Terms of Service

Rezeets ("Rezeets " or "we") provides Reimbursement management software, invoicing, bill processing, applications and other related financial tools and services. These offerings are provided by Rezeets through an application you download to your mobile device (the "Application") and at the Internet site http://www. Rezeets.com/ (the "Site" and, together with any related software, tools and services provided in connection with the Application or Site, the " Rezeets Service").

Please read carefully the following terms and conditions ("Terms of Service"), as well as the following separate program terms, which are incorporated herein by reference into this Terms of Service: the Privacy Policy (which may be found on our website at http://www.rezeets.com/privacy. These Terms of Service govern your access to and use of the Rezeets Service and all Site Content and constitute a binding legal agreement between you and Rezeets.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "ACCEPT TERMS" BUTTON, REGISTERING FOR AN REZEETS ACCOUNT OR, DOWNLOADING OF THE APPLICATION OR ANY APPLICATION UPGRADES, USING THE APPLICATION ON YOUR MOBILE DEVICE, OR ACCESSING OR USING THE REZEETS SERVICE, OR BY DOWNLOADING, SUBMITTING OR POSTING ANY CONTENT FROM, OR ON, OR THROUGH THE REZEETS SERVICE, OR BY ENTERING INTO A STATEMENT OF WORK WITH REZEETS, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE REZEETS SERVICE OR SITE CONTENT. If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, "you" and "your" will refer and apply to that company or other legal entity.

Definitions

  • “Cards” means payment cards issued by an Issuer and managed through your Account that access the card holder’s balance and which may be used only by such cardholder for business purposes.
  • “Card Networks” means the payment card networks, such as Visa or Mastercard.
  • “Card Terms” means the agreement between you, rezeets and the applicable Issuer for use of Cards identified on our website.
  • “Charge” means a payment for goods or services made to a merchant that accepts payments on the applicable Card Network.
  • “Chargeback” means a dispute that you initiate against a merchant for an unresolved dispute with the merchant or where a Charge is unauthorized.
  • "Content" means text, graphics, photos, music, software, audio, video, information or other materials.
  • "Corporate Member" means a Member that is a company or other legal entity, rather than an individual.
  • "Rezeets Content" means Content that Rezeets makes available through the Site or Rezeets Service, including any Content licensed to Rezeets from a third party, but excluding Member Content.
  • “Financial Data” means your bank balance, transaction, and account information accessible to Rezeets through Linked Accounts or Third-Party Services.
  • “Fines” means all fines, fees, penalties, or other charges imposed by an Issuer or regulatory authority arising from your breach of these Terms of Service (including the Card Terms) or other agreements you have with Rezeets or an Issuer.
  • “Issuer” means the bank or financial institution that is a member of the Card Network indicated on Cards and is responsible for issuing the Cards to you.
  • “Linked Account” means any account that is held with a financial institution or that provides financial data and is linked to or authorized for use through your Account.
  • "Member" means a person or entity who completes Rezeet's account registration process, as described under "Account Registration" below.
  • "Member Content" means Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Rezeets Service, including, without limitation, comments to the Rezeets blog.
  • "Site Content" means Rezeets Content and Member Content.
  • “Third-Party Services” means services and data provided by third parties connected to or provided through the Rezeets Service. Third-Party Services include payment processors and applications used to monitor Linked Accounts.
  • “Third-Party Service Provider” means an affiliate or other third party that provides other services related or connected to, or provided through the Rezeets Service and an Account.

Modification

Rezeets reserves the right, at its sole discretion, to modify, discontinue or terminate the Rezeets Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms of Service or on the Site or Application. By continuing to access or use the Rezeets Service after we have posted a modification on the Site or Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse is to cease using the Rezeets Service.

Certain portions of the Rezeets Service may, or may in the future, have different terms and conditions posted on the Site or may require you to agree with and accept additional terms and conditions. Rezeets may, in its sole discretion, make premium or different applications, software or services available to you that is subject to different terms and conditions and narrower licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the Rezeets Service, the latter terms and conditions shall take precedence with respect to your use of or access to that portion of the Rezeets Service.

