Please read this document carefully. Sharar Technologies LLP, through Zyadaincome.com (hereinafter referred to as ‘we’ or ‘us’) offers an online platform bringing together income seekers and income providers facilitating match making between the two, based on their unique profile and needs through its website www.zyadaincome.com and / or mobile application or through any other electronic or manual mode. By visiting, registering or using the services of Zyadaincome.com in any manner, you accept the following Terms and Conditions, which forms a binding agreement between you and us. If you do not wish to be bound by this Terms and Conditions, do not use Zyadaincome.com
BY USING THE SERVICE, AND/OR BY REGISTERING WITH US, YOU SIGNIFY THAT YOU AGREE TO THESE TERMS OF SERVICE, including that you agree to transact with us electronically, that you consent to the information practices, disclosures and terms of our Privacy Policy, and that you consent to resolve any dispute within the Jurisdiction of New Delhi, India, that you may have with us, our suppliers, or the Site. Please note that we offer the Site "AS IS" and without any kind of warranties.
The Site contains a range of information and tools regarding profiles of individuals, companies and other business entities. There are articles, tools, images, and other content (Content) we have written or commissioned through our writers and content providers. Content submitted by users is not reviewed or verified by us. We accept advertising on the Site, but endeavour not to use our Site for any illegitimate or unlawful purposes. Everything we offer on the Site is referred to in these Terms of Service collectively as "the Services." To actively use the services or store your information, you must register as a member.
Kindly note that you must be 18 year old to use Zyadaincome.com
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Zyadaincome.com grants you a limited, non – exclusive license to access and use the services provided by us. This includes the right to upload, view and modify content in your account which has been uploaded on the website. The license is personal and cannot be assigned, transferred or sublicensed to anyone else.
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You should register yourself to fully use the services of Zyadaincome.com
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This agreement begins on the date you first use and register at Zyadaincome.com and continues as long as your account is active with us
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You may opt out of services at any time. However any information given prior will be subject to our Privacy Policy.
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We may block, remove, delete or disable your account for any reason whatsoever and more so if it appears that you have violated any provisions of this agreement, the content uploaded is obscene, outrages public sensibility, is against the integrity of the nation or violates any intellectual property or any person or entity, is alleged to be subject to plagiarism, or that your conduct may damage the reputation of Zyadaincome.com or its owners. The website will block your account if it is mandated by any claim of the third party or court orders. If we block or delete your account on such charges, you may not be able to re-register and we shall not be liable for any loss of your content or other information. We may also suspend the account if any of the personal information so provided is found to be incorrect. You will be given a chance to rectify the same, failing which your account will be deleted, without assigning any reason at your own cost and consequences.
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Zyadaincome.com has laid down the following content restrictions and you shall not upload, post or transmit any text, image or other work (collectively known as ‘content’) that
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Is construed to be blasphemous, defamatory, obscene, pornographic, hateful or racial undertone, or otherwise unlawful in any manner
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Encourages and promotes fraudulent schemes and practices
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Is of nature of Ponzi schemes
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Extreme violence and promoting animal cruelty
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Inciting religious intolerance
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Promoting hatred
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Contains malware or any other software which may be harmful to our functions and / or damaging to other users of the Zyadaincome.com
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Violates any law
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Use in any illegal manner or for creation or distribution of illegal content
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Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
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Transmitting material that encourages conduct that constitutes a criminal offense, results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
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Gaining unauthorized access to other computer systems.
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Interfering with any other person's use or enjoyment of the Website.
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Breaching any applicable laws;
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Interfering or disrupting networks or web sites connected to the Website
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Representation and Warranties: For all the personal information disclosed by you, you represent and warrant that (i) you have the right to submit the information (ii) the information so provided is true and correct and does not mislead
CHANGES TO THESE TERMS OF SERVICE
These Terms of Service govern your relationship with us and our suppliers. We may change these Terms of Service from time to time, as we deem appropriate. Any significant changes that we believe will have a material impact on your use of the Site and Services, we will let you know by sending you an email if we have a current email address for you, and by noting on the Site that the Terms of Service have been updated. If you disagree with the changes to these Terms of Service, discontinue your use of the Site, or if you have registered as a member, cancel your registration. We recommend that you print or copy any information you have stored through the Services prior to cancelling. Your ongoing use of any Service or of the Site after the changes take effect signifies your agreement to the new terms. We encourage you to review the Terms of Service regularly.
REGISTRATION
In order to register, you will provide some basic information to us about yourself, such as your first name, last name, date of birth, email address and other details. During registration you will provide an e-mail address and / or your mobile number.
LINKS TO OTHER SITES
The Site may contain links to websites owned or operated by third-parties, including Vendors' websites, that are not affiliated with, established or supervised by us. We do not endorse, sponsor or otherwise make any express or implied warranty or guarantee the websites linked to or from the Site or the accuracy, completeness or appropriateness of any information appearing on such linked websites, and we are not responsible in any way for any advice, content, information, practices, products or services related or made available through such linked websites. Similarly, we are not responsible for any advice on or verbal referral of a third-party website or company by any of our representative. It is up to the user to discern any pertinent information regarding any third party company’s products, services and practices and contact the third party company directly.
