AGREEMENT ACCEPTANCE BY YOU - This is an agreement between you (also called
as "you" or "your") and Spider Communication Private Limited (being a development
company of zaroori mobile app & its web interface), a company incorporated under
the Companies Act 1956 with its registered office at 502, Mauryansh Elanza, Shyamal
Cross Road, Satellite, Ahmedabad, Gujarat (might be called as "SPIDER" , "we" or
"our") that governs your use of the search services offered by SPIDER through its
website www.zaroori.org ("Website"), zaroori mobile app for any platform or any
other medium using which SPIDER may provide the search services (also called as
"Media" ). When you access or use any of the Media you agree to be bound by these
Terms and Conditions ("Terms").
We may periodically change the Terms & Conditions and the Website without any kind
of prior notice, and you are responsible for checking these Terms periodically for
updates. All amended Terms become effective upon our posting and listing to the
Site, and any use of the site after such updates have been posted signifies your
consent to the changes.
WAY OF USING OUR MATERIALS/CONTENT : We use a diverse range of information,
photographs, designs, graphics, images, text ,sound and video , content, advertisement
and other materials and effects (also called as "Materials") for the search services
on the Media. We provide the Material through the Media only for your personal and
non-commercial use only.
While every attempt has been made to ascertain the authenticity of the Media content,
SPIDER is not liable for any kind of damages, losses or action arising directly
or indirectly, due to access and/or use of the content in the Media including but
not limited to decisions based on the content in the Media which results in any
loss of data, revenue, profits, property, infection by viruses etc.
Accordingly, you may view, use, copy, and distribute the Materials found on the
Media for internal, non-commercial, informational purposes only for user needs.
You are prohibited from data mining, scraping, crawling, or using any processes
that send automated queries to SPIDER to fetch data from web directly.. You may
not use the Media or any of them to compile a collection of listings, including
a competing listing product or service. You may not use the Media or any Materials
for any unsolicited commercial e-mail. Except as authorized in this paragraph, you
are not being granted a license under any copyright, trademark, patent or other
intellectual property right in the Materials or the products, services, processes
or technology described therein. All such rights are retained by SPIDER, its subsidiaries,
parent companies, and/or any third party owner of such rights.
If you are our corporate customer, it is possible that we have entered into a contract
with you for non-disclosure of confidential information. This Policy shall not affect
such a contract in any manner.
SPIDER company names and logos and all related products and service names, design
marks and slogans are trademarks and service marks owned by and used under license
from SPIDER or its wholly-owned subsidiaries. All other trademarks and service marks
herein are the property of their respective owners. All copies that you make of
the Materials on any of the Media must bear any copyright, trademark or other proprietary
notice located on the respective Media that pertains to the material being copied.
You are not authorized to use any SPIDER name or mark in any advertising, publicity
or in any other commercial manner without the prior written consent of SPIDER. You
May send us email on ahm@zaroori.org regarding any inquiries or information on this
issue.
THE WAY MIGHT USE INFORMATION PROVIDED BY YOU : We will be free to reproduce,
use, and distribute the information to others without restriction. We will also
be free to use any ideas, concepts, know-how or techniques contained in information
that you send us for any purpose whatsoever including but not limited to developing,
manufacturing and marketing products and services incorporating such information.
PRIVACY POLICY : SPIDER is committed to protecting the privacy and confidentiality
of any personal information that it may request and receive from its clients, business
partners and other users of the Website. To read our privacy policy statement regarding
such personal information please refer Privacy Policy.
DISCLAIMER :
SPIDER communicates information provided and created by advertisers, content partners,
software developers, publishers, marketing agents, employees, users, resellers,
agents and other parties. While every attempt has been made for authenticity of
the content on the Media. SPIDER has no control over content, the accuracy of such
content, integrity or quality of such content and the any kind of information on
our pages, and material on the Media may include technical inaccuracies or typographical
errors, and we make no guarantees, nor can we be responsible for any such information
posted in your listing, including its authenticity, location, currency, content,
quality, copyright compliance or legality, or any other intellectual property rights
compliance, or any resulting loss or damage. Further, SPIDER are not liable for
any kind of damages, losses or action arising directly or indirectly due to any
content, including any errors or omissions in any content, access and/or use of
the content on the Media or any of them including but not limited to content based
decisions resulting in loss of data, revenue, profits, property, infection by viruses
or any other unknown reason.
