The information provided on this website includes, but is not limited to, the services provided by Tires Made Easy, Inc. ("TME"), and does not render any advice, certifications, guarantees or warranties on the Content (as defined below) relating to the services, which TME makes available on this Website. If you have any question regarding the Website, you may contact TME at (i) [email] or (ii) by post at 6011, West Courtyard Drive, Austin, Texas, US.
The use of this Website and the Content contained herein are governed by these Terms of Use ("Agreement"). When you use this Website you acknowledge that you have read this Agreement and that you accept and will be bound by the terms hereof as such terms may be modified from time to time.
| 1.1 | "Affiliate" shall mean any entity, directly or indirectly, controlled by or under common control with or controlling TME. |
| 1.2 | "Application" shall mean the Zozoc application of TME and any accompanying documentation made available on the Website or any other format for download by the User/ Recipient and are the exclusive copyrights of TME and its licensors. Any use of the Application is governed by this Agreement or any other terms of the end user license agreement that may come along with or is included with such Application. The User will not be able to download or install any software that is accompanied by or includes this Agreement or an end user license agreement unless the User agrees to the terms of this Agreement and such end user license agreement. If the User does not agree to such terms, he/ she will not be able to use the Application. |
| 1.3 | "Code of Conduct" shall mean any rules, regulations, expectations, policies, etc. that shall be set by TME from time to time and may be uploaded on the Website. |
| 1.4 | "Contents" or "Content" shall mean the Application, any and all information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents, interactive features or other materials and information which may be viewed or downloaded on or otherwise sent through the Website. Contents shall also include any e-mail, messages or any other information (including but not limited to any advertising or promotional material) sent by the Website to the User. |
| 1.5 | "Feature" or "Features" may include any interactive, value addition service or other additional feature, introduced on the Website. |
| 1.6 | "Recipient" shall mean any person to whom any information is transmitted (including the one on whose mobile device an SMS is sent) by the User. |
| 1.7 | "Services" shall mean the services provided by TME or its Subcontractors (as defined hereunder) using the Application. |
| 1.8 | "SMS" shall mean the message sent by the User through the Website to the intended Recipient, which shall constitute a part of the User-generated Content. |
| 1.9 | "Subcontractors" shall mean to include the employees of TME's Affiliates, subsidiaries, other third parties, which may be foreign entities employing foreign nationals, including but not limited to TME's agents, consultants, advertisers and sponsors. |
| 1.10 | "User" shall mean any person who accesses, browses, views or uses the Website or the Application for the purpose specified above. |
| 1.11 | "User-generated Content" shall mean any information, data, text, software, music, sound, photographs, graphics, video, messages, materials, news, notices, articles, contracts, forms, documents, interactive features or other materials and information which shall be provided, submitted, posted, displayed, shared, stored, uploaded or generated by the User or transmitted in the form of an SMS or otherwise using the Services intended to be forwarded to Recipient. |
| 1.12 | "Website" shall mean the internet site identified generally by the URL www.zozoc.com and all pages linked to that URL which pages are posted and operated by TME or its agents. |
| 2.1 | As stated above, the Contents provided on or through the Website are solely for enabling the User to use and enjoy the benefit of the Services provided by TME, in the manner permitted herein. By accessing, browsing and using this Website, the User agrees and acknowledges that he/ she understands this limited and restricted use and agree that he/ she would not rely on the information and materials contained in this Website for any purposes except as TME intended or specified under this Agreement. The User further agrees that in all actual matters, he/ she is ultimately responsible for breach of User's obligations and consequences thereof. TME disclaims all liability for damages caused by use of Content on the Website. The User agrees that he/ she is providing TME with details regarding his/ her mobile device, first and last name, or any other details that TME may require from time to time (such as e-mail, street address, gender, occupation, interests and/or other personal information), which will all form a part of User-generated Content (described above). The User also agrees that TME will use such information provided by the User for the purpose of verification, creation of User's Zozoc account (including User's mobile number and a password, which is used to protect User's account from unauthorized access). Upon registering with the Website, the User will deemed to have accepted the terms and conditions of the Website and upon which a password will be sent to the User on the User's mobile device number provided by the User. The password shall be used by the User to log on to the User's account, each time he/ she does that and to send SMS to Recipients and to use the other Services made available to such User by TME through the Website. By virtue of replying to the SMS sent by the User, the Recipient automatically becomes subject to the terms and conditions of the Website. TME, however, in any case, shall not be responsible for any Content or User-generated Content on the Website or the content of any SMS or any Services availed by the User/ Recipient and specifically disclaims any and all liabilities that may arise by User's/ Recipient's use of the Website/ Services. By registering with the Website, User agrees to receive and view Content from the Website and send/ receive and view User-generated Content to the Recipients or allow view of the User-generated Content to other Users. Option to UNSUBSCRIBE- |
