SCOPE

By accessing and using this site, you accept the following Terms and Conditions of Use (“TOU”), without limitation or qualification.

While this Privacy Policy applies to all our Services, we also have provided certain specific privacy supplements that contain additional information about our practices in connection with particular Services. These supplements apply to your use of the Services they cover. Additional consent will be obtained for certain data processing activities.

Zycus reserves the right to update the TOU at any time without notice to you. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located on the Zycus Website pages.

These Terms and Conditions of Use (the “Terms of Use”) apply to the Zycus web site located at www.zycus.com, and all associated sites linked to www.zycus.com by Zycus, its subsidiaries and affiliates (collectively, the “Website”). The Website is the property of Zycus Infotech Private Limited (“Zycus”). BY USING THE Website, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE WEBSITE.

ACCEPTANCE OF TERMS

Your access and use of the Zycus Website is subject to and governed by these Terms of Use, also referred to as “TOU”, including any additional or different disclaimers, legal notices, agreements, or terms and conditions that may apply to Your use of or access Website, Zycus Materials, or User Content. If there is a conflict between the terms in this TOU and any additional legal terms, the additional legal terms shall control. This TOU forms a legally binding agreement between You and Zycus. Please note that this TOU does not govern the use of any cloud solutions provided by Zycus and for which You are required to enter into a separate agreement and use of any data provided by you to Zycus shall be governed by our Privacy Policy .

CONTENT

Throughout this Website, Zycus provides you with access to a variety of resources, which may include upload and download areas, communication forums and information, and limited Zycus services as described below (collectively "Website Services"). The Website Services, including any updates, enhancements, new features, and/or the addition of any new web properties, are subject to these TOU.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Zycus, and is protected by trade mark, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

INTELLECTUAL PROPERTY RIGHTS

Except as expressly provided in these Terms of Use, no part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Zycus’s express prior written consent.

You may use information on Zycus products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by Zycus for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) not make any additional representations or warranties relating to such documents.

The pages and content on this website are subject to protection under applicable copyright and trademark laws, and all copyright information, trademarks and logos must remain intact. Zycus grants you a non-exclusive, limited permission to access and display the pages on this Website as a current or potential customer, vendor, or partner of Zycus, or for non-commercial research purposes, provided you comply with these Terms of Use. All other use of this Website is prohibited.

Your failure to comply with such terms or any of the terms on this website will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control. You may not use, reproduce, or distribute any of the copyrighted material, trademarks, logos, graphics, sounds, videos, images, or other proprietary content on this website without the express written permission of Zycus.

DISCLAIMERS

ZYCUS DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. ZYCUS CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. ZYCUS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZYCUS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST ZYCUS FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

INDEMNITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ZYCUS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THIS WEBSITE OR ANY USE OF THIS WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THIS WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ZYCUS IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

You agree to indemnify and hold Zycus, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Zycus by any third party due to or arising out of or in connection with your use of the Website.

RESTRICTION ON USE

Zycus may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Zycus’s rights or property, or the rights or property of visitors to or users of the Website, including Zycus’s customers. Zycus reserves the right at all times to disclose any information that Zycus deems necessary to comply with any applicable law, regulation, legal process or governmental request. Zycus also may disclose your information when Zycus determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that Zycus may preserve any transmittal or communication by you with Zycus through the Website or any service offered on or through the Website, and may also disclose such data if required to do so by law or Zycus determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Zycus, its employees, users of or visitors to the Website, and the public.

You agree that Zycus may, in its sole discretion and without prior notice, terminate your access to the Website and/or block your future access to the Website if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Website. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Zycus, for which monetary damages would be inadequate, and you consent to Zycus obtaining any injunctive or equitable relief that Zycus deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Zycus may have at law or in equity.

You agree that Zycus may, in its sole discretion and without prior notice, terminate your access to the Website, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Website or any service offered on or through the Website, or (4) unexpected technical issues or problems.

If Zycus does take any legal action against you as a result of your violation of these Terms of Use, Zycus will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Zycus. You agree that Zycus will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Website, including all disputes, will be governed by the laws of India without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue of the courts in Mumbai, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Zycus and you arising out of or in connection with your use of the Website, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

Copyright © 2019 Zycus Inc. All Rights Reserved.

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