“Company”; “ZoomVenues”; “us”; “we”; “our” shall mean ZOOMVENUES FZC-LLC
, a limited liability company registered under the laws of UAE having its registered office at 36A Floor: 01 Building: In5 Tech Dubai, United Arab Emirates.
“Custom booking” shall mean bookings done by the User, in person at the Venue by paying the requisite amount to the Venue Provider.
“Fees” shall mean the consideration to be paid by the Users to the Company for availing the Services and Venues provided by the Venue Provider through the Portal.
“Portal” shall mean http://www.zoomvenues.com/ and mobile application owned, operated and managed by Us.
“Services” shall mean and include Services of making available under one Portal various Venues for shared workspaces or banquet halls and services of various Service Providers depending on Your requirement.
“Service Providers” shall mean the various service providers listed on the Portal to provide services including floral services, catering services, photography services, event management services etcetera.
“Standard booking” shall mean the bookings made by the User through the Portal.
“Subscribe” shall mean subscribing to the Portal.
“Venue” shall mean the specific venues listed on the Portal and which are available for hire by the Users.
“Venue Provider” shall mean the Venue Providers enrolled with Us for providing the Venues along with additional facilities thereon to Users.
“Users” “You” or “Your” or “Yourself” refers to the Users or members or viewers of this Portal who register on the Portal and accept the terms and conditions to avail the Services.
2. SCOPE OF SERVICES:
It is agreed that the scope of services on the Portal is to provide aggregated and specific listings of Venues for shared workspaces or banquet halls and other Services depending on Your requirement by designated Venue/Service Providers at one Portal. Your use of this Portal and the Services provided by the Portal is at Your own risk.
Once You Subscribe to the Portal, You shall be eligible to book any Service subject to realisation of payment, which are displayed by Venue/ Service Providers on the Portal and subject to availability of the Venues. You understand and acknowledge that it is Your responsibility to get all information about each Service before You actually book any Service by making the payment. Before You make payment on the Portal, You shall ensure that particular Venue/ Service is available on the dates chosen by You as per the listings available on the Portal and is appropriate for the manner in which You intend to use the Venue i.e. purpose of occupation, capacity of number of persons, location and all other relevant factors with respect to the same.
You understand and acknowledge that:
Pictures, photographs displayed on the Portal by the Venue Provider of the Venue or Service Provider of its area of services, that You get/view may vary due to location, timing, climate, weather or any other reason which is beyond control of Venue/ Service Provider and/or the Portal.
The entire activity of availing and booking a Service is at Your discretion;
You shall be solely responsible for availing such Service and the Portal shall not be responsible or liable in whatsoever manner;
Bookings for a Service/Venue may happen at multiple locations and avenues. In view of this, if there is any conflict in booking observed by the Portal, we shall inform you within seven (7) days period and refund entire amount paid by you in the same mode from where your payment was received;
3. REGISTRATION, PASSWORD:
For Users, there is no fees to access the Portal. For availing Services, Users have to register on the Portal. Registration can be done through Facebook, Google Plus or email. In case You login through Facebook, Google Plus or any other such website, You authorise the Portal to obtain and verify Your credentials with such Portals. You agree that any registration information provided by You will always be accurate, correct and complete. If You use the Services, You shall be responsible for maintaining the confidentiality of Your account and password and You agree to accept responsibility for all activities that occur under Your account. You can change Your profile information and any other details that You have shared with the Portal.
We also reserve the right to refuse registration, or cancel accounts which we deem inappropriate.
4. VENUE PROVIDER INFORMATION :
ZoomVenues shall publish such information of Venue Providers and Service Providers as it deems fit on the Portal. In case You need any additional information about the Venue Providers or the Venues or the Service Providers, You are required to obtain such additional information either from ZoomVenues by filling out an enquiry form which will be resolved by the ZoomVenues helpdesk or from the Venue Provider or Service Providers directly before confirming any bookings.
