Welcome to Zooop, brought to you by Matchwave Innovations Private Limited, a company incorporated under The
Company Act 1956 and 2013, hereinafter referred to as
PLEASE CAREFULLY REVIEW THE DISPUTE RESOLUTION PROVISIONS IN SECTION 15 BELOW. THESE GOVERN THE MANNER IN WHICH DISPUTES WILL BE ADDRESSED BETWEEN YOU AND ZOOOP. THESE PROVISIONS INCLUDE A MANDATORY PRE-ARBITRATION INFORMAL DISPUTE RESOLUTION PROCESS (EXCEPT FOR INDIVIDUAL CLAIMS OF SEXUAL ASSAULT OR SEXUAL HARASSMENT OCCURRING IN CONNECTION WITH YOUR USE OF THE SERVICES) AND AN ARBITRATION PROCESS.
We may update these Terms from time to time, so check this page regularly for updates.
This user agreement ("Terms of Use") is an electronic record in terms of Information Technology Act, 2000 ("Act") and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology (Amendment) Act, 2008. This Terms of Use is generated by a computer system and does not require any physical or digital signatures.
This Terms of Use govern your use of our Website(s)/Mobile Application(s) of Zooop, Materials, Our Content and the services offered by Zooop upon the said Website(s)/Mobile Application(s) ("Service(s)").
For the purpose of this Terms of Use, wherever the context so require, User(s) shall mean any natural or legal person who has agreed to become a member of our Website(s)/Mobile Application(s) of Zooop by voluntarily registering on it as a registered user or otherwise browses/visits our Website(s)/Mobile Application(s) of Zooop without taking registration or subscription of any kind as available during the relevant time. Your access or use of the said Website(s)/Mobile Application(s) is subject to the terms and conditions of use as set out herein under this Terms of Use and the Privacy Policy made available at our Website(s)/Mobile Application(s) of Zooop.
Please note that by accessing or using the said Website(s)/Mobile Application(s), the User(s) voluntarily agree to be bound by this Terms of Use and, this Terms of Use is a legally binding agreement between the User(s) and Zooop.
By accessing or using our Services on Zooop (the "Website"), the Zooop mobile application (the "App"), or any other platforms or services Zooop may offer (collectively, the "Service" or our "Services"), you agree to, and are bound by this Agreement. This Agreement applies to anyone who accesses or uses our Services, regardless of registration or subscription status.
Your access and use of our Services is also subject to the Privacy Policy, and any terms disclosed and agreed to by you when you purchase additional features, products, or services from Zooop ("Additional Terms Upon Purchase").
IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE OUR SERVICES.
Subject to applicable law, we reserve the right to modify, amend, or change the Terms at any time. Notice of material changes will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or in app notification or any other means; however, you are responsible for regularly checking this page for any changes. Your continued access or use of our Services constitutes your ongoing consent to any changes, and as a result, you will be legally bound by the updated Terms.
If you do not accept a change to the Terms, you must stop accessing or using our Services immediately.
Further, we reserve the right to change the availability of features in our subscription plans without any notice.
Before you create an account on Zooop, make sure you are eligible to use our Services. This Section also details what you can and can't do when using the Services, as well as the rights you grant Zooop. You are not authorized to create an account or use the Services unless all of the following are true, and by using our Services, you represent and warrant that:
If at any time you cease to meet these requirements, all authorization to access our Services or systems is automatically revoked, and you must immediately delete your account, and we retain the right to remove your access to our Services without warning.
You agree to:
You agree that you will not:
The permission is granted to you under these Terms and any authorization to access the Services is automatically revoked in the event that you do any of the above mentioned.
Prohibited Content - Zooop prohibits uploading or sharing content that:
It is important that you understand your rights and responsibilities with regard to the content on our Services, including any content you provide or post. You are expressly prohibited from posting inappropriate content.
While using our Services, you will have access to: (i) content that you upload or provide while using our Services, even if suggested by our Services ("Your Content"); (ii) content that other users upload or provide while using our Services ("Member Content"); and (iii) content that Zooop provides on and through our Services ("Our Content"). In this agreement, "content" includes, without limitation, all text, images, video, audio, or other material on our Services, including information on users' profiles and in direct messages between users.
a. YOUR CONTENT
You are responsible for Your Content. Don't share anything that you wouldn't want others to see, that would violate this Agreement, or that may expose you or us to legal liability.
