Terms And Conditions

Welcome to ZapBook.in

This document is an electronic record in terms of the Information Technology Act, 2000, and rules there under, as applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011, that require publishing the rules and regulations, privacy policy and user agreement for access or usage of https://www.zapbook.in as well as other laws as outlined below:

Effective since Dec 2016

Praeeo Technologies Pvt. Ltd. is the author and publisher of the internet resource https://www.zapbook.in. ZapBook owns and operates the services provided through the Website applications.

  1. Nature and applicability of terms

    Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at https://www.zapbook.in/home/privacy (“Privacy Policy”) before you decide to access the Website or avail the services made available on the Website by ZapBook. Your use of the services constitutes your acceptance of and agreement to all of the terms and conditions in these terms of service and your representation that you are 18 years of age or older. If you object to anything in these terms of service, you are not permitted to use the services. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and ZapBook in connection with your visit to the Website and your use of the Services (as defined below).

  2. Conditions of use

    You must be 18 years of age or older to register, use the Services, or visit or use the Website in any manner. By registering, visiting and using the Website or accepting this Agreement, you represent and warrant to ZapBook that you are 18 years of age or older, and that you have the right, authority and capacity to use the Website and the Services available through the Website, and agree to and abide by this Agreement.

  3. Terms of use applicable to all users other than professionals

    The terms in this paragraph are applicable only to Users other than Professionals.

    End-user account and data privacy

    • The terms “personal information” and “sensitive personal data or information” are defined under the SPI Rules, and are reproduced in the Privacy Policy.

    • ZapBook may by its Services, collect information relating to the devices through which you access the Website, and anonymous data of your usage. The collected information will be used only for improving the quality of ZapBook’s services and to build new services.

    • The Website allows ZapBook to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of booking appointments and for obtaining feedback in relation to the Professionals and their practice.

    • The Privacy Policy sets out :

      i. The type of information collected from Users, including sensitive personal data or information;

      ii. The purpose, means and modes of usage of such information;

      iii. How and to whom ZapBook will disclose such information; and,

      iv. Other information mandated by the SPI Rules.

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

      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; and

      v. the various rights available to such Users in respect of such information.

    • ZapBook shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to ZapBook or to any other person acting on behalf of ZapBook.

    • The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Website. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify ZapBook of any actual or suspected unauthorized use of the User’s account or password. Although ZapBook will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ZapBook or others due to such unauthorized use.

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

    • ZapBook may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.

    • It is your responsibility to keep your correct mobile number and email ID updated in the Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. ZapBook is not responsible for any loss or inconvenience caused due to your non-updation of your contact details for the Account.

    • ZapBook uses industry–level security and encryption to your Health Account. However, ZapBook cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to https://www.zapbook.in.

    • Unless otherwise agreed by ZapBook in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use. You acknowledge that ZapBook does not provide any of these services as a service provider, but is merely acting as a platform for clients to meet the professionals.

    • ZapBook does not have control over the quality, suitability, reliability, timing, durability, legality, failure to provide, or any other aspect whatsoever of any wellness Services provided by Professionals nor of the integrity, responsibility or any of the actions or omissions whatsoever of any Professionals. ZapBook makes no representations or warranties whatsoever with respect to wellness Services offered or provided by Professionals or requested by Clients through use of the Services, whether in public, private, or offline interactions, or about the accreditation, registration or licensing of any Professional. You understand that ZapBook does not routinely screen its Users, inquire into the background of its Users or attempt to verify information provided by any User. ZapBook does not verify or confirm that any User is who they claim to be or is accurately representing themselves and does not verify or confirm any representations with respect to Services. ZapBook does not assume any responsibility for the accuracy or reliability of this information or any information provided through the Services.

