TERMS
OF USE
Zaaroz
Services Private Limited (“Zaaroz” / “We”/ “Us”/ “Our”)
is engaged inter alia in the service of providing delivery of food,
grocery and FMCG products and their respective web and/or mobile applications
(“Platform”).
These
Terms of Use (“Terms”) govern the use of our Platform and/or the web
application and is a legally binding agreement between
You and Us regarding Your use of our Platform. For matters regarding your
privacy, please refer to our Privacy Policy at https://zaaroz.in/page/privacy-policy
which discusses our practices on processing of personal information, which is
to be read along with this Terms. We reserve the right to revise these Terms at
any time by posting an update to this page. Your continued use of the Platform
following the posting of changes to these Terms will mean You accept those
changes.
THIS
TERMS OF USE IS AN ELECTRONIC RECORD IN ACCORDANCE WITH THE INFORMATION
TECHNOLOGY ACT, 2000 AND THE RULES FRAMED THEREUNDER. THIS ELECTRONIC RECORD IS
GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL
SIGNATURE. YOU ACKNOWLEDGE AND AGREE THAT BY BROWSING THE PLATFORM OR USING THE
PLATFORM AND/OR ITS SERVICES, YOU HAVE AGREED TO BE BOUND BY THESE TERMS AND
ANY ADDITIONAL TERMS THAT MAY APPLY. IN THE EVENT THAT YOU DO NOT AGREE TO THIS
TERMS, YOU SHALL REFRAIN FROM ACCESSING THE PLATFORM AND/OR AVAILING OF THE
SERVICES.
1.
DEFINITIONS
1.1 Affiliate
of Zaaroz shall mean and refer to any
Person that directly or indirectly Controls, is Controlled by, or is under
common Control with Zaaroz.
1.2 Agreement means
collectively this Terms, the Privacy Policy and any other documentation relating
to Your use of Our Platform and/or the Services.
1.3 Anonymized
Data means the data derived that has been
anonymized by removing all personal/ identifying information, along with information
about the source of such data.
1.4 Content
shall mean and refer to the content of the
courses offered by Zaaroz on the Platform and all other information and content
of any kind that is as provided on the Platform or as part of the Services.
1.5 Control means
the power, direct or indirect, whether by ownership of equity or voting
interests, contract or otherwise to (i) direct or cause the direction of the
management and policies of the Person; or (ii) appoint the majority of the
board or other governing body of the Person. Additionally, ownership of more
than 50% of the voting securities or other ownership interest in a Person shall
be deemed to constitute Control.
1.6 End
User Data means any data, information, and
materials about You provided to Us and/or by You through usage of our Services
or the Platform, or otherwise obtained by us, including, without limitation,
information about your Account (e.g., login credentials) and your personal
information. To further understand what kinds of data We collect from or about You,
please refer to our Privacy Policy.
1.7 Guardian
shall mean and refer to parent or legal
guardian of a minor.
1.8 Intellectual
Property means all patent rights (including
utility models), copyrights, moral rights, trademark and service mark rights,
trade secret rights, and any other similar proprietary or intellectual property
rights (registered or unregistered) throughout the world, together with all
applications for any of the foregoing.
1.9 Minor means
an individual who is less than the minimum age prescribed under applicable law
to provide consent or to enter into contracts, provided that in no event will
such age be less than 18 years.
1.10 Party means
Zaaroz and the User individually; and "Parties" means Zaaroz and
the User collectively.
1.11 Person means
any individual, partnership, limited liability partnership, limited liability
company, body corporate, corporation, association, society, trust or other
entity or organization, whether or not a juridical person.
1.12 Platform
has the meaning ascribed to the term in the introduction of these Terms.
1.13 Privacy
Policy means Zaaroz’s privacy policy
available at https://zaaroz.in/page/privacy-policy.
1.14 Representatives
means and includes all agents and
representatives of a Person, including without limitation, its employees,
consultants, directors, officers and any other representative of the Person and
its Affiliates.
