Terms & Conditions
Please read the following terms & conditions carefully as it sets out the terms of a legally binding agreement between you (The user & customer) and Zumosun Soft Invention Private Limited herein called the Zumosun Group. The Legal Bank is a platform of Zumosun Group. All term & Conditions are of the group are applied on every Platform, Framework, Product, Services, Team, Partners, alliances, Collaboration, User, Client, Employer, Employee, Legal entities of Zumosun Group.
● Introduction: -
This following sets out the terms and conditions on which you may use the products, services, and consultancy of Zumosun Group on our master centralized platform www.zumosun.com. Zumosun Group has the other SaaS, PaaS, search engine, and framework platforms for products and services decentralized by block-chain, artificial intelligence, quantum computer, and other technologies. Our Group has www.zumosuncloud.com, www.thelegalbank.com, www.zumosunsoft.com, mobile application & other cloud products, services and consultancy work.
● For Software development and consulting services
This Service Agreement (“Agreement”) shall apply and govern the Statement of Work(s) project, SRS, NDA or any other document executed between Zumosun Soft Invention Pvt. Ltd. or any of its affiliates and customer, for the purpose of providing professional services (“Services” or deliverables (“Deliverable”) for software development and consulting.
Customers will make payment within 15 days upon receipt of an invoice. In the event there is a delay in payment for more than 5 days from the due date, the customer shall be liable to pay an interest of 1.5% per month or maximum permitted by applicable law, whichever is less, on the delayed payments. The consultant shall be relieved of its obligations under this agreement in the event of non-payment of the fees or expenses due and shall retain the rights in the services for which the amount is outstanding. The company will provide the complete online and offline assistant, as part of its standard package if required while providing the offshore services from the Zumosun Group location(s) India. Customer’s, freelancer’s and contractor relationship with the company is that of an independent customer, freelancer & contractors, and nothing in this agreement will be constructed to create a joint partnership, joint venture, agency, or employer-employee relationship unless there won’t be written UOA (Undertaking of Agreement)
● Approval Process
Customers will have seven (7) days following receipt of the Services or Deliverable (“Acceptance Period”), to complete acceptance tests as per acceptance criteria agreed in the acceptance criteria is reported during acceptance period, deliverables or services are deemed accepted by the customer.
Confidential information shall mean any information disclosed by one party to the other party, in any form including without limitation documents, business plan, source code, software, technical/financial/marketing/customer/business information, specifications, analysis, designs, drawings, data, computer programs, any information relating to personnel or affiliates of a party and include information disclosed by third parties at the direction of a disclosing party and marked as confidential within 15 days of such disclosure. Confidential information shall, however, exclude any information which (I) is/was publicly known or comes into the public domain; (ii) is received by the receiving party, without confidentiality restrictions, at the time of disclosure by the disclosing party; (IV) is permitted for disclosure by the disclosing party in writing; (V) independently developed by the receiving party without the use of confidential information; (VI) is required to be disclosed by the receiving party pursuant to any order or requirement from court, administrative or government agency, provided that the receiving party shall give the disclosing party prompt written notice of such order or requirement and an opportunity to contest or seek an appropriate protective order. The receiving party agrees not to use any confidential information for any purpose except for conducting business with the disclosing party or otherwise agreed in writing.
Intellectual Property Rights
Customers shall own all right, title and interest in and to the deliverables. The title and interest in and to the deliverables shall be granted to the customer only upon receipt of full payment by the consultant. To the extent that the deliverables incorporate consultant pre-existing intellectual property (“Consultant Pre-existing IP”), and such consultant pre-existing IP are necessarily required for the proper functioning of the deliverable consultant grants to Customer a perpetual, non-exclusive, worldwide, transferable, royalty-free license to use such consultant Pre-existing IP solely with the deliverables.
Except as expressly stated in this agreement, the parties disclaim all warranties of any kind, implied, statutory, or any communication between them, including without limitation, the implied warranties of merchantability, non-infringement, title, and fitness for a particular purpose.
