Terms & Conditions

Bookzzy, on behalf of itself and its affiliates/group companies under the brand "Bookzzy" ("Bookzzy", “Us”, “We”, “Our”), is the licensee/ author, owner and publisher of the web-based & mobile application-based software platform Bookzzy (“Platform”) and online resource https://www.bookzzy.com (“Website”), (together, "Software").

1. NATURE AND APPLICABILITY OF TERMS

Please carefully peruse these terms and conditions ("Terms") and the privacy policy available at https://www.bookzzy.com/privacy-policy ("Privacy Policy") before you decide to access the Software in any manner or for any purpose or avail the Services (defined hereinafter) made available on the Website or Platform. These Terms, Saas Terms of Use of the Platform (as agreed between Bookzzy and Businesses from time to time) and the Privacy Policy together constitute a legal agreement ("Agreement") between You and Bookzzy in connection with your access and use of the Software and Your use of the Services.

The Agreement applies to you whether you are :

i. An individual or entity operating or running a business, trade or profession of any kind, wishing to use, or already using the Platform. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “You” or “Your” shall refer to such entity. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the services. ("Business", "You", “Your” or "User"); or
ii. An end-customer of any such Business or authorized affiliates or relatives of such end-customer wishing to avail of or availing of any information or goods or services made available to them by the Business using the Platform ("End-User", "You" or “Your”); or
iii. Otherwise a user of the Website ("General User", “You” or "Your").

End-Users and General Users are either individually or collectively referred to as “Users”

This Agreement applies to those services made available by Bookzzy on the Platform or Website ("Services"), including but not limited to the following:

i. For Businesses: the functionalities provided by the Platform or Website which automates and manages various workflows for Businesses in the course of their engagement with End-Users.
ii. For End-Users: the functionalities provided by the Platform or Website, which enables End-Users to engage with Businesses and manage their business relationship end to end, covering aspects facilitated by the Platform which enable seamless end to end management of the End-User Engagement with the Business.
iii. For other Users: information and other enablers to those who visit the Website for exploratory or other purposes.

The Services may change from time to time, at the sole discretion of Bookzzy and the Agreement will apply to Your visit to and Your use of the Website or Platform to avail the Services, as well as to all information provided by You on the Website or Platform at any given point in time.

This Agreement defines the terms and conditions under which You are allowed to use the Website or Platform and describes the manner in which We shall treat Your account while You are registered as an End-User on the Platform or You, as a Business are licensed to use the Platform. If You have any questions about any part of the Agreement, feel free to contact Us at support@bookzzy.com

By downloading or accessing the Platform or Website to use the Services or otherwise, You irrevocably accept all the conditions stipulated in this Agreement, the SaaS Terms of Use of the Platform, applicable to You as a Business and the Privacy Policy, as updated from time to time and agree to abide by them. This Agreement supersedes any previous oral and written terms and conditions communicated to You relating to Your use of the Website or Platform to avail the Services. By visiting the Website, using the Platform or availing any Service, You signify Your acceptance of the terms of this Agreement.

We reserve the right to add, modify or delete any portion of the Agreement for any reason and at any time without prior intimation. You should read the Agreement at regular intervals. Your use of the Platform or Website following any such modification constitutes Your agreement to follow and be bound by the Agreement so modified.

You acknowledge that You will be bound by this Agreement for availing any of the Services. If You do not agree with any part of the Agreement, please do not use the Website or Platform or avail any Services.

On the Website or Platform, We may, at Our discretion, provide short summaries of the terms and conditions in this Agreement. Any such summaries are provided only for your convenience, are not legally binding and do not modify this Agreement in any way.
Your access to use of the Platform & Website and availing the Services will be solely at the discretion of Bookzzy.
The Agreement is governed by the provisions of Indian law.

2. CONDITIONS OF USE

2.1. You must be 18 years of age or older to register on & access the Platform, visit or use the Website or use the Services, in any manner. By so registering & accessing the Platform or visiting or using the Website and accepting this Agreement, You represent and warrant to Bookzzy that You are 18 years of age or older, and that You have the right, authority and capacity to use the Platform or avail of the Services or use the Website and to be bound by this Agreement.

2.2. You shall not misuse the Platform or the Website in any manner, including by way of hacking, unauthorized access, conducting fraudulent transactions, spamming and the like.

2.3. You may not use the Services and may not accept this Agreement if you are a person or entity barred from receiving the Services under the laws applicable to you whether of the country in which you are a resident or from which you use the Services or access the Platform or Website or otherwise.

3. TERMS OF USE

3.1. END-USER AND GENERAL USER ACCESS- APPLICABLE TO ALL USERS

3.1.1 The terms "personal information" and "sensitive personal data or information" are detailed in the Privacy Policy.

3.1.2 Bookzzy may collect information relating to the devices through which You access the Platform or Website and anonymous data of Your usage. The collected information will be used only for improving the quality of Services and to build new services.