LIMITATION ON USE OF AUTOMATED TOOLS
You will not use any robot, spider, scraper or other automated means to access the Site or Services for any purpose without our express written permission, except that you may use Standard for Robot Exclusion (SRE) -compliant robots ("robots") provided that when connecting to the Site, prior to downloading or indexing any pages on the Site, such robots will immediately visit. You understand that the robots.txt file is the only means by which robots are authorized to access the Site. You agree not to violate any of the robot access policies and acknowledge that any violation of the policies may result in termination of your access to the Site, deactivation or deletion of your registration and all related information and files you have stored, and preclusion of any further access to such files or the Site.
NO SPAM
You may not use contact information provided by our users, or harvest information about our users, for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications such as SPAM or SPIM. You may not allow others to use your account to violate the terms of this section. We may terminate your membership or access to the Site immediately and take other legal action if you or anyone using your credentials violates these provisions.
You may submit feedback to us at contact@zyadaincome.com. We welcome your feedback regarding our Site and Services. You agree that we may use in any manner and without limitation all comments, suggestions, complaints and other feedback you provide relating to the Site or Services, and that we will own all intellectual property that we create based upon or incorporating your feedback.
OWNERSHIP OF THE COMPANY’S SOFTWARE AND OTHER DATA
The Company’s Software Application(s) made by the Company, including translations, compilations, partial copies, modifications, and updates are the property of the Company. The Company Software Application(s), algorithm and other data and information of the Company are confidential and proprietary information of the Company and you agree not to provide or to otherwise make available in any form the Company’s Software Application(s) or any portion thereof to any person without our prior written consent.
You acknowledge and agree that ownership of and title in and to all intellectual property rights, including patent, trademark, service mark, copyright, and trade secret rights, in the company software application(s) and the site are and shall remain with us. You acquire only the right to use the customer software application(s) and site under this Agreement and do not acquire any ownership rights or title in or to the company software application(s) or any copy thereof, including without limitation in or to any copyright or other proprietary rights in the software application(s), either express or implied, or in the Site.
All the data other than the data uploaded by you is and shall be our property. The Company shall have the right to use the data for derivative analysis. You consent to the transfer of the data or content to and within India or other countries for processing and storage of the same by the Company. The Company and its vendors may use the information to authenticate the credentials of the Users.
LOSS OF CONTENT; SECURITY
The Company utilizes industry standard reliability and security measures in an attempt to protect and preserve the User data, however, due to the relative insecurity of any information which is transmitted over the internet (and over wireless networks or intranets in connection with transmission to or from the internet), stored on servers which are accessible via the internet and other means, it is impossible to guarantee complete security.
Additionally, if the Company’s servers or the servers of third party providers fail or become corrupt, the Company may lose and be unable to retrieve data user has submitted via the Company Software Application. Additionally, if User Account is closed for any reason, content will be lost and/or inaccessible, will no longer display without any liability on us. Therefore, User consents to maintain copies of all content submitted by User for its own protection.
The website has been created to function across a wide variety of mobile devices, browsers and software configurations. However, the Company cannot guarantee that they will function on all such platforms, and may function only partially or differently on some than on others. In addition, when hardware manufacturers or software companies’ make changes to their devices or software, as applicable, this can affect the functionality and appearance of the website.
CONTINUITY OF THE SERVICES
The Company shall make all reasonable endeavour to ensure that the company software application(s) and the site and the Services are available 24X7, however, the Company shall not be responsible for temporary shutdown of the web based portals for reasons including, Maintenance Support: The Company may from time to time shutdown the web application and mobile applications for maintenance purpose, Shutdown due to server maintenance or hacking or virus in the web portals, use of spider, robots, scaper or other automated means to access the site or Services which cause damage to the Site or Software which leads to disruption of Services, Any extraneous reason which is not within the control of the Company. For reasons including the above reasons, the User may not be able to access the site temporarily. It is advisable that the User takes back up of the data from time to time so as to ensure that data is available to the User even during the shutdown period. The Company shall not be liable or responsible for lack of access of the data and report during the shutdown period.
ADVERTISING
We accept advertising that complies with our policy. Please keep in mind that any dealings that you have with advertisers found on the Site are between you and the advertiser and you acknowledge and agree that neither we nor our suppliers are liable for any loss or claim you may have against an advertiser.
INTERNATIONAL USE
Accessing the Site and Services from territories where the content is illegal is prohibited. If you choose to access the Site and Services from a location outside India, you do so, on your own initiative and you are responsible for compliance with local laws.
