Ziki

Last updated: December 12,2024

ACCEPTANCE OF TERMS

The Terms of Use (“Terms”) govern the use of facilities and services made available on Ziki (“Ziki”). The Terms also include our Privacy Policy and Cookie Policy and forms an integral part of these Terms.

The Terms constitute a binding and enforceable legal contract between First Livingspaces Private Limited (formerly known as TCG Livingspaces Private Limited) (“Company”), having its registered office at Bengal Intelligent Park, Building.-Delta, 2nd Floor, Block EP&GP, Sector V, Salt Lake Electronics Complex, Kolkata 700091, West Bengal, India (“Company”, “we”, “us” or “our”) and you, a user of Ziki (“you”, “your” or “user”).

By accessing or using Ziki, you acknowledge that you have read, understood these Terms. You represent and warrant that you have full legal capacity and authority to agree to be bound by these Terms, as amended from time to time and that you will comply with the obligations listed here. If you do not consent to abide by these Terms or adhere to the obligations set forth herein, we respectfully ask that you refrain from accessing or utilizing Ziki.

If you are accepting these Terms in your individual capacity or on behalf of any registered association/ society, you confirm that you are a major, competent to enter into a contract and possess the requisite authority to accept the Terms.

SERVICES

Ziki offers a variety of services through third-party service professionals, from which the User may select and avail one or more services, depending on their needs and the Terms outlined herein.
We operate solely as a technology platform facilitating the connection between user and independent third-party service professionals for various services. Our role is limited to providing Ziki, which allows you to book and access various services offered by these independent service professionals. These service professionals are entirely responsible for the quality, execution, and delivery of the services they provide through Ziki. We do not employ these service professionals, nor do they function as agents, contractors, or partners of us or our affiliates. They do not possess any authority to represent, bind, or act on behalf of us or our affiliates in any capacity.
Ziki is for personal and non-commercial purpose only.
The services offered are clearly defined on Ziki, including the types of tasks performed, areas covered, and any additional services included. Specific exclusions or limitations of the service package are disclosed, and users are advised to review these details prior to booking.
Any disputes or issues arising from the services provided are strictly between you and service professional. We disclaim all liability for any direct, indirect, incidental, consequential, or special damages or losses resulting from the use of, or inability to use, the services offered by service professional, including but not limited to, personal injury, property damage, or any other type of damage.
By using Ziki, you acknowledge and agree that we are not responsible for, and will not be held liable for, the actions, omissions, or services of the service professional or any other third-party entities.

