Terms & Conditions

Zomunk is a strictly professional organisation owned and managed by Zomunk Technology Pvt Ltd (hereinafter referred to as "the company", "Zomunk", "us", "we" or "our") which shall include our affiliates, sisters concerns etc.

The website https://zomunk.com along with the mobile apps available at the Google Playstore and Apple Appstore ("Platform") and the information, services and other materials contained therein are provided and operated by Zomunk Technology Pvt Ltd. These Terms & Conditions along with our Privacy Policy shall also apply to Zomunk operated mobile/device applications, WhatsApp groups, Zoom/Microsoft Teams/Google Meets groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and any other online pages/forums/groups operated by Zomunk, which shall be deemed to be part of the 'Platform' by reference. The terms "you", "your", and "yours" refer to You (as the User of the Platform).

Please read the Terms & Conditions carefully before you start to use the Zomunk platform. By using the Zomunk platform in any way (including by viewing or browsing the Website, using the Apps, subscribing to Services, or viewing any Service's communications (including emails from Zomunk), or by clicking to accept or agree to the Terms & Conditions when this option is made available to you, you accept and agree to be bound and abide by these Terms & Conditions and the Zomunk Privacy Policy, found at https://zomunk.com/privacy and incorporated herein by reference.

The Zomunk platform is offered and available to users who are 18 years of age or older. By using the Zomunk platform, you represent and warrant that you are of legal age to form a binding contract with Zomunk and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Zomunk platform. Any action or activity undertaken by children below the age of 18 years on our Platform and/or while using our Services shall be deemed to have been taken with the consent and authorisation of their parent and/or legal guardian and the parent and/or legal guardian shall be fully responsible for the same. If you are a parent or legal guardian agreeing to the Terms & Conditions for the benefit of your child who is below 18 years of age, be advised that you are fully responsible for his/her use of our Platform and/or use of our Services, including all financial charges and legal liability that he/she may incur. By accessing and/or using the Platform and/or our Services, you represent and warrant that you have the right, authority, and capacity to enter into the Terms & Conditions and to abide by all of the Terms & Conditions set forth herein.

1. Acceptance of Terms & Conditions

These Terms & Conditions ("Terms & Conditions") constitute a legally valid and binding agreement between the User, and Zomunk Technology Pvt Ltd. These Terms & Conditions are an electronic contract recognised under the provisions of the Information Technology Act of 2000 read along with its Rules, and thereby governs the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use our Platform and/or our Programme and/or any related service offered on or through Zomunk and our related websites, services, applications, products (collectively, the "Services") and any/all information(s), content(s), video(s), data(s), graphic(s), layout(s), image(s), product(s), material(s) and service(s) (collectively, "Zomunk content") made available to you along with the Services or on our Platform. If you do not agree to these Terms & Conditions, promptly exit the page and stop accessing and using our Platform and/or our Services.

We retain the right to amend the Terms & Conditions from time to time, for instance when we update the functionality of our Services or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms & Conditions, such as through a notice on our Platform, however, you should look at the Terms & Conditions regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms & Conditions, which reflect the effective date of such Terms & Conditions. Your continued access or use of the Platform and/or our Services after the date of the new Terms & Conditions constitutes your acceptance of the new Terms & Conditions. You should not access and use the Platform and/or our Services if you do not agree with any changes to these Terms & Conditions. Your continued use of the Zomunk platform following the posting of revised Terms & Conditions means that you accept and agree to the changes. You are expected to check this page frequently so that you are aware of any changes, as they are binding on you.

2. Accessing the Zomunk platform and Account Security

Zomunk reserves the right to withdraw or amend the Zomunk platform, and any service or material provided on the Zomunk platform, in Zomunk's sole discretion without notice. Zomunk will not be liable if for any reason all or any part of the Zomunk platform is unavailable at any time or for any period. From time to time, Zomunk may restrict access to some parts of the Zomunk platform or the entire Zomunk platform to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Zomunk platform and for ensuring that all persons who access the Zomunk platform through your internet connection are aware of these Terms & Conditions and comply with them.