| 2.2 | The Website may provide certain Features that enable sending/ receiving invites/ solicitation messages/ reminders to User's friends/ Recipients whose details, as required under the specific Features, are submitted and specifically permitted by the User to be so used. Once such a Feature is selected and consented by the User, he/ she specifically agree that the Feature shall enable sending messages and reminders, on Users behalf, as the case may be, from User's mobile device number. |
| 2.3 | The User login (if any) or User's account is for the reference of only registered User. The User shall be solely and completely responsible for the appropriate use of his/her account, including any misuse of the same in violation of this Agreement. TME reserves the right to discontinue the login on the User's account for violation of this Agreement or any agreement between the User/ Recipient and TME or any Code of Conduct. |
| 2.4 | Notwithstanding anything contained hereunder and subject to this Agreement, User agrees that TME shall have the right to use Subcontractors (as defined above) in performance of its obligations and services hereunder and, for purposes of this Agreement, all references to TME or its employees shall be deemed to include such Subcontractors. TME agrees to be responsible for the obligations and services hereunder and will ensure that its Subcontractors abide by the applicable terms of the Agreement. |
| 3.1 | User understands that the Services provided by TME are international in nature and the User expressly represents and warrants that he/ she is capable of using this Website in accordance with all terms and conditions herein in relation to the access and use of this Website and the Services provided therein. The User/ the Recipient confirms and warrants to TME that he/ she has all the rights, power and authority necessary to provide User-generated Content/ any Recipient information. |
| 3.2 | The User/ Recipient must provide true, correct, complete and accurate information, whether the same concerns the User or belongs to the Recipient. Further, User assures that any information with respect to the Recipients is true and correct and belongs to Recipients you know and not to strangers. |
| 3.3 | User/ Recipient may upload User-generated Content on the Website to the extent permitted by the Website, so long as the same is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or in any ways against any local customs, laws or other accepted norms of conduct in the area/country where the User and the Recipient resides. |
| 3.4 | User/ Recipient shall not use a false mobile number, e-mail address or use someone else's account to login, impersonate any person or entity, or otherwise mislead as to the origin of the User-generated Content or other information. However, the User/ Recipient acknowledges that TME does not pre-screen the User-generated Content or other information uploaded, but that TME and its designees shall have the right (but not the obligation) in their sole discretion to accept, refuse, move, or remove any User-generated Content or other information that are transacted using the Application or the Website.. TME reserves the right to terminate any User account and prohibit the User from using the Application and Website, in addition to taking any appropriate actions permitted under law. |
| 3.5 | User must notify TME if there has been a breach of security or unauthorized access of User's account. User agrees not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or User-generated Content of other Users or enforce limitations on use of the Website or the Content therein. |
| 3.6 | User understands that all User-generated Content, whether publicly posted or privately transmitted, are the sole responsibility of the User from which such User-generated Content originated. This means that the User, and not TME, are entirely responsible for all User-generated Content that such User has provided TME in order to upload, post, transmit or otherwise make available via the Application or Website and TME shall have no responsibility/ liability in any case, whatsoever. |
| 3.7 | User expressly agree not to use the Website to: (i) harm any User/ Recipient in any manner either directly or indirectly; (ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Contents transmitted through the Website; (iii) disrupt the normal flow of the Website, or otherwise act in a manner that negatively affects other Users' ability to engage in real time exchanges or "stalk" or in any other manner harass another user; (iv) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website; (v) upload or transmit any material that is deemed derogatory with respect to the name, Services or Contents or Application relating to or provided by TME; (vi) intentionally or unintentionally violate any applicable local, state, national or international laws. |
| 3.8 | User/ Recipient expressly agrees that this Section 3 (in the manner, as shall be applicable) shall survive any termination of this Agreement. |
| 3.9 | TME or any of its Subcontractors shall not be in any way responsible for any loss or damage that may arise to any person from any inadvertent error in the Content on this Website. |
| 3.10 | TME and its Subcontractors shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained on the Website. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. |
TME MAINTAINS AND PROCESSES ANY USER-GENERATED CONTENT SOLELY FOR THE PURPOSE OF PROVIDING USER A ZOZOC ACCOUNT, RENDERING SERVICES AND ACCESS TO THE SAME. ANY INFORMATION PROVIDED BY USER/ RECIPIENT TO TME IS AT USER'S/ RECIPIENT'S OWN RISK.
