AGREEMENT TO BE BOUND
Access to and use of our Websites, mobile applications, emails and other electronic sites which give a User access to certain of our services and our associated domains (the “Website”), and the data, content, products and services made available on or via the Website, is subject to the following terms and conditions.
By accessing the Website and/or using any services which are accessed using the Website, you agree to be bound by these Terms.
If you agree to these Terms as an individual, you must be at least 18 years old and otherwise of legal age to form a binding contract, and if under 18, you may only use the Website with your guardian’s permission, which permission your guardian warrants he/she has given and your agreement to these Terms will be treated as the agreement of your guardian.
If you are acting on behalf of an institution, business, organization, agency or other entity (“Organization”), you will be responsible for ensuring that: (i) you have authority to bind that Organization to these Terms, and your agreement to these Terms will be treated as the agreement of the Organization, and (ii) any individual or entity to whom you provide access to the Website and/or any services is made aware of and complies with these Terms. In that case, “you” and “your” in these Terms shall refer to the Organization you represent.
By using this Website in any way, you shall be deemed to have accepted all the Terms unconditionally.
You must not use this Website if you do not agree to the Terms
Subject to the rights licensed to the User under this Agreement all other rights to intellectual property on the Website are expressly reserved.
Zainta and all related Zainta marks are registered trademarks and Users agree not to use these trademarks, including using them as an element of a domain name or sub domain name, notwithstanding the fact that such domain name use or registration may be allowed in terms of trademark and/or constitutional law. Where any User is found using the name Zainta in a domain name or sub domain name, such User on demand will immediately cease to use such domain name and transfer it to Zainta at the cost of the User.
Nothing in this Agreement shall operate to transfer any proprietary rights in and to the intellectual property rights referred to under clause 4.1 above or give rise to any implied rights in respect of such intellectual property in favour of any User and or third party.
Nothing in this Agreement shall operate to transfer any proprietary rights in and to any part of the Website including the Content or give rise to any implied rights, in favour of any User and or third party.
As a User of the Website, you are granted a non-exclusive, non-transferable, revocable, limited license to access and use the Website and Content and in particular the intellectual property rights, provided that such access and use is strictly in accordance with these Terms.
Where a User accesses Content from the Website, the User expressly acknowledges that nothing in these terms transfers or grants to the User any proprietary rights to use that Content other than the rights set out under this Agreement and in particular as set out under this clause 4.
All terms and conditions relevant to the Content are included also for the benefit of, and may be enforced by, the respective content providers without prejudice to any other rights or remedies they may have by law or otherwise.
- As a User of the Website you agree not to remove, suppress or modify in any way the proprietary markings, including any trademark or copyright notice, used in relation to any Content or other part of the Website (including on any output generated through its use)
The Website consists of Content which is derived entirely or in part from content sourced by Zainta and/or provided to Zainta from other sources.
The Website is provided only for the User’s own non-commercial, internal and personal use, and at all times subject to these Terms.
The Content on this Website is not for commercial exploitation.
The User shall not or assist, encourage or permit any individual or entity to do any of the following in respect of any part of the Website or the Content:
• copy, save to the extent necessary for viewing the Content in your browser or where specifically made available for download, for that purpose;
• distribute, give or allow access to or otherwise make available to any other individual or entity, or frame, mirror, overlay, or employ other technologies used to enclose, display or similar;
• modify, translate, adapt or create derivative works;
• sell, rent, lease, license, loan, commercialize or use for the benefit of any other person nor in connection with any direct or indirect revenue-generating activities (including generating internet traffic for websites containing advertising) or that result in developments that are used for such activities. For the avoidance of doubt, uses in connection with work that is carried out on the request, or at the direction or expense, of a person will be considered as being for the benefit of that person;
• send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”, run any form of auto-responder or “spam” or use in connection with any unsolicited communication, advertising or similar;
• use in connection with any search functionality, or to otherwise power any products / apps / tools / systems, accessed by or on behalf of any other person;
• attempt to bypass any measure intended to prevent or restrict non-authorized use, make use of any means of access not made available for that purpose (including via accounts, computer systems or networks connected to the Website) or probe, scan, or test for vulnerabilities;
• decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms except to the extent reserved by applicable laws and having given Zainta prior notice;
• use any manual or automated means, including robots, scripts, or spiders to access, monitor, crawl, scrape, spider or mine, except those expressly authorized by us in advance in writing;
• may not use any network monitoring or discovery software to determine the site architecture or extract information;
• may not use this Website to transmit any false, misleading, fraudulent or illegal communications;
• may not frame the Website, in any manner whatsoever, without the prior written consent of the provider;
• may quote small and reasonable amounts of content available from the Website only if such quote is placed in inverted commas and acknowledged;
• may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit or public purposes all or any portion of this Website, except to the extent permitted above and or expressly provided for below.
The User is strictly prohibited from creating works that are based on the Content found on the Website. The prohibition applies regardless of whether the Content is sold, negotiated or given away and/or further alienated in any manner whatsoever.