5.ACCESS TO THE PORTAL:
By registering for an account through the Portal, You represent and warrant that You (1) are the age of majority in Your jurisdiction (age 18). If You are below the age of 18, Your parents/legal guardians shall be responsible for all the activities that take place from Your account.
Registration: You agree to (a) only provide accurate and current information about yourself, (b) maintain the security of Your passwords and identification, (c) promptly update the email address listed in connection with Your account to keep it accurate so that we can contact You, and (d) be fully responsible for all uses of Your account. You must not set up an account on behalf of another individual or entity unless You are authorized to do so.
No Subscription of the Portal or using of the Services deem to make You a member, shareholder or affiliate of ZoomVenues for any purposes whatsoever, nor shall You have any of the rights of statutory members of ZoomVenues.
You agree to abide by all applicable laws and regulations and are solely responsible for all acts or omissions by You on the account.
The fee shall be charged in advance as per the terms of the particular Venue / Service Provider and commercials mentioned on the Portal regarding the same. The prices are subject to change at any time. Payment shall be made by way of credit card, debit card, net banking, mobile wallet and/or any other authorised payment mechanism available. However, the Venue / Service Providers agree to pay a fee, as may be specified by ZoomVenues, for any modification to the functionality of the Services including any enhancements to the Services.
The Venue Providers and the Service Providers, and not ZoomVenues, are solely responsible for honoring any confirmed bookings, providing facilities at the Venues reserved through the Portal and provide the Services and You acknowledge and agree that You will be responsible for performing the obligations of any usage of the Venues/ Services imposed by the Venue/ Service Provider. ZoomVenues responsibility shall be limited to facilitating the payments and bookings of the Services on the Portal. ZoomVenues disclaims all liability arising from or related to any understandings between You and the Venue Provider/Service Provider.
7.REFUND AND CANCELLATION:
In case any Service that is not available due to any Force Majeure event, the Portal shall not be liable to refund You Your booking amount in whatsoever manner.
If You are not able to avail any Service due to any reason including but not limited to medical reason, the Portal shall not provide any refund to You.
User shall check the refund and cancellation policy of the Venue Provider/ Service Provider carefully.
In case a User intends to cancel a particular Standard Booking for a Venue or bookings with any Service Provider for any other reason, the refund and cancellation policy of such Venue Provider/ Service Provider shall be applicable. Cancellation amount shall include the amount paid to the Venue/ Service Provider and the amount paid to the Portal shall not be refunded under any circumstances.
In case of Custom Bookings, the Venue provider shall be solely responsible for any refund requests received from the User. ZoomVenues shall not be liable for any refund request for Custom Bookings.
The Portal shall provide refund to the same entity through which You had paid to book the particular Venue/Service Provider.
In any case You shall not be entitled to receive refund in cash.
8.OPERATIONAL CONDITIONS :
You shall adhere to all the terms and conditions of the Venue provider/ Service Provider. In addition this you shall adhere to the following:
- FOR SHARED WORKSPACES
You agree and confirm that:
a) You shall adhere to the Venue timings strictly and any stay beyond the times may be additionally charged at the sole discretion of the Venue;
b) In case of any malfunctioning of the AC/lighting equipment, the Venue may not have any support or back-up. In case back-up is available, it may be available for a limited period;
c) In case of co-working space the Venue is available on a first come first serve basis and no specific workstation or area is booked or reserved for you unless specifically agreed in writing for additional fees by the Venue Provider;
d) For co-working space, a wifi connectivity is available which is shared by all other Users. The speed is limited and the Portal/ Venue Provider is not liable in whatsoever manner for slow net connection. You should adopt whatever security measures (such as encryption) as you believe are appropriate as per circumstances. Venue Provider cannot guarantee that a particular degree of speed, safety will be attained in connection with Your use of Venue Provider' network (or the internet).
