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TERMS OF USE
PLEASE READ THESE TERMS OF USE, CAREFULLY. BY USING THIS PORTAL YOU INDICATE YOUR UNDERSTANDING AND ACCEPTANCE OF THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE THIS PORTAL.
“Company”; “ZoomVenues”; “us”; “we”; “our” shall mean ZOOMVENUES FZC-LLC , a limited liability company registered under the laws of UAE having its registered office at 36A Floor: 01 Building: In5 Tech Dubai, United Arab Emirates.
“Customers” shall mean Customers that visit and access the Portal in order to subscribe to the Company’s Services for using the Venues.
“Fees” shall mean the consideration to be paid by the Customers to the Company for availing the Services and Venues provided by the Venue/ Service Providers through the Portal.
“Portal” shall mean www.ZoomVenues.com and ZoomVenues mobile application, owned, operated and managed by us.
“Services” shall mean and include Services of enlisting and making available under one platform various Venue providers and service providers for availing shared workspaces; banquet halls or services like floral services, catering services etc.
“Service Providers” shall mean the various service providers listed on the Portal to provide services including floral services, catering services, photography services, event management services etcetera.
“Subscribe” shall mean subscribing to the Portal.
“Users” “You” or “Your” or “Yourself” refers to the Venue Providers, Service Providers and Customers who accept the terms and conditions to avail the Services. “Venue” shall mean the specific venues listed on the Portal and which are available for hire by the Customers.
“Venue Provider” shall mean the Venue Providers enrolled with us for providing the Venues along with additional facilities thereon to Customers.
INTRODUCTION
Welcome to our Portal, http://zoomvenues.com/ (“Portal”). This Portal is owned and operated by Company. If You continue to browse and use this Portal, You are agreeing to comply with and be bound by these terms and conditions (“Terms of Use”), which together with our privacy policy (“Privacy Policy”) govern Company’s relationship with You. In case You actually avail the Services and book a Venue you shall have to complete the registration process and additional conditions shall be applicable to You.
1. SCOPE OF SERVICES:
The Portal is an online platform which allows the Venue Providers and Service Providers to enlist their Venues/ services and their Customers to book these Venues/ services as per their requirements. (“Services”).
Access and use of the Portal are subject to these Terms of Use and ZoomVenues’s Privacy Policy. ZoomVenues may discontinue or revise any or all other aspects of the Services at its sole discretion. You shall be able to review all the Services available on the Portal, but to avail the Services You need to register to the Portal and accept additional terms and conditions as specified on the registration page. For availing Services, Users have to register on the Portal. Registration can be done through Facebook, Google Plus or email. In case You login through Facebook, Google Plus or any other such Portal, You authorise the Portal to obtain and verify Your credentials with such Portals. You agree that any registration information provided by You will always be accurate, correct and complete. If You use the Services, You shall be responsible for maintaining the confidentiality of Your account and password and You agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Portal.
2. REGISTRATION, PASSWORD:
To avail the Services, you must complete the registration on the ‘Sign Up’ page and agree to the additional terms and conditions contained therein or by visiting us in person. You will be required to register and create an account with a User ID and a password (collectively “Account”). You agree that any registration information provided by you will always be accurate, correct and complete.
You shall be responsible for maintaining the confidentiality of your Account and you agree to accept responsibility for all activities that occur under your Account and in relation to the Services. We also reserve the right to refuse registration of or cancel Accounts which we deem inappropriate. The Account gives you an access to the Services and functionalities that we may establish and maintain from time to time and in our sole discretion.
You must immediately notify us of any breach of security or unauthorized use of your Account. We shall not be liable for any losses caused by any unauthorized use of your Account.
3. PROHIBITED CONDUCT: :
You agree not to engage in any of the following activities:
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Violating laws and rights:
You shall not (a) use the Portal for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
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Solicitation:
You shall not use the Portal for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
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Disruption:
You shall not use the Portal in any manner that could disable, overburden, damage, or impair the Portal, or interfere with any other party’s use and enjoyment of the Portal; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Portal, or violating any regulation, policy, or procedure of any network, equipment, or server.
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Harming others:
You shall not share or transmit contents or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. -
Impersonation or unauthorized access:
You shall not impersonate another person or entity, or misrepresent your affiliation with a person or User, while using the Portal.
You shall not use or attempt to use another’s account or personal information; and, you shall not attempt to gain unauthorized access to the Portal, or the computer systems or networks connected to the Portal, through hacking password mining or any other means.
4.CONTENT AVAILABLE:
You acknowledge that ZoomVenues does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is shared by Customers, Venue Providers, Service Providers or any other content provider (collectively, the “Content”) which You may have access to as part of the Services, or through Your use of this Portal. Under no circumstances, ZoomVenues is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Portal. You understand that by using this Portal. Videos, photos which are provided by Venue Providers and Service Providers may or may not be checked by ZoomVenues.
5.LINKS TO THIRD PARTY SITES:
This Portal may contain links to other Portals owned and operated by third parties who are not related to the Portal (“Linked Portals”). The Linked Portals are not under the control of Portal and ZoomVenues is not responsible for the content of any Linked Portals or any hyperlink contained in a Linked Portal and makes no representation or warranty with respect to the content of any such third party sites.
We provide these links to You as convenience only and the inclusion of any link does not imply any endorsement of the Linked Portal by ZoomVenues. Your link to any such Linked Portal is entirely at Your own risk. ZoomVenues is not a party to any transaction between You and a Linked Portal. Your use of a Linked Portal is subject to the terms and conditions of that site.
