TERMS OF USE

This website (www.zibagrowth.com), including the whole or any part of the web pages located at the website, layout of this website, individual elements of this website’s design, underlying code elements of the website, or text, sounds, graphics, animated elements or any other content of this website and associated mobile applications (collectively, the “Website”) is operated by Ziba Growth (“we”, or “us” or “our”).

By accessing this Website you, the user of the Website (the “User”, or “you” or “your”) accept and agree to be bound by and to comply with (i) these Terms of Use; and (ii) the Privacy Policy available on the Website.

General Terms

• By using this Website, the User expressly represents that he/she has read and understood these Terms of Use and agrees to be bound by these Terms of Use. Furthermore, by using this Website, the User expressly represents that (i) he/she has the capacity to be bound by these Terms of Use; (ii) if he/she is acting on behalf of a company or other entity, then he/she has the relevant authority to bind such company or entity; (iii) he/she will not violate any of our rights, including intellectual property rights such as copyright or trademark rights; and (iv) he/she has not been or is not suspended or removed from the Website by us for any reason.

• We reserve the right to add, alter, modify, change or vary the information, material and content (including downloadable material and content) (“Content”) provided on the Website, including these Terms of Use, at any time without prior notice.

• The User shall not link the homepage or any other parts of this website without prior written consent from us.

No Business Relationship

• This website has been created as a source of general information about us and the services provided by it to Users and should not be treated as advice by us to the Users. By using, accessing, or seeking any information from the Website, the User accepts that he/she is using the Website of his/her own volition.

• The Contents of this Website that are referred to, relied upon or used in any manner by the User do not constitute a principal-agent or any other business relationship between the User and us and do not constitute services provided by us to the User.

Content on the Website

• The Content provided on the Website is intended to be a general information resource and is provided solely on an “as is” basis and is not intended to constitute or substitute any professional advice.

• We are not responsible for and does not guarantee correctness, accuracy, completeness, reliability and timeliness of the Content available on the Website.

• It should be noted that the Content may become out of date. The User should make his/her assessment of the Content and rely on it at his/her own risk. We shall not be liable to the User for any errors in the Content or if the Content is not up-to-date.

Links to External Websites

• The Website may contain links to websites operated by other parties (“External Websites”). The External Websites are not under our control.

• The External Links should not be considered as referrals to or endorsements of the linked entities by us. We are not responsible for and makes no representations or warranties with respect to (i) the contents of the websites to which links may be provided from this Website, or (ii) other such websites or links may be active or always available.

• The User agrees and acknowledges that we shall not be liable with regard to the User’s access to and use of such External Websites and the consequences of such access or use.

Proprietary Rights & Intellectual Property Rights

• The Website and the Content are our exclusive property. We have the title, interest and all rights to the Website and the Content. Users are prohibited from using the Website and the Content for commercial purposes. The User agrees not to duplicate, store, sell, distribute, transmit, or publish any content or information available on the Website for commercial use unless authorized in writing by us.

• The Website is our copyright and is protected by applicable copyright laws. All rights are reserved. The User shall not reproduce, duplicate, distribute or modify the design of the Website or the content contained therein, except with our written permission.

• The User is prohibited from using our trademark, logo, or service mark. Any such use by the User may be considered a violation of applicable laws related to trademarks and passing off.

No Warranties

• By accessing, using, or relying on the Website, the User agrees that we are not liable in tort, contract or otherwise for any direct, indirect, consequential, incidental or special damages accrued to the User due to access or use of the Website or the Content contained therein.

• No material may be modified, edited or taken out of context such that its use creates a false or misleading statement or impression as to our position, statements or actions.

• We do not represent or warrant that the Website will be available or will meet the User’s requirements, that access will be uninterrupted, that there will be no delays, failures, errors or omissions or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to User’s computer system. The User has the sole responsibility for adequate protection and backup of data and/or equipment and to take reasonable and appropriate precautions to scan for computer viruses or other destructive properties.

No Liabilities

• We are not responsible for and will not be liable to the User or anyone else for any damages or other amounts whatsoever (including but not limited to direct, indirect, incidental, special, consequential, exemplary or punitive damages) arising out of or in connection with User’s use of or inability to use the Website or the information contained therein, or any action or decision made by User in reliance on the Website or the information contained therein, or any unauthorized use or reproduction of the Website or the information therein, even if we have been advised of the possibility of these damages.

• The User understands that the Website is used by him/her solely at his/her own risk, cost and liability.

Termination of Access

• The User agrees that we, with or without any reason, may immediately terminate his/her access to the Website without prior notice. Without limiting the foregoing, we may terminate or temporarily suspend the User’s access to the Website if he/she (i) breaches or violates these Terms; (ii) there is a request by law enforcement or other government agencies; or (iii) in case of unexpected technical issues or problems.

• Users agree that all terminations of access to the Website shall be made at our sole discretion and that we shall not be liable in any manner whatsoever to either him/ her or any third party for any termination of access to this Website.

Jurisdiction

• We cause the control and maintenance of this Website from India. We make no representations that the information and material contained in this Website are appropriate or permitted for use in jurisdictions outside India.

• The Terms of Use are governed by the laws of India without giving effect to any principles of conflicts of laws.

• The usage of the Website by the User is subject to the exclusive jurisdiction of the courts located in Bengaluru, Karnataka without prejudice to our right to take action in any jurisdiction whatsoever.

Investigations

• We reserve the right to investigate complaints or reported violations of these Terms of Use and to take any action we deem necessary and appropriate. Such action may include but not be limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to the User’s profiles, e-mail addresses, usage history, IP addresses and traffic information.

Legal Remedies

• We reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use by the User.