Terms Of Service
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND THE SERVICES THE USER AGREES TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. PLEASE NOTE THAT ZOOP PROVIDES SERVICES IN COMPLIANCE WITH APPLICABLE INDIAN LAW. EXCEPT AS SPECIFIED IN THE TERMS OF USE OR AS AGREED WITH ZOOP IN WRITING, IN CASE THE USER IS A CITIZEN OR RESIDENT OF THE EUROPEAN UNION, THE STATE OF CALIFORNIA OR ANY OTHER JURISDICTION WHICH PRESCRIBES OR REGULATES THE USE OF PERSONAL INFORMATION OR WHICH IMPOSES ADDITIONAL REQUIREMENTS FOR THE USE OF PERSONALLY IDENTIFIABLE INFORMATION IN ADDITION TO INDIAN LAW OR IS INCONSISTENT WITH INDIAN LAW, THE USER IS REQUIRED TO DETERMINE THE SUITABILITY OF THE USE OF THE SERVICES. ZOOP RESERVES THE RIGHT TO DENY USAGE TO SUCH RESIDENTS OR CITIZENS BASED ON ITS EVALUATION AND THE USER’S ACCEPTANCE OF THESE TERMS OF SERVICE WILL NOT BIND ZOOP.
1. Introduction
- Welcome to ZOOP, these are the terms and conditions of use of service governing your access to and use of the website of ZOOP or Quagga Tech Private Limited or ZOOP (hereinafter the ‘Terms’) and its related sub-domains, mobile applications, sites, services and tools (Hereinafter ‘ZOOP’ or ‘Site’ or ‘Application’).
- For the purpose of these Terms, wherever the context so requires “You”, “Your” and “User” shall mean any natural or legal person or a person representing a body corporate, who has agreed to use this Site by providing registration data while registering on the Site or a User may surf this Site without registering on the Site.
- By accepting these Terms (including the linked information herein), and by using the Site, you represent that you agree to comply with these Terms.
- Before you may become or continue as a member of the Site, you must read, agree with and accept these Terms and ZOOP’s Privacy Notice (the “Privacy Notice”). You should read these Terms and the Privacy Notice and access and read all further linked information, if any, referred to in these Terms, as such information contains further terms and conditions that apply to you as a user of ZOOP. Such linked information including but not limited to the Privacy Notice is hereby incorporated by reference into these Terms.
- Any new product or service provided by ZOOP or any new features or tools which are added to the Site shall, unless specifically stated otherwise, be subject to these Terms.
2. User Terms
These Terms shall continue and would be in force till the time you access the Site/Application & its services and you agree that you are bound by the terms as mentioned herein. Nothing in these Terms should be construed to confer any rights on you or any third-party beneficiaries.
3. Eligibility
The services provided by ZOOP are only meant and intended for Users who are competent to contract as per the provisions of the Indian Contract Act, 1872.The User affirms that the User is either more than 18 years of age or possesses legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and to abide by and comply with these Terms.
The User agrees that the User has provided true, accurate, current and complete information to ZOOP in connection with any use or access of the service. By using the service, you represent and warrant that you are 18 years or older and that you have the capacity to understand, agree to and comply with these Terms, including the ability to contract on behalf of your organisation.
4. Privacy
The User’s privacy is very important to ZOOP, which is why we have created a separate Privacy Notice in order to explain in detail how we collect, manage, process, secure and store the User’s private information which is available at privacy notice
5. Third Party Information on the Site
The User acknowledges and agrees that ZOOP provides access to such links, website, tools and services on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement and ZOOP does not warrant and shall not have any liability or responsibility for any third-party materials or websites, or for any materials, products, or services of any third-parties. ZOOP shall have no liability whatsoever arising from or relating to the User’s use of optional third-party tools and services. The User is requested to review the third-party’s policies and practices carefully and make sure that the User understands them. Any complaints, concerns, or questions regarding third-party products should be directed to such third-party.
Without prejudice to the above, where any documents are verified or stored with ZOOP, ZOOP expressly disclaims any liability in connection with such documents and ZOOP is not responsible for the verification of the terms of the documents, enforceability of such documents or any disputes in connection with such documents.
6. Phishing
ZOOP has ensured that the Site is HTTPS enabled to better protect the User’s security against dummy websites. Please verify that the Webpage is HTTPS enabled before providing any information on it. ZOOP will not be liable for any consequences of the User providing details on any third-party website, including dummy websites.
If you find a ZOOP page that you believe violates our Terms, please get in touch with us through any of the ways listed, at info@ZOOP.
7. Appropriate access & conduct of the User
You may not use the ZOOP service or Application for any illegal or unauthorised purpose. International Users agree to comply with all Indian laws & regulations, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information that you submit, & post on to the ZOOP service. Other examples of illegal or unauthorised uses include, but are not limited to:
- Modifying, adapting, translating, or reverse engineering any portion of the service.
- Removing any copyright, trademark, or other proprietary rights notices contained in or on the Site or service.
- Using any robot, spider, application search/retrieval application, or other devices to retrieve or index any portion.
