THE END USER LICENSE AGREEMENT ( "EULA") IS A LEGAL CONTRACT BETWEEN YOU ("CUSTOMER," "YOU," "OR" "YOUR.") AND THE COMPANY ("ZOOZLE", "COMPANY", "WE," "US","OR" "OUR"), AND REGULATES YOUR USE OF ZOOZLE PLATFORM ("PLATFORM") OR MOBILE APPLICATION ("APP") or SOFTWARE("SOFTWARE"). YOU HERE BY AGREE TO BE BOUND BY THE TERMS OF THIS EULA BY ACCESSING OUR PLATFORM OR DOWNLOADING AND INSTALLING THE MOBILE APPLICATION. YOU REPRESENT AND WARRANT THAT, YOU ARE AUTHORIZED AND COMPETENT TO ACCEPT THESE TERMS ON BEHALF OF ANOTHER PERSON, COMPANY, OR OTHER LEGAL ENTITY. FURTHERMORE, YOU ARE NOT ALLOWED TO INSTALL, ACCESS, TRANSFER, OR USE THIS ZOOZLE PLATFORM OR MOBILE APPLICATION IF YOU DO NOT AGREE TO THE TERMS OF THIS POLICY.
BY CLICKING THE "ACCEPT" BUTTON BELOW, YOU AGREE TO THE TERMS OF THIS LICENSE.
IF YOU DO NOT AGREE WITH THE TERMS OF THIS LICENSE, CLICK ON THE "REJECT" BUTTON BELOW AND DO NOT DOWNLOAD, STREAM, OR ACCESS THIS APPLICATION OR OUR PLATFORM.
"Applicable Laws"all applicable local, state, national, and international laws and regulations amended or modified from time to time.
"Affiliate" shall mean any entity or company which directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control of a Party.
In accordance with the terms and conditions outlined in this EULA, we give you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Application on a worldwide basis. You must only use the App for your own personal, non-commercial reasons on a Device that You own or control, fully in compliance with the terms of this Agreement. You may let your contractors or agents (each, an "Authorized Third Party") use the App/your Zoozle account only to render services to you, provided that such usage complies with this EULA. You acknowledge that you shall be solely liable for any violation of this EULA by any Authorized Third Party.
Except as expressly permitted by this EULA, you may not, and you will not encourage, assist or authorize any other person to:
Combine or use any component of the Application with your own programmes.
Sell, resell, rent, lease, lend, loan, distribute, act as a service bureau or managed service, publicly communicate, transform, or sublicense the App or Zoozle account in whole or in part to any third party.
Modify, delete, alter, tamper with, repair, or otherwise create derivative works of the Application and Platform or remove ownership, title, trademark, patent, or copyright of the Platform /Application.
Reverse engineer or reverse compile or allow or cause a third party to reverse assemble or reverse compile, the whole or any part of the Application or the Platform.
Attempt to copy any software provided to you as part of the services or the Platform, and in particular its source code, or attempt to decrypt any part of such software that is provided to you.
Use the Application to process, transmit or otherwise make available any content that infringes or misappropriates the intellectual property or proprietary rights of any third party, or without an appropriate license, permission or certification (including as may be required by Applicable Laws).
Utilize the Application/software to create a similar Application that replicates its features or is meant to replace the original Application.
Access the Platform/Website/App through any other means other than through the interface that is provided by us.
Disable or circumvent, or attempt to disable or circumvent, any technological mechanisms or measures intended to prevent, limit or control use or copying of, or access to, any Application.
Using any meta tags or any other “hidden text” using Zoozle or its affiliates' names or trademarks without it’s written consent.
You shall strictly comply with terms of this EULA and Applicable Laws and maintain adequate records regarding your access, use of our Platform/Application/Software and shall furnish such records to us anytime upon our request. We shall examine and audit your books and records to the extent necessary to verify your compliance with this EULA and other Applicable Laws.
You accept and acknowledge that the Software/App was not sold to you; rather, it is offered to you under license. Except for using the Software/App in accordance with the license granted and subject to all terms, conditions, and restrictions set forth in this EULA, you will not obtain any ownership interest in the App under this EULA or any other rights therein. Further, the Company and its licensors and service providers reserve and shall maintain all right, title, and interest in and to the Application/Software, including all copyrights, trademarks, and other intellectual property rights therein or related thereto.
You acknowledge that when you download, install, access, or use Our app or platform, we may collect information about your mobile device automatically through cookies, web beacons, and other means. Furthermore, before downloading, installing, or using the Application or specific features or functionality, We may need you to submit certain information about yourself. Our Privacy Policy applies to all data we get through or in connection with your usage of Our services.
We may employ third-party service providers and individuals due for the following purposes:
For obtaining and assessing KYC.
Payment processing and
For obtaining market research data.
You acknowledge that the third-party service provider/agent/agencies will have access to your information on a need-to-know basis to assist us in rendering service, and the service providers are restricted from using the same for any other reason.
We warrant that, the third-party service providers are strictly governed by Our privacy policy.
The term of this EULA commences when you download/install the Application and will continue in effect until terminated by you or Company as set forth in this Section.
