13th June 2025
These Terms of Service (these “Terms”) are a binding contract between you and Zyeal Veloce Private Limited (“we”, “us”, “our”, or “ZYEAL”). The Terms apply to your access to, and your use of our website at www.eyescount.com (our “Website”), our mobile applications (our “App”), and our other online products or services that link to these Terms (collectively, the “Services”) through our Website or App. Notwithstanding the foregoing, if you have been presented through the Services, and agreed to, separate Community Terms governing a Community (each as defined in Section 6.4 below), then such terms will govern with respect to your access to and use of such Community only.
PLEASE READ THESE TERMS CAREFULLY.
BY ACCEPTING THESE TERMS, EITHER BY CLICKING “I ACCEPT,” OR BY OTHERWISE ACCESSING OR USING OUR SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE OR CONSENT TO BE BOUND BY THESE TERMS EITHER (A) ON BEHALF OF YOURSELF AS AN INDIVIDUAL, OR (B) IF YOU ARE ACCESSING THE SERVICES ON BEHALF OF AN ENTITY, ORGANIZATION, OR COMPANY, ON BEHALF OF SUCH ENTITY, ORGANIZATION OR COMPANY FOR WHICH YOU ACT, AND YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ORGANIZATION OR COMPANY TO THESE TERMS. IF YOU ARE NOT ELIGIBLE OR IF YOU DO NOT AGREE WITH OR CONSENT TO BEING BOUND BY ANY OF THE TERMS, YOU ARE NOT AUTHORIZED TO USE OUR SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THE PROCESSING OF YOUR PERSONAL INFORMATION IN CONNECTION WITH THE SERVICES IN ACCORDANCE WITH OUR PRIVACY POLICY (AVAILABLE AT https://eyescount.com/privacy), WHICH IS HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS.
ARBITRATION NOTICE: YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS DESCRIBED IN SECTION 12 (DISPUTE RESOLUTION; BINDING ARBITRATION) AND UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS PROVIDED THEREIN, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS. ADDITIONALLY, YOU AND ZYEAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:
You acknowledge that these Terms are between you and ZYEAL only, not with Apple, and Apple is not responsible for any App or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any App. In the event of any failure of any App to conform to any applicable warranty, then you may notify Apple and request that Apple refund the purchase price for the relevant App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to any App. Apple is not responsible for addressing any claims by you or any third party relating to any App or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that any App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that any App or your possession and use of any App infringes that third party’s intellectual property rights. You will comply with any applicable third-party terms when using any App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of this section of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this section of these Terms against you as a third-party beneficiary of these Terms.
You hereby represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties. If ZYEAL provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.
ZYEAL hereby grants you a personal, non-exclusive, non-transferable, limited license to: (a) use the Services in accordance with these Terms; and (b) download and install an instance of the App onto your mobile device. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained directly from the Services. Further, you may not reproduce any part of the Services and any such violation with respect to the Services will terminate the license(s) granted herein.
You hereby grant ZYEAL a non-exclusive, worldwide, royalty-free, fully paid, sublicensable, fully transferable, irrevocable (except with respect to personal information to the extent required by applicable law) license and right to collect, access, use, derive, disclose, generate, transfer, transmit, store, host, or otherwise process (“Process”) data, information, and other content and materials (including, but not limited to, text, messages, audio content, video, images, or other works) submitted to the Service, or stored or otherwise Processed by the Service in connection with your use thereof (“Your Content”) together with data concerning use or performance of the Service (“Usage Data”): (a) during any period in which you access or use the Service (including pursuant to an agreement between you and the creator of a Community), for the purpose of exercising ZYEAL’s rights and performing its obligations under these Terms and any agreement with the creator of that Community (including, without limitation, to provide the Service) and (b) in perpetuity, in a form that does not identify you as the source thereof and does not otherwise constitute personal information, to develop and improve ZYEAL’s products and services and for all other lawful business practices, such as analytics, benchmarking, and reports.
You are solely responsible for ensuring that use of the Service to store and transmit Your Content is in compliance with all applicable laws and regulations. ZYEAL is under no obligation to edit or control Your Content that you post or publish, and will not be in any way responsible or liable for the foregoing. ZYEAL may, however, at any time and without prior notice, screen, remove, edit, or block any of Your Content that violate these Terms or that are otherwise objectionable in ZYEAL’s sole judgment.
You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from our Services; and (c) your registration and your use of the Services comply with all applicable laws and regulations.
The Services as well as any materials provided, contained in or made available for use in connection with the Services (collectively, the “ZYEAL Materials”) are protected by law, including, but not limited to Indian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. All rights, title, and interest (including all copyrights, trademarks, and other intellectual property rights) in the Services and the ZYEAL Materials, including any and all names, designs, graphics, data, images, pictures, logos, and icons on the Services and the ZYEAL Materials, belong to ZYEAL or its third-party licensors. The compilation of all content, including the look and feel of the Services, is the exclusive property of ZYEAL. Except as may be expressly provided herein, nothing contained in these Terms or elsewhere shall be construed as ZYEAL conferring any license or right, by implication, estoppel, or otherwise, under copyright, trademark, or other intellectual property rights, to the Services or any of the ZYEAL Materials to you. You may not, without the permission of ZYEAL, “mirror” any of the ZYEAL Materials on any other server. Any unauthorized use of any of the ZYEAL Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and subject you to civil and criminal prosecution.
