ZealLuxeLAST REVISION : 05-08-2023
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS MobileApp OR finding services FROM THIS MOBILE APP YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. This Terms of Service Agreement (the Agreement) governs your use of this Mobile App, Fixee (the MobileApp), ZealLuxe Technologies Private Limited (Business Name) offer of SERVICES for purchase on this Mobile App, or your purchase of SERVICES available on this Mobile App. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. ZealLuxe Technologies Private Limited reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Mobile App. ZealLuxe Technologies Private Limited will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Mobile App. Your use of the Mobile App following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. ZealLuxe Technologies Private Limited encourages you to review this Agreement whenever you visit the Mobile App to make sure that you understand the terms and conditions governing use of the Mobile App. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with ZealLuxe Technologies Private Limited for other SERVICES or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Mobile App.
I. SERVICES
Terms of Offer. This Mobile App offers for list certain SERVICES (the SERVICES). By placing an order for SUBSCRIPTION through this Mobile App, you agree to the terms set forth in this Agreement. Customer Solicitation: Unless you notify ZealLuxe Technologies Private Limited through CONTACT US page in the application of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations from ZealLuxe Technologies Private Limited and its designated in house or third party call team(s). Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations. 1. You may use CONTACT US PAGE to opt out from any solicitation that you may receive. 2. You may also choose to opt out, via sending your email address to: support@zealluxe.com. 3. You may send a written remove request to Plot-No 13, Thamarai Street, IOC Nagar, Vilangudi, Madurai-625018. Proprietary Rights. ZealLuxe Technologies Private Limited has proprietary rights and trade secrets in the SERVICES. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by ZealLuxe Technologies Private Limited. ZealLuxe Technologies Private Limited also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images and other information. Sales Tax: If you purchase any SERVICES, you will be responsible for paying any applicable sales tax.
II. Mobile App
Content; Intellectual Property; In addition to making SERVICES available, this Mobile App also offers information and marketing materials. This Mobile App also offers information, both directly and through indirect links to third-party Mobile Apps. To the extent that ZealLuxe Technologies Private Limited does create the content on this Mobile App, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Mobile App is for personal, noncommercial use. Any links to third-party Mobile Apps are provided solely as a convenience to you. ZealLuxe Technologies Private Limited does not endorse the contents on any such third-party Mobile Apps. ZealLuxe Technologies Private Limited is not responsible for the content of or any damage that may result from your access to or reliance on these third-party Mobile Apps. If you link to third-party Mobile Apps, you do so at your own risk. Use of Mobile App; ZealLuxe Technologies Private Limited is not responsible for any damages resulting from use of this Mobile App by anyone. You will not use the Mobile App for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Mobile App (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Mobile App by other users, (3) not resell material on the Mobile App, (4) not engage, directly or indirectly, in transmission of spam, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Mobile App License. By using this Mobile App, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Mobile App in connection with your normal, noncommercial, use of the Mobile App. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from ZealLuxe Technologies Private Limited or the applicable third party (if third party content is at issue). Posting. By posting, storing, or transmitting any content on the Mobile App, you hereby grant ZealLuxe Technologies Private Limited a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. ZealLuxe Technologies Private Limited does not have the ability to control the nature of the user-generated content offered through the Mobile App. You are solely responsible for your interactions with other users of the Mobile App and any content you post. ZealLuxe Technologies Private Limited is not liable for any damage or harm resulting from any posts by or interactions between users. ZealLuxe Technologies Private Limited reserves the right, but has no obligation, to monitor interactions between and among users of the Mobile App and to remove any content ZealLuxe Technologies Private Limited deems objectionable, in ZealLuxe Technologies's sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS Mobile App AND/OR SERVICES ARE AT YOUR SOLE RISK. THE Mobile App AND SERVICES ARE OFFERED ON AN AS IS AND AS AVAILABLE BASIS. ZealLuxe Technologies Private Limited EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SERVICES OR Mobile App CONTENT, OR ANY RELIANCE UPON OR USE OF THE Mobile App CONTENT OR SERVICES. (SERVICES INCLUDE TRIAL SERVICES.) WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ZealLuxe Technologies Private Limited MAKES NO WARRANTY: THAT THE INFORMATION PROVIDED ON THIS Mobile App IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. THAT THE LINKS TO THIRD-PARTY Mobile AppS ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS Mobile App WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THAT DEFECTS IN SERVICES WILL BE CORRECTED. REGARDING ANY SERVICES USED OR OBTAINED THROUGH THE Mobile App. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITIES
ZealLuxe Technologies Private Limited ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE Mobile App CONTENT AND SERVICES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR SERVICES USED VIA THE Mobile App. ZealLuxe Technologies Private Limited WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE Mobile App CONTENT OR SERVICES; (2) THE COST OF PROCURING SUBSTITUTE SERVICES OR CONTENT; (3) ANY SERVICES USED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE Mobile App; OR (4) ANY LOST PROFITS YOU ALLEGE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless ZealLuxe Technologies Private Limited, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Mobile App content or your use of the Mobile App content; (3) the SERVICES or your use of the SERVICES (including Trial SERVICES); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to ZealLuxe Technologies Private Limited. When ZealLuxe Technologies Private Limited is threatened with suit or sued by a third party, ZealLuxe Technologies Private Limited may seek written assurances from you concerning your promise to indemnify ZealLuxe Technologies Private Limited; your failure to provide such assurances may be considered by ZealLuxe Technologies Private Limited to be a material breach of this Agreement. ZealLuxe Technologies Private Limited will have the right to participate in any defense by you of a third-party claim related to your use of any of the Mobile App content or SERVICES, with counsel of ZealLuxe Technologies Private Limited choice at its expense. ZealLuxe Technologies Private Limited will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend ZealLuxe Technologies Private Limited against any claim, but you must receive ZealLuxe Technologies Private Limited prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Mobile App or SERVICES.
VI. PRIVACY
ZealLuxe Technologies Private Limited believes strongly in protecting user privacy and providing you with notice of Fixee's use of data. Please refer to ZealLuxe Technologies Private Limited privacy policy, incorporated by reference herein, that is posted on the Mobile App and on our website.
VII. AGREEMENT TO BE BOUND
By using this Mobile App or ordering SERVICES, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Mobile App.
VIII. GENERAL
Force Majeure. ZealLuxe Technologies Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. Cessation of Operation. ZealLuxe Technologies Private Limited may at any time, in its sole discretion and without advance notice to you, cease operation of the Mobile App and distribution of the SERVICES. Entire Agreement. This Agreement comprises the entire agreement between you and ZealLuxe Technologies Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein. Effect of Waiver. The failure of ZealLuxe Technologies Private Limited to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement 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 this Agreement remain in full force and effect. Governing Law; Jurisdiction. This Mobile App originates from the Madurai, TamilNadu. This Agreement will be governed by the laws of the State of State Government of TamilNadu without regard to its conflict of law principles to the contrary. Neither you nor ZealLuxe Technologies Private Limited will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of TamilNadu. By using this Mobile App or ordering SERVICES, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Mobile App or SERVICES or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY. Termination. ZealLuxe Technologies Private Limited reserves the right to terminate your access to the Mobile App if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Mobile App and ZealLuxe Technologies Private Limited may, in its sole discretion and without advance notice to you, cancel any outstanding orders for SERVICES. If your access to the Mobile App is terminated, ZealLuxe Technologies Private Limited reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Mobile App. This Agreement will survive indefinitely unless and until ZealLuxe Technologies Private Limited chooses, in its sole discretion and without advance to you, to terminate it. Domestic Use. ZealLuxe Technologies Private Limited makes no representation that the Mobile App or SERVICES are appropriate or available for use in locations outside India. Users who access the Mobile App from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws. Assignment. You may not assign your rights and obligations under this Agreement to anyone. ZealLuxe Technologies Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you. BY USING THIS Mobile App OR ORDERING SERVICES FROM THIS Mobile App YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
IX. REFUND
Please refer to ZealLuxe Technologies Private Limited privacy policy, incorporated by reference herein, that is posted on the Mobile App and on our website.