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Zactor Tech Terms of Use

TERMS & CONDITIONS

Zactor Tech Private Limited (referred to as "We", "Us", "Company" or "Zactor Tech") owns, manages, and governs the Website www.zactortech.com. The terms "You", "Your" or "User" refer to any natural or legal person, including but not limited to any company, incorporation, association, partnership, proprietorship, or group of individuals accessing, browsing, visiting or using the services of the Website. The User and the Company/Website collectively are referred to as the "Parties".



ENTIRE AGREEMENT

The Privacy Policy published on the Website is incorporated into and forms a part of these Terms of Use. Together, they constitute the entire agreement between the Parties and govern their relationship. These terms replace all prior agreements and communications, whether direct, indirect, written, or oral.


By accessing or using the Website, You agree to the Terms of Use and accept the information practices outlined in our Privacy Policy. You undertake to comply with all laws applicable and in force as interpreted and enforced within the Panchkula District of Haryana State, India.


Failure to comply with any provision of these Terms of Use or the Privacy Policy may result in the termination of all licenses granted herein. The date of first use of the Website or its services by any User shall be considered the "Commencement Date" of these Terms of Use.


The Company may amend or modify these Terms of Use and the Privacy Policy at any time, at its sole discretion, without notice or intimation to any User. Continued use of the Website by any User constitutes acceptance of the modified or amended Terms of Use and Privacy Policy.



WAIVER & SEVERABILITY

The Company shall not be deemed to have waived any of its rights, even if it fails to enforce any of them or wilfully ignores any violation. Any waiver of rights by the Company will be limited to the specific instance and right that was waived and will not affect any other rights arising from these Terms of Use or Privacy Policy.


If any part or provision of these Terms of Use or Privacy Policy is determined to be invalid or unenforceable, the remaining provisions will remain in effect. The Parties agree that any such invalid or unenforceable provision may be amended or reformed by the Company on its sole discretion whenever possible or desirable.



OWNERSHIP

Any content available or displayed on the Website or available for download whether for free or a fee or anything shown as a part of an offer for purchase on the Website, is protected by all applicable Intellectual Property Laws including Trademark and Copyright laws and is the exclusive property of the Company or its licensors. All trade names, trademarks, service marks and other product and service names and logos on the Website and within the Content (collectively the “Marks”), whether registered or unregistered are proprietary to their respective owners and are protected by applicable trademark and copyright laws, doctrines and principles. Nothing contained on the Website or within the content shall be construed as giving permission, license or right to use any of the Marks to anyone without prior written consent of the Company or any third-party owner of any such Marks. Any unauthorized or non-permitted use of any such Marks or any content of the Website in anyway, for any purpose is hereby expressly prohibited and may invite appropriate action by the company. Rephrase in an equal number of words.



LICENSE

You are allowed to access and use the Website, services and content available on the Website for personal non-commercial use upon payment of applicable fees subject to the terms and conditions stated in the Privacy Policy and herein.


Copying, modifying, creating derivative works, reproducing or storing any content on the Website, in whole or in part, without the prior written consent of the Company is prohibited. You are also prohibited from publishing, transmitting, distributing, displaying, performing, broadcasting or circulating any content without the said prior written permission.


Advertising, promotional posts and material, junk mail, spam, chain letters, pyramid schemes, and any other solicitation form, for any purpose, on the Website is expressly prohibited. Users are also prohibited from posting inappropriate, offensive, hateful, pornographic, false, misleading, infringing, defamatory or libellous content targeting any person, gender, social or ethnic group, or nationalities.


The Users agree not to use the Website for any unlawful purpose and to comply with all reasonable requests by the Company or the Website to protect its proprietary rights and interests.



TERMINATION

The Company and the Website reserve the right to terminate or suspend a User's access to the Website or its services if they are found to be in violation of the Terms of Use or Privacy Policy, or if their conduct is unlawful, at their sole discretion. The User will not be provided with any prior notice or intimation, and no refund, compensation, or reimbursement of any kind will be given for any reason whatsoever. The Company and the Website shall not be liable to any User or third-party for the termination of their access to the Website or its services.


