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Zounder Private Limited is a registered Trust & Corporate Services Provider. As a client availing Zounder services, you agree to the following terms and conditions:
Goods and Services Tax (GST) is applicable to our fees. A GST e-Invoice and Input Tax Credit will be provided if you provided GSTIN at time of payment. It is the clients responsibility to ensure GSTIN is provided at the time of payment to receive GST Input Tax Credit.
Any additional government fees associated with incorporation or license or trademark services, where applicable, will be notified upfront in the invoice, collected and subsequently remitted to the respective governmental authority.
1) Terms & Conditions that govern the usage of Zounder.com
Welcome to Zounder.com. This website is owned and operated by Zounder Private Limited, A-57, Sector 136, Noida - 201301, India. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as 'User Agreement'), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).
We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.
We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
Your privacy is very important to us, which is why we've created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.
By using our website, you understand and agree that all Resources we provide are "as is" and "as available". This means that we do not represent or warrant to you that:
In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. Visit Zounder will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.
All content and materials available on Zounder, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of Zounder Private Limited, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by Zounder Private Limited.
You agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the Resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.
This website is controlled by Zounder Private Limited from our offices located in the state of Tamil Nadu, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Tamil Nadu, India by accessing our website, you agree that the statutes and laws of Tamil Nadu, India without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.
Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in Tamil Nadu, India. You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Cancellation of order is not possible once the payment has been made. No refunds will be given except in the event of cancellation or non-performance of service by Zounder Private Limited.
UNLESS OTHERWISE EXPRESSED, Zounder EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at: ZOUNDER
Zounder Private Limited
Millennium Business Park, Mahape, Navi Mumbai - 400710. India
Phone : +91 79779 25304.
Grievance Officer
Mr. Manas
+91 79779 25304
[email protected]
2) The following Terms & Conditions are applicable to the use of the Zounder software.
This Privacy Commitment is applicable to personal information and sensitive personal data or information, including information that is of a confidential nature (“Customer Information”) belonging to the customers, potential customers, and other users of the Services (“Customer(s)” or “you”) of Zounder Platform (Zounder Private Limited), its affiliates and group companies (collectively, “ZOUNDER”, “we”, “our”, or “us”).
In the course of using this website, mobile applications, or its custom extensions, or availing products and services vide online or offline platforms, third party platforms, or through communications, by electronic means or otherwise, or any other mode/platform communicated/introduced by ZOUNDER from time to time (collectively, the “Services”), ZOUNDER may collect, receive, possess, store, use, deal, handle, transfer, retain and otherwise process Customer Information. By using or otherwise accessing our Services, you confirm that you have read and agreed to be bound by this Privacy Commitment and consent to the collection, receipt, possession, storage, usage, dealing with, handling, processing, transfer and retention of your Customer Information by ZOUNDER as described in this Privacy Commitment.
ZOUNDER is strongly committed to protecting the privacy of its Customers and has taken all necessary and reasonable measures to protect the confidentiality of the Customer Information and its transmission.
Customer Information includes, without limitation, the following categories of personal data/sensitive personal data that we may collect, receive, possess, store, use, deal, handle, transfer, and otherwise process as per applicable laws:
You must ensure that all Customer Information that you provide us with is accurate, up-to-date, and true. You will be responsible for any errors, discrepancies, or inaccuracies in the Customer Information you share with us, except for such Customer Information that has been verified through KYC processes set out by applicable law and backed by documentary proof. When you use our Services, we make best efforts to provide you with the ability to access and correct inaccurate or deficient Customer Information, subject to any legal requirements.
We are required to collect Customer Information to provide you with the Services, to comply with our contractual obligations and applicable law. If you do not wish to provide such Customer Information as and when requested by us, it will diminish our ability to perform our obligations under the arrangement we have with you or are trying to enter into with you (for example, to provide you with features of the Services). And consequently, we may be constrained to cancel or limit your access to the Services (or part thereof).