To access the Zomunk platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Zomunk platform that all the information you provide on the Zomunk platform is correct, current and complete. You agree that all the information you provide to register with the Zomunk platform, post on the Zomunk platform, or otherwise, including but not limited to through the use of any interactive features on the Zomunk platform, is governed by the Zomunk Privacy Policy, and you consent to all actions Zomunk takes with respect to your information consistent with the Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of Zomunk's security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Zomunk platform or portions of it using your user name, password or other security information. You will be responsible for all activities that occur under that password. You agree to notify Zomunk immediately of any unauthorised access to or use of your user names or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

You also represent and warrant that: (i) you will not select or utilise a user name (including an email address used as a user name) of another person with intent to impersonate that person; (ii) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorisation to use such name; and (iii) you will not select or utilise a user name, that Zomunk in its sole discretion deems offensive.

Zomunk has the right to disable any user name, password or other identifier, whether chosen by you or provided by Zomunk, at any time in its sole discretion for any or no reason, including if, in Zomunk's opinion, you have violated any provision of these Terms & Conditions.

3. Intellectual Property Rights

The Zomunk platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by Zomunk, its licensors or other providers of such material and are protected by Indian and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms & Conditions permit you to use the Zomunk platform, including all Services solely for your personal, non-commercial use only. If you wish to make commercial use of any of the materials accessed through the Zomunk platform, or wish to make materials public in any way, you must obtain prior express written consent from Zomunk. Without limiting the generality of the foregoing, the following are the types of uses that Zomunk expressly defines as falling outside of "non-commercial use"; the sale or rental of (1) any part of the Zomunk platform including the Services and any communications received via the Services; (2) any derivative works based at least in part on the Zomunk platform and Services; and (3) any collective work that includes any part of the Zomunk platform, including the Services and any communications received via the Services. You must not reproduce, distribute, modify, create derivative works of, public display, publicly perform, republish, download, store or transmit any of the material on the Zomunk platform, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• If Zomunk provides desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by Zomunk's end user license agreement for such applications.

You must not:

• Modify copies of any materials from the Zomunk platform, including the Services.
• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Zomunk platform.

Except as otherwise agreed to between you and Zomunk, you must not access or use for any commercial purposes any part of the Zomunk platform including any Services or materials available through the Zomunk platform.

If you wish to make any use of material on the Zomunk platform other than that set out in this section, please address your request to support@zomunk.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Zomunk platform in breach of the Terms & Conditions, your right to use the Zomunk platform will cease immediately, and you must, at Zomunk's option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Zomunk platform or any content on the Zomunk platform or provided by the Services is transferred to you, and all rights not expressly granted are reserved by Zomunk. Any use of the Zomunk platform not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark and other laws.

4. Trademarks

The Zomunk name, Zomunk logos, and all related names, logos, product and service names, designs and slogans are trademarks of Zomunk or its affiliates or licensors. You must not use such marks without the prior written permission of Zomunk. All other names, logos, product and service names, designs and slogans on the Zomunk platform are the trademarks of their respective owners.

5. Prohibited Uses

You may use the Zomunk platform including the Services, only for lawful purposes and in accordance with these Terms & Conditions. You agree to not use the Zomunk platform

• In any way that violates any applicable central, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from India or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise
• To send, knowingly receive, upload, download, use or re-use any material with does not comply with the Content Standards set out in these Terms & Conditions
• To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation
• To impersonate or attempt to impersonate Zomunk, a Zomunk employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Zomunk platform, or which, as determined by Zomunk, may harm Zomunk or users of the Zomunk platform or expose them to liability.

Additionally, you agree not to:

• Use the Zomunk platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Zomunk platform, including their ability to engage in real time activities through the Zomunk platform.
• Use any robot, spider or other automatic device, process or means to access the Zomunk platform for any purpose, including monitoring or copying any of the material on the Zomunk platform.
• Use any manual process to monitor or copy any of the material on the Zomunk platform or for any other unauthorised purpose without Zomunk's prior written consent.
• Use any device, software or routine that interferes with the proper working of the Zomunk platform.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorised access to, interfere with, damage or disrupt any parts of the Zomunk platform, the server on which the Zomunk platform is stored, or any server, computer or database connected to the Zomunk platform.
• Attack the Zomunk platform via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Zomunk platform.
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded. Falsify the origin or source of software or other material contained in a file that is uploaded
• Advertise or offer to sell any goods or services, or conduct or forward surveys, contests or chain letters, or download any file posted by another user of a Forum that the User knows, or reasonably should know, cannot be legally distributed in such manner.
• use this Website or its contents for any commercial purpose;
• make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;
• violate the restrictions in any robot exclusion headers on this Website or bypass or circumvent other measures employed to prevent or limit access to this Website;
• take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
• deep-link to any portion of this Website (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or
• 'frame', 'mirror' or otherwise incorporate any part of this Website into any other website without our prior written authorization.
• host, display, upload, modify, publish, transmit, update or share the following:

