Terms & Conditions

Services:

• - Zapak offers a PC games download service, via the subscription to a games library.
• - Subscribers must be 18 years of age or older and must have the necessary PC equipment and a high speed Internet connection.
• - Subscribers must have the necessary PC equipment and a high speed Internet connection.
• - The User is allowed to login on only one PC at a time. The User is responsible for maintaining the confidentiality of their login and password.
• - In instances where the User has subscribed to a Game on Demand service and has hardware or software compatibility problem with a game, Zapak shall ask the User choose a compatible game or upgrade his computer.
• - By subscribing the User agrees to respect these rules of use and the Terms and conditions below. Please carefully read the following before using the Service.
• - In subscribing to this Service by clicking on the "I Agree" button, the User fully agrees to accept the Terms and Conditions, which is applicable to all users and uses of the Service.

Zapak has tried to make these Terms and Conditions as clear and precise as possible: for any questions concerning the present contractual terms and conditions, please contact us at: zameer.nathani@zapak.co.in

If, once you have obtained specific information, you find one of the clauses below unacceptable, we ask you not to subscribe to the Service.

1. Definitions

'You', 'Your', 'Subscriber', 'Subscribers', 'their', 'User' 'He/She' means the individual seeking to subscribe services from Zapak via its website.

'Service', 'Services' means the services supplied by Zapak to you in relation to these terms and conditions.

'Subscription' means the agreement that you will pay for our services by signing-up and registering your credit/debit card details or any other details via our website. By signing up for our subscription, we agree to provide services to you in accordance with these terms and conditions.

'Site', 'Website' means the website operated by us at the following address http://www.zapakplus.com

2. About Zapak

Zapak Digital Entertainment Limited, part of Reliance-Anil Dhirubhai Ambani Group (ADAG) is India's leading Gaming Company. We are one of the few gaming companies in the world that has not only captured but dominated all components of the Gaming Value Chain. Be it content publishing of online games, shared access through gaming cafes, retail distribution of Gaming CDs and Mobile games & applications.

3. Availability

In return for the payment of subscription fees, the Service allows the User to access certain PC games, at will, from a distance via a high speed internet (e.g. Broadband) connection. It also offers game information, articles and manuals, competitions, online communication and to be part of a community of gamers. Due to licensing agreements only people living in India may subscribe to the Services under this Terms of Use. Due to taxation and licensing reasons, only non-business customers may subscribe to the service.

4. Conditions Precedent

When validating his/her subscription to one of our collections, the User must fill in the proposed form to create his/her account (login, password, age, email address). He/she will then be able to download from the Zapak servers the necessary elements for playing the games in Zapak Library.

By filling this form the User accepts that the subscription and the access to their account depends on the information given at the time of subscription and Zapak's ability in identifying and charging the User.

Being aware of this, the User certifies that the information they have given is true, accurate, current and complete (updating as necessary).

In case of modifications to personal information between subscriptions, the User must correct the incorrect information and confirm the changes.

When the User uses the Service, he/she agrees to follow all instructions given, in the interests of the quality of the Service offered.

5. Pre-requisites

The Service is accessible from any PC compatible with the Service provided by Zapak, in case of incompatibility Zapak shall ask the User to choose a compatible game or upgrade his/her computer.

This PC must be connected to the Internet via a high speed internet connection (e.g. Broadband).

For running games the PC used must comply to minimum system requirements for each game as put forward by the game's editor.

In order to help the User, Zapak offers information on the compatibility of certain components of the User's computer for the games offered.

The user is permitted to use the software solely for his personal use and does not have the right to: sell, transfer, rent or give the software to a third party. When Zapak offers new software, the User is asked to use the most recent version for Services purposes. The software is given under a licensing contract and is in no way sold.

6. Subscription:

6.1 Subscription details

Term: The period of subscription is one (1) initial month and/or as per the subscription plans available on Zapak's website. The User can freely terminate the contract as long as he notifies Zapak of the termination as explained in article 6.3.

Price of subscription: The price of Services is as shown on the site at the day of subscription.
Zapak may modify the subscription fee anytime, without notice to the User, at its sole discretion.
Apart from this the following condition will apply to your Subscription, please read carefully.
a) Minimum Subscription Period: The minimum subscription period will be ONE (1) MONTH
b) Voluntary Closure of Subscription: If the subscriber withdraws his subscription on a date after the first month, the subscriber shall pay the full month charges for the month in which the service is withdrawn.

6.3 Cancellation of a subscription or a trial

The User can cancel for any reason; at any time his/her subscription to a Collection

7. Payment

Payment for various Services offered is carried by Airtel Bill

8. User obligations and code of conduct

8.1 Conformation of Use

The User is allowed to use the service for his sole and personal use. It forbids the use of Zapak service for professional, commercial and promotional aims. Zapak can in no way be held liable for a non-conform use of the Service.

8.2 Confidentiality

The User is solely responsible for the use of his/her Games on Demand login and password.
The User must maintain confidentiality of his password and login or any other confidential information on the Service.
If Zapak discovers the illegal use of Services, Zapak reserves the right to suspend the Service forthwith without liability.
In the occasion of repeated illegal use, Zapak reserves the right to terminate the Service and bar the User concerned from the Service.

