Terms of use

I.INTRODUCTION

This page provides the user the Terms of Use ("Terms") for our application 'OzSUM' ("Application") on which the user may download, install, apply, use or access our Application. The Application is operated by and through ZenMesh Pvt. Ltd., a company incorporated under the Companies Act, 1956 ("ZenMesh") having its business address at Level 8, Umiya Business Bay Tower 1,Cessna Business Park, Sarjapur Ring Road, Kadubeesanahalli, Bangalore-560103, Karnataka. Each user should read and peruse the Terms very carefully before downloading, installing, applying, using or accessing (Use) our Application. A user should not Use our Application if the user does not agree with our Terms. If the user Uses our Application, it would be construed that the user has voluntary accepted our Terms and that the user undertakes to abide with the Terms in its entirety including any changes, edition, alteration, amendment, modification, review or revision on and from the date on which the user Uses our Application. Violation or non compliance of our Terms is a serious act and on occurrence of any such event we reserve our right to immediately discontinue or disable the services offered to the user without notice. We also reserve our right to prosecute unauthorized users of our Application. The Terms could be changed, altered, edited, amended, modified, reviewed, revised or substituted by us at any time with or without prior notice and users are therefore requested to periodically review these Terms. If any need arises, we may suspend the provision of our services, the use and access of the Application and/or close the Application indefinitely. We may also impose restrictions on the length and manner of usage of any part of the Application for any reason. If we impose restrictions on the user personally, the user must not attempt to use the Application under any other name or user.

Our Privacy Policy pertaining to the Application forms an integral part of these Terms which is separately uploaded. Along with these Terms, the user is mandatorily required to review our Privacy Policy prior to the Use of the Application.

In case of any clarification pertaining to our Terms or Privacy Policy, the user may write an email to info@zenmesh.biz

II. OWNERSHIP

The ownership of the Application in its entirety including all Intellectual Property Rights (defined hereunder), contents and other features solely and exclusively vests with ZenMesh and the users shall have no rights over the same. The users shall not copy, reproduce, duplicate, distribute, republish, translate, edit, modify, alter, adapt, amend or otherwise exploit the Application in any form or by any means including but not limited to electronic, mechanical, photocopying, recording or in any other manner now known or developed in future. Through using the Application, the user's relationship with ZenMesh shall be on principal to principal basis wherein the user is given a very limited right to Use our Application subject to strict compliance of the Terms and our Privacy Policy. The Terms and Privacy Policy will continue to be binding upon users notwithstanding any merger or acquisition or change in control of ZenMesh or its owners, shareholders or partners unless otherwise notified or required by ZenMesh.

III.AGE RESTRICTION

The user shall have completed eighteen (18) years of age to download, install, apply, use or access our Application. If the user who is under eighteen (18) years and wishes to Use our Application, such a user must get consent from his/her parent or guardian before doing so.

IV.ELIGIBILITY

The user shall not be of unsound mind or declared insolvent and shall not be a disqualified person under any laws, statutes, ordinances, rules, regulations, guidelines, policies and other pronouncements having the force of law by federal, central, state, municipality, court, tribunal, government, ministry, department, commission, arbitrator or any judicial or non judicial forum of any jurisdiction ( Applicable Law ). If any person is using the Application on behalf of any corporation, company, institution, association or other entity, the user shall be authorized by such corporation, company, institution, association or other entity with full power and authority to Use our Application. The users shall not be one who is black listed by ZenMesh on account of their previous acts, omissions or conduct.

V.USER JURISDICTION

If the Application is Used by a user residing outside India, this shall be entirely at the user's risk. We make no representation that the Application, its contents and other features are available or otherwise suitable for use outside India. If the user uses the Application from or in locations outside India, it shall be the user's responsibility to ensure that the use of our Application in the manner as aforesaid is legal and valid under Applicable Law of the location from where the user is using our Application. The user agrees to undertake all liabilities, responsibilities and consequences, if any, in connection with the use of our Application from or in any location outside India under Applicable Law.

VI.USER RESTRICTION

Users agree to accept and follow the instructions provided by ZenMesh from time to time pertaining to the use of Application. The users shall not Use our Application in any manner that prejudicially affects the interests and goodwill of ZenMesh and/or its associated persons or entities including but not limited to other users.