1.15 Services means
the services offered by Zaaroz to You as under a contract executed with You or
Your Institute, or otherwise via the Platform.
1.16 Terms
mean these Terms of Use.
1.17 Third
Party Platform means third party creator economy
platforms including social networking platforms that allow its users to share
pictures, videos or other content, or any other Person as may be expressly
approved by End User.
1.18 User/You
shall mean and refer to any User(s) registered on the Platform or any other Person
using or accessing the Platform.
2.
CAPACITY TO USE THE
PLATFORM
2.1 It
is Your responsibility to ensure that You have made all necessary arrangements
in order to access the Platform. We shall not be responsible for any
charges/fees/costs incurred by You for any reason whatsoever. You are
responsible for ensuring that all persons who access the Platform through Your
internet connection are aware of these Terms and the other applicable terms and
conditions/policies mentioned and comply with them.
2.2 By
accepting this Agreement and/or by using the Platform and its Services, You hereby
agree and confirm that you have all necessary right, title and capacity to do
so. You hereby represent and warrant that:
·
You are not a Minor (if
you are a Minor, please refer to Clause 2.3 below);
·
You have the lawful
authority and capacity to contract and be bound by these Terms;
·
You are restricted or
disallowed from entering into this Agreement in any way under any applicable
laws;
·
You will comply with all
applicable laws and regulations.
2.3 If
You are accepting the Agreement on behalf of any Person other than yourself,
including a Minor, You hereby represent and warrant that: (i) You have full
legal authority to bind that Person to the Agreement; (ii) You have read and
understand this Agreement; (iii) You agree to the Agreement on behalf of the
Person that You represent; and (iv) You are responsible for all actions of such
Minor or individual, and for their compliance with this Agreement. It is hereby
clarified that the Platform should not be used or accessed by a Minor without
the explicit consent to do so of its Guardian. In the event that You become
aware of your child or ward using the Platform and/or Services without consent
of a Guardian, you are requested to immediately notify Us or the Institute
regarding the same.
IN
THE EVENT THAT YOU ARE UNABLE TO REPRESENT, WARRANT OR AGREE TO ANY OF THE
ABOVE, PLEASE DO NOT ACCEPT THIS AGREEMENT OR ACCESS THE PLATFORM AND SERVICES.
3.
ACCESS AND USE OF THE
PLATFORM
3.1 In
order to access and avail the Services, Users shall register on the Platform by
creating an account. You hereby agree and undertake that You shall provide
accurate and complete personal information while registering and creating Your
account and while using the Platform and the Services. You are solely
responsible for any and all activity that occurs on Your account, and You shall
ensure the security of Your account. You are responsible to maintain Your
account details and information confidential and to protect Your privacy.
3.2 You
hereby undertake to immediately notify Us in the event of any breach of
security or unauthorized use of Your account within twenty-four (24) hours of
the same. You shall assist and cooperate with Us in the process of taking
appropriate action and steps to mitigate the consequences of such unauthorized
access or breach of security. It is hereby clarified that You shall be held
solely and absolutely liable to Us and any other third parties if applicable
for any costs/damage/loss or other adverse consequences of such breach or
unauthorized access/use.
3.3 You
shall not share Your account details and credentials to any other person in
order to share access to the Platform/Services. Further, You shall not access
or use the Services on the Platform in any manner other than through Your
registered account on the Platform.
3.4 In
the event that You revoke one or more permissions provided by you to Us through
the Platform or in any other manner, you may not be able to utilize the
Services that require such permissions. However, we may continue to hold your
End User Data in accordance with the Privacy Policy. If you would like us to
delete your End User Data, you must make a request for termination and/or
deletion of data. If you are a Student or Guardian and should you wish to
ensure that any data held by an Institute is deleted, you would need to contact
the Institute directly, and Zaaroz is not responsible for the Institute’s
actions in any manner.