The trademarks, service marks, and logos, including but not limited to ZYEAL’s name, logo, and all related names, logos, and service names, service marks, designs, and slogans (the “Trademarks”) used and displayed on the Services (including the ZYEAL Materials) are registered and unregistered Trademarks of ZYEAL or others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services (including the ZYEAL Materials), without the written permission of the Trademark owner. ZYEAL’s Trademarks may not be used in any way without prior written permission of ZYEAL. ZYEAL prohibits the use of ZYEAL’s name or Trademarks as a “hot” link to any website unless ZYEAL first approves the establishment of such a link.
All submissions, suggestions, ideas, and other feedback regarding the Services (the “Submission”), except your personal information, communicated to ZYEAL, including through the Services, is and shall become the sole and exclusive property of ZYEAL. ZYEAL is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future ZYEAL endeavors. ZYEAL will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not ZYEAL, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright. ZYEAL has the right but not the obligation to monitor and edit or remove any activity or content in accordance with our Privacy Policy (available at https://eyescount.com/privacy). ZYEAL takes no responsibility and assumes no liability for any content posted by you or any third party.
The Services are controlled and operated by ZYEAL from its offices within the United States. ZYEAL makes no representation that any of the Services or ZYEAL Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
As a specific condition of your use of any of the Services, you explicitly agree not to, and not to permit any third party to: (a) use any of the Services for any purpose that is unlawful or prohibited by these Terms; (b) intentionally submit or transmit inaccurate information through the Services; (c) impersonate or pretend to be anyone else while using the Services; (d) use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services; (e) attempt to gain unauthorized access to ZYEAL computer systems or networks connected to ZYEAL, through hacking, password mining or any other means; (f) attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way; (g) obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services; (h) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; (i) introduce any malicious or technologically harmful material into our Services; (j) develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and (k) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
The software you download in connection with the App may consist of a package of components, including certain third-party software provided under separate license terms. Your use of the third-party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted; however, you may have broader rights under the applicable third-party terms, and nothing in these Terms is intended to impose further restrictions on your use of the third-party software.
The Services may contain links to or from third-party websites. ZYEAL has no control over the content or privacy policies of third-party websites that you may link to from the Services or their advertisers. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. ZYEAL is not responsible for any third party’s failure to establish or abide by its or our Privacy Policy. Check the privacy policy for each website that you visit prior to submitting any personal information. Links to third-party websites do not imply endorsement of the websites by ZYEAL.
You understand that by using the Services, you may encounter data, information, applications, materials, and other content from third parties (collectively, “Third-Party Materials”), and data, information, applications, materials, and other content from ZYEAL, that may contain errors, be offensive, indecent, or objectionable. You use the Services and rely upon any Third-Party Materials at your sole risk. ZYEAL will not have any liability to you for any Third-Party Materials that may be found to be offensive, indecent, inaccurate, incomplete, untimely, invalid, illegal, of poor quality, or otherwise objectionable.
Part of the Service includes enabling certain third parties to form communities (each, a “Community”), and to make these Communities available to others on the Service. In order to access any Community, you must first agree to that Community’s terms and conditions and privacy notices (“Community Terms”). By participating in any such Community or by accepting the Community Terms, you thereby signify that you have read and agree to such Community Terms.
We prohibit any sexual content or suggestive content, and predatory or inappropriate behavior involving minors (i.e., users under 18 years old) or someone who appears to be a minor. This includes sharing, offering, or asking for child exploitation content, including child sexual abuse material. If you are unsure about a piece of content involving a minor, do not share it. To report sexual, suggestive, or inappropriate behavior by minors, you can use the in-line report feature on the website or app. When child sexual exploitation content is identified, the violative content is removed as soon as possible, and the related account is banned. If we confirm the presence of child sexual abuse material, we take the steps required by law to preserve and refer the relevant content to appropriate authorities.
These Terms are effective and were last updated as of the revision date at the beginning of these Terms. At any time, ZYEAL may revise these Terms at our sole discretion. If we make changes, we will post the revised Terms and update the revision date above. We may, but are not required to, notify you by sending an email notification to the address associated with your account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of the Services following a revision constitutes your agreement to the revisions. ZYEAL expressly reserves the right to terminate or discontinue any of the Services at any time and for any reason, with or without notice to you.
We comply with the provisions of the Information Technology Act, 2000 (IT Act), applicable to Internet service providers. The Services are subject to our policy. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify us in accordance with that policy.
THE SERVICES, ZYEAL MATERIALS, AND ALL CONTENT THEREIN ARE PROVIDED BY ZYEAL ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES AND ZYEAL MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) INFORMATION COMMUNICATED THROUGH THE SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, RELIANCE ON, AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL, AND/OR DATA. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY, OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. ZYEAL MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS.