3.1.3 The Platform would have access to registered Users' personal email or phone number, which would be used for communication purposes so as to provide You a secure way of accessing the Platform and/ or to provide You with alerts & information as the Business may determine from time to time.

3.1.4 The Privacy Policy sets out, inter-alia:

3.1.5 The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of, inter-alia:

i. the fact that certain information is being collected;
ii. the purpose for which the information is being collected;
iii. the intended recipients of the information;
iv. the nature of collection and retention of the information;
v. if such information collection is handled by a third party, the name and address of the agency that is collecting the information and the agency that will retain the information; and
vi. the various rights available to such Users in respect of such information.

3.1.6 We shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by You in the course of accessing or using the Platform or Website.

3.1.7 You are responsible for maintaining the confidentiality of Your account access information and password, for accessing the Platform or Website. You shall be responsible for all usage of Your account and password, whether or not authorized by You. You shall immediately notify Bookzzy of any actual or suspected unauthorized use of Your account or password. While Bookzzy or the Business will not be liable for any losses caused to You by any unauthorized use of Your account, You may be liable for the losses caused to Bookzzy or to the Business(es) or such other parties as the case may be, due to any unauthorized use of Your account.

3.1.8 Your right to access and use the Website or Platform or avail the Services is personal to You and is not transferable by You to any other person or entity, except as provided herein. You agree not to disclose your password to any third party. You are solely responsible for all activities that occur under Your Account or under your profile information.

3.1.9 If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Bookzzy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Bookzzy has the right to discontinue the Services to the User at its sole discretion.

3.1.10 Bookzzy may use such information collected from the Users from time to time for the purposes of debugging or customer support related issues.

3.1.11 Users shall, whether in the course of providing any feedback or otherwise, refrain from using obscene language or posting any offensive content or content that is harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic or libelous in any manner or invades the privacy of any person in any manner. Further, such content shall not threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order nor cause incitement to the commission of any offence under law or prevent investigation of any offence. Bookzzy reserves the right to remove any content which it may determine at its own discretion as being violative of this Agreement or any law or statute in force at the time. The User agrees to absolve Bookzzy from and indemnify Bookzzy against all claims that may arise as a result of any legal claim arising from the nature of the User communication.

3.2. BUSINESS’S CONTENT ON THE PLATFORM OR WEBSITE AND SERVICES PROVIDED BY BUSINESSES- APPLICABLE TO BUSINESSES AND USERS

3.2.1 The Platform is used by Businesses and End-Users for availing Services and for enabling Businesses to provide the End-Users with goods and services they deal in, under terms mutually agreed between Businesses and End-Users. In the course of that, Businesses and End-Users would be populating data or uploading documents or other information on the Platform. The Website might also provide links to securely access such information or documents. Bookzzy does not have any means to verify or validate the accuracy or completeness of any such information or documents for any purpose and accordingly shall not be liable nor held to be liable whether to the Business or to the End-User or any other party for any inaccuracies or incompleteness in such information or documents.

3.2.2 The Services provided by the Platform and Website are on an ‘as is’ and ‘as available' basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Bookzzy does not provide or make any representation, warranty or guarantee, express or implied about the Website or Platform or the Services. Bookzzy does not guarantee the accuracy or completeness of any content or information provided by Businesses or Users on the Platform or Website. To the fullest extent permitted by law, Bookzzy disclaims all liability arising out of (a) the Businesses’ or Users’ use or reliance upon the Website, the Platform or the Services, (b) any representations and warranties made by Businesses or other Users to a Business or a User, (c) the content or information provided by Businesses or Users on the Platform or Website.

3.2.3 Bookzzy disclaims any warranty that the Website or Platform or any content, including without limitation any third-party software and content, will meet your requirements or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the Website or the Platform or the servers that make these available are free of viruses or other harmful components. You agree that, from time to time, Bookzzy may remove the Website or Platform access for indefinite periods of time without notice to you. Your access and use of the Website or Platform may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair or other actions that Bookzzy, in its sole discretion, may elect to take. Bookzzy makes no guarantee regarding: (a) the security of any information provided by You including but not limited to Your API; or (b) the compatibility of your software, hardware or content with the Website or Platform.

3.2.4 The Website may be linked to or integrated with the website or platform of any Businesses or third parties, affiliates and business partners, including but not limited to, internet service providers, hosting services utilized by Bookzzy, telecommunications providers, content provided by other Users, or any software or hardware not provided by Bookzzy. Bookzzy has no control over, and is not liable or responsible for accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third-party content or any other aspect of such websites or resources or other information made available by these parties through the Website or otherwise. Inclusion of any link on the Website does not imply that Bookzzy endorses the linked site. You further acknowledge and agree that Bookzzy 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 third-party content, goods or services available. Access and use of third-party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at the risk of the Businesses and Users. Bookzzy shall also not be responsible in any manner whatsoever, for any outages or downtime or any policies or any output provided by such third parties.

