Terms of Service
These terms govern your access to and use of webzenia.com ("the website") and any services you engage with Webzenia Infotech. They form a binding agreement between you and Webzenia. By using the website or engaging Webzenia, you agree to these terms. Please read them carefully.
Acceptance of these terms
These Terms of Service ("Terms") are a binding agreement between you and Webzenia Infotech ("Webzenia", "we", "us"). By accessing webzenia.com, submitting a form, or engaging Webzenia for services, you confirm that you have read, understood, and agree to be bound by these Terms and by the Privacy Policy, which is incorporated by reference. If you do not understand and accept these Terms, you may not use the website.
You must be at least 18 years old and capable of forming a binding contract under the Indian Contract Act 1872 to use the website or engage Webzenia. If you are agreeing to these Terms on behalf of a company or other entity, you confirm that you have the authority to bind that entity, and "you" refers to that entity.
Scope and structure of these terms
These Terms cover two things: your use of the website as a visitor, and, where applicable, the services Webzenia provides to you as a client.
Specific services are provided under a separate proposal, statement of work, or order ("Engagement Agreement") that sets out scope, deliverables, timelines, and fees. Where these Terms conflict with a signed Engagement Agreement, the Engagement Agreement prevails for that engagement. In all other respects these Terms continue to apply.
Some parts of the website may require you to create an account or provide information through a form. When you do, you agree to provide true, accurate, current, and complete information, and to keep it up to date. You are responsible for obtaining and maintaining the equipment, software, and connectivity needed to access the website.
You are responsible for maintaining the confidentiality of any password or access credential and for all activity that takes place under your account. If you suspect that a credential has been compromised, notify Webzenia promptly at legal@webzenia.com. Webzenia may require you to change a password or may restrict your access where it reasonably considers this necessary to protect the website or its users.
You may use the website only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the website in any way that breaches any applicable law or regulation, or that is fraudulent or harmful in purpose or effect.
- Infringe the intellectual property, privacy, or other rights of Webzenia or any third party.
- Attempt to gain unauthorised access to the website, the server on which it is stored, or any server, computer, or database connected to it.
- Attack the website by means of a denial-of-service or distributed denial-of-service attack.
- Introduce any virus, trojan, worm, or other material that is malicious or technologically harmful.
- Use any robot, spider, scraper, or other automated means to access, monitor, or copy the website or its content, except as the website's robots.txt protocol permits. Webzenia may block any crawler at its discretion.
- Reverse engineer, decompile, or attempt to derive the source code of any part of the website, except to the extent the law expressly permits.
- Overload, interfere with, or disrupt the website, its infrastructure, or the experience of other users.
- Collect or harvest information about other users, or impersonate any person or misrepresent your affiliation with any person or entity.
- Remove, obscure, or alter any copyright, trademark, or other proprietary notice on the website.
A breach of this section may be a criminal offence under the Information Technology Act 2000. Webzenia may investigate any suspected breach, may report it to and cooperate with the relevant law enforcement authorities, and may disclose your identity to them.
Webzenia, together with its licensors and suppliers, owns all intellectual property rights in the content of the website, including text, graphics, logos, icons, images, audio, video, software, and the selection and arrangement of that content (the "Materials"), which are protected by copyright, trademark, and other intellectual property laws of India and other countries. All rights not expressly granted are reserved.
Webzenia grants you a limited, personal, revocable, non-sublicensable, non-exclusive, and non-transferable licence to access and view the Materials solely in connection with your use of the website for your own information and legitimate business evaluation as a customer or potential customer, and conditioned on your compliance with these Terms. You have no other rights in the website or the Materials.
Except as expressly permitted or as the law allows, you may not reproduce, distribute, modify, retransmit, publish, create derivative works from, reverse engineer, sell, or otherwise exploit the website or the Materials, and you must retain all copyright and other proprietary notices.
"Webzenia" and the Webzenia logo are trademarks of Webzenia Infotech. Other names, logos, and marks on the website are the property of their respective owners and are used for identification only, which does not imply any endorsement of, or affiliation with, Webzenia. You may not use any Webzenia mark without prior written consent.
When you submit information through a form, email, or other channel (an enquiry, a brief, or content you ask Webzenia to work with, each a "User Submission"), you confirm that you have the right to share it and that it does not infringe the rights of any third party or breach any law.
Where you provide feedback, suggestions, or ideas about Webzenia or its services, you grant Webzenia a perpetual, irrevocable, royalty-free licence to use them for any purpose without obligation or compensation to you. Webzenia is not required to treat any User Submission as confidential, except personal data, which is handled under the Privacy Policy, and information covered by a signed confidentiality or Engagement Agreement.
