Welcome to MUMZ (hereinafter referred to as the “App”, “We”, “Us”, “Our”), owned and operated by ZENITH VENTURES PVT LIMITED (hereinafter referred to as “the Company”) with its registered office located at Block A, 2/F, Hong Kong Industrial Building, 444-452 Des Veoux Road West, Hong Kong
The App is offered to users (hereinafter referred to as “You” or “Your”) for download conditioned on user’s acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”).
BY CLICKING ON THE “ACCEPT” BUTTON AT THE TIME OF REGISTRATION, USERS AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS. WHEN YOU DOWNLOAD THIS APP, YOU AGREE TO ACCEPT THESE TERMS AND CONDITIONS OF USE.
Our App provides a platform to the parents to meet other parents as per their geolocation, their interests, kid’s age and favorite times to meet.
- “MUMZ” means the online platform via which parents can interact with other single/ married parents as per their location, common interests, kid’s age and favourite times to meet.
- “User/You/Your” means an individual/company which shall include parents or individuals across the area, who download our app and registers/creates an account on our app so that they can interact with other parents, individuals or businesses through our App
- “Services” means an online facility of providing a venue to the parents to interact with other parents as per their geolocation.
- “Account” shall mean the accounts created by the Users on our App in order to use the Services provided by our App and requires information such as name, email, address, contact number etc.
- “Content” means text, graphics, images, music, software, audio, video, information or other materials.
- “User Content” means all content that a user submits or transmits to us through email, feedback, comments and messages on our App.
- “Our App Content” shall mean all the Content that our app makes available through the Services, including any Content licensed from a third party.
- “Collective Content” means User Content and our App Content.
- The official language of these terms shall be English.
- The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
- You may download, use the Service only if you are at least eighteen (18) years of age and can form a binding contract with us, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.
- Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. Any person under the age of eighteen (18) years accessing the app should do so only under parental guidance. Our app reserves the right to terminate your membership and refuse to provide you with access to the app if we discover that you are under the age of 18 years. The Service is not available to any Users previously removed from the Service by us, unless we provide such Users with specific written authorisation to re-use the Service. Unauthorised Users are strictly prohibited from accessing or attempting to access, directly or indirectly, the App. Any such unauthorised use is strictly forbidden and shall constitute a violation of applicable state and local laws.
- By using our App and its services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
- You must not be a competitor of our app or use our Service for reasons that are in competition with us or otherwise to replicate some or all of the Service for any reason.
- Our App may, in its sole discretion, refuse to offer access to or use of the app to any person and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the app is revoked in such jurisdictions.
- Except where additional terms and conditions are provided which are services specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms.
- In order to avail our services you shall be required to create an account with us. In order to create an account and register with us you shall either create an account with us or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook / twitter or google accounts (each such account, a “Third-Party Account”).
- If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the App. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
- If you choose to register with us directly then you must register for an account with us (an “Account”) and provide certain personal information such as name, email address and password.
- You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorised use, or suspected unauthorised use of your Account or any other breach of security. Our App cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorised to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your App account access credentials. We encourage you to use a “strong” password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
- You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
- When creating an Account, don’t:
- Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission;
- Use a username that is the name of another person with the intent to impersonate that person;
- Use a username that is subject to rights of another person without appropriate authorisation; or
- Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
- We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org
- You may not transfer or sell your MUMZ account and User ID to another party.
- Our Services are not available to temporarily or indefinitely suspended members. Our App reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our App reserves the right to refuse service to anyone, for any reason, at any time.
- One individual can own only one account in its name.
- You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our App’s policies as stated in the Agreement and the App policy documents published on the App as well as all other operating rules, policies and procedures that may be published from time to time on the App by Company.
- Our App provides a venue to its users to create their account and interact with other users on the App as per their geo location and other parameters (Common Interest, Kids Age and Favourite Times to meet). It is basically a platform through which parents across the area can interact with other parents whether single or married to meet up in person as per their and/or kid’s preferences and their location.
- The Parents can also get updated about the list of events that might be happening around their area and which can be of interest to them based upon their geo location. This list of activities might be created by the Admin or any user on the App.
- The Parents might also be able to view local deals of the various businesses in and around their area and geo location and they can go and avail those deals.
YOU AGREE AND CONFIRM:
- That you will use the services provided by our App, its affiliates and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the App.
- You will provide authentic and true information in all instances where such information is requested of you. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), we have the right in our sole discretion to reject the registration and debar you from using the Services of our App and / or other affiliated Apps without prior intimation whatsoever.
- That you are accessing the services available on this App and transacting at your sole risk and are using your best and prudent judgment before entering into any dealings through this App.
