Terms and Condition

This is a Contract/Agreement between you and Capros Cybermedia Services LLP - the owners of ‘the website’ namely www.zoomty.com (hereinafter referred to as Zoomty) having its registered office at Mumbai, India.

This Contract is effective from the date when you first start using Zoomty and/or upon registration as a Member on Zoomty and the same shall continue until terminated by either one of the parties expressly by filling up and submitting the ‘Termination Notice Form’ provided in the website.

Zoomty provides advertising services relating to real estate/property and other connected services without any specific warranty of any specific result/outcome.

Zoomty may modify this agreement from time to time at its own discretion. Any alteration in this contract term shall be effective up on our posting the changes in the Terms &Conditions web page with a link on our home page. You may check the provisions of this contract regularly to update yourself accordingly. Your use of Zoomty site implies your acceptance of change in this Contract as effected by Zoomty from time to time.THIS CONTRACT LIMITS OUR LIABILITY AND ALSO LIMITS YOUR REMEDIES Please read and understand the terms of DISCLAIMER here in below.

Eligibility

You can become a ‘Member’ of Zoomty by successfully registering on the website www.zoomty.com. Membership to the Zoomty is void where prohibited. For using this site you must be eligible to enter into, execute and abide the terms of this contract as per the applicable laws of India. Your use of Zoomty represents and warrants that you have the right, authority and capacity to enter into this Agreement and to abide by all of the Terms and conditions of this Agreement.

You agree to inform Zoomty your subsequent disability to enter into any contract. Subsequent disability shall entitle Zoomty to restrict/change/terminate this agreement at its own discretion with or without any notice to you in this regard.

Free Consent

You state that the very fact that you are visiting/have visited the Zoomty is your complete unqualified acceptance, relating to various Terms of Use Agreement detailed in the website as also in the disclaimer section of this Agreement. You fully declare and undertake with a sound mind without any undue force, pressure, influence or coercion on you, that you shall be fully bound by the terms of this Contract. You further undertake that in case any dispute arises out of and relating to the non-performances of any obligations as a visitor of this Zoomty site or as a seeker or querist of opinion, advice or consultancy from the services of the Zoomty site or on account of non-payment of any dues in respect of the CHARGABLE services rendered under this Agreement then the exclusive jurisdiction to file law suits against you, being the user/member/querist, shall be in the courts at MUMBAI only.

Services

In order to use all the functionalities of Zoomty, you may get yourself registered as a member of the Site by providing your true and correct information as required in the registration process.

Zoomty can add and delete the kind of services provided any time with or without the alteration in this Service Agreement, effective upon sending notice of such change to you OR by updating the modifications of the relevant clauses of this contract from time to time.

Services for the purpose of this Contract Agreement mean the Services to be provided by Zoomty to the User/ Member of Zoomty and shall inter-alia include the provision of following facilities:

1. Service to the Users/Members wishing to post their properties for the purpose of sale/rental, AND for Users/Members providing the property, services etc.

2. Service to the Users/Members who wishes to place a print advertisement in any of the publications through www.zoomty.com.

3. Service to the Users/Members who wishes to insert advertisements at www.zoomty.com or to the Users/Members who wishes to receive advertisements and promotional messages on and through emails. Hereinafter, all the above services shall collectively be referred to as Service(s).

Suspension of Services

If any amount payable by the Member to the Company is not paid on the due date, the Company may without prejudice to any other rights or remedies that may be available to it, suspend the Service(s) provided to the Member.

When the Service(s) subscribed for is suspended, it shall be deemed to be terminated. The date shall be such as stipulated by Zoomty.

Upon subsequent payment by the User/ Member of such monies as demanded by Zoomty, the Company may at its discretion and subject to such terms as it deems proper, restore the Service(s).

Zoomty may at its sole discretion from time to time offer you variety of features and facilities pertaining to the Service(s).

Property Posting Fees and Payment

The applicable ‘Rate for the Service(s)’ provided shall be such as mentioned in the ‘Post Property’ page or as may be prescribed by the Company from time to time.

All individual Members who access or post their properties on Zoomty for the purpose of buying property shall be exempted from the application of this clause.

All Members who are Builders and Agents would be allowed certain numbers of free postings of their properties, beyond which they are liable to pay the property ‘Posting Fees’ as per ‘Rate of Service(s)’ mentioned in the ‘Post Property’ page of the website, and liability for the Property Posting fees shall accrue from the date of such chargable posting.

