iZooto | Terms of Service
Website ‘www.izooto.com’ – Terms of Use Agreement:
1. General Information and Definitions :
Datability Technologies Private Limited (“DTPL” or “we” or “us”, which term shall, unless the same be repugnant to the meaning or context thereof, be deemed to include its subsidiaries, successors and permitted assigns), a company incorporated under the provisions of the Companies Act, 1956, having its registered office at Flat No B1, KH No 88/8 & 9, Mahavir Enclave, Palam, New Delhi – 110045, India engaged in the business of development of software applications for mobile phones and owns and operates a website ‘www.iZooto.com’ (hereinafter referred to as the “Website”, which term shall, unless repugnant to the context thereof, include any related applications, including mobile phone applications) whereby DTPL, based on information collected from the visitors to the Customer’s website, provides certain software and data based services to its customers in relation to their products, services, or any other information and/or content (“iZooto Service(s)”);
The terms, conditions and notices contained hereunder shall govern and apply to your use of our Website and/or the iZooto Service (“Terms”).
1.1 Your use of the Website and the iZooto Service is subject to your acceptance and compliance, without any modifications, of the Terms and DTPL’s Privacy Policy (the “Privacy Policy”), which shall collectively be referred to herein as the “Terms of Use”, unless otherwise provided. Further, by using the Website and/or availing the iZooto Services, you provide your unconditional consent to the Terms of Use and undertake to abide by all rules, restrictions, conditions and notices set out therein
1.2 DTPL reserves the right to change the Terms of Use, or the Website or the iZooto Services, including modifying, supplementing, altering, terminating or discontinuing any content, feature or service of the iZooto Services on the Website or any related applications (including the mobile phone based applications). Any changes in the Terms of Use shall be updated on the Website with reference to the date of such change.
1.3 DTPL shall give a period of at least 1 (one) month from the date of such change to adhere to the same. In this regard, you are advised to regularly check the Terms of Use for any such changes. Your continued use of the Terms of Use pursuant to any such changes will be deemed to be your acceptance of the same. You may reject any such changes by ceasing to avail the iZooto Services or termination or cancelling your Account (defined below) on the Website.
2. Your Account, use of the iZooto Service and Termination :
2.1 You shall be given access to avail the iZooto Service by registration and creation of an account on the Website (“Account”). Please ensure that at the time of creation of your Account, you provide us with all accurate and complete registration information as on date
2.2 Notwithstanding anything stated in this Agreement, either Party may terminate this Agreement without assigning any reason by giving 1 months’ prior written notice to the other Party
2. 3 Without prejudice to the Parties’ above rights of termination, either Party may terminate this Agreement immediately upon notice to the other Party if the other Party is in breach of this Agreement and the breach has not been remedied within 15 (fifteen) days following written notice by the non breaching party for cure of such breach to the breaching Party.
2.4 Either party may terminate this Agreement, effective immediately on the following grounds (a) if a Party becomes or is declared bankrupt, insolvent or goes into voluntary or compulsory liquidation, except for the purpose of amalgamation or reconstruction; or (b) if any distress or attachment is levied, or any receiver is appointed in respect of the business or a substantial part of the property or assets of a Party, or if any similar action in consequences of debt; or (c) for any reason whatsoever if either Party becomes disentitled in law to perform its obligations under this Agreement.
3. Consequences of Termination :
3.1 Upon termination of this Agreement, there shall be a transition period which shall be mutually decided by you and DTPL. DTPL will extend complete co-operation in this regard.
3.2 Upon termination of this Agreement, DTPL shall forthwith on termination cease access to and use of the Website and the Data in any manner whatsoever unless instructed in writing by you and shall immediately handover the Data and thereafter permanently destroy the Data from its system/database.
4. Code of Conduct
4.1 You agree to use the iZooto Service as per the Terms of Use and as per applicable laws and regulations. You agree to not use the Website/iZooto Service for any unlawful purpose or in any manner not intended by DTPL or as contemplated herein
4.2 You shall be responsible for the safety and security of your passwords. You agree to notify us immediately in the event of any unauthorised access or use of the information provided by you in your Account.
4.3 You shall not access the Website/iZooto Service for the purpose of creating a product or service competitive with the Website and/or the iZooto Service.
4.4 You agree and undertake to recall/take down any such notification that violates the Terms of Use.
4.5 You agree not to restrict or prevent any other Customer and/or end user from using the Website/iZooto Service, including without limitation, by means of ‘hacking’ or defacing any portion of the Website.
4.6 You agree not to express or imply that any statements you make are endorsed by us, without our prior express written consent
4.7 You agree that you will not copy, reproduce, sell, re-sell or trade any services provided by DTPL by way of your notifications, unless the same has been specifically agreed to in writing by DTPL.
4.8 You shall not :
Transmit or send notifications which
contain any information, data, text or other content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights, harassing, blasphemous, pornographic, paedophilic, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
contain any material or non-public information about companies without the authorization to do so;
contain any trade secret of any third party;
contain any advertisements, solicitations or other unsolicited commercial communication (except as otherwise expressly permitted by us);
belongs to another person and to which you do not have any right to use;
impersonates another person;
violates any law for the time being in force;
harms minors in any way;
Engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling”, “phishing” and “griefing” as those terms are commonly understood and used on the Internet;
Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, etc.;
Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble all or any portion of the Website and/or the iZooto Service;
Remove, alter, conceal any copyright, trademark, patent or other proprietary rights notices contained in the Website and/or iZooto Service;
Link the Website or any information, data, text or content thereon to any third party website or portion thereof without DTPL’s prior written consent;
Reproduce, crawl or frame the Website and/or the iZooto Services on or from any other website and/or mobile application.