e) You shall not install any cabling, IT or telecom connections without Venue Provider' consent, which Venue Provider may refuse at its absolute discretion. As a condition to Venue Provider' consent, You must permit Venue Provider to oversee any installations (for example IT or electrical systems) and to verify that such installations do not interfere with the use of the accommodation(s) by other User or Venue Provider or any landlord of the building.
f) You must only use the accommodation(s) for office purposes. Office use of a “retail” or “medical” nature, involving frequent visits by your guests, clients or other members of the public, is not permitted.
g) You may not be entitled to use the lift for all purposes and at all times.
h) Parking will be allowed on first come basis. There are no exclusive parking rights given with this Venue. In case you park your vehicle beyond the working hours, the Venue Provider may have to remove the vehicle at your cost and consequences.
i) You must not carry on a business that competes with Venue Provider' business of providing serviced office accommodation(s).
j) You may only carry on that business in its name or some other name that Venue Provider previously agrees.
k) You may use the Venue address as its business address but not as registered office address unless agreed in advance and for payment of additional fees. Any other uses are prohibited without Venue Provider' prior written consent.
l) You shall not organize meetings at Venue unless specifically agreed by the Venue Provider/ Portal.
m) If You do not use the space for any reason solely attributable to the User, no refund is granted;
n) In case of any complaint the User shall write to the Venue Provider or support@ZoomVenues.com;
o) You shall not store any material / asset at the Venue and keep any assets/materials at the sole risk and volition. The Venue Provider/Portal shall not be liable for any theft or damage.
p) Upon Your departure or if You choose to relocate to different rooms within the Venue, Venue Provider will charge additional charges/fee to cover normal cleaning and testing and to return the accommodation(s) to its original state. Venue Provider reserves the right to charge additional reasonable fees for any repairs needed above and beyond normal wear and tear. Upon termination if You leave any property or any asset within the Venue, Venue Provider may dispose off such property or asset at Your cost and in any way Venue Provider chooses without owing any responsibility for it or any proceeds of sale.
q) After You vacate the Venue, in case the Venue Provider continues to receive Your mail, faxes, telephone calls and visitors. Venue Provider may charge additional fees in order to professionally manage the redirection of Your calls, mail, faxes and visitors.
r) In case of non-payment of fees, Venue Provider shall not grant access to You or may ask you to vacate the Venue immediately. In case any material/ assets is kept at the Venue, Venue Provider shall have right to keep such equipment/ assets in custody and under Venue Provider’s lien till the entire fees of the Venue Provider is paid off. It is also agreed that such asset shall be kept at the sole risk of the User unless the entire money is paid off.
- B. FOR BANQUET HALLS
a) The Banquet Hall will be available only within the specified timings.
b) The quotation offered to You is based on your enquiry and the requirement. Venue Provider reserves the right to revise the rates for any reduction or increase in number of persons.
c) Rates quoted will be applicable for the specific function only and not for any other purpose whatsoever.
d) The charges would be made as per the guaranteed number of persons & the bill for the functions is based on per plate, all applicable taxes as extra.
e) Venue Provider would be able to cater upto maximum for upto 15% guest over & above the minimum guaranteed number. In the event of expected number of people going beyond 15% above the guaranteed numbers, Venue Provider would be unable to cater to such guests and shall be unable to maintain consistency in the quality/quantity of food & services.
f) Extra usage of venue beyond the specified time would be charged extra on an hourly basis.
g) In case the Venue is being used by a group, the group coordinator from your end is expected to sign all the bills during the end of the functions if required so
h) Venue Provider may require You to appoint specific decorators/caterers/ external vendors and any appointment needs to be checked and confirmed by the Venue Provider.
i) Venue Provider reserves the right of admission and entry of persons entering the Venue.
