TERMS OF SERVICE
By using our Services, you are agreeing to these Terms of Service (“Terms”). Please read them carefully. By browsing, accessing the Site or Application or subscribing to or using any of our Services, you agree that you have read, understood and are bound by these Terms.
ZOOMNZEE SERVICES LLP (ZOOMNZEE) (“we” or “us” or “our” or other similar pronouns) offers its users (“you” or “your”) a web and mobile based software application in the name of My Society & Partner, a comprehensive housing society management portal, which conforms the expectations of all society residents, which includes committee members, elder and younger residents. The www.zoomnzee.com website (“Site”), the mobile application (“Application”) and other services offered to you by us may be collectively referred to in these Terms as the “Service(s)”. The term www.zoomnzee.com or “My Society & Partner” is used through this document to refer to the Site/Application, its owners and its employees. The term ‘society administration’ refers to a residential society or residential/housing society administration that has entered in to an agreement with ZOOMNZEE for using the Services.
We may make changes to these Terms of Service from time to time and the same will be published on our website. The changes will be effective when published. You are requested to view these Terms of Service on a regular basis. You understand and agree that your acceptance of these Terms of Service or your use of the Services after the date of publication of the revised Terms and Conditions shall constitute your agreement to the revised terms.
ELIGIBILITY AND ACCESS
Users, who should be above the age of 18, competent to contract as per the laws of India and also the member of the residential society shall be entitled to use the Services.
To register, you must provide your true and correct information as requested while registering.
We may, in our sole discretion, terminate or end the relationship with any user with or without furnishing reasons for the same.
USING OUR SERVICES
You are required to follow any terms and/or policies made available to you within the Services.
By using our Services, you agree that you will not have any right to ownership in ZOOMNZEE and/or any intellectual property rights in our Services or the content accessed by you. The content of our Services may not be used unless you obtain authorization in regard thereto from its owner or are otherwise permitted by law. You are not permitted to use any branding or logos associated with or used in our Services, except as may be specifically permitted by us vide an express agreement.
Pertaining to your use of our Services, we may send you announcements, administrative messages, and other information. You may opt out of these communications should you wish to.
You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Site/Application. Limited reproduction and copying of the content of the Site/Application is permitted provided that ZOOMNZEE’s name is stated as the source and prior written permission of ZOOMNZEE is sought for such reproduction and copying. For the removal of doubts, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Site / Application is not permitted.
If you use the Services, you shall be responsible for maintaining the confidentiality of your display name, login and password details and all activities that occur with the use of your display name, login and password details. You agree that if you provide any information which is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, incomplete, or not in accordance with these Terms, we shall have the right to indefinitely suspend, terminate or block you from accessing the Website.
By using the Services, it is deemed that you have consented to receive calls, autodialed and/or pre-recorded messages, notifications, newsletters and e-mails from us on the mobile/telephone number/e-mail ID provided by you while accessing the Site and/or Application. This includes contacting you through information received from and through other parties. The use of the Site is also your consent to receive SMS from us at any time we deem fit.
You may need an Account in order to access some of our Services. You may create your own Account or Your Account may be assigned to you by us.
You are responsible for maintaining the confidentiality of the User ID and password you choose when you create/assigned your account, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify ZOOMNZEE of any unauthorized use of your password, and (b) ensure that you exit from your account at the end of each session using the Logout link.
ZOOMNZEE cannot and shall not be liable for any consequence directly and/or indirectly arising from your failure to comply with this Section
Since ZOOMNZEE having an arrangement with the residential society, The society administrator has authority to add his society’s members and ZOOMNZEE is not responsible if the society administrator has added his society member without prior intimation to the concerned member..
The society administrator may be able to access or disable your Account. If you become aware of any unauthorized use of your password or Account, please mail us immediately at firstname.lastname@example.org.
Once you have accessed the Site or downloaded the Application and become an account holder/user, you shall be entitled to use the Services upon payment of the annual subscription fee stipulated for such use from time to time. For the avoidance of doubt, it is clarified, the applicable fee with regard to accounts for resident or members of resident society shall be payable by the Society administration to ZOOMNZEE directly.
DELAYS IN SERVICES
ZOOMNZEE (including its and their directors, employees, affiliates, agents, representatives or subcontractors) shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. We shall have no responsibility to provide you access to the Site and/or Application while interruption due to any such cause shall continue.
