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TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING www.zigly.com ('Website') & MOBILE APPLICATION - ‘ZIGLY FOR HAPPY PETS’ (‘App’) TOGETHER AS (‘PLATFORM’). THESE TERMS OF USE (HEREINAFTER 'Terms of Use') GOVERN YOUR ACCESS TO AND USE OF THE WEBSITE AND APP. THE WEBSITE AND APP ARE AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE PLATFORM. BY IMPLICITLY OR EXPRESSLY ACCEPTING THE TERMS OF USE, YOU ALSO ACCEPT AND AGREE TO BE BOUND BY ZIGLY POLICIES (INCLUDING BUT NOT LIMITED TO PRIVACY POLICY) AS AMENDED FROM TIME TO TIME AND AVAILABLE ON THE PLATFORM. BY ACCESSING OR USING THE PLATFORM, YOU AND THE ENTITY YOU ARE AUTHORISED TO REPRESENT SIGNIFY YOUR AGREEMENT TO BE BOUND BY THE TERMS OF USE.

YOU ARE RESPONSIBLE TO ENSURE THAT YOUR ACCESS TO THE PLATFORM AND MATERIAL AVAILABLE ON OR THROUGH IT ARE LEGAL IN EACH JURISDICTION, IN OR THROUGH WHICH YOU ACCESS OR VIEW THE PLATFORM OR SUCH MATERIAL

The Platform is owned by Cosmo First Limited( Formerly Cosmo Films Limited ), an incorporated entity having its registered office at 1008, DLF Tower A, Jasola District Centre, New Delhi – 110 025 (hereinafter referred to as "Zigly" / “us” / “we” / “our”).

 

1) Membership/Registration Eligibility

Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Platform. If you are a minor i.e., under the age of 18 years, you shall not be able to register yourself as a user of the Platform and shall not transact on or use the Platform. As a minor, if you wish to use or transact on Platform, such use or transaction may be made by your legal guardian or parents who shall be registered on the Platform. Zigly reserves the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to Zigly’s notice or if it is discovered that you are under the age of 18 years and/or are incompetent to contract as provided under the Indian Contract Act, 1872.

 

2) SCOPE AND BACKGROUND

This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder as applicable and the amended from time to time, pertaining to electronic records. This electronic record is generated by a computer system and does not require any physical or digital signatures.

For the purpose of the Terms of Use, wherever the context so requires "you" or "user", it shall mean any natural or legal person who has agreed to become a customer on the Platform by providing your information and data while registering on the Platform as a registered user using the computer and mobile systems.

Zigly permits the user to surf the Website and App and/or making purchases and/or subscribing to services through Website and/or App only after registering yourself on the Website and/or App.

When you use any of our services and/or purchase any of the products through the Website or App, including but not limited to, product reviews, service reviews etc., you will be subject to the Rules, Guidelines, Policies, Terms and Conditions applicable to such services and products, and they shall be deemed to be incorporated into the Terms of Use and shall be considered as part and parcel of the Terms of Use. We reserve the right, at our sole discretion, to change, modify, add or remove portions of the Terms of Use, at any time without any prior written intimation. It shall be your responsibility to review the Terms of Use periodically for any updates / changes. Your continued use of the Website and/or App following the posting of changes shall imply and mean that you accept and agree to the revisions / changes. As long as you comply with the Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform and subscribe to services and purchase of products.

ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR EXPLICIT CONSENT TO ALL THE TERMS AND CONDITIONS UNDER THE TERMS OF USE, SO PLEASE READ THE TERMS OF USE CAREFULLY BEFORE PROCEEDING.

 

3) Your Account and Registration Obligations

If you use the Platform, you shall solely be responsible for maintaining the confidentiality of your display name / user name and password, used for logging in into your account on the Platform and you shall solely be responsible for all activities that shall take place under your display name / user name and password. We shall not assume and held liable/responsible in any manner whatsoever for any of the activities done using your account. You agree that if you provide any information which is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, we reserve the right to indefinitely suspend or terminate or block access to your account and refuse to provide you access to your account.

