Please read these application terms of use carefully before using the websites https://zasyaonline.com, https://zasya.online or http://mybantu.in (hereinafter individually or collectively ‘Website’). These Website terms of use (hereinafter ‘Terms of Use’) together with other policies published on the Website govern your access to and the use of the Web Site, software applications including but not limited to My Bantu services(“My Bantu”), service API, tools or other services and features provided by the Company, from time to time. You are entering into these Terms of Use with Zasya Online Private Limited, a private limited company incorporated and registered under the Companies Act, 1956 having its registered office at Tower A7, Flat No 10D, No. 328, Olympia Grande Apartments, Pallavaram, Chennai, Tamil Nadu, India 600043.

The Website/Zasya.online and all related applications and services are available for your use only on the condition that you agree to the terms of use set forth below. If you do not agree to all the terms of use, do not access or use the Website/My Bantu or related applications. By accessing or using the Website/My Bantu and/or related applications, you and the entity you are authorised to represent (hereinafter ‘You’ or ‘Your’) signify your agreement to be bound by these Terms of Use.

 

1. User Eligibility

The Website/My Bantu is provided by Zasya Online Private Limited(‘the Company’) and available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If You do not qualify, You are not permitted to use the Web Site or open an account on the Web Site or My Bantu. Further, You are not allowed to use the Services on any device that You do not own or control. You acknowledge that You are fully responsible for the Internet connection and/or mobile charges that You may incur for using our Services. Please consult Your carrier, mobile operator, etc. for further information.

2. Scope Of Terms Of Use

These Terms of Use govern Your use of the Web Site, software applications, service API, tools or other services and features provided by the Company, including but not limited to My Bantu services, from time to time (collectively known as “Services”) available via the Web Site/My Bantu, except to the extent that such Services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain Services and other items provided to You via the Web Site/My Bantu (“Service Agreement(s)”). Any such Service Agreements will accompany the applicable Services or are listed in association therewith or via a hyperlink associated therewith.

3. Modifications

The Company may revise and update these Terms of Use from time to time. Any aspect of the Web Site/My Bantu may be changed, supplemented, deleted or updated without notice, at the sole discretion of the Company. Your continued usage of the Web Site/My Bantu after any changes to these Terms of Use will be deemed as acceptance of such changes. The Company may also change or impose fees for products and services provided through the Web Site/My Bantu at any time, at its sole discretion. The Company may establish or change, at any time, general practices and restrictions concerning other products and services offered by the Company, at its sole discretion.

4.     Personal Information

You guarantee that any information and other content, such as Your profile information, that You may share as a User of the Services (together “Content”), to the best of Your knowledge, is correct, not in violation of applicable law, will not corrupt or disrupt the Services, and that you have the right to share the Content with the Company to enable the Company to provide the Services and share the Content with other users.

You are aware and acknowledge and agree that the Company may collect, use, share and process personal information in accordance with the https://mybantu.in/privacy-policy/ on the Web Site. With respect to any individual whose personal information is provided by You to the Company, You represent to the Company that You have obtained all necessary consents for the processing of such personal information contemplated by the Services.

5. Grant of Rights

Except as otherwise agreed separately in writing between the Company and subject to Your compliance with these Terms of Use at all times, the Company grants You a personal, non-exclusive, non-transferable and limited right to use the Services for Your own personal, non-commercial use.

6. Support

The Company strives to provide adequate and efficient technical support, upgrades and updates for the Services. The Company shall, however, not be under any obligation to provide support or maintenance for the Services under these Terms of Use and reserves the right to limit or discontinue the support, upgrades and updates provided from time to time.

7. Licence and Ownership

Any and all intellectual property rights (“Intellectual Property”) associated with the Web Site/ My Bantu and related applications and their content (the “Content”) are the sole property of the Company, its affiliates or third parties. The Content is protected by Intellectual Property and other laws both in India and other countries. Elements of the Web Site/My Bantu are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part.

All customised graphics, icons, and other items that appear on the Web Site/My Bantu are trademarks, service marks or trade name (“Marks”) of the Company, its affiliates or other entities that have granted the Company the right and licence to use such Marks and may not be used or interfered with in any manner without the express written consent of the Company. Except as otherwise expressly authorised by these Terms of Use, You may not copy, decompile, reproduce, modify, amend, lease, loan, sell and/or reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the My Bantu software applications, upload, transmit, and/or distribute the Intellectual Property of the Web Site in any way without the Company’s prior written permission or that of an appropriate third party. Except as expressly provided herein, the Company does not grant to You any express or implied rights to the Intellectual Property of the Company or that of any third party.   

The Company hereby grants You a limited, personal, non-transferable, non-sublicensable, revocable licence to access and use only the Web Site/My Bantu, Content and Services only in the manner presented by the Company, and expressly permitted by the Company. Except for this limited license, the Company does not convey any interest in or to the My Bantu Systems, information or data available via the My Bantu Systems (the “Information”), Content, Services, Web Site or any other Company property by permitting You to access the Web Site/My Bantu.

Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, amended, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of the Company. You may not make, sell, offer for sale, modify, amend, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way unless expressly permitted to do so by the Company.

 

8. Restrictions on Use of The Services

In addition to other restrictions set forth in these Terms of Use, You agree that:

·       You shall not make any commercial use of the Services or the Content or otherwise transfer for value the Services or the Content.

  • You agree to use the Services and Content only as expressly permitted under these Terms.
  • You agree not to use the Services, Content or information to attempt to circumvent the regular operation of the Services, or reduce the fees or consideration that the Company may derive from the Services by any means including by creating multiple accounts, redirecting traffic, following other fraudulent or deceptive practices, creating a parallel repository thereof, or seeking to by-pass the Services or compete with us.
  • Scraping of any information contained in the Services, by use of automated systems or software to extract data, including any Content and any third party information accessible via the Services, is strictly prohibited.
  • You may not use the Services or the Content in any way, which is illegal, harmful, or may be considered offensive by the Company, other Users or third parties.
  • You agree not to exploit the Services or the Content in any unauthorised way whatsoever, including but not limited to, trespassing or burdening network capacity.
  • You further agree not to use our Services or Content in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and You acknowledge and agree that the Company is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using the Services.
  • Notwithstanding any other remedies available to the Company, You agree that the Company may suspend or terminate Your use of the Services without notice if You use the Services or the Content in any prohibited manner, and that such use will be deemed a material breach of these Terms.
  • You shall not disguise the origin of information transmitted through the Web Site/My Bantu.
  • You will not place false or misleading information on the Web Site/My Bantu.
  • You will not use or access any service, information, application or software available via the Web Site/My Bantu in a manner not expressly permitted by the Company.
  • You will not input or upload to the Web Site/My Bantu any information that may contain viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property rights of another.
  • You may not use or access the Web Site or the Company Systems or Services in any way that, in the Company’s judgment, adversely affects the performance or function of the Company Systems, Services or the Web Site/My Bantu or interferes with the ability of authorised parties to access the Company Systems, Services or the Web Site/My Bantu.
  • You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of the Company.

9. Content

You are solely liable for any content that You post or communicate directly in or on the Services and You agree to only post or communicate content that:

  • is true and not false or misleading;
  • is not likely to be deemed threatening, disparaging, defamatory, pornographic, racially or ethnically offensive, discriminatory, insulting, slanderous or otherwise illegal or
  • inappropriate;
  • belongs to You, or which You have a right to distribute;
  • does not constitute an infringement of the intellectual property or privacy rights of any
  • third party;
  • does not constitute information that you are not legally entitled to distribute (such as
  • insider information or confidential information);
  • does not contain any unsolicited or unauthorised advertising, promotional material, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of solicitation; and
  • does not contain software virus or any other technology that may harm the Services, or the interests or property of our Services or the other Users of the Services.
  • is accurate, fair, and is not disparaging of us, the Services or other Users.

Further, You agree to be fair, accurate and non-disparaging while reporting numbers, leaving

comments, suggestions, feedback, testimonials and reviews on or about the Services.

10. Links

A. Outbound Links. The Web Site/My Bantu may contain links to third-party web sites and resources (referred to collectively hereinafter as “Linked Sites”). These Linked Sites are provided solely as a convenience to You and not as an endorsement by the Company of the content of such Linked Sites. The Company makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any Linked Site. The Company shall not be responsible for the availability of the Linked Sites or the content or activities of such sites. If You decide to access Linked Sites, You do so at Your own risk. In addition, Your use of Linked Sites is subject to any applicable policies and terms and conditions of use, including but not limited to, the Linked Site’s privacy policy.

B. Inbound Links. Linking to any page of the Web Site through a plain text link is strictly prohibited in the absence of a separate linkage agreement with the Company. Any website or other devices that link to any of the Web Sites i.e https://zasyaonline.com, https://zasya.online or http://mybantu.in or any page available therein is prohibited from :

  • replicating Content,
    • using a browser or border environment around the Content,
    • implying in any fashion that the Company or any of its affiliates endorse it or its products, 
    • misrepresenting any state of facts, including its relationship with the Company or any of the Company’s affiliates,
    • presenting false information about the Company’s products or services, and
    • using any logo or mark of the Company or any of its affiliates, without express written permission from the Company

11. Availability of Services

The Company shall endeavour to make Services operatable at all times. However, the Company shall not be liable if the Services become in-operatable due to maintenance, technical difficulties or temporary interruptions, testing etc of third party operating systems including updates of the internet, cloud and various telecommunications services providers including those required to reflect changes in relevant laws and regulatory requirements. Events beyond the Company’s control such as the actions of government authorities, force de majeure etc. may also affect the availability of our Services.