You acknowledge that the information provided through the Site and/or Application is compiled from sources which are beyond the control of ZOOMNZEE. Though such information is recognized by the parties to be generally reliable, you acknowledge that inaccuracies may occur and ZOOMNZEE does not warrant the accuracy or suitability of the information. For this reason, as well as the possibility of human and mechanical errors and other factors, you acknowledge that the Site and/or Application is provided to you on an “as is, with all faults” basis. ZOOMNZEE expressly disclaims any and all warranties, whether express, oral, implied, statutory or otherwise, of any kind to the users and/or any third party, including any implied warranties of accuracy, timeliness, completeness, merchantability and fitness for a particular purpose, as well as any warranties arising by virtue of custom of trade or course of dealing and any implied warranties of title or non-infringement. Further, ZOOMNZEE does not represent or warrant that it will meet your requirements or is suitable for your needs.
You agree that ZOOMNZEE (including its and their officers, directors, employees, affiliates, companies agents, representatives or subcontractors) shall not in any event be liable for any special, incidental or consequential damages arising out of the use or inability to use the Site and/or the Application for any purpose whatsoever. ZOOMNZEE and its affiliates, officers, directors, employees and agents shall have no liability in tort, contract, or otherwise to any user and/or any third party.
COLLECTION AND USE OF PERSONAL INFORMATION
YOUR CONTENT IN OUR SERVICES
You own all of the content and information submitted by you on the Site and/or the Application. In addition:
- For content that is covered by intellectual property rights, like photos and videos (“ZOOMNZEE content”), you specifically grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any ZOOMNZEE content that you post on or in connection with our products (“ZOOMNZEE License”). This ZOOMNZEE License ends when you delete your ZOOMNZEE content or your account, unless your content has been shared with others and they have not deleted it.
- When you delete ZOOMNZEE content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others unless previously shared).
- When you use an application, your content and information is shared with the application. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people outside of the Services, to access and use that information, and to associate it with you (i.e. your name and profile picture).
- We always appreciate your feedback or other suggestions about Services, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- ZOOMNZEE is not liable for loss of any data caused by unforeseen circumstances.
- Should you wish to move your data from the Site and/or Application, we are not liable to provide this data to you in any format.
We do our best to keep our Services safe, but we cannot guarantee it. We look forward to your help to do this, which includes abiding to the commitments incorporated under these Terms.
You are responsible for any notes, messages, e-mails, postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted (collectively, “Content”) to the Site and/or the Application. You may not post, distribute, or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
We may review, edit, reject, refuse to post and/or delete any Content. We may also review, edit, reject, refuse to post and/or delete Content that violates the Terms or which might be offensive, illegal or that might violate the rights, harm or threaten the safety of another person. You shall ensure that any information provided by you shall not be misleading in any way.
- You may not post or transmit Content, (even if made in a joking, sarcastic or unintended manner) if it in any way:
- is offensive such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
(b)harasses or advocates harassment of another person;
(c)involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming”;
(d)promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
(e)infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
(f)promotes an illegal or unauthorized copy of another person’s copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(g)contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(h)provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
(i)provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(j)contains video, photographs, or images of another person (a) age 18 or older without his or her express written consent and permission, or (b) those of any minor (regardless of whether You have consent from the minor or his or her legal guardian);
(k)tries to gain unauthorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(l)engages in commercial activities and/or sales;
(m)contains viruses, time bombs, Trojan horses, cancelbots, worms or other harmful or deleterious components or devices;
(n)interferes with another user’s use and enjoyment of the Site/Application or any other individual’s use and enjoyment of similar services; or
(o)refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Site/Application, contains content that would be prohibited on the Site/Application, or violates the letter or spirit of these Terms.
In addition to the above, you shall ensure that:
- You will not send or otherwise post unauthorized commercial communications (such as spam) on our Services.
- You will not collect users’ content or information, or otherwise access our Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Our Services.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, or harass any user.
- You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use our Services to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of our Services, such as a denial of service attack.
- You will not facilitate or encourage any violations of these Terms.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
- Conduct or forward surveys, contests, or chain letters.
- Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
You must use the Site/Application in a manner consistent with any and all applicable laws and regulations. Illegal and/or unauthorized uses of the Site/Application, including without limitation, collecting usernames and/or email addresses and/or other information of registered members by electronic or other means for any purpose including sending unsolicited email and unauthorized framing of or linking to the Site/Application, are not permitted. This includes the unauthorized interception of the data stream coming from or going into the Site/Application, as well as attempting to gain unauthorized access to the Site/Application or exceeding your authorized access.
It is also a violation of these Terms to use any information obtained from the Site/Application in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person outside of the Site/Application without their prior explicit consent.
