The following are the terms and conditions which need to be adhered to by all the Users using the Services offered by Datability Solutions Inc. This statement is an electronic document and is deemed to be accepted by the User as soon as he/she visits the website or interacts with any other software provided by Datability Solutions Inc. As this is an electronic document, this does not need any physical or digital signature. These terms are in accordance with the Global Data Protection Rights and all other relevant laws applicable between the Parties.
By installing/using the Services as hereinafter defined, the User is bound by the following Terms & Conditions:
1. Parties to the Agreement:
- Datability Solutions Inc (hereinafter referred to as DSI, which term shall, unless the same be repugnant to the meaning or context thereof, be deemed to include its subsidiaries, successors and permitted assigns), a company incorporated in the United States of America, having its registered office at 2035 Sunset Lake Road, Suite B2 Newark, New Jersey 19702 engaged in the business of development of software applications for websites and owns and operates a website ‘www.iZooto.com’ and other software and services provided to the user by DSI (hereinafter called as Services, and would refer to the Services, both jointly and severally); and
- The User of the Services
2. Date of Agreement:
- This agreement is deemed to be entered on the day when The User first visits the website starts using the services, whichever is earlier.
3. Definition and Interpretation:
- Authorized User: The term Authorized User shall mean and include any person, whether a natural person or any legal entity who has been subscribed to the Services of DSI, after registration and due verification by DSI. It is made abundantly clear that only the Authorized User has the right to access the Services so offered by DSI.
- Consent: Consent of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
- Controller: Controller means the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data and in the context of this agreement, the User.
- Data Subject: Data Subject means any natural person from the European Union, who visits the website of the Authorised User and whose Personal Data is processed under this Agreement by DSI.
- Identifiable Data Subject: An identifiable data subject is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Personal Data: Personal data means any information relating to an identified or identifiable data subject; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
- Processing: Processing means any operation or set of operations which is performed on personal data or on sets of personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
- Processor: Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of the controller and in the context of this agreement, DSI.
- Services: Services means and include the izooto website, any DSI Software or service, whereby DSI, based on information collected from the visitors to the Authorised User’s website, provides certain software and data based services to its customers in relation to their products, services, or any other information and/or content to the Authorized User. The term Services may refer to each of the above jointly or severally.
- User: User means any person who access or avail any Services provided by DSI for any purpose and includes other persons jointly participating in using the said Services.
User shall include the authorized user as well as any person who uses the Services without registration/verification with DSI. It is made clear that all the users shall be bound by these terms and conditions but, an unauthorized user shall have no rights/privileges under this agreement or otherwise against DSI.
4. Membership Eligibility & Account:
- Use of the Website is available only to persons who can form legally binding contracts under their respective laws, un-discharged insolvents etc. are not eligible to use the Services.
- The Authorised User shall be given access to avail the Services by registration and creation of an account on the Website (“Account”). The Authorised User shall ensure that at the time of creation of the Account, that all accurate and complete registration information as on date is provided.
5. Term of the Agreement & Termination:
- The term of the Agreement starts on the day when the User first uses the Services and will continue till the time the User uses the Services or when the Agreement is specifically terminated by either party as per the provisions hereinafter mentioned.
- Notwithstanding anything stated in this Agreement, either Party may terminate this Agreement without assigning any reason by giving 1 months’ prior written notice to the other Party.
- Without prejudice to the Parties’ above rights of termination, either Party may terminate this Agreement immediately upon notice to the other Party if the other Party is in breach of this Agreement and the breach has not been remedied within 15 (fifteen) days following written notice by the non breaching party for cure of such breach to the breaching Party.
- Either party may terminate this Agreement, effective immediately on the following grounds:
- If a Party becomes or is declared bankrupt, insolvent or goes into voluntary or compulsory liquidation, except for the purpose of amalgamation or reconstruction; or
- If any distress or attachment is levied, or any receiver is appointed in respect of the business or a substantial part of the property or assets of a Party, or if any similar action in consequences of debt; or
- For any reason whatsoever if either Party becomes disentitled in law to perform its obligations under this Agreement.
- DSI may, with immediate effect, terminate this Agreement in respect of the User:
- If in the opinion of DSI, the User has violated any of the Terms of this agreement or any policies framed by DSI for the access of the Services; or
- If in the opinion of DSI or any Governmental Authority it is not in Public interest to provide the Services to a particular User; If the User is declared as a bankrupt.