Where property Posting fees accrues it shall be payable at or within such time as stated or informed by Zoomty to the Member.

The property Posting fees can be paid by the Member through Credit Cards/Debit Cards/ Net Banking/ Cash Cards, Mobile Payments etc into our Bank account.

The Services will be activated only on realization of the full payment.

Term & Termination

This Agreement will remain in full force and effect after you first use the Site and/or are a Member of Zoomty. Zoomty reserves its right to change the Service(s) or delete features at any time and for any reason and to cancel or suspend your membership at any time. Such cancellation or suspension may be without cause and/or without notice. In case of Service cancellation, your right to use the Service ceases right away. Once the membership is cancelled or suspended, any data/content you may have stored/submitted to Zoomty may not be retrieved later. Refund of the fees, if any, shall be at the sole discretion of Zoomty and the same would decided on case to case basis on merits and would be subject to other terms of this Agreement. You understand that Zoomty may at any time, at its sole discretion and without prior notice to you, prohibit or restrict your access to the use of any or all the Services of Zoomty.

Authority to submit information on Zoomty

Any information/content in relation to any property or otherwise shall be submitted by you only and only if you are: - Undisputed legal owner of said property or Legally valid Special Power of Attorney holder from the undisputed legal owner of said property to perform under this Contract or Holding any other legally valid authority document(s); or Otherwise legally authorized to submit such information. Zoomty is not responsible to any third party for any unauthorized postings by you.

Other terms of use by members

In case of content/data/information submitted by you to Zoomty, for availing the Services provided by Zoomty, is found incorrect, misleading, derogatory, illegal and/or such content are submitted without any authority then Zoomty reserves its rights to take all necessary action including cancellation of any or all your registrations with or without any notice to you in this regard without any refund of the fee.

Zoomty reserves the right to screen messages that you may send to others through Zoomty site. You will not use any information obtained from the Site/Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent.

In order to protect Zoomty and/or our Members from any abuse / misuse, Zoomty reserves the right to restrict the use of Zoomty by you for such period which Zoomty deems appropriate in its sole discretion. You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrappers, EXE's, CGI or any other programs/scripts to view and collect information or content on or communicate/contact/respond/interact with Zoomty and/or its Members.

Zoomty reserves the right to screen the content you may post and also regulated the same by deleting unwarranted/ obscene or any other content at any time at its sole discretion without prior notice to you.

Content posted on the site

You hereby confirm that:

The Content posted by you on the site does not infringe any third party's intellectual property or proprietary rights or rights of publicity or privacy;

The Content posted by you on the site does not violate any law, statute, ordinance, regulation or order of any court or any statutory authority;

The Content posted by you on the site is not defamatory, libelous, pornographic or obscene.

The Content posted by you on the site does not contain viruses or other similar harmful or deleterious programming routines. If you violate this provision you may be penalized up to and including termination of your rights to use the service and any other remedies available to Zoomty by law;

Zoomty may verify the registration Data provided by you through its own sources and/or by asking documentary proof for any such information submitted by you during registration or thereafter (any time). If you provide any information that is untrue, inaccurate, not current or incomplete, or Zoomty has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Zoomty has rights to suspend or terminate your account and refuse any and all current or future use of the Zoomty site and its services (or any portion thereof). Zoomty owns and retains all proprietary rights, including without limitation, all intellectual property rights in the Zoomty Site and the Zoomty Service;

The Site contains the copyrighted material, trademarks, and other proprietary information of Zoomty, and its licensors. Except for that information which is in the public domain or for which you have been given express permission by Zoomty, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information;

All lawful, legal and non-objectionable messages (in the sole discretion of Zoomty), content and/or other information, content or material that you post on the forum boards shall become the property of Zoomty. Zoomty reserves the right to scrutinize all such information, content and/or material posted on the forum boards and shall have the exclusive right to either remove, edit and/or display such information, material and/or content;

Zoomty may delete any content, messages, photos or profiles (hereinafter collectively called "Content") that in the sole judgment of Zoomty violate this Contract or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Zoomty and/or its Members or any third party. - You are solely responsible for the Content that you publish, display or submit (hereinafter called "post") on Zoomty, or transmit to other Zoomty Members. You cannot use any automated processes, including IRC Bots, Robots, Spiders, Scrapers, EXE's, CGI or any other programs/scripts to view and or collect information or content on or communicate / contact / respond / interact with other Members.