In the unfortunate event that Your or Your guest's behaviour become unacceptable and cause embarrassment or discomfort to others (guests or Venue staff) management of the Venue Provider reserves the right to have such specific individual or individuals removed from the Venue.
j) All taxes are subject to change without prior notice, as per the rules & regulations of UAE.
k) You accept full responsibility for any damages or losses resulting from the actions of Your assistants or participants without requiring the Venue Provider to supply proof of guilt. The Venue Provider is not liable for theft or damages incurred by any of your presenters, participants, reporters etc. or to materials from third parties.
l) Insurance for the event, respectively for personal property or other materials/goods used at the Venue is the sole responsibility of the contracting partner/organizer, presenter/artist.
m) In case of any extra usage of electricity, the same shall be charged extra.
n) Venue Provider shall not be responsible for:
any electric shut down by electricity provider or unavoidable circumstances leading to lesser facilities at the Venue.
any mishap, or natural calamity or theft of the assets at the Venue;
malfunctioning of the elevator or lights or taps within the Venue;
o) You have to ensure that any of your service providers like caterers or decorators do not engage any child labor below 18 years is employed for their event.
p) Music system should be stopped by 10.00 pm sharp or earlier as may be mandated by the authorities.
q) All statutory permission (police, sound, excise etc.) will be obtained by You and You shall submit copies of such permission before 3 days of usage of the Venue.
r) No extra or additional rooms shall be available at the Venue for catering staff (except kitchen) or for any other purpose.
s) Caterers should carry their own garbage and lackover and shall ensure proper waste disposal as mandated by the authorities.
t) Your caterer and decorator are responsible to maintain a good hygienic condition at the kitchen, wash room and the Venue common areas and parking during and after the event.
u) Liquor is strictly prohibited in Venue.
v) You shall ensure that You or Your guests do not smoke, eat and spit paan and gutkhas/ tobacco in the Venue. Any spitting or public smoking shall be fined as per the rules.
w) No animals and pets are permitted in the Venue.
s) Parking will be allowed on first come basis. There are not exclusive parking rights given with this Venue. In case you park your vehicle beyond the working hours, the Venue Provider may have to remove the vehicle at your cost and consequences.
x) Decor to be mounted on self stands only (nailing, hanging, glue & sticking) are not allowed in ac hall.
y) In case of non-payment of fees, Venue Provider shall not grant access to You or may ask you to vacate the Venue immediately. In case any material/ assets is kept at the Venue, Venue Provider shall have right to keep such equipment/ assets in custody and under Venue Provider’s lien till the entire fees of the Venue Provider is paid off. It is also agreed that such asset shall be kept at the sole risk of the User unless the entire money is paid off.
9.Damage to Venues :
As Users, You acknowledge that the Venues are private spaces under the ownership of Venue Providers and You have a responsibility to use the Venues in a proper and dignified manner. You agree that You shall be responsible for leaving the Venue in the same condition it was in when You arrived. You acknowledge and agree that You shall comply with all the below mentioned conditions and such other conditions as may be imposed by the Venue Provider to maintain safety and hygiene at the Venue:
a. No use of Alcohol, Drugs or any other intoxicating substance within the Venue. The Venue Provider and/or its personnel or agent shall be entitled to restrict entry to the Venue;
b. No usage of any loud speakers or noisy equipment, firecrackers that is likely to cause disturbance, nuisance or annoyance to the neighbours;
c. No Illegal, invalid or unethical activity is allowed;
d. You understand and accept that You are responsible for Your own acts and omissions and are also responsible for the acts and omissions of any individuals who You invite to, or otherwise provide access to, the Venue. In case of any misconduct, the Venue Provider and/or its Personnel shall be entitled to ask you to leave the Venue;
e. User shall not damage in any way, the structure, arrangement, equipment or any other assets or décor of the Venue and shall use the Venue without damaging the Venue and/or any part thereof including the fixtures, fittings and installation at the Venue. You shall not be entitled to bring any extra articles/objects/furnishings to the Venue except the limited equipment and articles as permitted by the Venue Provider and /or its personnel present at the Venue.
f. You shall comply with all applicable Laws in relation to the usage of the Venue and any specific conditions laid down in the specific jurisdiction.
g. You shall not do or cause to be done anything that is likely to be a nuisance or annoyance to any of the other occupants of or visitors to the Venue or of any of the neighbouring properties and areas or use the Venue.
h. The common areas associated with the Venue shall be used in strict compliance with the signages on such common areas and instructions of the Venue Provider with respect to the usage of such common areas.
i. You shall not use, store or allow to be stored in the Venue or in any common areas, any combustible, explosive or hazardous materials at any time including but not limited to firecrackers. You shall also specifically obtain permission for carrying on any cooking activity within the Venue.