- It is possible that the other users (including unauthorised/unregistered users or “hackers”) may post or transmit offensive or obscene materials on the App and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the App, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorised uses, but by using the App you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the App. Please carefully select the type of information that you publicly disclose or share with others on the App.
- You agree that you will not:
- Restrict or inhibit any other user from using and enjoying the Interactive Features;
- Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national, or international law;
- Post or transmit any information, software, or other material which violates or infringes in the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
- Post or transmit any information, software or other material which contains a virus or other harmful component;
- Alter, damage or delete any Content or other communications that are not your own Content or to otherwise interfere with the ability of others to access our App;
- Claim a relationship with or to speak for any business, association, institution or other organization for which you are not authorised to claim such a relationship;
- Violate any operating rule, policy or guideline of our Internet access provider or online service.
- We reserve the right to charge you for the services in near future if there is a significant change in our business model. We shall inform you about any such change by amending our User Agreement. You agree that Company reserves the sole right to change its business model and charge for the services being provided herein.
YOU MAY NOT USE THE APP FOR ANY OF THE FOLLOWING PURPOSES:
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- Transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
- You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) or other suppliers;
- You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the app or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the app or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the app. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorised access to any portion or feature of the app, or any other systems or networks connected to the app or to any server, computer, network, or to any of the services offered on or through the app, by hacking, password “mining” or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the app or any network connected to the app nor breach the security or authentication measures on the app or any network connected to the app. You may not reverse look-up, trace or seek to trace any information of any other User or visitor to app, or any other customer, including any account on the app not owned by You, to its source, or exploit the app or any service or information made available or offered by or through the app, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the app.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of our app or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the app or our systems or networks, or any systems or networks connected to us.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the app or any transaction being conducted on the app, or with any other person’s use of the app.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the app or any service offered on or through the app. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- Interfering with any other person’s use or enjoyment of the App.
- Breaching any applicable laws;
- Interfering or disrupting networks or web Apps connected to the App.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- Without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate our services and user accounts, prohibit access to our Apps, services, applications, and tools, and their content, delay or remove hosted content, and take technical and legal steps to keep users from using our Apps, services, applications, or tools, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a period of months, or to modify or discontinue our App, services. We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- Further we prohibit the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit, debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
- Additional prohibitions include misleading offers that do not list the total purchase price or a “bait & switch” of products, advertisements listed in the incorrect category, telephone numbers listed in the personals or any sub-category of personals, duplicate listings that contain more than 60% of the same characters, regardless of category, U.R.L. (Universal Resource Locator) or hyperlinks within an advertisement (except where allowed) or image, the sale or distribution of firearms, weapons or controlled substances, make-money fast schemes, pyramid or chain letters, fraudulent or criminal offers including but not limited to registering another email address other than your own, any posting with the goal of harassment of another, sexual requests from or for a minor, racial slurs or comments, harassment, placing a fraudulent ad, unsolicited advertising (whether commercial or informational) and unsolicited email or advertisements including, but not limited to adult or dating services placing advertisements (SPAM).
- Further we prohibits the transmission, distribution or posting of any matter which discloses personal or private information concerning any person or entity, including without limitation phone number(s) or addresses, credit debit cards, calling card, User account numbers/ passwords or similar financial information, and home phone numbers or addresses. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
All right, title, and interest in and to the App (excluding postings/content provided by the users) is and will remain the exclusive property of our app and its licensors. The app service is protected by copyright, trademark, and other laws of Hong Kong. Nothing in these Terms gives you a right to use the name of the app or app’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the app or located on the App.
- Some of the features of this app or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions/Content”), or (b) literary, artistic or other content, including but not limited to photos and videos. User Content includes all content submitted through your Account. By posting or publishing User Content to this app or to the Services, you represent and warrant to us that (i) you have all necessary rights to distribute User Content via this app or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party
- All reviews, comments, feedback, submitted or offered to us on this app or otherwise disclosed, submitted or offered in connection with your use of this app (collectively, the “Comments”) shall be and remain our property. Such disclosure, submission or offer off any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the app will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the app will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”.
- You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it. With Respect to User Submissions, you acknowledge and agree that:
- User Submissions are entirely voluntary;
- User Submissions do not establish a confidential relationship or obligate us to treat User Submissions as confidential or secret.
- We have no obligation, either express or implied, to develop or use User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of User Submissions.
- We shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this app, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this app for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.
- It is possible that any of the user (including unauthorised users or “hackers”) may post or transmit offensive or obscene materials on the app and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the app, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorised uses, but by using the app, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the app. Please carefully select the type of information that you publicly disclose or share with others on the app.