You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us (zooop and matchwave innovations private limited and its management, staff, partners, affiliates and associates) harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources (if applicable), and that you will update your account information as necessary to ensure its accuracy and we are not held liable for any untrue information.
The content included on your individual profile should be relevant to the intended use of our Services. You may not upload any Prohibited Content. You may not display any personal contact, banking information, or peer-to-peer payment information, whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card, peer-to-peer payment user name, or other banking details). If you choose to reveal any personal information about yourself to other users, you do so at your own risk. We bly encourage you to use caution in disclosing any personal information
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided.
We may provide tools and features to enhance individual expression through Your Content and Member Content (described in Section b), and we're constantly developing new technologies to improve our Services. Certain tools or features may allow you to generate or enhance content based on Your Content. This is still Your Content, and you are responsible for it and its accuracy, as well as your use of it on our Services and any and all decisions made, actions taken, and failures to take action based on Your Content. Be careful in choosing and sharing Your Content.
You understand and agree that we may monitor or analyse or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time at our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
While you will have access to Member Content, it is not yours and you may not copy or use Member
Content for any
purpose except as contemplated by these Terms.
Other users will also share content on our Services. Member
Content belongs to the user who posted the content and is stored on our servers and displayed at the direction
of that user.
You should always carefully review and independently verify Member Content for accuracy. Other users may use tools to generate or enhance content based on the Member Content they provide. Member Content may include biased, incorrect, harmful, offensive, or misleading information. Other users are responsible for their Member Content, as well as any and all decisions made, actions taken, and failures to take action based on their use of Member Content.
You do not have any rights in relation to Member Content, and, unless expressly authorized by Zooop, you may only use Member Content to the extent that your use is consistent with our Services' purpose of allowing us to communicate with and meet one another. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your account if you misuse Member Content without any notice.
Zooop owns or licenses all other content on our Services. Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, audio, video and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights. All rights, title, and interest in and to Our Content remains with us at all times. We grant you a limited license to access and use Our Content and we reserve all other rights.
Zooop does not tolerate inappropriate content or behavior on our Services.
We are
committed to maintaining a
positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or
off of the Services (including, but not limited to, on services operated by our affiliates). We encourage you to
report any inappropriate Member Content or misconduct by other users. You can report a user directly through the
"Report User" link on a user's profile or in the messaging experience. You may also contact Customer Support.
Privacy is important to us. We have a separate policy about it that you should read. For information about how Zooop and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.
Zooop grants you the right to use and enjoy our Services, subject to these Terms. For as long as you comply with these Terms, Zooop grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Zooop and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.
You own all of the content you provide to Zooop, but you also grant us the right to use Your Content as provided in this Agreement. By creating an account, you grant to Zooop a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute and otherwise make available to the general public Your Content, including any information you authorize us to access from Facebook or other third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future. Zooop's license to Your Content shall be non-exclusive, except that Zooop's license shall be exclusive with respect to derivative works created through use of our Services. For example, Zooop would have an exclusive license to screenshots of our Services that include Your Content.
In addition, so that Zooop can prevent the use of Your Content outside of our Services, you authorize Zooop to act on your behalf with respect to infringing uses of Your Content taken from our Services by other users or third parties. Zooop is not obligated to take any action with regard to use of Your Content by other users or third parties. Zooop's license to Your Content is subject to your rights under applicable law (for example, laws regarding personal data protection to the extent the content contains personal information as defined by those laws).
In consideration for Zooop allowing you to use our Services, you agree that we, our affiliates, and our third-party partners may place advertising on our Services. By submitting suggestions or feedback to Zooop regarding our Services, you agree that Zooop may use and share such feedback for any purpose without compensating you.
You agree that Zooop may access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation, or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce these Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; (v) protect the rights, property or personal safety of the Company or any other person, or (vi) to investigate, prevent, or take other action regarding illegal activity, suspected fraud or other wrongdoing.
Zooop Coins can only be used to purchase products and/or services on the Zooop app. These credits are non-refundable and non-redeemable for cash. Zooop Coins come with an expiration period of six (6) months from the date of issuance. After this period, any unused Zooop Coins will be forfeited.