6. Consequences of Termination:
- Upon termination of this Agreement, may provide a transition period not exceeding one month and if so extended, shall extend its co-operation in this regard.
- Upon termination of this Agreement, DSI shall cease access to and use of the User’s Website and the Personal Data in any manner whatsoever unless instructed in writing by the User and shall within a period of one month, handover the Data and thereafter permanently destroy the Data from its system/database.
7. User Obligations and acknowledgments:
- User acknowledges that the User has taken Consent from the Data Subject for Processing of his/her Personal Data or the same is required for the performance of a contract to which the Data Subject is a party or the User is otherwise authorized in accordance with the laws applicable to such Data Subject for the kind of Processing associated with the exact product or service availed by the User.
- The User acknowledges that DSI only Processes the Personal Data of the Data Subject upon pre documented instructions as to the subject-matter, nature and purpose of the processing based upon the product or service chosen and duration of the processing, based upon the subscription period, and the type of personal data and categories of data subjects as per the requirement of the exact product or service provided by DSI.
- The User undertakes not to instruct the Processor to Process any Personal Data in the nature of racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation or related to criminal convictions of any Data Subject.
- The User shall be responsible for the safety and security of the passwords associated to his account. The User agrees to notify us immediately in the event of any unauthorised access or use of the information provided by the User in his Account.
- The User shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any server, computer, network, or to any of the services offered on or through the Services, by hacking, password "mining" or any other illegitimate means.
- The User shall not probe, scan or test the vulnerability of the Services or any network connected to the Services nor breach the security or authentication measures on the Services or any Computer Resource connected to the Services. The User may not reverse look-up, trace or seek to trace any information on any other User of the Services, including any account on the Services not owned by the User, to its source, or exploit the Services or information made available or offered by or through the Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than the User’s own information, as provided for the access to the Services.
- The User agrees and undertakes not to launch any “robots”, “spiders”, “page scrape”, “deep link”, “load testers”, “offline readers” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process which accesses the Service in a manner that sends more request messages to the DSI Computer Resources in a given period of time than a human can reasonably produce in the same period by using the Services.
- The User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about DSI or the brand name or domain name used by DSI, or otherwise engage in any conduct or action that might tarnish the image or reputation, of DSI or other Users of the Services. The User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or DSI's systems or networks, or any systems or networks connected to DSI.
- The User shall at all times ensure full compliance with the applicable laws enforceable for the time being to the Data Subjects and to the present Agreement.
- The User shall not access the Website/ Services for the purpose of creating a product or service competitive with the Website and/or the iZooto Service.
- DSI agrees not to restrict or prevent any other Customer and/or end user from using the Website/iZooto Service, including without limitation, by means of ‘hacking’ or defacing any portion of the Website.
8. Intellectual Property Rights and Restrictions on use:
- It is hereby agreed and acknowledged that DSI owns all legal rights, title and interest in and to the Website and the iZooto Services and any information, data or content displayed therein. Users hereby acknowledge that you do not acquire any rights, title or interest in or to the Website and the iZooto Services and/or the information, data or content displayed therein.
- Any information, data or content provided by us on the Website is purely intended to educate and inform you about DSI, the Website and the iZooto Service. The same can be used solely to the extent necessary for your authorised use of the Website as provided under the respective commercial arrangement. You shall not, in any manner whatsoever modify or use such information, data, text or content for any other purpose as the same may constitute violation of any intellectual property rights owned by us in such information, data, text or content and hence the same is strictly prohibited.
- The intellectual property owned by DSI whether registered or not, shall not be used by you in connection with any products or services that is likely to cause confusion among the end users or in any way that undervalues DSI. Nothing contained on the Website or the iZooto Service shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any intellectual property without the permission of DSI. Misuse of any intellectual property owned by DSI is strictly prohibited and DSI shall enforce its intellectual property rights in such intellectual property, including via civil and criminal proceedings.