The User, with the inclusion of but not the limitation of, may not reproduce, duplicate, publish, modify, copy, download, upload in any manner, post, broadcast or transmit, reverse engineer or disenable, display, or distribute or in any way exploit any of the Content, except in so far that the User may download or print one copy of the Content on any single computer for the User's personal, noncommercial use only. Provided that all propriety notices and restrictions attached onto the Content are kept intact, unless expressly permitted by the Website, or unless prior written consent from Zainta has been obtained.
Users are required to register and receive confirmatory e-mail messages in order to gain access to certain content or services on the Website.
Users shall not take any action that imposes or may impose (as determined by Zainta in its sole discretion) an unreasonable or disproportionately large load on Zainta’s (or its third party providers’) infrastructure nor interfere or attempt to interfere with the normal and proper working of the Website or any activities conducted on the Website.
Without limiting that discretion, Zainta may determine unreasonable usage by comparing a User’s activity for any given period against the average for all equivalent users of the relevant part of the Website.
Zainta shall not be liable, in any manner whatsoever, for any damage, loss or liability that resulted from the use of the Website or the use of any Content by the User or by any third party who obtained any Content from the User.
Persons that wish to link to Content of the Website shall do so at their own risk, and on the condition that any such hyperlinks to the Website from any other source shall be directed at the home page of the Website.
The Website may contain links to other websites ("Third-Party Websites") owned or operated by parties other than Zainta. Such links are provided for your reference only. Zainta does not monitor or control outside Third-Party Websites and is not responsible for their content and you access them solely at your own risk.
Zainta’s inclusion of links to a Third-Party Website does not imply any endorsement of the material on the Website or, unless expressly disclosed otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor, nor does Zainta’s inclusion of the links imply that Zainta is authorized to use any trade name, trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the linked Third-Party Website.
Zainta may terminate this license at any time where the User fails to comply with or follow the Terms
ACCURACY OF CONTENT AND NO LEGAL ADVICEContent is not intended to and does not constitute legal advice.
The accuracy, completeness, adequacy or currency of the Website or the Content is not warranted or guaranteed and your use of the Website and Content or materials linked from this Website is at your / the User’s own risk
The information on this Website is intended to provide general information about a particular subject or subjects and is not an exhaustive treatment of such subject(s).
It is the sole responsibility of the User to satisfy itself prior to accessing the Website that the Website will meet the User’s individual requirements and be compatible with the User’s hardware and/or software.
Information, ideas and opinions expressed on this Website should not be regarded as professional advice or the official opinion of Zainta.
Users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this Website.
Zainta makes no representations or warranties, implied or otherwise, that, among others, the Content and technology available from this Website are free from errors or omissions, that the service will be 100% uninterrupted and error -free or will meet any particular criteria of performance or quality.
Zainta expressly disclaims all implied warranties, including, without limitation, warranties of merchantability, title, fitness for a particular purpose, noninfringement, compatibility, security, and accuracy in relation to the Website or its Content.
Zainta makes no express or implied representations or infringement, compatibility, security, and accuracy in relation to the Website or its Content.
Zainta makes no express or implied representations or warranties regarding the Content of the Website and that the Website has been compiled or supplied to meet the User’s individual requirements.
Users are encouraged to report any possible errors, malfunctions or offensive material by using the feedback link.
The use of this Website and its Content is at the User’s own risk.
Zainta, its directors and employees will not be liable for any special, indirect, incidental, consequential or punitive damages or any other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence), or otherwise, relating to the use of this Website or its Content. If any of the foregoing is not fully enforceable for any reason, the remainder shall nonetheless continue to apply.
Subject to sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, 2002 (Act 25 of 2002), Zainta shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this Website or Content provided from and through this Website.
Certain links in the Website lead to resources maintained by third parties over whom Zainta has no control. Zainta makes no representations or warranties as to the accuracy of, or any other aspect relating to those resources.
If a User requires any information from Zainta regarding services or the Content of the Website please make use of the “contact us” link provided.
A User may visit this Website without providing any personal information.
However, certain areas of the Website may call for a User to provide personal information, which use by Zainta is described under its Privacy notice and which the User agrees
Any failure by Zainta to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
If any Term is not fully enforceable or valid for any reason, such term(s) shall be severable from the remaining Terms and the remaining Terms shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable
The Website is hosted, controlled and operated from the Republic of India and therefore the Indian law enforced by the Indian courts governs the use or inability to use the Website, its content, services and these terms and conditions.
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Zainta shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Zainta’s reasonable control, including mechanical, electronic or communications failure or degradation (including “line-noise” interference).
The Terms are personal to the User, and are not assignable, transferable or sublicensable by the User except with Zainta’s prior written consent.
Zainta may assign, transfer or delegate any of its rights and obligations hereunder without consent.
Any reference to “includes” and “including” shall mean including without limitation and general words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words.
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the business day after it is sent, if sent for next day delivery by recognized overnight delivery service
CHANGES AND AMENDMENTS
Zainta expressly reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice:
• change these terms and conditions;
• change the content and/or services available from the Website;
• discontinue any aspect of the Website or service(s) available from the Website; and/or
• change the software and hardware required to access and use the Website