You understand that ZOOMNZEE has the right at all times to disclose any information (including the identity of the persons providing information or materials on the Site/Application) as necessary to satisfy any applicable laws, regulations or governmental request. This may include, without limitation, the disclosure of the information in connection with the investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
It is possible that other users (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Site/Application and that you may be exposed to such offensive or obscene materials. It also is possible for others to obtain personal information about you due to your use of the Site/Application, and that the recipient may use such information to harass or injure you. ZOOMNZEE does not approve of such unauthorized uses but by using the Site/Application, you acknowledge and agree that ZOOMNZEE is not responsible for the use of any personal information. Please carefully select the type of information that you disclose or share with others on the Site/Application.
MODIFYING AND TERMINATING OUR SERVICES
We are in the continuous process of changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Services at any time by sending notice to society administration, although we’ll be disappointed to see you go. We may also stop providing Services to you, or add or create new limits to our Services at any time.
OUR WARRANTIES AND DISCLAIMERS
We provide our Services with a commercially reasonable level of skill and care and we trust that you will enjoy using them. But there are some things we do not promise about our Services.
Other than as expressly set out in these terms or additional terms, neither ZOOMNZEE nor its affiliates, suppliers, distributors make any specific promises about the Services. For example, we don’t make any commitments about the content within the Services, the specific function of the Services, or their reliability, availability, or ability to meet your needs. We provide the services “as is”.
COPYRIGHT & NO RETRANSMISSION OF INFORMATION
ZOOMNZEE, as well as the design and information contained in the Site /Application, is the valuable, exclusive property of ZOOMNZEE, and nothing in these Terms shall be construed as transferring or assigning any such ownership rights to you or any other person or entity.
You may not resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database unless separately and specifically authorized in writing by ZOOMNZEE prior to such use. You may not rent, lease, sublicense, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share ZOOMNZEE, any part thereof, or any of the information received or accessed there from to or through any other person or entity unless separately and specifically authorized in writing by ZOOMNZEE prior to such use. In addition, you may not remove, alter or obscure any copyright, legal or proprietary notices in or on any portions of ZOOMNZEE without prior written authorization. Except as set forth herein, any other use of the information contained in the Site/Application requires the prior written consent of ZOOMNZEE and may require a separate fee.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, ZOOMNZEE owns all Intellectual Property Rights to and into the Site/Application, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Site/Application belonging to ZOOMNZEE without obtaining authorization from ZOOMNZEE.
Notwithstanding the foregoing, it is expressly clarified that you shall solely be responsible for any Content that you provide or upload when using any Service, including any text, data, information, images, photographs, music, sound, video or any other material which you may upload, transmit or store when making use of our various Services. However, you expressly agree that by uploading and posting Content on to the Site for public viewing and reproduction/use of your Content by third party users, you grant a non-exclusive license to ZOOMNZEE for the use of the same.
You expressly agree that use of the Site and/or the Application is at your sole risk. The contents, information, software, products, features and services published on the Site / Application may include inaccuracies or typographical errors, changes are periodically added to the contents herein. ZOOMNZEE and/or its respective suppliers may make improvements and/or changes in the Site / Application at any time. This Site / Application may be temporarily unavailable from time to time due to required maintenance, telecommunications interruptions, or other disruptions. ZOOMNZEE (and its owners, suppliers, consultants, advertisers, affiliates, partners, employees or any other associated entities, all collectively referred to as associated entities hereafter) shall not be liable to any user or member or any third party should ZOOMNZEE exercise its right to modify or discontinue any or all of the contents, information, software, products, features and services published on the Site / Application.
ZOOMNZEE and/or its respective associated entities make no representations about the suitability of the contents, information, software, products, features and services contained on the Site / Application for any purpose. All such contents, information, software, products, features and services are provided “as is” without warranty of any kind. ZOOMNZEE and/or its associated entities hereby disclaim all warranties and conditions with regard to these contents, information, software, products, features and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and availability.
in no event shall ZOOMNZEE and/or its associated entities be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of the Site / Application or with the delay or inability to use the site / Application, or for any contents, information, software, products, features and services obtained through the Site / Application, or otherwise arising out of the use of the Site / Application, whether based on contract, tort, strict liability or otherwise, even if ZOOMNZEE or any of its associated entities has been advised of the possibility of damages.
Further, we do not warrant that:
a)this Site/Application will be constantly available, or available at all;
b)the information on this Site/Application is complete, true, accurate or non-misleading;
c)the information will meet your requirements; or
d)the information uploaded or provided by the society administration in connection with the Service is accurate or reliable.
In addition, we shall not liable for any inaccuracy, error, and mistake in the information/message uploaded or provided by the society administration on the Forum.