9. Disclaimer of Warranties & Indemnity:
The following are the terms and conditions which need to be adhered to by all the Users using the Services offered by Datability Solutions Inc. This statement is an electronic document and is deemed to be accepted by the User as soon as he/she visits the website or interacts with any other software provided by Datability. As this is an electronic document, this does not need any physical or digital signature. These terms are in accordance with the Global Data Protection Rights and all other relevant laws applicable between the Parties.
DSI further acknowledges that the persons authorized to process the personal data of the Data Subject have suitably committed to the confidentiality of the said data.
The Services by DSI are provided as per this agreement, without warranties or representations of any kind, either express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, DSI does not warrant that:
- The Services will be constantly available, or available at all; or
- The information on the Services is complete, true, accurate or non-misleading.
DSI and any third party providing materials, services or content to this website, disclaims all warranties, express or implied, statutory or otherwise including, but not limited to, implied warranties of merchantability, title, fitness for a particular purpose, non-infringement of third party rights, completeness or accuracy of the information, update or correctness of the information, freedom from computer viruses, other violation of rights regarding services, products, material and Contents of DSI.
Views expressed by the users are their own; DSI does not endorse the same and shall not be responsible for them. No claim as to the accuracy and correctness of the information on the Services is made, although every attempt is made to ensure that the content is not misleading/ offensive/ inappropriate. In case any inaccuracy is or otherwise improper content is sighted on the Services, please report it to report abuse.
The User agrees and acknowledges that the User shall have no right to seek any claim, damages or indemnity from DSI for any kind of loss suffered by the User out of the use of the Services. It is further agreed that the User shall have no indemnity or protection from any claim or demand, or actions including reasonable legal fees, made by any third party or penalty imposed due to or arising out of any alleged breach of these Terms & Conditions by DSI or its licensees, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees.
10. Third parties:
Any reference to any third party on the Website is provided purely for your informational purposes. While DSI uses its best endeavour to ensure that the information provided on the Website is true and accurate as on date, DSI does not warrant the accuracy of the same and shall not be liable for any fallacy in such information displayed on the Website or its appropriateness for any purpose thereof.
11. Modification of the iZooto Service and the Platform:
DSI endeavours to constantly improve the iZooto Service through innovation to provide the best to the Customers. You acknowledge and agree that you shall accept and adapt to such innovations as and when the same are implemented. We shall notify you of any such changes as and when the same are made.
12. Limitation of Liability:
DSI will not be liable for any damages of any kind arising out of or relating to the use or the inability to use the Services, its Content or links, including but not limited to damages caused by or related to errors, omissions, interruptions, defects, delay in operation or transmission, computer virus, line failure and all other direct, indirect, special, incidental, punitive, loss of profit, exemplary or consequential damages whether based on warranty, contract, tort or any other legal theory including Force Majeure, and whether or not, such organizations or entities were intimated or advised of the possibility of such damages.
DSI assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to or alteration of the User’s data/information. DSI shall not be responsible for any problem or technical malfunction on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problem or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to any User or to any other person's computer related to or resulting from participating or downloading materials/information from the Services.
The right to amend, vary or change these terms and conditions and the Privacy and Intellectual Property Policies at any time exclusively rests with DSI. Any changes to these Terms and Conditions will be notified by posting on Datability’s website. The User should visit the site periodically to review the latest Terms and Conditions. For the avoidance of doubt, the User's continued use of the Service constitutes an affirmation, acknowledgement and acceptance of the amended terms and conditions.
The failure of DSI to exercise or enforce any right or provision of the Terms and Conditions or the Policies shall not constitute a waiver of its right to enforce such right or provision subsequently.
Payments against the platform fee received can be refunded 100% on written request within 72 hours of receipt, subject to same being reflected in our bank account. Post 72 hours, no refund shall be made and subscription service shall be cancelled at the end of the billing period. Payment made or deducted against any other charges including but not limited to set up fee, one time usage fee etc would be refunded under any circumstances.
17. Jurisdiction and Dispute Resolution:
If you need to give us notice of anything, you must write to us in English at firstname.lastname@example.org marking the same to the attention of Shrikant. If we need to give you notice of anything, we shall write to you at the email address you provide to us, either during the registration process of your Account or any other email address you may provide to us. Notice shall be deemed given 24 (twenty four) hours after an email is sent, unless the sender is notified that the email address is invalid or receives any 'delivery failure' notification. If you have any questions about this, please contact email@example.com