The Portal may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by Poiof the relevant advertiser, its products or services. ZoomVenues accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
6.ANCILLIARY SERIVCES :
You may get access to message boards, chat rooms, forums, blogs, e-mail and other features (“Ancillary Services”) that are offered from time to time on the Portal and may be operated by us or by a third party on our behalf. ZoomVenues shall not be responsible for any copyright infringement for the blogs written by the Users on the Portal. You shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. You shall not use the message boards, chat rooms, e-mail to express Your concerns or differences with a specific member.
7.DEALINGS WITH ORGANISATIONS AND INDIVIDUALS:
You acknowledge and agree that the Portal shall not be liable for Your interactions with any other Users on the Portal. This includes, but is not limited to, payment and Services, if any, and any other terms, conditions, warranties or representations associated with any interaction You may have with other Users. These dealings are solely between You and such other Users. You agree and acknowledge that ZoomVenues shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between Users on the Portal, or between Users and any third party, You understand and agree that ZoomVenues is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more other Users, You hereby release ZoomVenues, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Portal.
8.CHANGE IN TERMS :
ZoomVenues reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services and the Portal (or any part thereof) with or without notice. Further, ZoomVenues reserves the right to change these Terms of Use at any time and to notify You by posting an updated version of the Terms of Use on this Portal. You are responsible for regularly reviewing the Terms of Use. Continued use of the Portal after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating the Portal or any Content available through the Portal, is to stop visiting and using the Portal.
9.DISCLAIMER OF WARRANTIES :
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PORTAL (WITH OR WITHOUT REGISTRATION), AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PORTAL AND THE SERVICES THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW ZOOMVENUES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PORTAL, VENUES, THE SERVICES AND YOUR USE THEREOF. ZOOMVENUESMAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE VENUES, SERVICES OR THE PORTAL'S CONTENT OR THE DETAILS AND CONTENT SHARED BY THE CUSTOMERS OR THE CONTENT OF ANY THIRD PARTY PORTALS LINKED TO THE PORTAL AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PORTAL AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PORTAL, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PORTAL BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORTAL OR THE SERVICE. ZOOMVENUES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY VENUE, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PORTAL OR ANY HYPERLINKED PORTAL OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZOOMVENUES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER MEMBERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
10.LIMITATION OF LIABILITY :
IN NO EVENT SHALL ZOOMVENUES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZOOMVENUES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OR VIEWING OF THE PORTAL (WITH OR WITHOUT REGISTRATION) OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE PORTAL (OR THE SERVICE, FROM INABILITY TO USE OR VIEW THE PORTAL OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PORTAL OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PORTAL OR THE SERVICES OR ANY LINKS ON THE PORTAL, WITH OR WITHOUT REGISTRATION, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PORTAL OR THE SERVICES OR ANY LINKS ON THE PORTAL. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ZOOMVENUES SHALL NOT BE LIABLE FOR VENUE DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
11.INDEMNIFICATION :
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) Your violation of any rights of any other person in connection with the usage of the Services or the Portal, (iii) infringement of any third party intellectual property rights, (iv) any breach of this Terms of Use, (v) any breach of applicable law.
12.ANTI-SPAM POLICY :
You certify that You will use the Services in accordance with these Terms of Use. You are forbidden to transmit unsolicited commercial email (spam) by using the Services. Additionally, You are required to reconfirm (permission pass) or stop mailing an existing list when it is determined to be in violation of our anti-spam policy. Repeated violations or failures to comply with this anti-spam policy will result in termination of Your access to the Services. You agree and acknowledge that, we shall not be held liable for any claim that may arise due to Your violation of this anti-spam policy.
13.PRIVACY POLICY :
ZoomVenues is committed to responsibly handling the information and data we collect through the Portal in compliance with our Privacy Policy. The data provided by the Users shall be kept with the administrator of the Portal and shall not be shared.
14.COPYRIGHT COMPLAINTS :
ZoomVenues respects copyright, and we prohibit the Users from submitting, uploading, posting, or otherwise transmitting any Content or details on the Portal that violates another person’s proprietary rights.
15.TRADEMARK:
ZoomVenues is the owned trademark of the Company and You agree not to use or apply the same without obtaining prior written consent of the Company.
16.TERMINATION :
If You wish to terminate this Agreement, You may immediately stop accessing the Portal. You understand that in such an event, the ZoomVenues shall not be liable to refund any Fees paid by You. Your right to access and use the Portal terminates automatically upon Your material breach of any of the terms of these Terms of Use.
All obligations on You that are intended to survive by the context thereof including without limitation the disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions will survive any termination.
17.MISCELLANEOUS TERMS:
Choice of Law and Jurisdiction: These Terms of Use are governed by and construed according to the laws of United Arab Emirates, the acceptance of the Terms of Use shall be deemed to have been given at Dubai and the courts in Dubai will have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.
Force Majeure: Without limiting the foregoing, under no circumstances shall the Portal is held liable for any damage or loss due to deficiency in performance of Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Venue Provider or the Portal.
No waiver: ZoomVenues’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use will not be construed as a waiver of any provision or right.
Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and ZoomVenues as a result of these Terms of Use or from Your use of the Portal or the Services. The Venue Providers and Service Providers shall not be treated as Our agents and Your dealing with them shall be on a direct and independent basis except the facilitation available on the Portal.
Entire Agreement: These Terms of Use, Privacy Policy and the respective agreements and terms, constitute the entire agreement between You and ZoomVenues relating to this subject matter and supersede any and all prior communications and/or agreements between You and ZoomVenues relating to this subject matter.
“I Accept”