Statement of Work

If you are a party to a Statement of Work between you and Rezeets (a "Statement of Work"), these Terms of Service shall begin on the Effective Date of the Statement of Work and, unless terminated as otherwise provided herein, shall continue through the term set forth in the Statement of Work (the "SOW Term") and will automatically renew for a successive one (1) year term following the end of each SOW Term, unless either party notifies the other, not less than ninety (90) days prior to the end of the then current SOW Term, of its intention not to renew.

Either party to a Statement of Work may, by written notice, request any changes, additions, deletions, or modifications to any Statement of Work. No changes to a Statement of Work will be effective until a written amendment has been signed by both Parties. If any such change affects the amount due or the time of performance thereunder, the Parties shall negotiate in good faith a mutually acceptable appropriate adjustment.

In the event of conflict or inconsistency between these Terms of Service and those of any Statement of Work, the Statement of Work shall control.

Eligibility

By accessing or using the Rezeets Service you represent and warrant to Rezeets that:

  1. you are of legal age to form a binding contract, or, if you are a minor, you have your parent's permission to use the Rezeets Service, and your parent has read and agrees to these Terms of Service on your behalf.
  2. all registration information you submit is accurate, current and complete.
  3. you will maintain the accuracy and completeness of such information.
  4. if you are accepting these Terms of Service on behalf of a company or other legal entity, you have the authority to bind that company or legal entity to these Terms of Service. You also certify that you are legally permitted to use and access the Rezeets Service and take full responsibility for the selection and use of and access to the Rezeets Service. These Terms of Service are void where prohibited by law, and the right to access the Rezeets Service is revoked in such jurisdictions.

Privacy

See Rezeets’ s Privacy Policy at https://www.rezeets.com/privacy for information and notices concerning Rezeet's collection and use of your personal information.

Account Registration

In order to access the Rezeets Service, you must register to create an account ("Account") and become a Member. When registering with Rezeets you agree to:

  1. provide true, accurate, current and complete information about yourself (or, if applicable, the Corporate Member you represent) as prompted by the Rezeets Service's registration form (such information being the "Registration Data") and
  2. maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Rezeets Service (or any portion thereof).

Communication with Rezeets

You verify that any contact information provided to Rezeets, including, but not limited to, your e-mail address and mobile phone number is true and accurate. By providing us with your email address, you agree to receive notices electronically, to that email address. From time to time, Rezeets will use this email address to send you notifications about product updates and improvements, company news and events, and updates from our community. You further verify that you are the telephone subscriber and/or that you own any telephone numbers that you provide to Rezeets. You acknowledge that by voluntarily providing your telephone numbers to Rezeets, you expressly agree to be contacted at the telephone numbers you provide. You consent to receive e-mails, pre-recorded voice messages and/or autodialed calls (including text messages) by or on behalf of Rezeets relating to this Agreement, any transaction with Rezeets, matters related to your account, and promotions from Rezeets. These communications may be made by or on behalf of Rezeets, even if your phone number is registered on any state or federal Do Not Call list. You acknowledge that you may incur a charge for these texts or calls by your telephone carrier and that Rezeets will not be responsible for these charges.

Fees and Payment

By establishing a Rezeets account, you agree to the pricing, payment, and billing policies set forth (a) herein, (b) on the Site and/or (c) if applicable, in a separately executed or accepted purchase order. The use of various offerings within the Rezeets Service, including but not limited to expense reporting, Rezeets and some functionalities of Bill Processing, are governed by additional terms set forth on the Site (such additional terms being incorporated herein by reference). All fees paid for the Rezeets Service are non-refundable and non-transferable except as expressly provided in these Terms of Service. All fees and applicable taxes, if any, are payable in Indian Rupees. You are solely responsible for the payment of, and shall pay when due, all applicable sales and use taxes and similar fees now in force, enacted or imposed in the future on the delivery of Rezeets Service and/or any related transactions (except for taxes assessed on Rezeets’ s net income or personal property). If for any reason Rezeets pays any such taxes, duties or excises, you will reimburse Rezeets for such taxes, duties or excises, other than taxes on Rezeets 's net income.

