Terms of Use

EFFECTIVE DATE : 19th February, 2018
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL ASSOCIATED WITH IT, INFORMATION OR SERVICES THROUGH THE WEBSITE OR MOBILE APPLICATION. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE AND ANY PRODUCTS ASSOCIATED WITH IT.

These Terms of Use of the website located at the URL www.zibapp.com and its associated websites and mobile application under the name and style "ZibApp" (collectively referred to as "ZibApp" or "Products") is between ZibApp.com owned by Slickalpha Digital Private Limited (collectively referred to as "ZibApp.com" or "Slickalpha" or "We" or "Us" or "Our") and the visitors or registered users of the above mentioned products (hereinafter referred to as "You" or "Your" or "Yourself" or "User") describe the terms on which ZibApp.com offers You access to the Products and such other services as are incidental and ancillary thereto ("Services").

THESE WEBSITE TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

THESE TERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND ZIBAPP.COM. THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND ZIBAPP.COM FOR THE USE OF PRODUCTS AND SEVICES.

THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE PRODUCTS AND SERVICES.

If you are accessing the ZibApp mobile application or accessing the Services through the ZibApp mobile application, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like Apple's iTunes, Android's play store, Microsoft's store from time to time) which will govern the use of the mobile application. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.

1. General
ZibApp.com is wholly owned by Slickalpha Digital Private Limited, a company incorporated under the laws of India, with its registered office at 15-202D/1, 6th Cross Street, Christopher Colony Ext., Parvathipuram, Kanyakumari District, Tamil Nadu, India - 629003 and having CIN U72200TN2016OPC111948. ZibApp.com is an intermediary in the form of an social platform and is limited to managing its products and services to enable content owners, their affiliates and the public to exhibit, display and/or advertise webpages through shortened URL's to enable consumers, publishers and public to view, copy, consume and/or market such webpages so offered, through use of our products and services by any user.

ZibApp.com reserves the right, at its sole discretion, to modify or replace any of these Terms of Use, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice or by sending you notice through the Services or by e-mail. We may also impose limits on certain features of the Services or restrict your access to parts or all of the Services without notice or liability. It is your responsibility to check these Terms of Use periodically for changes. Your use of the Services following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

These Terms of Use together with the Privacy Policy available at http://www.zibapp.com/privacy and End User License Agreement (EULA) available at http://www.zibapp.com/eula any other terms which may apply to specific Services ("Additional Service Terms") together with all other notices, disclaimers, guidelines appearing on our Products from time to time (collectively referred to as "Agreement(s)") constitute the entire agreement upon which You are allowed to access and use our Products and avail the Services. In an event of conflict,
  • Between the Privacy Policy (available at https://www.zibapp.com/en/privacy) and any other Agreements, the Privacy Policy shall take precedence' but only to the extent of the conflict.
  • Between these Terms of Use and EULA (available at https://www.zibapp.com/en/eula), or any other agreements or notices, disclaimers or guidelines appearing on the Website, these Terms of Use shall take precedence but only to the extent of the conflict.

2. Services
Our Services allow you to exhibit, display and/or advertise webpages through shortened URL's using domain owned by us as the link. As long as you comply with these Terms of Use, you may use the Services for your personal and non-commercial purposes. We provide our Services through web applications, browser plugins and software applications that you can download (to your computer or mobile device) to access and use the Services. As long as you comply with these Terms of Use, you have the right to use this software to access and use the Services. This license is for the sole purpose of enabling you to use the Services, as permitted by these Terms of Service. You may not modify, re-distribute, or sell the software, nor may you decompile or attempt to extract the source code of that software.

3. Eligibility to Use
Our Services are not available to anyone under the age of thirteen (13) or to any Users suspended or removed from the ZibApp.com system by us for any reason whatsoever. ZibApp.com may, in its sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation.

4. User Account & Security
You may access and use the Products and the Services either as a registered user or as a guest user. However, not all sections of the Website and Services will be accessible to guest users.

4.1. Registered users
ZibApp.com makes certain sections of the Services available to You through its Products only if You have provided certain required User information and created an User account to obtain your ZibApp ID and/or ZibApp Username. You can create Your Account on the Mobile Application using your valid Email Address or through logging in by Your third party website user ID and password including that of www.facebook.com or any other social media website or any other Internet service as permitted on the Website (ZibApp ID and/or other third party login identification as provided above are individually and collectively referred to the "Account Information").

