By registering with the Web Portal and Application of NaaviQ, (a product by Zoomstar Innovations Pvt. Ltd.), Licensees / Users acknowledge and signify that they have read, understood, and agree to be bound by these Terms and Conditions. Licensee / User must agree to these Terms and Conditions in order to access or use the Website and the Application. Licensee / User may not use the services if they do not agree or accept the terms or are unable to be bound by the terms.
Use of the Software is based on, Licensee / User obtaining and maintaining access to the internet, and all equipment necessary for proper operation of the Software. Licensee / User is required to maintain and use secure usernames and passwords issued by Zoomstar Innovations Pvt. Ltd., if any, for the access and use of the Software. Licensee / User is responsible for all activities that occur under Licensee / User's usernames and passwords. Licensee / User shall be responsible for ensuring the security and confidentiality of such usernames and passwords, if any.
Licensee / User undertakes to prevent unauthorized access to, or use of, the Software and shall notify Zoomstar Innovations Pvt. Ltd. immediately of any such unauthorized use or other known breach of security. Licensee / User shall report to Zoomstar Innovations Pvt. Ltd. immediately and immediately stop any copying or distribution of the Software that is known or suspected by Licensee / User.
Licensee / User shall be solely responsible for providing all relevant data, system, hardware etc required for the proper installation and operation of the Software and Zoomstar Innovations Pvt. Ltd. shall be under no obligation for making arrangements of same.
Licensee / User shall at all times: (a) effect and maintain adequate security measures to safeguard the Software from unauthorised access, use, and disclosure; (b) supervise and control access to and use of the Software in accordance with the provisions of this Agreement; (c) provide the Zoomstar Innovations Pvt. Ltd. from time to time on request with contact details for the person responsible for supervising and controlling Software's access and use; and (d) ensure that the Software is at all times clearly labelled as the property of the Zoomstar Innovations Pvt. Ltd.
The Licensee / User shall keep all information including but not limited to Software, Code, Website Portal, Mobile Application, Documentation or any other documentation, methods, processes, data of the users shared with respect to the Agreement as proprietary of the Zoomstar Innovations Pvt. Ltd. and treat the same as confidential and shall not disclose such information to any third party, except, disclose pertinent aspects of the Agreement to government and / or regulatory authorities, as required by law.
Licensee / User shall not disclose, provide, or otherwise make available the Software to any person other than the employees of Licensee / User whose use of or access to the Software is necessary in connection with Licensee / User's exercise of its rights granted.
Zoomstar Innovations Pvt. Ltd. shall procure that all its employees and other personnel who have access to any Confidential Information shall be made aware of, and subject to the obligations, set out in Clause.
Licensee / User shall not use the Service for any purpose not expressly permitted by this Agreement.
Licensee / User shall use all commercially reasonable precautions to protect the confidentiality of the Software, and shall secure from all employees, agents or independent contractors having access to the Software.
In no event shall Zoomstar Innovations Pvt. Ltd. be liable to the Licensee/User or a third party for any special, punitive, indirect, incidental or consequential damages (including loss of use, data, business or profits, business interruption) arising out of or in connection with the Customer Agreement or the use or performance of the Software, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), product liability or otherwise, and whether or not the Licensee or the third party has been advised of the possibility of such loss or damage.
In any event, Zoomstar Innovations Pvt. Ltd.'s maximum aggregate liability (whether in contract or under any other form or liability) for damages or loss, howsoever arising or caused, whether or not arising from Zoomstar Innovations Pvt. Ltd.'s negligence, shall not be in excess of the prorated amount of fees paid to Zoomstar Innovations Pvt. Ltd. hereunder in preceding three (03) months of the event which is giving right to such claim. The foregoing liability cap shall apply notwithstanding the failure of essential purpose of any limited warranty or remedy herein.
The NaaviQ ( a product by Zoomstar Innovations Pvt. Ltd.) name, its logo, and other trademarks, service marks, graphics used in connection with the website and the application are trademarks of Zoomstar Innovations Private Limited. Other trademarks, service marks, graphics, and logos used in connection with the website and the application are the trademarks of their respective owners (collectively "Third-Party Trademarks"). The NaaviQ ( a product by Zoomstar Innovations Pvt. Ltd.) Trademarks and Third-Party Trademarks are not to be copied, imitated, or used, in whole or in part, without the prior written permission of the applicable trademark holder. The website, the Application and the content featured on the website and the application are protected by copyright, trademark, patent, and other intellectual property and proprietary rights Acts.
Any and all rights to the Software, its contents, code and any Documentation provided therewith, including title, ownership rights and Intellectual Property Rights therein shall remain the sole and exclusive property of Zoomstar Innovations Private Limited.
Any Licensee/ User of the application shall not own any Intellectual Property Rights with respect to the Software, customization, training material and accompanying Documentation, including Zoomstar Innovations Private Limited's confidential information.
Any Licensee/ User of the application shall not use the Intellectual Property Rights of Zoomstar Innovations Private Limited without the prior written consent of the Zoomstar Innovations Private Limited. Contravention of this provision shall be construed as a material breach.
Except as otherwise set forth in these Terms, these Terms shall be governed by Indian laws and the parties submit to the exclusive jurisdiction of Indian courts to resolve any dispute between them arising under or in connection with the website and the application terms.
If any provision (or part of a provision) of the website and the application terms are found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law, reserved to trademark holders and its licensors.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Services or these Terms, including those relating to its validity, its construction, or its enforceability (any "Dispute") shall be first mandatorily submitted to mediation proceedings in terms of the Indian law. If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under the Indian laws, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996 ("Act"). The Dispute shall be resolved by one (1) arbitrator to be appointed by Zoomstar Innovations Private Limited. The place of both mediation and arbitration shall be Delhi, India. The language of the mediation and/or arbitration shall be English or Hindi unless you do not speak English and Hindi, in which case the mediation and/or arbitration shall be conducted in English, Hindi, and your native language, if possible. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, any correspondence from the mediator, and correspondence, orders, and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.