The term of your Rezeets Service package is as set forth on the Site and in your billing account details. If your selected Rezeets Service package requires a recurring subscription fee, your Rezeets Service package will automatically renew, unless you change your billing settings to month-to-month, we terminate it, or you notify us by email of your decision to terminate your current Rezeets Service package. You must cancel any automatically renewing Rezeets Service package before it renews in order to avoid billing of subscription fees for the renewal term to your credit card. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. If your Rezeets Service package is for a term of 12 months or longer, your subscription is deemed to have begun during the month in which you were first billed by Rezeets for the Rezeets Service package (or, in the event that you add more Users to your Rezeets Service package after beginning your subscription, from the month in which you were first billed for those additional Users). You may terminate Rezeets Service packages with terms of 12 months or longer at any time; however, because such Rezeets Service packages may qualify for reduced rate pricing, upon termination Rezeets will bill you for an amount equal to the difference between the reduced rate you actually paid, and the amount you would have paid under a standard rate Rezeets Service package

License granted by Rezeets

Subject to your compliance with these Terms of Service, Rezeets grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on your mobile device and run such copy of the Application solely for your own personal or business use. Furthermore, with respect to any App Store Sourced Application (defined below in the Section entitled "Accessing and Downloading the Application from iTunes"), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (operating system software provided by Apple) and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Rezeets reserves all rights in the Application not expressly granted to you by these Terms of Service.

Intellectual Property

Rezeets shall own and retain all right, title, and interest in and to the Rezeets Service (except for any licensed content and software components included therein). Member agrees not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the Rezeets Service or otherwise use the Rezeets Service in any way that violates the use restrictions contained in these Terms of Service. Rezeets does not grant to Member any license, express or implied, to the intellectual property of Rezeets or its licensors. Member further acknowledges and agrees that any information regarding the design, "look and feel", specifications, components, functionality or operation and payment terms and pricing (if applicable) of the Rezeets Service is considered the confidential and proprietary information of Rezeets (collectively "Rezeets Confidential Information").

Member Data. Subject to the section below labeled "Assignment of Certain Member Data", Member shall retain all right, title and interest in and to (a) all graphics, images, files, data and other information transmitted by Member to Rezeets, Issuers, or Third-Party Service Providers in connection with its use of the Rezeets Service and (b) reports and other materials generated by the Rezeets Service following such transmission (collectively, "Member Data"), provided, however, that Member hereby grants to Rezeets a worldwide, royalty-free, non-exclusive license to use (i) data generated as a result of Member's use of the Rezeets Service solely for purposes of (x) maintaining and improving the Rezeets Service and (y) providing Member with access to special product offers and promotions and (ii) nonidentifiable, anonymous, aggregated data regarding Member's use of the Rezeets Service compiled by Rezeets solely for marketing purposes or distribution to third party research firms

Assignment of Certain Member Data Notwithstanding the foregoing, upon your submission of an expense report to a Corporate Member or any other Member, you hereby transfer all right, title, and interest in and to any transferred Member Data to the applicable Corporate Member or Member, provided, however, that such Corporate Member or Member hereby grants to you a worldwide, perpetual, royalty-free, non-exclusive license to maintain and utilize copies of such transferred Member Data (including any expense reports) for personal recordkeeping purposes.

Rezeets Logos and Designs. Rezeets’ s graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Rezeets in the India. and/or other countries. Rezeets’ s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without Rezeets’ s prior written permission.

