Terms and Conditions
Contents
1. OUR INTRODUCTION 2. DEFINITIONS 3. INTERPRETATION 4. COMMITMENT AND SCOPE 5. OUR SERVICES 6. MODIFICATIONS TO THE SERVICE 7. REGISTRATION INFORMATION 8. OUR CONTENT 9. USER SUBMISSION 10. SUBSCRIPTION PLAN AND PAYMENT 11. LIMITED GUARANTEE 12. GEOGRAPHIC RESTRICTION 13. YOUR COMMITMENT AND RESPONSIBILITIES 14. GENERAL CONDITIONS 15. EXCLUSION OF LIABILITY 16. THIRD PARTY LINKS 17. PERSONAL INFORMATION AND PRIVACY POLICY 18. ERRORS, INACCURACIES AND OMISSIONS 19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY 20. COPYRIGHT AND TRADEMARK 21. INDEMNIFICATION 22. MISCELLANEOUS 22.1 COMPLIANCE WITH LAW AND DATA STORAGE 22.2 SEVERABILITY 22.3 TERMINATION 22.4 ENTIRE AGREEMENT 22.5 GOVERNING LAW AND JUDICIAL RECOURSE 22.6 FORCE MAJEURE 22.7 HOSTING SERVICES 22.8 ASSIGNMENT 22.9 CONTACT INFORMATION1. OUR INTRODUCTION
Zobaze POS (“we,” “us,” or “our”) welcomes you.
At Zobaze POS, we are committed to simplifying the management of sales for any retail stores, any small shops, Fast Food, Food Shop, Restaurant, Food Truck, beauty salons & spa, car wash etc. Zobaze POS, mobile application is a tool to convert your smartphone or tablet to a complete point of sale billing software which is very easy to use and handy.
We offer you access for our services through our “Mobile Application” (defined below) subject to the following Terms of Service, which may be updated by us from time to time without prior notice to you but subject to receipt of your consent from time to time, as required by law. By accessing or using this Mobile Application, you acknowledge that you have read and understood these Terms of Use and agree to be legally bound by them (collectively, this “Agreement” or “Terms”). In case you do not agree with any of these terms, then please do not use the Mobile Application.
2. DEFINITIONS
• “Agreement” or “Terms” denotes to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Mobile Application;
• “Service” or “Services” is a reference to any service defined below, which we may supply and which you may request via our Mobile Application;
• “User”, “You” and “your” denotes to the person who is accessing the Mobile application for taking or availing any service from us. User shall include the company, partnership, sole trader, person, body corporate or association taking services of this Mobile Application;
• "Members" means users that are subscribed the subscription plan available on the mobile application;
• “We”, “us”, “our” and “Company” are references to Zobaze Technologies Private Limited;
• “Mobile Application” shall mean the mobile application on the application store (App Store, Google Play Store) titled Zobaze, Restokeep, LedgerBook, Bizli or Restaurant & Food Shop - KDS including any successor name of these Platforms;
• “Member Account” shall mean an electronic account opened by the user with the Platform to avail services offered through the Mobile Application, which shall be unique and specific to each user;
• “Platform” means Zobaze, Restokeep, LedgerBook, Bizli or Restaurant & Food Shop - KDS, including any successor name of these Platforms, being proprietary applications, offering and brands of the Company;
• “Subscription Fee” means the subscription fee paid by User for participation in the service of a Subscription Plan offered by the Platform, to be paid directly by Users to the Company; and
• “Subscription Plan” shall means any kind of subscription plan offered by the Platform and made available on the Mobile Application through which users can avail various Services available on the Mobile application.
3. INTERPRETATION
• All references to singular include plural and vice versa and the word "includes" should be construed as "without limitation".
• Words used herein regardless of the number and gender specifically used, shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine or neuter, as the context requires.
• Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
• All headings, bold typing and italics (if any) have been inserted for convenience of reference only and do not define limit or effect the meaning or interpretation of the terms of this Agreement.
4. COMMITMENT AND SCOPE
• Acceptance. By accessing or using the Mobile Application in any manner, you agree to be bound by these Terms and any applicable agreement referenced herein. If you do not agree to these Terms, you should not access or use the Mobile Application. We may update these Terms from time to time. Where required, we will notify you of any material changes and seek your acceptance of the updated Terms. Subject to applicable law, your continued use of the Mobile Application following such notification constitutes your acceptance of the updated Terms. If you are accepting these Terms on behalf of a company, organization, government, or other legal entity, you hereby represent and warrant that (a) you are legally authorized to do so, (b) the relevant entity will be legally bound by the Terms, and (c) neither you nor the relevant entity is barred from using the Services or accepting the Terms under the laws of the applicable jurisdiction.