Webzenia respects the intellectual property rights of others and asks you to do the same. In appropriate circumstances and at its discretion, Webzenia may terminate access for users who infringe the rights of others.
If you believe content on the website infringes your copyright or other rights, send a written notice to legal@webzenia.com with: your contact details; identification of the work and the allegedly infringing material with its location; a statement that you have a good-faith belief the use is not authorised; and a statement that the information in your notice is accurate. Webzenia acts on valid notices in accordance with the Information Technology Act 2000 and the IT (Intermediary Guidelines and Digital Media Ethics Code) Rules 2021, and the Webzenia legal team is available to receive such complaints.
Webzenia may provide products, services, or access through or in connection with the website under the terms of a separate agreement between you and Webzenia, such as an Engagement Agreement or a licence agreement (an "Other Agreement"). Webzenia's obligations regarding anything provided under an Other Agreement are governed solely by that Other Agreement, and these Terms do not alter it. If there is an inconsistency between these Terms and an Other Agreement, the Other Agreement controls for that subject matter.
Where any software is made available through the website with an end user licence agreement, your use of that software is governed by that licence, and you may not install or use the software unless you agree to it. Where no such licence accompanies the software, you may use it solely for your personal, informational, and non-commercial purposes.
Anything published on the website (portfolio results, case study metrics, benchmarks, and indicative timelines) is illustrative. It reflects outcomes for specific clients in specific conditions and does not constitute a representation, warranty, or guarantee of any particular result for your business.
Prices and proposals are valid for the period stated in them and, unless stated otherwise, are exclusive of applicable taxes.
- Fees, payment schedule, milestones, and currency are set out in the applicable Engagement Agreement.
- Invoices are payable by the due date stated on them. Webzenia may charge interest on overdue amounts and may suspend work on overdue accounts after notice.
- Indian taxes, including Goods and Services Tax (GST) where applicable, are charged in addition to the quoted fees.
- Unless the Engagement Agreement states otherwise, fees already paid are non-refundable for work performed.
For client engagements, ownership of deliverables and any licence to use Webzenia's pre-existing tools and frameworks is governed by the applicable Engagement Agreement.
As a default, and unless the Engagement Agreement states otherwise, ownership of the bespoke deliverables created for you transfers to you on full payment of the related fees. Webzenia retains ownership of its pre-existing methods, code libraries, tools, and know-how, and of any general skills and experience gained, and grants you a licence to use them only to the extent needed to use the deliverables.
Each party may receive confidential information from the other in the course of an engagement. Both parties agree to keep that information confidential, to use it only for the purpose of the engagement, and to protect it with reasonable care. This obligation does not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known, is independently developed, or is required to be disclosed by law or a competent authority.
Webzenia may modify, suspend, or discontinue all or any part of the website, and any products, programmes, services, or other offerings provided through or in connection with it, at any time and without notice to you. Webzenia is not liable to you or any third party for doing so.
The website may contain links to third-party websites, content, and resources that are not under Webzenia's control. Webzenia provides these for convenience and does not control, endorse, or accept responsibility for them or for any results obtained from using them. If you follow a link and leave the website, you do so at your own risk and subject to that party's own terms and privacy policy.
Webzenia services often involve third-party platforms such as advertising networks, hosting providers, content management systems, and analytics tools. Webzenia is not responsible for changes those platforms make to their pricing, policies, features, or availability that affect your results.
You may link to the website from other websites, provided you comply with these Terms and all applicable laws. If you link to the website, you agree that you will not:
- Copy any of the Materials, or frame or create a border environment around them.
- Imply that Webzenia endorses or is affiliated with the linking website or any of its products, services, or content.
- Misrepresent your relationship with Webzenia, or present false or misleading information about Webzenia or its services.
- Link from a website that contains content which is unlawful, offensive, distasteful, or otherwise inappropriate for all age groups.
Webzenia may withdraw linking permission at any time at its discretion.
The website and its content are provided on an "as is" and "as available" basis, with all faults, and the entire risk as to their quality and performance is with you. To the maximum extent permitted by law, Webzenia disclaims all warranties, conditions, and representations of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
Webzenia does not warrant that the website will meet your requirements, or be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that the website or the server that makes it available are free of viruses or other harmful components. Webzenia makes no warranty as to the results that may be obtained from the website or the accuracy or reliability of any information obtained through it. No advice or information, whether oral or written, obtained from Webzenia creates any warranty not expressly stated in these Terms.
To the maximum extent permitted by law, Webzenia and its directors, employees, and agents are not liable, in connection with the website or the services, for any indirect, incidental, special, consequential, or punitive loss, or for any loss of profit, revenue, business, goodwill, data, or programs (including the cost of recovering or replacing them), or for any loss or cost arising from interruption, delay, or inability to use the website or any service, whether based in contract, tort, or any other legal theory, and whether or not Webzenia was advised of the possibility of such loss.
