1.Terms and Conditions of Use - Important
1.1 - This website http://www.zootta.com and the Zootta mobile application (hereinafter referred to as the "Service"), are owned BY In Touch 4 Solutions LTD and operated and distributed by" Zootta mobile LTD" (hereinafter referred to as the "Service Provider", "we", "us" or "our") and is provided to you (hereinafter referred to as "you," "your" or "User") under the following terms and conditions, including any amendments thereto and any additional terms and conditions, rules or policies that may be applicable to the particular offerings made in connection with the Service (hereinafter collectively referred to as the "Terms and Conditions"). Your failure to follow the Service's rules, whether listed below or in supplemental notices posted at various points in the Service, may result in termination of your access to the Service, without notice, in addition to any of the Service Provider's other remedies available in law. Access to and use of the Service is subject to the terms and conditions of this User Agreement and Copyright Notice and all applicable laws and regulations, including laws and regulations governing copyright and trademark. The following rules may be modified by the Service Provider from time to time. Any such changes shall be reflected in an updated version of the Terms and Conditions posted on this Zootta site and the Zootta mobile application. BY ACCESSING THE SERVICE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, ALL OF THE TERMS AND CONDITIONS IN THIS USER AGREEMENT.
1.2 - The Service Provider may from time to time revise the terms, and you are therefore advised to read this page periodically to review the Terms, as any changes will be binding on you.
2.Description of the Services and charges.
2.1 - Zootta is an exciting and unique subscription based mobile service which enables you to Save and Retrieve your mobile contacts for life. It works on 98% of all phones across all leading mobile platforms and on all networks. The service is not restricted to any particular airtime tariff; it works on prepaid and monthly airtime packages. The service is available via mobile phone (mobile internet/WAP) and Personal Computer (fixed or wireless internet. The application has a unique diagnostic capability that will automatically check the phone’s internal capability to support Zootta.
The phone contacts are saved in a personal secure account which is password controlled. As you continuously update your contacts on your phone, you can save the most recent phonebook to your personal account as often as you like or need, 24 hrs a day. You can download your contacts from your secure account to any phone on any network whenever you need. This is a fantastic way to ensure that your contacts are always safe and available for you to use whenever you need to, enabling You to download them to a replacement, loan or spare phone in minutes, not hours, on any network. Zootta also provides you with other unique benefits which are specified in the About us section on the Zootta site "Home page", these include the ability to send your contacts to your email, notifying all your contacts in one go about your change of number and more.
2.2 - WAP access may be subject to additional data costs imposed by your Network Operator. Please contact your Network Operator for more information.
2.3 - Services are non-transferable to other users or accounts and have no cash or monetary value.
2.4 - Monthly subscription service-Customers can register and use Zootta Free.
2.5 - We are committed to making your use of the Zootta mobile application and the Zootta website as easy and enjoyable as possible. If you have any problems or questions, please contact us by writing to support@zootta.com or fill in a "Query" form under the support menu on the Zootta web site.
2.6 - To terminate you registration or membership write to support@zootta.com. Only one Stop request per phone number is allowed.
3. Reservation of Rights
3.1 - The Service and its benefits are offered at our discretion, and we have the right to modify or discontinue, temporarily or permanently, the Service, in whole or in part, for any reason, at our sole discretion. You agree that we will not be liable to you or any third-party for any modification or discontinuance of the Service, in whole or in part.
3.2 - By signing up with Zootta You agree to receive advertisement communications from us via, but not limited to, SMS Text Messaging, Direct Mail, Email and Telemarketing. Please read the Privacy Policy for further information on how your personal data might be used. Should you wish to unsubscribe from our mailing list at any time, please email the request to support@zootta.com
4. Membership registration
4.1 - When you register with Zootta to become a user, Your cellular telephone number will be used as your username on the Zootta mobile application and your email will become your username on the Zootta Site. You warrant that the number and email you give to us is true and correct, and that the mobile number is linked to the SIM used in conjunction with the cellular telephone you use when logging in to your user account.
4.2 - In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself where required and to maintain and promptly update your personal data to keep it true, accurate, current and complete. If you provide any information that is not true, is inaccurate, not current or is incomplete; or if we or any of our service providers have reasonable grounds to suspect that such information is not true, is inaccurate, not current or is incomplete; we have the right to suspend or terminate your account and to refuse any and all current or future use of the Service (or any portion thereof) by you.
5. Account security
5.1 - You will be asked to enter and verify your personal pin and enter your mobile phone number (MISDN) during the sign up process .You agree to maintain the confidentiality of your account details, and that you are fully responsible for all activities that occur under your password or account.
5.2 - You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security.
5.3 - We will not be liable for any loss or damage arising from your failure to comply with these conditions.
6. Your use of our Zootta Site and Service and mobile application and service.
6.1 - You are authorized to view and use our Site and the Services, provided it is for lawful purposes relating to Zootta services offered mainly the saving and retrieval of mobile contacts and the value added services specified in the about us page on the Zootta Site.
6.2 - You may not use the Site for any other purposes to transmit, distribute, store or destroy any material posted on this Site.
You are prohibited from: posting any material that may infringe any personal right, copyright, moral right, database right, trade mark, patent or any other intellectual right held by any party; posting any material that contains any viruses, worm or Trojan horse so as to cause any disruption to the Site; posting any material that contains any data, image or otherwise which is offensive, obscene or indecent or capable of being offensive, obscene or indecent; posting any false or inaccurate information, or information that is not your own.
6.3 - Zootta mobile does not warrant that you will always be able to communicate with your contacts or have access to the services and content. This may be for different reasons, amongst others, because you or your contact's cellular telephone does not have reception or if a telecommunications provider on whom you, your contact or Zootta rely to get the services, is unavailable.