3.5 Zaaroz
collects, stores, processes and uses Your information in accordance with its
Privacy Policy. By using the using the Platform, You will be required to
provide Your personal information. You will not take any action that interferes
with, degrades or adversely affects Zaaroz and/or the Platform.
3.6 Zaaroz
hereby grants to Users who have obtained a license to access the Platform based
on a contract entered into and executed by the Institute and Zaaroz, a limited,
personal, non-exclusive, non-transferrable and non-sub licensable right to use
the Platform, solely for Your own personal, non-commercial use, subject to the
Terms. Your
access and use of the Platform shall be subject to the following
representations and warranties:
a) You
may
only access the Platform using authorized and lawful means, in compliance with
all applicable laws;
b) You
shall not use the Platform in a manner that may disrupt a third parties use of
the same or that may violate or tamper with the security of the Platform.
c) We
shall not be liable for any failure or default to provide access to the
Platform on account of any failure or delay by You to register with the
Platform for such access or due to any other reasons whatsoever;
d) You
agree not to distribute in any medium any part of the Service or the Content
unless Zaaroz makes available the means for such distribution through
functionality offered by the Service;
e) You
agree not to (and agree to not authorize, permit of encourage any Person to) (i)
reverse engineer, disassemble, decompile or prompt to discern the source code
or interface protocols of the Services, Content or the Platform; (ii) copy,
alter, modify, translate, reproduce, transmit, publish, adapt, distribute,
transmit, broadcast, display; or (iii) resell, distribute, license, or
otherwise exploit or distribute any part or whole of the Platform, the Services
or the Content for any purposes and in any manner whatsoever. Zaaroz and its
licensors reserve all rights not expressly granted in and to the Services and
the Content;
f) You
shall not (i) save, store, download or archive any portion of the Services
and/or the Content unless explicitly authorized to do so by Zaaroz;
g) You
shall not (i) remove or modify any proprietary markings or restrictive legends
placed by Us on any of the Content or anywhere on the Platform; (ii) use the Platform
or Services in violation of any applicable law, or to build a competitive
product or service, or for any purpose not specifically permitted by Us; (iii)
circumvent any processes, procedures, or technologies that have been
implemented by Us for safeguarding the Services or Content or any of our
property; and (iv) impersonate any Person or falsely state or otherwise
misrepresent your affiliation with a Person.
h) You
agree not to access Content through any technology or means other than the
video playback pages of the Service itself or through any other means
explicitly authorized by Zaaroz or that it may designate;
i) It
is hereby clarified that it shall not be deemed as a violation of these Terms
if You engage in the sharing of hyperlinks to the Services or the Platform on
social media platforms for the sole purpose of spreading public awareness and
information of the same to which Zaaroz does not raise any objection.
3.7 Unless
otherwise agreed to in writing between the Parties, You agree not to use the
Service for any of the following commercial uses :
a) The
sale of access to the Platform and/or Services;
b) The
sale of advertising, sponsorships, or promotions placed on or within the
Service or Content; or
c) The
sale of advertising, sponsorships, or promotions on any page of an ad-enabled
blog or website containing Content delivered via the Service, unless other
material not obtained from Zaaroz appears on the same page and is of sufficient
value to be the basis for such sales.
3.8 If
You use the Platform, You agree that it may automatically download and install
updates from time to time from Zaaroz. These updates are designed to improve,
enhance and further develop the Platform use and experience and may take the
form of bug fixes, enhanced functions, new software modules and completely new
versions. You agree to receive such updates (and permit Us to deliver these to
You) as part of Your use of the Platform.
