This is a binding legal contract between you and The Zailet Group PVT Limited (and any predecessor and successor entities) covering your use of the websites/applications/platforms/software/technology platforms owned and operated by Zailet (collectively “Zailet Properties").
We refer to all of the companies in our corporate group as "Zailet", "we", “our” or "us". References to “you”, and “your” shall be deemed to be references to you.
Some portions of Zailet Properties may be accessed without an account or by signing in with Google/YouTube/any social networking account or by signing/executing a separate subscription agreement, as indicated herein. Upon you accessing the Zailet Properties, you can only use your account for the purposes we describe on the Zailet Properties and/or as per the terms set out herein and/or as explicitly stated in the subscription agreement.
You are responsible for everything done through your account, therefore do not share your login ID, credentials, details and/or password with anyone you do not want to be accountable for. Do notify us right away if you have lost control of your account ID or password or you suspect there is unauthorized activity in your account.
YOUR CONDUCT IN RELATION TO YOUR ACCOUNT
1. You shall be solely responsible for the information as provided by you while creating an account.
2. You shall not engage in any activity intended to obtain password, account, or private information from any another user.
3. You shall not transmit unwanted email /spam or contain any other negative communications.
4. You shall not post anything that could be considered defamatory, libelous, violates third party intellectual property or is considered a criminal offence.
5. You shall not open a new account without our written permission if we have terminated a prior account or suspended your access to the Zailet Properties or any Services.
6. You cannot transfer/assign your account to someone else.
8. You shall not do anything we have not permitted to be done on the Zailet Properties.
CONTENT & OWNERSHIP
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content including any enhancements or modifications contained on the Zailet Properties is owned, controlled or licensed by or to Zailet, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except for rights expressly granted herein and/or in the Agreement, no other rights, title or license shall be considered granted in your favor.
In the event you desire to use in any manner whatsoever any of Zailet’s trademarks, service marks, logos or Content as available on the Zailet Properties, then you shall seek our prior written approval via email at email@example.com.
TYPES OF CONTENT
Zailet endeavors to ensure that the Content as available on Zailet Properties are suitable for viewers of all ages. We do not distribute sexually explicit or pornographic material however, on some of Zailet Properties, certain Content displayed may show adult content, nudity, foul /abusive language, excess skin or content suitable for viewers of the age 18 and above. Such content is purely displayed in relation to the context in which they are used on the Zailet Properties and viewers discretion is advised.
USE OF Zailet PROPERTIES & ITS CONTENT
Any and all Content on the Zailet’s Properties shall not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without our prior written consent.
You may 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 Zailet Properties or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Zailet Properties or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Zailet Properties. Zailet reserves the right to bar any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Zailet Properties, or any other systems or networks connected to the Zailet Properties or to any Zailet server, or to any of the services offered on or through the Zailet Properties, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Zailet Properties or any network connected to the Zailet Properties nor breach the security or authentication measures on the Zailet Properties or any network connected to the Zailet Properties. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Zailet Properties, or any other customer of Zailet, including any Zailet account not owned by you, to its source, or exploit the Zailet Properties or any service or information made available or offered by or through the Zailet Properties, 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 Zailet Properties.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure on any of the Zailet Properties or Zailet’s systems or networks, or any systems or networks connected to the Zailet Properties or to Zailet.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Zailet Properties or any transaction being conducted on the Zailet Properties, or with any other person’s use of the Zailet Properties.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to Zailet on or through any of the Zailet Properties or any service offered on or through the Zailet Properties. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
PURCHASES; OTHER TERMS AND CONDITIONS
Zailet’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on the Zailet Properties should be construed to alter such agreements.
Zailet may make changes to any products or services offered on the Zailet Properties, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Zailet Properties with respect to products and services may be out of date, and Zailet makes no commitment to update the materials on the Zailet Properties with respect to such products and services.
UNSOLICITED IDEA SUBMISSION POLICY
Zailet or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, audio-visual content, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names etc. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Zailet or any of its employees. If, despite our request you make a submission, then regardless of what your communication states, You agree that: (1) your submissions and their contents will automatically become the property of Zailet, without any compensation to you; (2) Zailet may use or redistribute the submissions and their contents for any purpose and in any way; (3) there is no obligation for Zailet to review the submission; and (4) there is no obligation to keep any submissions confidential.
THIRD PARTY CONTENT
You acknowledge and agree that Zailet has no control over any third party content and does not endorse and are not responsible or liable for any content, advertising, products, features, services, information or other materials promoted or displayed, or any websites/applications/platforms that they may link to (collectively, “Third Party Content”). We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by any Third Party Content.
Zailet may disclose any information we have about you (including your identity) if Zailet determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of any of the Zailet Properties, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Zailet’s rights or property, or the rights or property of visitors to or users of the Zailet Properties, including Zailet’s customers. Zailet reserves the right at all times to disclose any information that Zailet deems necessary to comply with any applicable law, regulation, legal process or governmental request. Zailet also may disclose your information when Zailet determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that Zailet may preserve any transmittal or communication by you with Zailet and may also disclose such data if required to do so by law or if such preservation or disclosure is reasonably necessary to
(1) comply with legal process,
(3) respond to claims that any such data violates the rights of others, or
(4) protect the rights, property or personal safety of Zailet, its employees, users of or visitors to the Zailet Properties and the public.