• Scope. These Terms govern your use of the Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to third-party products or services (including payment gateway/aggregators), which are governed by their own terms of service.
• Eligibility: Our service is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason.
• Electronic Communication: When you use this Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
5. OUR SERVICES
At Zobaze POS, we are committed to simplifying the management of sales for any retail stores, any small shops, Fast Food, Food Shop, Restaurant, Food Truck, beauty salons & spa, car wash etc. You can use Zobaze POS (point of sale app/billing software app/MIS app) instead of a cash register to track sales, inventory in real-time, manage inventory items (products and services), manage customers data, view sales reports, send a digital invoice via SMS, WhatsApp and more.
Zobaze POS and each Mobile Application is a tool to convert your smartphone or tablet to a complete point of sale software which is very easy to use and handy.
The Services are offered to the Users through various modes which may include issue of coupons and vouchers that can be redeemed for various Services.
It is however clarified that the Platform and the Mobile Application is intended solely to simplify the management of sales, order management, customer engagement, or operational support and is not designed, marketed, or intended to function as accounting, bookkeeping, or financial reporting software. You agree not to use the Mobile Application for accounting, tax compliance, statutory reporting, or financial record-keeping purposes. Any use of the Mobile Application for such purposes is at your sole risk.
To the fullest extent permitted under applicable law, we disclaim all liability for any loss, damage, regulatory non-compliance, or penalties arising from the use of the Mobile Application as an accounting or financial reporting tool.
6. MODIFICATIONS TO THE SERVICE
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We will notify you of Changes by sending an email to the address identified in your Member Account or by posting a revised version of the Terms incorporating the Changes to our Mobile Application. Any subsequent use of Services by you is contingent on your acceptance of such revised Terms. Post your acceptance of the Changes to the Terms, use of the Services will be deemed to mean that you agree to the Changes. The Changes to the Terms will apply prospectively beginning on the date, the Changes and accordingly the revised Terms are posted to the Mobile Application and are available for review at any time.
7. REGISTRATION INFORMATION
For accessing the Mobile Application and using certain Services, you may be required to provide specific information and to create a user ID and password to establish a Mobile Account.
You accept that the details you provide in relation with establishing any account with the Platform is correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.
8. OUR CONTENT
We publish our own content as well as links, content and resources provided by third parties and content that has been specifically commissioned by us for publication on the Mobile Application.
All registered rights relating to any third party links, content or resources published on the mobile application shall remain with the original source.
For all other content published on the Mobile Application reserves all proprietary rights including, but not limited to, copyrights, trademarks and other intellectual property rights in and to all content on the Mobile Application; this includes all text, graphics, photographs, logos and/or other items that appear on the Mobile Application.
Visitors and/or Users are not authorized to use the Platform’s or Mobile Application’s name, designs, logo or likeness without prior consent.
9. USER SUBMISSION
A. Content Responsibility and Data Submission.
When you use this mobile application, you agree to adhere to the content guidelines listed in our terms of services and privacy policies. You are solely responsible for the content/data submitted by you. It is you all your risk and accountability towards the content/data reliability, accuracy and quality. You represent that you have required permission to use the content or provide the data.
You are solely responsible for all data, information, and content submitted, uploaded, or generated through your use of the Mobile Application (“User Data”). You represent and warrant that (i) such User Data is accurate, complete, and up to date, and (ii) you have all necessary rights, consents, and authorizations to submit and use such User Data.
We do not verify, audit, or assume any responsibility for the accuracy, completeness, or reliability of any User Data. Any reliance on outputs, reports, or insights generated by the Mobile Application is solely at your own risk, to the extent such outputs are based on User Data.
Without limiting the foregoing, you remain solely responsible for maintaining accurate business records and for compliance with all applicable accounting, tax, and regulatory obligations. To the fullest extent permitted under applicable law, we disclaim all liability arising from any errors, omissions, or inaccuracies in User Data or any consequences resulting from reliance thereon.
Please do not use content that:
• contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
• violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;
• sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects;
• Information or data which are unlawfully obtained.