    • Some Professionals may require you to provide ZapBook with your credit card information in order to book an appointment or for eConsultation. Your credit card information is securely stored and only charged upon completion of the Service, or if you cancel or don’t show up for the appointment, in accordance with the cancellation policy of the Professional posted on their ZapBook page at the time of your booking, at the Professional’s discretion. ZapBook never shares the credit card information you enter on our Website or through our Services with any Professional. ZapBook facilitates the payment transaction as per these Terms between you and each Professional, but is not responsible for mediating any resulting disputes. ZapBook has no obligation to provide refunds or credits, but may grant them in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by ZapBook, in each case in ZapBook’s sole discretion.

    • You are responsible for obtaining the data network access necessary to use the Services. Your mobile network's data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. ZapBook does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

    Ranking algorithm

    ZapBook’s ranking algorithm for the Professionals is a fully automated system that lists the Professionals, their profile and information regarding their Practice on its Website. These listings of Professionals do not represent any fixed objective ranking or endorsement by ZapBook. ZapBook will not be liable for any change in the ranking of the Professionals, which may take place from time to time. The listing of Professionals will be based on automated computation of the various factors including inputs made by the Users including their recommendations, comments and feedback. The ranking alogorithm is proprietary technology and cannot be disclosed in full. Such factors may change from time to time, in order to improve the listing algorithm. ZapBook in no event will be held responsible for the accuracy and the relevancy of the listing order of the Professionals on the Website.

    Listing content and disseminating information

    ZapBook collects, directly or indirectly, and displays on the Website, relevant information regarding the profile and practice of the Professionals listed on the Website, such as their area of expertise, qualification, fees, location, visiting hours, and similar details. ZapBook takes reasonable efforts to ensure that such information is updated at frequent intervals. Although ZapBook screens and vets the information and photos submitted by the Professionals, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

    Appointment booking and interaction with professionals

    • While ZapBook will try to ensure a confirmed appointment for a End-User who requested an appointment on Website, ZapBook does not guarantee that a user will get a confirmed appointment. Further, ZapBook has no liability if such appointment is confirmed but later cancelled by Professionals or Providers, or the Professionals are not available as per the given appointment time.

    • You will be only entitled to refund or cancellation as per the refund and Cancellation Policy of ZapBook available at https://www.zapbook.in return.

    • Without prejudice to the generality of the above, ZapBook will not be liable for:

      i. Any wrong wellness treatment or of its quality being given by the Professional(s), or any negligence on part of the Professional(s);

      ii. Any type of inconvenience suffered by the User due to a failure on the part of the Professional to provide agreed services or to make himself/herself available at the appointed time, no show by the Professional, inappropriate treatment, or similar difficulties;

      iii. Any misconduct or inappropriate behavior by the Professional or the Professional’s staff. ZapBook makes certain conditions to be strictly followed by the Professionals, including but not limited to, masseurs. However, ZapBook, in no way assumes any liability in case of a breach of the basic etiquettes to be followed at home either by the user or the professional;

      iv. Cancellation or rescheduling of booked appointment or any variance in the fees charged;

      v. Any medical eventualities that might occur subsequent to using the services of a Professional, whom the User has selected on the basis of the information available on the Website or with whom the User has booked an appointment through the Website.

  4. Terms of use professionals

    The terms in paragraph are applicable only to professionals.

    Listing policy

    ZapBook, directly and indirectly, collects information regarding the Professionals’ profiles, contact details, and practice, and publishes these details on the Website. On a Professional’s request, ZapBook may take down any part of such Professional’s profile on the Website, provided, however, that ZapBook shall at no time be under any obligation to take down publicly available information about a Professional, his/her profile, contact details and/or practice. All information regarding the Professionals’ profiles,contact details, and practice is collected for the purpose of facilitating interaction between and among End-Users, members of the public and Professionals. If any information displayed on the Website in connection with you and your profile is found to be incorrect, you are required to inform ZapBook immediately to enable ZapBook to make the necessary amendments.

    ZapBook shall not be liable and responsible for the ranking of the Professionals on external websites and search engines.

