TERMS OF SERVICE AND USER AGREEMENT

Welcome to the www. zipsign.in

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

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.zipsign.in website.

The domain name www.zipsign.in (hereinafter referred to as “ZipSign” or "Website" or ”Application” or “Online Application”) is owned by YoekiSoft Private Limited a company incorporated under the Companies Act, 2013 with its registered office at B-26, Sector 8, Dwarka, Delhi-110075, India (hereinafter referred to as "YOEKI").

Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Service”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If you transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, You shall be contracting/binding with YoekiSoft Private Limited and these terms and conditions including the policies constitute your binding obligations, with Yoeki. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, WE ENCOURAGE YOU NOT TO PROCEED WITH USE OF OUR SERVICES.

YOEKI-SOLUTION provides a solution and services for paperless, hassle-free documentation. Solution and services include but are not limited to, generation, facilitation, management and distribution of electronic signatures done through 3rd Party which a government body (the “certifying authority”), storage, sharing, digitization, validation and verification of documents based on the User’s identity. (The”Services”)

For the purpose of these Terms of Service, wherever the context so requires "You" or "User" or “Users” shall mean any natural or legal person who has agreed to become a service consumer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. Yoeki allows the User to surf the Website or use its services without registering on the Website till the level, registrations needs to be done. The term "We”, "Us”, "Our" shall mean YoekiSoft Private Limited.

The Terms of services can be found at www.zipsign.in/termsofservices (“URL”) and is updated whenever there is a change or update needs to be mentioned/altered. It is your responsibility to check this URL frequently to keep yourself informed about Yoeki’s Terms of Services. The then-current version of these Terms of Services will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms of Services.

CONTENT OWNERSHIP

At no time shall hold any right, title or interest over the documents or files submitted to ZipSign while using its services. Yoeki has limited right to provide Services to you through our application which includes but not limited to copying, storing, verifying and sharing the data to the certifying authority nor shall Yoeki have any obligations or liabilities in respect of such contract entered into between User and certifying authority.

RIGHTS & RESPONSIBILITIES OF THE USER

Rights

• User has complete ownership rights on Content submitted by him/her to the Company as described in “Ownership of Content” above.

• User can subscribe to all or part of Services, as is offered by the Company and made available to the User from time to time.

• User can discontinue/cancel/unsubscribe his/her subscription/account for all or part of Services subscribed to from the Company anytime. However, in such an event the Company is not liable to refund any fees paid by the User to the Company towards use of Services.

Responsibilities

• This is User’s responsibility for any claims that may arise pertaining to the submission of document including but not limited to Licenses, Copyrights and Trademarks.

• Users need to make sure that the submitted document to the application are free from virus, trojans, malware, malicious scripts etc.

• Users need to keep their application access credentials safe and protected from any unintended and misuse.

• The User agrees to notify the Company if the password is lost, stolen, disclosed to an unauthorized third Party, or otherwise may have been compromised and takes full responsibility for any and all activities that occur under the User’s account, whether or not you as the User is the individual who undertakes such activities. The User agrees to immediately notify the Company of any unauthorized use of User’s account or any other breach of security in relation to password or our Services that is known to the User.

• Any confidentially and its related responsibility of submitted documents to the online application either directly or indirectly will be bared by Users only pertaining any policy allied with them or any prior agreements.

• User who use the Website, shall be responsible for maintaining the confidentiality of your Display Name and Password and shall be responsible for all activities that occur under their Display Name and Password. Users further agree that if they provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide them with access to the Website.

• User will not use our Services to:

• Accumulate or stockpile private data about other Users.

• intentionally or unintentionally interrupt any applicable local, state, national or international law or regulation;

• Disrupt the Services or servers or networks connected to the Services, or disobey any procedures, requirements, policies or regulations of networks connected to the Services;

• upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

• upload, email, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other forms of solicitation;

• upload, email, post or otherwise transmit any Submission that invades any copyright, trade secret, trademark, patent or other right of other association;

• upload, email post, or otherwise transmit any Submission that you do not have a right to transmit under contractual or under any law or fiduciary relationships (such as proprietary, inside information and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

• impersonate any person or entity, or otherwise falsify your association with an individual or entity;

• harm us or third Parties in any way;

• upload, email, post, or otherwise transmit any Submission that contains harmful, libelous, threatening, obscene, abusive, vulgar, harassing, defamatory, tortious, invasive of another's privacy, hateful, racially, or otherwise objectionable;

• The Users shall be strictly responsible for any third Party claims and actions that may arise solely owing to the breaking of the terms of services and other rights and responsibilities contained herein by the User.