You can purchase products and services from Zooop and buy Zooop Coins. If you subscribe, it will automatically renew and charge you until you cancel. Zooop offers products and services through iTunes, Google Play, and other authorized external services ("External Service Purchases"), as well as via credit card or other payment processors on the website or app ("Internal Purchases").
Subscriptions will automatically renew until canceled, as per the terms disclosed at purchase. Cancelling a subscription allows continued access until the end of the subscription period, but does not remove your profile from our services. To fully terminate your account, you must follow the account termination steps in our Terms of Use.
Our pricing varies and may include promotional rates based on factors like region, subscription length, and account activity. If you don't cancel your subscription in time, it will renew at full price, and we will charge your payment method accordingly. We reserve the right to limit quantities, discontinue products or services, impose conditions on promotions, bar transactions, and refuse service, all without prior notice, as permitted by law.
External Service Purchases, including subscriptions, may be processed through the External Service, in which case those purchases must be managed through your External Service Account. Subscriptions automatically renew until you cancel.
When making a purchase on the Service, you may have the option to pay through an External Service, such as with your Apple ID or Google Play account ("your External Service Account"), and your External Service Account will be charged for the purchase in accordance with the terms disclosed to you at the time of purchase and the general terms applicable to your External Service Account. Some External Services may charge you sales tax, depending on where you live, which may change from time to time.
If your External Service Purchase includes an automatically renewing subscription, your External Service Account will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, the subscription will automatically continue for the price and time period you agreed to when subscribing. If you received a discounted promotional offer, your price may go up as per the terms of that offer following the initial subscription period for any subsequent renewal period.
To cancel a subscription: If you do not want your subscription to renew automatically, or if you want to change or terminate your subscription, you must log in to your External Service Account and follow instructions to manage or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the App from your device. For example, if you subscribed using your Apple ID, cancellation is handled by Apple, not Zooop. To cancel a purchase made with your Apple ID, go to Settings within the app and follow the instructions to cancel. You can also request assistance at Apple Support.
Similarly, if you subscribed on Google Play, cancellation is handled by Google. To cancel a purchase made through Google Play, launch the Google Play app on your mobile device and navigate to Settings. You can also request assistance at Google Play. If you cancel a subscription, you may continue to use the canceled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
Internal Purchases, including subscriptions, are processed using the Payment Method you provide on the Website or App. Subscriptions automatically renew until you cancel.
If you make an Internal Purchase, you agree to pay the prices displayed to you for the Services you've selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize Zooop to charge the payment method you provide (your "Payment Method"). Zooop may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Zooop may terminate your account immediately in its sole discretion, on the basis that you have determined that you do not want a Zooop subscription. In the event that your chargeback or other payment reversal is overturned, please contact Customer Care.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing, until you cancel.
To cancel a subscription, log in to the Website or App and go to the Account section. If you cancel a subscription, you may continue to use the canceled service until the end of your then-current subscription term. The subscription will not be renewed when your then-current term expires.
You may edit your Payment Method information by using the Settings tool and following the link to let your upgrade expire. If a payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated and this may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or other provider of your chosen Payment Method.
Virtual items are non-refundable and subject to certain conditions.
From time to time, you may have the opportunity to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to use or access special limited-use features including but not limited to credits redeemable on virtual items, such as super crush, super note, etc. ("Virtual Item(s)") from Zooop. You may only purchase Virtual Items from us or our authorized partners through our Services.
Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your usage approval in the app. Virtual Items do not incur fees for non-use; however, the approval granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, on the earlier of when Zooop ceases providing our Services, or your account is otherwise closed or terminated.
Zooop, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. Zooop may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items. Zooop shall have no liability to you or any third party in the event that Zooop exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT ZOOOP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Generally, all purchases are non-refundable. Special terms for refunds apply in the EU, EEA, UK, Switzerland, Korea, and Israel. Special terms for refunds also apply in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin.
For subscribers residing in the EU, EEA, UK, and Switzerland:
In accordance with local law, you are entitled to a
full refund during the 14 days after the subscription begins. Please note that this 14-day period commences when
the subscription starts.
For subscribers residing in Germany: You may terminate your subscription after it has renewed with a notice period of one month. Your right to terminate for cause remains unaffected.