The user agrees and undertakes that the information and other details provided to us is not false, incomplete, distorted, manipulated, fraudulent, misleading or infringing the rights of others. By providing or sharing any content or information with us through or by using the Application, the user represents and warrants that the user is legally competent and entitled to provide or share such content or information and that the user's act would not result in any violation of any contractual restrictions or other third party rights and that ZenMesh shall not be responsible nor liable in any manner whatsoever with respect to any such content or information shared with us by or through the Application. ZenMesh reserves the right to monitor, filter, block and remove any content or information posted, transmitted, transferred or send through or using our Application at any time with or without prior notice.

The user is not allowed to use the Application in any manner whatsoever for harassing, abusing, defaming, threatening, coercing, disturbing any other users or third parties. The user is prohibited from using the Application for any unlawful or illegal activities. The contents user shall post, transmit, transfer or send through or using our Application shall not be defamatory, libelous, misleading, inaccurate, sub judice, offensive, disturbing, obscene, communal, inflammatory, provoking, inciting or intended to be prejudicial to any religion, caste, sex, creed, nationality, region, nation, person, courts, government institutions or otherwise. The user shall ensure the contents they post, send, transmit or transfer through or using our Application in no manner violates the privacy of other individuals or entities. The users shall be solely responsible with respect to the contents they post, transmit, transfer or send through or using our Application and the users agrees to indemnify ZenMesh if any loss, damage or cost is incurred or suffered by ZenMesh, its owners, directors, managers, officers, staffs, agents, affiliates, associates, shareholders and partners due to the unauthorized use of our Application by any user without prejudice the right of ZenMesh to legally proceed against such user. By using the Application, the user hereby grants us an irrevocable, royalty-free, worldwide and assignable right to use any material or content that the user has posted, transmitted, transferred or sent through or by using the Application.

ZenMesh shall not be liable or responsible for any kind of direct, indirect, solicited or unsolicited communication made by any user to another user or third party including through emails, telecons, telefax, telegram, messages, mobiles, or other devices and medium now known or developed in future.

The users should not create or upload viruses, worms, bugs or any other such material which may harm, disrupt and adversely affect the operation and functioning of the Application. ZenMesh shall have the right to initiate civil and criminal proceedings against any user who is found guilty of creating or uploading viruses, worms, bugs or other material intending to harm, disrupt or adversely affect the functioning and operation of the Application. Users hereby expressly and specifically agree and undertake to comply with the requirements of all Applicable Law while Using our Application. Users shall alone be responsible for any violation of any Applicable Law in any manner whatsoever.

User agrees not to interfere, damage or disrupt with any part of the Application including but not limited to any network, devise, equipment or software used for storing or provision of the Application owned by ZenMesh or third party. Users shall be solely responsible for their interactions with other users. In certain circumstances ZenMesh may have to prohibit users from connecting with or contacting such other users as notified by ZenMesh.

VII.USE OF APPLICATION

To use the Application the user will require Internet connectivity and/or appropriate telecommunication links.

By registering for the Use of the Application, the user agrees to receive promotional notifications from ZenMesh over email, social networks, instant messaging, and SMS channels.

Our service does not include the provision of any computer system, resource, terminal, server, equipment, mobile or any devices necessary to Use the Application. We shall not have any responsibility or liability for any computer system, resource, terminal, server, equipment, mobile or any devices necessary for the user to Use our Application nor shall we be liable for any costs incurred from the use of the user's Internet and/or appropriate telecommunication links.

We are not liable for damages, viruses or other code that may affect the user's computer system, resource, terminal, server, equipment, mobile or any other devices while using our Application. We do not ensure that the Application will be compatible with all hardware and software which the user may use.

The user must comply with applicable third party terms, if any, such as mobile device agreement or wireless data service agreement etc. while using our Application.

VIII.SERVICES

In making the Application available to the user , we use our reasonable skill and care. However on account of the nature of internet and other technical reasons, we do not assure an uninterrupted or error free provision of services while the users Use our Application. Further the provision of our services may also be interrupted or suspended with or without notice in case of any repair or maintenance conducted by us or whenever we introduce new facilities and functions. We may change or update the Application at any time with or without notice to the user . ZenMesh may at any time change the nature of the services provided by it through the Application or provide additional or specific services through the Application under different terms of use and privacy policy with or without prior notice.

ZenMesh is not associated, affiliated, sponsored, endorsed or connected with any Non Governmental Institutions or other agencies or institutions or bodies of political or non political nature (Institutions ) that conduct, participate or promote lead generation or crowd funding activities. Through the Application, our role is limited only to sending notifications to connections of registered users (over social networks, email and instant messaging) about crowd funding or participation events, redirecting the users to the Institutions' websites when users register their interest in those activities or causes. We neither solicit nor undertake any responsibilities with respect to the users' participation in aforesaid activities which the user may join independently through third party websites at their own risk.