Any submitted content that includes the above, will be refused. If repeated violations occur, we reserve the right to cancel user access to our Services without advanced notice.
B. Advertising: The Company and its licensees may publicly display advertisements, paid content in the Mobile Application. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you. Where in deletion or cancellation of the advertisement will not be entertained for refund.
10. SUBSCRIPTION PLAN AND PAYMENT
• All the purchase for any Service available on the Mobile Application shall be governed by these Terms.
• Any order for subscribing any Subscription plan by the User for taking the services from this Mobile Application is between User and Zobaze POS. User agrees to take particular care when providing us with its details and warrant that these details are accurate and complete at the time of ordering.
• SUBSCRIPTION CHARGES: It is agreed by the User that:
▪ User shall pay required subscription fee to us as per the Subscription plan available on the Mobile Application.
• Subscription Payment: Payment mode shall be:
▪ Online: Credit Cards and Debit cards;
▪ Online Wallets, UPI, Google Pay
Preferred method of payment is Credit Cards and Debit cards. Accepted Credit Cards are: Visa / Delta / Electron / MasterCard / Eurocard / Maestro/ American Express. Debit cards are accepted if they have a Visa or MasterCard logo.
• You must ensure that you keep these details secure and do not provide this information to a third party.
• We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your subscription order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the mobile application.
• Any order for subscribing to any Subscription plan that you place with us is subject to acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order and subscription details.
• We may refuse or be unable to process your order/subscription if:
▪ Your card does not give authorization for the payment of purchase price.
▪ You do not meet the eligibility to order criteria set out above.
• The user can cancel the subscription of any service anytime by contacting us.
• No refund shall be applicable on the cancellation of the subscription.
• We take customer feedback very seriously and use it to constantly improve our products and quality of service.
11. LIMITED GUARANTEE
By availing our services:
• We provide an opportunity for you to avail the offered Services from our Mobile Application;
• We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a Services offered by the Mobile Application is not as described, your sole remedy is to intimate us about Services for taking further action.
12. GEOGRAPHIC RESTRICTION
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region or jurisdiction. We may use this right as per our business needs, or for compliance with laws. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on our Mobile Application is invalid where banned by any applicable law of any jurisdiction.
13. YOUR COMMITMENT AND RESPONSIBILITIES
• You shall use the Mobile Application, our Service for a lawful purpose and comply with all the applicable laws;
• You shall not upload, modify or delete any content that:
◦ Defamatory, infringes any trademark, copyright or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, include any sensitive information about any person.
◦ with an intent to avoid compliance with any applicable law (including tax laws and financial laws).
• You shall not use or access the Mobile Application for collecting any market research for some competing business;
• You shall not use any virus, hacking tool for interfering in the operation of the Mobile Application or data and files of the Mobile Application;
• You will not use any device, scraper or any automated thing to access our Mobile Application for any mean without taking permission.
• You will inform us about anything inappropriate or you can inform us if you find something illegal on the Mobile Application;
• You will not interfere with or try to interrupt the proper operation of the Mobile Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Mobile Application through hacking, password or data mining, or any other means;
• You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement/ back-end hosting systems; and
• You will let us know about unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Mobile Application or any service, or any portion of the Mobile Application or service, without notice, and to remove any content.
14. GENERAL CONDITIONS
• We does not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
• We make material changes to these Terms from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
• The Mobile Application is licensed to you on a limited, non-exclusive, non-transferrable, non-perpetual, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, subject to all the terms and conditions of this Agreement as they are applicable to the Service.
• You further acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile Application.
• You acknowledge and agree that we are not responsible for addressing any claims you or any third party may have in relation to the Mobile Application or third party aspects on the Mobile Application;
• Both you and us acknowledge and agree that, in your use of the Mobile Application you will comply with any applicable third party terms of agreement and relevant applicable laws which may affect or be affected by such use.
15. EXCLUSION OF LIABILITY
At Zobaze POS, we are committed to simplifying the management of sales for any retail stores, any small shops, Fast Food, Food Shop, Restaurant, Food Truck, beauty salons & spa, car wash etc.
You understand and agree that we (A) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (B) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential or any other form of loss or damage that may be suffered by a user through the use of the Platform including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Zobaze Technologies Private Limited, nor its shareholders, directors, officers, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; (iv) upload/modification of data by you; and (v) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
16. THIRD PARTY LINKS
We may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measure when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
17. PERSONAL INFORMATION AND PRIVACY POLICY
By accessing or using Mobile Application, you approve us to use, store or otherwise process your personal information as per our Privacy Policy and applicable laws.