You further agree, that if you breach or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
1. send you one or more formal warnings;
2. temporarily suspend your access to the Zailet Properties
3. permanently prohibit you from accessing the Zailet Properties;
4. block computers using your IP address from accessing the Zailet Properties;
5. contact any or all of your internet service providers and request that they block your access to the Zailet Properties;
6. commence legal action against you, whether for breach of contract or otherwise; and/or
7. suspend or delete your account on any of the Zailet Properties.
8. Suspend or delete your account upon requests by law enforcement or other government agencies
9. Where we suspend or prohibit or block your access to any of the Zailet Properties or a part thereof, you must not take any action to circumvent such suspension or prohibition or blocking including without limitation creating and/or using a different account.
Zailet is strongly committed to respecting intellectual property and other rights of a party. To report any instances of copyright infringement, please email us right away at firstname.lastname@example.org with the subject: Copyright Infringement and we shall endeavor to respond at the earliest.
INDEMNITY, DISCLAIMERS AND LIMITS ON LIABILITY
You will indemnify, defend, and hold harmless Zailet, its affiliates, subsidiaries, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to your use of the Zailet Properties and/or our Services and/or the Agreement. Zailet reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
THE COVERED ENTITIES MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON INFRINGEMENT. THE COVERED ENTITIES DO NOT MAKE ANY REPRESENTATION AS TO THE POTENTIAL REVENUES OR OTHER BENEFITS YOU MAY REALIZE BY USING THE SERVICES. THE SITES AND THE SERVICES ARE PROVIDED AS IS AND AS AVAILABLE.
Like all Internet businesses, the Zailet Properties and Services are vulnerable to down time
(1) caused by outages to any public Internet backbones, networks or servers,
(2) caused by any failures of your equipment, systems or local access services,
(3) for previously scheduled maintenance or
(4) caused by events beyond our control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where our or your servers are located. We cannot guarantee complete accuracy in the information we report.
THE COVERED ENTITIES ARE NOT RESPONSIBLE FOR ANYTHING ACCESSED VIA ANY LINKS TO THIRD PARTY WEBSITES, SERVICES, SOFTWARE OR ANYTHING ELSE. YOU BEAR ALL RISKS ASSOCIATED WITH USING THIRD PARTY LINKS, WEBSITES, ETC.
YOU AGREE THAT YOUR ACCESS AND USE OF THE ALPEH’S PROPERTIES SHALL BE AT YOUR SOLE RISK, AND THAT ALL CONTENT AND SERVICES MADE AVAILABLE ON OR BY WAY OF THE Zailet SITES ARE PROVIDED TO YOU “AS IS.”
TO THE FULLEST EXTENT PERMITTED BY LAW, THE COVERED ENTITIES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE Zailet’s PROPERTIES, ITS SERVICES AND YOUR USE THEREOF.
Zailet MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE Zailet’S PROPERTIES OR OTHER RESOURCES LINKED OR ANY OTHER ADVICE THAT YOU MAY RECEIVE FROM Zailet, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR
(I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT,
(II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE Zailet PROPERTIES OR ITS SERVICES,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF ALPEH’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Zailet’s PROPERTIES, AND/OR
(IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE ALPEH SITES BY ANY THIRD LEPHPARTY.
Zailet DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY IN ANY CONTENT FEATURED OR LINKED FROM THE Zailet PROPERTIES.
VOID WHERE PROHIBITED
Zailet administers and operates the various Zailet Properties from various locations around the world. Although the Zailet Properties is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Zailet Properties are available to all persons or in all geographic locations, Zailet reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on any of the Zailet Properties is void where prohibited. If you choose to access the Zailet Properties you are solely responsible for complying with applicable local laws.
Zailet reserves the right to suspend or terminate your access to the Zailet Properties and the services and/or your account at any time for any or no reason. This is not Zailet’s exclusive remedy under any circumstances.
No refunds or credits for subscription charges or other fees or payments will be provided to you if you elect to terminate or cancel your account prior to the end of your then effective billing cycle. Following the termination or cancellation of your subscription, Zailet reserves the right to close your account and delete any associated data in the normal course of operation.
The terms herein will survive termination or suspension of your access to the Zailet Properties and/or Services and/or closure of your account.
1. This document contains and records the entire understanding between the Parties to the extent of the provisions contained herein, in the subject matter hereof and supersedes all prior agreements, arrangements and understandings between the Parties, written or oral, on the subject matter herein. All other terms and conditions of the Agreement (if executed between You and Zailet) as that have not been modified herein shall continue to remain valid and binding on the parties.
2. Zailet will be entitled to recover any legal fees and other costs associated with enforcing the terms herein.
3. Zailet will communicate with you either by emailing the address associated with your account or by posting to a blog on the Sites or on the Sites themselves.
4. You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Zailet Properties and all Services.
5. The understanding as captured herein is the entire understanding between you and Zailet and it replaces any other agreement/understanding between us on this subject. Aside from our right to make changes described herein, any amendments must be in a writing signed by both parties.
6. The laws of Singapore are applicable. Any disputes shall be resolved in the courts of Singapore whose has exclusive jurisdiction over any matter
7. Any feedback you provide shall be deemed to be non-confidential. Zailet shall be free to use such information on an unrestricted basis.
8. The information contained herein is subject to change without notice.