1. APPLICABILITY AND AMENDMENT OF TERMS
1.2 Your use of Zapr or the Services will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to or wish to be bound by the terms of the Agreement, you may not access or otherwise use Zapr or the Services.
1.4 Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.
2. REGISTRATION AND ACCESS
2.1 If you wish to avail the Services, you will have to register on Zapr and become a registered user. By registering on Zapr, you agree that you are availing the Services offered by us on the terms of the Agreement. To register on Zapr, you will have to provide certain information such as your name, company name, company email ID, password, and any other requirements as may be required in relation to the Services.
2.3 When you use Zapr, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile or other similar devices to prevent unauthorized access to your account. We request you to safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your account information current and accurate. You agree to: (a) ensure that you exit from your account at the end of each session, and (b) immediately notify us of any unauthorized use of your account information or any other breach of security.We cannot, and will not, be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by us or any other user of or visitor to the Platform due to authorized or unauthorized use of your account as a result of your failure to keep your account information secure and confidential.
2.4 We reserve the right to refuse access to Zapr, to terminate accounts, remove or edit content at our discretion.
2.5 We will try to make Zapr error-free. Your access to Zapr may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. However, we do not take responsibility for internet related issues at your end.
3. ZAPR CONTENT
3.1 We grant you a limited license to access and make personal use of Zapr subject to the terms and conditions set forth in the Agreement. However, all information, content and material contained in Zapr is and continues to be our intellectual property. Further, all trademarks, services marks, trade names and trade secrets are proprietary to us. No information, content or material from Zapr may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorized use terminates the permission or license granted by us in terms of the Agreement.
3.2 You expressly understand and agree that:
(a) the information, content and material on Zapr and / or Service is provided on an “as is” and “as available” basis. We and all our subsidiaries, affiliates, officers, employees, agents and partners, if any, disclaim all warranties of any kind, either express or implied;
(b) we do not warrant that: (i) the functions contained in any content, information and material on Zapr, including, without limitation any third party sites or services linked to Zapr and / or that the Service will be uninterrupted, timely or error-free, (ii) the defects will be rectified, or that Zapr or the servers that make such content, information and materials available are free of viruses or other harmful components; and
(c) any material downloaded or used through Zapr is accessed at your own risk, and you will be solely responsible for any damage or loss of data, or otherwise that results from such download to your computer system or use
4. REPRESENTATIONS AND WARRANTIES BY THE USERS
4.1 By using Zapr, you represent and warrant that:
(a) you are 18 (eighteen) years of age or older and that your use of Zapr will not violate any applicable law or regulation; and
(b) all information provided on Zapr by you is true, factual and accurate and you agree to maintain the accuracy of such information.
5. CONDITIONS OF USE
5.1 You shall use Zapr for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through Zapr.
5.2 You covenant that you will not:
(a) modify any content of the Platform
(b) decompile, reverse engineer or disassemble the content;
(c) use the Service in any way that is unlawful or harms us or any other person or entity, as determined by us in our sole discretion;
(d) make false or malicious statements against the Services or Platform or the us;
(e) post, copy, submit, upload, distribute or otherwise transmit or make available any software or other computer files that contain a virus or other harmful components, or otherwise impair or damage Zapr and / or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of Zapr and / or the Services;
(f) engage in any form of antisocial, disruptive or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;
(g) post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party; and
(h) delete or modify any content of Zapr and / or Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
(i) host, display, upload, modify, publish, transmit, update or share any information that:
(i) belongs to another person and to which the user does not have any right;
(ii) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, racially or ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(iii) harm minors in any way;
(iv) infringes any patent, trademark, copyright or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(vii) impersonates another person;
(viii) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
6. LINKS TO THIRD PARTY WEBSITES
You hereby agree to indemnify, defend and hold the Company, the Company’s agents, affiliates, representatives, authorized users, employees and assigns harmless from and against any and all losses, damages, liabilities and costs arising from your use of Zapr or the Services and / or the violation of the Agreement by you.
8. LIMITATION OF LIABILITY
8.1 You acknowledge and undertake that you are accessing the Services through the Platform, transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform.
8.2 To the fullest extent permitted by law, under no circumstances will we be liable to you or any other person or entity for any direct, indirect, incidental, special, remote or consequential damages, including but not limited to damages for loss of profits, goodwill, data or other intangible losses, resulting from any circumstances, including:
(a) the use or the inability to use the Services;
(b) unauthorized access to or alteration of your transmissions or data; or
(c) any other matter relating to Zapr and / or Services.
whether or not foreseeable and whether or not we have been advised of the possibility of such damages.
8.3 We shall neither be liable nor responsible for any actions or inactions of the other users of the Platform nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other users of the Platform.
8.4 Further, none of the directors, officers or employees of the Company shall be personally liable for any action in connection with Zapr or the Services.
9. REGISTRATION FEES
You may be required to pay us a registration fee at the time of registration on Zapr. This fee, if any, shall be revised and updated by us from time to time and shall be indicated to you on the registration page. Continued access to Zapr may be subject to renewal of registration on such timely basis as shall be indicated on Zapr, where applicable.
10. COPYRIGHT AND DATABASE RIGHTS
10.1 All content included on Zapr, such as photographs, text, graphics, logos, videos, service marks, characters, designs, copyrights, illustrations, music, button icons, images and software is the exclusive property of the Company, its affiliates or content suppliers.
10.2 The compilation of all content on Zapr is the exclusive property of the Company.
10.3 All software used on Zapr is the property of the Company, its affiliates or its service providers. You shall not systematically extract and/or re-utilize parts of the contents of Zapr without our express written consent.
10.4 You shall not create and/or publish your own database that features substantial parts of Zapr without our express written consent. You further agree not to access or use Zapr in any manner that may be harmful to the operation of Zapr or its content.
The trademarks indicated on Zapr are trademarks or registered trademarks of the Company in the Indian jurisdiction. All other trademarks not owned by the Company that appear on Zapr are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
(a) suspend or terminate your access to Zapr with or without notice to you;
(b) to remove such non-compliant information from the Platform; and
(c) to exercise any other remedy available under law.
Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to Zapr. Upon suspension or termination, your right to avail the Services and access to Zapr will immediately cease and we reserve the right to remove or delete your information that is available, including but not limited to login and account information and information posted by you.
13. ACCESS OUTSIDE REPUBLIC OF INDIA
14. GOVERNING LAW AND JURISDICTION
15. The Agreement and all transactions entered into and the relationship between you and the Company shall be governed in accordance with the laws of India without reference to any conflict of laws principles. You agree that courts at Bangalore, India shall have exclusive jurisdiction over any disputes arising under or in connection with your use of Zapr or the Services.
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from the Agreement and the remainder of the Agreement will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event the Agreement will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
17. REPORT ABUSE
19. NEWSLETTERS AND COMMUNICATIONS
You hereby expressly agree to receive communications and/or newsletters from the Company by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from the Company at any time by following the unsubscribe option provided in the newsletters/communications.
20. GRIEVANCE OFFICER
If you have any grievance with respect to Zapr or the Services, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: Dhruva Shetty
Email Id: firstname.lastname@example.org
No term of the Agreement will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Company. Any consent by Company, or waiver of a breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
22. FORCE MAJEURE
We will not be responsible for any delay or failure to comply with our obligations under the Agreement if the delay or failure arises from any cause which is beyond our reasonable control.
23. ELECTRONIC RECORD
24. COMPLETE UNDERSTANDING
The Agreement contains the entire understanding of the parties, and there are no other written or oral understandings or promises between the parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.