Terms & Conditions

BEFORE REGISTERING WITH US, YOU SHOULD CAREFULLY READ THE TERMS PROVIDED ON THE WEBSITE WHICH ARE APPLICABLE TO ALL SERVICES ON THE WEBSITE AND ALSO THE PRODUCT-SPECIFIC CONDITIONS AND RULES APPLICABLE TO SPECIFIC OFFERINGS.

This document is an electronic record as per the Information Technology Act, 2000 (hereby referred to as the “Act”) and rules made under it as applicable and provisions relating 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 Website.

The domain name ziyanasoftware.com (hereinafter referred to as "Website") is owned by Ziyana Software Private Limited company incorporated under the Companies Act, 2013 with its registered office at 28, BUILDING NO 4, BMC OFFICERS QUARTERS KESHAVRAO KHADYE MARG, MUMBAI MH (hereinafter referred to as the “Company”). Unless otherwise provided by context, wherever the rights, privileges and responsibilities of the Website are referred to, it shall mean to include the rights privileges and responsibilities of the Company.

General Guidelines

For the purpose of these Terms of Use, wherever the context so requires ‘You’ or “User” shall mean any natural or legal person who has agreed to become a member of the Website by providing registration data while registering on the Website as Registered User using the computer systems. The Website allows User to surf the Website without registering on the Website. The term “we”, “us”, “our” shall mean Ziyana Software Private.

Use of the Service
1. All content of the Website is for personal use only by the User.
2. The Website provides the User information related to the pricing, availability and booking for packing & moving services for household items and vehicles across India ("Service"). User agrees that the Service are provided at the registered office of the Company in Pune. The User gives his consent as per the Information Technology Act, 2000 for the place of this online transaction, agreement or arrangement and any such further actions through this Website to be at the registered office of the Company.
Our Responsibility
1. We are not a company offering moving and packing services on our own. We have collaboration with various Packers & Movers and Transport Agencies who provide such services to be listed under a common platform which provides to its customers a ready data of the availability and pricing of all such Service Providers listed with. We are not responsible for any actions or services to be provided by the Packers and Movers. Once the Delivery has been booked by the Website the Packers and Movers is solely responsible for such Delivery. At no time can a claim for non-performance of such service can be brought against the Company.
2. Our responsibilities include only providing for a valid platform for registration/ booking of services provided by any of its Service Providers from amongst its network.
User's Responsibility
1. Providing false information relating to age, name, address or any other may constitute an offence. The Website reserves the right to report to the relevant authorities any person supplying false information on the Site. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Site/Website.
2. Users are responsible for regularly reviewing these Terms of Service. The most current version of the Terms of Service can be reviewed by clicking on the 'Terms of Use' hypertext link located on the Sites. Your continued use of the Site after a change or update has been made to the Terms of Service will constitute your acceptance of such change or update.
Modification and Alterations
1. The Website reserves the right to modify the Sites, Services and Software and/or change the system specification requirements necessary to access and use the Services at any time and without prior notice.
2. We may alter or modify the Terms at any time without giving prior notice to you. We may choose to notify of some changes in the Terms either by email or by displaying a message on the Website; however, our notification of any change shall not waive your obligation to keep yourself updated about the changes in the Terms. Your continued use of the Website and/or any Services offered constitutes your unconditional acceptance of the modified or amended Terms.
User Account, Password and Security
1. If any of the Services you use require an account, before using the Service you must open an account by completing the required registration process. This will include providing the Website with current, complete and accurate information, including, without limitation, your email address.
2. You may also be asked to choose a password and a user/account name. Your user/account name must be unique and cannot be vulgar or otherwise offensive (as determined by the Website at its sole discretion), nor should it infringe any trademark or other proprietary rights of a third party. Your user/account name can be used only in accordance with these Terms of Service and the Privacy Policy.
3. Your membership or subscription is personal to you and you may not transfer or make available your account name and password to others and you may not use anyone else's account at any time. The Website will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge.
User Restriction and Undertakings
1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
  1. belongs to another person and to which You do not have any right ;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  3. is misleading in any way;
  4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  5. harasses or advocates harassment of another person;
  6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  7. infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
  8. promotes an illegal or unauthorized copy of another person's copyrighted work ,providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
  9. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  10. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  11. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  12. contains video, photographs, or images of another person (with a minor or an adult).
  13. tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  14. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes.
  15. solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
  16. interferes with another user's use and enjoyment of the Website or any other individual's user and enjoyment of similar services;
  17. refers to any website or URL that, in Our sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Service.
  18. harm minors in any way;
  19. infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
  20. violates any law for the time being in force;
  21. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  22. impersonate another person;
  23. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
  24. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  25. You also agree not to use our message board for posting numerous identical messages or by creating "party boards" on them;
  26. or any other act which is punishable under Section 66A of the Act.
2. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by the terms, conditions, and notices included in these Terms of Service. You may not use the Services in any manner that could damage, disable, overburden, or impair any of the Website’s servers, or the network(s) connected to any such server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You may not reverse engineer, decompile or disassemble any software, including any proprietary communications protocol used by such software.
3. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of the Website or otherwise tarnish or dilute any of the Website’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us.
4. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/ VAT, Income Tax) regarding your use of our service.
5. You agree to indemnify and hold harmless the Website from any claim, demand, damage or loss including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of the Services or use by any third party accessing the services using your account.
Currency
1. Unless otherwise noted, all currency references are in Indian Rupees.
User Content