- You may upload to any area of the App or otherwise transmit, post, publish, reproduce or distribute, on or through our App only Content that is not subject to any Intellectual Property Rights, or Content in which any holder of Intellectual Property Rights has given express authorisation for distribution over the Internet and on our App, without restriction whatsoever. Any Content submitted with the consent of a copyright owner other than you should contain a phrase such as “Copyright owned by [name of owner]; Used by Permission.” By submitting Content to any Area, you automatically grant and/or warrant that the owner of such Content, whether it be You or a third party, has expressly granted to us the royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sublicense, distribute, perform, and display such Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed for the full term of any Intellectual Property Rights that may exist in such Content. You also permit us to sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to such Content.
INTELLECTUAL PROPERTY RIGHTS:
- Our app, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this app. Access to this app does not confer and shall not be considered as conferring upon anyone any license under any of our app or any third party’s intellectual property rights. All rights, including copyright, in this app are owned by or licensed to us or third party suppliers. Any use of this app or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our app. You cannot modify, distribute or re-post anything on this app for any purpose.
- The app names and logos and all related service and our slogans are the trademarks or service marks of our app. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this app. Access to this app does not authorize anyone to use any name, logo or mark in any manner.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this app (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the app for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the company or any related software. All software used on this app is the property of our app or its suppliers and protected by copyright laws of Hong Kong. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this app is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our app, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of Hong Kong. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this app is the exclusive property of our company and is also protected by Copyright laws of Hong Kong.
- We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- If you believe in good faith that any material used or displayed on or through our app infringes your copyright, you (or your agent) may send us a notice at email@example.com requesting that the material be removed, or access to it blocked, please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorised to act on their behalf;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number and an email address; a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and that You are authorised to act on behalf of the copyright owner.
- You should assume that everything that you see or read on this app is copyrighted unless otherwise noted and may not be copied, reproduced, distributed, modified, published, downloaded, posted, or transmitted in any way, without the prior written consent of our app or other copyright owner, EXCEPT: You may print copies of the material for your personal, noncommercial use only, provided that you do not delete or change any copyright, trademark, or other proprietary notices. Unless otherwise indicated, all marks displayed on our app are subject to the trademark rights of our app, including our name and Logo, corporate logos and emblems. Modifying, distributing or using for any purpose the material in any of our app which is copyrighted or otherwise protected under intellectual property laws directly violates our intellectual property rights. The material contained in this app is copyrighted, is protected by worldwide copyright laws and treaty provisions, and is provided for lawful purposes only.
Users agree to defend, indemnify and hold harmless our app, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our app or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- We may, at any time and without notice, suspend, cancel, or terminate your right to use the app (or any portion of the app). In the event of suspension, cancellation, or termination, you are no longer authorised to access the part of the app affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the app, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
- Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of, this User Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
- If we close your Account due to your breach of this User Agreement, you may also become liable for fees in an amount as ascertained by the app.
- In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
- Users acknowledge and agree that the availability of the App is dependent on the App Store from which users received the App license. Users acknowledge that the Terms are between users and us and not with the App Store. Our app, not the App Store, is solely responsible for its Properties, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, users must have access to a wireless network or other internet enable network, and users agree to pay all fees associated with such access. Users also agree to pay all fees (if any) charged by the App Store in connection with the Company Properties, including the App. Users agree to comply with, and their license to use the App is conditioned upon their compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Company Properties, including the App. Users acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
- At some point we may wish to update the app. The app is currently available on Android & iOS (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. We do not promise that it will always update the app so that it is relevant to you and/or works with the Android or iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
GOVERNING LAW AND JURISDICTION:
- This Agreement shall be governed by and construed in accordance with the laws of Hong Kong without regard to its choice of law principles.
- The parties consent to exclusive jurisdiction and venue in the courts sitting in Hong Kong.
RESOLUTION OF DISPUTES:
- DISPUTE BETWEEN USERS ON THE APP
- If there is a dispute between users on this site, we or our App shall be under no obligation to become involved. In the event that You have a dispute with one or more Users in regard to anything, You hereby release us and our officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
- DISPUTE BETWEEN YOU AND US:
- In the interest of resolving disputes between you and us in the most expedient and cost effective manner, you and we agree that any and all disputes arising in connection with the Terms shall be resolved by binding arbitration. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Our agreement to arbitrate disputes includes, but is not limited to all claims arising out of or relating to any aspect of the Terms, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, and regardless of whether the claims arise during or after the termination of the Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
- The venue for arbitration shall be Hong Kong.
- The language used in Arbitration shall be English and the award of the arbitration shall be binding on both, you and us.
- The app is provided without any warranties or guarantees and in an “As Is” condition. You must bear the risks associated with the download and use of the app.
- We make no warranty that the Services or App will meet your requirements or that the Services or your access to the App will be uninterrupted, timely, accurate or reliable; nor do we make any warranty as to any information that may be obtained through the Services or App. In case there is any defect in any software being used for the provision of the Services, we do not make any warranty that defects in such software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through use of the Services or App is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data.
