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Terms and Conditions - Zealocity

By accessing the Website or using the services of Zealocity you are bound by this Agreement and the terms contained herein. This Agreement governs your access and use of this Website and applies to all visitors, users and others who access the Website (“Users”). If you do not agree with the terms contained in this Agreement in its totality or any part thereof, then you are not permitted to use this Website or avail Zealocity’s services. Zealocity will not be liable for any consequences arising from your unauthorized use. We may revise these terms of use at any time by amending this page and the terms hereof. The revised terms of use shall be posted on the Website and you are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
Zealocity has created this Website to provide Users, the Services which includes, guidance on how to improve their fitness and how to integrate fitness into their individual lifestyles and to provide the Users access to healthy and nutritious food products. While our workout and nutrition recommendations consider several factors specific to each individual, including anthropometric data, fitness goals and lifestyle factors, we are not a medical organization, and our recommended workout plans and specific exercises should not be misconstrued as medical advice, prescriptions, or diagnoses.


1. ACCESS

  • 1.1. Access to the Services is permitted on a temporary basis, and we reserve the right to withdraw or alter or amend the Services (or any features within the Services) that we offer, by notifying the same on our Website from time to time without prior notice to you. We will not be liable, if for any reason our Website or the Services (or any features within the Services) are unavailable at any time or for any period.
  • 1.2. Zealocity grants you with permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any part of the Services in any medium or in any manner whatsoever without Zealocity’s explicit authorisation in this regard;
    (ii) you will not alter or modify any part of the Services other than as may be reasonably necessary to use the Services for its intended purpose; and
    (iii) you will otherwise comply with the terms and conditions of this Agreement.

 

2. GRANT OF LICENSE

Subject to this Agreement, Zealocity grants you a non-transferable, non-exclusive, non-sublicensable limited right and license for you to access and use the Services solely for the purpose permitted, including but not limited to storing or otherwise using or sharing your documents, files, schedules, minutes or other data.

 

3. PRIVACY AND YOUR PERSONAL INFORMATION

For information about Zealocity’s data protection practices, please read Zealocity’s privacy policy.

 

4. RESTRICTION ON USE OF SERVICES

You are not permitted to and shall not do any of the following acts, the breach of which shall entitle Zealocity to terminate your use of the Services, without prejudice to any other rights or remedies we may have against you:

  • 4.1. Distribute, sell, supply, modify, adapt, amend, incorporate, merge or otherwise alter the Services and all content provided to you as part of the Services;
  • 4.2. Attempt to decompile, reverse engineer or otherwise disassemble any Service or content provided to you as part of the Services on the Website.
  • 4.3. Attempt to copy any software provided to you as part of the Services on the Website in particular its source code, or attempt to decrypt any part of such software that is provided to you;
  • 4.4. Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in the Services;
  • 4.5. Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
  • 4.6. Use any of Zealocity’s domain name as a pseudonymous return email address;
  • 4.7. Access or attempt to access any content that you are not authorized to access by any means;
  • 4.8. Disrupt or interfere with the security of, or otherwise cause harm to the Website materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Website or any affiliated linked sites.

 

5. RIGHTS RESERVED BY ZEALOCITY

  • 5.1. We have the right to disclose your identity to any third party who validly claims and provides evidence that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy.
  • 5.2. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
  • 5.3. We have the right to immediately terminate your access or usage rights and remove non-compliant information or material, in case of non-compliance with these terms and conditions, this Agreement or the Privacy Policy.
  • 5.4. We have the right to investigate and prosecute violations of these terms and conditions to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate these terms and conditions.
  • 5.5. We reserve the right to introduce or change the prices of all Services upon 30 (thirty) days’ notice from us. Such notice may be provided at any time by posting the changes to the terms and conditions of use or the Services on the Website.
  • 5.6. Zealocity shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Services.

 

6. BREACH OF CONTENT STANDARDS

When we consider that a breach of the content standards (as stated above) has occurred, we may at our discretion take such action as we deem appropriate. Failure to comply constitutes a material breach of the terms of use on which you are permitted to use the Service, and we may take any action legally available including all or any of the following actions:

  • 6.1. Immediate, temporary or permanent withdrawal of your right to use the Services and simultaneous termination/suspension of your account on the Website
  • 6.2. Issue of a warning to you;
  • 6.3. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
  • 6.4. Further legal action against you; or
  • 6.5. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

 

7. CONTENT

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. You agree that you are solely and exclusively responsible for any and all content that you create, transmit or display while using the Services, and you are solely and exclusively liable for the consequence of your actions (including any loss or damage which Zealocity may suffer). Zealocity exercises no control over the content posted on the Website using the Services. Your use of the content accessed or displayed using the Services is entirely at your own risk.

 

8. CANCELLATION AND REFUND

The Services maybe cancelled by notifying any officer of Zealocity about the reasons for such cancellation within 2 days of paying for the services. Such cancellations are permitted only before commencement of services. Once the Services commence you are not eligible for cancellation and refund.

 

9. DISCLAIMERS

  • 9.1 Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website or of vendors, 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 or vendor. You agree that, save as set out herein, Zealocity 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 the vendors on the Website.
  • 9.2 The Services may provide, or third parties may provide, links to other web sites or resources. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources.

 

10. BILLING AND PAYMENT

Certain aspects of the Services may be provided for a fee or other charges. If you elect to use paid aspects of the Services, you agree to the terms of sale, pricing, payment and billing policies applicable to such fees and charges. Zealocity may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Further,

  • 10.1 It is your responsibility to promptly provide Zealocity with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Zealocity does not validate all credit card information required by the Customer’s payment provider to secure payment.
  • 10.2 You must notify Zealocity about any billing problems or discrepancies within 30 (thirty) days after charges first appear on their account statement. If it is not brought to Zealocity’s attention within 30 (thirty) days, You agree to waive your right to dispute such problems or discrepancies.

 

11. INDEMNITY AND LIMITATION OF LIABILITY

  • 11.1 You agree to defend, indemnify and hold harmless Zealocity, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service and Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service and Website.
  • 11.1.1 The material displayed on our Website is provided without any guarantees, conditions or warranties as to its accuracy, conditions, warranties and other terms, which might otherwise be implied by statute, common law or the law of equity ;
  • 11.1.2 Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services or the Website or in connection with the use, inability to use, or results of the use of the Services or the Website, any websites linked to it and any materials posted on it, including, without limitation any liability for:
    11.1.2.1 loss of income or revenue;
    11.1.2.2 loss of business;
    11.1.2.3 loss of profits or contracts;
    11.1.2.4 loss of anticipated savings;
    11.1.2.5 loss of data;
    11.1.2.6 loss of goodwill;
    11.1.2.7 wasted management or office time; and
    11.1.2.8 for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.
  • 11.3 Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of availing the paid Services offered by us.

12 OWNERSHIP OF INTELLECTUAL PROPERTY INCLUDING TRADEMARKS/SERVICE MARKS

All rights, titles and interests in usage of the terms Zealocity.com, Zealocity including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.

13 GOVERNING LAW

The jurisdictional court of Hyderabad, Telangana shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Website or the Services, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. The laws of India govern this Agreement and these terms and conditions of use of the Services.
Further, Zealocity accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the mere fact that Website can be accessed or used or any facility can be availed of in a country other than India will not imply that we accede to the laws of such country.