 

4) Communications

When you use the Platform or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and further you consent to receive communications via electronic records from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

 

5) Charges / Fees

Membership / creating an Account on the Platform is free as Zigly does not charge any fee for browsing on the Platform. In particular, Zigly may at its sole discretion can introduce new services/products and modify some or all of the existing services/products offered on the Platform. In such an event Zigly reserves the right to introduce fees for the new services/products offered or amend/introduce fees/prices for existing services/products, in its sole discretion. Zigly reserves the right to change its fees/prices from time to time. Changes to the fees/prices shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees/prices shall be quoted in Indian Rupees (INR). You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Zigly.

 

6) Use of the Platform

You agree, undertake and confirm that your use of Platform shall be strictly governed by the Terms of Use, including Rules, Guidelines, Policies, Terms and Conditions applicable to such services and products:

(a) You shall not host, display, upload, modify, publish, transmit, update or share any information which:

  • belongs to another person and to which you are not authorized to
  • is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilia, libellous, 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; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  • is misleading in any way
  • is offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual
  • harasses or advocates harassment of another person;
  • involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  • promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
  • promotes an illegal or unauthorized copy of another person's copyrighted work such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  • provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  • provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • contains video, photographs, or images of another person (with a minor or an adult).
  • tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  • solicits gambling or engages in any gambling activity which we, in our sole discretion, believes is or could be construed as being illegal;
  • interferes with another user's use and enjoyment of the Platform or any other individual's user and enjoyment of similar services;
  • refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of the Terms of Use.
  • harm minors in any way;
  • infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  • violates any law for the time being in force;
  • deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  • impersonate another person;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  • threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
  • shall not be false, inaccurate or misleading;
  • shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
  • 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

(b) 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 Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to bar any such activity.

(c) You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.

(d) You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other customer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, 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 Platform.

(e) You shall not make any false, 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 Zigly or otherwise tarnish or dilute any Zigly 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.

(f) You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Zigly' systems or networks, or any systems or networks connected to Zigly.

(g) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.

(h) You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal send to us on or through the Platform or any service offered on or through the Platform. You shall not pretend that you are, or impersonate any other individual or entity.

(i) You may not use the Platform or any contents thereof for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Zigly and / or any of its Affiliates. Refer 'Limited License and Restrictions of Use' in 'Legal' section for more information.

(j) Solely to enable us to use the information that you supply us with, so that we are not violating any rights you might have in your information, you agree and accept to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with the Terms of Use, Privacy Policy and any other policy applicable to use of the Platform.

(k) You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services that are being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of the Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. You understand and accepts that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy and needed under any law, regulation or by valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information related to you and made available to us by you or your activity on Platform to law enforcement agencies or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.

(l) We reserve the right, but have no obligation, to monitor the content posted on the Platform. Zigly reserves the right to remove or edit any content that in our sole discretion which violates, or is alleged to violate, any applicable law or either the spirit or letter of the Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that any content posted does not necessarily reflect Zigly views. In no event shall Zigly shall assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all content and information which are provided at your end and it contains and that such content shall not contain any libellous, tortious, or otherwise unlawful information.

(m) Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be held responsible or liable in any scenario whatsoever, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.

(n) It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain your personal information due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized users and usage of Platform, but by using the Platform you acknowledge and agree that we shall not be held responsible for the use of any personal information by any third-party, that is publicly disclosed or shared by you with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

(o) Zigly 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).

 

7) Privacy Practices

We understand the importance of safeguarding your personal information and we have formulated a Privacy Policy to ensure that your personal information is sufficiently protected. Apart from there Terms of Use, the Privacy Policy shall also govern your visit and use of Platform. Your continued use of the Platform implies that you have read and accepted the Privacy Policy and agree to be bound by its terms and conditions as amended from time to time and uploaded on the Platform. You consent to the use of personal information by Zigly in accordance with the terms of and purposes set forth in the Privacy Policy, the same may be subject to amendment from time to time at the sole discretion of Zigly.

 

8) Customer Agreement for our Services & Products

(a) We reserve the right to modify the Terms of Use and policies visible on our Platform at any time without giving you any prior intimation and/or notice. Your use of our service(s) or purchase of product(s) through our Platform or usage of Website or App following any such modification constitutes your agreement to follow and be bound by the Terms of Use and other policies, as modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable to general and specific areas of our services or to any particular services offered by us are also considered as Terms of Use. By agreeing to the terms, you also agree to the terms of use of the service, which are available on Platform.