- The app provides content from other apps/Internet sites or resources and while our app tries to ensure that material included on the app is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the app. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our App, Services and tools;
- Delays or disruptions in our App, Services, or tools;
- Viruses or other malicious software obtained by accessing our App, Services, or tools or any site, Services, or tool linked to our App, Services, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our App, Services, and tools or in the information and graphics obtained from them;
- The content, actions, or inactions of third parties, including items listed using our App, services, or tools or the destruction of allegedly fake items;
- A suspension or other action taken with respect to your account; and
- To the fullest extent permitted under applicable law, our app or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the app, its services or this User Agreement.
- The Content on the App is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain specialist advice before taking, or refraining from, any action on the basis of the content on the App.
- User understands and agrees that any information or material and/or goods or services obtained through the service is done at user’s own discretion and risk and that user will be solely responsible for any damage resulting from any transaction.
- No advice or information, whether oral or written, obtained by user from us for free or through or from the service shall create any warranty not expressly stated herein.
- App or any person or entity affiliated with it will not be held liable for the delivery or un-delivery of any product, for any transactions or dealings between the users through our App.
- Users agree that we are only a venue wherein various products can be posted and we in no case are responsible if any user backs out from selling or purchasing any product listed on the App.
We have employed highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us at firstname.lastname@example.org upon becoming aware of any unauthorised access, any illegal online activity or any other security breach pertaining to the app, your Account or our Services and do everything under your control to mitigate the unauthorised access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.
You expressly hereby release and waive all claims against the Company, and its subsidiaries, affiliates, officers, agents, licensors, co-branders or other partners, and employees from any and all liability for claims, damages (actual and/or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature, arising from or in any way related to your use of our App. You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true and you accept and assume the risk of such possible differences in fact. In addition, you expressly waive and relinquish any and all rights and benefits which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.
USER AGREEMENT AS DEFENCE:
The suits which are impliedly or specifically barred by this agreement shall be opposed by us by pleading this agreement.
- Any notices must be given by postal mail as well as e-mail to us at;
- Attn: Legal Department, Zenith Ventures Pvt Limited,Block A, 2/F, Hong Kong Industrial Building, 444-452 Des Veoux Road West, Hong Kong
- Email: email@example.com: Subject: Legal Notice.
In your case, we will send you any notice at your provided email address (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us. In such case, notice shall be deemed given three days after the date of mailing.
OUR SERVICE AND GUARANTEES:
Our app reserves the right to modify or terminate the app’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our app does not guarantee continuous, uninterrupted access to the app, and operation of the app may be interfered with by numerous factors outside our control.
LINKS TO OTHER APPS:
NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
Each Term shall be deemed to be severable. If any Term or portion thereof is found to be invalid or unenforceable, such invalidity or unenforceability shall in no way effect the validity or enforceability of any other Term.
- You will not assign any rights or delegate any obligations under these Terms, in whole or in part, by operation of law or otherwise, without obtaining our prior written consent, which may be withheld in our sole discretion.
- We may assign our rights and delegate any of our obligations under these Terms, in whole or in part, without your consent. Any assignment or delegation in violation of the foregoing will be null and void. These Terms will be binding and inure to the benefit of each party’s permitted successors and assigns.
- We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
- Acts of god;
- Natural disasters;
- Shortage of supplies, equipment, and materials;
- Strikes and lockouts;
- Civil unrest;
- Computer hacking; or
- Malicious damage.
The Terms and Conditions cannot be modified on an individual basis by any person affiliated, or claiming affiliation, with us. Nothing in this section will prevent us from modifying the terms of these Terms and Conditions and posting such modifications on our app. We reserve the right, in our sole and exclusive discretion, to revise these terms and conditions at any time. All revisions shall be posted on this page. Since you are bound by all revisions made by us, you should review this page each time you connect to our app. It is important that you fully read and understand the terms and conditions you are agreeing to be bound by, when you use this app.
- Our app’s team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers by sending us an email at firstname.lastname@example.org or by clicking the unsubscribe link in our emails sent to you.
- You consent to receive notices and information from us in respect of the app and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
- By using our services, you are deemed to have executed this Agreement electronically; effective on the date you register your Account and start using our services. Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement.
- In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the app, you give us permission to provide these records to you electronically instead of in paper form.
- By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting at the Contact details provided on our app. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
- In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information by contacting Customer Support email@example.com
The Agreement, in connection with the other obligations, policies and rules detailed in writing on the app, constitute the entire agreement between you and the app.
For any further clarification of our Terms and Conditions, please write to us at firstname.lastname@example.org.