TME MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CONTENTS OF THIS WEBSITE AND TME ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE APPLICATION, SERVICES OR CONTENT ON THE WEBSITE. THE APPLICATION, SERVICES AND CONTENTS ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
TME FURTHER MAKES NO REPRESENTATION OR WARRANTY THAT ANY FILES, LINKS OR POINTERS AVAILABLE THROUGH THIS WEBSITE, THE APPLICATION AND SERVICES WILL BE FREE OF BUGS, VIRUSES, TROJAN HORSES OR OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, TME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED.
TME MAKES NO WARRANTY THAT (i) THE CONTENTS/ APPLICATION/ SERVICES/ WEBSITE WILL MEET USER'S/ RECIPIENT'S REQUIREMENTS, (ii) THE APPLICATION, SERVICES AND/OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APPLICATION, SERVICES AND/OR WEBSITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES OBTAINED BY USER THROUGH THE WEBSITE AND/OR APPLICATION WILL MEET USER'S/ RECIPIENT'S EXPECTATIONS, AND (v) ANY ERRORS IN THE APPLICATION AND/OR SERVICES WILL BE CORRECTED.
ANY MATERIAL, CONTENTS OR INFORMATION (INCLUDING ANY USER-GENERATED CONTENT BELONGING TO OTHER USERS OF THE WEBSITE) VIEWED OR DOWNLOADED OR OTHERWISE OBTAINED FROM THE WEBSITE IS SUBJECT TO THIS AGREEMENT AND DONE AT USER'S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
TME is not liable on the authenticity of such Content. Without limiting the foregoing, under no circumstances shall TME be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, telecommunications gateway failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
This Website may contain hyperlinks to websites operated by third parties other than TME. The inclusion of hyperlinks to such websites does not imply TME's certification or endorsement of such websites nor any association with their operators. TME or its affiliates or associates or its employees do not provide any judgment or warranty in respect of the authenticity or correctness of the content of such other services or sites to which links are provided. A link to another service or site is not an endorsement of any products or services on such site or the Website. User/ Recipient shall be solely responsible for any or all the consequences that arise out of such User's/ Recipient's use of such hyperlinks to sites. Any use of services rendered by such third party websites shall be governed by such websites terms and conditions and TME shall have no responsibility or liability for such use.
| 6.1 | All text, graphics, audio, design and other works on the Website (other than User-generated Content), Services and the Application, are the copyrighted works and intellectual property of TME unless otherwise indicated. Content on the Website and the Services are for personal use only. Any alteration of the material or use of the material contained in the Website, including the Application, for any commercial purpose is an infringement of the intellectual property of TME and/or its Subcontractors, as the case may be. The Content available on the Website shall not be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without obtaining the prior permission from TME. All responsibility and liability for any damages caused by downloading of any data is disclaimed. Moreover, the User agrees not to decompile, reverse engineer or otherwise attempt to discover the source code of the Application. |
| 6.2 | For the purposes of clarity, the User retains all ownership rights in his/ her User-generated Content. However, by providing such User-generated Content to TME on the Website, the User hereby grants TME a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User-generated Content in connection with the Website and Services, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. User also hereby grants every other user (if opted by the User) of the Website a non-exclusive license to access User's User-generated Content through the Website, and to use, reproduce, distribute, display and perform such User-generated Content. User understands and agrees, however, that TME may retain, but not display, distribute, or perform, server copies of User-generated Content that have been removed or deleted. The above licenses granted by User are perpetual and irrevocable. |
| 7.1 | TME grants User/ Recipient a "limited, non-exclusive, revocable license" to access and make personal (non-commercial) use of this Website, Application and/ or the Services for enjoyment and informational purposes and not to modify either the whole or any portion of the Website. |
| 7.2 | The license shall not include: (i) any resale or commercial use of this Website or its Contents and/ or the Services or Application; or (ii) any derivative use of this Website or its Contents or the Services or Application; (iii) any other right that is not stated in this Agreement expressly. |
| 7.3 | TME reserves the right to take all measures necessary to prevent access to any Content or portion of the Website or terminate access to the Website and/ or the Services if the terms of use are not complied with or are contravened or there is any violation of copyright, trademark or other proprietary right. |
