Zunko Ltd Terms and Conditions
These Terms and Conditions (“T&C”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("You") and Zunko Ltd ("Zunko", "we", "us", or "our"), concerning your access to and use of the Zunko mobile application (the “App”).
You agree that by accessing the App, you have read, understood, and agreed to be bound by all of these T&C. Additional terms and conditions, including any membership or other such terms are expressly incorporated herein by reference.
In our sole discretion, we reserve the right to make changes or modifications to these T&C at any time and for any reason. We will inform You about any changes by updating the "Last Updated" date of these T&C. It is your responsibility to periodically review these T&C to stay informed of any update. You will be subject to and deemed to have been made aware of and to have accepted the changes in any revised T&C by your continued use of the App after the date such revised T&C are posted.
The information provided on the App is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the App from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The App is intended for users who are at least 18 years old.
User Registration
You may be required to register with the App. You agree to keep your password confidential. You are responsible for all and any use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
Intellectual Property
Unless otherwise indicated, the App is our intellectual property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the App (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the App only for your information and personal use. Except as expressly provided in these T&C, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Prohibited Activities
You may not access or use the App for any purpose other than that we make the App available. You must not use the App in connection with any commercial endeavors except those we expressly endorse or approve. As a user of the App, you agree not to:
Systematically retrieve data or other Content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the App, including collecting users' usernames and/or email addresses by electronic or other means to send unsolicited email, or create user accounts by automated means or under false pretenses.
Trick, defraud, or mislead other users and us, especially in to access sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the App.
Use any information obtained from the App to harass, abuse, or harm another person.
Use the App in a manner inconsistent with any applicable laws or regulations.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App.
Engage in any automated system use, such as scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Interfere with, disrupt, or create an undue burden on the App or the networks or services connected to the App.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any security measures of the App designed to prevent or restrict access to the App, or any portion of the App.
Copy or adapt the App’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the App.
Use the App as part of any effort to compete with us or otherwise use the App and/or the Content for any revenue-generating endeavor or commercial enterprise.
You agree that we may access, store, process, and use any information and personal data that you provide following the terms of our Privacy Policy and your choice of usage and settings.
You expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your usage of the App.
Management
We reserve the right, but not the obligation, to:
Monitor the App for violations of these T&C.
Take appropriate legal action against anyone who, in our sole discretion, violates the law or these T&C, including reporting such user to law enforcement authorities without limitation.
Otherwise manage the App in a manner designed to protect our rights and property and facilitate the App’s proper functioning.
Privacy Policy
Please review our Privacy Policy: [www.zunko.app/privacy-policy], You agree to be bound by our Privacy Policy, which is incorporated into these T&C, by using the App.
Term and Termination
These T&C shall remain in full force and effect while you use the App.
Without limiting any other provision of these T&C, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the App (including blocking certain ip addresses), to any person for any reason or no reason, including without limitation for breach of any representation, warranty, or covenant contained in these T&C or of any applicable law or regulation. We may terminate your use or participation in the App or delete your account and any content or information that you posted at any time, without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress without limitation.
Modifications
We reserve the right to change, modify, or remove the App’s contents at any time or for any reason at our sole discretion without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the App.
You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the App during any downtime or discontinuance of the App.
Governing Law
These T&C and your use of the App are governed by and construed per the laws of the Republic of Mauritius.
Dispute Resolution
Any legal action of whatever nature brought by either you or us (collectively, the "Parties" and individually, a "Party") shall be commenced or prosecuted in the Republic of Mauritius. The Parties hereby consent to and waive all defenses of lack of personal jurisdiction and forum non-conveniens concerning venue and jurisdiction in such court of law.
Disclaimer
You agree that your use of the App and our services will be at your sole risk.
To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the App and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the App’s content or the content of any websites linked to the App. We will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) any defect in the App or system that may cause the loss of your in-game credits, (3) personal injury or property damage of any nature whatsoever, resulting from your access to and use of the App, (4) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (5) any interruption or cessation of transmission to or from the App, (6) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the App by any third party, and/or (7) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the App.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the App, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
Limitation of Liability
In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the App, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action will at all times be limited to the amount paid, if any, by you to us.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:
Use of the App.
Breach of these T&C.
Any violation of your representations and warranties outlined in these T&C.
Your violation of the rights of a third party, including but not limited to intellectual property rights.
Any overt harmful act toward any other site user with whom you connected via the App.
User Data
You agree that we shall have no liability to you for any loss or corruption of any such data transmitted through the App by you. You hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communication
You consent to receive electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the App satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the App. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or payments or the granting of credits by any means other than electronic means.
Miscellaneous
These T&C and any policies or operating rules posted by us on the App or in respect to the App constitute the entire Agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these T&C shall not operate as a waiver of such right or provision. These T&C operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these T&C is determined to be unlawful, void, or unenforceable, that provision or portion of the provision is deemed severable from these T&C and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship between you and us due to these T&C or use of the App.
You may contact us should you have any queries, questions, or concerns regarding these T&C.