All of the data on products/Services including but not limited to, the prices and
the availability of any product or service or any feature thereof, is subject to
change without notice by the party providing the product or promotion. You should
use discretion while using the Media .
We reserve the right, in its sole discretion to make improvements to, or correct
any error or omissions in, any portion of the Media. Where appropriate, we will
endeavor to update information listed on the Website on a timely basis, but will
not be liable for any kind of inaccuracies.
All rights, title and interest including trademarks and copyrights in respect of
the domain name and Media content hosted on the Media are reserved with SPIDER.
Users are permitted to read, or print not download the text, data and/or graphics
from the Website or any other Media for their personal use only. Unauthorized access,
reproduction, redistribution, transmission and/or dealing with any information contained
in the Media in any other manner, whole or in part, are strictly prohibited, failing
which highly strict legal action will be initiated against such users may be personal
or company.
SPIDER and its affiliates are not at all responsible for the content, functionality,
authenticity or technological safety of these external sites listed anywhere in
our website. We reserve the right to disable/hide links to or from third-party sites
to any of our Media. This right to disable links includes links to or from advertisers,
sponsors, and content partners that may use our Marks as part of a co-branding relationship.
Links to external Internet websites may be provided within the content on our Website
or other Media as a convenience to users. The listing of an external site does not
imply endorsement of the site by SPIDER or its affiliates. SPIDER does not make
any representations regarding the availability and performance of its Media or any
of the external websites to which we provide links. When you click on advertiser
banners or other external links from the Website or other Media, your browser automatically
may direct you to a new or same browser window that is not hosted or controlled
by SPIDER as per settings of your current web browser.
Some external links may produce information that some people find objectionable,
inappropriate, or offensive. We are not responsible for the accuracy, relevancy,
copyright compliance, legality, or decency of material contained in any externally
linked websites. We do not fully screen or investigate business listing websites
before or after including them in directory listings that become part of our Media,
and we make no representation or responsibility concerning the content that third
parties submit to become listed in any of these directories.
All those sections in the Media that invite reader participation will contain views,
opinion, suggestion, comments and other information provided by the general public,
and SPIDER will not be responsible for the accuracy or correctness of such information.
SPIDER reserves the right to accept/reject information from readers and/or advertisements
from advertisers and impose/relax Media access rules and regulations for any user(s).
SPIDER also reserves the right to impose/change the access regulations of the Media
, whether in terms of access fee, timings, equipment, access restrictions or otherwise,
which shall be posted from time to time under these terms conditions. It will be
the responsibility of users to refer to these terms conditions each time they use
the Media.
While every attempt has been made to ascertain the authenticity of the content in
the Media, SPIDER is not liable for any kind of damages, losses or action arising
directly / indirectly, due to any kind of reasons.
We do not investigate, represent or endorse the accuracy, legality, legitimacy,
validity or reliability of any products, services, deals, or other promotions or
materials, including advice, ratings, and recommendations contained on, distributed
through, or linked, downloaded or accessed from Media.
Your correspondence or business dealing with or participation in the sales promotions
of advertisers or service providers found on or through the Media, including payment
and delivery of related goods or services, and any other terms, conditions, and
warranties or representations associated with such dealings, are solely between
you and such advertisers or service providers. You assume all risks arising out
of or resulting from your transaction of business over the Internet, and you agree
that we are not responsible or liable for any loss or result of the presence of
information about or links to such advertisers or service providers on the Media.
You acknowledge and agree that we are not responsible or liable for the availability,
accuracy, authenticity, copyright compliance, legality, decency or any other aspect
of the content, advertising, products, services, or other materials on or available
from such sites or resources. You acknowledge and agree that your use of these linked
sites is subject to different terms of use than these Terms, and may be subject
to different privacy practices than those set forth in the Privacy Policy governing
the use of the Media. We do not assume any responsibility for review or enforcement
of any local licensing requirements that may be applicable to businesses listed
on the Media.