Users who are merchants, are allowed to list their promotional offers for their products and services on the Application in accordance with ZenMesh's policies from time to time which are incorporated by way of reference in this Terms of Use. Merchants should be legally able to deliver their products or services under their promotional offers made available through the Application. Listings on the Application may include text descriptions, graphics, pictures and audio visual content that describe the merchant's promotional offers of products or services. Merchants should ensure that the content, products or services do not infringe upon the intellectual property rights, trade secrets or other proprietary rights or rights of publicity or privacy rights of any person or party. All listed products must be kept in stock for successful fulfilment of offers by merchants through their own websites or stores.

The listing description of the products or services must not be misleading and must describe actual condition of the product or standard of service. If the description does not match the actual condition of the product or standard of service, merchant agrees to refund any amounts that it may have received from the user of the Application or to substitute the product another product of good condition or render services of acceptable standards. In case of repeated complaints by a user against the Merchant's product or service ZenMesh reserves the right to discontinue the services offered to the merchant and block merchant's access of the Application.

ZenMesh shall not be responsible or liable for any kind of free gifts, vouchers or similar instruments offered through our Application by various merchants, institutions, or third parties who access or use our Application and facilities. We undertake no responsibility or liability pertaining to the collection or delivery of the free gifts, vouchers or similar instruments offered through our Application by these merchants, institutions, or third parties. We repeat and reiterate that ZenMesh and its Application are independent from these third party merchants or institutions and we do not guarantee or warranty the quality or quantity of these third party merchant's or institution's free gifts, vouchers, products, services or instruments. The free gifts, vouchers, products, services or other instruments offered by various merchants through our Application have a validity period and hence we are not liable for any delayed acceptance of the merchant's offer by a User after the prescribed validity period. Through the Application, our role is limited only to sending notifications to connections of registered users (over social networks, email and instant messaging) about crowd participation events. The merchants are fully responsible for delivery of their products and services through their websites or stores.

IX.SERVICE COMMUNICATION

By accepting these Terms, the user agrees that we may at any time communicate with the user in any manner whatsoever about usage of the Application and inform or update the user about our services and features. The user represents, agrees and consents that such communication shall not be treated as an unsolicited communication and that such communications will be made solely on the basis of the user's express consent and authorization.

The user is required to update his/her settings regularly to ensure that our service messages and notices are received by the user timely and accurately and we shall not be responsible for any non receipt of any notifications, service communications or services due to user's own default.

X.PLATFORM

The Application is made available at http://www.ozsum.net/ and would be also located on a third party website including facebook and other social networking sites and cloud hosting infrastructure providers including Microsoft Azure, Amazon Web Services (Platform). ZenMesh and the Application are independent of the Platform on which the Application is located. Neither ZenMesh nor the Application is associated, affiliated, sponsored, endorsed or connected to the Platform or its operators. Users using our Application through the Platform shall read and understand the terms of use and privacy policy of such Platforms separately and independently and ZenMesh shall not be liable or responsible in any manner whatsoever for any action taken by the operators of the Platform or third parties against the users.

The user agrees and acknowledges that these Terms are concluded between the user and ZenMesh only, and not with the operators of the Platform and therefore we repeat and reiterate that the user's Use of our Application shall be separately subject to the terms of use and privacy policy of the Platform for which ZenMesh is not liable nor responsible.

XI.THIRD PARTY WEBSITES

Our Application may contain links to other websites. We are not in any way responsible for the terms of use or content of such websites and hereby expressly disclaim all liability associated with the content and use thereof. The linked websites are not under the control of ZenMesh. We encourage the user to read the terms of use and privacy policy of each and every linked website that collects the user's personally identifiable information. If the user decides to access any of the third-party websites linked to our Application, the user will do so entirely at the user's own risk. Any links to any partner of our Application shall be the responsibility of the linking party, and we shall not be responsible for notification of any change in name or location of any information on the website or liable for any actions, claims, losses or damages arising thereto.

We may allow other individuals, corporates, entities, companies, or institutions to display their advertisements through or using our Application. These individuals, corporate, entities, companies, or institutions may set their own cookies on the users in the internet browser hence the functionality of their cookie and the activities of the aforesaid third party entities are not controlled by ZenMesh. Any user who does not wish to have such cookies should change his or her settings.