● Limitation of Liability
The total liability of the parties under this agreement (wherein contract, tort (including negligence)) shall not exceed the fees paid to consultants hereunder. The parties disclaim any indirect, special, consequential, or incidental damage or loss of revenue or business profits, however, caused, even if advised of the possibility of such damages. The foregoing limitations of liability will apply notwithstanding the failure of essential purpose of any limited remedy herein.
Either party may terminate the agreement upon thirty (30) day’s notice to the other party. Either party may terminate this Agreement immediately if the other party breaches the terms of this agreement and the breach remains unread for 15 days from the date of receipt of the notice. In case of termination, the consultant shall be paid for the services provided on a pro-rata basis.
● Non-Hire and Non-Solicitation
During the term of this agreement and for one (1) year thereafter, neither party will directly or indirectly recruit, solicit or induce any personnel, consultant or advisor of the other party to terminate his or her relationship with such other party without the prior written permission of the party.
● Force Majeure
Neither party shall be liable for any failure or delay in fulfilling the terms of this agreement due to fire, strike, utility failure, war, civil unrest, terrorist action, government regulation, the act of nature or other causes which are unavoidable and beyond the reasonable control of the party claiming force majeure. This provision shall not be constructed as relieving either party from its obligation to pay any sum due to the other party.
We may subcontract our product development and services to any of our affiliates to speed up work.
13. Registration Access and Use
We welcome users to register on our cloud platforms. We offer the below-mentioned products, services for our user and customer which may be subject to change in the future. All changes will be appended in the terms and conditions page and communicated to existing users by email.
Our product & services available for all the users, there is no mandatory to subscribe or register on our platform. If multiple individuals propose to access the same account or for corporate accounts kindly contact or write into us. Subscription rates will vary for multiple same time access.
The nature and volume of Zumosun Group services you consume on the cloud platforms will vary according to the type of registration you choose, on the geography you reside, or the offer you subscribe to.
a) Free Registration
b) Premium Registration
c) Special Offers
d) Combo registrations with partners
The details of the services and access offered for each account have been listed on www.zumosun.com
We may in exceptional circumstances cease to provide subscription services. We will give you at least 7 days' notice of this, if possible. If we do so, then we will have no further obligation to you.
14. Privacy Registration
On registration, we expect you to provide Zumosun Group with accurate and complete information on the compulsory fields. We also expect you to keep the information secure, specifically access passwords and payment information. Kindly update the information periodically to keep your account relevant. Zumosun Group will rely on any information you provide to us.
Each registration is for a single user only. On registration, you will choose a username and password ("ID"). You are not allowed to share your ID or give access to your account to anyone else. Zumosun Group Premium subscription does not allow multiple users on a network or within an organization to use the same ID.
On knowledge, Zumosun Group may cancel or suspend your access to Zumosun Group premium services if it comes across you sharing your personal access without further obligation to you.
You are responsible for all the use of business-standard.com premium service made by you or anyone else using your ID and for preventing unauthorized use of your ID. If you believe there has been any breach of security such as the disclosure, theft, or unauthorized use of your ID or any payment information, you must notify Zumosun Group immediately by e-mailing us at email@example.com. We recommend that you do not select an obvious user password (such as your name) and that you change it regularly.
If you provide Zumosun Group with an email address that will result in any messages Zumosun Group may send you being sent to you via a network or device operated or owned by a third party (e.g. your employer or college) then you promise that you are entitled to receive those messages. To ensure email's land in your inbox, you will add the mail receipt id to your safe list. You also agree that Zumosun Group may stop sending messages to you without notifying you.
15. Important –Kindly notice
● When you participate and choose to subscribe to the joint Zumosun Group services subscription offers that Zumosun Group partners with; your email id, access password and entered personal information will be shared with the participating Zumosun Group services partner brand via an encrypted server to server protocol. This sharing is to facilitate your seamless access across the partner brand's platform. Once you login to the partner brand's platform, specific terms and privacy policies of the partner brand (mentioned on its website) will apply.
● (B) Joint offers including special price offers are generally limited to new users on the partner sites. Clubbed Offers on partner sites will not be available to you should your email id be registered with the partner website. You are advised to study the offer before you subscribe. Merely subscribing to such a joint offer does not make you eligible to gain access to the partner platform. Zumosun Group does not take responsibility for providing you with access to the partner site for existing users/subscribers of these sites.