Any use of the Media, reliance upon any Materials, and any use of the Internet generally
shall be at your sole risk only. SPIDER disclaims any and all responsibility or
liability for the accuracy, content, completeness, legality, reliability, or operability
or availability of information or material displayed in the search results in the
Media.
The material and the media used to provide the material are provided "as it is"
and "as available" without warranty of any kind, either express or implied or statutory,
including, but not limited to, the implied warranties of merchantability, fitness
for a particular purpose, or non-infringement. SPIDER disclaims, to the fullest
extent permitted under law. SPIDER does not warrant that any defects or errors will
be corrected; or that the content is free of viruses or other harmful components.
SPIDER disclaims any warranties regarding the security, reliability, timeliness,
accuracy and performance of the media and materials or any and all warranties to
the fullest extent of the law, including any warranties for any information, goods,
or services, obtained through, advertised or received through any links provided
by or through the media some countries or other jurisdictions do not allow the exclusion
of implied warranties, so the above exclusions may not apply to you. You may also
have other rights that vary from state to state and country to country and jurisdiction
to jurisdiction.
LIABILITY LIMITATION :
In no event shall SPIDER be liable to any user on account of such user's use, misuse
or reliance on the media for any damages whatsoever, including direct, special,
punitive, indirect, consequential or incidental damages or damages for loss of profits,
revenue, use, or data whether brought in warranty, contract, intellectual property
infringement, tort (including negligence) or other theory, even if SPIDER are aware
of or have been advised of the possibility of such damage, arising out of or connected
with the use (or inability to use) or performance of the media, the materials or
the internet generally, or the use (or inability to use), reliance upon or performance
of any material contained in or accessed from any media. SPIDER does not assume
any legal liability or responsibility for the accuracy, completeness, or usefulness
of any information, apparatus, product or process disclosed on the media or other
material accessible from the media.
The user of the media assumes all responsibility and risk for the use of our media.
The foregoing limitations shall apply notwithstanding any failure of the essential
purpose of any limited remedy and to the fullest extent permitted under applicable
law. Some countries or government or any other authority do not allow the exclusion
or limitation of liability of consequential or incidental damages, so the above
exclusions may not apply to all users; in such countries liability is limited to
the fullest extent permitted by law.
SPIDER may make improvements and/or changes in the products, services and/or programs
described in these Media and the Materials at any time without notice. We are under
no obligation to monitor the material residing on or transmitted to the Media .
However, anyone using the Media agrees that SPIDER may monitor the Media contents
periodically to comply with any necessary laws, regulations or other governmental
requests OR to operate the Media properly or to protect itself and its users. SPIDER
reserves the right to modify, reject or eliminate any material residing on or transmitted
to its Media that it, in its sole discretion, believes is unacceptable or in violation
of the law or these Terms and Conditions.
SPIDER will delete any materials at the request of the user who submitted the materials
or at the request of an advertiser who has decided to "opt-out" of the addition
of materials to its advertising, including, but not limited to ratings and reviews
provided by third parties. SPIDER reserves the right to delete any materials it
deems detrimental to the system or is, or in the opinion of SPIDER, may be, defamatory,
infringing or violate of applicable law. SPIDER reserves the right to exclude Material
from the Media. Materials submitted to SPIDER for publication on the Media may be
edited for length, clarity and/or consistency with SPIDER’s standards.
INDEMNIFICATION :
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries,
affiliates, officers, directors, agents, and employees, harmless from any claim
or demand, including reasonable attorneys' fees, made by any third party due to
or arising out of your breach of these Terms, your violation of any law, or your
violation of the rights of a third party, including the infringement by you of any
intellectual property or other right of any person or entity. These obligations
will survive any termination of the Terms.