1. Information belonging to another person for which the user does not have any right.
2. Information that is hateful, grossly harmful including harmful to minors, paedophilic, invasive of another privacy, racially, ethnically objectionable, disparaging, encouraging money laundering or gambling.
3. Information that infringes any Patent, Trademark, Copyright or other Proprietary rights.
4. Information that deceives or misleads the addressee about the origin of such message or communicates any information which is grossly offensive or menacing in nature.
5. Information that threatens the unity, integrity, defence, Security or Sovereignty of India, friendly relation with foreign states or Public order or cause incitement to the commission of any cognizable offence or prevents investigation of any offence or insulting any other nation.
6. Information that impersonates another person.

If your booking or account shows signs of fraud, abuse, or suspicious activity, Zomunk may cancel any travel or service reservations associated with your name, email address, or account, and close any associated Zomunk accounts. In addition, Zomunk may verify (i.e. preauthorize) your credit card. If you have conducted any fraudulent activity, Zomunk reserves the right to take any necessary legal action and you may be liable for monetary losses to Zomunk, including litigation costs and damages. To contest the cancellation of a booking or freezing or closure of an account, please contact Zomunk Customer Service. Zomunk reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of Zomunk's systems as well as its client's interests are and remain, well-protected. Towards this end, Zomunk may take various steps to verify and confirm the authenticity, enforceability and validity of orders placed by you. If Zomunk, in its sole and exclusive discretion, concludes that the said transactions are not or do not reasonably appear to be, authentic, enforceable or valid, then Zomunk may cancel the said orders at any time up before the scheduled time of departure of the relevant flight or before the expected date of visit to any property booked through Zomunk.

6. User Contributions

The Zomunk platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, community areas and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Zomunk platform.

All User Contributions must comply with the Content Standards set out in these Terms & Conditions.

Any User Contribution you post to the Zomunk platform will be considered non-confidential and non-proprietary. By providing any User Contribution on the Zomunk platform, you grant Zomunk and its affiliates and service providers, and each of their and Zomunk's respective licensees, successors and assigns the right to use reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

• You own or control all rights in and to the User Contributions and have the right to grant the licence granted above to Zomunk and Zomunk's affiliates and service providers and each of their and Zomunk's respective licensees, successors and assigns.
• All of your User Contributions are truthful, accurate, appropriate and comply with applicable law.
• All of your User Contributions do and will comply with these Terms & Conditions.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Zomunk, has full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

Zomunk is not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Zomunk platform

7. Monitoring and Enforcement; Termination

Zomunk has the right to:

• Remove or refuse to post any User Contributions for any or no reason in its sole discretion. Zomunk may add, change, discontinue, remove, edit or suspend such User Contributions at any time for any reason without notice to you, without your permission, and without liability.
• Take any action with respect to any User Contribution that Zomunk deems necessary or appropriate in Zomunk's sole discretion, including if Zomunk believes that such. User Contribution violates the Terms & Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Zomunk Platform or the public or could create liability for Zomunk.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorised use of the Zomunk Platform.
• Terminate or suspend your access to all or part of the Zomunk Platform for any or no reason, including without limitation, any violation of these Terms & Conditions.

Without limiting the foregoing, Zomunk has the right to fully cooperate with any law enforcement authorities or court order requesting or directing Zomunk to disclose the identity or other information of anyone posting any materials on or through the Zomunk Platform.

YOU WAIVE AND HOLD HARMLESS ZOMUNK AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, Zomunk cannot and does not undertake to review all material before it is posted on the Zomunk Platform and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Zomunk assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. Zomunk has no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

8. Content Standards

These content standards ("Content Standards") apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable central, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms & Conditions and Zomunk's Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by Zomunk or any other person or entity, if this is not the case.

9. Copyright Infringement

If you believe that any User Contributions violate your copyright, please inform Zomunk immediately at support@zomunk.com. It is the policy of Zomunk to terminate the user accounts of repeat infringers.

10. Reliance on Information Posted

The information presented on or through the Zomunk Platform is made available solely for general information purposes. Zomunk does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Zomunk disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Zomunk Platform, or by anyone who may be informed of any of its contents.

