These terms and conditions of use (“Terms”) apply to your use of the www.zuerst.digital website (the “Site”), provided by Zuerst Digital Pvt. Ltd. and its affiliates (“Zuerst Digital”). Zuerst Digital does not take any responsibility for the accuracy of the information present on this Site. Zuerst Digital reserves the right to change any and/or all information (including Terms). If Zuerst Digital does make any such changes, the revised documents will be posted on this Site and the publication date will be updated. However, Zuerst Digital will not provide any other type of notice to you directly. We sincerely encourage you to periodically check all documents relevant to your situation in order to stay informed about their status.
DISCLAIMER OF WARRANTY
All materials contained herein are provided “AS IS” without warranty. Zuerst Digital disclaims warranties of any kind, including all conditions of merchantability, whether expressly implied or statutory, fitness for a particular purpose, title and non-infringement as well as warranties concerning availability, accuracy or content of data or other information. Zuerst Digital does not warrant that the Site or the functions, features, or content contained therein will be timely, secure, uninterrupted or error free, or that defects will be corrected. Zuerst Digital shall not be responsible for any malfunctions, errors, crashes or other adverse events that may occur in connection with your use of the Site. Any use of the materials of this Site is at your own discretion and risk and you are solely responsible for any damage to your computer system, including but not limited to loss of data. If you are dissatisfied with the Site or any content or function thereon, you should simply discontinue accessing the Site.
LIMITATION OF LIABILITY
Under no circumstances shall Zuerst Digital be liable for any kind of damages indirect or consequential, including loss of profits or revenues and/or costs of replacement goods or damages resulting from the use of the information or materials present, even if Zuerst Digital was informed in advance of the possibility of such damages.
While using the Site, you shall not:
“Upload, post or transmit to, or otherwise publish through, the Site any material that violates any provision of these Terms; “Restrict or inhibit any other user from using and enjoying the Site; “Conduct yourself or encourage others to conduct themselves in a manner that would constitute a criminal offense or give rise to civil liability; “Impersonate or misrepresent your affiliation with any other person or entity; “Upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); “Engage in spamming or flooding; or “Attempt to gain unauthorized access to other computer systems through the Site.”
Zuerst Digital retains the right, but does not assume any obligation, to monitor the Site and to disclose any information as Zuerst Digital deems necessary or appropriate to satisfy any law, regulation or other governmental request, to comply with any subpoena or other legal process, to operate the Site properly, to protect ourselves or our users or for other reasons as Zuerst Digital determines in our sole discretion. Zuerst Digital reserves the right to remove or refuse to post any information or materials, in whole or in part, that we determine,are unacceptable, undesirable, inappropriate or in violation of these Terms. Zuerst Digital may also suspend or terminate your use of the Site at any time.
Any software that is made available to download from this Site is the copyrighted work of Zuerst Digital and/or its suppliers. Such software shall be used in accordance with the respective terms of the End User License Agreement (EULA) that accompanies the software. Any use of the Software not in accordance with the respective EULA is expressly prohibited.
USE OF CONTENT
All the information, communications, software, scripting, photos, text, video, graphics, music, sounds, images and other materials found on this Site (collectively referred to as “Content”) may be used for informational and non-commercial or personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not use the content of the Site for commercial purposes without the prior expressed written consent of Zuerst Digital. The unauthorized copying, displaying, or other use of any Content from this Site is a violation of the domestic and/or international legislation and may be pursued to the full extent of federal and state law. Permission to link to Zuerst Digital from any site is not required, but prior notification to Zuerst Digital would be appreciated.
COPYRIGHT AND TRADEMARKS
All product and brand names are trademarks or registered trademarks of their respective holders. The trademark of Zuerst Digital is provided for your information and by making it available Zuerst Digital does not grant you a license to use it. The copyright in all material provided on this Site is held by Zuerst Digital or by the original creator of the material. Neither title nor intellectual property rights are transferred to you, but remain the full and complete rights and title of Zuerst Digital or the original creator.
LINKS TO THIRD-PARTY SITES
This Site may provide links to other third-party sites. Zuerst Digital makes no representations whatsoever about any other site which you may access through this Site. You acknowledge and agree that Zuerst Digital is not responsible for the content of any linked site or any link contained in a linked site. References on this Site to any names, marks, products or services of any third parties or hypertext links to third party sites or information are provided solely for your convenience and do not constitute an endorsement by or association with Zuerst Digital of such sites or the content, products, advertising or other materials presented on such sites. You acknowledge and agree that Zuerst Digital is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such linked sites.
This site is operated by Zuerst Digital from within the India. Zuerst Digital makes no representation that the materials of the Site are available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so at their own risk and are responsible for compliance with any applicable local laws. User may not use or transfer the materials of the Site in violation of India export or other law and regulations. Any claim relating to the Terms shall be governed by the Laws of the State of Kerala, India.
DATA SUBJECT RIGHTS
Zuerst Digital may use your personal information provided by you through the Site (e.g. name. email, phone number, etc.) or collected during your use of the Site (e.g. IP address, location information, site usage data, etc.) for communication and analytics purposes.
We will only process your personal data where we have a legal basis to do so. The legal basis will depend on the reasons we have collected and need to use your personal data for. We may process your personal data because:
- you have consented to us using your personal data;
- we need to comply with a legal obligation;
- it is in our legitimate interests in operating.
We will not retain your data for longer than it is necessary to fulfil the purpose it is being processed for. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal data, the purposes for which we process it and whether we can achieve those purposes through other means. We must also consider periods for which we might need to retain personal data in order to meet our legal obligations or to deal with complaints, queries and to protect our legal rights in the event of a claim being made. When we no longer need your personal data, we will securely delete or destroy it.
You, as a Data Subject, have the right to:
- Request information about whether we hold personal information about you, and, if so, what that information is and why we are holding/using it.
- Request access to your personal information. This enables you to receive a copy of the personal information we hold about you and to check that we are lawfully processing it.
- Request correction of the personal information that we hold about you. This enables you to have any incomplete or inaccurate information we hold about you corrected.
- Request erasure of your personal information. This enables you to ask us to delete or remove personal information where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal information where you have exercised your right to object to processing (see below).
- Object to processing of your personal information where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground. You also have the right to object where we are processing your personal information for direct marketing purposes.
- Object to automated decision-making including profiling, that is not to be subject of any automated decision-making by us using your personal information or profiling of you.
- Request the restriction of processing of your personal information. This enables you to ask us to suspend the processing of personal information about you, for example if you want us to establish its accuracy or the reason for processing it.
- Request transfer of your personal information in an electronic and structured form to you or to another party. This enables you to take your data from us in an electronically useable format and to be able to transfer your data to another party in an electronically useable format.
- Withdraw consent. You have the right to withdraw your consent to the collection, processing and transfer of your personal information for a specific purpose at any time. Once we have received notification that you have withdrawn your consent, we will no longer process your information for the purpose or purposes you originally agreed to, unless we have another legitimate basis for doing so in law.
If you want to exercise any of these rights, then please contact us via email at [email protected]. The statutory request response time is one month.
We may need to request specific information from you to help us confirm your identity and ensure your right to access the information (or to exercise any of your other rights). This is another appropriate security measure to ensure that personal information is not disclosed to any person who has no right to receive it.