16. Personal Subscription Services
Personal subscription services include Zumosun Group premium access to behind the Zumosun Group services. When you subscribe to Zumosun Group Premium access, you gain access to opinion pieces, comment, and exclusive features specially chosen for you by the Zumosun Group editors. The nature of Zumosun Group services behind this is subject to change; the final decision of which lies with the Editor.
Types of subscription: Services may differ from country to country and the device from which you subscribe. Subscriptions packages and prices may also vary in time.
Zumosun Group will try to process your subscription promptly but does not guarantee that your subscription will be activated by any specified time. By submitting your payment and other subscription details, you are making an offer to us to buy a subscription. Your offer will only be accepted by us and a contract formed when we have successfully verified your payment details and email address, at which point we will provide you with access to your subscription. Zumosun Group reserves the right to reject any offer in its discretion, for any or no reason.
Zumosun Group may partner with third party Zumosun Group services providers to offer bundled services, under which the payment for both the services will be collected by Zumosun Group. Zumosun Group will endeavor to provide seamless access to all such third parties with single one-point access. There could be a gap in this seamless access due to a technology breakdown, temporary disconnection of the internet connection, or any factors beyond the reasonable control of Zumosun Group. In such cases, the contract will be formed once the access to the partner services is restored.
You are requested to read through the terms and conditions offered by Zumosun Group services partners to Zumosun Group. Most partners offer bundled services for new users. Existing subscribers of partners are not eligible for bundled subscriptions. Should you happen to be one please note that the partner will be liable to reject your offer to subscribe under the bundled subscription not leading to contract formation as a result.
When you purchase a subscription, you must provide us with complete and accurate payment information. By submitting payment details you promise that you are entitled to purchase a subscription using those payment details. If we do not receive payment authorization or any authorization is subsequently canceled, we may immediately terminate or suspend your access to your subscription. In suspicious circumstances, we may contact the issuing bank/payment provider and/or law enforcement authorities or other appropriate third parties. If you are entitled to a refund under these terms and conditions we will credit that refund to the card or other payment method you used to submit payment, unless it has expired in which case we will contact you.
Zumosun Group will use the services of quality third-party payment service providers to process your payment. Payment options are primarily through credit cards. Zumosun Group may offer other payment mechanisms from time to time.
The subscription price will be made clear to you on our sign-up pages or otherwise during the sign-up process and may vary from time to time, by region or by country. You agree to pay the fees at the rates notified to you at the time you purchase your subscription. Subscription to premium services on Zumosun Group is generally of monthly frequency. Zumosun Group however may choose to offer fixed-term or fixed payment frequency offers from time to time. The currency in which your subscription is payable will be specified during the order process, depending on the service and your country of residence. Eligibility for any discounts is ascertained at the time you subscribe and cannot be changed during the term of your subscription. We will always tell you in advance of any increase in the price of your subscription and offer you an opportunity to cancel it if you do not wish to pay the new price.
Subscription and access to Zumosun Group services fall under the purview of Service Tax as per the current indirect taxation policy, Government of India. Taxes are applicable for the consumption of Zumosun Group services on the website and other products of Zumosun Group uniformly for customers based in India and outside the country. Unless otherwise indicated, prices stated on our website are inclusive of applicable Service Tax, any applicable GST or other sales taxes.
If we incorrectly state a price to you whether online or otherwise, we are not obliged to provide you with a subscription at that price, even if we have mistakenly accepted your offer to buy a subscription at that price, and we reserve the right to subsequently notify you of any pricing error. If we do this, you may cancel the subscription without any obligation to us and we will refund you any money you have paid us in full, or you may pay the correct price. If you refuse to exercise either of these choices then we may cancel your subscription and will refund you any money you have paid us in full. We will always act in good faith in determining whether a genuine pricing error has occurred.
In addition to any subscription fees you pay, you are responsible for paying any Internet connection or other telecommunications charges that you may incur by accessing the premium services or using the services available on it. For example, if you use any of our mobile services then your network operator may charge you for data or messaging services.