USE OF MESSAGE BOARDS, CHAT ROOMS AND OTHER COMMUNICATION FORUMS
If the Site / Application contains message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not do any of the following:
Part of the Site or ZOOMNZEE Services may contain advertising information or promotional material or other material submitted to the ZOOMNZEE by third parties. Responsibility for ensuring that material submitted for inclusion on the www.zoomnzee.com /site complies with applicable international and national law is exclusively on the party providing the information or material. Your correspondence or business dealing with, or participation in promotion of advertising including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealing, are solely between you and such advertiser. Before relying on any advertising material, you should independently verify its relevance for your purpose, and should obtain appropriate professional advice. ZOOMNZEE shall not be responsible nor liable for any loss or claim that you may have against an advertiser or any consequential damages arising on account of your relying on the content of the advertisement.
LINKS TO THIRD PARTY SITES
The ZOOMNZEE may contain the links or pointers to other websites but you should not infer or assume that ZOOMNZEE control or is otherwise connected with these other websites. When you click on a link within the www.zoomnzee.com /Site/Application, ZOOMNZEE may not warn you that you left the Site/Application and are subject to the terms and conditions (including privacy policies)of another websites. The linked sites are not under the control of ZOOMNZEE. ZOOMNZEE has not reviewed, nor approved these sites and is not responsible for the contents or omissions of any linked site or any links contained in a linked site. The inclusion of any linked site does not imply endorsement by ZOOMNZEE of other websites.
You shall indemnify, defend and hold harmless ZOOMNZEE (including its and their officers, directors, employees, affiliates, companies, agents, representatives or subcontractors) from any and all claims and losses imposed on, incurred by or asserted as a result of or related TO: (a) your access and use of www.zoomnzee.com (b) any non-compliance of the terms and conditions hereof; or (c) any third party actions related to users www.zoomnzee.com and use of the information, whether authorized or unauthorized.
If there is any conflict between these Terms and other documents, these Terms shall govern, irrespective of whether such other documents is prior to or subsequent to these Terms, or is signed or acknowledged by any director, officer, employee, representative or agent of ZOOMNZEE.
If ZOOMNZEE takes action (by itself or through its associate companies) to enforce any of the provisions of these Terms, including collection of any amounts due hereunder, ZOOMNZEE shall be entitled to recover from you (and you agree to pay), in addition to all sums to which it is entitled or any other relief, at law or in equity, reasonable and necessary attorney’s fees and any costs of any litigation.
These Terms constitute the entire agreement between the parties, and no other agreement, written or oral, exists between you and ZOOMNZEE. By using the information on www.zoomnzee.com, you assume full responsibility for any and all gains and losses, financial, emotional or otherwise, experienced, suffered or incurred by you. ZOOMNZEE does not guarantee the accuracy, completeness or timeliness of, or otherwise endorse in any way, the views, opinions or recommendations expressed in the information.
These Terms and the license rights granted hereunder shall remain in full force and effect unless terminated or canceled for any of the following reasons: (a) immediately by ZOOMNZEE for any unauthorized access or use by you (b) immediately by ZOOMNZEE if you assign or transfer (or attempt the same) any rights granted to you under these Terms; (c) immediately, if you violate any of the conditions of these Terms. Termination or cancellation of these Terms shall not affect any right or relief to which ZOOMNZEE may be entitled, at law or in equity. Upon termination, all rights granted to you will terminate and revert to ZOOMNZEE. Except as set forth herein and regardless of the reason for cancellation or termination, the fee charged (if any) for access to ZOOMNZEE shall be non-refundable.
These Terms are exclusively based on and subject to Indian law. You hereby consent to the exclusive jurisdiction and venue of courts in Delhi, India for all disputes arising out of or relating to the use of the
Site/Application. Use of the website/Application is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Site/Application or any other section or pages in any manner whatsoever.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect. Further, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.
As per these Terms, users are solely responsible for every material or Content uploaded on to the Site/Application. We do not review the contents in any way before they appear on the Site/Application. We do not verify, endorse or otherwise vouch for the Contents of any user or any content generally posted or uploaded on to the Site/Application. You can be held legally liable for the Content and may be held legally accountable if the Content or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to
email@example.com or 279, IInd Floor, Vardhman Citi Mall, Sector-23, Dwarka, New Delhi-110 075.
a)ZOOMNZEE‘s opinion on all issues pertaining to the interpretation of these Terms shall be final and binding on you.
b)ZOOMNZEE is subject to existing laws and legal process and nothing contained in these Terms is in derogation of our rights and obligations to comply with the Law or governmental, court and requests of enforcement agencies.
c)You may not assign any rights or obligations against ZOOMNZEE without our prior written consent. We reserve the right to transfer any right or obligation against you upon due notice to you. Upon such assignment, the assignee shall be bound by the Terms in the same manner as ZOOMNZEE.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding the Site/ Application to firstname.lastname@example.org.