3.2.5 You acknowledge and agree that Bookzzy does not warranty, assure and/or guarantee that the Software is or shall ever be compliant with the Web Content Accessibility Guidelines pursuant to WCAG2.0, WCAG 2.1, and/or any successor laws or guidelines (collectively, “WCAG Compliance”).

3.2.6 You as a Business, further acknowledge and agree that Bookzzy do not warranty, assure and/or guarantee that its software, coding, and/or PHP programming language can be modified to meet WCAG compliance. By using and/or downloading the Platform or Website you expressly accept these as-is and agree to be fully responsible and solely liable to ensure that your intended use of the Platform or Website meets WCAG Compliance and any other accessibility regulations, as required by law, which may change from time-to-time. You further agree to test the Website or Platform and all of its functionality and features on your website locally prior to allowing Bookzzy to become live to the public in order to ensure that you are able to meet WCAG Compliance. Further, it is your responsibility to remain informed on all issues and requirements relating to WCAG Compliance. In no event shall Bookzzy (including any of its authorized representatives, principals, agents, officers, directors, shareholders, members, partners, employees, associates, successors, assigns, subsidiaries, licensees and/or owners) be liable to you or to any third-party claiming through you or on your behalf for any failure to meet WCAG Compliance. You agree to take all responsibility related to meeting WCAG Compliance.

3.2.7 In the event there are any contradictions between the terms contained in this WCAG disclaimer and any other terms of service on this site, then the terms herein shall control as to an inconsistencies.

3.2.8 Bookzzy assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect Business’s or User's equipment on account of Business’s or User's access to, use of, or browsing the Website or accessing & using the Platform or the downloading of any material, data, text, images, video content, or audio content from the Platform or Website. If a User is dissatisfied with the Platform or Website, User's sole remedy is to discontinue using the Platform or Website.

3.2.9 No advice or information, whether oral or written, obtained by you from Bookzzy or through or from the Website or Platform shall create any warranty not expressly stated in this Agreement.

3.2.10 If Bookzzy or any Business determines that a User has provided fraudulent, inaccurate, or incomplete information, including through feedback, Bookzzy reserves the right to immediately suspend Your access to the Platform or Website or any of Your accounts with the Platform or Website. You shall be liable to indemnify Bookzzy and/ or the Business for any losses incurred as a result of Your providing wrong information or misrepresentations or fraudulent feedback.

3.2.11 The results of any search Users perform on the Website for Businesses should not be construed as an endorsement by Bookzzy of any particular Business. If the User decides to engage with a Business to avail of any goods or services, the User shall be doing so at his/her own risk and on terms mutually agreed with and applicable to the User and the Business.

3.2.12 You understand and acknowledge that the Platform or Website may provide AI-generated content, which is automated and may contain inaccuracies. Businesses are responsible for reviewing all AI-generated content before publishing or acting on it and Users are advised to independently validate any AI-generated content before relying on it. Without limiting the generality of the foregoing, You acknowledge that AI may hallucinate, generate incorrect content or provide outdated or inaccurate information. You shall not hold Bookzzy liable in any manner in this regard.

3.2.13 Without limiting the generality of anything to this effect stated elsewhere herein, Bookzzy does not provide any assurance or warranty to Businesses that use of the Platform to generate business leads would result in any assured conversion of those who access the Platform into End-Users or paying customers or result in any assured revenue or benefits to the Business in any manner.

3.2.14 Bookzzy is not responsible or liable in any manner for the quality of goods and services provided by the Business(es) to the End-Users. Any remedies pursued by End-Users in this regard shall solely be against the Business(es) as per any contractual understanding between the End-Users and Business(es) and as per applicable law. Bookzzy does not provide any representation or warranty relating to the credentials of or the quality of goods or services provided by any Business.

3.2.15 Bookzzy does not play the role of or any part of the role of a Business in any manner and as such, there is no provider-customer relationship which gets created between Bookzzy and a User in any manner.

3.2.16 Without prejudice to the generality of the foregoing, Bookzzy is not involved in providing any goods or services (other than the Services herein) in any manner whatsoever and hence is not responsible for any interactions or mutual agreement or understanding between the User and the Business. User understands and agrees that Bookzzy will not be liable for:

i. User interactions, terms of contract and associated issues between the User and the Business;
ii. the ability or intent of the Business(es), in fulfilling their obligations towards Users including any misrepresentation or fraud on the part of the Business(es);
iii. any defective or faulty goods or services or any delays or additional costs or such similar issues in the provision of goods or services by the Business(es) to the User(s);
iv. any misconduct or inappropriate behaviour by the Business or the Business’s employees or representatives;
v. any wrong or misleading information or other details provided by the Business(es) either on the Platform or directly or indirectly to the End-User in any other manner
vi. any disputes or issues of whatsoever nature whether relating to any payments made or to be made by the Users to the Businesses or otherwise. End-User acknowledges and understands that Bookzzy does not have any involvement in or any role to play in handling or processing any payments made or required to be made by End-Users to Business(es).

