The Terms of Service
This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
ZEEQ APP is owned, operated and maintained by Zee Digital Convergence Limited. ZEEQ APP provides end users with various entertainment content pertaining to the popular kids channel “ZeeQ”.
PLEASE READ THE TERMS CAREFULLY BEFORE USE OF ZEEQ APP. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT BETWEEN YOU (THE END USER OF ZEEQ APP) AND ZEE DIGITAL CONVERGENCE LIMITED (“ZDCL”) (THE OWNER OF ZEEQ APP), AND GOVERN YOUR USE OF ZEEQ APP. BY CHECKING/CLICKING ON THE ‘I AGREE’ LINK AND/OR BY DOWNLOADING AND/OR INSTALLING AND/OR BROWSING OR USING ZEEQ APP, YOU ACCEPT THE TERMS. IF YOU DO NOT ACCEPT TO THE TERMS, PLEASE DO NOT BROWSE AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE ZEEQ APP.
For the purpose of these Terms, the terms "You" “Your” or "User" shall mean any person, natural or legal, who uses or browses ZEEQ APP. The term "We", "Us", "Our" shall mean ZDCL.
Certain words in this TERMS have a specific meaning and are explained below for Your easy understanding: 1. ‘Application’ means the application of ZEEQ APP owned by ZDCL to provide the Content on Devices, which is available on various platforms such as iOS, android, windows etc. 2. ‘Content’ means all text, graphics, images, games, music, software, audio, video, audio-video, information or any other materials available on ZEEQ APP. 3. ‘Devices’ means any and all internet enabled devices like smart phones, tablets, laptops, desktops, etc. which are compatible with Internet. 4. ‘ZEEQ APP’ means the ZEEQ application and any present and future means and modes to offer Content to end users. 5. ‘Internet’ shall mean the system making use of the TCP/IP software protocols known as the internet or the worldwide web whatever the communications links may be which connects the user (including by way of fixed, mobile, DSL, ISDN, UMTS WiMax or other broadband links) including any developments in such protocols or any other protocols which may be developed which give equivalent, reduced or enhanced functionality compared with such protocols.
ELIGIBILITY TO VIEW CONTENT
ZEEQ APP is not intended for children below 4 years of age. If you are below 4 years of age, please use ZEEQ APP only if YOU have the consent of YOUR parent or guardian. By downloading and/or installing and/or using ZEEQ APP, YOU represent and warrant that YOU are 4 years or older and YOU have taken consent of YOUR parent or guardian.
YOU will be solely responsible for obtaining and maintaining the Device and Internet needed in order to access and use ZEEQ APP and paying for all Internet charges in relation thereto. Internet charges will depend on Your plan subscribed from the internet service provider.
ZEEQ APP is compatible on selected operating systems and Device(s). The download procedure of the Application shall be subject to adaptable operating system of YOUR Device(s). YOU need to have a Device connected to the Internet for the download of ZEEQ APP to begin and complete and access and view Content on ZEEQ APP. ZDCL shall not be responsible in case of any fluctuation in the Internet connection speed leading to corruption of Application file download or any delayed or defective or failure of download of the Application. ZDCL shall not be liable to You for interruption, disruption, deactivation of ZEEQ APP after installation on account of any Force Majeure Event. For the purpose of these Terms, “Force Majeure Event” shall mean any event beyond the reasonable control of ZDCL including but not limited to act of God, any act or omission of government or quasi-government agencies or lock out, strike, curfew, technical errors etc. ZDCL may, at its sole discretion, make bug fixes, updates for the installed Application. In the event ZDCL has upgraded the Application or any features thereof, You will be required to update Your Device in order to make the Device compatible with such upgrades. ZDCL shall not be responsible or liable to YOU in the event You are unable to access ZEEQ APP or view the Content on ZEEQ APP due to Your failure to upgrade Your Device.
ZEEQ APP is available for viewing by You free of cost at present. However, ZDCL may, at its sole discretion, make the accessing or viewing the Content available on ZEEQ APP chargeable with certain fee as may be determined by ZDCL without prior written notice to You. In such an event, these Terms will be accordingly modified and You shall be solely responsible for checking the Terms from time to time for the modified Terms. ZDCL reserves the right to modify or discontinue ZEEQ APP at its sole discretion with or without notice to YOU. ZDCL shall not be liable to YOU or any third party in any manner, should ZDCL exercise its right to modify or discontinue ZEEQ APP. Further, ZDCL reserves the right, at any time, with or without notice and without any liability to: (i) change or reduce the number of hours of any Content; (iii) blackout any Content; and make any other changes to ZEEQ APP as ZDCL may deem necessary. YOU acknowledge and agree that the Content provided by ZDCL may be supplied by third parties and in such case availability of such Content is outside ZDCL’s control. Additionally, ZDCL shall have the right to refrain from providing to YOU any Content in the interest of national security or in the event of emergency / war or similar situation or if the Content is anti-national, promotes political / religious propaganda, is against public policy, is banned or restricted from being distributed under any applicable law, court order or regulation or ZDCL otherwise determines that it is objectionable or obscene or is derogatory to any person or class of persons, hurts the religious sentiments of any religious group or infringes the privacy rights of any individual(s) or is not in the interest of ZEEQ APP’s users or the general public.