Member Art. Member shall retain all right, title and interest in and to all of Member's logos, promotional graphics and related marketing designs (collectively, the "Member Art"), provided, however, that Member hereby grants to Rezeets a worldwide, royalty-free, non-exclusive license to use the Member Art, as well as Member's corporate and/or trade name, for purposes of fulfilling its obligations hereunder and marketing Rezeets’ s products and services to third parties, subject to Member's right in each instance to approve the manner and form of such use (which approval shall be in writing and shall not be unreasonably withheld or delayed).

Derived Data. You shall own and retain all right, title, and interest in and to any data derived from your use of the Rezeets Service or that of any individual authorized by you to utilize the Rezeets Service (your "Users"), as defined below)(collectively, the "Derived Data"); provided, however, that you hereby grant to Rezeets a worldwide, royalty-free, non-exclusive license to use data generated as a result of your use of the Rezeets Service solely for purposes of

  1. (x) maintaining and improving the Rezeets Service,
  2. (y) providing you and/or your Users with access to and information about customized features, new functionality, and partner integrations, and
  3. (z) sharing with our partners such data in anonymized, aggregated form.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Rezeets Service ("Feedback"). You may submit Feedback by emailing us at info@Rezeets.com or through the "Help" section of the Rezeets Service. You acknowledge and agree that all Feedback will be the sole and exclusive property of Rezeets and you hereby irrevocably assign to Rezeets and agree to irrevocably assign to Rezeets all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Rezeets’ s request and expense, you will execute documents and take such further acts as Rezeets may reasonably request to assist Rezeets to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Confidentiality

You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Rezeets and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Rezeets in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Rezeets upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of Rezeets’ s trade secrets, confidential and proprietary information and all other information and data of Rezeets that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical, financial, strategic and other proprietary and confidential information relating to Rezeets’ s business, operations and properties, including information about Rezeets’ s Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

General Prohibitions

You agree not to do any of the following:

  • Post, upload, publish, submit or transmit any Content that:
    1. infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy
    2. violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
    3. is fraudulent, false, misleading or deceptive;
    4. is defamatory, obscene, pornographic, vulgar or offensive;
    5. promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
    6. is violent or threatening or promotes violence or actions that are threatening to any person or entity; or
    7. promotes illegal or harmful activities or substances.
  • Use, display, mirror or frame the RezeetsService, or any individual element within the RezeetsService, Rezeets’ s name, any Rezeets trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Rezeets’ s express written consent;
  • Access, tamper with, or use non-public areas of the Rezeets Service, Rezeets’ s computer systems, or the technical delivery systems of Rezeets’ s providers;
  • Attempt to probe, scan, or test the vulnerability of any Rezeets system or network or breach any security or authentication measures;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the Rezeets Service or staff member of Rezeets.
  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Rezeets or any of Rezeets’ s providers or any other third party (including another user) to protect the Rezeets Service or Site Content;
  • Attempt to access or search the Rezeets Service or Site Content or download Site Content from the Rezeets Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Rezeets or other generally available third party web browsers;
  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the Rezeets Service to the mobile numbers of people you do not know);
  • Use or disclose any Rezeets Confidential Information, except as otherwise explicitly set forth herein.
  • Use any meta tags or other hidden text or metadata utilizing a Rezeets trademark, logo URL or product name without Rezeets’ s express written consent;
  • Use the Rezeets Service or Site Content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the RezeetsService or Site Content to send altered, deceptive or false sourceidentifying information;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Rezeets Service or Site Content;
  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Rezeets Service;
  • Collect or store any personally identifiable information from the Rezeets Service from other users of the Rezeets Service without their express written permission;
  • Impersonate or misrepresent your affiliation with any person or entity;
  • Violate any applicable law or regulation; or
  • Encourage or enable any other individual or entity to do any of the foregoing

Rezeets will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Rezeets may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Rezeets has no obligation to monitor your access to or use of the Rezeets Service, or to review or edit any Member Content, but has the right to do so for the purpose of operating the Rezeets Service, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body

DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Rezeets Service, please notify Rezeets's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim is being infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Services;
  4. Information reasonably sufficient to permit Rezeets to contact you, such as your address, telephone number, and email address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