3.3. END-USER ACCOUNT AND INFORMATION

3.3.1 End-Users may be provided with the facility to create their user account on the Platform used by the Business. Information accessible through the account (“Records”) is of two types:

3.3.2 Without prejudice to the rest of these Terms and the Privacy Policy, Your access to Your account and use of the Records is subject to the following conditions:

3.3.2.1 Any Business created Record is provided on an as-is basis at the sole intent, risk and responsibility of the Business and Bookzzy does not validate the said information and makes no representation in connection therewith. You should interface with the Business in case of any issues related to such Records.

3.3.2.2 It is Your responsibility to keep Your correct mobile number and email ID updated and other information sought during account creation or on an ongoing basis. Bookzzy or the Business is not responsible for any loss or inconvenience caused due to Your failure in updating the contact details on Bookzzy.

3.3.2.3 The Platform provides industry–level security and encryption to Your Records. However, Bookzzy does not guarantee prevention of unauthorized access if You lose Your login credentials or they are otherwise compromised. In the event You are aware of any unauthorized use or access, You shall immediately inform Bookzzy of such unauthorized use or access. You shall be responsible for safeguarding Your login credentials and for reporting any actual or suspected breach of account. Such reporting should be done to support@bookzzy.com.

3.3.2.4 Bookzzy is not responsible or liable in any manner for any content which forms part of the Records. You or the Business, as the case may be, are liable for Your Records and any information provided including but not limited to the content in them.

3.3.2.5 Bookzzy will follow the law of the land in case any regulatory or judicial authority mandates to share the Records for any reason.

3.3.2.6 You acknowledge that the Businesses You are engaging with may, in addition to the Platform, use other software or third-party software for the purposes of providing goods & services to You and for the usage and for storage of Records in India and outside India, in accordance with the applicable laws. Bookzzy has no control over and no liability in this regard, whatsoever.

4. TERMS APPLICABLE TO BUSINESSES

The terms in this Clause 4 are applicable only to Businesses.

4.1 The Business understands and acknowledges Bookzzy shall not be responsible or liable in any manner to the Business or Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures made or information provided by the Business to the Users, whether on the Platform or otherwise.

4.2 All dealings between the Business and the End-User shall be exclusively between them on a principal-to-principal basis and governed solely by any contractual or other understanding between them and/ or applicable law. Bookzzy shall not be responsible to the End-Users in any manner for any failure of the Business to adhere to any contractual terms or terms of their mutual understanding nor shall Bookzzy be construed to be an agent of or hold out any promise to an End-User on behalf of the Business or to the Business on behalf of an End-User. The Business agrees to unconditionally indemnify Bookzzy for any claims made against it by End-Users.

4.3 Bookzzy reserves the right to remove any abusive or inappropriate content added on the Platform or Website.

4.4 You as a Business hereby represent and warrant that You will use the Platform and the Services in accordance with applicable law. Any contravention of applicable law as a result of or in the course of Your use of the Platform and/ or Services is Your sole responsibility, and Bookzzy accepts no liability for the same. You shall, at all times, unconditionally keep Bookzzy indemnified in this regard.

4.5 Your right to access and use the Website or Platform or avail the Services is specific to You and is not transferable by You to any other person or entity, except as provided herein. You agree not to disclose your password or other access rights to any third party. You are solely responsible for all activities that occur under your licence to use the Platform and/ or avail the Services.

4.6 You represent and warrant that You own all content that is made available by You in respect of your business, to Users at large and specifically to End-Users. Bookzzy may use such content of Yours you upload solely in connection with providing the Services to you, and for no other reason. You agree that by uploading, importing or otherwise providing any content on or through the Platform or Website, you grant, and have all necessary rights and permissions to grant, to Bookzzy a perpetual, worldwide, non-exclusive, royalty-free license to use, reproduce, process, display, all or any portion of such content, solely in connection with providing the Services to you. This license includes the right to host, index, cache or otherwise format your content in order to provide the Services. You warrant that provision of such content to Bookzzy or Bookzzy’s use thereof will not violate the copyrights, privacy rights, publicity rights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.

4.7 Business understands that, Bookzzy shall not be liable, under any event, for any adverse comments or feedback given by any of the Users on the Platform or Website in relation to the goods or provided by the Business. The option of publishing or modifying or moderating or masking (where required by law or the like) the feedback provided by Users shall be solely at the discretion of Bookzzy.

4.8 BUSINESS’S UNDERTAKING

4.8.1 The Business has and/ or shall take all due approvals, licenses, registrations and the like required under the applicable laws/regulations/guidelines set out by competent authorities in each of the jurisdictions in which it is engaged in providing goods and services to the End-Users. The Business shall at all times ensure that all the applicable laws that govern the Business’s use of the Platform and Services and provision of goods and services to the End-Users are followed and utmost care shall be taken in terms of the consultation/ services being rendered.

