Terms of Service

These Terms of Service (“Terms”) govern your access to and use of our Services, including website, related apps published on the Android and iOS mobile app bearing the same name (the “App”) are collectively referred to as the Zersey Platform that link to these Terms (collectively, the “Services”), and any information, text, graphics, photos or other materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). Your access to and use of the Services are conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.

  1. Basic Terms

You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. Most Content you submit, post, or display through the Zersey Services is public by default and will be able to be viewed by other users and through third party services and websites. You should only provide Content that you are comfortable sharing with others under these Terms.

You may use the Services only if you can form a binding contract with Zersey and are not a person barred from receiving services under the laws of the India or other applicable jurisdiction. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that Zersey provides are always evolving and the form and nature of the Services that Zersey provides may change from time to time without prior notice to you. In addition, Zersey may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Zersey on the Services are subject to change. In consideration for Zersey granting you access to and use of the Services, you agree that Zersey and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

  1. Privacy

Any information that you or other users provide to Zersey is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information for storage, processing and use by Zersey. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your account, which you may not be able to opt-out from receiving.

  1. Eligibility

By creating an account and using the Service, you represent and warrant that:

  1. Your Account

In order to use Zersey, you may sign in using your Facebook login. If you do so, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Zersey users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Zersey, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact help@zersey.com. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. Zersey cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

  1. Content on the Services

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Zersey be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

  1. Your Rights

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).

You agree that this license includes the right for Zersey to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with Zersey for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use.

We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by our partners and if you do not have the right to submit Content for such use, it may subject you to liability. Zersey will not be responsible or liable for any use of your Content by Zersey in accordance with these Terms. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

  1. Your License To Use the Services

Zersey gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software that is provided to you by Zersey as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Zersey, in the manner permitted by these Terms.

  1. Zersey Rights

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of Zersey and its licensors. The Services are protected by copyright, trademark, and other laws of both India and foreign countries. Nothing in the Terms gives you a right to use the Zersey name or any of the Zersey trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Zersey, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

  1. Restrictions on Content and Use of the Services

Please review the Zersey Content Policy (which is a part of these Terms) to better understand what is prohibited on the Zersey Services. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to:

You may not do any of the following while accessing or using the Services:

  1. Copyright Policy

Zersey respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

You also agree not to:

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.

Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Zersey will also terminate a user’s account if the user is determined to be a repeat infringer.

  1. Community Guidelines and Rules

By using the Service, you agree that you will not:

Zersey reserves the right to investigate and/ or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that Zersey regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

  1. Ending These Terms

The Terms will continue to apply until terminated by either you or Zersey as follows:

In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply. Nothing in this section shall affect Zersey’s rights to change, limit or stop the provision of the Services without prior notice.

  1. Disclaimers and Limitations of Liability

Please read this section carefully since it limits the liability of Zersey and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Zersey Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

  1. The Services are Available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Zersey entities disclaim all warranties and conditions, whether express or implied, of merchantability, fitness for a particular purpose, or non-infringement.

The Zersey Entities make no warranty or representation and disclaim all responsibility and liability for:

  1. Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that the Zersey Entities are not responsible or liable for:

  1. Limitation of Liability

To the maximum extent permitted by applicable law, the Zersey entities shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from:

The limitations of this subsection shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence) or otherwise, and whether or not the Zersey entities have been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

  1. Safety; Your Interactions with Other Users.

Zersey is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow our user guidelines prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

You are solely responsible for your interactions with other users. You understand that Zersey does not conduct criminal background checks on its users or otherwise inquire into the background of its users. Zersey makes no representations or warranties as to the conduct of users. Zersey reserves the right to conduct – and you agree that Zersey may conduct - any criminal background check or other screenings (such as sex offender register searches) at any time using available public records.

  1. Indemnity by You

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Zersey, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

  1. Entire Agreement; Other

This Agreement, along with the Privacy Policy, the Safety Tips, and any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service, contains the entire agreement between you and Zersey regarding your relationship with Zersey and the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Zersey to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Zersey account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Zersey in any manner.