ZYEAL DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES OR MATERIALS PROVIDED, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES.
ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH PARTICIPATION IN ANY OFFERINGS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. ZYEAL DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS OR POLICIES AND OTHER TERMS OR CONDITIONS OF USE OR SERVICE. ZYEAL IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS.
WE ATTEMPT TO DISPLAY THE MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES AS ACCURATELY AS POSSIBLE. BUT WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
EXCEPT AS PROVIDED IN SECTIONS 12.5 (COMMENCING ARBITRATION) AND 12.7 (ARBITRATION RELIEF) AND TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL ZYEAL OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, MEMBERS, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES. ZYEAL’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR ANY USE OF (OR INABILITY TO USE) THE SERVICE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FORESEEABLE, WILL NOT EXCEED US$100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
ZYEAL IS NOT AFFILIATED WITH ANY THIRD-PARTY SERVICES ACCESSED OR MADE AVAILABLE ON THE SERVICE OR ANY THIRD PARTY USING THE SERVICE, INCLUDING OTHER USERS. ANY DISPUTE YOU HAVE WITH ANY THIRD-PARTY SERVICES OR OTHER THIRD PARTY USING THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY COMMUNITY OR A CREATOR OR USER OF A COMMUNITY, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY. YOU IRREVOCABLY RELEASE ZYEAL FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. IN SUCH INSTANCE, YOU AGREE TO HOLD ZYEAL HARMLESS AND RELEASE ZYEAL FROM ANY ASSOCIATED CLAIMS.
Except as described in Section 12.2 (Exceptions) and 12.3 (Opt-Out), you and ZYEAL agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.
YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND ZYEAL ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) file suit in a court of law to address an intellectual property infringement claim.
If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 12 within 30 days after the date that you agree to these Terms by sending a letter to ZYEAL, Attention: Arbitration Opt-Out, Zyeal Veloce Pvt. Ltd., B 62, Palace Orchard Kolar Road India, Bhopal, Madhya Pradesh, India, 462042 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once ZYEAL receives your Opt-Out Notice, this Section 12 will be void, and any action arising out of these Terms will be resolved as set forth in Section 13 (Governing Law and Venue). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
This arbitration agreement, and any arbitration between us, is subject to arbitration in India under the Arbitration and Conciliation Act, 1996.
Before initiating arbitration, a party must first send a written notice of the dispute to the other party by electronic mail (“Notice of Arbitration”). ZYEAL’s address for notice is: Zyeal Veloce Pvt. Ltd., B 62, Palace Orchard, Kolar Road, Bhopal, Madhya Pradesh, India, 462042. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement within 30 days, you or ZYEAL may commence arbitration. Costs and fees will be governed by the Indian Arbitration and Conciliation Act, 1996.
All arbitration hearings will take place in Bhopal, Madhya Pradesh, India, unless agreed otherwise. For claims of US$500 or less, you may choose the manner of arbitration: (a) solely on documents; (b) telephonic or video hearing; or (c) in-person hearing. Arbitrators must issue a reasoned written decision.
Except as provided in Section 12.8, the arbitrator can award any relief available in a court of competent jurisdiction. If the award exceeds the last written settlement offered by ZYEAL, ZYEAL will pay the higher of the award or US$500. The arbitrator’s award is final and binding, subject to judicial review only as permitted by law.
YOU AND ZYEAL AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY. Arbitrators may not consolidate multiple claims or preside over any class or representative proceedings.
If ZYEAL makes substantive changes to this arbitration provision, you may reject the change within 30 days by sending written notice to ZYEAL’s address for Notice of Arbitration. Your account will then be terminated, but the prior arbitration provision will survive.
If Section 12.8 or all of Section 12 is unenforceable, or if ZYEAL receives an Opt-Out Notice, this Section 12 will be null and void, and Section 13 (Governing Law and Venue) will govern disputes.
These Terms and your use of the Services are governed by the laws of the Republic of India. Any dispute not subject to arbitration shall be resolved in the courts of Bhopal, Madhya Pradesh, India.
ZYEAL may terminate your access to the Services at any time, without notice, and will have no liability for such termination. You will not be entitled to a refund of any amounts already paid.
If any term is held invalid or unenforceable, that term will be severable and will not affect the validity or enforceability of other provisions.
These Terms may not be assigned by you without ZYEAL’s prior written consent. ZYEAL may assign these Terms in the event of a sale, merger, or acquisition.
By using the Services, you consent to receiving electronic communications for operational, informational, or legal purposes. Your digital consent satisfies any statute or rule requiring written communication.
These Terms constitute the entire agreement between you and ZYEAL regarding the Services. No waiver of any provision constitutes a waiver in any prior or subsequent circumstance. These Terms do not confer third-party beneficiary rights.
If you have questions or concerns, contact us:
Email: info@scip.co
Zyeal Veloce Pvt. Ltd., B 62, Palace Orchard, Kolar Road, Bhopal, Madhya Pradesh, India, 462042