ACCOUNT CREATION AND CONDITIONS TO USE ZIKI

To use Ziki, you will be required to create an account. For this account, you may be required to furnish certain details and documents, including but not limited to your phone number, name, valid government issued identification number, operational/current address, permanent address and any other demographic or psychographic details. While registering, if you provide false, inaccurate, outdated or incomplete information, or if there are reasonable grounds to suspect the accuracy or completeness of the information provided, we reserve the right to suspend or terminate your account and deny current or future use of Ziki (or any features/parts thereof) at our discretion.
To create an account, you must be eligible to enter a legally binding contract under the Indian Contract Act, 1872. The Company shall verify the account by requesting for the one-time password from the user.
The user agrees and undertakes that each mobile number shall be associated with only one account, ensuring that each account is linked to a unique number. If you have been previously registered, you are required to login/ sign into your account using the credentials provided to you during the registration process.
If an administrative account is created by the association/ society of the designated premises, the user agrees to cooperate with the completion of any additional verification process required. To access the account, the authorised personnel shall be provided with unique login credentials. We explicitly declare that the Company bears no liability for the usage or sharing of information/data by association/society. The association/ society are solely responsible for all activities conducted on administrative account.
You warrant that all information furnished in connection with your account is and shall remain accurate and true. You agree to promptly update your details on Ziki in the event of any change to or modification of this information.
You are solely responsible for maintaining the security and confidentiality of your own account and agree to immediately notify us of any disclosure or unauthorised use of your account or any other breach of security with respect to your account.
You are liable and accountable for all activities that take place through your account, including activities performed by persons other than you. We shall not be held liable for any unauthorised access to your account.
You agree that Ziki may enable you to control the access of entry into the apartment complex/gated society/associations through invitation or by letting in non-residents, such as service providers who provide daily services (maids, drivers, cooks, etc.), as well as visitors, including (without limitation) family, friends, and delivery personnel. You agree that every entry given to service providers, guests and visitors on the premises is either resident initiated and is authorised by you or authorised by personnel of appointed security agency or any other agency or vendor or individual as appointed by the apartment complex/gated society/associations on the premises and the Company shall have no liability in this regard. Therefore, the Company shall not be liable for any entry into the apartment complex/gated enclave.
In relation to security personnel, maids, cooks, drivers, and any other individuals employed by the apartment complex/ gated society/ associations, you agree that it shall not be the responsibility of the Company to perform background checks or provide any advice relating to their hiring/firing. The sole responsibility for conducting background checks, as well as for any occurrences of theft or related incidents, shall rest with the apartment complex/ gated society/ associations and not with the Company. Additionally, the hiring/firing of such security personnel and/or any third-party service providers shall be at the sole risk of the apartment complex/ gated society/ associations.
You agree to receive communications from us regarding (i) requests for payments, (ii) information about us and Ziki, (iii) promotional offers from us and our third-party partners, and (iv) any other matter in relation to Ziki.
You agree to be responsible for any discriminatory conduct toward service professionals and for any failure, whether intentional or not, to ensure a safe, clean, and appropriate environment for them to perform their duties. Additionally, you must provide Ziki and the service professional with all pertinent information that could affect the service professional’s ability to deliver the services or impact their health, safety or well-being.
For any workout, fitness, or holistic wellness sessions, you must verify that you are physically and medically capable of participating. It is your duty to be aware of your own physical and medical limits and to engage in sessions within those boundaries. You recognize that participating in these sessions carries inherent risks that cannot be entirely mitigated, even with safety measures in place. By joining the sessions, you accept all such risks and release us , our affiliates, and any associated third parties from any liability related to these risks. We and our affiliates, and associated third parties disclaim all responsibility and offer no warranties, either expressed or implied, concerning the sessions. All memberships or individual sessions you purchase or book are final and cannot be transferred or refunded.
For any appliance repair and maintenance service, you should ensure that you provide timely access to the appliance and relevant information necessary for the service professional to perform repairs or maintenance. You must also offer accurate and complete details about the issue and cooperate fully with the service professional, including following any post-repair instructions. After the service is completed, you should inspect the work and report any concerns within forty hours (48) hour. Non-compliance with these terms may result in additional charges and voided warranties.
By availing any pet care services, you shall ensure that you remain present with your pet throughout the entire grooming process. This presence is crucial for addressing any immediate concerns, providing reassurance to your pet, and facilitating smooth communication between you and our team. Additionally, you must communicate any special medical issues or other concerns regarding your pet to our service professional. Based on this information, our service professional may assess the situation and decide to cancel the grooming service if your pet’s medical condition prevents safe grooming. Your cooperation in both being present and providing detailed information is essential for ensuring your pet’s comfort, well-being, and the best possible care during their grooming experience.
By using our on-demand ambulance service, you acknowledge and agree that Ziki has partnered with Medulance, a platform connecting you with third-party ambulance transportation providers. The provision of ambulance services is facilitated through Medulance, and by accessing or using these services, you agree to comply with the terms of use and any other policies, terms, or guidelines as may be released by Medulance on its website or application or any other form from time to time. You understand and agree that we do not directly provide ambulance services but serve solely as an intermediary to connect you with the appropriate third-party service providers. As such, we are not liable for the actual provision of ambulance services, and all matters relating to the delivery, quality, or safety of such services are the responsibility of the third-party service provider.