The ZOUNDER Platform uses Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses cookies that are text files containing small amounts of information (this does not include personal sensitive information) which are downloaded to your device when you visit a website in order to provide you a personalised browsing experience. Cookies do lots of different jobs, like allowing you to navigate between pages efficiently, remembering your preferences, and generally improving your browsing experience. These cookies collect information analytics about how you use a website (for example: often visited pages)
We may contact third-party service providers to assist us in better understanding our site visitors. These service providers may use the information collected on our behalf to help us conduct and improve our Services.
Additionally, you may encounter cookies or other similar devices that are placed by third parties on certain pages of the website. We do not control the use of cookies by third parties. All information collected by third party cookies is aggregated and therefore anonymous.
You are free to disable or delete these cookies by changing your web browser settings. ZOUNDER is not responsible for cookies placed in Customers’ devices by any third party and information collected thereby.
We will only use your Customer Information as permitted under applicable law or pursuant to contractual obligations. Most commonly, we will use your Customer Information to perform the Services or to comply with a legal/contractual obligation. We use your Customer Information without limitation, for the following purposes:
ZOUNDER undertakes not to disclose Customer Information to any person, unless such action is necessary to:
ZOUNDER will limit the collection and use of Customer Information to a need-to-know basis to deliver better service to Customers. ZOUNDER may share or store with, and otherwise transfer Customer Information to third parties (including our affiliates, group companies, successors, service providers, vendors and partners), subject to suitable confidentiality obligations, and in accordance with contractual terms, applicable laws and our instructions, in order to render the Services to you and to enable us to provide you information about the Services. Such third parties may include, but not be limited to,partner banks, service professionals, vendors, social media companies, third-party service providers, storage providers, data analytics providers, consultants, and lawyers. These third parties shall use the Customer Information only for the above mentioned purposes or as per contractual obligations.
ZOUNDER may exchange, transfer or share all or a part of Customer Information with its affiliates, group companies, governmental agencies, and any third parties as may be required by applicable law, or for credit reporting, statistical analysis, credit scoring, verification, or risk management processes, and the Customer shall not hold ZOUNDER liable for such use or disclosure of this Customer Information.
ZOUNDER complies with applicable laws/internal policies in respect of the storage and transfer of Customer Information. As a part of your use of the Services, the Customer Information you provide to us may be transferred to and stored in countries other than the country you are based in. This may happen if any of our servers are from time to time located in a country other than the one in which you are based, or if one of our vendors, partners, or service providers is located in a country other than one you are based in. We ensure that that any recipients of Customer Information that we transfer are subject to suitable confidentiality obligations and access to and processing of Customer Information is in accordance with contractual terms, applicable laws, and our instructions.
ZOUNDER may retain your Customer Information for as long as required to provide you with the Services in accordance with applicable laws and our internal policies, such as managing your account and dealing with any concerns that may arise, or if required for compliance with any legal or regulatory requirements, or for the institution, enforcement, or defence of legal claims.
ZOUNDER may also retain your Customer Information where we need to use it for our business and related purposes, including but not limited to, responding to queries or complaints, fighting fraud and financial crime or pursuant to contractual obligations.
If we do not require the retention of Customer Information, we use best efforts to destroy or delete such Customer Information as per our internal policies.
ZOUNDER endeavours to safeguard and ensure the security of the Customer Information using appropriate measures to protect it from unauthorised access, and follow standards prescribed by applicable law. ZOUNDER uses appropriately secure encryption for the transmission of Customer Information.
The Customer is required to cooperate with ZOUNDER in order to ensure the security of the Customer Information, and it is recommended that the Customer necessarily chooses their passwords carefully such that no unauthorised access is made by a third party. To make the password complex and difficult for others to guess, the Customer should use a combination of alphabets, numbers and special characters (like !, @, #, $, etc.). The Customer should not disclose their password to anyone or keep any written or other record of the password such that a third party could access it.
We may occasionally update this Privacy Commitment. By using our Services after such update, you consent to updates made to this Privacy Commitment.