3.9 You
will not use the Platform, or any portion thereof, to transmit, publish, post,
upload, distribute or disseminate any inappropriate, harassing, abusive,
defamatory, slanderous, wrongful, tortious, libelous, obscene, illegal or
deceptive Content. The Content You post must not contain or install any
viruses, worms, malware, Trojan horses or other harmful or destructive content
and it is not spam or randomly generated. You shall also not use the Platform to store,
distribute or transmit material that (i)infringes any intellectual property
rights, privacy rights, publicity rights or any other proprietary rights or
other rights of any Person; (ii) facilitates or promotes illegal activity or
illegal goods/services;
(iii) introduces any harmful, malicious, or hidden code, programs, procedures,
routines, or mechanisms into the Platform, Services or any Third Party
Platform, service or property; or (iv) We believe is inappropriate in any
manner. It must not contain any unethical or unwanted commercial content
designed to drive traffic to third party sites or boost the search engine
rankings of third-party sites, or to further unlawful acts (such as phishing)
or mislead recipients as to the source of the material (such as spoofing) and content
must not be pornographic, must not contain threats or incite violence towards
individuals or entities, and does not violate the privacy or publicity rights
of any third party. Further, You agree not to use or launch any automated
system, including without limitation, “robots”, “spiders”, or “offline readers”
that accesses the Platform in a manner that sends more request messages to Zaaroz
servers in a given period of time than a human can reasonably produce in the
same period by using a conventional on-line web browser.
3.10 In
the event that you fail to meet your obligations under this Clause 3, We
reserve the right, without prejudice to other rights available to Us in law or
otherwise, at its sole discretion, to undertake any or all of the following
actions: (i) Disable your access to the Services and/or the Platform
(temporarily or permanently); (ii) Take necessary or requisite legal action
against you; (iii) Remove any material that is, in Our opinion, contrary to the
terms of the Agreement.
4.
DEPENDANCIES ON THIRD
PARTY PLATFORMS
We
may from time to time connect with Third Party Platforms to extract End User
Data from them only as permitted and authorized by You. Since a part or whole
of our Services depends on the data stored with the Third Party Platform, the
correctness and validity of End User Data stored/ provided by Us depends on the
correctness and validity of the data maintained by the You on Your account with
the Third Party Platform.
5.
MODIFICATION OF THE PLATFORM
Zaaroz
is entitled to modify its Platform and the Services offered therein from time
to time by adding, deleting or modifying the features, tools, and/or content
and any other part of the Platform or Services, with or without prior notice to
You.
6.
DATA AND PRIVACY
6.1 We
are committed to transparency in Our use of Your data and we have set out
exhaustively our practices and procedures in relation the personal data and
information in the Privacy Policy. If the terms of our Privacy Policy is not
agreeable to You, please do not use the Platform and the Services.
6.2 It
is hereby clarified that we do not have any control over data that may be
obtained and retained by any Person (including a Third Party Platform), and in
case you have any grievance or issues in relation to such Person, you will need
to contact the relevant Person and your rights in relation to such Person shall
be governed by the policies and procedures of that Person.
6.3 Zaaroz
is entitled to use and process non-personal data, which includes without
limitation, Anonymised Data, aggregated data, data regarding your usage of the Platform
and the Services, for any purpose including creating and publishing statistics,
marketing, product development, business development, and research related
activities that it may undertake either by itself or through any third parties
including its service providers. We are also entitled to copy, use, store,
modify, display, transfer, sell, rent, license, or otherwise deal with and
exploit non-personal data for any purpose at all times, including after you
stop using the Services and/or the Platform.
6.4 We
will be entitled to use, store, modify, exploit, transfer or otherwise deal
with any and all feedback and suggestions provided by you with respect to the
Services and the Platform in any manner as we deem fit at our discretion. You
hereby grant Zaaroz with a perpetual, irrevocable, royalty-free license to do
any or all of the aforesaid, without any form of compensation or attribution to
you or any third party. Please do not share any personal information with us by
email, we cannot guarantee its security.
7.
INTELLECTUAL PROPERTY
RIGHTS
7.1 No
transfer of ownership of any Intellectual Property is contemplated by way of
this Agreement other than the limited right and license to use the Services and
the Platform as granted by Us to You. Zaaroz shall retain ownership all rights
and titles over the Services and the Platform including any improvements,
modifications or adaptations created or compiled by Us, irrespective of whether
registered or not.