The discussion forum on the website is not for personal grievance and the same is also not a venue for resolution of personal dispute;

Zoomty reserves the right to verify the authenticity of Content posted on the site. In exercising this right, Zoomty may ask you to provide any documentary or other form of evidence supporting the Content you post on the site. If you fail to produce such evidence within prescribed time, Zoomty may, in its sole discretion, terminate your Membership without any refund and pull out your content from the Zoomty site;

By posting Content to any public area of Zoomty you represent and warrant that you have the right to grant, to Zoomty an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, perform, display, and distribute such information and content and incorporate into other works such information and content, and to grant and authorize sublicenses of the foregoing;

You will use the Zoomty Service in a manner consistent with any and all applicable local, state, and federal laws and regulations;

The following is an indicative list of Content that is illegal or prohibited on the Site. Zoomty may investigate and take appropriate legal action in its sole discretion against anyone who violates the provisions of these Agreement, including without limitation, removing the offending communication from the Zoomty site and terminating the Membership of such violators without a refund. It includes Contents that :-

• (i) Are blatantly offensive to the online community and others, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

• (ii) Harasses or advocates harassment of another person;

• (iii) Involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";

• (iv) Promotes information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

• (v) Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

• (vi) Displays pornographic or sexually explicit material of any kind;

• (vii) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (viii) Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

• (ix) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

Intellectual property policy

You will not post, distribute, or reproduce in any manner copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of and valid legal authority from the owner of such proprietary rights.

Without limiting the foregoing, if you believe that your work has been copied and posted on the Site through the Zoomty Service in a way that constitutes copyright infringement, you will provide us with the following information.

a) A description of the copyrighted work that you claim has been infringed;

b) A description of where the material that you claim is infringing is located on the Site;

c) Your address, telephone number, and email address;

d) A written statement by you that you have a good faith and belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

e) Where applicable a copy of the registration certificate proving registration of copyright or any other applicable intellectual property right;

g) A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

h) Zoomty's Copyright Agent for Notice of claims of copyright infringement can be reached by writing to the MUMBAI address located under the CONTACT US section on the website.

Member Dispute

You are solely responsible for your interactions with other Zoomty Members. Zoomty reserves the right, but has no obligation, to monitor disputes between you and other Members. Zoomty also reserves the right to take appropriate action against errant members. However, Zoomty is not obliged to share such action with other members, including complainants.

Privacy

Zoomty is concerned about the safety and privacy of all its users. The Zoomty Privacy Policy with a link on our Home Page governs use of the Zoomty Site and/or the Zoomty Service. Zoomty is not supposed to intentionally monitor or disclose any private e-mail message or address information unless required by any law, or order of court or any statutory authority. You agree to respect the privacy and confidentiality of others.

Prohibited Actions

• Member is restrained from allowing any person other than the authorized person(s) named in the application form to use the Service.

• The Member undertakes not to resell or assign his/her rights or obligations under this Contract. Member also agrees not to make any unauthorized commercial use of the Service.

• The Member shall use the Service only for the purpose for which it is subscribed.

• The Member shall comply with all applicable laws (and shall not contravene any applicable law) of India relating to the Services, including any regulation made pursuant thereto.

• The Member shall not to print, download, duplicate or otherwise copy, delete, vary or amend or use any data or personal information posted by any Member on Zoomty except such data and information which is posted by the particular Member himself.

• The Member shall not share the Service with any person without the prior written approval of the Zoomty.

• The Member shall not use the Service for any unlawful purpose including without limitation criminal purposes.

• The Service shall not be used to send or receive any message, which is offensive on moral, religious, racial or political grounds or of an abusive, indecent, obscene, defamatory or menacing nature.

• The Member shall be prohibited if they persistently send messages or make postings on Zoomty to any other Member or third party who access Zoomty without reasonable cause or for causing any threat or/and harassment or/and annoyance or/and anxiety or/and any other inconvenience whatsoever caused to any person.

• The Member shall not infringe on any intellectual property rights of any person or/and retain information in any computer system or otherwise with an intention to do so.