For subscribers residing in Arizona, California, Colorado, Connecticut,
Illinois, Iowa, Minnesota, New York,
North Carolina, Ohio, Rhode Island, Wisconsin, and Israel:
Your Right to Cancel - You may cancel your subscription,
without penalty or
obligation, at any time prior to midnight of the third business day following the date you subscribed. In the
event that you die before the end of your subscription period, your estate shall be entitled to a refund of that
portion of any payment you had made for your subscription which is allocable to the period after your death. In
the event that you become disabled (such that you are unable to use our Services) before the end of your
subscription period, you shall be entitled to a refund of that portion of any payment you had made for your
subscription which is allocable to the period after your disability by providing the Company notice in the same
manner as you request a refund as described below.
If any of the above apply to you and you subscribed using your Apple ID, your refund requests are handled by Apple, not Zooop. To request a refund, please contact your External Service directly; for example, using your Apple device, go to Settings > iTunes & App Stores > [click on your Apple ID] > View Apple ID > Purchase History. Find the transaction and select "Report a Problem." You can also request a refund at Apple Support.
If you no longer wish to use our Services, or if we terminate your account for any reason, here's what you need to know.
You can delete your account at any time by logging into the App, going to "Settings", clicking "Delete Account", and following the instructions to complete the deletion process. However, you will need to cancel/manage any External Service Purchases through your External Service Account (e.g., iTunes, Google Play) to avoid additional billing.
Zooop reserves the right to investigate and, if appropriate, suspend or terminate your account without a refund if Zooop believes that you have violated these Terms, misused our Services, or behaved in a way that Zooop regards as inappropriate or unlawful, on or off our Services. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the Services.
If your account is terminated by you or by Zooop for any reason, these Terms continue and remain enforceable between you and Zooop, and you will not be entitled to any refund for purchases made. Your information will be maintained and deleted in accordance with our Privacy Policy.
Zooop does not conduct criminal background or identity verification checks on its users. Though Zooop strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. Use your best judgment when interacting with others.
YOU UNDERSTAND THAT ZOOOP DOES NOT CONDUCT CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. ZOOOP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT, IDENTITY, HEALTH, PHYSICAL CONDITION, INTENTIONS, LEGITIMACY, OR VERACITY OF USERS. ZOOOP RESERVES THE RIGHT TO CONDUCT - AND YOU AUTHORIZE ZOOOP TO CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE. IF THE COMPANY DECIDES TO CONDUCT ANY SCREENING THROUGH A CONSUMER REPORTING AGENCY, YOU HEREBY AUTHORIZE THE COMPANY TO OBTAIN AND USE A CONSUMER REPORT ABOUT YOU TO DETERMINE YOUR ELIGIBILITY UNDER THESE TERMS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. WE CANNOT AND DO NOT GUARANTEE YOUR SAFETY AND OTHER SENSIBLE SAFETY PRECAUTIONS. ALWAYS USE YOUR BEST JUDGMENT AND TAKE APPROPRIATE SAFETY PRECAUTIONS WHEN COMMUNICATING WITH OR MEETING NEW PEOPLE.
Though Zooop strives to encourage a respectful user experience, it is not responsible for the conduct of any user on or off the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person.
Zooop's Services are provided "as is" and we do not make, and cannot make, any representations about the content or features of our Services or Member Content.
ZOOOP PROVIDES OUR SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO OUR SERVICES (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Zooop does not represent or warrant that (A) our services will be uninterrupted, secure, or error-free, (B) any defects or errors in our services will be discovered or corrected, or (C) that any content or information you obtain on or through our services will be accurate, complete, current or appropriate for your purposes.
Unless otherwise stated, copyright and all intellectual property rights in all Materials on our Website(s)/Mobile Application(s) of Zooop [including but not limited to text, audio, video or graphical images, or technology, the look and feel of the website/mobile application, trademarks and logos appearing on our Website(s)/Mobile Application(s) of Zooop may be the property of Zooop and may be owned and controlled by us or by other parties that have licensed their material to us. Materials on our Website(s)/Mobile Application(s) are solely for your personal, non-commercial use. Some content used on our Website(s)/Mobile Application(s) of Zooop may be taken from public domain and displayed herein. User(s) are bound to respect the respective intellectual property rights that may subsist in such Materials made available on our Website(s)/Mobile Application(s). User(s) must not copy, reproduce, republish, upload, post, transmit or distribute the Materials in any way, including by e-mail or other electronic means and whether directly or indirectly and must not assist any other person to do so. Without the prior written consent of the owner, modification of the Materials, use of the Materials on any other web site or networked computer environment or use of the Materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is strictly prohibited. Any use for which the User(s) receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause. User(s) agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Zooop or remove, conceal or obliterate any copyright or other proprietary notice or any credit-line or date-line on other mark or source identifier included on our Website(s)/Mobile Application(s) of Zooop, including without limitation, the size, colour, location or style of all proprietary marks. Any infringement shall be vigorously defended and pursued to the fullest extent as permitted by the appropriate laws.