8.3 Restriction

The user cannot, in any way, perform illicit activities that may result in harm to Zapak or any third party, these activities include but shall not be limited to distribute, broadcast, documents, information or words that would be defamatory, obscene, violent, threatening, harmful, leading to hate, discrimination, prostitution, consumption of illicit substances, harming the right to private data, the respect of the human person and dignity, the equality between sexes, the protection of children and youth, encourage crimes, transmitting files with bugs or altered information, erasing all copyrights or any other property marks, use the Service in a way that alters the access for other users, transmitting information or documents for commercial aims, hack, or trying to use in an illicit way the information offered by the service.
User agrees to refrain from any illicit acts aimed at disrupting or harming the Service and/or Zapak and/or any other party.

8.4 Copyrights

All the software, information, games, names, commercial names, product brands, inventions, and generally all creations available through the Service, remain the exclusive property of their copyrights respective owners, e.g. Zapak, the games editors concerned and any other copyright owners. All the programs, games, services functionalities are only licensed and not sold. This license is not a reserved property right. According to this licence, the User is not allowed to copy, photocopy, reproduce, translate, extract the source code, modify, de-assemble, decompile, create derived products inspired from programs, games, service or functionality, nor remove any owner's name or identification without previous written agreement.

The Use of the service is authorised for personal use and does not allow the User to:
- sell, transfer reproductions, rent or give programs, games, service or functionalities.
- exploit the programs, games, services or functionalities or any of their elements in a public place, notably cyber-cafe or video arcades.

9. Termination of the service Zapak reserves the right to suspend, or even terminate the User's access to the Service, in the event the User does not respect one or more Conditions stated in this contract.

10. Limitation of Liability

10.1 Service Continuity

Zapak cannot guarantee the transfer rates nor the response times for information that is independent of the Service as these problems may be due to inherent problems of the internet or the fault of a third party (e.g. internet service providers).
As the Service functions on a User managed computer, Zapak cannot be held responsible for problems in the Service due to the User's computer equipment.
The User agrees that Zapak cannot be held responsible for any damages, be they physical or mental, direct or indirect.
10.2 Accessible information

Zapak cannot, under any circumstances, be held responsible for the information available that is not published by Zapak, this covers all requested data transferred or put online by the User, and generally, all information read by the User over which Zapak has no editorial control.
Zapak also denies any responsibility in terms of compatibility, reliability, functioning, of programs others than those developed and provided by Zapak in case of an abusive use of the Service following the loss or theft of login and password, or more generally, the use of the Service by a non-authorized person.

10.3 Service Replacement

Zapak offers a Service that has been tested and that is compatible with all major computer equipments used to connect to Internet and play the game software. Zapak cannot under any circumstance be held responsible for potential difficulties to connect to the Service, as it largely depends on third party equipment and services.
It is agreed that should Zapak be liable, the User cannot reclaim more than a single refund of his/her fees, or the replacement of the incompatible games by others of the same genre and within the same price level.

11. Modifications of the General Terms and Conditions

The user is informed that Zapak has the right to change at any time the Terms of Use, as long as they are altered on the document available online.

12. Termination

The contract can be terminated by Zapak, without notice and with no compensation to the User if:
- the User acts contrary or fails to abide by one or more rules stated by the present Terms of Use
- if the Service is terminated, is due to a Public Authority decision, a jurisdiction, or any other legal disposition directly or indirectly imposing the termination of the Service

13. Consumer Information

To answer consumer needs for information on the content of the offered games, Zapak systematically maintains the information.

14. General

Zapak reserves the right to sell, transfer or bring in a third party for whatever reason whilst following the obligations of the present Terms of Use. If one of any of the dispositions stated in the present Terms of Use is taken as null or without object, it will be considered as not written and will not lead to the nullity of other stipulations.

THE USER DECLARES THAT HE/SHE HAS READ AND UNDERSTOOD THESE TERMS OF USE, HE/SHE HAS UNDERSTOOD ALL OF THE TERMS AND CONDITIONS AND THAT HE/SHE IS COMMITTED TO ABIDE THEM.

15. Governing Law, Amicable Resolution, Arbitration, Place of Arbitration and Jurisdiction of Courts:

This Agreement shall be governed by and construed under the laws of India. Any dispute arising out of or with respect to this Agreement shall be amicably resolved by and between the parties within 15 days from the date of dispute, failing which, either party may submit the dispute for resolution by way of Arbitration in Mumbai in accordance with the Arbitration and Conciliation Act, 1996 before sole arbitrator, Zameer Nathani or such sole arbitrator as appointed by Zapak shall be conducted at places as decided by Zapak. Each party shall bear its own costs and expenses of arbitration. The language of Arbitration shall be English. The Arbitration Award shall be final and binding on the parties hereto. All matters relating to such Arbitration shall be maintained in confidence. Subject to Arbitration, this Agreement shall be subject to the exclusive jurisdiction of the courts in Mumbai, India, in exclusion to any other Courts.