• The Member shall give out to the company a non-exclusive, worldwide, royalty-free, irrevocable, sub-license able (through multiple tiers) right to exercise all copyright and publicity rights, in any existing or future media, known or unknown, over the material or Member Data displayed in our postings. For the purpose of this Agreement, "Member Data" shall mean all information (if any) submitted by the Member to Zoomty with the exception of trading data, credit card numbers, checking account numbers, etc. "Certifiable personal information” of Member shall mean that subset of "Member Data" which can be reasonably used to identify a specific individual such as their name, address, phone number, etc. The Member Data shall be deemed to be the property of Zoomty. The Member shall take all reasonable efforts to ensure that it is accurate and complete and not misleading in any way.

• Member agrees not to make use of anyone else's Information other than as necessary to complete any Zoomty transactions in which you are involved.

• The Member shall not violate, or attempt to violate the security of Zoomty and/or any web sites linked to Zoomty or gain un-authorized access any information regarded as private by other Members or persons, including but without limitation to accessing data and information not intended for them or logging onto a server or account which the Member is not authorized to access, attempting to probe, scan or test the vulnerability of a system or network or attempting to breach security or authentication.

• The Member shall be prohibited to introduce, post or transmit any information or software, which contains a virus, worm or other harmful component into the internet or Zoomty network system.

• In the event that the Member breaches any of the above mentioned covenants, the Zoomty shall have the right to delete any material relating to the violations. The Company reserves the unilateral right to suspend or/and deactivate the Member's access to Zoomty the Service and/or any other related facility in case of violation of terms of use. In addition to the right to indemnity available to the Company, the Company shall have the right to any legal remedy, against the Member to recover the loss suffered by the Company and the harm caused to the reputation of the Company, due to such violation by the Member.

• Zoomty strongly opposes SPAM, which floods the Internet with unwanted and unsolicited email and deteriorates the performance and availability of the Zoomty service. All forms of SPAM, or any other activities that have the effect of facilitating SPAM, are strictly prohibited.

• Zoomty also prohibits the use of another Internet service to send or post SPAM to drive visitors to your site hosted on or through Zoomty systems, whether or not the messages were originated by you, under your direction, or by or under the direction of a related or unrelated third party.

Dealing with Advertisers

Zoomty does not endorse any advertiser or any of its products. Any of your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Zoomty service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Zoomty 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 or advertisement on the Zoomty site.

Disclaimers

• Zoomty will take all possible measures to avoid any misrepresentation, fraud, illegal and unlawful action/inaction by any person using services of Zoomty but does not guarantee for any accuracy, correctness and/or reliability of any such information/content or user of Zoomty. You are bound to be alert and check the accuracy and correctness of any information submitted by any user on Zoomty site. Content/ information provided on this site is only for your reference and should not be treated as an advice or endorsement by Zoomty and before using or putting into any use of any such advise, or draft document you must consult a Legal practitioner.

• Your use of the Zoomty service is at your sole risk. Please note that this contract strictly limits our liability and Zoomty does not provide any warranty for the service. The contract also limits your remedies.

• Zoomty shall not be liable or responsible to verify the authenticity of the content posted by the users/members on the site including but not limited to the property price, plan, location, opinion/suggestions etc and shall be in no way be responsible for any loss/damages caused to the Users/Members. Zoomty only provides a platform/medium for communication between the property seeker and property providers. Zoomty is not responsible for any incorrect or inaccurate content posted on the site or in connection with the Zoomty service, whether caused by users, members or by any of the equipment or programming associated with or utilized neither in the service, nor for the conduct of any user and/or member of the Zoomty service whether online or offline.

• Zoomty does not guarantee or confirm the financial capability of any users/members of its services and does not acknowledge any ownership or guarantee for complying with the obligation between the property buyer and seller or licensor/lessor and licensee/lesee.

• Zoomty is not responsible for any incorrect or inaccurate content posted on the site or in connection with the Zoomty service, whether caused by users, members or by any of the equipment or programming associated with or utilized neither in the service, nor for the conduct of any user and/or member of the Zoomty service whether online or offline.

• Zoomty assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user and/or member communications.

• Zoomty is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any web site or combination thereof, including injury or damage to you, users and/or members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Zoomty site and/or in connection with the Zoomty service.