(b) You acknowledge that you will be bound by the Terms of Use for availing any of the service(s) offered by us and purchase of the product(s) sold on the Platform.

(c) Your right to use our Platform and our services will be solely at the discretion of Zigly.

(d) The service(s) may change from time to time, at our sole discretion, and Terms of Use will apply to our professional’s home visits & home services and your use of the Platform to avail the service/s or purchase product(s), as well as to all information provided by you on Platform at any given point in time

(e) Terms of Use defines the terms and conditions under which you are allowed to use the Platform and describes the manner in which we shall treat your account while you are registered as a user with us. If you have any questions about any part of the Terms of Use, please email us at [email protected].

(f) By downloading or accessing the Platform to use our service(s) and purchase the product(s) offered by Zigly, you irrevocably accept all the conditions stipulated in the Terms of Use, and any policy available on the Platform. The Terms of Use supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Platform to avail our service(s) or purchase of product(s). By availing any of our service & buying any product through Website or App, you signify your acceptance of the Terms of Use.

(g) You acknowledge that you will be bound by the Terms of Use for availing any of the service(s) offered by us or purchase of any of the product(s) from the Platform. If you do not agree with any part of the Terms of Use, please do not use the Platform or avail any of our service(s) or purchase any product(s) from Platform. The Terms of Use is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

  • the Indian Contract Act, 1872,
  • the (Indian) Information Technology Act, 2000, and
  • the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the "SPI Rules", and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011, as amended from time to time (the "IG Rules").

(h) You agree that 'Vet on Call' services are tailor-made and advised by qualified veterinary practitioners and you undertake the responsibility of medical services and risks involved. Zigly shall ensure high quality of veterinary services but in no scenario whatsoever shall be held responsible for any service or medicinal error including criminal activity by any veterinarians. You understand and agree that the services offered by Zigly directly or through veterinarians/affiliate veterinarians of Zigly has a risk of failure and/or adverse effects resulting in the possible mortality of your pet. You understand and agree that Zigly does not guarantee any assured recovery or assured outcome from the veterinary service offered. You agree to provide a safe environment for our service providers/ veterinarians to discharge their duty and you will ensure that they are not harassed, abused or troubled in any way physically, psychologically or emotionally. You authorize Zigly to collect the pets and their owners' data and use/share the same with others (without revealing your identity). Zigly will not be responsible for misuse of your data by our veterinarians, affiliates veterinarians, employees or other parties. You will make payments to Zigly as per the terms agreed and will not link it with the outcome of the service provided/ to be provided.

 

9) Miscellaneous

(a) Effective Date

The Terms of Use and the Privacy Policy shall at all times govern the use of the Platform and its services, along with the other policies which specifically apply to you and Zigly. The Terms of Use has been executed and becomes applicable to you from the date on which you accepted it via the Platform.

(b) Alteration to Policies

Zigly retains the right to alter the Terms of Use at any time by posting the revised terms on the Platform's home. Zigly at all times reserve the right to do so without giving you any prior intimation / notice. You hereby forgo all your rights to be intimated in case of any change/alteration in the terms and conditions and if you continue to use the Platform it is indicative of your acceptance of the revised Terms of Use. You must therefore verify the Platform regularly for revisions and modifications that come posted online by clicking on the appropriate link. You will find a listing of all changes and their corresponding 'Effective Dates' as well.

(c) Intellectual Property Rights

All contents on the Platform are protected by way of copyright, trademark and/or other intellectual property laws. Any unauthorized use of such intellectual property or information on the Platform will be considered as infringement/piracy of Zigly’s intellectual property rights. From the logos of Zigly to the graphics, designs, icons of buttons, scripts, service names or even page headers for that matter, from the trademarks and trade outfits of Zigly to domain names or email addresses are all property of Zigly. Thus, such property on the Platform should not form part of the trademark or as part of domain names or mail addresses unless and other wise expressly and explicitly stated and authorized by Zigly. Further, they cannot be linked to any merchandize, item or service which is likely to lead to ambiguity in the customer’s mind. Above all, Zigly does not consent to or bestow any rights or license of any kind to you under any copyrights, patents, trademarks, trade secrets or any other intellectual property rights unless unequivocally and explicitly stated by Zigly in writing.

