All end users subscribing to/otherwise using any of the 'zenga group services' [hereafter referred to as 'subscriber' or 'end user' or 'end users']] agree to be bound by the terms and conditions contained hereinbelow. It is further undertaken by the subscriber that the contents hereinbelow including words/paragraphs contained in fine print are fully read and understood before acceptance of the same. It is also specifically understood and accepted that the end user agrees to be bound by any additional terms and conditions that any 'zenga group company' may post on its site from time to time.
It is further specifically understood that the word 'end user' or 'subscriber' shall mean any natural or artificial person, subscribing to use any of the 'zenga group services', including all such persons using the service on behalf of or on the account of such end user. The words 'zenga' or 'zenga group company' are used interchangeably and shall refer to zenga media pvt ltd and other companies in the group company.
The words 'zenga group services' shall refer to any services or applications being offered by any zenga group company and being subscribed by the end user.
Zenga further states that not all mobile telephone devices support the 'zenga group services' being subscribed to. The end user is always advised to verify if the mobile telephone he/she intends to use, supports the 'zenga group services' that is being subscribed to.
The 'zenga group services' include - (i) zengatv web and wap (ii) zengatv app as also any other service that may be provided by a zenga group company from time to time. Each such 'zenga group services' would contain its own characteristics. Except for assurances specifically given or descriptions specifically made, zenga does not give any implied or explicit assurances or warranties with regard to the same. notwithstanding the description of any of the 'zenga group services', the end user specifically agrees to have subscribed to the service upon a satisfaction of its performance. The same is therefore subscribed to on an 'as is' and 'as provided' basis. The end user may, if he/she so desires, choose only some of the services listed above.
The end user agrees that he/she has fully examined and understood the 'zenga group services' being subscribed to, with all its limitations, and is subscribing to the same with full understanding of the same. The end user agrees not to hold zenga or its licensors responsible for any deficiencies on account of timeliness, misdelivery, deletion or otherwise of user communication or personalized settings on account of the 'zenga group services'. The end user agrees that the subscription is limited to the 'zenga group services' and any additional service downloaded may involve payment of third party fees, which shall be the sole responsibility of the end user. Further the end user is otherwise responsible for any liability that may arise out of such downloads.
The end user specifically understands that some of the content made available as part of the 'zenga group services' may not be suitable for access to persons below the age of 18 years. The end user states that he or she is not below the age of 18 years. The end user agrees to ensure that he/she shall not make the 'zenga group services' available to any person below the age of 18 years, except with the consent of such person's parent or guardian. For this purpose, the parent or guardian shall be in the best position to judge the suitability of the content. The end user agrees not to hold zenga or its licensors responsible for any losses or other damage caused or claimed to have been caused, directly or indirectly by the use of the 'zenga group services'.
The end user specifically agrees that he/she is fully and legally competent to understand and enter into this agreement.
The end user specifically undertakes that the information provided at the time of subscription/registration is true, full and complete and is not misleading in any manner whatsoever. The end user further undertakes to update the information to ensure that the information at all times represents the true and complet picture.
The information provided by the end user to zenga shall not be used or disclosed to any person outside of zenga, for any purpose except for
The end user agrees that he/she shall be responsible for evaluating, and bearing all risks associated with the use of 'zenga group services', including any reliance on the accuracy, completeness, or usefulness of any content.
The end user understands that the technical processing, transmission, availability etc. Of the 'zenga group services', including the content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. The end user understands that the 'zenga group services' and software embodied within the 'zenga group services' may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by zenga and/or content providers who provide content to the 'zenga group services'. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the 'zenga group services', in whole or in part, is strictly prohibited.