4.8.2 The Business acknowledges that Bookzzy shall not be responsible in any manner whatsoever regarding the provision, quality or timeliness of goods and services which the Business is obligated to provide to End-Users as also in respect of any information conveyed, promises, commitments or undertakings made by the Business to End-Users or General Users. The Business agrees to unconditionally indemnify Bookzzy for any claims made on it by any party for any costs, losses, damages or injuries arising out of the Business’s provision of goods & services or out of any information conveyed, promises, commitments or undertakings made by the Business.

4.8.3 The Business acknowledges that it shall be fully responsible for addressing disputes or grievances of any kind raised by End-Users or any third party in connection with Business’s provision of goods & services and shall indemnify Bookzzy fully and unconditionally against any costs, claims or damages arising in this regard.

4.9 USAGE FOR PROMOTIONAL AND MARKETING PURPOSES

4.9.1 Bookzzy reserves the right to use Your name and reference on the Website and other promotional materials of Bookzzy.

4.9.2 Business shall (subject to its reasonable right to review and approve) (a) allow Bookzzy to include a brief description of the services provided by Bookzzy to the Business in Bookzzy’s marketing, promotional and advertising materials; (b) allow Bookzzy to make reference to the Business in case studies, and related marketing materials; (c) serve as a reference to Bookzzy’s existing and potential clients; (d) provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases; (e) make presentations at conferences; and/or (f) use the Business’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.

5. RIGHTS AND OBLIGATIONS RELATING TO CONTENT

5.1 Neither Businesses nor Users shall host, display, upload, modify, publish, transmit, update or share any information on the Platform or Website that:

5.1.2 All the statements in this Privacy Policy apply to all End-Users, and all End-Users are therefore required to read and understand the privacy statements set out herein prior to submitting any Personal Information or Sensitive Personal Data or Information on the Platform or Website, failing which they are required to cease access to the Platform or Website, forthwith.

5.1.3 If You have inadvertently submitted any such information prior to reading the privacy statements set out herein, and You do not agree with the manner in which such information is collected, processed, stored, used or disclosed, then You may access, modify and delete such information by using options provided on the Platform or Website.

5.1.4 End-Users’ personally identifiable information, which they choose to provide on the Platform or Website is used to help the End-Users describe/identify themselves and/ or to create their account on the Platform. Other information that does not personally identify the End-Users as an individual, is collected from End-Users (such as, patterns of utilization described above) and is exclusively owned by Bookzzy. Bookzzy may also use such information in an aggregated or non-personally identifiable form for research, statistical analysis and business intelligence purposes, and may sell or otherwise transfer such research, statistical or intelligence data in an aggregated or non-personally identifiable form to third parties and affiliates. In particular, Bookzzy reserves with it the right to use anonymized End-User demographics information and other relevant information for the following purposes:
i. Analyzing software usage patterns for improving product design and utility.
ii. Analyzing such information for research and development of new technologies.
iii. Using analysis of such information in other commercial product offerings of Bookzzy.
iv. Sharing analysis of such information with Businesses or other third parties for commercial use.

5.1.5 Bookzzy will communicate with the End-Users through email, phone and notices posted on the Platform or Website or through other means including text and other forms of messaging. The End-Users can change their e-mail and contact preferences at any time by logging into their Account with the Platform, and changing the account settings.

5.1.6 Bookzzy may, from time to time, conduct surveys to collect information about End-Users' preferences. These surveys are optional and if End-Users choose to respond, their responses will be kept anonymous although responses may be aggregated for analytical and other purposes.

5.1.7 End-Users acknowledge that Businesses would, in the course of providing goods and services to them, be accessing and processing the data provided by them including Personal Information or Sensitive Personal Data or Information. Bookzzy has no role to play in such access and requires the Businesses to do so strictly in accordance with any policy they might have and subject to Applicable DP Law and other applicable law. You acknowledge that Bookzzy has no liability in this regard and undertake that you shall not make any claim against Bookzzy as a result of Businesses accessing and processing End-User data.

5.1.8 Bookzzy shall utilize in any manner any transactional data/ information of the End-User with the Business. The Business shall be solely responsible for accessing, maintaining and processing such information in accordance with its contractual understanding with the End-User, Applicable DP Law and applicable law.

5.1.9 Bookzzy would not use Personal Information or Sensitive Personal Data or Information to train its AI models, unless expressly authorized by You. Subject to this restriction, Bookzzy may use other information available with it, for this purpose.

5.1.10 All Bookzzy employees and data processors, who have access to, and are associated with the processing of sensitive personal data or information, are obliged to respect the confidentiality of every End-Users’ Personal Information or Sensitive Personal Data and Information. Bookzzy has put in place procedures and technologies as per good industry practices and in accordance with Applicable DP Law and other applicable laws, to maintain security of all personal data from the point of collection to the point of destruction. Any third-party data processor to which Bookzzy transfers Personal Data shall have to agree to comply with those procedures and policies, or put in place adequate measures on their own. Notwithstanding what is stated herein, in respect of transactional data/ information of the End-Users with the Business(es), the Business(es) shall be solely responsible for maintaining the confidentiality of such data in accordance with its/ their contractual understanding with End-Users, Applicable DP Law and other applicable law.