If a Venue Provider claims that You have caused damage to the Venue, You shall be required to answer the claim and the Venue Provider shall be entitled to recover the cost of such damages from You, from any security deposit paid by You to the Venue Provider.
You agree to cooperate with and assist ZoomVenues in good faith, and to provide ZoomVenues with such information and take such actions as may be reasonably requested by ZoomVenues, in connection with any complaints or claims made by any other user or Venue Provider relating to Venues or any personal or other property located at a Venue or with respect to any investigation undertaken by ZoomVenues or a representative of ZoomVenues regarding use or abuse of the Venue or the Services.
10.User Conduct :
You are solely responsible for compliance with any and all laws, rules, regulations and tax obligations that may apply to Your use of the Portal, Services and Content. In connection with Your use of our Portal and Services, You will not:
a) Violating laws and rights:
You shall not (a) use the Portal for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You shall not use the Portal or any information provided through the Portal for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You shall not use the Portal in any manner that could disable, overburden, damage, or impair the Portal, or interfere with any other party’s use and enjoyment of the Portal; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Portal, or violating any regulation, policy, or procedure of any network, equipment, or server.
d) Harming others:
You shall not share or transmit Content or Details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act;
You shall not intimidate or harass another through the Portals; and, You may not post or transmit any personally identifiable information about persons without obtaining such persons express permission to so through the Portal.
e) Impersonation or unauthorized access:
You shall not impersonate another person or entity, or misrepresent Your affiliation with a person or entity when using the Portal.
You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Portal, or the computer systems or networks connected to the Portal, through hacking password mining or any other means.
f) use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Portal or Content;
g) use the Portal or Services for any commercial or other purposes that are not expressly permitted by these Terms;
h) copy, store or otherwise access any information contained on the Portal, Services or Content for purposes not expressly permitted by these Terms;
i) infringe the rights of any person or entity, including their intellectual property, privacy, publicity or contractual rights;
j) interfere with or damage our Portal or Services, including through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
k) use our Portal or Services to transmit, distribute, post or submit any information concerning any other person or entity, including photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
l) use our Portal or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to advertising commercial workspaces.
m) "stalk" or harass any other user of our Portal or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an ZoomVenues registered Users;
n) register for more than one ZoomVenues Account or register for an ZoomVenues Account on behalf of an individual other than Yourself;
o) contact a Venue Provider or Service Provider for any purpose other than asking a question related to a booking, such Venue Provider’s Venues or Listings or the services of the Service Provider;
p) use automated scripts to collect information or otherwise interact with the Portal or Services;
q) use the Portal and Services to find a Venue Provider or Service Provider or Users and then complete a booking of a Venue transaction independent of the Portal, Application or Services in order to circumvent the obligation to pay any Service Fees related to ZoomVenues’s provision of the Services;
r) post, upload, publish, submit or transmit any Content that:
(i) 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;
(ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
(iii) is fraudulent, false, misleading or deceptive;
(iv) is defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or
(vii) promotes illegal or harmful activities or substances;
s) systematically retrieve data or other content from our Portal or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
t) use, display, mirror or frame the Portal or any individual element within the Portal, Application, ZoomVenues’s name, any ZoomVenues trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without ZoomVenues’s express written consent;
u) access, tamper with, or use non-public areas of the Portal, ZoomVenues’s computer systems, or the technical delivery systems of ZoomVenues’s providers;
v) attempt to probe, scan, or test the vulnerability of any ZoomVenues system or network or breach any security or authentication measures;
w) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by ZoomVenues or any of ZoomVenues’s providers or any other third party (including another user) to protect the Portal, Services, Application or ZoomVenues;
x) 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 Portal, Services, Application or ZoomVenues to send altered, deceptive or false source-identifying information;
y) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Portal, Services, Application or ZoomVenues; or
z) advocate, encourage, or assist any third party in doing any of the foregoing.