In the event You register as a User by creating an Account in order to avail of the Services provided by Our Products, You will be responsible for maintaining the confidentiality and security of the Account Information, and are fully responsible for all activities that occur under Your Account. You agree to (a) immediately notify ZibApp.com of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that You logout from Your Account on the Website at the end of each session and You logout from Your Account on the Mobile Application by deleting the application from Your device before You relinquish Your access to such device. ZibApp.com cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may be held liable for losses incurred by ZibApp.com or any other user of or visitor to the Website due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account Information secure and confidential.

You shall ensure that the Account Information provided by You in the Website's registration form is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.

If You provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or ZibApp.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, ZibApp.com has the right to suspend or terminate Your Account and refuse any and all current or future use of the Products / Services (or any portion thereof).

4.2. Guest users
Our Products also allows limited access to the Services for unregistered Users (also called as 'guest users'). Such users will be able to browse the Website and/or download the mobile application to view any content made available to guest users. However, You will not be provided with access to certain benefits reserved only for the purpose of registered users. These benefits may change from time to time.

5. Use of Content
Definition of "Content" For purposes of these Terms of Service, the term "Content" includes, but not limited to URLs, shortened URLs, curated URLs, bundles or packages of URLs, videos, audio clips, written posts and comments, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services.

5.1 Product Content
The Products and any Services derived from our Products offered to You contain Content owned and controlled by ZibApp.com and/or its partners and/or licensors and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Such Content includes, but is not limited to "ZibApp". You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

5.1.1. Licence to Use
Subject to these Terms of Use, ZibApp.com grants You a non-exclusive, non-sublicensable and non-transferable right to use the Content, solely for personal and non-commercial use as part of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than personal, non-commercial use is expressly prohibited without prior written permission from ZibApp.com, or from the copyright holder identified in such Content's copyright notice.

You agree not to access (or attempt to access) the Website or Services by any means other than through the interfaces that are provided by ZibApp.com. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Products.

You may need to install updates that we or any third party introduce from time to time to use the services, Products, Website including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or Website you have installed requires that you have agreed to receive such automatically requested Updates.

You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.

5.2. User Content
All Content added, created, uploaded, submitted, distributed, or posted to the Services by users, whether publicly posted or privately posted (collectively "User Content"), is the sole responsibility of the user who originated it. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. When you delete your User Content, it will be removed from the Services. However, you understand that (i) certain User Content (e.g., previously shortened URLs and related ZibApp Insights) will remain available and (ii) any removed User Content may persist in backup copies for a reasonable period of time.

5.2.1. License to ZibApp.com
By submitting User Content through the Services, you hereby do and shall grant ZibApp.com a worldwide, perpetual, non-exclusive, royalty-free, fully paid, non-revocable, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and ZibApp.com's (and its successors and assigns') business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds). You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any Content that you post on ZibApp.com.

5.2.2. License to Users
You also hereby do and shall grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content.

5.2.3. No Infringement
You represent and warrant that you have all rights to grant such licenses without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

5.2.4. Third Party content
When you access third party resources on the ZibApp, you do so at your own risk. These other resources are not under the control of ZibApp.com, and you acknowledge that ZibApp.com is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by ZibApp.com or any association with its operators. You further acknowledge and agree that ZibApp.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.

5.3. Availability of Content
ZibApp.com does not guarantee that any Content will be made available through the Services. Further, ZibApp.com has no obligation to monitor the Services or pre-screen User Content. However, ZibApp.com reserves the right to (i) remove, edit or modify any Content in its sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if ZibApp.com is concerned that you may have violated these Terms of Service), or for no reason at all and (ii) remove or block any Content from the Services.

6. User Obligations
You shall not, and shall not permit any third party to, either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content (including User Content) on or through the Service that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty is unlawful, such as content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another's privacy, or tortuous, or that constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"), contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ZibApp.com or any third party, impersonates any person or entity.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any aspect, feature or part of the Services, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Services; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

ZibApp.com also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to user support requests; or (v) protect the rights, property or safety of ZibApp.com, its users and the public. This includes exchanging information with other companies and organizations for fraud protection and spam prevention.

If you believe that any Content or User Content (as defined herein) or other content available on Our Products does not comply with the Terms of Use or applicable law, You may report such content in the manner prescribed under clause 14 herein.

7. Disclaimer of Warranties & Liability
THE PRODUCTS, WEBSITE, MOBILE APPLICATION, SERVICES, CONTENT, USER CONTENT AND ANY THIRD PARTY CONTENT ARE PROVIDED BY ZIBAPP.COM ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ZIBAPP.COM MAKES NO WARRANTY THAT (I) THE PRODUCTS OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE PRODUCTS OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) THE QUALITY OF THE PRODUCTS OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE WEBSITE ORSERVICES WILL BE CORRECTED.