    ZapBook shall not be responsible or liable in any manner to the Users for any losses, damage, injuries or expenses incurred by the Users as a result of any disclosures or publications made by ZapBook, where the User has expressly or implicitly consented to the making of disclosures or publications by ZapBook. If the User had revoked such consent under the terms of the Privacy Policy, then ZapBook shall not be responsible or liable in any manner to the User for any losses, damage, injuries or expenses incurred by the User as a result of any disclosures made by ZapBook prior to its actual receipt of such revocation.

    ZapBook reserves the right to moderate the suggestions made by the Professionals through feedback and the right to remove any abusive or inappropriate or promotional content added on the Website. However, ZapBook shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Professionals are added to the Website.

    ZapBook reserves the right to publish the User information to a third party, subject to prior explicit informed consent from the User.

    You as a Professional hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and ZapBook accepts no liability for the same.

    Profile ownership and editing rights

    ZapBook ensures easy access to the Professionals by providing a tool to update your profile information. ZapBook reserves the right of ownership of all the Professional’s profile and photographs and to moderate the changes or updates requested by Professionals. However, ZapBook takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using ZapBook’s services, and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, ZapBook may modify or delete parts of your profile information at its sole discretion with or without notice to you.

    If ZapBook determines that you have provided inaccurate information or enabled fraudulent feedback, ZapBook reserves the right to immediately suspend any of your accounts with ZapBook and makes such declaration on the website alongside your name/your clinics name as determined by ZapBook for the protection of its business and in the interests of Users. You shall be liable to indemnify ZapBook for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected ZapBook or its Users.

    Ranking algorithm

    ZapBook has designed the ranking algorithm in the best interest of the End-User and may adjust the ranking from time to time to improve the quality of the results given to the users. It is a pure merit driven, proprietary ranking algorithm which cannot be altered for specific Professionals. ZapBook shall not be liable for any effect on the Professional’s business interests due to the rank of the doctor in the Ranking Algorithm.

    Independent services

    Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by ZapBook.

    Professional hereby represents and warrants that he/she

    i. is qualified to provide the services within the territory of India;

    ii. has obtained all licenses as required by law to provide the services and has not committed any act or omission that might prejudice its continuance or renewal; and

    iii. has provided ZapBook true, accurate, complete and up to date details about their qualification and credentials.

    Professionals shall promptly renew their licenses required to provide the services and notify ZapBook about the same.

    ZapBook reserves the right to terminate any account of the Professional in case:

    i. the Professional breaches any terms and conditions of this terms of use or privacy policy or applicable laws;
    ii. ZapBook is unable to verify or authenticate any information provided to it by a Professional; or
    iii. ZapBook in its sole and absolute discretion believes that actions of the Professional may cause legal liability for ZapBook or other Users and / or may adversely affect the services rendered by ZapBook.

    Professional hereby agrees that, for any User that contacts the Professional using ZapBook Consult, only he/she shall be allowed to perform the services for the User and that the Professional may under no circumstances be permitted to transfer the performance of Your Services to any other person, whether under their supervision or not. The Professional accepts all responsibility and liability for the use of ZapBook Consult, including the performance of its services, by any other party claiming to be the Professional and hereby agrees to indemnify ZapBook against any claim or loss that may be faced by ZapBook consequent to such use.

    Professional hereby agrees to hold in strictest confidence all information provided by a User to him/her under all circumstances. Professional agrees that he/she shall not disclose any information or documentation provided by a User to any other person, nor shall he/she allow, by act or omission, such information or documentation to be acquired by any other person.

    Professional agrees to render his/her services and fulfill their obligations towards their users using their best efforts, skill and ability.

    Professional hereby agrees to assign to ZapBook in perpetuity all intellectual property rights residing in the responses provided by him/her for use by ZapBook worldwide.

    Professional hereby agrees not to seek the contact details of any User or to contact any User except through the Doctor App.