17. Subscription Periods, Renewal and Cancellation of Personal Subscriptions
If you choose to pay monthly, your subscription will continue until you tell us that you no longer wish to receive it, in which case you will stop paying the monthly fees. We will notify you at least 7 days in advance of any changes to the price in your subscription that will apply upon the next monthly renewal.
Please visit the "How to cancel" section below for details of how to cancel your monthly subscription.
Unless you notify us before the end of your chosen subscription period that you no longer wish to receive it, your subscription will renew for another period as applicable. We will charge the subscription using the same card or another payment method that you previously used.
For Cloud subscriptions, by placing your order you agree that we may start your subscription immediately upon our accepting your order. This means that you are not entitled to a refund if you change your mind after we have provided you with access to your subscription.
Except as set out in the previous section, you do not have any right to cancel your subscription or any part of it until the end of your then-current subscription period.
Although you may notify us of your intention to cancel at any time, such notice will only take effect at the end of your then-current subscription period, and you will not receive a refund
How to cancel?
You may notify us of your wish to cancel your subscription by contacting our Customer Services team at firstname.lastname@example.org. To enable us to cancel your subscription please provide us with your complete name (as was in the subscription order form), Email address, and Contact number clearly is written out.
Cancellation by us
Zumosun Group reserves the right to suspend or terminate your subscription if you breach these terms and conditions, with or without notice and without further obligation to you. We may also suspend or terminate your subscription if we are prevented from providing services to you by circumstances beyond our control. If we terminate your subscription for any reason and/or permanently cease publishing business-standard.com, or cease to provide subscription services then, unless there are exceptional circumstances, we will provide you with a pro-rata refund to your credit card. This means that we will refund you with any amounts that you have paid us in advance that relate to any remaining and unexpired period of your subscription.
Cancellation of your registration
If you are a registered user, but not a subscriber, then Zumosun Group reserves the right to suspend or terminate your registration at any time, with or without notice and without further obligation to you. If you would like to cancel your registration then please contact our customer services team at email@example.com.
18. Who Your Personal Subscription Contract is with
If you buy a Business-standard.com cloud subscription and are resident in any country, then you will be contracting with Zumosun Group, B-4/193, Chitrakoot Scheme, Vaishali Nagar, Jaipur, Rajasthan (India) 302021.
19. User Generated Zumosun Group services
Business-standard.com includes comments sections, blogs and other interactive features that allow interaction between users and between users and Zumosun Group. We call the information posted by or contributed by users "User Generated Zumosun Group services" or "UGZGS".
If you wish to view or participate by way of UGZGS then you must comply with specific rules and guidelines. We also recommend that you read our Comments Guidelines, which provide further guidance in relation to commenting on www.zumosun.com.
You are responsible for all the Zumosun Group services of any of your UGZGS that you or we publish. You are financially responsible to us for any claim against us by any third party that your UGZGS is not in accordance with the UGZGS policy
You further agree that you will:
* Only publish UGZGS that are your original Zumosun Group services and will not infringe the copyright or other rights of any third party when publishing UGZGS. Not post, link to or otherwise publish any UGZGS containing any form of advertising or promotion for goods and services or any spam or other form of unsolicited communication.
* Not post, link to or otherwise publish any UGZGS with recommendations to buy or not buy a particular share or other investment or which contain confidential information of another party or which otherwise have the purpose of affecting the price or value of any share or other investment.
* Not post, link to or otherwise publish any UGZGS that is threatening, offensive, libelous, indecent or otherwise unlawful.
* Not post comments that are discriminatory in nature, for example, comments, which make attacks on the grounds of race, religion, sex, gender, sexual orientation, disability or age.
* Respectfully challenge different points of view but not personally attack other commentators.
* Not disguise the origin of any UGZGS and not impersonate any person or entity (including Zumosun Group employees or Forum guests or hosts) or misrepresent any connection with any person or entity.
* Not post or otherwise publish any UGZGS unrelated to the Forum or the Forum's topic.
* Not post or transmit any UGZGS that contains software viruses, files or code designed to interrupt, destroy or limit the functionality of Business-Standard.com or any computer software or equipment.
