Zealous Terms and Conditions of Use
Welcome to the Zealous Terms and Conditions of Use (the “Terms”). This is a contract between you and Zealous - FZE and we want you to know your and our rights before you use the Zealous website (the “Website”) or application (the “App”) (together, the “Sites”). Please take a few moments to read these Terms before enjoying the App, because once you access or use the App, you are going to be legally bound by these Terms (so probably best to read them first!).
1. WHO WE ARE AND HOW TO CONTACT US
Zealous is operated by Zealous - FZE, a company located in Technohub, Dubai Silicon Oasis, Dubai, United Arab Emirates. When we mention “we”, “us” or “our” in these Terms, we are referring to Zealous.
To contact us, please email email@example.com.
2. ZEALOUS RULES
Before you can use the App, you will need to register for an account (“Account”). To create an Account you must:
be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country; and
be legally permitted to use the App by the laws of your home country.
Keep your account details safe
If you choose, or you are provided with, a user identification code, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third-party.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, please let us know at firstname.lastname@example.org.
You might not want to be on Zealous anymore
You might not be right for Zealous
We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal, or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these Terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.
3. TYPES OF CONTENT
There are three types of content that you will be able to access on the App:
content that you upload and provide (“Your Content”);
content that members provide (“Member Content”); and
content that Zealous provides (including, without limitation, database(s) and/or software) (“Our Content”).
There is certain content we can’t allow on Zealous. We want our users to be able to express themselves on Zealous, but we have to impose restrictions on certain content which:
contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
encourages or provides instruction of any form to any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
is defamatory or libelous;
relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
involves the transmission of “junk” mail or “spam”;
contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Zealous or otherwise;
itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
shows another person which was created or distributed without that person’s consent;
is harmful to minors; or
impersonates any other person, including falsely stating your name, skills or experience.
Zealous operates a zero-tolerance policy for this kind of content.
As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Whenever you post Your Content or contact other users on the App, you must comply with these Terms. You warrant that any such contribution does comply with the standards set under these Terms, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Sorry that was a bit of a mouthful, but you are what you post!
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As Zealous is a public community, Your Content will be visible to other users of the App - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other Zealous Users). Any content you upload to our App will be considered non-confidential and non-proprietary. By uploading Your Content on Zealous, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
If you wish to contact us in relation to the content you uploaded to the App, you may do so at email@example.com.
You are solely responsible for securing and backing up Your Content. We do not have any obligation to store Your Content - if it’s important, you should make a copy.
Other members of Zealous will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users’ Member Content, and you may only use other Zealous users’ personal information to the extent that your use of it is aligned to Zealous’ purpose of facilitating people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
You may be wondering what happens to the rest of the Content on Zealous. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on Zealous, as well as the Zealous software and database(s), are owned, controlled or licensed by us and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times. In other words, we are the owner or the licensee to all intellectual property rights related to the Sites and the materials published on it. The works are protected by copyright laws and treaties around the world. All such rights are reserved. You must not modify the paper or digital copies of Our Content in any way, and you must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on the Sites must always be acknowledged (except where the content is user-generated). You must not use any part of the content on the Sites for commercial purposes without obtaining a license to do so from us or our licensors. If you print off, copy, download, share or repost any part of the Sites in breach of these Terms, your right to use the Sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
you will not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
you will not use our name in metatags, keywords and/or hidden text;
you will not transmit any worms or viruses or any code of a destructive nature
you will not create derivative works from Our Content or scrape, disable, decompile, analyze or in any way commercially exploit Our Content, in whole or in part, in any way; and
you will not use Our Content for any illegal or unauthorized purpose nor will you, in the use of Our Content, violate any laws in your jurisdiction (including, but not limited to, copyright laws).
We reserve all other rights granted to us by any applicable law.
Do not rely on information on the Sites. We have no obligation to pre-screen content. Since Zealous is an online community, we generally try to avoid getting in the way and therefore don’t assume any obligation to pre-screen any of Your Content or any Member Content. The content on the App are not verified or approved by us. The views expressed by other users on the App do not represent our views or values. However, there may be times where we need to step in, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages.
The content on the Sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action based on the content on the Sites. Although we make reasonable efforts to update the information on the Sites, we make no representations, warranties, or guarantees, whether express or implied, that the content on the Sites is accurate, complete, or up to date.
We don’t control what users say or do so you are solely responsible for your interactions on the App. You understand that we do not currently conduct criminal background checks on the users of the App. We also do not inquire into the backgrounds of the users or attempt to verify their statements.
We make no representations or warranties as to the conduct of any users or to the compatibility with any current or future users. We reserve the right to conduct any criminal background check or other screenings at any time and to use available public records for any purpose.
You agree to, and hereby do, release us and our successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that either directly or indirectly arises from your interactions with or conduct of other users on the App.