11.CONTENT AVAILABLE :
You acknowledge that ZoomVenues does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or other sounds, photographs, videos, or other images that is shared by Users, Venue Providers, Service Provider or any other content provider (collectively, the “Content”) which You may have access to as part of the Services, or through Your use of this Portal. Under no circumstances, ZoomVenues is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Portal. You understand that by using this Portal, You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. Videos, photos which are provided by Venue Providers and Service Providers may or may not be checked by ZoomVenues.
12.CONTENT SUPPLIED BY YOU :
You represent, warrant, and agree that no Content/Details shared by You with ZoomVenues (“Your Content”), violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, non-transferable and nonexclusive right to use the Content and Details including but not limited to Trademarks, Service Marks, logos etc. submitted by You for providing the Services, You also grant us the right (i) to display Your Content and Details on the Portal (ii) promote or distribute it for the access of other Members.
You agree that You are solely responsible for Your Content made available by You through the Portal including but not limited to any liabilities arising out of any third party infringement claims. If you provide your feedback and rating to a venue the same shall be visible to public with or without comments.
13.LINKS TO THIRD PARTY SITES :
This Portal may contain links to other Portals owned and operated by third parties who are not related to the Portal (“Linked Portals”). The Linked Portals are not under the control of www.ZoomVenues.com and ZoomVenues is not responsible for the content of any Linked Portals or any hyperlink contained in a Linked Portal and makes no representation or warranty with respect to the content of any such third party sites.
These links are provided to You as convenience only and the inclusion of any link does not imply any endorsement of the Linked Portal by ZoomVenues. Your link to any such Linked Portal is entirely at Your own risk. ZoomVenues is not a party to any transaction between You and a Linked Portal. Your use of a Linked Portal is subject to the terms and conditions of that site.
The Portal may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation by of the relevant advertiser, its products or Services. You are referred to the relevant advertiser for all information regarding the advertisement and its products and/or Services. ZoomVenues accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
14.ANCILLIARY SERIVCES :
You may get access to Message boards, chat rooms, forums, blogs, e-mail and other features (“Ancillary Services”) that are offered from time to time on the Portal and may be operated by us or by a third party on our behalf. ZoomVenues shall not be responsible for any copyright infringement for the blogs written by the Users on the Portal. You shall not (nor cause any third party to) use these Ancillary Services to perform any illegal activities (including without limitation defaming, abusing, harassing, stalking, threatening, promoting racism, or otherwise violating the legal rights, such as rights of privacy, of others) or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. You shall not use the message boards, chat rooms, e-mail to express Your concerns or differences with a specific Member.
15.DEALINGS WITH ORGANISATIONS AND INDIVIDUALS :
You acknowledge and agree that the Portal shall not be liable for Your interactions with any other Users on the Portal. This includes, but is not limited to, payment and Services, if any, and any other terms, conditions, warranties or representations associated with any interaction You may have with other Users. These dealings are solely between You and such other Users. You agree and acknowledge that ZoomVenues shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or interactions. If there is a dispute between Users on the Portal, or between Users and any third party, You understand and agree that ZoomVenues is under no obligation to become involved in such dispute. In the event that You have a dispute with one or more other Users, You hereby release ZoomVenues, its officers, employees, agents and successors from any and all claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our Portal.