If a User disagrees with the Terms of Use or Privacy Policy, their only option is to discontinue using the Website. After the agreement between the Parties is terminated, the User must destroy all copies of material provided by the Company or the Website in their possession and refrain from further use.



REGISTRATION

Users can register on the Website to gain restricted access to its content and services. During registration, they must provide their email address, name, and select a password. Users are required to provide accurate and updated information, failure to do so may lead to termination of access by the Company.


If a third-party registers on the Website on behalf of a User or if a User accesses the Website's services through a third-party, they are bound by these Terms of Use and the Privacy Policy as if they had registered, used, browsed or availed the Website themselves.


Users are solely responsible for maintaining the confidentiality of their login credentials and registered account, and they will be held liable for any activities carried out through their account.



THE USER'S CONTENT

The Users can provide information to the Website, which may be used by the Company in their print or electronic publication ("User Content"). However, the Company guarantees that this information will only be used in accordance with the Privacy Policy, and in a way that respects the User's privacy. The Users are solely responsible for the accuracy and authenticity of the information provided by them.


The Website may remove, edit, review, or delete User Content if it finds it to be illegal, incorrect, offensive, or inappropriate in any way. Users are prohibited from distributing any promotional material or solicitation without the prior written permission or consent of the Website.


If a User breaches this Agreement or enters inaccurate, false, or illegal material or information using their account on the Website, they will be liable to indemnify the Company and the Website, including their employees, affiliates, and authorized representatives for any losses, damages, liabilities, or costs incurred by them, including reasonable attorney fees.



ADVERTISERS

The Website may feature sponsored content and advertisements, and the responsibility for the accuracy, legality, correctness, completeness or timeliness of such content lies solely with the sponsors. Neither the Company nor the Website can be held liable for any issues arising from the sponsored content or advertisements. Any acts or omissions on the part of the sponsors of such content or advertisements shall be their sole responsibility, and they shall indemnify the Company and the Website, along with their employees, affiliates, and authorized representatives, against any loss, damage, costs or expenses incurred by them, including reasonable attorney fees.



LIMITATION OF LIABILITY

The Company, the Website, and their affiliates, employees, agents, suppliers, licensors, and authorized personnel shall not be held liable for any direct, indirect, consequential, incidental, special, punitive or exemplary damages arising from the use of the Website or the services it provides, including but not limited to damages for loss of goodwill, use, profits, data or any other tangible or intangible loss. These entities and individuals shall also not be liable to compensate any User for any loss, damage or injury caused due to hacking, tampering, or unauthorized use or access of the User's account or any information contained therein.


Further, in no case shall the Company or the Website be liable for any:

  • Mistake, inaccuracy or error in the content available on Website;

  • Injury or damage whether direct or indirect, personal or not, caused to any User because of access or use of the Website or its services;

  • Interruption or cessation of transmission of any content or information contained on the website whether to or from the Website;

  • Unauthorised or unsanctioned use or access of the Website’s secure servers or any personal information or content contained therein;

  • Any viruses, bugs or destructive programs or links that may be transmitted through the Website by any third-party;

  • Offensive, defamatory or illegal conduct of any third-party on the Website;

  • Relationship or transaction between any User and a third-party provider (affiliates) including breach of terms of such transaction or relationship.


The presence of Professionals or any third-party on the Website or any database maintained by the Website shall not in any case be construed as recommendation, solicitation or endorsement of any such Professional or third-party. Any information about such Professional or third-party shall not be treated as device to confirm their credibility, qualification or abilities.



GOVERNING LAW & JURISDICTION

This Agreement shall be entered into by the Parties, governed, interpreted, construed and enforced according to laws applicable within the Panchkula District of Haryana State, India, without giving effect to any choice of legal rules and principles. In case of any dispute between the Parties, the same shall be subjected to the jurisdiction of appropriate courts within the Panchkula District of Haryana State.