The Zomunk Platform may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Zomunk, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Zomunk. Zomunk is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

11. Changes to the Zomunk Platform

Zomunk may update the content on the Zomunk Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Zomunk Platform may be out of date at any given time, and Zomunk is under no obligation to update such material.

12. Paid and Premium Services, Free Trials and Cancellation Policy

If you purchase any Services from Zomunk (the "Premium Services"), you agree to pay the applicable fees and taxes. Failure to pay these fees may result in the termination of the Premium Services. From time to time, Zomunk may offer a free trial of Premium Services for a period of 14 days (a "Free Trial"). After the duration of the Free Trial (the "Free Trial Term"), the Free Trial will automatically become a regular paid subscription to the Premium Services, and Zomunk will bill for the first segment of the Premium Services that you have signed up for (i.e. annually) on the 1st day after your Free Trial Term ends unless you cancel during the Free Trial Term. Each User may redeem only one Free Trial.

Zomunk offers a 7-day refund policy with no questions asked for the Premium Services. If you are not satisfied with the Premium Services, you may request a full refund within 7 days of your purchase. Once the refund is initiated, the amount will be credited to your bank account within 5–10 working days.

Zomunk has no obligation to notify you when (1) your Free Trial ends or is scheduled to end, or (2) when your account is charged or is scheduled to be charged. To cancel your Free Trial, you may cancel your subscription directly in your account here: https://zomunk.com/user/billing. If you do not cancel your Free Trial during the Free Trial Term, you will be billed for the first annual period of Premium Services on the 1st day after the Free Trial Term ends. Our subscription charges are billed according to the schedule you signed up for (i.e. monthly, quarterly, semi-annually, or annually) and are not refundable once they have been charged. We do not issue pro-rated refunds on any unused portion of your subscription.

If you do not cancel any Premium Services prior to the end of the Premium Services term, the Premium Services will automatically renew at the current Zomunk rate, and automatically billed and charged to you using the payment method originally used to purchase the Premium Services.

You agree to contact us at support@zomunk.com if there are any billing issues, duplicate charges, etc., before disputing any charges as illegitimate.

13. Information About You and Your Visits to and Use of the Zomunk Platform

All information Zomunk collects via the Zomunk Platform, including the Services, is subject to Zomunk's Privacy Policy. By using the Zomunk Platform, you consent to all actions taken by Zomunk with respect to your information in compliance with the Privacy Policy.

14. Linking to the Zomunk Platform and Social Media Features

You may link to Zomunk's homepage at https://zomunk.com, provided you do so in a way that is fair and legal and does not damage Zomunk's reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on Zomunk's part without Zomunk's express written consent.

The Zomunk Platform may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on the Zomunk Platform.
• Send e-mails or other communications with certain content, or links to certain content, on the Zomunk Platform.
• Cause limited portions of content on the Zomunk Platform to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by Zomunk, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions Zomunk provides with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Zomunk Platform or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
• Otherwise take any action with respect to the materials on the Zomunk Platform that is inconsistent with any other provision of these Terms & Conditions.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms & Conditions.

You agree to cooperate with Zomunk in causing any unauthorised framing or linking immediately to cease. Zomunk reserves the right to withdraw linking permission without notice.

Zomunk may disable all or any social media features and any links at any time without notice at Zomunk's discretion.

15. Links from the Zomunk Platform

If the Zomunk Platform, including the Services, contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. Zomunk has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Zomunk Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

16. Geographic Restrictions

The owner of the Zomunk Platform, Zomunk, is based in the Jurisdiction of India. Zomunk makes no claims that the Zomunk Platform or any of its content is accessible or appropriate outside of India. Access to the Zomunk Platform may not be legal by certain persons or in certain countries. If you access the Zomunk Platform from outside India, you do so on your own initiative and are responsible for compliance with local laws. If you are visiting the Zomunk Platform or using the Services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your registration or personal information) across international boundaries. By visiting the Zomunk Platform, using the Services, and/or communicating electronically with Zomunk, you consent to such transfers. If you access the Zomunk Platform from outside India, you do so on your own initiative and are responsible for compliance with local laws.

