User Agreement
This Agreement grants
a non-exclusive and non-transferable license to download, access and use the
mobile or desktop application or website, (“K K Zala ” or “Platform”) that acts
as an intermediary enabling technology allowing You, the user(s), to access
various content. K K Zala . holds no responsibility or liability for any
content accessible by you through the platform.
Please read carefully
before completing the installation process and before accessing or using the
application. By downloading, installing and using the application, You agree to
accept the terms of this agreement. By installing and/or using the application,
You confirm and agree to be bound by the terms of this Agreement. If you do not
agree to be bound by these terms, then please do not install and/or use the
Platform.
This User Agreement
(“Agreement”) is entered into between You ( “User(s)” or “You”,), and K K Zala
. ( “K K Zala ”). For the purpose of this Agreement, any reference to K K Zala
shall include its affiliates, subsidiaries and sister concerns.
Party shall mean
either the User(s) or K K Zala based on the context and Parties shall mean both
User(s) and K K Zala respectively.
WHEREAS, K K Zala
owns and manages the Platform (defined hereinafter) which provides the User(s)
access to content aggregated from various third-party content providers;
WHEREAS, User(s) wish
to access, use and avail the published content on the Platform and agree to the
terms set forth in this Agreement.
NOW THEREFORE, the
User(s) and K K Zala hereby agree as follows
1. Definitions
1.1. “Confidential
Information” shall mean any information, including but not limited to
processes, methods, systems, business information, technological information,
sales information, client information, which is deemed confidential by K K Zala
, and is disclosed to the User(s) in any manner.
1.2. “Intellectual
Property” refers to any invention, creation, work, algorithm, source code,
object code or other code, design, Confidential Information, Product and so on
which have been acquired, or in the process of being acquired, or capable of
being acquired as patent, copyright, trademark, trade secret, or any other type
of Intellectual Property
1.3 “Content” refers
to any and all content aggregated from third-party providers, including news
articles, videos, images, comments and advertisements.
2. Terms and
Conditions
2.1. K K Zala hereby
grants You a Non-Exclusive, non-transferable and limited License to access and
use the Platform on mobile phones, portable devices, or any other technology.
2.2. You agree,
undertake and confirm that You are only permitted to use the Platform for
accessing the Content.
2.3. K K Zala
provides You the option to search and select the Content accessible through the
Platform, but does not warrant the correctness, authenticity, or validity of
the content.
2.4. The Platform may
be accessed free of charge, or in any other manner determined by K K Zala from
time to time. Provided however that in order to access the latest Content, You
are required to have access to an uninterrupted internet connection.
2.5. You hereby agree
and acknowledge that nothing contained in this Agreement constitutes an
obligation on the part of K K Zala to offer or provide Content as mentioned
herein. K K Zala may at its sole discretion disable access to the content
without any notice.
2.6. You hereby
acknowledge and concede that the use, access and availing the facilities of the
Platform shall also be governed by the Terms and Conditions, Content Policy and Privacy policy of
K K Zala . You hereby agree that you shall be bound by the Terms and Conditions
and Privacy Policy and shall act in accordance with the said documents.
2.7 While posting
content to the Platform, You hereby agree and acknowledge that you shall
strictly adhere to the provisions relating to User Generated Content in the
Dally Hunt Terms and Conditions.
3. Activities not
permitted
3.1. You hereby
agree, undertake and confirm that use of the Platform shall be subject,
including without limitation, to the following conditions:
3.1.1. You shall use
the Platform through its installation only in a single mobile or computer
device at a time.
3.1.2. You shall not
illegally download/save the Content accessed through the Platform at any given
time.
3.1.3. You shall not
attempt to Reverse Engineer, Decompile or Descramble or use the Platform in any
manner to understand the process, structure or working of the Platform or to
otherwise reduce the Platform to a human perceivable form.
3.1.4. You shall not
modify, network, rent, lease, loan, sell, distribute or create derivative works
based upon the Platform in whole or in part. You shall not at any time make the
Platform available to multiple users through any networking, terminal access,
downloading, internal time sharing or similar arrangement or otherwise.