  5. ZapBook sponser rights

    ZapBook reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, ZapBook will not be liable for the accuracy of information or the claims made in the Sponsored Listings. ZapBook does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. ZapBook will not be liable for the services of the providers of the Sponsored Listings.

    You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and ZapBook accepts no liability for the same.

  6. ZapBook accounts

    By creating an account with ZapBook you are granted a right to use the Services provided by ZapBook subject to the restrictions set forth in these Terms of Service and in the Privacy Policy (which is incorporated herein and is a part of these Terms of Service) and any other restrictions stipulated to you by us in writing.

    In registering for an Account, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process and as requested from time to time by ZapBook (such information, "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Services, or otherwise advise us promptly in writing of any changes or updates to your Registration Data. You further give consent and authorize us to verify your Registration Data as required for your use of and access to the Services. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file of the professional, may result in your inability to access and use the Services or ZapBook’s termination of this Agreement with you.

    Once you subscribe to the Services, you shall receive a unique user ID and password in connection with your Account (collectively referred to herein as "Account IDs"). You are required to select an appropriate and non-offensive user ID for your Account; we reserve the right to remove or reclaim any user ID if we believe, in our sole discretion, the user ID is inappropriate, offensive or confusing or potentially violates the rights of a third party (such as when a trademark owner provides notice that a user ID is similar to the trademark and the user ID does not closely relate to the User's actual name).

    You agree to maintain your Account solely for your own use. You agree that you will not allow another person to use your Account IDs to access or use the Services under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your Account IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your Account IDs, your disclosure of your Account IDs, or your authorization to allow another person to access or use the Services using your Account IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your Account including any charges incurred relating to the Services. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Services cannot be guaranteed.

    As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a "Third Party Account") by either:

    (i) providing your Third Party Account login information through the Services; or

    (ii) allowing ZapBook to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to ZapBook and/or grant ZapBook access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating ZapBook to pay any fees or making ZapBook subject to any usage limitations imposed by such third party service providers. By granting ZapBook access to any Third Party Accounts, you understand that (i) ZapBook may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "SNS Content") so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) ZapBook may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Submissions for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services.

    Please note that if a Third Party Account or associated service becomes unavailable or ZapBook’s access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your ZapBook Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. ZapBook makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and ZapBook is not responsible for any SNS Content.

    You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. At your request made via email to zapbook@praeeotech.com , ZapBook will deactivate the connection between the ZapBook Services and your Third Party Account and delete any information stored on ZapBook's servers that was obtained through such Third Party Account, except the username and profile picture that become associated with your Account.

    If you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service.

    You can terminate your Account at any time; and ZapBook reserves the right, in its sole discretion, to terminate your Account if you violate these Terms of Service or for any reason or no reason at any time.

  7. Access to ZapBook.in

    You acknowledge that the operation of the Services may from time to time encounter technical or other problems and may not necessarily continue uninterrupted or without technical or other errors and ZapBook shall not be responsible to you or others for any such interruptions, errors or problems or an outright discontinuance of the Services.

    We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will endeavor to provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.

  8. License for website access:

    This website or any portion of this website (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of ZapBook and / or its affiliates, as may be applicable.

    You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of https://www.zapbook.in and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising ZapBook's or its affiliates' names or trademarks without the express written consent of ZapBook and / or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by ZapBook and / or its affiliates, as applicable.

    You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of https://www.zapbook.in as long as the link does not portray ZapBook, their affiliates, or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any ZapBook logo or other proprietary graphic or trademark as part of the link without express written consent of ZapBook and / or its affiliates, as may be applicable.