In relation to any materials, in whatever format or media, you post or otherwise provide to the Site (a "Submission"), you hereby grant to the Website a non-exclusive, worldwide, royalty-free, perpetual and irrevocable license to use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission. You expressly acknowledge that the Website will not pay you for your Submission. The Website may remove your Submission from the Site at any time. For each Submission, you represent that you have all the rights necessary for you to grant the license contained in this paragraph.
Links to Third Party Sites
1. The Sites may contain advertising and sponsorship and other material from third parties which are beyond the Websites control. Those third parties are responsible for ensuring that material submitted for inclusion on the Site complies with all relevant laws and regulations. The Websitewill not be responsible for any error or inaccuracy in any third party material, nor does the Company endorse any third parties whose material appears on the Site.
2. The Site may contain links to other Sites which are also outside the Website’s control and are not covered by these Terms of Service. The Websitewill not be liable for the content of any third party sites or the actions or omissions of their proprietors nor for the contents of third party advertisements and sponsorship on those Sites. The Websitedoes not endorse any third party Sites which have links from the Site. If you access those third party Sites you do so entirely at your own risk.
3. We do not gurantee the safety and reliability of the other sites, and do not take responsibility for any virus, bugs, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
4. Any charges or obligations you incur in your dealings with third parties are your sole responsibility.
Disclaimer of Warranty and Limitation of Liability
1. The Sites and Services, and any other third party Services and products, are provided on an 'as is' and 'as available' basis for your use, without warranties of any kind, either express or implied, unless such warranties are legally incapable of exclusion. The Website provides the Services on a commercially reasonable basis and does not guarantee that you will be able to access or use the Services at times or locations of your choosing, or that the Website will have adequate capacity for the Services as a whole or in any specific geographic area.
2. The Website shall not be liable in contract, tort, negligence or otherwise for any loss or damage whatsoever arising from or in any way connected with your use of the Services or Site, whether direct or indirect, including, without limitation, any injury, loss, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, general damages or any direct, indirect, special, incidental, consequential, business interruption, loss of business information, or any other pecuniary or consequential loss (even where we have been notified by you of the possibility of such loss or damage).
3. You further agree to indemnify us and our service providers and licensors against any claims in respect of any such matter.
4. Without limiting the generality of the foregoing, you specifically acknowledge, agree and accept that we are not liable to you for:
  1. the defamatory, undesirable or illegal conduct of any other user of the Services;
  2. any loss incurred in transmitting information from or to us or from or to our Websites by the internet or by other connecting media;
  3. any technical failures, breakdowns, defects, delays, interruptions, improper or manipulated data transmission, data loss or corruption or communications' infrastructure failure, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Services;
  4. the accuracy, completeness or currency of any information services provided on the Website;
  5. any delay or failure on our part to intimate you where we may have concerns about your activities; and
  6. your activities / transactions on third party websites accessed through links.
Undertakings
1. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Website (or its licensors) arising from this agreement or your use of the Site, Services and/or Software.
2. These Terms of Service are written and are only available in English. If these Terms of Service are translated into another language the English version will prevail.
3. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement shall continue in effect.
4. This agreement, including the documents expressly incorporated by reference, constitutes the entire agreement between you and the Websites with respect to the Services.
5. The Website’s failure to enforce at any time any of the provisions of these Terms of Service or related License Agreements shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the right of any party to enforce each and every such provision thereafter.
6. Notwithstanding anything else in this agreement, no default, delay or failure to perform on the part of the Website shall be considered a breach of this agreement if such default, delay or failure to perform is shown to be due to causes beyond its reasonable control.
Cancellation Policy
1. The moves booked through Website are cancellable and the refund shall be given as per the terms of this policy.
2. The following is the cancellation fee: 24 hours before the journey the cancellation charge is 10% of the total amount of the move. Between 24 hours and 1 week before journey the cancellation charge is 5%. 1 week before the journey there is no cancellation charge.
3. In case of cancellation the refund shall be generated and refunded within 15 days of the date of cancellation.
Governing law, dispute resolution & jurisdiction
1. These Terms of Service shall be interpreted in accordance with are governed by the laws of India.
2. if you have a complaint, you should in the first instance contact the customer support team at info@ziyanasoftware.com or write to us following the procedure given in the Contact Us section. Complaints should be made as soon as possible after circumstances arise that cause you to have a complaint
3. You accept that any complaints and disputes are and remain confidential both whilst a resolution is sought and afterwards. You agree that you shall not disclose the existence, nature or any detail of any complaint or dispute to any third party.
4. Our decision on complaints shall be final and binding on you.
5. In case of any dispute, controversy or claim arising out of the Terms and Conditions or Privacy Policy, You hereby irrevocably consent to submit to the exclusive jurisdictions of the Courts at Pune.