- Creating user accounts by automated means or under false or fraudulent pretences.
- Creating or transmitting unwanted electronic communications such as “spam,” or chain letters to or otherwise interfering with other users’ enjoyment of the service by blocking.
- Submitting data of any third party without such third party’s prior written consent.
- Submitting materials that infringe misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party.
- Transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature.
- Violating any laws, regulations or code of conduct, which are in force.
While ZOOP prohibits such conduct on its Site/Application, you understand and agree that you nonetheless may be exposed to such misuse or blocking by other users and that you use our services at your own risk.
Without specific approval from ZOOP, you shall not, directly or indirectly, pass on any material provided by ZOOP, whether or not through this Application/Site, to other organizations or individuals outside your organization or any third party. You also agree not to share your access details (login and password) whether on the Site or to any service, with any other person or third party within or outside the organization.
For using the CKYC search and download, ZOOP uses the Central KYC Registry (CKYCR) by Fintelligence Data Science Pvt Ltd, only for the purpose of verification of identity and address from the database of CKYCR Registry. You understand that your KYC Record includes your KYC Records/Personal information such as your name, address, date of birth, PAN number etc.
8. Copyrights, trademarks and Intellectual Property Rights
Unless otherwise stated, all copyright and all intellectual property rights in all material presented on the Site/Application (including but not limited to text, audio, video, or graphical images), trademarks, and logos appearing on the Site/Application are the property of ZOOP, its parent, affiliates, subsidiaries and associates and are protected under applicable laws. Any infringement shall be vigorously defended and pursued to the fullest extent permitted by law. It is hereby clarified, that the User hereby grants ZOOP a non-exclusive, royalty-free license to use its/the body corporate’s logo/trademark that the User represents ("Logo") solely for the purpose of including the Logo in ZOOP&aposs marketing materials, including but not limited to promotional materials, and digital content to reflect the User as a part of ZOOP’s customer base. ZOOP may exercise the rights granted herein without seeking further consent or approval from the User provided that ZOOP shall not use the Logo in any manner that could diminish its distinctive character or harm the goodwill associated with the Logo in any manner whatsoever.
a) Copyright Infringement
As ZOOP asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to ZOOP violates your copyright or any intellectual property rights, you are encouraged to notify us. We will respond to all such notices, which may include as required or appropriate removing the infringing material or disabling all links to the infringing material. In case any User infringes the copyrights or other intellectual property rights of ZOOP or others, ZOOP may, at its discretion, terminate or deny access to and use of the Site/Application. In the case of such termination, ZOOP will have no obligation to provide a refund of any amounts previously paid to ZOOP.
b) Limited Permission to Copy
You shall not disseminate or extract any information provided by the Site/Application to any third parties or affiliates or partners without ZOOP’s prior permission.
9. Rights of ZOOP
ZOOP reserves the right to restrict the User from using the services without any prior notice for any violation of these Terms. By submitting or furnishing any information, data or details on or through the application/services, you automatically grant to us non-exclusive, permission & right to hold & store your, such personal information, data or details and related information. Our use of your personal information is governed by our Privacy Notice.
10. Refund Policy
ZOOP does not entertain any request or demand for refund of any fees paid towards the subscription of any services that ZOOP provides. The fees paid towards the subscription shall not be refunded unless such claim arises due the breach in any terms of services by ZOOP.
11. Cookies
To personalize your experience on our Site/Application, we may assign your computer browser a unique random number called a cookie. “Cookies” enhance website/application performance in important ways like personalizing your experience, or making your visit more convenient. ZOOP or its affiliates or vendors may use this data to analyze trends and statistics and keep track of the domains from which people visit and also measure visitor activity on the Site/Application, but in doing so ZOOP shall keep the information anonymous. If you do not want your transaction details used in this manner, you can either disable your cookies or opt out at the request page. For any additional information on cookies we use, kindly refer to our Cookie Notice available on our Site.
12. Indemnification
You agree to defend, indemnify, and hold harmless ZOOP and/or its associate entities, their officers, directors, employees, and agents, from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site/Application material or any breach of these Terms arising from your use/misuse of the Site/Application.
13. Disclaimer of Warranties and Liability
All the contents of this Site/Application are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Application is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Application. ZOOP does not guarantee the accuracy, completeness, or timeliness of the data or information available on the Site/Application or through the services. The information from or through this Application is provided on an “AS IS” basis, and all warranties, expressed or implied of any kind, regarding any matter pertaining to any goods, service, or channel, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement are disclaimed and excluded.
ZOOP, its directors, employees, agents, representatives, and the authors and its parent, affiliates, and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Site/Application or any of its contents, or from any act or omissions as a result of using the Application or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of the information contained on the Application. No representations, warranties, or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability, or applicability of the information to a particular situation. ZOOP, its directors, employees, agents, and representatives disclaim all any direct, indirect, special, or consequential damages, or loss arising from using the services provided by ZOOP.