* Not collect or store other users' personal data.
* Not restrict or inhibit any other user from using the Forums.
* Comply with the guidelines for commenting set out in our Commenting FAQ.
It is not possible for Zumosun Group to fully monitor all UGZGS published on business-standard.com but where we have actually received notice of any UGZGS that is potentially misleading, untrue, offensive, unlawful, infringes third party rights or is potentially in breach of these terms and conditions, then we will review that UGZGS, decide whether to remove it from business-standard.com and act accordingly. This may include banning a user from participation in UGZGS on Business-standard.com. If you believe that any UGZGS published on business-standard.com infringes any legal rights that you may have or is not allowed under these terms and conditions, please notify us immediately with specific details by contacting us at firstname.lastname@example.org
20. Third-Party Sites and Services
www.zumosun.com may contain links to other Internet websites or online and mobile services provided by independent third parties, including websites of our advertisers and sponsors (what we call "Third Party Sites"), either directly or through frames. Third-Party Sites also co-branded with Zumosun Group and so include Zumosun Group's trademarks.
www.zumosun.com contains advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on www.zumosun.com complies with international and national law. Zumosun Group is not responsible for any error or inaccuracy in advertising, incorrect links or sponsorship material.
Copyright in any software that is made available for download from www.zumosun.com belongs to Zumosun Group or its suppliers or contributors. Your use of the software is governed by the terms of any license agreement that may accompany or be included with the software. Do not install or use any of this software unless you agree to such a license agreement. Zumosun Group is not responsible for any technical or other issues that may happen if you download third-party software.
21. Our Responsibilities towards You
It makes clear to what extent, if any, Zumosun Group accepts responsibility (liability) to you for your use of Business-standard.com or in respect of any third party products or services that we refer to or advertisements or any other link to on business-standard.com. Unless you are a premium subscriber to Business-standard.com, we accept no financial responsibility to you arising from your use of business-standard.com or the Zumosun Group services, advertisements, and links published on business-standard.com. If you are a Zumosun Group premium service subscriber, we limit our financial responsibility to you arising from your use of Business-Standard.com and/or the Premium Services you consume on business-standard.com to the price you paid for your subscription.
In no circumstances do we accept responsibility for your use of Third Party Sites or services not limited to advertisements, links in respect of any Third Party Products? By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on business-standard.com. By Third Party Products we mean products or services provided by third parties.
Limitations of Zumosun Group product/services published on www.zumosun.com
All Zumosun Group services published on Business-Standard.com (including any information we publish regarding Third Party Products) is only for your general information and entertainment purposes and is not intended to address your particular requirements. In particular, Zumosun Group services created by Zumosun Group, its syndication partners, and including UGC and any other Zumosun Group services provided by third parties and distributed by business-standard.com, does not constitute any form of advice, recommendation, representation, endorsement or arrangement by Zumosun Group. It is not intended to be and should not be relied upon by users in making (or refraining from making) any specific investment, purchase, sale or other decisions. Appropriate independent advice should be obtained before making any such decision, such as from a qualified financial adviser.
Any agreements, transactions or other arrangements made between you and any third party named on (or linked to from) Business-Standard.com are at your own responsibility and entered into at your own risk. Any information that you receive via Business-standard.com, whether or not it is classified as "real-time", may have stopped being current by the time it reaches you. Share price information may be rounded up/down and therefore may not be entirely accurate.
What we promise
Zumosun Group promises to develop and operate www.zumosun.com with reasonable skill and care and will use reasonable efforts to promptly remedy any faults of which it is aware or made aware of.
What we do not promise
Zumosun Group does not provide any promises or warranties other than defined above. The Zumosun Group services are provided on an "as is" and "as available" basis. While the Zumosun Group services creation team and its partners from whom Zumosun Group services are syndicated make the best of their efforts to put together accurate, complete and authentic Zumosun Group services, Zumosun Group and business-standard.com do not make any promises in respect of Zumosun Group services published on its website and/or the services and functions available on or through business-standard.com or of the quality, completeness or accuracy of the information published on or linked to from business-standard.com other than as expressly stated above.