4. RESTRICTIONS ON THE APP
You agree to:
comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
use your real name and be honest with your skills and experience in creating your Zealous account and on your profile; and
use the services in a professional manner.
You agree that you will not:
act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
disclose information that you do not have the consent to disclose;
stalk or harass any other user of the App;
create or operate a pyramid scheme, fraud or other similar practice, or;
develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-ons or other technology) to scrape or otherwise exfiltrate from Zealous or its services, or otherwise copy profiles and other data from the services;
solicit others to perform or participate in any unlawful acts; or
submit false or misleading information on the App.
We don’t like users misbehaving in the Zealous community. You can report any abuse or complain about Member Content by contacting us and outlining the abuse and/or complaint. You can also report or block a user in chat by clicking the ‘Report' and/or 'Block’ option in the chat options. We reserve the right to investigate any possible violations of these Terms, any Zealous user’s rights, or any third-party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice, as set out in these Terms, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the App.
If you become aware of any unlawful activity taking place on our Sites, please contact us at firstname.lastname@example.org.
No text or data mining, or web scraping. Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.
By using the Sites you undertake that you shall not conduct, facilitate, authorize, or permit any text or data mining or web scraping in relation to the Sites or any services provided via, or in relation to the Sites. This includes using (or permitting, authorizing, or attempting the use of):
Any "robot", "bot", "spider", "scraper" or other automated devices, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor, or republish any portion of the site or any data, content, information, or services accessed via the same.
Any automated analytical technique aimed at analyzing text and data in digital form to generate information that includes, but is not limited to, patterns, trends and correlations.
The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of any applicable law. This section shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.
6. PAYMENT TERMS
In-App Purchase: Zealous may offer products and services for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
You may make an In-App Purchase through the following payment methods (in each case, a “Payment Method”): (a) making a purchase through a third-party platform such as Stripe (“Third Party Store”), or (b) paying with your credit card, debit card, or PayPal account, which will be processed by a third-party processor. Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
Subscriptions and Auto-Renewal: Zealous may offer some services as automatically-renewing subscriptions, e.g. a one-week subscription, one-month subscription, or three-month subscription (“Premium Services”). IF YOU PURCHASE AN AUTOMATICALLY RENEWING SUBSCRIPTION, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT THE THEN-CURRENT PRICE FOR SUCH SUBSCRIPTIONS. To avoid charges for a new subscription period, you must cancel your Premium Services, as described below, before the end of the then-current subscription period. Deleting your account or deleting the application from your device does not cancel your subscription. You will be given notice of changes in the pricing of the Premium Services to which you have subscribed and an opportunity to cancel. If Zealous changes these prices and you do not cancel your subscription, you agree that you will be charged at the then-current pricing for subscription.
Canceling Subscriptions. If you purchased a subscription directly from Zealous, you may cancel or change your Payment Method via the payment settings option under your profile. If you purchased a subscription through a Third Party Store, such as the Apple App Store or the Google Play Store, you will need to access your account with that Third Party Store and follow instructions to change or cancel your subscription. If you cancel your subscription, you may use your subscription until the end of the period you last paid for, but (i) you will not (except as set forth in the subsection titled “Refunds” below) be eligible for a prorated refund, (ii) your subscription will not be renewed when that period expires and (iii) you will then no longer be able to use the Premium Services or In-App Purchases enabled by your subscription.
Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a paid subscription and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a paid subscription, your paid subscription will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. Deleting your account or deleting the application from your device does not cancel your free trial. If you have signed up for a free trial through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a subscription and charged as described in this paragraph.
Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods.
To request a refund: In addition to canceling, you must request a refund to receive one. If you subscribed using your Apple ID, refunds are handled by Apple, not Zealous. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com.
For all other purchases: please contact us at email@example.com with your order number (you can find the order number in the order confirmation email, or if you purchased from the Google Play Store by logging in to Google Wallet). Please also include the email address or mobile number associated with your account along with your order number.
7. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Zealous services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at firstname.lastname@example.org.
THE SITES, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY CONNECTIONS.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE OR THAT YOUR USE OF THE APP OR WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, WEBSITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR WEBSITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. ZEALOUS IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. ZEALOUS DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
9. LIMITATION OF LIABILITY
NEITHER US NOR ANY OWNER WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, WEBSITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR WEBSITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND WEBSITE.
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
All the actions you make and information you post on the Sites remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
any negligent acts, omissions or willful misconduct by you;
your access to and use of the Sites;
the uploading or submission of Content to the Sites by you;
any breach of these Terms by you; and/or
your violation of any law or of any rights of any third-party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defense of any relevant claim.