We encourage you to periodically review this Privacy Commitment for the latest information on our privacy practices.
By providing your contact information (including but not limited to email address, phone number, and social media handles), you expressly consent to receive marketing communications from us. These communications may include promotional offers, newsletters, updates, and other relevant information via email, SMS, RCS, WhatsApp, or other electronic channels. You acknowledge that this consent is freely given and may be withdrawn at any time through the unsubscribe mechanisms provided in our communications or by contacting us directly.
30-Day Satisfaction Guarantee
If our services do not meet your expectations, you have 30 days from the date of payment to request a refund. After this period, refunds will be processed as service credits, which can be utilized for future services.
We understand that you may have questions about this Privacy Commitment, on how we process or handle your Customer Information, or may otherwise want to understand these aspects. We welcome you to reach out to us with your queries, grievances, feedback, and comments by contacting our grievance officer, whose details are provided below:
Before any refund is processed, we strive to fulfill the service to the best of our abilities. In the event of dissatisfaction, a cancellation fee of 20%, will be deducted. If there is a change of service, the cancellation fee will not apply.
Refunds will be subject to a minimum 20% cancellation fee. Additionally, any fees incurred by ZOUNDER PVT LTD in completing the service will be deducted at the company's discretion.
The refund amount will not exceed 80% of the total fee paid by the client.
Clients can request a change of service after 30 days of purchase.
To initiate a refund request, log in to your ZOUNDER account and select "LIVE CHAT" to begin the process. Additionally, send an email to [email protected] with transaction details.
Refunds are typically processed within 3-5 weeks of the request, provided all necessary information is provided.
3) Terms & Conditions applicable to our Incorporation, Startup and Registration services
|
State |
Stamp Duty |
|
|
Company Capital Upto Rs. 1 Lakh |
Company Capital - 1 Lakh to Rs. 10 Lakh |
|
|
Gujarat |
620 |
5120 |
|
Karnataka |
10020 |
10020 |
|
Kerala |
3025 |
3025 |
|
Madhya Pradesh |
7550 |
7550 |
|
Punjab |
10025 |
15025 |
|
Rajasthan |
5510 |
5510 |
Please note that stamp duties are based on the latest regulations and may be subject to changes. Clients are advised to confirm the current rates at the time of incorporation.
4) Terms & Conditions apply to our Intellectual Property services like trademark, patent and copyright.
5) The following Terms & Conditions apply to Tax and Compliance services
The Client is also obliged to disclose all material and relevant information.
Zounder shall not be held liable for any issues that may arise from incorrect or incomplete information provided by the Client.
Should you grant us permission to disclose your confidential information under specific circumstances or set conditions on such disclosures, we will comply by disclosing the relevant information as permitted in the course of providing our services, unless otherwise directed by you in writing.
6) The following Terms & Conditions apply to Refunds and Cancellations
At Zounder, we take pride in the services delivered by us and guarantee your satisfaction with our services and support. We constantly improve and strive to deliver the best accounting, financial or secretarial services through the internet. However, in case you are not satisfied with our services, please contact us immediately and we will correct the situation, provide a refund or offer credit that can be used for future Zounder orders.
If you're not satisfied with the service, simply login to iCFO Portal and create a ticket for the engagement to initiate the refund process. All help tickets are reviewed by members of the Senior Management and personally responded within 24-48 hours.
Zounder Private Limited's service obligation is considered complete once access to our platform is granted. All subsequent responsibilities and the final outcome of the service are solely the client's responsibility. It is the clients responsibility to ensure accuracy and correctness. Hence, Zounder will not pay any penalties or taxes on behalf of its clients. Further, Zounder is not responsible or liable for any other cost incurred by the client related to the completion of the service or the final outcome of service.
Refunds are subject to a 20% cancellation charge.