Disclaimer of Warranties
In no event will we be liable for any loss or damage including without limitation, indirect or direct consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELIANCE ON THE CONTENT IS AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, WE, THE COMPANY, ITS AFFILIATES, LICENSORS, AND SUPPLIERS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SITE, THE SOFTWARE, THE CONTENT, OR THE USER INFORMATION OR YOUR USE OF ANY OF THE FOREGOING. THE SITE, THE SOFTWARE, THE CONTENT, THE USER INFORMATION AND THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS, AND WE, THE COMPANY, ITS AFFILIATES,LICENSORS, AND SUPPLIERS SPECIFICALLY DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY AND WARRANTIES OF NON-INFRINGEMENT. WE AND OUR SUPPLIERS DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SERVICES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. WE DO NOT GUARANTEE THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON SERVICES RENDERED. NO ORAL OR WRITTEN INFORMATION GIVEN BY US OR OUR REPRESENTATIVE SHALL CREATE A WARRANTY.
SHARAR TECHNOLOGIES LLP THROUGH ZYADAINCOME.COM HEREBY DISCLAIMS ANY LIABILITY TO YOU, OR ANY OTHER PARTY FOR ANY DAMAGES OR INJURY THAT MAY RESULT FROM THE USE OF OR INABILITY TO USE YOUR PERSONAL HEALTH PORTFOLIO, INCLUDING BUT NOT LIMITED TO ANY DAMAGES OR INJURY CAUSED BY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION SERVICE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF SUCH INFORMATION UNDER ANY LEGAL THEORY OR CAUSE OF ACTION. NEITHER WE NOR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO THOSE ARISING OUT OF THE USE OF THE SERVICE OR INABILITY TO GAIN ACCESS TO OR USE THE ACCOUNT CREATED AT THE WEBSITE.
Limitation on Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR SUPPLIERS IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR, OUR PARENTS AND OUR SUPPLIERS CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICES EXCEED ONE MONTH FEE PAID BY THE USER, ON A PRO RATA BASIS. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF SOME INDIAN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
TERMINATION
We may terminate and/or suspend your registration immediately, without notice, if there has been a violation of these Terms of Service or other policies and terms posted on the Services by someone using your Credentials. We may also cancel or suspend your registration for any other reason, including inactivity for an extended period, but will attempt to notify you in advance of such cancellation or suspension or due to closure of the Company’s business for any reason whatsoever. Your right to use the Services will end once your registration is cancelled or terminated, and any data you have stored on such a Service may be unavailable later, unless we are required to retain it by law. You may terminate your registration at any time by emailing us at contact@zyadaincome.com We recommend that transfer your data or other information stored on the Site prior to terminating your registration.
INDEMNIFICATION
You agree to defend, indemnify, and hold harmless us, our employees, contractors, officers, directors, agents, parent, other affiliated companies, and suppliers, from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the Site and the Services. We reserve the right to assume control of the defence of any third party claim that is subject to indemnification by you, in which event you will cooperate with us in asserting any available defences.
ELECTRONIC CONTRACTING AND NOTICES
Your affirmative act of using this Site and/or registering for the Site or Services constitutes your electronic signature to these Terms of Service and your consent to enter into agreements with us electronically. You also agree that we may send to you in electronic form any privacy or other notices, disclosures, reports, documents, communications or other records regarding the Services (collectively, Notices). We can send you electronic Notices
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to the e-mail address that you provided to us during registration, or
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by posting the Notice on the applicable Service or otherwise through the Site. The delivery of any Notice from us is effective when sent by us, regardless of whether you read the Notice when you receive it or whether you actually receive the delivery. You can retrieve an electronic copy and a printable version of this contract by clicking on the Terms of Service link on any web page that hosts any of the Services. All contracts completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed writing.
ENTIRE AGREEMENT
This contract and any supplemental terms, policies, rules and guidelines posted on the Site and the Services constitute the entire agreement between you and us and supersede all previous written or oral agreements. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
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Every dispute, difference, or question which may at any time arise between the parties hereto or any person claiming under them, touching or arising out of or in respect of this agreement or the subject matter thereof shall be first referred to a mutually agreed arbitrator and the decision of the arbitrator shall be final and binding on the parties.
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You agree that the law of Republic of India governs this contract and any claim or dispute that you may have against us or our suppliers, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us or our suppliers will be resolved within the territorial jurisdiction of Hon'ble Delhi High Court at Delhi, India. YOU IRREVOCABLY CONSENT TO THE EXCLUSIVE JURISDICTION OF HON'BLE DELHI COURTS, OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US RELATING TO OR ARISING OUT OF THE SITE, THE SERVICE OR THE AGREEMENT
ASSIGNMENT
The Company is entitled to transfer its rights and/or obligations to any third party without User’s prior written consent. However, User shall not be entitled to transfer User rights and obligations under this Agreement without the prior written consent of the Company. However, should User allow or permit any other person to access any software or information to which the User is given rights under this Agreement, whether intentionally or involuntarily through the User action or inaction, such third party shall also be subject to the terms hereof and shall be bound hereby the same as if they were “User” hereunder and User and the third party shall be jointly and severally liable hereunder for their breaches (provided that this shall not mean or imply that assignments or sublicenses hereunder are permissible or that such third parties my enjoy the license and rights granted to Customer hereunder). Nothing herein shall be construed as creating any agency, partnership, or other form of joint enterprise between the Parties. The User agrees to ensure that the User and his nominated users will also act in compliance with the provision of this section.