5.1.11 Bookzzy may also disclose or transfer End-Users’ personal and other information to a third party as part of reorganization or a sale of the assets of a Bookzzy corporation division or company. Any third party to which Bookzzy transfers or sells its assets to will have the right to continue to use the personal and other information that End-Users provide, in accordance with the Terms of Use and this Privacy Policy.

5.1.12 To the extent necessary to enable the End-Users to use the Website or Platform or avail of the services of the Businesses, Bookzzy may provide their Personal Information to third party contractors who work on behalf of or with Bookzzy to help Bookzzy communicate with End-Users or to maintain the Platform or Website. Generally these contractors do not have any independent right to share this information, however certain contractors who provide services on the Platform or Website, including the providers of online communications services, may use and disclose the personal information collected in connection with the provision of such services of theirs, in accordance with their own privacy policies. In such circumstances, You consent to Us disclosing Your Personal Information to contractors, solely for the intended purposes only.

5.1.13 If You send us a request (for example via a support email or via one of Our feedback mechanisms), We reserve the right to publish it in order to help Us clarify or respond to Your request or to help Us support other End-Users.

belongs to another person and over which the Business or User does not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
is misleading, deceptive or fraudulent or otherwise illegal or promotes illegal activities, including engaging in phishing or otherwise obtaining financial or other personal information in a misleading manner or for fraudulent or misleading purposes;
harms minors in any way;
stalks or otherwise harasses anyone on the Website or with information obtained from the Website;
collects, uses or discloses data, including personal information, about persons without their informed consent or for unlawful purposes or in violation of applicable law or regulations;
requests, solicits or otherwise obtains access to usernames, passwords or other authentication credentials from any User for the purposes of automating logins to the Site;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the intended addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
includes personal or identifying information about another person in a manner that employs misleading email or IP addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Website to users;
impersonates another person, including, without limitation, an employee or representative of Bookzzy, or any other person, or falsely states or otherwise misrepresents one’s affiliation with any person or entity, or to obtain access to the Website or Platform or a portion thereof without proper authorization;
interferes or attempts to interfere with the proper working of the Website or Platform or prevents others from using these , or in a manner that disrupts the normal flow of dialogue with an excessive number of messages (flooding attack) to the Website or Platform, or that otherwise negatively affects other persons’ ability to use the Website or Platform, or inadvertently or intentionally disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website or Platform or any other site or system in use by another User;
uses any manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Website or Platform or the content contained therein;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

5.2 Businesses and Users are also prohibited from:

violating or attempting to violate the integrity or security of the Platform or Website whether by attempting to gain/ gaining unauthorized access to the computer systems of Bookzzy or engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Platform or Website;
transmitting any information (including job posts, messages and hyperlinks) on or through the Platform or Website that is disruptive or competitive to the provision of Services by Bookzzy;
accessing the Website or Platform for the purposes of building a product using similar ideas, features, functions, interface or graphics as those found in the Website or Platform;
accessing the Website or Platform for the purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes
intentionally submitting on the Platform or Website any incomplete, false or inaccurate information or uploading any content or computer code for the purposes of: (i) causing a breach of security to the Platform or Website; (ii) interfering with the proper working, functionality or performance of the Platform or Website; or (iii) preventing others from accessing or using the Platform or Website;
making any unsolicited communications to other Users including any form of advertising or solicitation to users who have explicitly requested not to be contacted about other services, products or commercial interests, including engaging in spamming, “chain letters”, “pyramid schemes”, advertisement of illegal or controlled products or services, or other advertising or marketing activities that violate this Agreement, the Privacy Policy or any applicable laws, regulations or generally-accepted advertising or marketing industry guidelines;
using any engine, software, tool, agent or other device or mechanism (such as robots or intelligent agents) to navigate or search the Platform or Website;
misusing or otherwise abusing in any manner, any APIs which it is made privy to, including, without limitation, indulging in any scraping, reverse engineering, violating rate limits and the like;
attempting to decipher, decompile, disassemble or reverse engineer any part of the Software;
copying or duplicating in any manner any part of the Software including archiving, storing, reproducing, rearranging, modifying, downloading, uploading, creating derivate works from, displaying, performing, publishing, distributing, redistributing or disseminating all or any part of the Website or Platform;
framing or hot linking or deep linking any content on the Platform or Website.
circumventing or disabling any digital rights management, usage rules, or other security features of the Software.

5.3 Bookzzy, upon becoming aware by itself or through an affected person in writing or through email about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Bookzzy shall also be entitled to preserve such information and associated records for production to regulatory or governmental authorities for investigation purposes.

5.4 In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the SaaS Terms of Use of the Platform and the Privacy Policy) by the Business or a User, Bookzzy has the right to immediately terminate the access or usage rights of the Business or User to the Platform or Website and to remove non-compliant information therefrom.