3.1.5. You shall not
collect or harvest or attempt to harvest or collect personal data of other
users who are using the Platform. You shall not transmit any viruses, worms,
defects, Trojan horse, cancel bots, spyware, other items of a contaminating or
destructive nature, denial of service attacks, adware, packet or IP spoofing,
forged routing or electronic mail address information or similar methods or
technology harmful code, flood pings, malware, bot, time bomb, worm, or other
harmful or malicious component, which or might overburden, impair or disrupt
the Platform , or which does or might restrict or inhibit any third-party
user’s use and enjoyment of the Platform.
3.1.6. You shall not
alter or remove, attempt to alter or remove any trademark, copyright or any
other proprietary or legal notices contained in, or appearing on, the Platform
or any other contents appearing on the Platform. You shall not frame or utilize
framing techniques to enclose any trademark, logo, or other proprietary
information (including images, content, music, text, page layout, or form) of K
K Zala and its affiliates. You may not use any meta-tags or any other “hidden
text” utilizing the name or trademarks of K K Zala or its affiliates.
4. Ownership
4.1. You hereby
agree, undertake and confirm that all right, title and interest in the Platform
is retained by K K Zala and that this Agreement only licenses your use of the
Platform subject to the terms and conditions of the Agreement. You hereby
confirm that this Agreement does not amount to transfer of any proprietary
property by K K Zala to You, and that all right, title, and interest in the
property continues to vest with K K Zala .
5. Intellectual
Property
5.1 The copyright,
trademark, patent or other intellectual property rights in the contents of the
Platform (including, without limitation, all designs, logos, names, text, sound
recordings, music, images, graphics, video and links) are licensed to operated
by K K Zala or the respective third-party entities as identified on the
Platform. No license or right is granted, and use of the Platform therein shall
not constitute by implication, estoppel or otherwise, any license or right of
use. As such, You shall not reproduce, transmit, republish, upload, post,
perform, broadcast, adapt, parody, distribute, display, license and/or alter in
whole or in part any of the foregoing in any manner without the express
permission of K K Zala .
5.2 You shall not
download or encourage others to download copyrighted works, trademarks, or
other proprietary information without obtaining the prior written consent of
the owner of the Intellectual Property. In the event of infringement, K K Zala
may on its own sole discretion to take necessary steps to remedy the same.
6. Confidentiality
6.1. You hereby agree
that You shall not disclose any confidential information to any third party
about the Platform or K K Zala which You have come into possession by virtue of
downloading, installing, accessing or using the Platform, or in any other
manner. You also agree that in any event, if such confidential information is
disclosed by User(s) in violation of this Agreement, K K Zala may on its own
sole discretion, terminate this Agreement by deleting Your Accounts, without
any notice to You, or to take any other legal measure which is considered
reasonable and legitimate.
6.2. In the event You
are aware that the Confidential Information is passed to any third party, You
shall immediately inform K K Zala regarding the same.
7. Representations
and Warranties
7.1. The Platform and
information on it are provided by K K Zala “as is” and on an “as available”
basis and K K Zala and its affiliates, and their officers, directors,
employees, and agents make no warranties and hereby disclaim any express or
implied warranties, including, but not limited to, the implied warranties
(collectively, “warranties”) of merchantability and fitness for a particular
purpose. In no event shall K K Zala or its affiliates be liable for any direct,
indirect, incidental, special, exemplary, or consequential damages (including,
but not limited to, loss of use, data, or profits; or business interruption)
however caused and on any theory of liability, whether in contract, strict
liability, or tort (including negligence or otherwise) arising in any way out
of the use of this Platform, even if advised of the possibility of such damage.
7.2. The content
accessible by You through Your use of the Platform includes materials that
belong to third parties. You acknowledge that K K Zala assumes no
responsibility for such content.
7.3. K K Zala makes
no representations or guarantees that the Platform will be free from any bugs,
viruses, Trojan horses, or the like which may be transmitted to or through our
Platform by any third party, and/or any errors or omissions in any content or
for any loss or damage of any kind incurred as a result of the use of any
contents accessed by You through the Platform.