18. ERRORS, INACCURACIES AND OMISSIONS
Every effort have been taken to ensure that the information offered on our Mobile Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Mobile Application and no warranty shall be provided by us for its suitability for any purpose.
19. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
OUR PLATFORM, MOBILE APPLICATION AND/OR THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE MOBILE APPLICATION WILL OPERATE ERROR-FREE OR THAT THE MOBILE APPLICATION, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE MOBILE APPLICATION OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE MOBILE APPLICATION OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE RELEVANT PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
THE MOBILE APPLICATION MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE MOBILE APPLICATION. THE MOBILE APPLICATION MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. A REFERENCE TO A SERVICE ON THE MOBILE APPLICATION DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE MOBILE APPLICATION AT ANY TIME WITHOUT NOTICE.
20. COPYRIGHT AND TRADEMARK
We have provided certain material such as graphics, logo, photo, designs audio recording, text, software etc. (collectively referred to as “Content”). The Content may be possessed by us or third parties.
Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You shall not modify or transfer any copyrighted content in any way for any public or commercial purpose. If you violate any provision of this Agreement, your rights to access or use the Mobile Application shall be terminated and you must with immediate effect destroy any and all copies you have created from the content.
Our trademarks, service marks, designs, app look and flow, and logos used and displayed on the Mobile Application are registered and unregistered proprietary trademarks or service marks of us. Other company, product, and service names located on the Mobile Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.
21. INDEMNIFICATION
You agree to secure, indemnify, and hold us and our officers, directors, employees, successors, licensees, and allocates harmless from and against any loss, dues, actions, or demands, including, without restriction, judicious legal and accounting fees, arising or consequential from your breach of this Agreement, non-compliance with laws (including tax laws) or your misappropriation of the Content of the Mobile Application. We shall provide you notice of such claim, suit or proceeding at your expense. We reserve the right, at your expense, to undertake the exclusive defense and control of any case that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
22. MISCELLANEOUS
22.1 COMPLIANCE WITH LAW AND DATA STORAGE
We process and store data, including data submitted, modified, or deleted by you, in accordance with our Privacy Policy and applicable law. This may include retention of certain data for audit, security, operational, or legal compliance purposes, even where such data has been modified or deleted within the Mobile Application.
We implement reasonable technical and organizational measures to protect your data and to ensure that it is accessed and used only for legitimate business purposes.
We do not sell your data. We may access, use, or share your data strictly on a need-to-know basis and in accordance with our Privacy Policy, including: (i) with our service providers and affiliates who are bound by confidentiality and data protection obligations; and (ii) where required to comply with applicable law, enforce our legal rights, or respond to lawful requests from governmental or regulatory authorities.
All such processing and disclosures are carried out in compliance with applicable data protection laws, including the Digital Personal Data Protection Act, 2023 and, where applicable, the General Data Protection Regulation.
22.2 SEVERABILITY
If any provision of these Terms is found to be unenforceable or inacceptable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
22.3 TERMINATION
Term. The Services will be provided to you can be cancelled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
22.4 ENTIRE AGREEMENT
This Agreement (together with our Privacy Policy) constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.
22.5 GOVERNING LAW AND JUDICIAL RECOURSE
The terms herein will be governed by and construed in accordance with the laws of India without giving effect to any principles or conflicts of law. The Courts of Hyderabad, Telangana, India shall have exclusive jurisdiction over any dispute arising from use of the Mobile Application.
22.6 FORCE MAJEURE
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond our reasonable control, including, without limitation, an act of war or terrorism, pandemic, epidemic, government enforced lockdowns, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event/Act of God.
22.7 HOSTING SERVICES
We have entered into arrangements with one or more third parties for hosting services that are essential to the Services provided by Us and without which the Services could not be provided to you. By using the Mobile Application, you acknowledge and agree that your data may be processed and stored by such third-party service providers, including in jurisdictions outside your location, in accordance with applicable law.
22.8 ASSIGNMENT
The Company shall have the right to assign/transfer these presents (including your Member Account) to any third party including its holding company, subsidiaries, affiliates, associates and group companies, without any consent of the User.
22.9 CONTACT INFORMATION
If you have any questions about these Terms, please contact us at info@zobaze.com