XII.INTELLECTUAL PROPERTY RIGHTS

Users shall respect our intellectual property rights including but not limited to our (a) copyrights; (b) trademarks, trade names, brand names, service marks, service names, logos and corporate names together with all goodwill associated therewith and including, without limitation, all translations, adaptations, combinations and derivations of each of the foregoing, (c) all other intellectual property, including but not limited to terminologies and concepts, dash board, sub sites, social directory, designs, lay out, colour, scheme, pictures, images, photographs, texts, contents, files, software, patents, information technology, inventions, patents, domain names; and (d) all registrations and applications for registration, extension or renewal filed anywhere in the world for each of the foregoing contained on or associated with our Application or otherwise (Intellectual Property Rights ).

The Intellectual Property Rights are registered or unregistered property of ZenMesh and ZenMesh has every proprietary right over the Intellectual Property Rights. No user shall use, copy, reproduce, modify, alter, change, amend, transmit, broadcast, edit, revise, review, adapt, translate, distribute, perform, display, sell or otherwise deal with our Intellectual Property Rights in any manner now known or developed in future and on happening of any such event we reserves our right to immediately discontinue our services to the user without prejudice our right to initiate legal action against such users. The users also agree that they shall not use or apply for registration of any trademarks, service marks, domain names, brand names and logos which are similar to the trademarks, service marks, domain names, brand names and logos used in connection with the Application or owned by ZenMesh.

XIII.FEE

Our Application and allied services is currently made available to the user free of charge. However at any time in future, after duly notifying the users in advance, we reserve our right to charge the user for the use of our Application and provision of our services and all taxes as per Applicable Law.

XIV.THIRD PARTY PAYMENTS

ZenMesh shall not be responsible or liable for any kind of payments that may be required to be made by user to other users or third party websites or persons who are linked or connected through Application. We repeat and reiterate that we are not in any way responsible for the terms of use or content of such websites and hereby expressly disclaim all liability associated with the content and use thereof. ZenMesh and the Application are independent of such third party websites and persons. By and through using our Application the user would be linked or connected to other users or third party websites or persons and ZenMesh will not accept or receive any payments required to be made by any user to such other users or third party websites or persons and ZenMesh also reserves the right to be indemnified by the user if any loss or damage is incurred or suffered by ZenMesh, its owners, directors, managers, officers, staffs, agents, affiliates, associates, shareholders and partners on this account.

XV.DISCLAIMER

The user expressly agrees that the Use of the Application is at the user's sole risk. The Application and all information and content provided in the Application which are uploaded or provide or shared by other users are made available to the user through our Application on an "AS IS" basis and "AS AVAILABLE BASIS" without any warranties of any kind.

Through the Application, we provide a platform for interaction and exchange of ideas and information. We do not endorse the views expressed by any user. In no event ZenMesh shall be liable for any information, content, materials, gifts, products (including software) made available through the Application.

Whilst we endeavour to ensure that information and materials on the Application are correct, no warranty or representation, express or implied, is given that they are complete, accurate, up-to-date, fit for a particular purpose and, to the extent permitted by Applicable law, we do not accept any liability for any errors or omissions. As the Application is linked to third party websites, we assume no responsibility for results obtained from the use of the Application and for conclusions drawn from such use.

Even though we will try to ensure that the Application is bug free and user friendly, we do not provide any kind of assurance or guarantee or warranty about the safety of the Application. ZenMesh including its owners, directors, managers, officers, staffs, agents, affiliates, associates, shareholders and partners shall not be liable in any manner with respect to the loss or damage incurred or suffered by the users on account of virus attacks or bugs or other software or programmes that may be present or embedded in the Application.

We are not responsible and make no representations or warranties for the delivery of any messages sent through the Application to anyone. We neither warrant nor represents that the user's use of the service will not infringe the rights of the third parties. Any material, service or technology described or used on the Application may be subject to the intellectual property rights owed by third parties who have licensed such material, service, or technology to us.

We do not guarantee that the services provided will function without interruption or errors in functioning. In particular the operation of the services may be interrupted due to maintenance, updates, or system failures, virus attacks, bugs or due to any other technical reasons or otherwise. We disclaim all liability for losses or damages caused by any such interruption or errors in functioning. We also disclaim all liability for any malfunctioning impossibility of access or poor use conditions of the Website due to inappropriate equipment, disturbances related to internet services, down time, etc.