NO LINK OR INFORMATION, WHETHER VISUAL OR WRITTEN, OBTAINED BY YOU FROM ZIBAPP.COM OR THROUGH THE PRODUCTS FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.

YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.ZIBAPP.COM MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE SERVICES OR ANY WEBSITE LINKED TO THE SERVICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW ZIBAPP.COM WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE PRODUCTS OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

FURTHER, ZIBAPP.COM SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE PRODUCTS OR SEVICES DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND ZIBAPP.COM 'S CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PRODUCTS IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. ZIBAPP.COM ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

In the event You have purchased / downloaded the Website from any online application stores, whether provided by Apple, Inc., Google, Inc. or Microsoft, Inc. (or their respective affiliates) (collectively referred to as "Store Providers"), and there occurs any failure of the Website and / or Services, You may follow the process recommended by the Store Provider under the terms of the contract applicable between You and such Store Provider. The Store Providers shall not be liable for any (i) warranty obligations of ZibApp.com and related claims, losses, liabilities, damages, costs or expenses; (ii) product liability / consumer protection claims, and claims related to the Website's non-conformity with any applicable laws; and (iii) any third party claims of infringement of intellectual property rights by ZibApp.com.

8. Indemnification & Limitation of Liability
You agree to indemnify, defend and hold harmless ZibApp.com, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i) Your breach of the Agreement(s); or (ii) any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website; or (iii) any claim that any Third Party Content / content, information or materials provided by You caused damage to a third party; or (iv) Your violation of any rights of another, including any intellectual property rights.

Notwithstanding anything to contrary in the Agreement(s), ZibApp 's entire and aggregate liability to You under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100).

9. Governing Law & Jurisdiction
These Terms of Use are the entire agreement entered into on or through the Products and the relationship between You and ZibApp.com shall be governed in accordance with the laws of India without reference to conflict of laws principles.

You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Products and/or Services, these Terms of Use are the entire agreement between You and ZibApp.com shall be subject to the exclusive jurisdiction of the courts at Chennai, India and You hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to this Agreement shall be effective against a party if given as provided herein.

10. Report Abuse, DMCA & Take Down Policy
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Website, or if You believe your intellectual property rights have been violated in any manner through the Website, you may write to ZibApp.com in the manner prescribed under clause 14 herein.

11. Communications
When You use the Products and Services or send emails or other data, information or communication to ZibApp.com, You agree and understand that You are communicating with ZibApp.com through electronic records and You consent to receive communications via electronic records from ZibApp.com periodically and as and when required. ZibApp.com will communicate with You by email or by notices on Website or electronic records on the Website which will be deemed adequate service of notice / electronic record to the maximum extent permitted under any applicable law.

12. General Provisions
Force Majeure - ZibApp.com shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ZibApp 's reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation which are beyond the reasonable control of ZibApp.com or its third party services offered could not have been prevented by reasonable precautions. ZibApp.com shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.

Assignment - You cannot assign or otherwise transfer the Agreements, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. ZibApp 's rights and/or obligations under the Agreement are freely assignable or otherwise transferable by ZibApp 's to any third parties without the requirement of seeking Your prior consent.

Severability - If, for any reason, a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Agreement shall continue in full force and effect. ZibApp.com may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.

Waiver - Any failure or delay by a party to enforce or exercise any provision of the Agreement, or any related right, shall not constitute a waiver by such party of that provision or right. Waiver of compliance in any particular instance, does not mean that we will do so in the future. In order for any waiver of compliance with these Terms of Use to be binding, ZibApp.com must provide you with written notice of such waiver, provided by one of its authorized representatives.

13. Feedback and Information
Any feedback You provide to any Products or Services shall be deemed to be non-confidential. ZibApp.com shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) ZibApp is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) You are not entitled to any compensation or reimbursement of any kind from ZibApp.com for the feedback under any circumstances.

14. Contact ZibApp.com
Write your grievances, takedown requests and feedback to ZibApp.com by mail to Customer Relations (ZibApp.com), Slickalpha Digital Private Limited, 15-202D/1, 6th Cross Street, Christopher Colony Ext., Parvathipuram, Kanyakumari District, Tamil Nadu, India - 629003 or visit https://www.zibapp.com/en/support to contact us by email.