• Under no circumstances will Zoomty be responsible for any loss or damage resulting from anyone's use of the site or the service and/or any content/data posted on the Zoomty site or transmitted to Zoomty members. The exchange of any information/messages through Zoomty should not in any way be construed as any offer and/or recommendation from/by Zoomty.

• Zoomty shall not be responsible for any loss or damage to any individual arising out of, or subsequent to, relations established pursuant to the use of Zoomty. The site and the service are provided "as-is". Zoomty cannot guarantee and does not promise any specific results from use of the site and/or the Zoomty service.

• Zoomty 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.

• Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

• Zoomty disclaims any liability, whatsoever, arising out of or in connection with the services being offered through Zoomty.

• The Member shall ensure that while using the Service, all prevailing and applicable laws, rules and regulations, directly or indirectly for the use of systems, service or equipment shall at all times, be strictly complied with by the User and the Company shall not be liable in any manner whatsoever for default of any nature regarding the same, by the Member.

• Zoomty shall not be liable for any disclosure of information concerning the User's account and/or particular s nor for any error and/or omissions and/or inaccuracy with regard to information so disclosed. In addition Zoomty shall further not be liable for any loss or damages sustained by reason of such disclosure, weather intentionally or inadvertently.

• The Company does not warrant that Zoomty or any of the web sites linked to Zoomty will be free of any operational hazards or error s nor that it will be free of any virus or/and worm or/and any other harmful components.

• Zoomty is not involved in any transaction between any parties who are using our website. There are risks, which the User assumes when dealing with people who might be acting under false pretences and the same shall be borne by the User. The website is a venue only and do not screen or/and censor or/and otherwise control the listings offered to other Users, nor does Zoomty screen or/and censor or/and otherwise control the Users of its service. Zoomty cannot and does not control the behaviour of the participants on this site. We cannot control whether or not Users of Zoomty will complete the transactions they describe on our site. It is extremely important that the user takes care throughout his dealings with other people on this site. Zoomty doe s not accept or/and assume responsibility for the content or/and context of the user comment areas and will not remove or/and edit postings to the public comments areas once they are entered into the service, except to expire records or in its sole discretion.

• This Website/ E-mail are vulnerable to data corruption, interception, tampering, viruses as well as delivery errors and we do not accept liability for any consequence that may arise there from.

Limitation on liability

You expressly understand and agree that Zoomty and its subsidiaries, affiliates, officers, employees, agents, partners, promoters, directors and licensors shall not be liable to you or any third person for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Zoomty has been advised of the possibility of such damages), resulting from:

a) The use or the inability to use the service.

b)The cost of procurement of substitute services resulting from any data, information or services purchased or obtained or messages received or transactions entered into through or from the Zoomty.

c) Unauthorized access to or alteration of your transmissions or data.

d) Statements or conduct of any third party on Zoomty.

e)Any other matter relating to the Zoomty services. - notwithstanding anything to the contrary contained herein, Zoomty’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Zoomty , for the service during the latest term of membership.

Disputes

Any claim in relation to this agreement or in connection therewith shall be filed with opposite party within 12 months from the date when the claim first could be filed or cause of action arises, whichever is earlier. If there is any dispute about or involving the Site and/or its services by using the Zoomty you further agree that the laws of India will govern the disputed matter. You agree to the exclusive jurisdiction of the courts of MUMBAI, India.

Assignment

Zoomty may assign this contract to anybody with or without notice to you. You cannot assign this contract to anybody without getting prior written approval/consent of Zoomty. Any such transfer/assignment by you without getting approval of Zoomty shall be void.

Indemnity

You agree to indemnify and hold Zoomty, its subsidiaries, directors, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Zoomty Services in violation of this Agreement and/or arising from a breach of any of the terms of this Agreement and/or any breach of your representations and warranties set forth above.

Notice

Any notice required to be given under this or in connection with this Contract, may be given by email and it shall be treated as given in writing in compliance with any laws, which require such notice to be given in writing. And such notice shall be deemed to be duly received by you once it is sent to your email id updated by you from time to time. You can send any notice to Zoomty by registered post address as mentioned in CONTACT US section and it shall be deemed as received by Zoomty only after actual receipt of such notice by Zoomty.