DISCOUNTS AND COUPONS

Eligibility: Discounts and coupons offered on Ziki are subject to specific eligibility criteria, which may vary for each promotional offer. You are encouraged to review the terms of each offer before applying.
Coupon Codes: To avail the discounts, you must enter the applicable coupon code at the checkout stage. Coupon codes may have expiration dates and are valid only for the duration specified in the promotional material.
Validity: All discounts and coupons are valid for limited time only and may be subject to certain conditions, such as minimum purchase amounts or product category restrictions. Discounts cannot be combined with any other offers unless explicitly stated.
Change in Terms: We reserve rights to modify, extend or terminate any discount or coupon offer at our sole discretion, without prior notice. Customers will be notified of any significant changes through the website or via email.
Non-transferable: Discounts and coupons are non-transferable and may only be used by the individual to whom they were issued. Unauthorized use or duplication of discounts or coupons is strictly prohibited.
Fraudulent Activity: Any suspected fraudulent activity related to the use of discounts or coupons may result in disqualification from the offer and/or cancellation of orders.
Customer Support: For any queries related to discounts, coupons or promotional offers Customers may contact our customer support team.

USER CONTENT

Ziki may contain interactive features or services or through any third party associated with Ziki, that allow users who have created an account with us to post, upload, publish, display, transmit, or submit comments, reviews, interact within communities, suggestions, feedback, ideas, or other content on or through Ziki (“User Content”).
As part of the effective provision of the services and quality control purposes, we may request reviews from you about service professionals and you agree and acknowledge that service professionals may provide reviews about you to us. You must not knowingly provide false, inaccurate, or misleading information. Reviews will be used by us for quality control purposes and to determine whether customers and service professionals are appropriate users of Ziki. If we determine at our sole discretion that you are not an appropriate user, we reserve the right to cancel your registration and remove your access from Ziki.
You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, and royalty-free licence to (i) copy, use, publish, display, store, host, transfer, process, communicate, distribute, make available, modify, adapt, translate, and create derivative works of, the User Content, for the functioning of, and in connection with, the services provided under these Terms and (ii) use User Content for the limited purposes of advertising and promoting the services, or furnishing evidence before a court or authority of competent jurisdiction under applicable laws. You agree that, notwithstanding the provisions of Section 30A of the (Indian) Copyright Act, 1957, such license shall not lapse, nor the rights transferred therein revert to you, even if we do not exercise the rights under the license within a period of one year from the date of license. You hereby waive any right to and shall not raise any objection or claims to such licenses.
You agree and acknowledge that the Company may, without notice to you, remove, or otherwise restrict access to User Content that, in its sole discretion, violates these Terms and the Company will not be liable or responsible for the same.
The Company shall not be responsible for the accuracy, quality, integrity, legality, reliability, appropriateness and intellectual property rights of and/or in relation to the User Content.
the user also hereby irrevocably and unequivocally authorizes the Company to utilize User Content and any other information provided by you for the purposes including those set out below:

disclose such information to its directors, officers, employees, advisors, auditors, counsel, its authorized representatives, business partners or its service providers, on a need-to-know basis for provision of the services through Ziki;
contacting a Third-Party Service provider and/ or facilitating/ enabling the services of a Third-Party Service provider for the user pursuant to the arrangement between the Company and such Third-Party Service provider;
conducting internal studies, consumer research, surveys and preparing reports in connection with Ziki.

CONSENT TO USE DATA

You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.
In addition to any consent that you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or other Third-Party Service providers. We may use information and data pertaining to your use of Ziki for provision of the services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of Ziki, and provision of beneficial schemes, new offers, for experience enhancement and any other specific purposes in accordance with the terms of the Privacy Policy.
Subject to applicable laws, we may be directed by law enforcement agencies or the Government and related bodies to disclose data in relation to you in connection with criminal or civil proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.
In the course of providing services, we reserve the right to migrate data as necessary. It is hereby acknowledged and agreed that such migration may occur without the need for explicit consent, or as necessary, in accordance with the Privacy Policy, Cookie Policy, these Terms and applicable laws.