ZEEQ APP is available in India only. ZDCL would not be held responsible for hindrances in the access and use of the ZEEQ APP due to geographical change in YOUR location. Further, YOU will be solely liable for accessing and using ZEEQ APP in the countries of YOUR use.
The Content, “ZEEQ”, “ZEEQ APP” word mark and the design mark of ZEEQ APP, as well as the names, logos, and materials displayed on or through ZEEQ APP that constitute trademarks, trade-names, service marks or logos ("Marks") are owned by or licensed to ZDCL and are subject to copyright, trademark, and other intellectual property rights under Indian laws. YOU agree not to reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit for any purposes any portion of ZEEQ APP, including, without limitation, the Content and the Marks, except as authorized by these TERMS or as otherwise authorized in writing by ZDCL. In addition, YOU are strictly prohibited from creating derivative works, or materials that otherwise are derived from or based in any way on the Content and the Marks, including montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards, and merchandise, except as authorized by these TERMS or as otherwise authorized in writing by ZDCL. You must abide by all copyright notices, information, and restrictions contained in or associated with any Content. You must not remove, alter, interfere with, or circumvent any copyright, trademark, or other proprietary notices marked on the Content or any digital rights management mechanism, device or other content protection or access control measure (including, without limitation, geo-filtering and/or encryption) associated with the Content.
a. It is hereby clarified that ZEEQ APP is provided for YOUR personal, non-commercial use only. You agree not to, either directly or through the use of any device, software, web-based service, or by other means, copy, download, archive, perform, display, upload, publish, transmit or retransmit the Content or create any work or material that is derived from or based on the Content, rent, lease, duplicate, sublicense, assign, pledge, loan, or resell Content of ZEEQ APP. YOU shall not translate, reverse engineer, decompile, disassemble, ZEEQ APP. YOU shall only use ZEEQ APP on Device that is under YOUR exclusive control and ownership. YOU shall not permit any third party to benefit from the use or functionality of ZEEQ APP, either directly or via any facility management, timesharing, service bureau or any other arrangement. All rights not expressly set forth hereunder are reserved exclusively by ZDCL.
b. You are prohibited from using technology or other means to access, index, frame, or link ZEEQ APP, in whole or in part that is not authorized by ZDCL;
c. You hereby agree not to use ZEEQ APP for promoting services of competitors of ZDCL;
d. You hereby expressly agree to use ZEEQ APP in strict compliance with applicable laws;
e. You agree, undertake and confirm that Your use of ZEEQ APP shall be strictly governed by the following binding principles:
You shall not host, display, upload, modify, publish, transmit, update or share any information that:
i. belongs to another person and to which You do not have any right to; or interferes with another user's use and enjoyment of ZEEQ APP;
ii. that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986, of another person;
iii. misleading in any way; or
iv. is patently offensive to the online community, such as content that promotes paedophilia, racism, bigotry, or physical harm of any kind against any group or individual;
v. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing or "spamming";
vi. infringes upon intellectual property rights of third party or violates rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
vii. contains restricted or password-only access pages, or hidden pages or images;
viii. provides material that exploits people in a violent or otherwise inappropriate manner or solicits personal information from anyone;
ix. provides instructional information about illegal activities such as making or buying illegal weapons or providing or creating computer viruses;
x. contains video, photographs, or images of another person without his or her express written consent and permission or the permission or the consent of his her guardian in the case of minor;
xi. engages in commercial activities and/or sales without Our prior written consent such as contests, sweepstakes, barter, advertising. Throughout these Terms, Our "prior written consent" means a communication coming from Our authorized representative, specifically in response to Your request, and specifically addressing the activity or conduct for which You seek authorization;
xii. harm minors in any way;
xiii. violates any law for the time being in force;
xiv. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting to any other nation;
f. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of ZEEQ APP or any Content, or in any way reproduce or circumvent the navigational structure or presentation of ZEEQ APP or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through ZEEQ APP. We reserve the right to bar any such activity.