(d) Membership and Access Bound by Local Restrictions

You undertake that all registration information tendered by you is truthful and authentic. Zigly reserves its discretion to refuse access to or use of the Platform to any individual and even change the eligibility criteria at any time. This provision would be deemed invalid wherever it's forbidden by law and the right to access the Platform would of age. In these cases it is deemed that the adult in question takes responsibility for the operations of the minor on the Platform.

The Platform and all information and usage confined to it are not directed at or meant for use by individuals residing in or located in any zone where: a) The distribution of such information or operations there in is in contradiction to the prevalent laws in that region. b) Such distribution is forbidden without Zigly obtaining the necessary licenses or permissions and these have not been availed of by Zigly. It's deemed that you consent to and will abide by all the laws concerning online content and proved and established as honourable and acceptable content.

(e) Account Transfer

Under no circumstances you can transfer or sell your Zigly account and user ID to another person or party. The contract that you make when you register with Zigly is a wholly personal agreement between you and Zigly. If you are registered as a business entity then again, it will be deemed that you personally guarantee that you have the authority to bind the entity to the Terms of Use.

(f) Limited License and Restrictions of User

You are allowed a non-exclusive, limited, revocable, non-transferable license to view, reserve, bookmark, download and print the pages within this Platform exclusively and only for your, informational, personal and non-commercial use.
You are allowed to print pages and sections of the Platform only for your personal and non-commercial use. However, such print outs must retain any markings indicating Zigly copyright over such material or other rightful notices.
Zigly awards to you limited, revocable, non-transferable rights to look at, to save, to book mark, down load or print pages within the Platform for your personal, educational and non-commercial or non-profit making use as expressly authorized by Zigly in writing.
It is your responsibility for acquiring, reserving all furnishings, services and other materials that you need to access the Platform. Zigly retains all rights that are not expressly stated in the Terms of Use.
Going by what is explicitly stated in the Terms of Use or as expressly communicated by Zigly in writing, you may not:

  • Loan out, ration or part with, publish or even republish, reproduce or divulge, transmit, present, sell, distribute or lease any part of the Platform or any data for that matter to a third party. The Platform cannot also be used as a ground for a directory or a database created for business reasons.
  • Eliminate any watermark, copyright, trademark or other rightful communications on the Platform or on any material thereof.
  • Reverse engineer, disassemble, decompile, decode, defragment any software used in furnishing, storing, admitting, serving or even assessing or surveying the Platform.
  • Reach out to, download, manipulate information or databases, transfer data that encompasses the Platform or parts of it using the conventions or interfaces other than those furnished by Zigly as part of the Platform.
  • Employ any bunch of labour or outsourced work force to operate on the Platform in any manner. Employ any automated modes to contact users via the Platform.
  • Connect with users by means outside of the Platform.
  • Attempt to assert any sort of ownership right over the Platform or any element thereof or do any such act that challenges Zigly’s exclusive ownership over the Platform.
  • Commit any act that constitutes a breach of any privacy or data security laws. Furthermore, you concede to the following:
  • Not to subvert, intrude, break or abuse the Platform or any of the services, system resources, accounts, servers and networks that come connected to the Platform or can be linked via the Platform. Under no circumstances will you disturb or intrude in the affairs of any user or his engaging interests in the Platform or affiliated or linked Platforms.
  • Not to deliver on to the Platform or otherwise transmit via the Platform any kind of virus, spam or malware or harmful files.
  • Not to exercise any sort of framing systems to snatch any of the trademarks, logos or content or other rightful data and content including images, layouts and designs of the Platform.
  • Not to utilize any hidden text or tags when you use Zigly’s name, product or trademark among more.
  • Not to utilize any false personification on the Platform.
  • Not to gather or stock private information of others gotten via the Platform without their prior consent.
  • Not to try and gain access in parts of the Platform which is restricted to general users.
  • Not to indulge in any kind of activity that could bring in an excessive and incommensurate large bulk of heaviness to the Platform's infrastructure.
  • Not to place any kind of data that is falsely represented or could be defamatory, not correct, vulgar, abusive, profane, sexual, intimidating, dangerous or intrusive upon the privacy of an individual or in breach of any relevant laws.
  • Not to place any data that could be in breach of another individual's intellectual property rights.
  • To be in sync with all relevant laws that have to do with your use of or activities in connection with the Platform.
  • To be responsible for the images, description and any content uploaded by you on the Platform and not to infringe the copyrights or intellectual property rights of others. Zigly takes no responsibility of any content or part thereof uploaded by you on the Platform.
  • In the event your infringement of the copyrights or intellectual property rights of others comes to Zigly notice, your account with Zigly would be terminated for good.
  • To the extent that is required for the purpose of a transaction, a buyer could obtain private information as in email address and shipping data. However, this private data can be used only to aid in the specific transaction or project agreement and nothing else.