• The Users shall assume any and all their liability and responsibility for such of User’s actions which result in the breach of the terms and conditions contained herein or the violation of any national or international laws.

• Users agrees to only use trusted and secure computing devices (computer, mobile, tablet) and networks to access their accounts on the Site. If the User is using any communal or public device to access the Site and Services, the User is completely responsible for any risk associated with such activity.

RIGHTS & RESPONSIBILITIES OF THE COMPANY

Rights

• The Company shall have the right to refuse offering Services to the User if the User does not or fails to register himself/herself/itself with the Company for specific services requiring pre-requisites, mandatory registrations etc. as published by the Company from time to time.

• If a subscription is not discontinued, cancelled by the User, the Company has the right to renew the subscription as per subscribed plan and associated terms automatically, without prior initiation from the User. In such an event, no refund of fees will be processed.

• User grants the Company the right to send them any and all Transactional and Informational communication anytime by any mode of communication as furnished by the User to the Company.

• In case of Content submitted by User is found to contain virus, Trojans, malware, malicious scripts etc., the Company reserves the right to prevent such Content from getting submitted to its Site.

• If the Company detects any suspicious activity on the User’s account, the Company reserves the right to forcefully terminate the logged in session, automatically change access credentials and send appropriate communication to the User.

• Company has the right to publish, quote, cite the User and/or his/her Organization’s Logo, Use of Services, Comments about the Site and/or Services on the Site or on 3rd Party sites, in electronic or print form, either in part or whole for activities including but not limited to, case studies, marketing, advertising itself, its Site and/or Services without prior consent of the User or his/her Organization, whether in writing or oral.

COMPANY RESPONSIBILITIES

• Company shall be accountable in maintaining the Privacy of User.

• The Company stands for any responsibility for the safekeeping the Site and associated systems

• It is the Company’s concern to make available the Invoices and Receipts of all transaction fees to be paid or already paid by the User.

• It is the Company’s responsibility to deliver Services to the best of standard and all the way possible abiding and understanding the fact that any service interruption may interrupt the User’s work. The Company will attempt all the necessary and best possible steps to maintain Service uptime.

• The Company is responsible for performing periodic upgrade and maintenance activities as identified by the Company, and shall communicate regarding any scheduled Service downtime arising out of such instances, to the User either published on the Site or via. Communication sent to the User directly.

INTELLECTUAL PROPERTY RIGHTS

Copyright & Trademarks

All materials contained in this Website/Application are protectezipsign.Masterd by copyright and other protective laws, and may not be reproduced, republished, distributed, transmitted, displayed, broadcast or otherwise exploited in any manner without the express prior written permission of Yoekisoft Private Limited. The contents of this website are to be used only in accordance with Internet regulations.

Digital India Logo

We at YoekiSoft are not directly associated with Digital India campaign. Use of Digital India logo is just to represent our belief, trust and vision aligned towards vision of Digital India campaign. We shall ensure that use of Digital India logo does not indicate, specify or create false impression of endorsement, approval, sponsorship of affiliation of or with our website or for some products by Digital India or by DeitY/Govt. of India. DeitY/NeGD (National E-Governance Division) reserves the right to take action against any use of the logo that does not conform to any of the conditions herein, or that invades any intellectual property or other rights or violates applicable law.

Internet regulations

Without the explicit written permission of the Yoekisoft Private Limited it is prohibited to integrate in whole, or in part, any of the protected contents published on these websites into other programs or other web sites or to use them by any other means. This website can contain elements that are protected by copyright and by other laws that are subject to the copyright or other rights of third Parties and that are correspondingly protected for these third Parties.

Representation

The User come to an agreement not to exemplify, represent, use or symbolize the Company, the Site and/or the Services to be his/her/its own product or services or brand or Intellectual Property and technology.

Source Code

The User agrees not to (i) copy, modify, create any derivative work of, or include in any other products or any portion thereof, or (ii) either directly or indirectly decompile, disassemble, decipher, reverse engineer, re-engineer or otherwise attempt to derive Source Code or the underlying ideas, algorithms, structure or organization from the Company and/or the Site or directly or indirectly permit any employee/personnel of the User to decompile, disassemble, decipher, reverse engineer, re-engineer or otherwise attempt to derive Source Code or the underlying ideas, algorithms, structure or organization from the Company and/or the Site.