MISCELLANEOUS :
These Terms will be governed by and construed in accordance with the laws Governed
by INDIAN GOVERMENT, without giving effect to its conflict of law provisions or
your actual state or country of residence, and you agree to submit to personal jurisdiction
in India only. You agree to exclude, in its entirety, the application to these Terms
of the United Nations Convention on Contracts for the International Sale of Goods.
You are responsible for compliance with applicable laws. If for any reason a court
of competent jurisdiction finds any provision or portion of the Terms to be unenforceable,
the remainder of the Terms will continue in full force and effect. These Terms constitute
the entire agreement between us(you and we) and supersedes and replaces all prior
or contemporaneous understandings or agreements, written or oral, regarding the
subject matter of these Terms. Any waiver of any provision of the Terms will be
effective only if in writing and signed by you and SPIDER. SPIDER reserves the right
to investigate complaints or reported violations of these Terms and to take any
action we deem necessary and appropriate. Such action may include reporting any
suspected unlawful activity to law enforcement officials, regulators, or other third
parties. In addition, we may take action to disclose any information necessary or
appropriate to such persons or entities relating to user profiles, e-mail addresses,
usage history, posted materials, IP addresses and traffic information. SPIDER reserves
the right to seek all remedies available at law and in equity for violations of
these Terms.
All of our notices, demands and other communications must be in writing and will
be deemed to have been given (1) if mailed by certified mail, postage prepaid, (2)
if delivered by courier, (3) if sent by facsimile transmission and such transmission
is confirmed as received, or (4) if sent by e-email, and such message is confirmed
as received, in each case to the address, fax number or e-mail address specified
on the Order for the recipient of such notice. All of your notices, demands and
other communications must be in writing and will be deemed to have been given (a)
if mailed by certified mail, postage prepaid or if delivered by overnight courier,
to our address: spider communication Private Limited, 502, Mauryansh Elanza, Shyamal
Cross Road, Satellite, Ahmedabad, Gujarat.
Force Majeure. In no event shall we or any Distribution Site have liability or be
deemed to be in breach hereof for any failure or delay of performance resulting
from any governmental action, fire, flood, insurrection, earthquake, power failure,
network failure, riot, explosion, embargo, strikes (whether legal or illegal or
accidental), terrorist act, labor or material shortage, transportation interruption
of any kind or work slowdown or any other condition not reasonably within our control.
Your payment obligations will continue during any event of force majeure.
You agree to indemnify us and the Distribution Sites and hold us and the Distribution
Site harmless from and with respect to any claims, actions, liabilities, losses,
expenses, damages and costs (including, without limitation, actual attorneys' fees)
that may at any time be incurred by us or them arising out of or in connection with
these Terms or any Advertising Products or services you request, including, without
limitation, any claims, suits or proceedings for defamation or libel, violation
of right of privacy or publicity, criminal investigations, infringement of intellectual
property, false or deceptive advertising or sales practices and any virus, contaminating
or destructive features.
Any disputes and differences whatsoever arising in connection with these Terms shall
be settled by Arbitration in accordance with the Arbitration and Conciliation Act,
1996. a) All proceedings shall be conducted in English language or might be in hindi
language. b) Unless the Parties agree on a sole arbitrator there shall be three
Arbitrators, one to be selected by each of the parties, and the third to be selected
by the two Arbitrators appointed by the parties. c) The venue of Arbitration shall
be in Ahmedabad, India.
These Terms conditions constitute the entire agreement between you and SPIDER with
respect to the subject matter of these Terms and supersedes all prior written and
all prior or contemporaneous oral communications regarding such subject matter.
Accordingly, you should not rely on any representations or warranties that are not
expressly set forth in these Terms. If any provision or provisions of these Terms
shall be held to be invalid, illegal, unenforceable or in conflict with the law
of any jurisdiction, the validity, legality and enforceability of the remaining
provisions shall not in any way be affected or impaired. Except as provided in above
content, these Terms may not be modified except by writing signed by you and us;
provided, however, we may change these Terms which will be effective with respect
to any Advertising Products ordered after written notice of such revised terms to
you or, if earlier, posting of such revised terms and conditions on our Website.