We may establish, on our Website(s)/Mobile Application(s) of Zooop, a hypertext link(s) to a third party website from time to time. Such link(s) are provided for information and convenience for our User(s) and does not state or imply any sponsorship or endorsement of third-party website. Zooop has no control over such third party website and use of such third party website or any offsite dealings with such third parties by User(s) is at their own risk and responsibility.
Some part or portion of our Website(s)/Mobile Application(s) of Zooop may contain advertising information or promotion material or other material submitted to us by third parties. Responsibility for ensuring that the material submitted for inclusion on our Website(s)/Mobile Application(s) of Zooop complies with applicable laws is exclusively on the party providing the information/material. User(s) correspondence or business dealings with, or participation in promotions of advertisers or including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the User(s) and such advertiser. We will not be responsible or liable for any claim, error, omission, inaccuracy in advertising material or 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 our Website(s)/Mobile Application(s) of Zooop. We reserve the right to omit, suspend or change the position of any advertising material submitted for insertion.
We do not guarantee or give any kind of assurance to all or any of the User(s) doing anything in furtherance to or relying upon such advertising materials of third-party advertisers.
It is expressly clarified that any sponsored content of any goods/service/activity (expressly displayed at respective portions on our website(s)/Mobile Application(s) of Zooop) displayed are not solicited by Zooop and it should not be deemed as a promotion made at the behest of Zooop.
Zooop's liability is limited to the maximum extent allowed by applicable law.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOOOP, ITS AFFILIATES, EMPLOYEES,MANAGEMENT, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES, (II) THE CONDUCT OR CONTENT OF ANY USERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR AFFILIATES' SERVICES OR IN CONNECTION WITH THE SERVICES; OR (III) ANY UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF ZOOOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZOOOP'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT GO ABOVE (MAXIMUM POSSIBLE LIABILITY) THE AMOUNT PAID, IF ANY, BY YOU TO ZOOOP FOR THE SERVICES DURING SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST ZOOOP, WHETHER STATUTORY, IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF RIGHTS, PRIVILEGES, OR OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.
THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 16 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
In the unlikely event that we have a legal dispute, here is how the Parties agree to proceed, except where prohibited by applicable law.
This Agreement shall be governed by the laws of the Republic of India, excluding its conflict of law principles.
You agree to indemnify Zooop if a claim arises due to your actions. To the extent permitted by law, you agree to indemnify, defend, and hold harmless Zooop, its affiliates, officers, directors, agents, and employees from any complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney's fees. This indemnification covers issues arising from your use of our Services, your content, your conduct towards other users, or your breach of this Agreement. Note that some jurisdictions may not allow indemnification, so this section may not apply to you in full.
By using our Services, you accept the Terms of this Agreement.
By using our Services, whether through a mobile device, mobile application, or computer, you agree to be bound by (i) these Terms, which we may amend from time to time, (ii) our Privacy Policy (iii) any Additional Terms Upon Purchase. If you do not accept and agree to be bound by all of the terms of this Agreement, you are not entitled to use our Services.
All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require.
This Agreement supersedes any previous agreements or representations.
These Terms, with the Privacy Policy and any Additional Terms Upon Purchase, contain the entire agreement between you and Zooop regarding the use of our Services. The Terms supersede all previous agreements, representations, and arrangements between us, written or oral. If any provision of these Terms is held invalid, illegal, or otherwise unenforceable, the remainder of the Terms shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. You agree that your Zooop account is non-transferable and all of your rights to your account and its content terminate upon your death, unless otherwise provided by law. Any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of these Terms, and you may not make any representations on behalf of or bind Zooop in any manner.