THIRD PARTY SERVICES

Ziki may include services, content, documents, and information owned by, licensed to, or otherwise made available by, a third party (“Third-Party Services”) and contain links to Third-Party Services. You agree and acknowledge that the Company is a marketplace intermediary that, among other services, connects you with Third-Party Service providers. You understand and acknowledge that Third-Party Services are the sole responsibility of the third party that created or provided it and that use of such Third-Party Services is solely at your own risk and the Company shall not be liable or responsible for any such Third Party Services. Nothing contained herein shall constitute or be deemed to constitute an agency or partnership or association of persons for and on behalf of the Company or any Third-Party Service provider. The arrangement specified in this clause is strictly executed on principal to principal basis and each concerned person shall be bound for their distinct responsibilities, rights, liabilities and obligations in accordance with the relevant bilateral agreement between such persons.
You hereby consent to share your information, in whole or part with the third party service provider(s), without any intimation to you for the purpose of provision of services sought by you and/or other related/connected subjects. We make no representations and exclude all warranties and liabilities arising out of or pertaining to such Third-Party Services, including their accuracy or completeness. Should you avail a Third-Party Service, you shall be governed and bound by the terms and conditions and privacy policy of the third parties providing such services. You acknowledge that the liability for the Third-Party Services along with all costs and expenses that may be incurred thereunder shall vest entirely with the Third-Party Service provider and shall be governed by the terms agreed separately by the Third-Party Service provider and you. Further, all intellectual property rights in and to Third-Party Services are the property of the respective third parties.

ORDER, CANCELLATION, PAYMENT AND REFUND POLICY

Order: Ziki enables you to request services at your preferred time, subject to availability of service professionals. To initiate a booking, you must adhere to the instructions provided on Ziki and furnish requisite details. We employ reasonable endeavours to facilitate the engagement of a service professional capable of delivering the requested service within the designated timeframe. In the rare circumstance where we are unable to secure a service professional for the specified timeslot, we will promptly communicate with you to explore alternative scheduling options.
Cancellation and Refund:

You can cancel your service booking up to 2 hours and 50 minutes before the scheduled start time without incurring any cancellation charges. In such instances, the entire amount paid by you shall be refunded to the original payment source within 7 working days. Any cancellations initiated by you after the aforementioned 2 hours and 50 minutes prior to the scheduled service start time will result in a penalty equivalent to 100% of the amount paid for the service . No refund will be issued in such cases.
This policy is implemented to ensure adequate compensation for the service professionals for their lost hours. In the event of cancellation initiated by the Company or our Third-Party Service provider, you will receive a full refund of the amount paid.
If a refund is warranted following the successful completion of service due to unsatisfactory service or issues arising thereafter, you will be refunded the complete amount paid by you. Such refunds will be processed within 15 working days back to the source of payment.

Fees and Payment:

Fees: In respect of the services you avail, you are required to pay the fee as stipulated when you place the order. This fee covers the cost of the services provided and may include additional amounts for any extra services, out-of-pocket expenses incurred by the service professional, and any costs associated with the purchase of goods required for the service. Additionally, you acknowledge that you may be charged a convenience fee for booking facilitation and payment processing.
We may use external payment gateways (“Payment Gateways”) to process payments through your selected payment method. The handling of payments will be subject to the terms and policies of the respective Payment Gateway in addition to these Terms. We will not be responsible for any errors made by the Payment Gateway. In the event of a payment failure, any funds debited will be refunded in accordance with the Payment Gateway’s policies/terms.
Payment can be made on Ziki using any of the following online payment modes: UPI, Credit card and Debit card. Currently Pay on delivery (COD) is not supported.
We accept all Visa, Master Card and Maestro. American Express. Diners cards are not supported yet. You will be redirected to issuing bank's site, where you will have to follow the instruction to complete the payment.
Payment once made cannot be reversed unless you cancel your order within prescribed time period before the date and time of the provision of the Service(s).
In case payment is debited and order confirmation notification is not received, the debited amount will be refunded back to you. It may take up to five to seven working days for the amount to reflect in your account depending on the bank and mode of payment used to make the payment.
Payments can occasionally fail or remain in a pending state due to various reasons, such as: entering incorrect debit or credit card details; using a blocked or expired card; accidentally closing or refreshing the page during processing; technical failures in the connection between Ziki and your bank or card issuer; unrecognized card or bank details by Ziki; incorrect login or password information; or exceeding the agreed payment limit with your bank or issuer. If you encounter any of these issues, please try placing the order again after a short while or contact your bank or issuer for technical support. Ziki is not responsible for any loss or inconvenience arising from payment issues or for any erroneous debits from your cards or net banking accounts.