5.5 Bookzzy may disclose or transfer Business or User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and You hereby consent to such transfer. Bookzzy shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Bookzzy as mandated by applicable law, only if such transfer is necessary for the performance of the lawful contract between Bookzzy or any person on its behalf and the Business or User as the case may be, or where the Business or User has consented to the data transfer.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 “Intellectual Property” of Bookzzy shall mean and include Bookzzy’s and/ or its licensors’ interest in any and all intellectual and industrial property of any kind, with regard to the Platform, Website and Services, protected or protectable in any jurisdiction throughout the world, including, without limitation: (a) all software, computer programs, layouts, interfaces, templates, workflows, algorithms, automations, AI models, applications and tools, and code of all types, including object and source code, and including ephemeral aspects, “look and feel”, graphic design and user interface design (b) all database layouts and data structures (whether or not subject to copyright protection) (c) all literary, graphical, pictorial, artistic, audio-visual and other works, including apps, webpages and webpage designs, templates, scripts, and similar material, and all compilations of any of the foregoing including the “look and feel” (d) all common law trade-marks, registered trade-marks, trade-mark applications, trade names, business names, corporate names, service marks, certification marks, trade dress, logos and other marks, and the goodwill associated with any of the foregoing (e) all registered domain names (f) all patents, inventions, discoveries, arts, systems, methods, processes, machines, manufactures, developments and improvements (g) all copyrights, copyright registrations and applications for copyright registration (h) all formulae, confidential information, proprietary information, trade secrets and know how; and (j) any other works or other subject-matter that is subject to intellectual or industrial property protection under the laws of any jurisdiction throughout the world, in all cases whether or not registrable, registered or the subject of applications for registration.

6.2 Notwithstanding anything contained anywhere in this Agreement, it is explicitly clarified that all the rights and title in the Intellectual Property of the Platform and Website shall always remain the exclusive property of Bookzzy or its licensors. The Business and Users shall only be entitled to usage of the Platform and access to the Website in accordance with the terms and conditions of this Agreement.

6.3 Business(es) and Users shall not copy, modify, distribute, reverse-engineer, or exploit any part of the Platform or Website.

6.4 You acknowledge that any ideas, suggestions, concepts, processes or techniques which you provide to Bookzzy related to the Services, Platform, the Website or its business (“Feedback”) shall become Bookzzy’s property without any compensation or other consideration payable to you by Bookzzy, and you do so of your own free will and volition. Bookzzy may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Bookzzy may decide into the Website, the Platform, Services or any related documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to Bookzzy in any such feedback and, as applicable, waive any moral rights.

6.5 Any website brand of the Business, unique UIUX of the Business website and User or End-User database and information (including data or information uploaded by End-Users) and any marketing assets will belong to the Business exclusively and will under no circumstances be shared with anyone by Bookzzy, without the prior written consent of the Business except where mandated by a regulatory, governmental or judicial process.

7. TERMINATION

7.1 Bookzzy reserves the right to suspend or terminate a Business or User's access to the Platform, Website or Services with or without notice and to exercise any other remedy available under law, in cases where

i. Such Business or User breaches any terms and conditions of the Agreement;
ii. The Business violates the SaaS Terms of Use of the Platform including any terms of payment
iii. A third-party reports violation of any of its rights as a result of the Business or User’s use of the Platform, Website or Services;
iv. Bookzzy has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such Business or User

7.2 Once temporarily suspended, indefinitely suspended or terminated, the Business or User may not continue to use the Platform or Website. The User shall not attempt to use the Platform or Website under the same account, a different account or re-register under a new account. On termination due to the reasons mentioned herein, the Business or User shall, after a 30-day window period provided to retrieve personal and proprietary data, no longer have access to data, messages, files and other material kept on the Platform or Website by such Business or User.

8. LIMITATION OF LIABILITY

8.1 Bookzzy does not guarantee uninterrupted access to or error-free functioning of the Platform or the Website. Without limiting the generality of the foregoing, Bookzzy shall not be responsible for any electronic miscommunications, utility or communication failures, failure/crash of the Platform or any technical hardware or software belonging to the Business(es) or Users and any purported costs or losses resulting therefrom.

8.2 In no event, including but not limited to negligence, shall Bookzzy, or any of its affiliates, directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or avail of the Services or use the Website or the content, materials and functions related thereto, the Services, User's provision of information via the Platform or Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. Without limiting the generality of the foregoing, in no event shall the Protected Entities be liable for:

i. provision of or failure to provide all or any goods or services by Businesses to End- Users contacted or managed through the Website or Platform;
ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website or Platform;
iii. any unauthorized access to or alteration of Your transmissions or data;
iv. any telecommunications failure or cloud service downtime; or
v. any other matter relating to the Platform or the Website or the Services.

Without prejudice to the generality of the foregoing,

i. in no event shall the Protected Entities have any monetary liability to a User for any damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User's use of the Platform or Website or the Services.
ii. in no event shall the total aggregate liability of the Protected Entities to a Business for any damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or the Business's use of the Platform or Website or the Services exceed the Fees payable under the Saas Terms of Use of the Platform and actually paid by You in the 12 months immediately preceding any claim made by You for any costs, losses or damages.