Confidentiality

• For the purpose of this Agreement and attachments thereto and all renewals, " Confidential Information " means all financial, commercial, technical, operational, staff, management and other information, data and know-how relating to the Service of a party, which may be supplied to or may otherwise come into the possession of the other, whether orally or in writing or in any other form, and which is confidential or proprietary in nature or otherwise expressed by Zoomty or by any of its Associates to be confidential, and not generally available to the public.

• You shall keep confidential and secret and not disclose to any third party the Confidential Information nor any part of it, except to any of the Zoomty's Associates, if required and upon prior permission in writing from the Disclosing Party. You agree to take all possible precautions with regard to protecting confidential information from any third party and shall ensure that all its Associates to whom such disclosure is made will act in accordance with the terms of this Agreement as if each of them were a party to this Agreement, and if required obtain a written statement from each such employee/associate having access to such Proprietary Information undertaking to abide by the confidentiality conditions. All Proprietary Information shall be kept separate and exclusive and at the usual place of business (or residence as the case may be) of the Receiving Party.

• Further no use, reproduction, transformation or storage of the Proprietary Information shall be made by you without the prior written permission of Zoomty, except where required to be disclosed pursuant to any applicable law or legal process issued by any court or the rules of any competent regulatory body.

• The obligations of confidentiality set out in this Agreement shall continue to be in force notwithstanding termination of this Agreement for any reason whatsoever.

• All information and data submitted by your shall become the property of Zoomty. However all such information shall be kept strictly confidential and Zoomty shall not (subject to non Violation of Terms & Conditions of this contract), release any such data and information to any third party without the prior consent of the Member unless the requirement is from any Competent Authority.

• You shall have access to only you own data and information stored in the database at Zoomty (subject to prior confirmation of identity through your self-created password) and nothing more. You may edit or amend such data and information from time to time.

• All confidential information (including name, e-mail address etc.) voluntarily revealed by you, is done at your sole discretion and risk. If such information, collected by a third party is misused or results in unsolicited messages from such third parties, then such actions are beyond the use beyond the control and liability of Zoomty and Zoomty accepts no responsibility or liability whatsoever for such actions.

• All copyright and/or know-how and/or any other related intellectual property rights to the Service or Zoomty shall become and remain the sole and exclusive property of Zoomty and the Member shall have no claims to the same. In the event the Member has contributed any content to Zoomty in any manner whatsoever, all intellectual property rights to the same shall become the absolute property of Zoomty, including all intellectual property rights and the Member shall have no right or claim over the same, in any manner whatsoever. In the event that the Member during the term of his Agreement or any time thereafter, uses such intellectual property in any other website or related activity, the same shall be considered as an infringement of the intellectual property rights of Zoomty and Zoomty shall have the right to take recourse to whatever legal remedial action is required, in the given facts and circumstances, the costs and peril of which will lie at the end of the Member.

Communication

By becoming a Member of the Site / Zoomty, you agree to receive certain specific emails from Zoomty. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from Zoomty and members of Zoomty as long as you are a registered member of Zoomty. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register (NCPR). This consent extends to emails, messages or calls relating the Services you have agreed to avail under this Agreement. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the Zoomty service, contains the entire agreement between you and Zoomty regarding the use of the Site and/or the Service.

Others

• If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You are under an obligation to report any misuse or abuse of the Zoomty. If you notice any abuse or misuse of the Site or anything, which is in violation of this Agreement, you shall forthwith report such violation to Zoomty by writing to Customer Care at the address mentioned in CONTACT US link of the website.

• Any false complaint made by a Member shall make such Member liable for termination of his / her membership without any refund of the subscription fee and any Member making/indulging directly or indirectly in making false complaint against any other registered member/potential member then Zoomty shall be entitled to recover all loss, costs, expenses, damages etc which may be incurred by Zoomty due to action taken on the basis of such false information/complaint.

Acknowledgment and Acceptance of Terms and Conditions

• The terms and conditions appearing here above consists of the entire agreement between the Member (as defined above) and the Company (as defined above) and replaces all previous arrangements/schedules between the parties regarding the subject matter contained herein above. By completing the registration process and/or checking the "I have read and accept the Terms of Use" box, you are indicating your acceptance to the agreement and to be bound by all of the terms and conditions of the Company as appearing hereinabove.

• By joining Zoomty, you confirm that you have read the above provisions and agree to abide by them. Should you need any clarification in respect of Zoomty and/or its services, you may CONTACT US.