Links to other websites

ZipSign application can contain links (cross references) to websites that are run by third Parties including but not limited to development of their source code, redirection to their websites/application. The parent company i.e. Yoekisoft Private Limited takes no responsibility for the content of these other websites. Further to this, Consequently, the User may only have a restricted right to use the Third Party Software in relation to the Site and/or the Services as contemplated under these Terms and the User shall have no further right, title or interest in such Third Party Software other than as specifically contemplated under these Terms.

LICENSE

The rights of using this application are only for the Users who becomes legitimated User on receipt of limited and non-transferable licenses for personal use and/or business purpose only after authorizing by the authorized signatory of the Company which also limited to all the terms stated in the terms of service section. Users shall not authorized to further sale, provide license, modify, reproduce, translate and create any offshoots/byproducts hence despite having pre-existing rights to use application to the Users, we still reserves the right in and to our service.

REDIRECTION AND THIRD PARTY CONTENT

While using online services, our application may redirected to third Party websites. Any advice, statements, opinion, offers, services or other information that establishes part of the content made available by other Users or other third Parties on our Services, or which is accessible through or may be located by means of our Services (collectively, "Third Party Content") are those of the corresponding producers or authors and not of us or our directors, shareholders, officers, employees, agents, or representatives. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised, do not guarantee the accuracy, integrity or quality in any Third Party Content. Redirection to Third Party website may cause an inconvenience by exposing any offensive/objectionable content which is your responsibility to assess the information or content available.

CONSENT FOR COMMUNICATION

When User use the Website or send emails or other data, information, surf website or communication to us, You agree and understand that You are using the services which needs to provide consent as and when required as published by the company on the site time to time. Such consent may comprise consent to obtain communication regarding User activity, Transactions, Fees, Verification, Promotional communication etc by any and all mode of communication as deemed apt by the Company. To be disagree, User can opt out from giving any consent. By providing such consent, the User agrees to not to file any complaint, legal suit, case with any Regulatory Authority and/or Legal body regarding receiving such communication from the Company or its Licensors and/or Third Party Software providers.

PRIVACY POLICY

The privacy policy shall be read in conjunction with the Terms, is governed by the Terms and updated by the Company in the event of a change in the Company’s Privacy Policy. The Privacy Policy shall be made available by the Company for the User’s perusal at www.zipsign.in. It is the User’s responsibility to check www.zipsign.in/PrivacyPolicy to stay informed about the current Privacy Policy of the Company.

TRADEMARKS

"ZipSign," the ZipSign logo, and any other product or service name or slogan displayed on our Site and/or Services are trademarks of YoekiSoft Private Limited and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of YoekiSoft Private Limited or the applicable trademark holder. You may not use any tags or any other "hidden text" utilizing "ZipSign" or any other name, trademark or product or service name of ZipSign Private Limited without our prior written permission. In addition, the look and feel of our Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ZipSign and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

REPRESENTATION, WARRANTIES AND COVENANTS

• The User hereby represents and agrees that he/she/it shall refrain from publishing to the public or provide access to the public, using the Site and/or the Services or affiliated third Party services, any content over which a third Party has exclusive intellectual property rights or requisite protection thereunder or content which is derogatory, defamatory, slanderous, lascivious, pornographic, appealing to the prurient interest of individuals, and anything else which may incite public, political or religious unrest or disharmony, which may or may not result in affecting the law and order situation. However, if the User violates this particular clause, the User undertakes to bear all liabilities and responsibilities, civil and criminal, arising from such action/s of the User and shall keep the Company insulated and indemnified from the same.

• Each and every Party exemplifies and authorizes that to it has the right to disclose to the other and grant the other Party access to any information disclosed, or that may be disclosed, to the other Party.

• To the knowledge of the company, no infringement is being done respective to any program or feature/component which could let down/breach/damage other information accessed through or processed by the User in any manner.

• In th situation where in company comes to know that User has made any infringement to the agreement include but not limited to use of services for the purposes other than what specified in the Agreement, then User shall be the one baring the consequences which will specify by the company for such illegitimate use as well as any concern rising by the third Party association of the company.

• Users are agreed and taking this into their knowledge that they have to be abided with the protocols of registration in order to use the application and its services. Further to this, no exchange of credential are allowed to other User other than the one to whom they provided.