The foregoing limitations shall also apply with respect to any losses, costs or damages incurred by reason of any content or services provided on any third-party sites or otherwise provided by any third parties other than Bookzzy and received by you through or advertised on the Platform or Website or received by you on any third-party sites. You also agree that Bookzzy will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with any advertisers on the Website or as the result of the presence of such advertisers on the Website.

9. POLICY

Without prejudice to anything stated elsewhere in this Agreement, You agree to indemnify, defend, and hold harmless Bookzzy and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) arising out of or relating to this Agreement or the Site, including but not limited to in relation to: (a) your use, non-use or misuse of, or connection to the Platform or Website, the Services and any content, including without limitation your content and any third party content, forming part of the Platform or Website; (b) your breach or alleged breach of this Agreement; and (c) your violation of any rights, including intellectual property rights, of a third party. Bookzzy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Bookzzy and you agree to cooperate with Bookzzy’s defense of these claims. You agree not to settle any matter without the prior written consent of Bookzzy. Bookzzy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

10. PRIVACY AND DATA HANDLING

10.1 Any data residing on the Platform that is accessible to Bookzzy is handled in accordance with the Privacy Policy

10.2 Businesses are solely responsible for obtaining consent of End-Users and following applicable law in this regard, before storing and/ or processing the data provided by them on the Platform, in connection with the rendering of goods and services by the Businesses. Businesses acknowledge that Bookzzy shall have no responsibility or liability in this regard.

10.3 Any personal or other data provided by End-Users belongs to them and shall be used by Businesses in accordance with applicable law and primarily for the purpose of enabling them to avail of the goods and services provided/ to be provided to End-Users by Businesses.

10.4 Aggregated & anonymized data of End-Users may be used by Bookzzy for the purpose of business analytics and profiling, in accordance with the Privacy Policy and subject to applicable law. Any results of such analytics, and such other output generated by Your use of the Website, Platform and/or the Services during the term of this Agreement, shall belong to Bookzzy.

11. RETENTION AND REMOVAL

Bookzzy may retain such information collected from Businesses or Users from the Platform, Website or Services for as long as legally necessary, depending on the type of information; purpose, means and modes of usage of such information. Computer web server logs may be preserved as long as administratively necessary.

12. APPLICABLE LAW AND DISPUTE SETTLEMENT

12.1 You agree that this Agreement is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages.

12.2 You agree that this Agreement and any contractual obligation between Bookzzy and You will be governed by the laws of India.

12.3 Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or Your use of the Platform or Website or the Services, shall be determined by arbitration in India, before a sole arbitrator. The appointment of the Arbitrator and the conduct of Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The venue and seat of such arbitration shall be Chennai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

12.4 Subject to the above Clause 11.2, the courts at Chennai, India shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, Your use of the Platform, Website or the Services or the information to which it gives access.

13. SURVIVING PROVISIONS

Provisions relating to (a) uploading or submission of content by You, (b) “Intellectual Property Rights”, (c) Confidentiality, (d) Disclaimers, Limitation of Liability and Indemnity, (e) Third Party Sites and Content, (f) “Applicable Law and Dispute Settlement”, (g) “Severability” (h) “Waiver” and any other provisions that by their nature are intended to survive will survive any actual or purported termination or expiration of this Agreement and shall continue in full force and effect.

14. MANNER OF GIVING NOTICE

Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv) the first business day after sending by email. Billing-related notices to You shall be addressed to the relevant billing contact designated by you. All other notices to You shall be addressed to the relevant contact designated by you.

15. CONTACT INFORMATION: GRIEVANCES

15.1 If a Business or User has any questions or grievance concerning Bookzzy, the Platform, Services, the Website or this Agreement or anything related to any of the foregoing, Bookzzy customer support can be reached at the following email address: support@bookzzy.com

16. RECORD

16.1 This Agreement is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

17. SEVERABILITY

If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

18. WAIVER

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Bookzzy. Any consent by Bookzzy to, or a waiver by Bookzzy of any breach by You, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

19. ASSIGNMENT

Bookzzy may assign this Agreement at any stage to any of its successors or transferee entities and this Agreement will continue to be binding on Businesses and Users vis a vis such assignee.

20. FORCE MAJEURE

Bookzzy shall not be liable for any default or delay in performance of any of its obligations hereunder if such default or delay is caused by any event beyond its reasonable control- including, but not limited to, acts of God; war or insurrection; civil commotion; destruction of essential facilities or materials by earthquake, fire, flood or storm; State action or regulation, labour disturbance/ disputes; strikes or lock-outs, epidemic/ pandemic, curfew, lockdown, terrorism; or other similar event – provided, however, that Bookzzy shall use its best efforts to avoid, remove, or alleviate such causes of non-performance and shall continue performance hereunder with the utmost dispatch whenever such causes are removed.