7.2 In
the event of any allegation with respect to infringement of the copyright of a
third party in relation to any Content on the Platform, You shall notify us of
the same by contacting us on the contact details given below. Based on the
grievance/allegation made by You, We shall determine, in its sole discretion
the legitimacy of such allegation based on the claims and supporting evidence
provided by You and Our independent investigation into the same, the
appropriate course of action to be taken as per applicable laws of the land,
including but not limited to removal of such part of the Content.
8.
REPRESENTATIONS AND
WARRANTIES
8.1 Each
Party represents and warrants to the other that (i) this Agreement has been
duly executed and delivered and constitutes a binding agreement enforceable
against the executing Party in accordance with its terms; (ii) no authorization
or approval from any third party is required in connection with the execution,
delivery, or performance of this Agreement by the executing Party; and (iii)
the execution, delivery, and performance of this Agreement by the executing
Party do not violate the laws of any jurisdiction or the terms or conditions of
any other agreement to which it is a party or by which it is otherwise bound.
8.2 You
hereby further represent and warrant to Zaaroz that: (i) you own the End User
Data, or have and will continue to have the necessary licenses, rights,
consents, and permissions to authorize Us to use the End User Data in
accordance with this Agreement or as otherwise instructed by you, (ii) the End
User Data is true, correct, and complete, (iii) you have all necessary
licenses, rights, consents, and permissions as may be required from any Person
to enter into this Agreement and permit Zaaroz to perform their obligations and
exercise their rights under this Agreement without liability, and (iv) you are
not violating any agreements you may have with any Platform, any Client, or any
third party by entering into this Agreement.
9.
INDEMNIFICATION
9.1
You agree to
indemnify, defend, and hold harmless Zaaroz and its Affiliates, successors and
assigns against any and all claims (including third party claims), losses,
damages, and costs (including reasonable attorneys’ fees and expenses) of any
nature arising out of or related to: (i) breach of any of the terms of this
Agreement or failure of any of your representations or warranties, (ii) your
improper use of the Platform and/or the Services (including without limitation
violation of Clause 3 of this Agreement), (iii) your violation of any third
party rights such as third party rights to Intellectual Property or other
proprietary rights, violation of confidentiality obligations, publicity rights,
privacy rights etc., (iv) your violation of any applicable law, (v) any dispute
or claim between you any and Third Party Platform(s), and/or (vi) your gross
negligence, wilful misconduct or fraud.
9.2
We are entitled to
assume the exclusive defense and control (at your expense) of any matter that
is subject to indemnification under this clause. You agree to provide
reasonable assistance to us in connection with any such claims or proceedings.
10.
LIMITATION OF LIABILITY
10.1 Zaaroz
shall assume no responsibility and shall not be liable for any loss or damage
which may affect Your computer equipment or other equipment/ property (including
software) arising out of Your use of the Platform or access to or browsing of
the Platform.
10.2 Notwithstanding
anything to the contrary: (i) under no circumstances will We be liable to You
for any damages, direct or indirect losses whatsoever (including, without
limitation, incidental, reliance, or consequential, or special damages, whether
or not foreseen, lost profits, or damages resulting from lost data or business
interruption) on account of Your use, misuse, or reliance on the information
relating to our Services, provided on the Platform; this limitation of
liability shall apply to prevent recovery of direct, indirect, incidental,
consequential, special, exemplary, or punitive damages arising from any claim
relating to this Terms or the subject matter hereof, whether such claim is
based on warranty, contract, tort (including negligence), or otherwise any
other legal theory even if We have been advised of the possibility of such
damages; and (ii) Zaaroz’s total aggregate
liability to You arising out of or in relation to this Agreement or your use of
the Services or the Platform shall be a maximum of INR 5,000/. We hereby
disclaim any and all liability thereafter.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE
ENTIRE RISK ARISING OUT OF YOUR USE OF THE PLATFORM REMAINS SOLELY WITH YOU AND
ZAAROZ DOES NOT GUARANTEE THE AVAILABILITY, ACCURACY, OR RELIABILITY OF THE PLATFORM
AND/OR ITS CONTENT.