6.4 - The Zootta application and the services rely on you having access to adequate bandwidth. It is your duty to make sure you have access to bandwidth and to pay your Internet service provider or Telephone Company for the bandwidth you use in connection with the services.
7. Property Copyright and Intellectual
7.1 - The contents of the Zootta Site and the Zootta mobile Application are protected under South African and international copyright laws and are the property of In Touch 4 Solutions and distributed by Zootta mobile. In Touch 4 Solutions has filed for patent on Zootta and has a patent pending status on the Zootta services.
7.2 - Zootta mobile does not grant any license or other authorization to any user of its trademarks, service marks, or other copyright works or intellectual property.
8. Privacy Statement and Data Protection
8.1 - Zootta mobile follows security procedures for the storage and disclosure of information, which you have given to Zootta mobile. Any personal information that you provide will be treated as confidential information by Zootta mobile. Please note that any information you provide to a third party will not be treated as confidential by Zootta mobile.
8.2 - You understand that Zootta mobile may not notify you in the event that In Zootta mobile is required by law to monitor your communication and that, if required by law, it has to and will if so directed disclose such communications together with your personal information to the relevant country law enforcing authority. Your rights as a consumer will always be respected and remain our highest priority.
8.3 - Although Zootta mobile will take reasonable care to ensure that your privacy is protected, Zootta mobile cannot guarantee your privacy. You agree that unless communication over the Internet has been encrypted that it is not secure. Zootta mobile does not encrypt your communication and You agree that Zootta mobile is not responsible for any unauthorized access to your communications or any damage of any nature suffered pursuant thereto.
9. Liability
9.1 - Zootta mobile shall use its reasonable endeavours to ensure that the Zootta Site and mobile Application has satisfactory functionality, however Zootta mobile cannot guarantee that the Zootta Site and mobile Application will be operational at all times, and as a result will not be liable for any failure or inability to provide a continuous, error free service.
9.2 - Zootta mobile cannot guarantee that Zootta will operate on all phones. Zootta will pre check your phones compatibility via a unique test application. This feature is there mainly to ensure that Zootta can run on the older generation phones. Zootta works on 98% of all phones and on all of the networks across all leading mobile platforms.
9.3 - Zootta mobile shall use its reasonable endeavours to ensure that the material on this Zootta website is accurate, but cannot accept any liability for information provided to it by third parties.
9.4 - Notwithstanding anything else contained in the Terms or on the Zootta Site or mobile application, Zootta mobile shall not accept any liability to You in connection with this Agreement howsoever arising in respect of loss of profits or contracts or for special, indirect or consequential loss or damage, or for any increased costs or expenses.
9.5 - You agree to defend, indemnify and hold harmless Zootta mobile and its affiliates from any and all claims, actions, proceedings, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising from your use of the Zootta Site, the Zootta mobile application and / or the Services.
9.6 - Nothing in these Terms shall seek to limit liability for death or personal injury caused by Zootta’s gross negligence or fraudulent misrepresentation made by Zootta mobile or any other statutory rights, which are not capable of being excluded.
9.7 - Zootta mobile shall not be liable to You for any direct, indirect, consequential, special or other damage to your computer systems or viruses, worms, Trojan horses or other destructive methods, howsoever caused, resulting from use of the Site.
9.8 - Zootta mobile shall not be liable for any costs you incur to obtain professional advice on these terms of use.
10. Termination
10.1 - You agree that In Zootta mobile has the right at any time to deny or restrict access to the Zootta Site or the Zootta mobile Application or access to third party services. Zootta mobile shall not have responsibility to inform any third party providers of services of restricted or denied access.
10.2 - The following clauses will survive the termination of these terms of use: 1 - intellectual property, 2 - all indemnity clauses, 3 - all clauses associated or indicating disclaimers and liability clauses.
11. General
11.1 - No variation or alteration to the Terms will be valid or of any force and effect unless reduced to text and posted on this site by the Service Provider. The Terms shall constitute the entire agreement and understanding of the parties and supersede any previous agreement between the parties relating to the subject matter of the Terms.
11.2 - You may not assign any of your rights and obligations under the Terms. You may not cede, assign, delegate or in any other way alienate or dispose of any or all of your rights and obligations under and in terms of these terms of use without the prior written approval of Zootta mobile and Zootta mobile on the other hand shall be entitled to cede, assign or otherwise transfer this agreement or its rights in terms of this agreement without your prior consent and without giving notice to you.
11.3 - Nothing in the Terms shall oblige Zootta mobile from discontinuing the Zootta Site, mobile Application or any other services provided through the Zootta Site or Application at some future date.
11.4 - If any of the provisions are held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if the Terms had been executed with the invalid provision eliminated. In the event of a holding of invalidity so fundamental as to prevent the accomplishment of the purpose of the Terms the parties shall immediately commence good faith negotiations.
11.4 - The Terms shall be governed, construed and shall take effect in accordance with the Laws of the UK and South Africa; and shall be subject to the exclusive jurisdiction of these courts. The law of the United Kingdom and the Republic of South Africa will apply to these terms of use and to all subsequent amendments and variations thereof, including the interpretation, validity, performance, consequences of breach, remedies, assessment of damages, extinguishing of obligations and limitations of actions.
11.5 - In the event of a court ruling that the provisions of the above clauses are invalid or nonbinding, you agree that Zootta mobile’s liability will be limited to an amount of 400 (Four hundred Pounds Sterling) for all claims during any calendar year.
Contact Us
- If you have any questions please contact us using any of the means below.
- General enquiries or Business - info@zootta.com
- Customer Service - support@zootta.com