DISCLAIMER

The information is provided by Yoekisoft Private Limited and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

The services and the service content each are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, we and our suppliers and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Through this website redirection to any websites which are not under the control or we have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Yoekisoft Private Limited takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Any rights not expressly granted herein are reserved by us.

LIMITATION OF LIABILITY

Neither the company nor our suppliers, nor any affiliate, officer, director, employee, attorney, nor agent (all “members”)shall have any liability resulting from fees paid and your use of our services with respect to, any direct, indirect, incidental, consequential, special or exemplary damages even if we have advised all the maximum extent permitted by applicable law. This is been agreed in this that not to sue any of them upon, any claim for any special, indirect, incidental, or consequential damages suffered or incurred by the service provider and members in connection with, arising out of, or in any way related to.

INDEMNIFICATION AGREEMENT

To the fullest extent of the law, you will indemnify and hold us, our officers, employees, agents, representatives, agents from and against any and all loss, costs, penalties, fines, damages, claims, expenses or liabilities …arising out of, resulting from, or in connection with the services or ours used by you, your violation of these Terms, or your violation of any rights of a third Party through use of the Services or Service Content.

TERM OF AGREEMENT

The term of this agreement for the use of Services/website shall commence as well as expire in accordance with the period for the usage on the website whether it is single usage or multiple either regularly or irregularly.

MISCELLANEOUS

• Force Majeure: None of the Parties shall be liable to the other for delays or failures in performance resulting from causes beyond the reasonable control of that Party, including, but not limited to, acts of God, labor disputes or disturbances, material shortages or rationing, riots, acts of war, governmental regulations, communication or utility failures, or casualties.

• Assignment: Parties are obliged to abide with the agreement in whole or in part and shall not assign Party, the benefits or obligations of this Agreement to any other person without the prior written consent of the other.

• Representation: You must not publish, share, sell, or make available information that is provided within the Service with any third Party outside the Service, unless such a distribution or disclosure is intended within the scope of and in accordance with the Service.

• Entire Agreement: This Agreement constitutes and established between the User and the Company and applies to to the subject matter hereof and supersedes in their entirety over all other written or oral agreements between the Parties.

• Changes to agreement: We reserve the right to modify these Terms at any time. We are not liable to provide notice regarding any modifications by sending an email and/or posting an online notice on the Service, and asking Members to accept the new terms could be possibly be done if it comes to our notice.

• Binding Effect: The provisions, covenants and conditions in this Agreement shall not make the Parties, their legal heirs, representatives, successors, and assigns who are independents person/entities into partners, employees, agents or company joint ventures.

• Severability of Provision: If any provision or portion of these Terms is held to be or becomes invalid, illegal, unenforceable, or in conflict with the law of any applicable jurisdiction, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

• Remedies Cumulative – Each right or remedy of the Company arising under the Contract is without prejudice to any other right or remedy of the Company which it may have at law or in equity. Any failure or delay by the Company to enforce (or partially enforce) any such right or remedy or any other provision of the Contract shall not be construed as a waiver of any of its rights under the Contract. Any waiver by the Company of any breach of, or any default under, any provision of this Contract by the Customer shall not be deemed a waiver of any subsequent breach or default and shall in no way affect any of the other terms of the Contract.

• Survival of Provisions: Notwithstanding any other provision to the contrary herein, terms, which by their nature survive termination or expiration of this Agreement shall bind the Parties following any expiration or termination of this Agreement, in addition to those otherwise specifically detailed in this Agreement.

• Jurisdiction and Governing Law: We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding. Save where expressly provided, the Parties do not intend that any term should be enforceable by any virtue by any person that is not a Party to it. No amendment to the agreement shall be effective unless made in writing and signed by a director of the Company and the User. The agreement shall be governed by, and construed in accordance with, Indian Law and the Parties hereto shall submit to the exclusive jurisdiction of the Delhi, India Courts in connection with any dispute arising in connection with the terms.

• Headings/Sub-heading: The Headings and sub-headings in this Agreement are for User familiarity and convenience only, they does not affect the meaning of the relative mentioned clause.

• Notices: Any notice or other communication required to be given to a Party under or in connection with agreement shall be in writing and shall be delivered (i) in case of User to Company, by email, to Company’s designated email legal@yoekisoft.com and (ii) Company to User, by email on the details (if) provided by the User.