(g) Management of Reputation and Appraisal Functions

The Platform provides for services to its users, functions of the likes of management of reputation and appraisals, surveys, blogs, glossary of terms and a presence on social media sites - all of which could be collectively called the 'Boards'. Zigly is not in any manner responsible for the material put up on such 'Boards'.

If any such committees, boards, panels, groups are established, Zigly would merely be administering the matter on the boards and support access to such boards to be of assistance to you. It does not take responsibility for any matter posted on any of the boards.
Besides, these boards can be used only in a non-commercial manner. Further by using such boards, you are in concurrence with the fact that you agree not to put up on the Platform or publish any material that is to the best of your knowledge, libellous, defamatory, obscene, abusive, pornographic, not correct, threatening or; are in contravention of intellectual property rights including but not restricted to copyrights or trademarks of any individual or entity; material that is illegal in any way or advocates illegal activity under any applicable law.
Further you agree that you will not post any advertisement or any promotional material or material that asks for funds, goods or services - unless you have gotten the exclusive permission and rights to do so.

Again, any communication posted by you impersonating another or information that may be very personal in nature as in personal phone numbers, account numbers, personal addresses, employer references or letters of chain or serial communication whatsoever. will strictly be not entertained in any scenario whatsoever.

It will be deemed that you are in agreement with the fact that you will indemnify Zigly for any allegations, suits or claims of any sort that may be brought about by your posting such material on any such boards.

Zigly reserves the right to screen and delete any postings deemed not in keeping with its policies or constitution. At the same time Zigly bears no obligation to screen any material in the boards or remove any particular material. Zigly does not take any responsibility for the matter which is posted on the boards nor justifies the accuracy of such matter by any third party.

 

(h) No Guarantee/Warranty

There may be a multitude of factors due to which the services of the Platform could get disrupted any time. Zigly does not in any manner guarantee uninterrupted and continuous admission to the site for reasons beyond the control of Zigly.


All content and data online that is on the Platform have been garnered by Zigly from what's believed to be reliable and authorized sources. The matter has been furnished on an 'As is where is' basis.

Zigly does not in any way provide for any warranty concerning the content and material on the Platform. This includes without reservation the warranty to title, non-violation, commerciality or fitness for any reason. Zigly does not in any way warrant the information or outcome of the use of the Platform, or that the Platform is virus-free or error-free. Zigly has no obligation to audit, validate or otherwise verify any information contained in the Platform.

 

(i) Viruses

Neither responsibility nor liability, in any scenario whatsoever will be taken by Zigly for any damages that may be caused to your equipment or any other property, which may be caused by your accessing or using our Platform.

(j) Links

Given that Zigly may be accessible by hyperlink or may provide hyperlinks to other sites. The Platform disclaims all damages for the nature of content of such sites that are accessible from Zigly or those that link to Zigly.

Further to this again, the linked sites are not in any manner coming under the purview of Zigly and hence the Platform shall not carry any responsibility for the content of any linked site or any link for that matter, contained in a linked site. Nor will it carry responsibility for any review, amendments, updates or modifications to such sites.

Also, inserting a link / link present in the Platform does not mean that Zigly has given any kind of affiliation, endorsement or even adoption of a linked site or any data that may comprise the site.

It's crucial for you to be aware that when you depart from the Platform and get into another Platform, the terms of use or the constitution no longer govern the new site. Thus, it's important for you to review the rules and regulations including the privacy policy and data gathering systems - that govern the other websites and/or apps. Zigly disclaims and shall not be held liable or responsible for all damages for content of websites that are linked to its site or frame its site.

 

(k) Electronic Communication (E-mail, World Wide Web, Calls)

The World Wide Web (“www”) that rests on the internet is a globally and in fact universally accessible vehicle. Electronic mail messaging is therefore vulnerable to lack of confidentiality with no security to boot. They can be viewed by any number of people; they could be lost, intercepted or even changed.