7.4. K K Zala does
not warrant, endorse, guarantee, or assume responsibility for any product or
service advertised or offered by a third party through the use of the Platform
or any hyperlinked services or featured in any banner or other advertising, and
K K Zala will not be a party to or in any way be responsible for monitoring any
transaction between You and third-party providers of products or services. As
with the purchase of a product or service through any medium or in any
environment, You should use best judgment and exercise caution, interference,
personal injury or property damage, of any nature whatsoever, resulting from
the access to and use of the Platform, hacking, or other security intrusion by
You , and K K Zala disclaims any liability relating thereto.
7.5. K K Zala makes
no guarantees, representations, or warranties that use or results of the
Platform will be accurate, timely, reliable, uninterrupted, or without errors.
Without prior notice, K K Zala may modify, suspend, or discontinue any part or
all of the Platform or Your use of the Platform. In such event, K K Zala will
not be liable to You or any third party.
7.6. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL K K ZALA OR ITS
AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER
INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF
PRIVACY, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE
CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER
ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE THE
PLATFORM AND ANY LOSS OR DAMAGE ARISING OUT OF OR IN RELATION TO ACTS OF GOD OR
ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL OF K K ZALA OR ITS AFFILIATES.
8. Advertisements
& Third-Party Content
8.1. You hereby
agree, undertake and confirm to receive advertisements through use of this
Platform.
8.2. K K Zala may
provide access to third party websites on its Platform. K K Zala is not
responsible for any third-party content, including but not limited to texts,
graphics, user interfaces, visual interfaces, photographs, trademarks, logos,
sounds, music and artwork or applications, services, advertisements, and/or
links that may be contained in the Platform.
8.3 K K Zala may
provide access on its Platform to third-party games, quizzes, and other such
activities requiring skill, for which prizes may be awarded by the concerned
third-party. K K Zala does not own or control these third-party games or other
activities, and does not control or undertake any liability for declaring
results or awarding prizes.
8.4 If You have any
complaints or concerns regarding third-party content or third-party activities
on the app, You agree to report your complaints through the takedown process.
You further agree and acknowledge that K K Zala will handle Your complaints in
accordance with its Takedown Policy and the applicable law.
9. Privacy
9.1. While You are
accessing, availing and/or using the Platform, K K Zala may collect some of
Your personal information and data. Such information is only collected with
respect to various activities relating to the Platform and for no other purpose
whatsoever. You may read K K Zala ’s Privacy Policy for
more information.
10. Governing Law,
Jurisdiction and Arbitration
10.1. The Agreement
shall be governed by the laws for the time being in force in the territory of
India and the Courts in Bangalore alone shall have exclusive jurisdiction on
the matters concerning this Agreement.
10.2. All disputes
arising under or in relation to this Agreement may be referred to arbitration
before a sole arbitrator. If the Parties fail to agree on the appointment of a
sole arbitrator within the time stipulated under the [Indian] Arbitration and
Conciliation Act, 1996 (the “Act”) the Parties shall approach the competent
Court under the Act for appointment of the Sole Arbitrator. The Arbitration
proceedings shall be carried out in accordance with the Act and the Rules
framed there under and the place of Arbitration shall be Bangalore. The arbitration
proceedings shall be conducted in English.
11. Term &
Termination
11.1. This Agreement
shall commence on the date You install and accept the agreement and shall
remain in full force and effect while You use and access the Platform.
11.2. You have the
right to terminate this Agreement by deleting or uninstalling the Platform at
Your sole discretion.
11.3. You hereby
agree that K K Zala reserves the right, in its sole discretion, to terminate
this Agreement by deleting the Your user Account, without any notice to You,
for any reason that may also include violation of any terms of the Agreement by
You.
11.4. On termination
of Your account, any and all user content, information existing in Your account
or any and all activity from Your account shall be irretrievably deleted.
However, certain details shall be maintained with K K Zala for archival and
legal purposes.
