This Internet Web Site Use Agreement (the “Agreement”) is between you and Zocalo Realtech Pvt Ltd, having its registered office at BC-1A, DDA Flats, Munirka, New Delhi - 110027, herein after referred to as “the Company”. Your use of the Company‘s internet web site www.zocalo.in herein after referred to as “the Website” is subject to the following terms and conditions of use:
YOU AGREE TO READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. THE WEBSITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH THE HOSTS DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR ACCOMMODATIONS (DEFINED BELOW) AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK ACCOMMODATIONS. YOU UNDERSTAND AND AGREE THAT THE COMPANY IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND GUESTS, NOR IS AN AGENT OR INSURER. THE COMPANY HAS NO CONTROL OVER THE CONDUCT OF HOSTS, GUESTS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY ACCOMMODATIONS, AND DISCLAIMS ALL LIABILITY IN THIS REGARD. YOU ACKNOWLWDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL LISTINGS YOU POST. PLEASE NOTE THAT THE COMPANY RESERVES THE RIGHT, AT ANY TIME AND WITHOUT PRIOR NOTICE, TO REMOVE OR DISABLE ACCESS TO ANY LISTING FOR ANY REASON, INCLUDING LISTINGS THAT THE COMPANY, IN ITS SOLE DISCRETION, CONSIDERS TO BE OBJECTIONABLE FOR ANY REASON, IN VIOLATION OF THESE TERMS OR OTHERWISE HARMFUL TO THE SITE, APPLICATION OR SERVICES.
KEY TERMS -
“Accommodation” means any residential and other properties booked and listed though the Website, Application and Services.
“Content” means text, graphics, http://zocalo.in/assets/main/new/images, music, software (excluding the Application), audio, video, information or other materials.
“Guest” means a Member who requests a booking of an Accommodation via the Site, Application or Services, or a Member who stays at an Accommodation and is not the Host for such Accommodation.
“Host” means a Member who creates a Listing via the Website, Application and Services.
“Listing” means an Accommodation that is listed by a Host as available for rental via the Website, Application, and Services.
“Member” means a person who completes the company‘s account registration process, including, but not limited to Hosts and Guests, as described under "Account Registration" below.
LIABILITY LIMITATION; EXCLUSIVE REMEDY
IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THESE TERMS OF USE OR YOUR USE OF THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS PARAGRAPH IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, OR YOU HAVE ANY DISPUTE OR CLAIM AGAINST THE COMPANY WITH RESPECT TO THESE TERMS OF USE OR THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WTH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS.
Use of the Web Site signifies your unconditional agreement to the terms and conditions of this Agreement. If you do not agree to these terms and conditions of use, do not access or otherwise use of this Website.
1) The Company may gather, process and use information and materials received from you (e.g., name, physical address, e-mail address) or collected through your use of the Website for any lawful reason or purpose.
2) The Company reserves the right, at its sole discretion, from time to time to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the Website.
3) You will abide by any and all copyright notices, trademark notices, ownership information or restrictions contained in any Content on the Web Site. You may not download and make copies of the Content and other downloadable items displayed on this Website. Copying or storing of any Content on the Website for reproduction, redistribution or publication to third parties for commercial purposes is expressly prohibited without prior written permission from the Company. All rights to the Company‘s copyrighted materials not expressly granted herein are reserved by the Company.
4) The Company, at its sole discretion, may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or Content. Company may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
5) Registered Users: Registered users of the Website shall agree that all the information including registration details, profile information, local information, communications provided by them shall be true, accurate, current and complete and such information collected by company shall be the Proprietary Information of the Company. The Company reserves the right to verify use and modify such information without any intimation and prior permission of the provider. You represent, warrant and covenant that you shall not upload, post or transmit to or distribute or otherwise publish through the Website any materials which: (i) restrict or inhibit any other user from using and enjoying the Website; (ii) are unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent; (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or governmental regulation; (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contain a virus or other harmful or destructive elements; (vi) contain any information, software or other material of a commercial nature; or (vii) constitute or contain false or misleading indications of origin or statements of fact.
6) You hereby agree to defend, indemnify and hold harmless the Company, and all its officers, directors, agents, employees, information providers, affiliates, licensors and licensees from and against any and all liabilities, claims, penalties, losses, damages, cost and expense (including court costs and reasonable attorney‘s fees, interest expense and amounts paid in compromise or settlement), suits or actions arising out of or resulting from any breach by you of this Agreement, including the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim.
7) The Website may contain hypertext links and pointers to the other World Wide Web Internet sites and resources operated and controlled by parties other than the Company. Links to and from the Website to such third party sites do not imply or constitute an endorsement by the Company of any third party material or content.
8) The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website.
9) The Company reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in the Company's sole discretion are objectionable or in violation of this Agreement.
10)The company Website, including all content, data, software, functions, materials and information made available on or accessed through the web site, is provided on an "as is" basis. To the fullest extent permissible by law, the company makes no representation or warranties of any kind whatsoever for the content on the Website or the materials, information and functions made accessible by the software used on or accessed through the web site, for any hypertext links to third party web sites or for any breach of security associated with the transmission of sensitive information through the web site or any linked site. Further, the company disclaims any express or implied warranties, including, without limitation, merchantability, fitness for a particular purpose and non-infringement. The company does not warrant that the functions contained in the web site or any materials or content contained therein will be uninterrupted, error free or those defects will be corrected. The company shall not be liable for the use of the Website, including, without limitation, the content and any errors contained therein. To the fullest extent permissible by law, the company shall not be liable to you for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of or access to the web site or for any information obtained through the Website, whether based on contract, tort, strict liability or otherwise.
11) By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively “Communications”) to the Website, you hereby grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise fully exploit such Communications, in all media now known or hereafter developed. You hereby waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and rights of attribution in connection with such Communications. All the information collected including personal data, pictures photographs creative ideas, suggestions or materials shall be the Proprietary information of the Company and shall not be subject to any obligations of confidence, non-disclosure or non-usage. The Company is hereby entitled to unrestricted usage of the Information on a worldwide basis without compensation to the provider of the Information.
12) You acknowledge that Communications involving the Website are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Company, no confidential, fiduciary, and contractually implied or other relationship is created between you and the Company other than pursuant to this Agreement.
13) This Agreement shall be governed by and construed and enforced in accordance with the laws of INDIA with respect to contracts made and to be performed wholly therein. In case of any dispute or difference arising out of this Agreement on any issue, if not resolved amicably shall be referred to a single Arbitrator if the parties hereto agree upon, otherwise to the two Arbitrators one each to be appointed by the parties to the dispute and the proceedings of the arbitration shall be conducted in accordance with the provisions of the Arbitration & Conciliation Act, 1996 or any of its statutory modification or enactment thereof for the time being in force. The venue of arbitration shall be NEW DELHI.
14) This Agreement constitutes the entire agreement between the Company and you with respect to your use of and access to the Website. This Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to the Website. Use of the Website is unauthorized in any jurisdiction that does not give effect to all or any of the terms and conditions of this Agreement. Any cause of action you may have with respect to your use of and access to the Website must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give legal effect to the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or the Website to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by the Company. The failure of the Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor bar the Company‘s right to enforce the provision.