11.
DISCLAIMER
OTHER THAN AS SET OUT IN
THIS AGREEMENT ZAAROZ MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO THE PLATFORM AND THE SERVICES OR OTHERWISE RELATING TO
THIS AGREEMENT, AND ZAAROZ SPECIFICALLY DISCLAIMS ALL IMPLIED AND STATUTORY
WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY
RIGHTS, MERCHANTABILITY, ACCURACY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE,
AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT
WARRANT THAT THE PLATFORM AND THE SERVICES WILL SATISFY YOUR REQUIREMENTS, OR
THAT THE PLATFORM OR SERVICES IS WITHOUT DEFECT OR ERROR, OR THAT THE OPERATION
OF THE PLATFORM AND SERVICES SHALL BE UNINTERRUPTED. ZAAROZ CANNOT GUARANTEE
THE CONTINUED AVAILABILITY OF THE SERVICES, AND MAY CEASE PROVIDING THEM.
FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING ANY PLATFORM OR ANY
DATA BEING MAINTAINED BY ANY THIRD PARTY, ITS ACCURACY, COMPLETENESS, OR
CURRENTNESS. WE DO NOT CONTROL OR HAVE ANY CONTRACTUAL RELATIONSHIP WITH ANY
THIRD PARTY MAINTAINING THE DATA THAT IS BEING ACCESSED BY THEM OR THE USER,
AND HAS NO OBLIGATION TO, VERIFY OR REVIEW SUCH DATA. YOUR RELIANCE ON ANY
THIRD-PARTY DATA IS AT ITS OWN RISK. WE DO NOT EXERCISE ANY EDITORIAL CONTROL
OVER THE END USER DATA, NOR DO WE ASSUME ANY LEGAL OBLIGATION FOR EDITORIAL
CONTROL OF END USER DATA OR ANY LIABILITY IN CONNECTION WITH THE END USER DATA,
INCLUDING ANY RESPONSIBILITY OR LIABILITY FOR INVESTIGATING OR VERIFYING THE
ACCURACY THEREOF.
12.
GOVERNING LAW,
JURISDICTION AND DISPUTE RESOLUTION
12.1 This
Agreement shall be governed by the laws of India. Without prejudice to any and
all disputes arising out of this Agreement shall be subject to the exclusive
jurisdiction of the courts at Chennai, Tamil Nadu, India.
12.2 Should
amicable discussions between the Parties not prove successful in resolving
disputes arising out of or in connection with this Agreement, the dispute,
including disputes relating to a question on the existence, validity, or
termination or interpretation of this Agreement, shall be referred to and
finally resolved by arbitration before a sole arbitrator mutually appointed by
the Parties. The language of the arbitration shall be English. The seat of the
arbitration shall be Chennai, and the arbitration shall be conducted in
accordance with the rules prescribed by the Arbitration and Conciliation Act,
1996 as amended from time to time (which is deemed to be incorporated into this
Agreement by reference).
12.3 Equitable
relief: You hereby acknowledge and agree that in the event
of a breach or threatened violation of Zaaroz Intellectual Property rights,
and/or confidential information (including proprietary information) by you, We
shall suffer irreparable harm and will therefore be entitled to injunctive
relief to enforce the Agreement. We may, without waiving any other remedies
under this Agreement and under law, seek from any court having jurisdiction any
interim, equitable, provisional, or injunctive relief that is necessary to
protect Our rights and property.
13.