The foregoing provision does not require you to indemnify Zealous or any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
11. FORCE MAJEURE
Zealous will not be held liable for any delay or failure to perform any obligation related to the Sites if the delay or failure is due to unforeseen events that are beyond the reasonable control of Zealous, including, without limitation, acts of God, strikes, blockade, war, terrorism, riots, natural disasters, epidemic, pandemic, or governmental action, and other industrial disputes, breakdown of information communication technology systems or network access, flood, fire, explosion or accident.
12. THIRD-PARTY APP STORE
The following additional terms and conditions apply to you if you download the App from a Third-Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third-Party Store. You acknowledge and agree that:
These Terms are concluded solely between you and Zealous and not with the providers of the Third-Party Store, and Zealous (and not the Third-Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third-Party Store from which you obtain the App, the more restrictive or conflicting term of the Third-Party Store will take precedence and will apply.
The Third-Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. Zealous is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third-Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Zealous.
Zealous, not the Third-Party Store provider, is responsible for addressing any claims you or any third-party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
The Third-Party Store provider and its subsidiaries are third-party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third-Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
In the event of a conflict between a Third-Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third-Party Store or mobile carrier shall govern, and control should they be more restrictive. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third-Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
13. DISPUTE RESOLUTION
Any dispute arising out of or in connection with these terms, including any question relating to their existence, validity, or termination, shall be referred to and finally resolved by arbitration in the Abu Dhabi Global Market. The number of arbitrators shall be one and the language to be used in the arbitral proceedings shall be English. The law governing the terms shall be the substantive law of the Abu Dhabi Global Market. The seat (the legal place) of arbitration shall be the Abu Dhabi Global Market and the Arbitration Regulations of the Abu Dhabi Global Market in force at the date of the reference to arbitration shall apply.
14. TERMINATION AND REMEDIES
These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.
If you want to terminate these Terms, you may do so by (a) notifying us at any time, and (b) closing your Account. Your notice should be sent to the our Zealous email address mentioned below. Please note that if you terminate these Terms, your subscription will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in the subsection titled “Refunds”.
Zealous may terminate or suspend these Terms, including your Account, if you breach these Terms, as per our sole discretion, or if we are required to do so by applicable law. You agree that all terminations for cause shall be made at our sole discretion and that Zealous shall not be liable to you or any third-party for any termination of your Account.
In the event that Zealous determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conducted inappropriate for the Sites, we reserves the right to proceed with all or any of the following: (a) warn you via email (to any email addresses you have provided to Zealous) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your subscription(s); (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which we deem to be appropriate.
Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.
There are a few more things we need to mention before you can use Zealous.
All provisions under these Terms shall survive termination of these Terms, including and without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
We have taken reasonable steps to ensure the currency, availability, correctness, and completeness of the information contained on Zealous and provide that information on an "as is", and "as available" basis. Zealous does not give or make any warranty or representation of any kind about the information contained on the Sites, whether express or implied. Use of the Sites and the materials available on them is at your sole risk. Zealous is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content.
We are not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
The communications between you and Zealous may take place via electronic means, whether you use the Sites or send Zealous emails, or whether we post notices on the Sites or communicate with you via email. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy if it were to be in writing.
We stay away from viruses, and so should you. You are responsible for taking all necessary precautions to ensure that any material you may obtain from the Sites are free of viruses or other harmful components. You accept that the Sites will not be provided uninterrupted or error-free, that defects may not be corrected, or that the Sites, or the server that make it available, are free of viruses or bugs, spyware, Trojan horse, or any similar malicious software. We do not guarantee that our Sites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Sites. You should use your own virus protection software.
You must not misuse our Sites by knowingly introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Sites, the server on which our Sites are stored, or any server, computer, or database connected to our Sites. You must not attack our Sites via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offense under the applicable laws. We will report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Sites will cease immediately.
We may suspend or withdraw our Sites. We do not guarantee that our Sites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
We know our Terms are awesome, but we may have to change them now and again. As Zealous grows, we may have to make changes to these Terms so we reserve the right to modify, amend or change the Terms at any time (in each case “Change” and together the “Changes”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email to you notifying you of a Change. It’s also possible that we might ask you to agree to our Changes. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
We may also transfer our rights and obligations under these Terms to another organization. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.
Your continued use of the Sites following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Zealous immediately (uh oh, that’s going to be hard!).
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
By using the Sites, you agree and acknowledge that Zealous is a UAE-based app operating through servers located in a number of countries around the world. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, by choosing to upgrade the services you use, or by making use of the applications available on Zealous, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
the availability or accuracy of such websites or resources; or
the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
If you have any questions, complaints or claims with respect to the App, please contact us at email@example.com.
16. Binding Effect
The Terms constitute a binding legal agreement between you as a user (“you”) and Zealous - FZE (“we” or “us”). Zealous - FZE with address Technohub, Dubai Silicon Oasis, Dubai, United Arab Emirates.
These Terms were last updated on: November 7th, 2022.