XVI.LIMITATION OF LIABILITY

The user agrees to indemnify and hold harmless ZenMesh, its owners, directors, managers, officers, staffs, agents, affiliates, associates, shareholders and partners from and against all actions, proceedings, claims, losses, damages and defence costs (including attorney fees) and other expenses suffered or incurred due to or attributable to or arising out of (i) violation of any Applicable Law; (ii) breach of these Terms or Privacy Policy and any modifications or additional notifications or instructions; (iii) infringement of any third party rights; (iv) the misuse or unauthorized use of the Application in any manner now known or developed in future; (v) virus, bugs, errors, deficiency, breakdowns or defects caused to the Application by the user and (vi) breach of any representation, warranty, covenant, obligation or undertaking given by the user from time to time. This Clause survives the termination of these Terms.

XVIII.TECHNICAL

When the user deletes any kind of information he or she must understand that the removed content may persist in backup copies. The user may not access (or attempt to access) any of the services by any means other than through the interface that is provided by the Application, unless the user has been specifically allowed to do so in a separate agreement with us. The user undertakes not to access (or attempt to access) any of our services or Use the Application through any automated means (including, but not limited to, use of scripts, web crawlers, spiders, scrapers, harvesting bots or robots) or any other means. The user information or any other type of other information should not be collected by the user through any electronic or other means.

The user should not do anything that disables, overburdens, or impair the proper functioning of the Application. The user specifically agrees that the user will not engage in any activity that interferes with or disrupts the services or the servers and networks which are connected to the services provided through the Application.

The user undertakes not to attempt to circumvent or modify any security technology or software that is part of the Application. The user also agrees not to engage or assist any other person, to circumvent or modify any security technology or software that is part of the Application. The user should also not obscure or obstruct any features of our Application including but not limited to security functionalities like HTML/CSS/scripts or any other means.

The user undertakes not to copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Application or any part thereof without a specific written permission from us to do so.

XIX.TERMINATION

We reserves the right to terminate our services and facilities provided to the user through our Application without prior notice in the event of any default committed by the user including but not limited to the breach of any Applicable Law, these Terms or the Privacy Policy including any amendments made from time to time or any other instructions or requirement notified to the user by us. On such termination, the user's information and other details shall be black listed by us and shall be taken into consideration whenever necessary.

Post termination of the services and facilities provided to the user through the Application, the user's personal information would reside in our database for a certain period of time. It is also clarified that certain terms and conditions of these Terms and the Privacy Policy continues to be binding on the user and if any user by default or otherwise is found using or dealing with our Application post termination of the services or facilities provided by us through the Application, the user shall be prosecuted by the us. The users shall be also liable to compensate us for any unauthorized use of our Application.

XX.MISCELLANEOUS

Severability:

Each of the provisions in these Terms are severable and distinct from the others and if at any time one or more such provisions is or becomes invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms shall not in any way be affected or impaired thereby.

Captions:

The various captions used in these Terms are for organizational purpose only and may not be used to interpret the provisions thereof. In case of captions and the related text conflicts, the text will prevail.

Partial Invalidity:

If any provision of these Terms is held to be illegal, invalid, or unenforceable under any present or future Applicable Law, (a) such provision will be fully severable; (b) these Terms will be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof; (c) the remaining provisions of these Terms will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from; and (d) in lieu of such illegal, invalid, or unenforceable provision, there will be added by ZenMesh a legal, valid, and enforceable provision to the extent possible.

Notices:

For purposes of service messages and notices about the services to the user , we may place a banner notice across its pages to alert the user about certain changes or modifications to these Terms. Alternatively, notice may consist of an email from us to the user . The user agrees that we may communicate with the user through his/her account or through other means including email or mobile. The user must review Terms and update his/her settings accordingly for the receipt of our notices and service messages. ZenMesh its owners, directors, managers, officers, staffs, agents, affiliates, associates, shareholders and partners shall have no liability for the non receipt of our service messages and notices because of the user's own default including non updating and improper maintenance of the settings and the user's account.

Any user may contact us in the following address:

To
ZenMesh Pvt. Ltd.
Level 8, Umiya Business Bay Tower 1,
Cessna Business Park,
Sarjapur Ring Road, Kadubeesanahalli
Bangalore-560103

Email: info@zenmesh.biz

Assignment:

The user shall not assign its rights or obligations under this Terms and Privacy Policy to a third party.

XXI.GOVERNING LAW AND JURISDICTION

The terms and conditions of this agreement shall be governed by Indian Law and the courts in Bangalore, Karnataka shall only have exclusive jurisdiction to resolve any disputes.

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