Users using, accessing, browsing through or entering into this Agreement in any way from a jurisdiction other than India are solely responsible for compliance with the laws in force in Panchkula, Haryana and any local laws applicable. The Users waive all defences of lack of jurisdiction or inconvenience of the forum.



DISPUTE RESOLUTION CLAUSE

It is agreed by the parties that any formation, interpretation, and performance of this policy and any dispute arising out of it will be resolved through two-step Alternative Dispute Resolution (ADR) mechanism. It is further agreed by the parties that this section i.e., resolution through ADR, will survive even after termination or expiry of the Terms of Use or the Privacy Policy.


Mediation- In case a dispute arises between the parties, the parties will attempt to resolve the same amicably between them, through mutual understanding. If the parties are unable to reach a common ground within 30 days of one party communicating of existence of dispute to the other, the dispute will be resolved through arbitration.


Arbitration- The parties agree that when they are unable to resolve the dispute through Mediation, the said dispute will be resolved through arbitration. The parties further concur that the arbitration proceeding will be presided by a Sole Arbitrator, who would be appointed by the Company on its sole and exclusive discretion. The language for arbitration would be English. The seat of arbitration would be Panchkula, Haryana.


The parties agree that Privacy Policy and any other agreement would be governed by laws, rule and regulations of India. The courts in Panchkula, Haryana shall have exclusive jurisdiction over any dispute arising between the parties. The Users waive all defences of lack of jurisdiction or inconvenience of forum.



NO WARRANTY

All content, information and services provided through the Website are provided on an ‘as-is/as-available’ basis and You use the same at your own volition and risk. Neither the Company nor the Website provides any warranty whether express or implied regarding satisfactory quality, suitability for any particular purpose or any other implied warranty of merchantability as to the result or outcome You may derive out of Your use of the Website or any such result or outcome You may attain out of a relationship you elect to create with any Professional or third-party through the Website. We do not and neither do any of our employees, agents, licensors or any authorised personnel make any representations or provide any warranty as to the ability of any Professional or third-party to obtain a favourable result for any User.


Our recommendation system operates on the principle of best estimates & various assumptions and is not guaranteed to be absolutely accurate, with inherent scope for errors. While employing a combination of machine algorithms and human expertise, the system is not foolproof, and users must acknowledge the associated risks. It is at the sole discretion of the user to proceed with the provided recommendations. Furthermore, Users are encouraged to understand that investment decisions involve inherent market risks, and the value of investments can fluctuate based on market conditions.


The Users are hereby informed that the Company shall strive to provide the best service to every user but cannot and does not provide any warranty as to the completeness or accuracy of any content or services or that the services provided through the Website will be error-free, uninterrupted or always available. The Users are also informed that they use the Website or avail its services and download the content available thereof on their exclusive and sole discretion and risk.



ANTI-HACKING PROVISION

In addition to the Terms and Conditions put forth in these Terms of Use and the Privacy Policy, the Users agree and undertake not to:

  • Use or attempt to use any computer program such as “scraper”, “deep-links”, “bot”, “robot”, “data mining code”, “computer codes” or any other form of automated system or device, tool, algorithm, methodology, process, program or manual process having similar function, to acquire, extract, monitor, copy or access any portion of the Website or any data or content present on the Website;

  • To acquire or obtain or attempt to acquire or obtain any data, material or information that has not been deliberately made public by the Website by its display on the Website or making it accessible through a link visible on the Website;

  • Bypass or circumvent any system or measure employed to limit or prevent access to the Website or its content;

  • Gain unauthorized access to the Website or any portion of it or to any data, material, information, computer system, network or server associated with the Website through any illegal and or unsanctioned or unauthorized means or violate the Website’s security in any way;

  • Interfere or attempt to interfere with the working of the Website or any portion or functionality of it or with any activity that is carried on through the Website in any way;

  • Carry out any activity or action that imposes or may impose according to the sole discretion of the Company any unreasonable or large load or burden on the Website or the Company’s infrastructure.