The end user agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the 'zenga group services' or its components, use of the 'zenga group services', or access to the 'zenga group services'.
upon completion of the subscription process, the end user may [in the case of certain 'zenga group services'] receive a password and account desigantion. The end user is solely responsible for maintaining the confidentiality of the password and account and shall be responsible for all activities that occur under that account. The end user agrees to (a) immideately notify zenga of any unauthorized use of the password or account or any other breach of security; and (b) ensure that the users exit from his/her account at the end of each session.
without prejudice to the terms and conditions contained elsewhere in this agreement, the end user undertakes not to use the service to:(a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
by submitting ideas, suggestions, documents, or other information and/or proposals (herienafter called "contributions") to zenga including through its registration, suggestion or feedback webpages or through any other means whatsoever, the end user acknowledges and agrees that: (a) his/her contributions do not contain confidential or proprietary information; (b) zenga is not under any obligation of confidentiality, express or implied, with respect to the contributions; (c) zenga shall be entitled to use or disclose (or choose not to use or disclose) such contributions for any purpose, in any way, in any media worldwide; (d) zenga may have something similar to the contributions already under consideration or in development; (e) end user's contributions automatically become the property of zenga without any obligation of zenga to the end user; and (f) end user shall not be entitled to any compensation or reimbursement of any kind from zenga under any circumstances.
end user agrees to indemnify and hold zenga and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the use of the 'zenga group services'.
the end user acknowledges that zenga may establish general practices and limits concerning use of the 'zenga group services'. The end user acknowledges that zenga reserves the right to modify these general practices and limits from time to time.
zenga reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the 'zenga group services' (or any part thereof) with or without notice. The end user agrees that zenga shall not be liable to him/her or to any third party for any modification, suspension or discontinuance of the 'zenga group services'.
the end user agrees that zenga may, at any time and without prior notice, immediately terminate his/her access to the 'zenga group services', without giving rise to any liability against zenga.
the end user's correspondence or business dealings with, or participation in promotions of, advertisers found on or through the 'zenga group services', including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between the end user and such advertiser. The end user agrees that zenga shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the 'zenga group services'.THIRD PARTY LINKS
zenga may provide, or third parties may provide, links to other web sites or resources. The end user acknowledges and agrees that zenga is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.
the end user acknowledges and agrees that the 'zenga group services' and any necessary software used in connection with the 'zenga group services' (herein called "software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. The end user further acknowledges and agrees that content contained in sponsor advertisements or information presented to the end user through the service or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by zenga or its licensors or advertisers, the end user agrees not to modify, reverse engineer, decode rent, lease, loan, sell, distribute or create derivative works based on the 'zenga group services' or the software, in whole or in part.
in addition to the disclaimer and warranties explicitly and impliedly contained elsewere in this agreement, the end user expressely understands and agrees that:
The end user's use of the 'zenga group services' is at his/her sole risk. The 'zenga group services' is provided on an "as is" and "as provided" basis. Zenga and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement;
Zenga and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be responsible for any deficiency in 'zenga group services' on account of a lack of mobile telephone network, defect in the device being used or on account of any other reason not directly attributable to zenga;
Zenga and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the 'zenga group services' will meet the end user's requirements; (ii) the 'zenga group services' will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the 'zenga group services' will be accurate or reliable; and (iv) the quality of any products, 'zenga group services', information or other material purchased or obtained by the end user through the 'zenga group services' will meet his/her expectations;
Any material downloaded or otherwise obtained through the use of the 'zenga group services' is accessed at the end user's own discretion and risk, and that he/she will be solely responsible for any damage to his/her device or loss of data that results from the download of any such material;
No advice or information, whether oral or written, obtained by the end user from zenga or through or from the 'zenga group services' shall create any warranty not expressly stated in this agreement;
The 'zenga group services' is provided for informational purposes only, and no content included in the service is intended for trading or investing purposes. Zenga and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the 'zenga group services', and shall not be responsible or liable for any trading or investment decisions based on such information;
A small percentage of end users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a screen or while using the 'zenga group services'. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If the end user has an epileptic condition, then he /she should consult his/her physician prior to using the service. Immediately discontinue use of the service and consult his/her physician if the end user experiences any of the following symptoms while using the 'zenga group services': dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.
the end users expressly understand and agree that zenga and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to the end user for any direct, indirect, incidental, special, consequential or exemplary damages.
zenga may provide the end user with notices, including those regarding changes to this agreement, by any means including but not limited to email, regular mail, sms, mms, text message, postings on the service, or other reasonable means now known or hereinafter developed and such notice shall constitute adequate notice to end user. the end user may provide zenga with notices, by registered post and email at such notice address as notified on its web page and this shall constitute adequate notice to zenga.