12. Fees, Refund And Cancellation

The Company offers certain features or services for which a fee will be payable (“Paid Services”). If You purchase or subscribe to such Paid Services, You agree to pay us upfront the applicable fees (“Fees”) and taxes in accordance with the applicable third party payment and billing terms, based on the platform You are using, which are incorporated herein by reference. You will be charged the applicable fees and taxes during the subscription period. You may cancel the subscription at any time by intimating the Company as prescribed. However, no refund shall be permissible and You agree to pay these fees through the end of the applicable subscription period.

The Company has the right to change the Fees from time to time by posting the changes in or on the Services or by notifying You in advance. All fees, except as otherwise expressly provided herein or as required by applicable law, are non-refundable. Failure to pay these fees may result in suspension or termination of your Service or subscription. Depending on what platform You are using, prepaid fees for the Services may be connected to Your device as well as its phone number. Therefore, in some cases, if You change the device or its SIM-card, You cannot transfer the balance to a new device or SIM-card and no refund will be available in such cases. Any remaining balance of prepaid fees not used within twelve (12) months from the purchase will expire without any right of refund.

13. Disclaimer of Warranties

The Company makes no representations about the results to be obtained from using the Web Site/My Bantu, the Services, the information or the content. The use of same is at Your own risk. The Web Site/My Bantu, the Services, the information and the content are provided on an “As is” basis. The Company, to the fullest extent permitted by law, disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to, the implied warranties of merchantability, non-infringement of third party rights, and fitness for a particular purpose. The Company and its affiliates, make no representations or warranties concerning the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the Web Site or the Services. No information obtained by You from the Web Site/My Bantu shall create any warranty not expressly stated by the Company in these terms of use.

14. Limitation of Liability

To the extent permitted by law, in no event shall the Company, its affiliates, licensors, suppliers or any third parties mentioned at the Web Site/My Bantu be liable for any incidental, direct, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from lost data or business interruption resulting from the use of and/or inability to use the Services or information or the content whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not the Company is advised of the possibility of such damages. In particular, and without limitation, the Company shall have no liability for any information stored or processed within the Services, including the costs of recovering such information. Your only right or remedy with respect to any problems or dissatisfaction with the Services, is to uninstall the My Bantu application and cease to use the Services. The Company makes no warranty or representation, either express or implied with respect to the services, their quality, performance, merchantability, fitness for a particular purpose or non-infringement of third party rights. The Company shall not be liable for the validity, reliability or correctness of the content and information provided through and in connection with use of the Services. Any use of the content and information obtained through the use of the Services shall be at your own discretion and risk.

To the extent permitted by law, the remedies stated for You in these Terms of Use are exclusive and are limited to those expressly provided for herein.

15.Termination

You agree that the Company, at its sole discretion, may terminate or suspend Your use of the Web Site/My Bantu, the Company Systems, Information, Services and Content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Upon such suspension or termination, You must immediately:

  • discontinue Your use of the Web Site/My Bantu, and 
  • destroy any copies You may have made of any portion of the Content. Accessing the Web Site/My Bantu, the Company Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass.

Furthermore, You agree that the Company shall not be liable to You or to any third party for any termination or suspension of Your access to the Web Site, the Company Systems, Information and/or the Services. Your right to use the Services continues until these Terms are terminated. The Company may terminate the Terms and Your use of the Services at any time with thirty (30) days’ advance notice. You may terminate the Terms at any time by uninstalling the My Bantu application and ceasing the use of the Services subject to our Refund policy hereinabove. These Terms will automatically terminate if You fail to comply with them. Upon any termination, You agree to cease using the Services. Upon termination by You, or by the Company due to Your breach of these Terms, You will not be refunded any subscription fees or other prepaid fees, if any. Upon termination by the Company, without cause, You will be refunded any unused prepaid fees upon Your written request, provided a receipt of such fees and a clear payment instruction are included in Your request.

Provisions of sections Disclaimer of Warranties, Limitation of Liability, Termination, Governing Law and Jurisdiction shall survive any termination of these Terms.

16. Compliance With Applicable Law


You agree to use the Services in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company and You shall take no action which might cause the Company to be in breach of any laws, rulings or regulations applicable to the Company.You also agree to comply with the rules, regulations, terms of use/service and directions of the third party channels through which the My Bantu Application is distributed or third party payment channels.You agree and acknowledge that you have read, understood, and agree to the aforementioned terms of use/service of such third parties.

17. Governing Law and Jurisdiction

To the fullest extent permitted by law, these Terms of Use are governed by the laws of India and courts in Pune, Maharashtra will have exclusive jurisdiction.

18. General


You may not assign these Terms of Use or any of Your interests, rights or obligations under these Terms of Use. However, the Company reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.

If any provision of these Terms of Use shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any of these Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

You may preserve these Terms of Use in written form by printing them for Your records, and You waive any other requirement for these Terms of Use to be proved by means of a written document.

19. Contact

If you have any questions concerning our services or these Terms, please contact our Customer Support team by visiting the Support section of our website.