Certain links on the Site lead to resources on servers maintained by third parties and external to ZOOP. You agree and understand that by visiting such websites or applications you are beyond the ZOOP website or application. ZOOP, therefore, neither endorses nor offers any judgement or warranty and accepts no responsibility or liability for the authenticity/availability of any of the goods/services/or for any damage, loss or harm, direct or consequential or any violation of local or international laws that may be incurred by your visit and/or transaction/s on these websites or applications.
14. Termination of access
ZOOP may terminate or revoke your access to all or any part of the Site at any time, with or without cause, with or without notice. If you wish to terminate your ZOOP account, you may simply discontinue using ZOOP. In addition, ZOOP can terminate the service immediately as part of a general shut down of our services. All provisions of these Terms, which by their nature shall survive termination, including, without limitation, ownership provisions, intellectual property rights, warranty disclaimers, indemnity and limitations of liability. If you or ZOOP terminates your use of the Site, ZOOP may delete any content or other materials relating to your use of the Site, its related sub-domains, mobile applications, sites, services and tools and ZOOP will have no liability to you or any third party for doing so.
15. Limitation of Liability
In no event will ZOOP, its directors, officers, employees or agents be liable with respect to any subject matter of this Terms under any contract, negligence, strict liability or other legal or equitable theory for:
- (i) any special, incidental or consequential damages
- (ii) the cost of procurement of substitute products or services;
- (iii) for interruption of use or loss or corruption of data; or
- (iv) for any amounts that exceed the amounts paid by you to under these Terms in respect of the order under dispute or the amount paid to ZOOP in respect of the usage for the past 6 months, whichever is lower. ZOOP shall have no liability for any failure or delay due to matters beyond our reasonable control. The foregoing shall not apply to the extent prohibited by any applicable law.
16. General Representation and Warranty
You represent and warrant that your use of the Site/Application will be in strict accordance with the ZOOP Privacy Notice, these Terms and with all applicable laws and regulations.
17. Usage Conduct
You shall solely be responsible for maintaining the necessary resources including computer equipment and internet connections that may be required to access use and transact on ZOOP.
You are also under an obligation to use ZOOP for reasonable and lawful purposes only, and shall not indulge in any activity that is not authorised through ZOOP.
18. Electronic Communication
You agree that we may communicate with you by email or by posting notices on the Site. You agree that all Terms, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. ZOOP requires your contact details during the registration process to send you promotional emails to let you know about any new changes, features or promotional activities added to the Site. If, at any time, you decide that you do not wish to receive promotional emails, you can opt out of receiving such promotional emails by clicking on the link at the bottom of any promotional email.
19. Force Majeure
ZOOP shall have no liability to you for any interruption or delay in access to the Site/Application irrespective of the cause. A “Force Majeure” event shall be one where there is any cessation, interruption or delay in the performance of ZOOP’s obligations due to causes beyond its reasonable control, including but not limited to: technical, earthquake, flood, or other natural disaster, acts of God, labour controversy, civil disturbance, war (whether or not officially declared) or the inability to obtain sufficient supply of service, transportation, or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law, regulation, judgement or decree. Without limiting the foregoing, under no circumstances shall ZOOP be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light or air conditioning of your information and or data received and or stored or any of our service/s.
20. Governing Law
These Terms shall be governed by the laws of India. The Courts at Pune,Maharashtra,India shall have exclusive jurisdiction over any disputes arising under these Terms.
21. Changes to these Terms
We reserve the right to add to or change/modify the terms of this Terms including but not limited to suspending/cancelling, or discontinuing any or all service at any time without notice, making modifications and alterations in any or all of the content, products, and services contained on the Application without prior notice. You are responsible for regularly reviewing these Terms of Service so that you will be apprised of any changes. You will be deemed to have accepted such change/s if you continue to access the Application subsequent to such changes. Information Collected ZOOP will only collect, store, use, and share your personal information (including email address) as it is defined by our Privacy Notice and as regulated by Indian laws.
22. Entire Terms
These Terms of Service constitute the entire Terms between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or Terms, written or oral, regarding such subject matter.
There are risks associated with utilizing internet and short messaging system (chat) based information and research dissemination services. Users are advised to understand that the services can fail due to failure of hardware, software, and internet connection. While we ensure that the email/messages are delivered in time to the user/subscribers, the delivery of these email/messages to the customer’s email inbox or message center is the responsibility of the email/messenger’s service provider network. Email/messages may be delayed and/or not delivered to the user/subscriber’s inbox or chat box on certain days, owing to technical reasons that can only be addressed by the service provider, and ZOOP who owns ZOOP and group companies associated with it and/or its employees cannot be held responsible for the same.
ZOOP hereby expressly disclaims any implied warranties imputed by the laws of any jurisdiction. We consider ourselves and intend to be subject to the jurisdiction only of the courts in Pune, Maharashtra, India. If you don’t agree with any of our Terms and disclaimers please do not use our Site/Application or any services associated to ZOOP. ZOOP shall have no legal liabilities whatsoever in any laws of any jurisdiction other than India. We reserve the right to make changes to our Site/Application and these disclaimers, Terms at any time.
23. Contact Us
If you come across any abuse or violation of these Terms or in case of any suggestions or complaints, kindly contact us at info@zoop.one
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