Refund request can be initiated through iCFO Platform after signing in. To request a refund, please request a refund in the concerned chat room to the relevant engagement manager. All refund requests must be made within 60 days of purchase. Refund request over 60 days will not be accepted and only credit will be provided for completion of service / change of service. We will complete processing your refund request within 4 to 5 weeks of receiving all the information required for processing refund like reason for refund, bank details for processing request, etc.
If you want to change the service you ordered for a different one, you must request this change of service within 7 days of purchase.
Zounder has a standard pricing policy wherein no additional service fee is requested under any circumstance. However, the standard pricing policy is not applicable for an increase in the total fee paid by the client to Zounder due to increase in government fee or fee incurred by the client for completion of legal documentation or re-filing of forms with the government due to rejection or resubmission. Zounder is not responsible or liable for any other cost incurred by the client related to the completion of the service.
We cannot guarantee the results or outcome of your particular procedure. For instance, the government may reject a trademark application for legal reasons beyond the scope of Zounder service. In some cases, a government backlog or problems with the government platforms (e.g. MCA website, Income Tax website, FSSAI website) can lead to long delays before your process is complete. Similarly, Zounder does not guarantee the results or outcomes of the services rendered by our Associates on Nearest.Expert platform, who are not employed by Zounder. Problems like these are beyond our control and are not covered by this guarantee or eligible for refund. Hence, delay in processing of your file by the Government cannot be a reason for refund.
Zounder shall not be considered in breach of its Satisfaction Guarantee policy or default under any terms of service, and shall not be liable to the Client for any cessation, interruption, or delay in the performance of its obligations by reason of earthquake, flood, fire, storm, lightning, drought, landslide, hurricane, cyclone, typhoon, tornado, natural disaster, act of God or the public enemy, epidemic, famine or plague, action of a court or public authority, change in law, explosion, war, terrorism, armed conflict, labor strike, lockout, boycott or similar event beyond our reasonable control, whether foreseen or unforeseen (each a "Force Majeure Event").
Since we're incurring costs and dedicating time, manpower, technology resources and effort to your service or document preparation, our guarantee only covers satisfaction issues caused by Zounder - not changes to your situation or your state of mind. In case you require us to hold the processing of a service, we will hold the fee paid on your account until you are ready to commence the service.
The zounder.com Web Site (the "Site") is an online information service provided by ZOUNDERS ("zounder.com "), subject to your compliance with the terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE. zounder.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are zounder.com, its affiliates or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to zounder.com a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by e-mail to zounder.com by all means and in any media now known or hereafter developed. You also grant to zounder.com the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against zounder.com for any alleged or actual infringement or misappropriation of any proprietary right in your communications to zounder.com.
TRADEMARKS
Publications, products, content or services referenced herein or on the Site are the exclusive trademarks or servicemarks of zounder.com. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
2. Use of the Site
You understand that, except for information, products or services clearly identified as being supplied by zounder.com, zounder.com does not operate, control or endorse any information, products or services on the Internet in any way. Except for zounder.com- identified information, products or services, all information, products and services offered through the Site or on the Internet generally are offered by third parties, that are not affiliated with zounder.com a. You also understand that zounder.com cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE INTERNET. zounder.com PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND zounder.com SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. zounder.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. zounder.com HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL zounder.com BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF zounder.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, zounder.com LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
zounder.com makes no representations whatsoever about any other web site which you may access through this one or which may link to this Site. When you access a non-zounder.com web site, please understand that it is independent from zounder.com, and that zounder.com has no control over the content on that web site. In addition, a link to a zounder.com web site does not mean that zounder.com endorses or accepts any responsibility for the content, or the use, of such web site.
3. Indemnification
You agree to indemnify, defend and hold harmless zounder.com, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.
4. Third Party Rights
The provisions of paragraphs 2 (Use of the Service), and 3 (Indemnification) are for the benefit of zounder.com and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
5. Terms Termination
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
6. Miscellaneous
This Agreement shall all be governed and construed in accordance with the laws of India applicable to agreements made and to be performed in India. You agree that any legal action or proceeding between zounder.com and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in India . Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. zounder.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. zounder.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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