17. Disclaimer of Warranties

YOU UNDERSTAND THAT ZOMUNK AND ITS LICENSORS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE ZOMUNK PLATFORM, INCLUDING THE SERVICES, WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO ZOMUNK PLATFORM FOR ANY RECONSTRUCTION OF ANY LOST DATA. ZOMUNK WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ZOMUNK PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ZOMUNK PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE ZOMUNK PLATFORM, ITS CONTENT AND ANY SERVICES OR GOODS OR OTHER ITEMS OBTAINED THROUGH THE ZOMUNK PLATFORM, IS AT YOUR OWN RISK. THE ZOMUNK PLATFORM, ITS CONTENT AND ANY SERVICES, GOODS OR ITEMS OBTAINED THROUGH THE ZOMUNK PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ZOMUNK NOR ANY PERSON ASSOCIATED WITH ZOMUNK MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, TIMELINESS OR AVAILABILITY OF THE ZOMUNK PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER ZOMUNK NOR ANYONE ASSOCIATED WITH ZOMUNK REPRESENTS OR WARRANTS THAT THE ZOMUNK PLATFORM, ITS CONTENT OR ANY SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE ZOMUNK PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT ZOMUNK'S WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE ZOMUNK PLATFORM OR ANY SERVICES, GOODS OR OTHER ITEMS OBTAINED THROUGH THE ZOMUNK PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ZOMUNK HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Limitation on Liability

EXCEPT AS OTHERWISE PROVIDED, IN NO EVENT WILL ZOMUNK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE ZOMUNK PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES AVAILABLE THROUGH THE ZOMUNK PLATFORM, OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ZOMUNK PLATFORM OR SUCH OTHER WEBSITES, AND ANY GOODS PURCHASED THROUGH THE ZOMUNK PLATFORM, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

SUBJECT TO THE FOREGOING, YOU USE THE SERVICES AT YOUR OWN RISK AND IN NO EVENT SHALL ZOMUNK (OR THEIR OFFICERS, DIRECTORS AND/OR EMPLOYEES) BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION OF ANY TYPE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THE SERVICES OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THE SERVICES (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON REVIEWS AND OPINIONS APPEARING ON OR THROUGH THE SERVICES; ANY VIRUSES, BUGS, TROJAN HORSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS AND SERVICES OBTAINED THROUGH THE SERVICES (INCLUDING, BUT NOT LIMITED TO ANY ZOMUNK SYNCHRONIZATION PRODUCT).

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Zomunk has no responsibility whatsoever for any arrangements you make with any third party as a result of your use of our Services or Platforms (including, without limitation, any Travel Provider). If you encounter any problems with any booking you make or attempt to make via Zomunk, you acknowledge that you should resolve that issue with the relevant Travel Provider and that your sole remedy in such circumstances, including any refund, lies with the relevant Travel Provider and not with Zomunk. Where our Services or Platforms contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

You may see advertising material submitted by third parties on our Services and Platforms. Each individual advertiser is solely responsible for the content of its advertising material and Zomunk accepts no responsibility for the content of advertising material, including, without limitation, any errors, omissions or inaccuracies.

Nothing in these Terms & Conditions shall limit or exclude (a) our liability in respect of death or personal injury caused by our negligence or for our fraud or fraudulent misrepresentation; (b) any other liability that cannot be excluded by law; or (c) your statutory rights.

Subject to these Terms & Conditions, you will be responsible and liable to us for all actions, claims, proceedings, costs, damages, losses and expenses (including, without limitation, legal fees) incurred by us and each of our officers, directors, employees and agents, arising out of or in any way connected with your use of our Services or Platforms or breach of these Terms.

19. Indemnification

You agree to defend, indemnify and hold harmless Zomunk, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms & Conditions or your use of the Zomunk Platform, including, but not limited to, your User Contributions, any use of the Zomunk Platform's content, Services, Goods and products other than as expressly authorized in these Terms & Conditions or your use of any information obtained from the Zomunk Platform.

20. Governing Law and Jurisdiction

All matters relating to the Zomunk Platform and these Terms & Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of India without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action or proceeding arising out of, or related to, these Terms & Conditions or the Zomunk Platform, including the Services and goods obtained through the Zomunk Platform, shall be instituted exclusively in the courts of Delhi, although Zomunk retains the right to bring any suit, action or proceeding against you for breach of these Terms & Conditions in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

21. Arbitration

By using the Zomunk Platform, in any way, including obtaining Services, Goods and gift cards, you unconditionally consent and agree that: (1) any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Zomunk arising out of, relating to, or connected in any way with the Zomunk Platform or the determination of the scope or applicability of these Terms & Conditions, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act of India, which is deemed to be incorporated by reference into this clause. The number of arbitrators shall be one. The seat, or legal place, of arbitration shall be New Delhi, India. The language to be used in the arbitration shall be the English language. That the courts of Delhi shall have exclusive jurisdiction.

22. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS & CONDITIONS OF USE OR THE ZOMUNK PLATFORM, GOODS AND GIFT CARDS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

23. Waiver and Severability

No waiver by Zomunk of any term or condition set forth in the Terms & Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Zomunk to assert a right or provision under the Terms & Conditions shall not constitute a waiver of such right or provision.

If any provision of the Terms & Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms & Conditions will continue in full force and effect.

24. Entire Agreement

The Terms & Conditions, Privacy Policy, and any other services agreement between You and Zomunk, and any other documents referenced in the Terms & Conditions, constitute the sole and entire agreement between you and Zomunk with respect to the Zomunk Platform, including Services, Goods and gift cards obtained through the Zomunk Platform, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Zomunk Platform, including Services and Goods obtained through the Zomunk Platform.

25. Payment Terms

Zomunk has tied up with third parties like RazorPay, google pay, apple pay, etc. for payments on the website and the sole responsibility regarding the payments lies with the third party operators. In case of any payments wrongly credited to the third party, Zomunk shall not be responsible for the refund or reversal of the payments.

You agree that apart from booking charges as charged by the Operator, Zomunk may charge an additional amount in the nature of convenience fee or service fee. The said additional charges cover the cost incurred by Zomunk towards facilitating such booking. You agree that the said charges are strictly non-refundable in nature. You further agree that the amount collected by Zomunk for any given booking is passed on to the Operator and therefore, Zomunk cannot be called as an Operator just because it collects payment for any booking.

The estimate cost provided at the time of booking is not to be construed as the final price, unless specifically indicated. The final amount will be calculated at the website which is offering the booking.

Any booking is subject to applicable cancellation policy set out on the booking page or as communicated to the User at the time of booking.

You also agree that expenses like government charges, Goods & Services Tax & any other Government Tax as per Government guidelines are to be borne by you. You also understand that in case of violation of any traffic and/or road rules, penalty charged by any concerned authority shall be borne by you.

26. Your Comments and Concerns

The Zomunk Platform is operated by Zomunk Technology Private Limited.

All notices of copyright infringement claims should be sent to the copyright agent designated in Zomunk's Copyright Policy as set forth below in the manner and by the means set forth therein.

All other feedback, comments, requests for technical support and other communications relating to the Zomunk Platform should be directed to: support@zomunk.com.

Copyright Policy

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

Zomunk takes claims of copyright infringement seriously. Zomunk will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Zomunk Platform infringe your copyright, you may request removal of those materials (or access to them) from the Zomunk Platform by submitting written notification to Zomunk's copyright agent designated below. In accordance with the laws of India, the written notice must include substantially the following:

• Your physical or electronic signature.
• Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Zomunk Platform, a representative list of such works.
• Identification of the material you believe to be infringing in a sufficiently precise manner to allow Zomunk to locate that material.
• Adequate information by which Zomunk can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the written notice is accurate.
• A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Zomunk's designated copyright agent to receive Notices is:

• NAME: Karann Dembla
• ADDRESS: 470 Sector 15 A, Faridabad - 121007, Haryana
• EMAIL: support@zomunk.com

If you fail to comply with all of the requirements of the intellectual property laws of India, your Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Zomunk Platform is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under the laws of India.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the Zomunk Platform was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with Zomunk (a "Counter-Notice") by submitting written notification to Zomunk's copyright agent designated above. That the Counter-Notice must include substantially the following:

• Your physical or electronic signature.
• An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
• Adequate information by which Zomunk can contact you (including your name, postal address, telephone number, and, if available, email address).
• A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
• A statement that you will consent to the jurisdiction of the District Court for the judicial district in which your address is located (or if you reside outside India for any judicial district in which the Zomunk Platform may be found) and that you will accept service from the person (or an agent of that person) who provided the Zomunk Platform with the complaint at issue.

Zomunk reserved the right to restore the removed content if the party filing the original Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Zomunk Platform was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees).

REPEAT INFRINGERS

It is Zomunk's policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. Zomunk may in its absolute discretion immediately terminate any agreement with you under these Terms & Conditions at any time upon notice to you and/or, if you have a log-in account, by cancelling your membership and your access to your account and removing any User Content you have uploaded to our Services or Platforms. Zomunk may suspend your access and use in whole or in part without notice at any time, for example to prevent you from uploading any User Content, without incurring any liability to you whatsoever.