Webzenia's total aggregate liability arising out of or in connection with an engagement is limited to the fees paid by you for that engagement in the three months before the event giving rise to the claim. For use of the website where there is no engagement, Webzenia's total aggregate liability is limited to two thousand rupees (Rs. 2,000).
Some of the exclusions and limitations in the sections above may not apply to you to the extent that applicable law does not allow the exclusion of certain warranties or the limitation of certain liabilities. In that case, the warranties that cannot be disclaimed and the liabilities that cannot be limited are restricted to the minimum scope and duration permitted by that law. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.
You agree to indemnify, defend, and hold harmless Webzenia and its directors, employees, and agents from and against any and all claims, demands, liabilities, damages, losses, and reasonable costs (including legal fees) arising out of or related to your breach of these Terms, your misuse of the website, your violation of any law or third-party right, or any content or materials you provide that infringe a third party's rights. Webzenia may assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with that defence.
Webzenia administers the website from its offices in India and makes no representation that the website is appropriate or available for use in other jurisdictions. Access from jurisdictions where the content is illegal or restricted is prohibited. If you access the website from outside India, you do so on your own initiative and are responsible for compliance with local law.
You agree to comply with all applicable export control, trade, and economic sanctions laws in your use of the website and the services. You confirm that you are not located in, and will not use the services on behalf of any person located in, a country or territory subject to a comprehensive embargo, that you are not on any applicable list of restricted or denied parties, and that you will not use the website or any Materials for any prohibited end use.
When you visit the website or send email to Webzenia, you communicate with Webzenia electronically, and you consent to receive communications from Webzenia electronically, whether by email or by notices posted on the website. You agree that all such notices, disclosures, and communications satisfy any legal requirement that they be in writing, consistent with the Information Technology Act 2000.
Webzenia's handling of personal data is described in the Privacy Policy, and its use of cookies is described in the Cookie Policy. By using the website you acknowledge those policies. Where the law requires consent for non-essential cookies or for particular processing, that processing happens only after you give consent.
You may stop using the website at any time. Unless agreed otherwise in writing, Webzenia may terminate, suspend, restrict, or modify your registration with, or access to, all or part of the website, without notice, at any time and for any reason, including where you breach these Terms. On termination for breach, you must immediately destroy any downloaded or printed Materials and all copies of them. Termination of a specific engagement is governed by the applicable Engagement Agreement.
Provisions that by their nature should survive termination (ownership and intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution) continue to apply after these Terms or an engagement end.
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and construed in accordance with the laws of India, without regard to conflict-of-law principles.
The parties will first attempt to resolve any dispute, controversy, or claim arising out of or relating to these Terms ("Dispute") amicably through good-faith discussion. Any Dispute not resolved within 30 days will be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act 1996, before a sole arbitrator appointed by Webzenia. The seat and venue of arbitration is Mumbai, Maharashtra, the language is English, and the award is final and binding.
Nothing in this section prevents Webzenia from seeking urgent injunctive or other equitable relief from the courts at Mumbai, Maharashtra, which have exclusive jurisdiction for that purpose, in particular to protect its intellectual property or confidential information. Where an Engagement Agreement contains its own dispute resolution clause, that clause governs disputes about that engagement.
- Entire agreement: these Terms, together with the Privacy Policy, the Cookie Policy, and any applicable Engagement Agreement or Other Agreement, are the entire and exclusive agreement between you and Webzenia on their subject matter, and supersede any prior understanding on it.
- Severability: if any provision of these Terms is found to be invalid or unenforceable, the court should give effect to the intention behind it so far as possible, and the remaining provisions continue in full force.
- No waiver: a failure to exercise or enforce any right or provision is not a waiver of the right to enforce it later.
- Assignment: you may not assign or transfer your rights under these Terms without Webzenia's written consent. Webzenia may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
- Force majeure: Webzenia is not liable for any failure or delay caused by events beyond its reasonable control.
- Headings: section titles are for convenience only and have no legal effect.
- Relationship: nothing in these Terms creates a partnership, agency, or employment relationship between you and Webzenia.
Webzenia may change these Terms, and any documents referenced in or linked from them, at its discretion from time to time. Webzenia will post notice of material changes on the website. If you object to a change, your sole recourse is to stop using the website. Continued use of the website after a change takes effect means you accept the revised Terms. A legal notice or term expressly designated on a particular page may supersede a provision of these Terms for that page.
Questions about these terms
If you have any questions about these terms, need to send a legal notice, or require a signed copy for your records, contact us.
Webzenia Infotech, Mumbai, Maharashtra, India
Related: Privacy Policy · Cookie Policy