NOTICES
All notices
and legal communication of any kind that you intend to send to Zaaroz shall be
sent to the following email address: sales@zaaroz.com. All notices and legal
communication of any kind to be sent to the User shall be sent to the email
address provided to Zaaroz by You.
14.
TERMINATION
If you wish to terminate the Agreement,
please inform Zaaroz by emailing us at the address provided in Clause 13. Upon
receipt of your request to terminate, we will delete all of Your End User Data.
You may be required to provide additional information necessary to confirm your
identity before we can respond to Your request. On receipt of Your request to
terminate and deletion of Your End User Data, the Agreement shall stand
terminated and we will no longer be able to provide You with the Services and
access to the Platform. You hereby agree to indemnify Zaaroz against any claims
arising from your Institute relating to your termination of the Agreement.
We reserve the right, in our sole
discretion, to restrict, suspend, or terminate your access to all or any part
of the Services or Platform and/or this Agreement, at any time and for any
reason with or without prior notice or liability.
15.
SURVIVAL
Upon termination/expiry
of the Agreement, those provisions which reasonably ought to survive, given the
intention of the Parties as set out in this Agreement, shall survive. Without
prejudice to the generality of the foregoing, the following clauses shall survive
termination or lapse of this Agreement: Termination, Intellectual Property
Rights, Indemnification, Limitation of Liabitlity, Notices, Force Majeure,
Governing law and Dispute Resolution, Waiver, and Survival.
16.
SEVERABILITY
If any provision of these Terms is held to
be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced to the fullest extent under law.
17.
FORCE MAJEURE
Neither Party will be liable for any delay or failure to perform as
required by the Agreement as a result of any cause or condition beyond its
reasonable control.
18.
ASSIGNMENT AND
SUBCONTRACTING
We may assign or transfer these Terms, in
whole or in part, to any affiliated company or in connection with any
acquisition, consolidation, merger, reorganization, transfer of all or
substantially all of our assets or other business combination, or by operation
of law without Your consent and without providing notice. We may subcontract
our obligations hereunder, provided that we shall at all times remain fully
responsible for the performance of any subcontractor. You may not assign or
transfer any part of these Terms, or delegate Your duties or responsibilities
under these Terms, by business combination, operation of law or otherwise
without our prior written consent. Subject to the foregoing, these Terms will
bind and benefit the parties and their respective successors and permitted
assigns.
These Terms and any rights and licenses granted
hereunder, may not be transferred or assigned by You, but may be assigned by Zaaroz
without restriction.
19.
NO WAIVER
Our failure to act on or
enforce any provision of the Agreement shall not be construed as a waiver of
that provision or any other provision. No waiver shall be effective against us
unless made in writing, and no such waiver shall be construed as a waiver in
any other or subsequent instance.
20.
ADVERTISEMENTS
Zaaroz reserves the right to display advertisements on the Platform and
such advertisements may contain links to third-party websites. Your access of
such third-party website is purely at Your own risk and We shall not
be liable or responsible actions of such third-party. The terms of use and
privacy policy of such third-party website will be different from Ours
and we encourage You to read through the
same before accessing such website as a prudent practice.
21.
ENTIRE
AGREEMENT
These
Terms together with the Privacy Policy published by us on the Website, and any
Agreement between You and Zaaroz, if applicable, which is entered into for
availing our services, shall constitute the entire agreement between You and Zaaroz
concerning the Platform/Services.
22.
GRIEVANCE
OFFICER
In
accordance with the provisions of applicable laws, the name and contact details
of the Grievance Officer are provided below:
· Email:
complaints@zaaroz.com
· Timings:
7.00 AM to 10.00 PM IST
· Phone:
+91-7590945909
23.
CONTACT
DETAILS
In case of any questions, queries,
feedback, comments, or concerns about any of the terms of this Terms, You are
requested to contact us through e-mail at complaints@zaaroz.com or by mail then
to 22 VKA Nagar, 1st Floor, Ammapetai, Chidambaram, Tamil Nadu, India-608401.