  9. Promotional codes

    ZapBook may, in ZapBook’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider's services, subject to any additional terms that ZapBook establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes:

    (i) must be used for the intended audience and purpose, and in a lawful manner;

    (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by ZapBook;

    (iii) may be disabled by ZapBook at any time for any reason without liability to ZapBook;

    (iv) may only be used pursuant to the specific terms that ZapBook establishes for such Promo Code;

    (v) are not valid for cash; and

    (vi) may expire prior to your use. ZapBook reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that ZapBook determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

  10. Implementation, registration and payment terms

    Professionals may use the Services to offer wellness Services only through their business or personal website or software application (a "Professional Site") and we reserve approval authority as to the implementation and use of the Services on the Professional Site. We may suspend the Services in the event we find any implementation issues with the Professional Site. Such suspension shall remain in effect until the Professional corrects any issues specified by ZapBook and a suspension shall not relieve a Professional of its payment obligations under these Terms of Service.

    Each Professional authorizes us to confirm that the credit card account associated with their Account and used in connection with the Services is and remains in good standing with a financial institution as long as the Professional are using the Services. Each Professional authorizes us to obtain credit reports or other background inquiries from time to time to assess the Professional’s eligibility to continue use of the Services. ZapBook is not liable for any losses relating to chargebacks, fraudulent charges, or other actions by any User that are deceptive, fraudulent or otherwise invalid ("Fraudulent Actions"). By using the Services, you hereby release ZapBook from any liability arising from Fraudulent Actions. You will also use best efforts to promptly notify ZapBook of any Fraudulent Actions which may affect the Services. ZapBook reserves the right, in its sole discretion, to terminate the account of any User that engages in, or enables any other User to engage in, Fraudulent Actions.

  11. Reviews, comments, communications and other content

    Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. https://www.zapbook.in reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of https://www.zapbook.in violates these Conditions of use and, or terminate your permission to access or use this website.

    If you do post content or submit material, and unless we indicate otherwise, you

    (a) grant ZapBook and its affiliates a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and

    (b) ZapBook and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
    You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to ZapBook, including the execution of deeds and documents, at its request.
    You represent and warrant that you own or otherwise control all of the rights to the content that you post or that you otherwise provide on or through the website; that, as at the date that the content or material is submitted to https://www.zapbook.in:
    (i) the content and material is accurate;

    (ii) use of the content and material you supply does not breach any applicable https://www.zapbook.in policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory);

    (iii) the content is lawful. You agree to indemnify ZapBook and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.

  12. Service use changes to the services

    We may change, modify, suspend, or discontinue all or any part of the Services at any time, with or without reason. ZapBook has no obligation to maintain or update the Services or to continue producing or releasing new versions of the Services.

    As a User of the Services, you agree to follow all applicable rules and laws and take full responsibility for any promotion you offer via the Services. You will not in your use of the Services cause nuisance, annoyance, inconvenience, or property damage, whether to the Third Party Provider or any other party. In certain instances you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to or use of the Services if you refuse to provide proof of identity.

    As mandated by Regulation 3(2) of the IG Rules, ZapBook hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

    i. belongs to another person and to which the User does not have any right to;
    ii. 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;

    iii. harm minors in any way;

    iv. infringes any patent, trademark, copyright or other proprietary rights;

    v. violates any law for the time being in force;

    vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

    vii. impersonate another person;

    viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

    ix.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 cognisable offence or prevents investigation of any offence or is insulting any other nation.

    Users are also prohibited from:

    i. Violating or attempting to violate the integrity or security of the Website or any ZapBook Content;

    ii. Transmitting any information (including job posts, messages and hyperlinks) on or through the Website that is disruptive or competitive to the provision of Services by ZapBook;

    iii.Intentionally submitting on the Website any incomplete, false or inaccurate information;

    iv. Making any unsolicited communications to other Users;

    v. Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website;

    vi. Attempting to decipher, decompile, disassemble or reverse engineer any part of the Website;

    vii. Copying or duplicating in any manner any of the ZapBook Content or other information available from the Website;

    viii. Framing or hot linking or deep linking any ZapBook Content.