YOUR RESPONSIBILITIES

You represent and warrant that all information that you provide in relation to the services and/or on Ziki is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the services and/or use Ziki. Should any information that you provide change during the existence of these Terms, you agree to immediately bringing such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the services is incorrect, incomplete, inaccurate, or misleading or if you fail to disclose any material fact.
You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
In respect of the User Content, you represent and warrant that:

You own all intellectual property rights (or have obtained all necessary permissions) to provide User Content and to grant the licences under these Terms;
You are solely responsible for all activities that occur on or through your account on Ziki and all User Content;
The User Content does not and shall not violate any of your obligations or responsibilities under other agreements;
You must not impersonate any person;
The User Content does not and shall not violate, infringe, or misappropriate any intellectual property right or other proprietary right, including the right of patent, trademark, copyright, other proprietary rights or publicity or privacy of any person or entity;
The User Content does not and shall not contain any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
The User Content does not and shall not violate any third-party rights;
The User Content does not belong to any other person to which you do not have any right;
The User Content does not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, public order, cause incitement to the commission of any cognisable offence, prevents investigation of any offence, or is insulting another nation;
The User Content is not defamatory, grossly harmful, blasphemous, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing or discriminatory based on gender, racially or ethnically objectionable, disparaging, relating to, or encouraging money laundering or gambling, or an online game that causes user harm, libellous, hateful, racist, violent, obscene, pornographic, unlawful, promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence, harmful to children, otherwise offensive, objectionable, or restricts, or inhibits, any other person from using or enjoying Ziki.
The User Content must not be in the nature of an online game that is not verified as a permissible online game.
The User Content must not be in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game.
You must not deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicate any misinformation or information which is patently false and untrue or misleading in nature.

You shall not use Ziki in any manner except as expressly permitted in these Terms. Without limiting the generality of the preceding sentence, you shall not:

upload, post or otherwise make available any content on Ziki which would infringe any proprietary rights, including but not limited to copyrights, patents, trademarks, or trade secrets of any party;
except as may be provided hereunder, copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate, modify or create any derivative works from Ziki;
use Ziki to transmit any data, or send or upload any material that contains viruses, trojan horses, worms, timebombs, keystroke loggers, spyware, adware, or any other harmful programmes, or similar computer code, designed to adversely affect the operation of any computer software or hardware;
use any robot, spider, other automated device, or manual process to monitor or copy Ziki or any portion thereof;
engage in the systematic retrieval of content from Ziki to create or compile, directly or indirectly, a collection, compilation, database, or directory;
use Ziki in any unlawful manner, for fraudulent or malicious activities or in any manner inconsistent with these Terms
Decompile, decipher, reverse engineer, or disassemble the services or otherwise decrypt Ziki or the facilities provided therein;
Link to, mirror, or frame, any portion of all or any of Ziki or the facilities provided therein; or
Violate applicable laws in any manner.

You warrant that you shall not engage in any activity that interferes with or disrupts Ziki or the facilities provided therein.
You shall not attempt to gain unauthorised access to any portion or feature of Ziki, any other systems or networks connected to Ziki, to any of our servers, or through Ziki by hacking, password mining, or any other illegitimate means.

OUR INTELLECTUAL PROPERTY

All rights, titles, and interest in, Ziki (including the facilities provided therein), including all intellectual property rights arising out of Ziki (including the facilities provided therein), are owned by or otherwise licensed to us. Subject to compliance with these Terms, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable, and limited licence to use Ziki (including the facilities provided therein) in accordance with these Terms and our written instructions issued from time to time. Any rights not expressly granted herein are reserved by the Company’s licensors.
We may request you to submit suggestions and other feedback, including bug reports relating to Ziki from time to time (“Feedback”). We may freely use, copy, disclose, publish, display, distribute, and exploit the feedback we receive from you without any payment of royalty, acknowledgement, prior consent, or any other form of restriction arising out of your intellectual property rights.
Except as expressly stated in these Terms, nothing in these Terms should be construed as conferring any right on, or licence to, our or any third party’s intellectual property rights.
Ziki is proprietary software developed and made available exclusively. All content on Ziki, which is including, but not limited to, names, logos, trademarks, images, text, columns, graphics, graphs, illustrations, artwork, software, designs, information, button icons, and any other content are the exclusive and sole property of the Company.
All icons and logos are trademarks of and proprietary to the Company. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
All content have the exclusive copyright of the Company or its licensors, except the third-party content and link to third-party applications or websites. Systematic retrieval of the Company’s content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from the Company is prohibited. In addition, use of the content for any purpose not expressly permitted by the Company in these Terms is prohibited and may invite legal action.