Entire agreement. This agreement constitutes the entire agreement between the end user and zenga and governs the use of the 'zenga group services', superseding any prior agreements between the end user and zenga with respect to the 'zenga group services' [except where this agreement makes a specific refernce to the prior agreement]. The end user also may be subject to additional terms and conditions that may apply when the end user uses or purchases certain other zenga services, affiliate services, third-party content or third-party software. Severability
If any provision of this agreement is prohibited or held or determined to be void, invalid, illegal or unenforceable in any jurisdiction under any law applicable for the time being, such provisions shall be deemed amended or modified or deleted in so far as is reasonably inconsistent with the provisions of this agreement and to the extent necessary to conform to applicable laws and the remaining provisions of this agreement shall remain valid, legal and enforceable in accordance with this agreement. A failure by zenga to enforce any of its rights under this agreement shall not at any time be construed as a waiver thereof. Governing law & arbitration
This agreement and the rights and obligations of the parties under this agreement shall be construed and enforced in accordance with the laws of india. Any dispute pertaining to the provision of the service, shall be subjected to arbitration. Either party may refer the matter to a sole arbitrator to be nominated by zenga. The decision of the arbitral tribunal shall be binding and final. The provisions of the arbitration and conciliation act, 1996, or any other statutory amendment, for the time being in force, shall apply. The arbitration shall be conducted at new delhi.
(d) without prejudice to any other term of this agreement, it is specifically agreed by the end user that no claim or cause of action shall lie against zenga and/or its subsidiaries, affiliates, officers, employees, agents, partners and licensors at any time later than one year from the date of subscription to the service.
ZENGA only collects personal information that is necessary for business purposes. We endeavor at all times to collect personal information in a fair and lawful manner, and to meet our members' expectations that we will respect their right to control how their personal information is collected and used.ZENGA collects personal information in many parts of its business. These include: In applications submitted and papers signed, at the time of becoming a subscription or thereafter. At the time of online registration for membership Through interactions subsequent to becoming a member. This policy explains the main features of ZENGA's use of member and customer information and is not exhaustive
Our purpose in collecting information about you is to provide you with subscription for our services and for other purposes connected with our business. ZENGA uses personal information in several different ways in operating its subscription programs and operating its business, and most of these uses are clear from the circumstances. We also use your personal information for internal quality assurance purposes. ZENGA will not normally otherwise use or disclose any information about you without your consent, unless: Required by law To protect the rights, property or personal safety of another subscriber, or of ZENGA itself or of any member of the public. The assets and operations of the business are transferred to another party as a going concern. The disclosure is required in the regular course of business of ZENGA, including for its promotional and marketing purposes.
ZENGA uses or may use a range of service providers, consultants, etc. to help maximise the quality and efficiency of its business operations. This means that individuals and organizations outside of ZENGA, will have access to personal information held by ZENGA and may use it on behalf of ZENGA. We take no responsibility for the actions of such persons or of any third persons who come into possession of such information.
ZENGA is committed to high standards of data security with respect to information collected on its web-site. We shall endeavor to offer reasonable data security measures for transactions made over the Internet, but do not accept any responsibility with regard to the same.
If at any time you wish to change personal information that is inaccurate or out of date, please contact ZENGA and the records would be amended. If you wish to have your personal information deleted, please let ZENGA know in the same manner as referred to above and we will take all reasonable steps to delete it unless we need to keep it for legal reasons.
ZENGA endeavors to take all reasonable steps to keep secure any information which we hold about you, and to keep this information accurate and up to date.