11.5. Both Parties
hereby agree, undertake and confirm that provisions relating to Intellectual
Property, Confidentiality, Representations and Warranties, Indemnity,
Liability, and other provisions which by nature survive the termination of the
Agreement shall survive the expiration or termination of the Agreement.
12. Disclaimer
THE PLATFORM AND ALL
CONTENT ACCESSIBLE THROUGH THE PLATFORM, ARE PROVIDED “AS IS”, “AS AVAILABLE”,
AND “WITH ALL FAULTS”.
13. Indemnity
You hereby agree to
indemnify, defend and hold K K Zala and its affiliates and their officers,
directors and employees, harmless from and against any and all damages, liabilities,
costs and expenses, including attorney’s fees and expenses, arising out of,
incident to, or resulting directly or indirectly from the use of the Platform
in a manner inconsistent with this Agreement. Notwithstanding its reasonable
efforts, K K Zala cannot take responsibility or control the Content accessed by
You through the Platform.
14. No Liability
TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL K K ZALA OR ITS AFFILIATES BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL
DAMAGES, FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS
INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY
DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY
OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED
TO THE USE OR INABILITY TO USE THE PLATFORM AND ANY LOSS OR DAMAGE ARISING OUT
OF OR IN RELATION TO ACTS OF GOD OR ACT OF THIRD PARTY THAT IS BEYOND THE CONTROL
OF K K ZALA OR ITS AFFILIATES.
15. Severability
If any provision in
this Agreement becomes invalid or illegal or adjudged unenforceable, the
provision shall be deemed to have been severed from this Agreement and the
remaining provisions of this Agreement shall not, so far as possible, be
affected by the severance.
16. Waiver
The failure of K K
Zala to enforce at any time any of the provisions of this Agreement shall not
be construed to be a waiver of its right, power, privilege or remedy or as a
waiver of any preceding or succeeding breach on Your part to this Agreement nor
shall any single or partial exercise of any right power privilege or remedy
preclude any other or further exercise of such or any other right power
privilege or remedy provided in this Agreement all of which are several and
cumulative and are not exclusive of each other or of any other rights or
remedies otherwise available to K K Zala at law or in equity.
17. Force Majeure And
Act of Third Parties
The performance of
any part of this agreement by K K Zala and its affiliates shall be excused to
the extent that such performance is hindered, delayed, or made impractical by
flood, fire, war, or riot or any other cause beyond the reasonable control of K
K Zala or act of any third party beyond the control of K K Zala including but
not limited to hacking, data theft, unauthorised access to User account,
impersonation, fraud, misrepresentation and so on.
18. Modification
18.1 You hereby
agree, undertake and confirm that K K Zala reserves the right to update, modify
or suspend any part of this Agreement and/or Privacy Policy and/or Terms and
Conditions from time to time. Such revised Agreement and/or Privacy Policy
and/or Terms and Conditions shall be effective from the date of such update or
modification or suspension. You hereby agree, undertake and confirm that K K
Zala is not under any obligation to notify You about any changes, modifications
made in the Agreement and/or Privacy Policy. It shall be Your responsibility to
regularly review the Terms and Conditions and/or Privacy Policy and/or Terms
and Conditions for updates if any. If You disagree with any of the changes to
the Agreement, You can refrain from accessing or using the Platform by
uninstalling the Platform. Your continued access or use or availing of the
Platform following the changes in the Agreement and/ or the Policies (including
Privacy Policy, Terms and Conditions and Content Policy) will indicate Your
acceptance and acknowledgement of the changes and You hereby agree, undertake
and confirm that You shall be bound by the revised Agreement and/or the
Policies.
For more information,
please contact:
Ketanthakkar1506@gmail.com
This document is an
electronic record in terms of Information Technology Act, 2000 and rules there
under as applicable and the amended provisions pertaining to electronic records
in various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require any physical
or digital signature.
I have read and
understood the Terms and Conditions and I hereby, out of my free will,
unconditionally accept to be bound by the same.
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