TERM AND TERMINATION

These terms shall remain in effect unless terminated in accordance with the Terms hereunder.
We may restrict, deactivate, or terminate your access to, or use of, the services, or any portion thereof, (i) immediately and at any point at our sole discretion if you violate or breach any of the obligations, responsibilities, or covenants under these Terms, when you cease to become a user of Ziki, you do not, or are likely not to qualify under applicable law, or the standards and policies of the Company or its affiliates, to access and use Ziki, or violate or breach the community guidelines, (ii) upon 30 (thirty) days’ prior written notice to you, or (iii) immediately for any legitimate business, legal, or regulatory reason.
Upon termination of these terms: the account will expire; the services will “time-out”; and these Terms shall terminate, except for those clauses that are expressly, or by implication, intended to survive termination or expiry.

DISCLAIMERS AND WARRANTIES

The services are provided on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including without limitation to the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that the facilities provided on Ziki will meet your requirements or expectations.
No advice or information, whether oral or written, obtained by you from us shall create any warranty that is not expressly stated in the Terms.
You agree and acknowledge that soliciting or receiving services from any service professional independently is solely at your own risk, and in such an event, you waive any rights that you may have under these Terms.
We do not guarantee or warrant and we make no representation whatsoever either express or implied, including without limitation, any implied warranties, regarding the merchantability, suitability of information for a particular purpose. We do not warrant and disclaim any warranties, either express or implied, with respect to, reliability, quality, or suitability of the service professionals.
You hereby accept full responsibility for any consequences that may arise from your use of Ziki, and expressly agree and acknowledge that we shall have absolutely no liability in this regard. The services care chosen and used at the user’s risk and discretion and the Company makes no representations or warranties, express or implied, to the user in relation to the services or otherwise regarding this Terms, including warranties of merchantability and fitness for a particular purpose.
The Company shall not be held responsible or liable for theft, security breach, or any other unusual or illegal activity that occurs on the premises of the apartment complex/gated complex, as the Company only provides a technology platform and only provides licenses to its users to use its proprietary solution to facilitate safety and security in gated communities and to avail services of service professionals provided on a best-effort basis. The end customer approving the entry of any visitor/ service provider/ service professional/ delivery executive shall contact the respective law enforcement agencies for any such unusual or illegal activity.
The Company expressly disclaims any liability or responsibility whatsoever and howsoever arising as a result of any content on Ziki or any third party or any deficiency in service that is caused to the user due to a Third-Party Service provider.
The Company does not warrant the services or results obtained from the use or that the services will meet the user’s expectations or requirements or that Ziki will be uninterrupted or free from any technical error.
The Company shall not be held liable for any damage or injury caused due to performance, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, link failure, site crash, malfunctioning or software/ hardware, unavailability of network, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether resulting in whole or in part from negligence or otherwise.
The Company is not responsible, and shall not be held liable, for: (a) any consequences resulting out of the misuse of any kind by you of Ziki, in a manner that causes any harm or injury to a third-party; and (b) any loss that you may incur as a result of a third party using your account, either with or without your knowledge.

INDEMNITY

You shall indemnify, defend at our option, and hold us, our parent companies, subsidiaries, affiliates, and our officers, employees, directors, agents, and representatives, harmless from and against any claim, demand, lawsuits, judicial proceeding, losses, liabilities, damages, and costs (including, without limitation, all damages, liabilities, settlements, and attorneys’ fees), due to or arising out of your access to Ziki, and use or misuse of Ziki, violation of these Terms, or any violation of these Terms by any third party who may use your account or third party claims arising from an infringement or alleged infringement of such third party’s intellectual property.

