PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS, BEFORE USING THE APP ZIMPLIFY. BY ACCESSING AND USING THE SERVICES OF THIS APP, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THE APP.
Zimplify is an app incorporated under the Indian Companies Act, 1956 (hereinafter referred to “Our” or “us” or “We”) operating the app (Zimplify). By accessing and/or using this App you (hereinafter referred to “You” or “Your” or “Yourself”) are contractually agreeing to the following terms and conditions, including those available by hyperlinks (collectively, the “Terms And Conditions”).
REGISTRATION WITH THE APP
In order to use the general services offered through the App, You need not be a Registered User of the App. However, certain sections of this App require You to register with the App. Such sections include posting of comments on the App.
If registration is requested, You agree to provide us with accurate and complete registration information. It shall be Your responsibility to inform us of any changes to that information. Each registration is for a single individual only, unless specifically designated otherwise on the registration page. You are responsible for maintaining the confidentiality of Your information and password. You shall be responsible for all uses of Your registration, whether or not authorized by You. You agree to immediately notify us of any unauthorized use of Your registration or password.
USE OF THE APP / USER CONDUCT
You shall not:
use the App or post or modify any Content to defame, abuse, solicit, harass, stalk, threaten or otherwise violate the legal rights of any person. You shall not use the App or post or modify any Content to distribute any information that promotes or contains bigotry, racism, hatred, profanity or obscenity or promotes physical harm.
engage in any fraudulent, abusive or illegal activity, including but not limited to any communication or solicitation designed or intended to fraudulently obtain the password or any private information of any person.
postany Content that You believe to be false or misleading.
use the App or post any Content to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material.
run any form of auto responder, mail list or spam on the App or any processes that are run or are activated while you are not logged on.
distribute any downloaded file that You know, or reasonably should know, cannot be legally distributed.
reproduce,duplicate, copy, sell, resell or exploit for any commercial purpose, or redistribute or publish the information and Content provided by us or obtained from us without obtaining Our prior express written consent. This restriction includes any attempt to incorporate any information provided by us into any other directory, product, or service.
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. You may not submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other rights of any party.
cache or permit caching by any person.
do any act, including without limiting, running internet relay chats or IRC bots, or any other acts that may cause the overload of the servers or which will adversely affect the App as provided, unless there is an explicit written permission from us to do so.
use the App or post any Content to store and/or display and/or publish any adult content, which without limitation includes all pornography, erotic images and messages, or otherwise lewd or obscene content. The designation of “adult content” is left entirely to Our discretion.
We do not investigate, represent or endorse the accuracy, legality, legitimacy, operability, availability, validity or reliability of any Content including any advertisements, advice, comments, ratings, listings and recommendations contained on, distributed through, or linked, downloaded or accessed from the App.
Any references made by the App to any names, marks, products or services of third parties or hypertext links to any third party App or information do not constitute or imply Our endorsement, sponsorship or recommendation of the third party, of the quality of any product, service, advice, information or other materials displayed, or obtained by You as a result of an advertisement or any other information or offer in or in connection with the App.
MODIFICATION,EDITING AND DELETION OF CONTENT
Only a Registered User of the App will be able to post comments and additional comments on the App till the time he is a valid existing user of the App. Such Registered User agrees not to post, directly or indirectly, any comment that is derogatory, abusive, obscene, defamatory, offensive, infringing or violative of applicable laws in any way. The opinion as to whether such comment is derogatory, abusive, obscene, defamatory, offensive, infringing or violative of applicable laws shall be solely at Our discretion.
However, at no point of time, will a Registered User be able to modify, edit or delete any comment once posted by such user. All modification, editing and deletion rights shall be vested with us and will be at Our sole discretion.
Content submitted for publication on the App may in Our discretion be edited, in whole or in part, for length, clarity, legal applicability and/or consistency.
The App and the Content, including editorials, is protected by copyright law and international treaty provisions and may not be copied or imitated in whole or in part. No logo, trademark, graphic or image from the App may be copied or retransmitted without our prior express written permission.
We communicate information provided and created by advertisers, listing agencies, publishers, users, resellers, third parties and You. We have no control over the accuracy, legality, legitimacy, validity or reliability of such information on the App, which may also include technical inaccuracies or typographical errors.
We make no guarantee, nor do We take any responsibility for the Content including its quality, copyright compliance or legality, or any resulting loss or damage. The Content not limited to the availability of any product or service or any feature thereof, is subject to change without notice.
We reserve the right, in Our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the App.
LINKING TO THIRD PARTY WEB APPS
Links to external Internet Apps could be provided within the App as a matter of convenience to You. The listing of such external App does not imply endorsement of such App by us. We do not make any representations regarding the availability, reliability and performance of the App or any of the external Apps.
If You click on any advertisement banner, sponsor link, or any other external link from or available on the App, Your browser automatically may direct You to a new browser window that is not hosted or controlled by us and We are not responsible for the content, functionality or technological safety of these external third party links/Apps.
LINKING TO THIS APP
Linking of this App can be solely undertaken for legal purposes. You may also connect deep links to the App, i.e., create links to this App that bypass the home page or other parts of the App only for legal purposes. You may mirror or frame the home page or any other pages of this App on any other webApp or web page provided that such mirroring or framing is not done or undertaken for any commercial benefits. We reserve the right to discontinue the linking at Our sole discretion without any prior notification to You.
ANY USE OF THE APP AND ANY USE OF THE CONTENT SHALL BE AT YOUR SOLE RISK. WE DISCLAIM ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, LEGALITY, LEGITIMACY, VALIDITY, RELIABILITY, OPERABILITY OR AVAILABILITY OF THE CONTENT, INFORMATION OR MATERIAL DISPLAYED ON THE APP. THE APP (INCLUDING ALL CONTENT HEREIN) ARE PROVIDED “AS IS” AND ARE AVAILABLE WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE APP AND ANY CONTENT HOSTED ON IT. WE DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS ERROR-FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ANY AND ALL WARRANTIES TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING ANY WARRANTIES FOR ANY CONTENT, INFORMATION, GOODS, OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE APP.
LIMITATION OF LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO ANY USER ON ACCOUNT OF ANY USE, MISUSE OR RELIANCE ON THE APP FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE ARE AWARE OF OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE APP. WE DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, CONTENT, PRODUCT, SERVICES, OR PROCESSES DISCLOSED ON THE APP OR ANY OTHER MATERIAL OR INFORMATION ACCESSIBLE FROM THE APP.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
You shall indemnify, defend and hold us harmless, and all Our officers, directors, owners, agents, employees, content providers, partners, suppliers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from Your use of the App and/or Content. We reserve the right, at are own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You and You shall not in any event settle any matter without Our prior written consent.
TERMINATION AND CONSEQUENCES
If You provide us with any information that is untrue, inaccurate, not current or incomplete, or We has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then We have the right to suspend or terminate Your access to the App (or any portion thereof). Notwithstanding the above, We may at any point have the right to terminate Your access to the App.
The failure of either party to exercise any rights provided for herein shall not be deemed a waiver of any further right hereunder.
GOVERNINGLAW AND JURISDICTION
RELATIONSHIP OF PARTIES
It is expressly agreed that We and You are acting hereunder as independent contractors.