    When you publish content or information using the "public" setting, it means that everyone, including people outside of the ZapBook community, will have access to that information and we may not have control over the usage of such information in any manner by any person whosoever.14.5 ZapBook will make all endeavours to keep ZapBook safe and spam free, but we do not provide any guarantee with respect to keeping ZapBook safe and spam free. In order to help us do so, you agree not to:

    i. Send or otherwise post unauthorized commercial communications (such as spam) on ZapBook

    ii. Collect Users' content or information, or otherwise access ZapBook, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission.

    iii. Engage in unlawful multi-level marketing, such as a pyramid scheme, on ZapBook.

    iv. Upload viruses or other malicious code.

  13. Termination

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

    i. Such User breaches any terms and conditions of the Agreement;

    ii. A third party reports violation of any of its right as a result of your use of the Services

    iii. ZapBook is unable to verify or authenticate any information provide to ZapBook by a User;

    iv. ZapBook has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or

    v. ZapBook believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for ZapBook or are contrary to the interests of the Website.

    Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Website under the same account, a different account or re-register.

    under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the Website by such User. The User shall ensure that he/she/it has continuous backup of any medical services the User has rendered in order to comply with the User’s record keeping process and practices.

  14. Disputes between registered users

    Subject to the provisions regarding disputes between Website participants in connection with Feedback, your interactions with individuals and/or organizations found on or through the Website, including payment of and performance of any Service, and any other terms, conditions, warranties or representations associated with such transactions or dealings, are solely between you and such individual or organization. You should take reasonable precautions and make whatever investigation or inquiries you deem necessary or appropriate before proceeding with any online or offline transaction with any third party, including without limitation, service professionals and Service Users.

    You understand that deciding whether to use the Services of a Service Professional or provide Services to a Service User or use information contained in any Submitted Content, including, without limitation, Postings, Offers, Wants and/or Feedback, is your personal decision for which alone are responsible. You understand that ZapBook does not warrant and cannot make representations as to the suitability of any individual you may decide to interact with on or through the Website and/or the accuracy or suitability of any advice, information, or recommendations made by any individual. While ZapBook may attempt to seek information about the background of a Service Professional, either via a telephonic or in-person interview, review of past work/customer feedback and/or check presence online (if available) on Facebook, personalised website, LinkedIn, Twitter etc., you understand that Service Professionals may register themselves suo moto. You also understand that any so called background check undertaken by ZapBook is not exhaustive to the extent to determine previous criminal antecedents and hence, at the end of the day, the Service User should take an informed decision on his/her own accord and keep in mind the fact that ZapBook only seeks to provide a platform wherein Service Users and Service Professionals have an opportunity to meet each other.

  15. Dispute between registered user and ZapBook

    If a dispute arises between you and ZapBook, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and ZapBook hereby agree that we will resolve any claim or controversy at law and equity that arises out of the Terms of Use or the Website in accordance with this Section or as we and you otherwise agree in writing. Before resorting to the filing of a formal lawsuit, we strongly encourage you to first contact us directly to seek a resolution via e-mail at zapbook@praeeotech.com. The dispute shall be resolved through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  16. Claims against objectionable content

    Because https://www.zapbook.in lists a lot of service providers on the website and hosts many thousands of comments, it is not possible for us to be aware of the veracity of each professional’s claim listed on the services being offered on https://www.zapbook.in, or each comment or review that is displayed. Accordingly, https://www.zapbook.in operates on a "notice and takedown" basis. Therefore if ZapBook receives any notice for take down from a “competent authority”, ZapBook undertakes to take down the service listed on its website. Any liability of ZapBook as an aggregator of professional services is limited only to such extent of “notice and takedown”.

    ZapBook shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.

    ZapBook May Choose to Monitor User Content: ZapBook does not approve, control, or endorse your or anyone else's User Content and has no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use.

