Terms & Conditions

Registration

You are permitting us to create a software account with the e-mail id provided in the order form and you agree to :

• Change the password immediately after creation and maintain the security of your password.
• Maintain and promptly update the Registration Data, and any other information you provide to Zybra and to keep it accurate, current and complete.
• Accept all risks of unauthorized access to the Registration Data and any other information you provide to us.
• All communications from Zybra will be sent to the registered email id only

Payments

You represent and warrant that:

• You will pay the charges incurred by you at the agreed upon prices, including any applicable taxes on creation of account based on your subscription form
• Honour the cheque given to us at the time of signing the software subscription agreement.

Subscriptions

• Zybra reserves the right to change the subscription prices once in 3 years
• Your software purchased will be active for a period of one year only. After which you will have to renew the subscription to continue access.

Limited License; Permitted Uses

You are granted a non-exclusive, non-transferable, revocable license.

• To access and use the Software strictly in accordance with this Agreement
• The services we provide through the Site are for your own use only. You may not resell, lease or provide them in any other way to anyone else.

Restrictions and Prohibitions on Use

Your license for access and use of the Site and any information, materials or documents (collectively defined as “Content and Materials”) therein are subject to the following restrictions and prohibitions on use: You may not:

• copy, print (except for the express limited purpose mentioned in this agreement), republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from
• Use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism. Terms of the Software Subscription
• Create compilations or derivative works of any Content and Materials from the Site.
• Use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties.
• Remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site.
• Make any portion of the Site available through the Internet or any other technology existing now or developed in the future.
• Remove, decompile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture.
• Use any automatic or manual process to harvest information from the Site.
• Use the Site for the purpose of gathering information for or transmitting.
  a) Unsolicited commercial email/ sms
  b) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing.
  c) Unsolicited telephone calls or facsimile transmissions.
  d) Use the Site in a manner that violates any state or national law regulating email, facsimile transmissions or telephone solicitations.
  e) Export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of the export control laws or regulations of India.

Linking to the Site

You may provide links to the Site, provided

• That you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site.
• Your site does not engage in illegal or pornographic activities.
• You discontinue providing links to the Site immediately upon request by us.

Errors, Corrections and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time without notice. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Third Party Applications

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

Unlawful Activity

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

Indemnification

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.

Nontransferable

Your right to use the Site is not transferable or assignable. Any password or right given to you to obtain information or documents is not transferable or assignable.

Disclaimer

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS,PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT IS DISCLAIMED.

Limitation of Liability

1. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
2. Any errors in or omissions from the Site or any services or products obtainable there from
   2. The unavailability or interruption of the Site or any features thereof
   3. Your use of the Site.
   4. The content contained on the Site.
   5. Any delay or failure in performance beyond the control of a Covered Party.
3. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED Rs. 1,000/- AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

Use of Information

You acknowledge that you are responsible for whatever material you submit, and you, not us, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on any Merchant sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

Statements on Site

The Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

Links to other Web Sites

The Site may contain links to other Web sites. We are not responsible for the content, accuracy or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk. How we use and collect your information

In order to provide our full range of services, we may collect the following types of information:

1. Information you provide– When you sign up for a Zybra Account or other Zybra service or promotion that requires registration, we ask you for personal information (such as your name, email address and an account password).
2. Cookies – When you visit Zybra, we send one or more cookies – a small file containing a string of characters – to your computer that uniquely identifies your browser. We use cookies primarily for user authentication but may also use them to improve the quality of our service by storing user preferences and tracking user trends.
3. Log information– When you access Zybra services, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
4. User communications – When you send email or other communications to Zybra, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. the information for
   1. Auditing, research and analysis in order to maintain, protect and improve our services.
   2. Aggregating usage patterns, trends and other statistics.
   3. Developing new services.
   4. Zybra may also use data about customers for marketing purposes. For example, the Company may use information you provide to contact you to further discuss your interest in Zybra, the Service, and to send you information regarding the Company and its partners, such as information about promotions or events.

Please note that your Customer Data (see section below) is not used for any of the above purposes. Zybra processes information on our servers in India, Denmark and/or in the United States of America.

Customer Data

Zybra Customers use the Service to host data and information (“Customer Data”). Zybra will not review, share, distribute, or reference any such Customer Data except as provided in the Terms of Service, or as may be required by law. Individual records of Customer Data may be viewed or accessed only for the purpose of resolving a problem, support issues, or suspected violation of the Terms of Service, or as may be required by law. Customers are responsible for maintaining the security and confidentiality of their Zybra user ids and passwords.

Data integrity

Zybra processes personal information only for the purposes for which it was collected and in accordance with this Privacy Policy. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.

Information sharing

Zybra only shares personal information with other companies or individuals outside of Zybra in the following limited circumstances:

1. We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures.
2. We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to
   1. satisfy any applicable law, regulation, legal process or enforceable governmental request,
   2. enforce applicable Terms of Service, including investigation of potential violations thereof,
   3. detect, prevent, or otherwise address fraud, security or technical issues, or
   4. protect against imminent harm to the rights, property or safety of Zybra, its users or the public as required or permitted by law.

If Zybra becomes involved in a merger, acquisition, or any form of sale of some or all of its assets, we will provide notice before personal information is transferred and becomes subject to a different privacy policy.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the Content and Materials provided therein.

Miscellaneous

This Agreement shall be treated as though it were executed and performed in Ahmedabad, India and shall be governed by and construed in accordance with the laws of the Union of India. All actions shall be subject to the limitations set forth in this agreement. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.