Links to Third-Party Websites

The Rezeets Service may now or in the future contain links to third-party websites, advertisers, services, or resources that are not owned or controlled by Rezeets. You acknowledge and agree that Rezeets has no control over and is not responsible or liable for:

  1. the availability or accuracy of such websites or resources; or
  2. the content, products, privacy policies, practices, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Rezeets of such websites or resources or the content, products, practices, privacy policies, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products, or services on or available from such websites or resources. Additionally, your dealings with or participation in promotions of any third parties, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such third parties. You agree that Rezeets shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties. We encourage you to be aware of when you leave the Rezeets Service, and to read the terms and conditions and privacy policy of any third-party website or service that you visit. You expressly relieve Rezeets from any and all liability arising from your use of any third-party website or services or third-party content.

Refer-a-Friend

If you choose to use our referral service to tell a friend about Rezeets, you must seek your friend's consent to our use of your friend's name and email address to contact them about the Rezeets Service. By providing us with your friend's name and email address, you warrant that your friend consents to such contact.

Termination and Account Cancellation

If you breach any of these Terms of Service, Rezeets will have the right to suspend, disable or terminate your Account or Cards or terminate these Terms of Service, at its sole discretion and without prior notice to you. Rezeets reserves the right to revoke your access to and use of the Rezeets Service or to terminate any Statement of Work at any time, with or without cause. In the event Rezeets terminates these Terms of Service for your breach, you will remain liable for any and all amounts due hereunder. You may cancel your Account at any time by sending an email to info@Rezeets.com.

If you are party to a Statement of Work, you may terminate your obligations under these Terms of Service (a "Termination for Cause") in the event Rezeets fails to perform or observe any material term or condition under these Terms of Service and fails to cure such breach within thirty (30) days after receipt of written notice of such breach.

In the event that your account is terminated by you or by Rezeets for any reason, any licenses granted herein shall terminate, but your obligations described herein under the Sections titled "Fees and Payment," "Intellectual Property," "Confidentiality," "Disclaimers," "Indemnity," and "Limitation of Liability," as set forth herein, as well as any obligations of yours set forth in the Privacy Policy available at https://www.rezeets.com/privacy shall survive any termination or expiration of your use of the Rezeets Service or any agreement, including a Statement of Work, between you and Rezeets, and you will not be entitled to receive any refunds for any prepaid amounts in the event of any early termination.

Disclaimers

THE REZEETS SERVICE AND SITE CONTENT ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, REZEETS EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. REZEETS MAKES NO WARRANTY THAT THE REZEETS SERVICE OR SITE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. REZEETS MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, REZEETS SERVICE OR SITE CONTENT PURCHASED OR OBTAINED THROUGH THE REZEETS SERVICE OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE REZEETS SERVICE. REZEETS DOES NOT WARRANT THE RESULTS OF USE OF THE REZEETS SERVICE, AND CLIENT ASSUMES ALL RISK AND RESPONSIBILITY WITH RESPECT THERETO. CLIENT SHOULD NOTE THAT IN USING THE REZEETS SERVICE, SENSITIVE INFORMATION WILL TRAVEL THROUGH THIRD PARTY INFRASTRUCTURES WHICH ARE NOT UNDER REZEETS'S CONTROL (SUCH AS A THIRD-PARTY SERVERS AND THE INTERNET). REZEETS MAKES NO WARRANTY WITH RESPECT TO THE SECURITY OF SUCH THIRD-PARTY INFRASTRUCTURES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM REZEETS OR THROUGH THE REZEETS SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE REZEETS SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE REZEETS SERVICE. YOU UNDERSTAND THAT REZEETS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE REZEETS SERVICE, NOR DOES REZEETS MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE REZEETS SERVICE. REZEETS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE REZEETS SERVICE OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE REZEETS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE REZEETS SERVICE AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE REZEETS SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

Indemnity

You agree to defend, indemnify, and hold Rezeets, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Rezeets Service, or your violation of these Terms of Service, including without limitation any breach of any representations or warranties herein, any infringement by you of Rezeets’ s intellectual property rights, and any claim by a third party that the Member Data or Member Art infringes such third party's intellectual property rights.