16.CHANGE IN TERMS:
17.DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE PORTAL, VENUES AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE PORTAL AND THE SERVICES THEREIN ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW ZOOMVENUES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PORTAL, VENUES, THE SERVICES AND YOUR USE THEREOF. ZOOMVENUES MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE VENUES, SERVICES OR THE PORTAL'S CONTENT OR THE DETAILS AND CONTENT SHARED BY THE USERS OR THE CONTENT OF ANY THIRD PARTY PORTALS LINKED TO THE PORTAL AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE VENUES, PORTAL AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PORTAL, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PORTAL BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PORTAL OR THE SERVICE. ZOOMVENUES DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY VENUE, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PORTAL OR ANY HYPERLINKED PORTAL OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND ZOOMVENUES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER MEMBERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE DATA RELATED TO THE CREDIT CARD WHICH IS USED BY THE USERS WHILE MAKING THE PAYMENT WILL NOT BE STORED IN THE SYSTEM.
18.LIMITATION OF LIABILITY:
IN NO EVENT SHALL ZOOMVENUES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF ZOOMVENUES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE VENUE, PORTAL OR THE SERVICE, INCLUDING WITHOUT LIMITATION WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE VENUE, PORTAL OR THE SERVICE, FROM INABILITY TO USE THE PORTAL OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE PORTAL OR THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR RENDERED THROUGH OR ADVERTISED IN CONNECTION WITH THE PORTAL OR THE SERVICES OR ANY LINKS ON THE PORTAL, AS WELL AS BY REASON OF ANY INFORMATION, OPINIONS OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE PORTAL OR THE SERVICES OR ANY LINKS ON THE PORTAL. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ZOOMVENUES SHALL NOT BE LIABLE FOR VENUE DETAILS AND CONTENTS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY MEMBER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE PORTAL IS CONTROLLED AND OFFERED BY THE ZOOMVENUES FROM ITS FACILITIES IN DUBAI, UAE.
IN ANY EVENT, THE TOTAL AGGREGATE LIABILITY OF ZOOMVENUES TO YOU UNDER ANY APPLICABLE LAW WHATSOEVER FOR ALL LOSS OR DAMAGE ARISING OUT OF USE OF THE VENUE OR SERVICES OR ACCESS TO THE PORTAL SHALL BE LIMITED TO AMOUNT OF FEES PAID TO ZOOMVENUES FOR THE PARTICULAR TRANSACTION GIVING RISE TO SUCH CLAIM. THE FORGOING LIMITATIONS OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED WARRANTY OR REMEDY HEREIN.
During Your stay or occupancy of the Venue, anyone who You feel is acting or has acted inappropriately, including anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) You suspect of stealing from You, or (iii) engages in any other disturbing conduct, You should immediately report such person to the appropriate authorities and then to ZoomVenues by contacting us with at support@ZoomVenues.com , provided that Your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to You.
21.ANTI-SPAM POLICY :
23.COPYRIGHT COMPLAINTS :
ZoomVenues respects copyright, and we prohibit Users of the Services from submitting, uploading, posting, or otherwise transmitting any Content or Details on the Portal that violates another person’s proprietary rights.
ZoomVenues is the owned trademark of the Company and You agree not to use or apply the same without obtaining Company’s prior written consent.
All obligations on You that are intended to survive by the context thereof including without limitation the disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions will survive any termination.
26.COMMUNICATIONS FROM THE PORTAL:
i. Special Offers and Updates. We may send User the information on Services and any special deals, of the Company. Out of respect for User’s privacy, we present the option to not receive these types of communications. User may unsubscribe via the unsubscribe mechanism provided in each such communication or by emailing us at the email address, provided herein.
ii. Service Announcements. On certain occasions or under law, we are required to send out service or Portal related announcements. We respect User’s privacy, however User may not opt-out of these communications. These communications would not be promotional in nature.
MISCELLANEOUS TERMS :
FORCE MAJEURE: Without limiting the foregoing, under no circumstances shall the Portal be held liable for any damage or loss due to deficiency in performance of Services 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, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Venue Provider / Service Provider or the Portal.