| 7.4 | User, User's partners, User's employees, User's agents or any other person associated with the User personally or professionally, may not, with or without compensation, prepare any derivative works from, or sell, lease, license, e-mail, reproduce, duplicate, copy, resell, republish, transmit or distribute or otherwise exploit for any commercial purpose via any media, now known or unknown, any Contents from this Website to any other entity or individual. No Contents or information on the Website may be reproduced in any form or incorporated into any Internet website or any other information retrieval system, either electronic or mechanical. It is a condition of the User's use of this Website that he/ she does not restrict or inhibit any other user from using this Website. |
| 7.5 | User shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TME and/or our affiliates without the express written consent of TME. User may not use any meta tags or any other "hidden text" utilizing TME's name or trademarks without the express written consent of TME. Any unauthorized use terminates the permission and the license granted by TME under this Agreement to the User. |
| 8.1 | TME reserves the right to modify, update, upgrade, suspend/cancel, or discontinue any or all sections (including any User-generated Content) of the Website, Application or the Service at any time without notice. TME reserves the right to make modifications and alterations in the Content on the Website without notice. The User agrees that TME shall not be liable to User or to any third party for any modification, suspension or discontinuance of the Website, Application or the Services provided by TME. |
| 8.2 | The User expressly agrees that any Content (including any User-generated Content) provided on or sent through the Website shall be used by the User at his/ her risk. The User is advised, hereby, to make proper enquiries and then use the Content provided on the Website. |
| 8.3 | From time to time, TME may supplement or otherwise modify its terms of use with additional terms pertaining to specific content (additional terms). Such modified terms are hereby incorporated by reference into these Terms of Use. |
NEITHER TME NOR ITS SUBCONTRACTORS SHALL IN ANY EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF BUSINESS INFORMATION, LOSS OF GOODWILL, BUSINESS INTERRUPTION OR LOSS OF ANTICIPATED PROFITS OR BENEFITS RESULTING FROM USE OF THE WEBSITE, APPLICATION OR SERVICES OR ANY PART OR WHOLE OF THE CONTENT OR ARISING OUT OF ANY BREACH OF WARRANTY EVEN IF TME OR ITS AFFILIATES, EMPLOYEES, AGENTS OR CONSULTANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
User/ Recipient agrees to indemnify and hold TME and its Subcontractors, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the User-generated Content User/ Recipient submits, e-mails, transmits or makes available through/ on the Website, User's/ Recipient's use of the Website and/or Application and/or the Services, User's/ Recipient's connection to the Website and/or Application and/or the Services, User's/ Recipient's violation of these terms and conditions, or User's/ Recipient's violation of any rights of another user of this Website and/or Application and/or the Services.
TME may assign, without restriction, this Agreement and any rights and licenses granted hereunder while User/ Recipient is not authorized to transfer or assign any of User's/ Recipient's rights or licenses or this Agreement.
The disclaimer and limited liability of TME as set out in this Agreement are fundamental elements of the basis of the bargain for the Content and access to the Website and/or Application and/or the Services. User/ Recipient agrees that TME would not otherwise be able to offer the Content or the Website and/or Application and/or the Services on its present basis without such limitations. This clause shall survive any termination of this Agreement.
Recognizing the global nature of the Internet, User/ Recipient agrees to comply with all local rules regarding online conduct. Specifically, User/ Recipient agrees to comply with all applicable laws regarding the transmission of technical data exported from the country in which User/ Recipient resides.
Any provision of this Agreement which is invalid, prohibited or unenforceable in any jurisdiction shall: (i) be ineffective in that jurisdiction to the extent of the invalidity, prohibition or unenforceability; (ii) not invalidate the remaining provisions of this Agreement; and (iii) not affect the validity of that provision in any other jurisdiction.
All legal proceedings shall be subject to the jurisdiction of the courts in Texas, US and shall be governed by and construed in accordance with the laws of Texas, US, and User/ Recipient agrees to resolve the disputes under the rules of the WIPO Expedited Arbitration Rules. The venue for such arbitration shall be at Austin, Texas, US.
This Agreement or User's/ Recipient's use of this Website or any Service does not constitute any joint venture, partnership, employment or agency relationship between the User/ Recipient and TME.
The Website is controlled and operated by TME. TME makes no representation that materials in the Website are appropriate or available for use in the specific User's/ Recipient's location. Those who choose to access the Website from any location shall do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.