g. You shall not probe, scan or test the vulnerability of ZEEQ APP website or any network connected to ZEEQ APP nor breach the security or authentication measures on ZEEQ APP or any network connected to ZEEQ APP. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to ZEEQ APP to its source.
h. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of ZEEQ APP or any systems or networks connected to ZEEQ APP.
i. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through ZEEQ APP or any service offered on or through ZEEQ APP. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
j. You shall not engage in advertising to, or solicitation of, other users of ZEEQ APP to buy or sell any products or services, including, but not limited to, services being displayed on or related to ZEEQ APP.
k. You shall not attempt to upload any post, audio, audio-video on Your own on the ZEEQ APP.
l. Your correspondence or business dealings with, or participation in promotions of, third party advertisers found on or through ZEEQ APP, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party advertiser. We 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 third party advertisers on ZEEQ APP. YOU acknowledge and agree that ZDCL is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ZDCL of such websites or resources or the content, products, or services available from such websites or resources. YOU acknowledge sole responsibility for and assume all risks arising from YOUR use of any such websites or resources.
It is possible that other users (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on ZEEQ APP and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You on the public forum due to Your use of ZEEQ APP, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses but by browsing/using ZEEQ APP, You acknowledge and agree that We shall not responsible for the use of any personal information that You publicly disclose or share with others on ZEEQ APP. Please carefully select the type of information that You publicly disclose or share with others on ZEEQ APP.
YOUR right to use ZEEQ APP shall automatically terminate if YOU violate these TERMS or any terms, rules or guidelines posted in connection with ZEEQ APP. ZDCL reserves the right, in its sole discretion, to suspend or terminate YOUR access to all or any part of ZEEQ APP, for any reason, with or without notice. You may discontinue your participation in and access to ZEEQ APP at any time. YOU hereby agree that this is presently a free platform and accordingly ZDCL shall not be liable to pay any amounts to YOU pursuant to any termination or suspension of ZEEQ APP.
ZDCL welcomes and encourages YOU to provide feedback, comments and suggestions for improvements to ZEEQ APP ("Feedback"). YOU may submit Feedback by emailing us at email@example.com. YOU acknowledge and agree that all Feedback will be the sole and exclusive property of ZDCL and YOU hereby irrevocably assign to ZDCL all of YOUR right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At ZDCL's request and expense, YOU will execute documents and take such further acts as ZDCL may reasonably request to assist ZDCL to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback. You further acknowledge and agree that ZDCL shall not be under an obligation to take any action pursuant to the Feedback provided by You. ZDCL may, at its sole discretion, decide whether any action is required to be taken based on the Feedback received from You. You hereby expressly agree to indemnify and keep ZDCL harmless against any liabilities that may suffered or incurred by ZDCL as a consequence of any action taken by ZDCL pursuant to Your Feedback.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW OF INDIA, ZEEQ APP IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING PROVISIONS, YOU ASSUME SOLE RISK AND RESPONSIBILITY FOR SELECTING ZEEQ APP TO ACHIEVE YOUR INTENDED RESULTS, AND SOLE RESPONSIBILITY FOR THE DOWNLOAD, INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM ZEEQ APP. WITHOUT LIMITING THE FOREGOING PROVISIONS, ZDCL MAKES NO WARRANTY THAT ZEEQ APP WILL BE ERROR-FREE, VIRUS FREE, OR FREE FROM INTERRUPTIONS OR OTHER FAILURES OR THAT ZEEQ APP WILL SATISFY YOUR SPECIFIC REQUIREMENTS OR THAT THE ERRORS WILL BE RECTIFIED. YOU UNDERSTAND THAT ZEEQ APP CAN BE BLOCKED OR MADE INOPERABLE. ZDCL ASSUMES NO RESPONSIBILITY IF ZEEQ APP IS BLOCKED OR OTHERWISE UNABLE TO INTEROPERATE. ZEEQ APP IS NOT FAULT-TOLERANT AND IS NOT DESIGNED OR INTENDED FOR USE IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING WITHOUT LIMITATION, IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, WEAPONS SYSTEMS, DIRECT LIFE-SUPPORT MACHINES, OR ANY OTHER APPLICATION IN WHICH THE FAILURE OF ZEEQ APP COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR PROPERTY DAMAGE (COLLECTIVELY, "HIGH RISK ACTIVITIES"). ZDCL EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES.
YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS ZDCL, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, EXPENSES, FEES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) THAT SUCH PARTY/PARTIES MAY INCUR AS A RESULT OF OR ARISING FROM (A) ANY INFORMATION (INCLUDING, WITHOUT LIMITATION, FEEDBACK, OR ANY OTHER CONTENT) YOU SUBMIT, POST, OR TRANSMIT ON OR THROUGH ZEEQ APP; (B) YOUR USE OF ZEEQ APP; (C) YOUR VIOLATION OF THESE TERMS; OR (D) YOUR VIOLATION OF ANY RIGHTS OF ANY OTHER PERSON OR ENTITY, INCLUDING, WITHOUT LIMITATION, ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET OR OTHER PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY. ZDCL RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH ZDCL IN ASSERTING ANY AVAILABLE DEFENSES.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, SHALL ZDCL BE LIABLE TO YOU OR TO ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, REMOTE OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY INCLUDING A DUTY OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE (WHETHER ACTIVE OR PASSIVE), AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OR INABILITY TO USE ZEEQ APP, LOSS OF DATA OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE, AND GROSS NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY BY ZDCL, AND EVEN IF ZDCL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
ZDCL is a company based in India. ZDCL’s goal is to bring to YOU as much Content as is legally available. That said, ZDCL is limited by the rights that ZDCL’s content licensors grant to ZDCL. Using technologies to access the Content from territories where ZDCL does not have rights or does not offer services is prohibited. By accessing/using ZEEQ APP, YOU hereby acknowledge that ZDCL is not responsible or liable in any manner to comply with any local laws of YOUR territory except India with respect to ZEEQ APP and Content available on ZEEQ APP. Further, YOU hereby agree that by usage of ZEEQ APP, YOU undertake the responsibility and liability with respect to viewing the Content of ZEEQ APP in YOUR territory.
The relationship between ZDCL and You is on a principal-to-principal basis. You are in no way ZDCL’s legal representative, partner or agent for any reason whatsoever.
YOU agree to comply fully with all Indian export laws and regulations to ensure that ZEEQ APP are not exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.
YOU agree that ZEEQ APP, including, but not limited to, the object code components, provided to YOU is "Confidential Information" of ZDCL. YOU shall retain all Confidential Information in strict confidence at least with the same amount of diligence that YOU exercise in preserving the secrecy of YOUR most-valuable information, but in no event less than reasonable diligence.
These TERMS are personal to YOU and YOU shall not assign, transfer, sub-contract or otherwise part with these TERMS or any right or obligation under it without ZDCL's prior written consent. Any attempt by YOU to assign or transfer these TERMS, without such written consent, will be null and of no effect. ZDCL may assign or transfer these TERMS to any third party, at its sole discretion, without restriction. Subject to the foregoing, these TERMS will bind and inure to the benefit of the parties, their successors, personal representatives and permitted assigns.
If any provision of these TERMS is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
The failure of ZDCL to enforce or to exercise at any time or for any period any term of or any right pursuant to these Terms shall not be construed as a waiver of any such right and shall in no way affect ZDCL’s right later to enforce or exercise it.
When You use ZEEQ APP or send any data, information or communication to ZDCL, You agree and understand that You are communicating with ZDCL through electronic records and You consent to receive communications via electronic records from ZDCL periodically and as and when required. ZDCL will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with ZDCL which will be deemed adequate service of notice / electronic record.
Any notices or other communications required will be in writing and given by ZDCL on firstname.lastname@example.org. The date of receipt will be deemed the date on which such notice is transmitted.
In the event you have any complaints with respect to any Content on the ZEEQ APP, please write to us at email@example.com, with details of the objectionable content and your details including your name and mobile number and such other details as may be requested by Us. Based on the complaint raised, we will take reasonable measures to resolve the issue. You hereby expressly agree that ZDCL shall under no circumstance shall be liable to You for any damages whatsoever. Further, You hereby expressly agree that ZDCL makes no representations under these Terms that any complaint raised by You will be resolved to Your satisfaction. All steps to be taken by ZDCL in this regard shall be at the sole discretion of ZDCL.
LAW & DISPUTES
These TERMS and all matters arising from it are governed by and construed in accordance with the laws of India and courts of Mumbai, India shall have exclusive jurisdiction over all disputes arising in connection with these TERMS.
ENTIRE AGREEMENT AND AMENDMENT
ZDCL reserves the right, at its sole discretion, to modify the TERMS from time to time (“Updated Terms”). The Updated Terms shall be effective immediately and shall supersede the existing Terms. YOU are responsible for reviewing any Updated Terms before using ZEEQ APP. By continuing to use ZEEQ APP after the Updated Terms have been posted, YOU affirm YOUR agreement to the Updated Terms.
You have any questions about these Terms, please contact ZDCL at Manvi Sehgal e-mail address firstname.lastname@example.org