You may terminate this EULA at any time by uninstalling and destroying all copies thereof that are in your possession or control.
We shall terminate this EULA under following events:
If there’s a material breach of this EULA and you have failed to cure the breach within ten (10) days from the date of receipt of notice.
We shall terminate EULA immediately without giving prior notice if:
You fail to make timely payment for accessing special features of the App,
You fail to implement any required security or other updates; or
You bring any action against us or our affiliates alleging the infringement of your intellectual property rights or other proprietary rights.
Upon termination,
You must cease all use of Our platform/App/software and delete all copies of information from your Mobile Device and account.
All rights granted to You under this Agreement will be terminated.
Termination will not limit any of the Company's rights or remedies at law or in equity.
THE SERVICES ARE PROVIDED BY ZOOZLE ON AN “AS IS” BASIS, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE DATA, INFORMATION, SCHEMES OR DATABASES AND ANY WARRANTIES OR CONDITIONS ARISING FROM ANY ACTUAL OR ALLEGED COURSE OF DEALING, USAGE OR TRADE PRACTICE. FURTHER, WE DO NOT WARRANT THAT THE SOFTWARE WILL OPERATE UNINTERRUPTED OR BE ERROR FREE OR THAT DEFECTS IN THE SOFTWARE ARE CORRECTABLE OR WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY EITHER WEBSITE OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY NOR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A
CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless Us, our Affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against third party any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney’s fees) arising out of or relating to the following:
Your download, installation, use, reproduction, or distribution of the Software (including in combination with devices, software, or other items),
Unauthorized use of the Software, or
Breach of this EULA or violation of Applicable governing Laws.
Processing or transmitting the software or infringing third party’s IP rights.
Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of using the Services.
To the fullest extent permitted by applicable law, under no circumstances will Company, its Affiliates, or any of its or their respective licensors or service providers shall be liable for damages resulting from or in connection with your use or inability to use the application. The above limitations will apply regardless of whether such damages were foreseeable, or company was advised of the possibility of such damages, and whether such damages arise out of breach of contract, tort (including negligence), or otherwise. Certain limitations of liability may not be allowed in some jurisdictions, so some or all of the above limitations of liability may not apply to you.
Neither party will be liable under this Agreement for any indirect, special, economic or consequential loss or damage or any loss of revenue, profit, goodwill, data, opportunities or anticipated savings whether caused by negligence, breach of contract or otherwise.
This Agreement shall be governed in accordance with the laws of India. In the event the Parties are unable to mediate their dispute to a satisfactory resolution, the Parties agree that the dispute shall be exclusively settled by in accordance with the rules of arbitration under the Arbitration and Conciliation Act, 1996 as in effect on the Effective Date of this Agreement (the " Arbitration Rules"). The seat of arbitration will be Bangalore, India. The language of
the arbitration will be English. Each party will bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrators may, in their discretion, award costs and fees to the prevailing Party. Judgment upon the award may be entered in any court having jurisdiction over the award or over the applicable party or its assets.
If the performance of this Agreement by the Parties is prevented, restricted, interfered with or delayed, (either totally or in part) by reason of any cause beyond the reasonable control of the Parties (such as acts of God, explosion, disease, cyber attacks, server shutdown, hacking, epidemic, pandemic, weather, war, terrorism, insurrection, civil strike, riots or power failure), the Party so affected shall, upon giving written notice to the other Party, be excused from such performance to the extent of such prevention, restriction, interference or delay, provided that the affected Party shall use its reasonable best efforts to avoid or remove such causes of non-performance and shall continue performance with the utmost dispatch whenever such causes are removed. For purposes of this section, a lack of funds shall not be considered a cause beyond the reasonable control of the Parties.
No waiver by any Party of any breach of any provision hereof shall constitute a waiver of any other breach of that or of any other provision hereof. In the event that a court of competent jurisdiction holds any provision of this Agreement to be invalid, such holding shall have no effect on the remaining provisions of this Agreement, and they shall continue in full force and effect.
The obligations under the Section 5 (Termination), Section 7 (Indemnification) Section 8.1 (Governing Law), and Section 8.4 (Survival) shall survive the expiration, termination, or cancellation of this Agreement.
If any term (or part thereof) of this EULA is found to be invalid or unenforceable, the remaining provisions (including other valid parts within the effected term) will remain effective.
This EULA (including any Exhibits attached hereto) sets forth all the agreements and understandings between the parties hereto with respect to the subject hereof and supersedes and terminates all prior agreements and understandings between the parties with respect to the specific subject matter hereof. There are no agreements or understandings with respect to the subject hereof, either oral or written, between the parties other than as set forth herein.
The Company reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this EULA for security, legal, best practice or regulatory reasons. Such changes will be effective with or without prior notice to You. You can review the most current version of this Agreement by clicking on the “EULA” link located on the Platform. You are responsible for checking this EULA periodically for changes. If any future changes to this EULA are unacceptable to You or cause You to no longer be in agreement or compliance with this EULA, You may terminate this EULA in accordance with Clause 5.2. Your continued access of the Platform following any revision to this EULA constitutes Your complete and irrevocable acceptance of any and all such changes.
