to create derivative work.
Suppose you provide Zestur with any comments, suggestions or other feedback regarding the Zestur platform or the Site as a whole, as well as other Zestur products or services (collectively, the “Feedback”). In that case, you will be deemed to have granted Zestur an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership right in the Feedback.
Sellers must recognize that there might be a need for Buyers to disclose certain confidential data to be used by Sellers for the purpose of delivering the ordered works, and to protect such confidential information from unauthorized use and disclosure. Therefore, Sellers agree to treat any information delivered from Buyers as highly sensitive, secret and classified materials. Without derogating from the protocols of the above, Sellers specifically agree to:
User Generated Content ("UGC '') means, the content added by users instead of content created by the Site. All content uploaded to Zestur by our users (Buyers and Sellers) is User Generated Content. Zestur might or might not not check user uploaded/created content for appropriateness, copyright issue , trademarks, other significant rights or violations and the user uploading/creating such content shall be completely responsible for it and the results of using, disclosing, storing, or transmitting it. By uploading to, or delivering content on, the Zestur platforms, you represent and warrant that you own or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the Site does not and must not (a) infringe or violate any intellectual properties, proprietary or privacy, data protection or publicity right of any third party; (b) violate any applicable locals, state, federal and international regulations, regulations and conventions; and/or (c) violate any of your or third party’s policies and/or terms of services. We invite you all to report violations together with proof of ownership as appropriate. Reported violating content may be removed or disabled.
Furthermore, Zestur is not responsible for the content, quality or the level of service provided by the Sellers (Pro Sellers, Top Rated Sellers, Promoted Zests sellers are also permitted). We provide no warranty concerning the Zests, their delivery, any communications among Buyers and Sellers. We encourage them to take advantage of our rating systems, communities, and common sense in choosing particular services.
By choosing a service, the Seller undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service offered on Zestur. Sellers advertising online their Zest must comply with laws and terms of service of the advertising platform or relevant site used to advertise. If you fail to do so may result in removal of the Zest, and may lead to the suspension of Seller's account.
It is very important to note, it is our policy in appropriate circumstances to disable and/or cancel the accounts of users who are repeat infringers.
Ownership and limitations: When purchasing a Zest on Zestur, unless clearly stated otherwise on the Seller's Zest page/description, when the work is delivered, and subject to payment, the Buyer is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Seller, and the Seller waives any moral rights therein. Accordingly, the Seller expressly assigns to the Buyers the copyright in the particular work. All transfers and assignment of intellectual property to the Buyer should be subjected to full payment for the Zest, and the delivery may not be used if payment is cancelled for any reason. To clear any doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Buyer and, on delivery, the Seller agrees that it thereby, under these Terms and policies, assigns all right, title and interests in and to the delivered work to the Buyers. Some custom Zests accounts might charge additional payments for a Commercial License. Without a commercial license, you can have all the rights you need if you buy Zest for personal use. Suppose you intend to use it for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit. In specific cases, you will need to buy the Commercial Use License through a ZestMore and will have broader rights that cover your business use.
For Voiceover Zests, when the work is delivered, and subject to payment, the Buyer is purchasing basic rights, (which means the Buyer is paying a one-time fee allowing them to use the work forever and for any purpose except for commercials, radio, television and internet commercial spots). If you intend to use the Voiceover to promote a product and/or service (except paid marketing channels), you will need to purchase the Commercial Rights (Buy-Out) through ZestMore. If you want to use the Voice Over in radio, television and internet commercials, you will need to purchase the Full Broadcast Rights (Buy-Out) through Zest Account. For further information on the type of buy-outs, please read below.
Furthermore, the users (both Buyers and Sellers) agree that unless they explicitly indicate otherwise, the content users voluntarily create/upload to Zestur, including Zest texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Zestur.
When purchasing a Voice Over Zest, the Seller allows you a permanent, exclusive, non-transferable, worldwide license to use the purchased Voice Over (except for commercial, radio, television and internet commercial spots).
By purchasing a Commercial Right (Buy-Out) with your orders, in addition to the basic rights, the Seller grants you with a license to use the Voice Overs for any corporate, promotional and non-broadcast reason. Corporate, promotional and non-broadcast purposes refer any business related use to create, or to promote a for-product profit or services (except paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaign, audiobooks, podcast intros, and strictly exclude any illegal, immoral or defamatory purposes.
This Buy-Out is subject to Zestur's policies. Moreover, there is no warranty, expressed or implied, with this delivery, including concerning fitness for a particular purpose. Neither the Seller nor Zestur will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.
By purchasing a “Commercial Use License'' with your Zest Order, the Seller offers
you a permanent, exclusive, and non-transferable license that can be used
worldwide. To negate surplus doubt, the Seller retains all ownership rights.
“Permitted Commercial Purposes' ' means any business-related use, such as (by
way of example) advertising, promotion, creating web pages, integration into
product, software or other business-related tools etc., and strictly excludes
any illegal, immoral or defamatory purpose. This license is bound by Zestur’s
Terms of Service. There is no warranty period, express or implied, for this delivery.
I also include fitness for a specific reason. Neither the Seller nor Zestur
will be liable for any claims or incidental, consequential or other damages
driving through this license.
YOUR USAGE OF THE SITE, ITS CONTENT AND ALL SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS YOUR RESPONSIBILITY. THE PLATFORM, ITS CONTENTS AND ANY SERVICES OR ITEMS GOT THROUGH THE SITE ARE PROVIDED ON AN "AS IS'' AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTI OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZESTUR NOR ANY PERSON ASSOCIATED WITH ZESTUR MAKES AN WARRANTY OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE.
THE PRECEDING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The official text is written in English. Any inconsistencies or contrasts made in the interpretation are not restricting and have no legal impact for consistency or implementation purposes. If any questions emerge identified with the exactness of the data contained in the translated content, kindly allude to the English version of the content, which is the official version.
IN NO EVENT WILL ZESTUR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS GOT THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DISPUTES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESSESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR EXPECTED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE PRECEDING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.