  17. Copyright, authors' rights and database rights

    All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ZapBook, its affiliates or its content suppliers and is protected by India and international copyright, authors' rights and database right laws. The compilation of all content on this website is the exclusive property of ZapBook and its affiliates and is protected by laws of India and international copyright and database right laws. All software used on this website is the property of ZapBook, its affiliates or its software suppliers and is protected by India and international copyright and author' rights laws.

    You may not systematically extract/ or re-utilise parts of the contents of the website without ZapBook and / or its affiliate's (as may be applicable) express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without ZapBook and / or its affiliate's (as may be applicable) express written consent. You may also not create and/ or publish your own database that features substantial (eg: prices and product listings) parts of this website without ZapBook and / or its affiliate's (as may be applicable) express written consent.

  18. Intellectual property claims

    ZapBook and its affiliates respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please follow our Notice and Procedure for Making Claims of Right Infringements.

  19. Trademarks

    https://www.zapbook.in, ZAPBOOK, THE ZAPBOOK LOGO and other marks indicated on our website are trademarks or registered trademarks of https://www.zapbook.in, Inc. or its subsidiaries (collectively "ZapBook"), in India and/or other jurisdictions. zapbook.in's graphics, logos, page headers, button icons, scripts and service names are the trademarks or trade dress of ZapBook. ZapBook's trademarks and trade dress may not be used in connection with any product or service that is not ZapBook's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ZapBook. All other trademarks not owned by ZapBook that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by ZapBook.

  20. Patents

    One or more patents apply to the website and to the features and services accessible via the website, including without limitation: [Insert Details] and all corresponding foreign counterparts.

  21. Disclaimers; limitation of liability; indemnity.

    Disclaimer

    ZapBook provides an interactive online service owned and operated by "Praeeo Technologies Pvt. Ltd." through the Website on the World Wide Web of the Internet (the "Web" or "Internet"), consisting of information services, content and transaction capabilities provided by "Praeeo Technologies Pvt. Ltd." , its subsidiaries and its associates with whom it has business relationships ("Business Associates") including but not limited to third parties that provide services in relation to creation, production or distribution of content for the Website ("Third Party Content Providers"), third parties that provide advertising services to "Praeeo Technologies Pvt. Ltd." ("Third Party Advertisers") and third parties that perform function on behalf of "Praeeo Technologies Pvt. Ltd." like sending out and distributing our administrative and promotional emails and sms ("Third Party Service Providers"). This Agreement sets forth the terms and conditions that apply to the use of this Website by the User.

  22. Limitation of liability

    ZapBook shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data, personal injury, or property damage related to, in connection with, or otherwise resulting from any use of the services, even if ZapBook has been advised of the possibility of such damages. ZapBook shall not be liable for any damages, liability or losses arising out of:

    (i) your use of or reliance on the services or your inability to access or use the services; or

    (ii) any transaction or relationship between you and any third party provider, even if ZapBook has been advised of the possibility of such damages. ZapBook shall not be liable for delay or failure in performance resulting from causes beyond ZapBook's reasonable control.

    You agree that ZapBook has no responsibility or liability to you related to any hair, health and other wellness services provided to you by third party providers other than as expressly set forth in these terms.

    The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under applicable law.

  23. Indemnity

    You agree to indemnify and hold ZapBook and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:

    (i) your use of the Services or services or goods obtained through your use of the Services;

    (ii) your breach or violation of any of these Terms;

    (iii) ZapBook's use of your User Content; or

    (iv) your violation of the rights of any third party, including Third Party Providers.

    In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
    Email: zapbook@praeeotech.com

    In the event you suffer as a result of access or usage of our Website by any person in violation of Rule 3 of the IG Rules, please address your grievance to the above person.

  24. 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.

  25. Waiver

    If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

  26. Dispute resolution

    Arbitration.

    You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration between you and ZapBook, except that each party retains the right to bring an individual action and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.

    Arbitration rules and governing law.

    The arbitration will be administered in accordance with the Arbitration and Conciliation Act, 1996.

  27. Governing law and jurisdiction

    These conditions are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Delhi.