ZYCUS.COM - TERMS OF USE

 

Please Read the Following "Terms of Use" Carefully.

 

ACCEPTANCE OF TERMS OF USE

BY ACCESSING, VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OF ZYCUS.COM OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE ("AGREEMENT") AND THAT YOU ACCEPT AND WILL BE BOUND BY THIS AGREEMENT.

PARTIES TO THIS AGREEMENT

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Users," are parties to this agreement. If you are accessing and/or using Zycus.com on behalf of your employer or as a consultant or agent of a third party (collectively your company), you represent and warrant that you have the authority to act on behalf of and bind your company to the terms of use and everywhere in this Terms of use that refers to You or Your, shall also include Your Company.

You must be 18 years old to visit this website and this website is not intended for minors and is not subject to ONLINE PRIVACY PROTECTION ACT (COPPA)
OF 1998.

Zycus together with its subsidiaries are the creator of this website Zycus.com and accordingly its owners and/or operators are parties to this agreement, herein referred to as "Zycus.com."

MODIFICATION OF TERMS OF USE

Zycus.com reserves the right to modify any provision hereof from time to time, and such modification shall be effective immediately upon its posting on Zycus.com. You agree to be bound to any changes to this “terms of use” if you continue to use this website after any such modification is posted. Users of Zycus.com have an affirmative duty, to keep themselves informed of changes.

ZYCUS.COM PRIVACY POLICY

For information about Zycus data protection practices, please read Zycus privacy policy. This policy explains how Zycus.com treats your personal/confidential information, and protects your privacy when you visit and/or use Zycus.com. You agree to the use of your data in accordance with these Terms of use and Zycus’ privacy policy.

OWNERSHIP OF ZYCUS.COM CONTENT

The contents of the Zycus.com are completely owned by Zycus. The users shall not presume to have any rights whatsoever to the contents of Zycus.com. The users must seek written approval of Zycus.com for using the contents of Zycus.com for any other purpose. The users without written consent of Zycus.com, should not do any hyperlinking to Zycus.com including but not limited to co-branding, "framing" and referencing site whether by visible linking or invisible keyword placement.
User agrees that any content provided as a result of any communication between User and Zycus.com shall be deemed to be a submission. All content of the submission, shall become the exclusive property of Zycus.com and may be used, without further permission, for commercial use without additional consideration of any kind.

USERS FURTHER AGREE NOT TO USE ZYCUS.COM OR ANY PART THEREOF TO

  • "Stalk" or harm any other User or any other person in any way;
  • Impersonate any person or entity, including, but not limited to, Zycus officer, director, or representative, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
  • Falsify headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;
  • Disrupt the normal flow of dialogue in a forum;
  • Interfere with or disrupt the Web Site or servers or networks connected to the Web Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web Site;
  • "Hack," infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Web Site;
  • Harvest, collect or store information about the Users of this Web Site or the User Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site;
  • Use any automated procedure to gather information or data on or from the Web Site by means of what is commonly called a "bot" or otherwise;
  • Violate any local, state, federal, national, or international laws, rules or regulations; or send unsolicited commercial email or "spam" to any person and will comply with, the federal CAN SPAM Act of 2003.
  • Breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Web Site or that of any third party that is hosting or interfacing with any part of the Web Site, or use or distribute on the Web Site software or other tools or devices designed to compromise privacy or security; or
  • Create any frames at any other Web sites pertaining to or using any of the information provided through the Web Site, or promote bonus items, giveaways, random drawings, contests or prizes on the Web Site.

COPYRIGHT AND TRADEMARK NOTICE

Copyright

Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use contents of this Zycus.com to infringe the Intellectual Property Rights of Zycus and its Zycus.com in any way. You must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Zycus Software, third party software, or any Content accessed on the Zycus.com. All contents of the Zycus.com Web Site fall under: Copyright 2015 Zycus Infotech Pvt. Ltd. and/or its subsidiaries; all rights reserved.

Trademarks

Zycus logo and other trademarks of Zycus including Zycus spend data management, Autoclass, iContract and iSource are registered trademarks of Zycus. All other brand or product names may be trademarks or registered trademarks of their respective companies or organizations in the United States and/or other countries.

Data Protection

Zycus.com has appropriate technical and organizational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorized disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected. Zycus.com has adequate and effective safeguards utilizing security technologies and techniques in accordance with the best industry practices relating to the prevention and detection of inappropriate use or access of software, hardware, systems. Zycus.com implements and/or uses network management and maintenance applications and tools and appropriate intrusion detection, identity management, and encryption technologies.