The above disclaimers apply to your use of Business-Standard.com. Without limiting the above, Zumosun Group is not liable for matters beyond its reasonable control. Zumosun Group does not control third-party communications networks (including your internet service provider), the internet, acts of God, or the acts of third parties.
Our financial responsibility to you
You agree that if we are in breach of these terms and conditions, we will only be responsible to you for any damages that you incur arising out of your use of www.zumosun.com (to the extent that Zumosun Group's liability is not otherwise excluded by this section 19) as follows:
If you incur any loss as a result of using Zumosun Group products or services or any Zumosun Group services outside the scope of these terms and conditions, Zumosun Group accepts no responsibility (liability) to you for this.
You will be responsible for all claims, liabilities, damages, costs, and expenses suffered or incurred as a result of your breach of these terms and conditions.
Zumosun Group will only be responsible for loss or damage you suffer which is the reasonably foreseeable result of Zumosun Group breach of a legal duty of care owed to you.
Zumosun Group will not be responsible to you for any loss or damage suffered by your business, such as lost data, lost profits, or any business interruption.
If you have a premium subscription then you may terminate your subscription in writing to Zumosun Group. If www.zumosun.com is unavailable or inaccessible to you for more than 5 days in a 30 day period, as a result of the fault or failure of Zumosun Group, in which case we will refund you any amount that you have paid to us in advance that relates to any period which was still to run on your subscription. You may instead at your option receive a renewal to your subscription free-of-charge at the point of renewal.
The limitations of liability in this section 19 apply for the benefit of Zumosun Group, its affiliates, and all of their respective officers, directors, employees, agents, or any company who we transfer our rights and obligations to in accordance with these terms and conditions.
To the full extent permitted by law, you acknowledge and agree that our third-party Zumosun Group services and data suppliers have no liability whatsoever to you in respect of any of their data supplied to you as part of www.zumosun.com
Zumosun Group's liability will not be limited in the case of death or personal injury directly caused by Zumosun Group's negligence in those countries where it is unlawful for Zumosun Group to seek to exclude such liability.
22.Choice of Law and Jurisdiction
If you are a customer, user, or subscriber of Zumosun Group products & services whose principal address or principal use of Zumosun Group Cloud products & services occurs in any jurisdiction across the world then these terms and conditions will be subject to Indian law. In this case, to the extent possible in the applicable jurisdiction, both you and we agree that the competent courts in Jaipur, Rajasthan, India will have non-exclusive jurisdiction to settle any dispute, which may arise out of, under, or in connection with these terms and conditions.
You may not license or transfer any of your rights under these terms and conditions. We may transfer any of our rights or obligations under these terms and conditions to any individual, organization, or entity but if we do so we will ensure that any company/individual/entity to whom we transfer our rights or obligations will continue to honor your rights under them. Any resultant changes to the terms and conditions will be intimated to you via email and updated on this website.
If any provision of these terms and conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these terms and conditions, which will remain in full force and effect.
Failure by either party to exercise any right or remedy under these terms and conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
These terms and conditions constitute the entire agreement between you and Zumosun Group Private Limited for your use of the Zumosun Group website, Zumosun Group mobile, and other cloud products and services from Zumosun Group. They supersede all previous communications, representations and arrangements, either written or oral.
24. Zumosun Group services ownership
All Zumosun Group products and services created and published on the cloud platforms under the URL http://www.zumosun.com the mobile browser site, applications, Zumosun Group E-paper belong to Zumosun Soft Invention Private Limited and its licensors who own all intellectual property rights (including copyright and database rights) No intellectual property rights in any of the Zumosun Group services are transferred to you while you consume the Zumosun Group products & services on this platform. "ZUMOSUN" is registered trademarks of Zumosun Soft Invention Private Limited and you may not use them without prior written permission from Zumosun Group. You are permitted to use the Zumosun Group products & services on this platform only as set out in our Copyright Policy.
25. Changes to Terms and Conditions and Validity
These terms and conditions were published on 1st April 2019 and replaced with immediate effect on the terms and conditions previously published. Zumosun Group has the right to change the term & condition without prior information to anyone according to the Indian constitution and law.