LIMITATION OF LIABILITY

To the maximum extent permitted by applicable law, in no event shall the Company, nor its directors, employees, agents, representatives, partners, suppliers or content providers, be liable (i) under contract, tort, strict liability, negligence or any other legal or equitable theory or otherwise (and whether or not the Company, its directors, employees, agents, representatives, partners, suppliers or content providers had prior knowledge of the circumstances giving rise to such loss or damage) with respect to Ziki, service, or User Content for the use or the inability to use Ziki and /or service; (ii) direct, indirect, remote or consequential losses or damages; loss of actual or anticipated profits; loss of revenue; loss of goodwill; unauthorized access to or alteration of your transmissions or loss of data; any other matter relating to Ziki and / or service.

Subject to applicable laws, in no event shall the total aggregate liability of the Company under these Terms exceed the amount of fees paid by the user for utilizing the services offered on Ziki during the three (3) months immediately preceding the formal written notice of any claim for liability arising hereunder.

JURISDICTION, GOVERNING LAWS AND DISPUTE RESOLUTION

These Terms shall be governed by and construed and enforced in accordance with the laws of India. Subject to other provisions in this clause, courts in Mumbai shall have exclusive jurisdiction over all issues arising out of these Terms or the use of Ziki.

Any controversies, conflicts, disputes, or differences, arising out of these Terms shall be resolved by arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996 for the time being in force, which is deemed to be incorporated by reference in this clause. The tribunal shall consist of 1 (One) arbitrator appointed mutually by the Parties. The language of the arbitration shall be English. The parties to the arbitration shall keep the arbitration confidential, and not disclose to any person, other than on a need to know basis, or to legal advisors, unless required to do so by law. The decision of the arbitrator shall be final and binding on all the parties thereto. Each party to the arbitration shall bear its own costs with respect to any dispute.

GRIEVANCE REDRESSAL

If a professional behaves in a manner that is discourteous, disrespectful, abusive, inappropriate or unlawful, you are required to report the incident to grievanceofficer.fls@tcgre.com immediately upon occurrence of such event. We will take all reasonable steps to address the issue and ensure that appropriate actions are taken to resolve the situation.
You may contact our designated Grievance Redressal Officer with any complaints or queries relating to the services or these Terms through email, details of which are provided below:

Name: Mr. Punit Pande

Designation: Head- Business Operations

Email Address: grievanceofficer.fls@tcgre.com

We shall ensure that your complaint is resolved within timelines prescribed under applicable laws.

MISCELLANEOUS PROVISIONS

Changes to Terms: The terms are subject to revisions at any time, as determined by us, and all changes are effective immediately upon being posted on Ziki. It is your responsibility to review these Terms periodically for any updates or changes. You will be deemed to have accepted the changes made to these Terms if you continue to use Ziki once it has been posted.
Modification to the services: We reserve the right at any time to add, modify, or discontinue, temporarily or permanently, the services / offerings (or any part thereof) on Ziki, with or without cause. We shall not be liable for any such addition, modification, suspension, or discontinuation on Ziki.
Severability: If any provision of these Terms is determined by any court or other competent authority to be unlawful or unenforceable, the other provisions of these Terms will continue to be in effect. If any unlawful or unenforceable provision would be lawful or enforceable if a part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect (unless that would contradict the clear intention of the clause, in which case the entirety of the relevant provision will be deemed to be deleted).
Assignment: You shall not license, sell, transfer, or assign your rights, obligations, or covenants under these Terms, or your account in any manner without our prior written consent. We may grant or withhold this consent at our sole discretion, subject to any conditions we deem appropriate. We may assign our rights to any of our affiliates, subsidiaries, or parent companies, any successor in interest of any business associated with the services, or any third party without any prior notice to you.
Notices: All notices, requests, demands, and determinations for us under these Terms (other than routine operational communications) shall be sent to grievanceofficer.fls@tcgre.com
Third-party rights: No third party shall have any rights to enforce any terms contained herein.
Force Majeure: We shall have no liability if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including without limitation to, strikes, failure of a utility service or telecommunications network, act of God, war, riot, civil commotion, malicious damage, pandemic, epidemic or compliance with any law or governmental order, rule, regulation, or direction.

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