Rezeets will defend indemnify and hold you (and in the case of a Corporate Member, your directors, officers, employees and affiliates) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys' fees), resulting from any claim, suit, action or proceeding alleging that the Rezeets Service or any portion thereof infringes any patent, copyright or other intellectual property, proprietary, or other right of any third party

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE REZEETS SERVICE AND SITE CONTENT REMAINS WITH YOU. EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SYSTEM FAILURE OR NETWORK OUTAGE, WILL EITHER REZEETS OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE REZEETS SERVICE OR SITE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, REZEETS SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR REZEETS SERVICE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF REZEETS SERVICE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE OR SITE CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE REZEETS SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE REZEETS SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REZEETS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR THE INDEMNITY OBLIGATIONS SET FORTH HEREIN, IN NO EVENT WILL REZEETS'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF REZEETS SERVICE OR FROM THE USE OF OR INABILITY TO USE THE REZEETS SERVICE OR SITE CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO REZEETS FOR USE OF THE REZEETS SERVICE OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN REZEETS AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Controlling Law and Jurisdiction; Agreement to Arbitrate

These Terms of Service and any action related thereto will be governed by and construed in accordance with the laws of the India without regard to its conflict of law’s provisions. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to these Terms of Service will be governed by the Government of India.

To the extent feasible, the parties desire to resolve any dispute, claim, or controversy arising out of or relating to your use of or access of the Site, the Rezeets Service and these Terms of Service, including the determination of the scope or applicability of this agreement to arbitration (a “Dispute”) through discussions and negotiations between each other. The parties agree to attempt to resolve any Disputes by negotiation with the other party (by phone, electronic correspondence, or written correspondence). If, after good faith discussions, the Dispute(s) cannot be resolved solely between the parties, such Dispute(s) will be determined by arbitration in the English language in India before a single arbitrator. This provision will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction

The arbitration will be commenced by the claimant party filing a demand for arbitration and serving the demand on the opposing party. Within 30 calendar days of the date the demand for arbitration is filed, the parties will select an arbitrator by following the Rules’ arbitrator selection procedures. Except as may be required by law, neither party nor the arbitrator may disclose the existence, content, or results of any arbitration under these Terms of Service without the prior written consent of both parties. The arbitrator’s award will be in writing, in the English language, and accompanied by a reasoned opinion and a written statement of the essential findings and conclusions on which the award is based.

The arbitrator will determine how the costs and expenses of the arbitration will be allocated between the Parties and may award attorneys’ fees. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein

Entire Agreement

These Terms of Service constitute the entire and exclusive understanding and agreement between Rezeets and you regarding the Rezeets Service and Site Content, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Rezeets and you regarding the Rezeets Service.

Assignment

You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Rezeets’ s prior written consent. Any attempt by you to assign or transfer these Terms of Service, without such consent, will be null and of no effect. Rezeets may assign or transfer these Terms of Service, at its sole discretion, without restriction. Subject to the foregoing, these Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given: by Rezeets (i) via email (in each case to the address that you provide) or (ii) by posting to the Application or Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

General

The failure of Rezeets to enforce any right or provision of these Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Rezeets. Except as expressly set forth in these Terms of Service, the exercise by either party of any of its remedies under these Terms of Service will be without prejudice to its other remedies under these Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service will remain in full force and effect

Contacting Rezeets

If you have any questions about these Terms of Service, please contact Rezeets at info@rezeets.com. You acknowledge and agree that when contacting Rezeets, whether by email, chat, or otherwise, you will not include any personally identifiable information in your communications, and that if such information is included in your communications with Rezeets, Rezeets will have no legal obligation or liability with regard to such information.