Dealings with Third Parties

During the use of Zycus.com, you may enter into correspondence with, any third party selling its goods and services. Any such activity, and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable third-party. Zycus.com and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. Zycus.com does not endorse any sites on the Internet that are linked through the Service.

Disclosure of User Information

User consents and agrees that Zycus.com may access, preserve, and disclose User's registration and any other information if required to do so by law or in good faith and belief that such access preservation or disclosure is reasonably necessary in our opinion to:

  • Comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;

  • Enforce this User Agreement;

  • Respond to claims of violation of the rights of third parties, whether or not the third party is a User, individual, or government agency;

  • Respond to customer service inquiries; or

  • Protect the rights, property, or personal safety of Zycus.com Users or the public.

Indemnity

User agrees to hold harmless and indemnify Zycus.com, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, without limitation, from and against any claims arising from or in any way related to the use of Zycus.com by the users, uploading user information, violation of any third Party rights pertaining to any intellectual property rights or confidential information, violation of these Terms of Use or any other actions connected with use of Zycus.com Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Zycus.com will provide you with written notice of such claim, suit or action. The users waives all rights to claim damages that may have been caused to them by visiting and/or using this Zycus.com.

DISCLAIMER

PERTAINING TO THE CONTENTS OF ZYCUS.COM, ZYCUS MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESSED OR IMPLIED, AS TO ITS ACCURACY, ADEQUACY, SUFFICIENCY, OR FREEDOM FROM DEFECT OF ANY KIND. USERS ASSUME ALL THE RISK OF VIEWING, READING, USING, OR RELYING UPON THIS INFORMATION. UNLESS YOU HAVE OTHERWISE FORMED AN EXPRESS CONTRACT TO THE CONTRARY WITH ZYCUS, YOU HAVE NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. ZYCUS.COM MAKES NO SUCH WARRANTY. USER DOWNLOADS INFORMATION FROM THIS SITE AT THEIR OWN RISK. ZYCUS.COM MAKES NO WARRANTY THAT DOWNLOADS ARE FREE OF CORRUPTING COMPUTER CODES, INCLUDING, BUT NOT LIMITED TO, VIRUSES AND WORMS. ANY MATERIAL UPLOADED OR OTHERWISE DEMONSTRATED THROUGH ZYCUS.COM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS ARISING OUT OF UPLOADING ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ZYCUS.COM OR THROUGH OR FROM ZYCUS.COM SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. NOTHING IN THE TERMS OF USE SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO THIRD PARTY BENEFICIARIES.

LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT ZYCUS.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ZYCUS.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OR THE INABILITY TO USE ZYCUS.COM, AND/OR ITS SERVICE;

  • PROCUREMENT OF GOODS AND SERVICES, INFORMATION OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE AND/OR ITS SERVICE;

  • ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;

  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR

  • ANY OTHER MATTER RELATING TO THE WEBSITE AND/OR SERVICE.

GENERAL INFORMATION

  • Termination/access restriction. Zycus.com reserves the right, in its sole discretion, to terminate your access to Zycus.com and the related services or any portion thereof at any time, without prior notice.
  • Entire Agreement. The Terms of Use and the Privacy Policy referenced herein constitute the entire agreement between You and Zycus.com and govern your visit and/or use of Zycus.com and the services, superseding any prior agreements or any other agreements, terms and conditions between You and Zycus.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Zycus.com services, affiliate services, third-party content or third-party software.
  • Choice of Law and Forum. The Terms of Use and the relationship between You and Zycus.com shall be governed by the laws of India without regard to its conflict of law and provisions. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action shall be deemed to be barred. Users of the Zycus.com agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to the Zycus.com, its terms of use and privacy policy. Arbitration shall be conducted pursuant to the rules and regulations of Indian Arbitration and conciliation Act 1996. Arbitration shall take place in English language and the seat of arbitration shall be at Mumbai, India. The users to the Zycus.com hereby agree and submit themselves to the Arbitration and to the jurisdiction of the courts of Mumbai, India for enforcing the arbitration award. Pursuant to the acceptance of arbitration, in no case shall the user, viewer, visitor, member, subscriber or customer have the right to go to the court and such rights will thereby stand waived by the users.
  • Waiver and Severability of Terms. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Any rights not expressly granted herein are reserved.

 

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Copyright © 2012 – 2015, Zycus Infotech Pvt. Ltd. and/or its subsidiaries. All rights reserved.