Emails often get across national borders even when both sender and receivers are within the same country. It is therefore advised that you restrict all your communication to secure channels, if such a channel is provided to you by Zigly.
Information that qualifies as personal, confidential or account related information should not be transmitted using ordinary mail and the contact/communication should only be through Zigly emails/calls as already mentioned.

Any conversation outside the pre-defined communication channels is not accountable by Zigly and is subjected to jurisdiction.

 

(l) Governing Law and Jurisdiction

The Terms of Use and the policies visible on the Website and/or App shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts at New Delhi shall have exclusive jurisdiction.In absence of consensus between the Parties dispute regarding the Terms of Use and other Policies on the Website and/or App, between the parties hereto, shall be referred to a sole independent arbitrator who will be appointed mutually and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat and venue of arbitration shall be held in New Delhi.

 

(m) Limitation of Liability

To the maximum extent as permitted by law, under no circumstances will either Zigly or any of its directors, employees, agents, suppliers or associates in collaboration with it take responsibility or bear any liability whatsoever to any person for any direct or indirect loss, liability, cost or damages of any kind. Be it under contract or Tort including carelessness or otherwise that may be resultant of using all or parts of the Platform. Regardless of this, just in case Zigly is found to be liable, then the responsibility of Zigly and as the case may be that of Zigly' subsidiaries, directors, officers, employees, suppliers, consultants and other associates towards you is limited to the maximum of prices/fees that you had paid to Zigly.

 

(n) Indemnity

It will be deemed that you agree to indemnify and maintain - as applicable – Zigly’ parent, subsidiaries, directors, affiliates, officers, consultants, suppliers, agents and employees as harmless from any claim, demand or pressure, including a satisfactory amount of attorney fees, made by any third party caused by your breach of the terms of the constitution, or your violation of any law or the rights of any third party.

 

(o) Conflict with Additional Terms

When we say 'Additional Terms' we are referring to terms, conditions, disclosures and disclaimers, which may pertain to certain web pages or sections of the Platform/services/products. Besides, you may enter into one or more contracts with Zigly, which refer to the 'Other Agreements'. In case of a conflict the terms of the 'Other Agreement' will take priority, following which will be the 'Additional Terms', which will be followed by the Terms of Use/Legal.

 

(p) Termination

All rights awarded to you by Zigly will be brought to an end in case of any violation of the Terms of Use. Zigly has the sole discretion to exercise the right to temporarily or permanently terminate your access to and use the Platform at any time for whatever reason it deems fit. This will be done at any time without giving you any notice or any liability accruing on Zigly’s part. Further, Zigly will not be liable to you or any third person in case your access to the site or its use is suspended for any reason by Zigly.

 

(q) Choice of Law and Venue

The Terms of Use and policies shall be expounded and construed with and by the laws of the India, regardless of its conflict to laws and rules in India.
Disputes of any sort will be subject to the exclusive jurisdiction of the courts situated within New Delhi and the user hereby will have to comply with the jurisdiction of the courts of Delhi.

 

(r) Severability Clause


In case any part of the Terms of Use is held to be not enforceable, such a holding will not affect the validity of the other provisions of the Terms of Use, which will continue to remain wholly enforceable and effective.

 

(s) General


The Terms of Use charted out, sets forth the entire understanding and agreement between the parties concerning the subject matter hereof. In the event any of the provisions of the Terms of Use is held to be unenforceable, such a clause / condition shall be struck and the remaining provisions continue to be enforceable.
Zigly and you are independent entities and it is deemed that no sort of partnership, agency, joint venture, employer-employee, franchisor-franchisee relationship is in any way created or mediated through the Term of Use.
Zigly may assign this agreement by giving you prior notification. No waiver on Zigly' part shall be deemed to be a waiver of any earlier or subsequent default here under. It is deemed that the following sections go beyond any termination or expiration of the Term of Use. License to Zigly, no warranty, limitation of liability, release, indemnity, applicable law and dispute resolution, and all general clauses.

 

(t) Contact Information:
Email Id: [email protected]
Phone: 8069601281 / 18003091281
Contact Days and Time: 8:00 AM to 9:00 PM, Monday-Sunday

 

(u) Account Deletion:
To delete your account from our Platform you shall email us with your registered id on [email protected] .