5. Intellectual Property Rights and Restrictions on use:
5.1 It is hereby agreed and acknowledged that DTPL owns all legal rights, title and interest in and to the Website and the iZooto Services and any information, data or content displayed therein. You hereby acknowledge that you do not acquire any rights, title or interest in or to the Website and the iZooto Services and/or the information, data or content displayed therein.
5.2 Further, it is agreed and acknowledged that you shall have all rights, title and interest in all information, data, text or other content created by you for the purpose of sending notifications to the end users using the iZooto Services and any liability arising from the same shall solely be your responsibility. DTPL shall obtain no right, title or interest from you under these Terms of Use in or to any information, data, text or content in relation to the notifications, whether those rights are registered or not. You must bear all risks for the unauthorised access and use of any such information, data, text or other content. We shall not be responsible or liable to you or any third party for any information, data, text or content that you create or display or for any loss or damage arising as a consequence of your actions.
5.3 Any information, data or content provided by us on the Website is purely intended to educate and inform you about DTPL, the Website and the iZooto Service. The same can be used solely to the extent necessary for your authorised use of the Website as provided under the respective commercial arrangement. You shall not, in any manner whatsoever modify or use such information, data, text or content for any other purpose as the same may constitute violation of any intellectual property rights owned by us in such information, data, text or content and hence the same is strictly prohibited.
5.4 The intellectual property owned by DTPL, whether registered or not, shall not be used by you in connection with any products or services that is likely to cause confusion among the end users or in any way that undervalues DTPL. Nothing contained on the Website or the iZooto Service shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property without the permission of DTPL. Misuse of any intellectual property owned by DTPL is strictly prohibited and DTPL shall enforce its intellectual property rights in such intellectual property, including via civil and criminal proceedings.
6. Third parties :
Any reference to any third party on the Website is provided purely for your informational purposes. While DTPL uses its best endeavour to ensure that the information provided on the Website is true and accurate as on date, DTPL does not warrant the accuracy of the same and shall not be liable for any fallacy in such information displayed on the Website or its appropriateness for any purpose thereof.
7. Modification of the iZooto Service and the Platform :
DTPL endeavours to constantly improve the iZooto Service through innovation to provide the best to the Customers. You acknowledge and agree that you shall accept and adapt to such innovations as and when the same are implemented. We shall notify you of any such changes as and when the same are made.
8. Jurisdiction and Dispute Resolution :
These Terms and the privacy policy available separately on the Website shall be governed by and construed in accordance with the laws of India. In the event of any dispute concerning the validity, interpretation and/or application of these Terms between you and DTPL, both parties agree to submit to the exclusive jurisdiction of the courts of New Delhi to resolve any dispute arising out of the Terms of Use or your use of the Website and/or the iZooto Service. Your access and use of the Website and/or the iZooto Service is not permitted in any jurisdiction that does not give effect to all provisions of the Terms, including without limitation, this section.
9. Disclaimers and Liability :
9.1 You expressly understand and agree that your use of the Website and/or the iZooto Service is at your sole risk and that the same are provided on a “as is” and “as available” basis without any express or implied warranty as to fitness for any purpose, merchantability and non-infringement.
9.2 In using the Website and the iZooto Service, you agree that DTPL or any of its employees, contractors, partners, sponsors, advertisers or others, are not responsible or liable for any content or items, including but not limited to any text, information, images including photographs or graphics, audio clips, video clips, and web-links transmitted by you by means of the notifications to the end users using the iZooto Service.
9.3 As between you and DTPL, you hereby assume all risk of harm or injury resulting from any lack of compliance of the Terms of Use by you.
10 . Consequences of breach of the Terms of Use :
10.1 DTPL shall be entitled to and reserves the right to restrict, suspend or terminate your Account or deny you access to the Website and/or the iZooto Service or take such other action as it deems appropriate, with or without notice to you, if it determines, in its sole discretion, that such restriction, suspension and/or termination is necessary, and you agree that DTPL will not be liable to you or any third party for such restriction, suspension and/or termination. Upon suspension or termination of your Account, we reserve the right to remove or delete your information that is available with us, including but not limited to your login, account information and information posted by you.
10.2 The restriction, suspension or termination of your Account or your access to the Website and or the iZooto Service, pursuant to this section will be without prejudice to any rights which DTPL may have against you in respect of your breach of the Terms of Use.
10.3 DTPL shall be entitled to disclose your user identity and details if required or requested by the courts or other law enforcement authorities and/or agencies or in such other circumstances as DTPL in its sole discretion considers reasonably necessary or appropriate.
11. Indemnity:
You agree to indemnify and hold each of DTPL, its directors, representatives, employees, consultants, contractors, advertisers and sponsors and their directors, officers, employees, consultants, agents and other representatives harmless from any and all claims, demands, damages, losses, costs including reasonable attorney’s fees, that may arise due to (a) your use of the Website and/or the iZooto Service; (b) the breach of the Terms of Use by you, including any violation of the Code of Conduct above; or (c) the infringement by you of any intellectual property or other right of DTPL or any other person or entity.
12. General :
12.1 If any provision of these Terms is unenforceable as determined by a court of competent jurisdiction under your national law, then such provision shall be struck out. All remaining provisions shall remain in full force and effect.
12.2 If we delay or fail to act in respect of any breach by you of these Terms, this will not operate as a waiver of our right to act in relation to subsequent or similar breaches by you.
Notices :
If you need to give us notice of anything, you must write to us in English at shrikant@izooto.com marking the same to the attention of Shrikant. If we need to give you notice of anything, we shall write to you at the email address you provide to us, either during the registration process of your Account or any other email address you may provide to us. Notice shall be deemed given 24 (twenty four) hours after an email is sent, unless the sender is notified that the email address is invalid or receives any 'delivery failure' notification. If you have any questions about this, please contact shrikant@izooto.com.