The Zaky logo

TERMS, CONDITIONS, AND DISCLAIMERS

This Agreement was last revised on October 05th, 2020.

I.              INTRODUCTION

The Zaky (“Mobile Application”) owned by Nurtured by Design (“We”, “us”, “our” and “Company”) welcomes you.  

We offer you access to our services through our “Mobile Application” (defined below) subject to the following Terms and Conditions, which may be updated by us from time to time with or without notice to you.  By accessing and using this Mobile Application, you acknowledge that you have read, understood and agree to be lawfully bound by these terms and conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Mobile Application. 

II.           DEFINITIONS

   -   “Agreement” denotes to this Terms and Conditions, Disclaimers, and the Privacy Policy and other documents provided to you by the Mobile Application;

   -   “Service” or “Services” denotes any service shown below, which we may offer from our Mobile Application.

   -   “Product” or “Products” denotes any goods available for sale through our Mobile Application.

   -   “User”, “You” and “Your” denotes to the person who is accessing the Mobile Application for taking or availing any service from us;

   -   "Customer” refers to the users, accessing the Mobile Application for taking various services from the app;

   -   “We”, “us”, “our” and “Company” are references to Nurtured by Design;

   -   ”Mobile Application” shall mean and include  The Zaky, mobile-application (“App” or “Mobile Application”) and any successor Mobile Application of the Company or any of its affiliates;

   -   "User Account” shall mean an electronic account opened for the User for availing various services offered in the Mobile Application;

III.         INTERPRETATION

   -   All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".

   -   Words used herein regardless of the number and gender specifically used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or non-binary, as the context requires.

   -   Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

   -   All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the Terms of this Agreement.

IV.        INTRODUCTION AND SCOPE

   -   Scope. These Terms govern your use of the Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Services, which are governed by their own terms of service.

   -   Eligibility: Certain Service of the Mobile Application is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason.

   -   Electronic Communication: When you use this Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

 V.           SERVICES

The Zaky is a meticulously designed mobile application to track of newborns’ activities and information, invite guests to participate in the activities tracked, educate parents about Kangaroo Care (a method to hold babies skin to skin contact), improve implementation, awareness, practice, and safety of Kangaroo Care.

This app is funded by the Bill and Melinda Gates Foundation and Nurtured by Design.

VI.        MODIFICATIONS TO THE SERVICE

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its Mobile Application.

VII.      REGISTRATION

For accessing the Mobile Application and using its Resources, you may be required to provide specific information and to create a user ID and password to establish an account.

You accept that the details you provide about establishing any account are correct and that you will keep your details up-to-date. You are responsible for the security of all of your user names, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your user names and passwords at any time with or without notice.

 Registration and Access

   -   The Mobile App is free to use.
   -   Users have to download the App from Play Store for Android users and App Store for Apple users.

 

VIII.    USER CONTENT

Content Responsibility

The Mobile Application permits you to share content, post comments, feedback etc. (“content”) but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the Mobile Application, do not post content that:

   -   contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature
   -   is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims
violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community
   -   discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law
   -   violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance
   -   transmits viruses or other harmful, disruptive or destructive files
   -   sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects
   -   Information or data which are unlawfully obtained

Any such submitted content will be refused. If repeated violations occur, we reserve the right to cancel user access to Mobile Application without advanced notice.

IX.         PAYMENT

   -   You will not be charged for using The Zaky mobile application.
   -   We are happy to support you if there is any issue you can contact The Zaky team for any inquiry or problem.
   -   We take customer feedback very seriously and use it to constantly improve the quality of service.

 

X.           LIMITED GUARANTEE

By this Mobile Application:

   -   We provide an opportunity for you to avail the offered Services from our Mobile Application.
   -   We do not provide any warranty or guarantee that the Service descriptions are accurate, complete, reliable, current, or error-free. If a Service offered by the Mobile Application is not as described, your sole remedy is to intimate us about Services for taking further action.

XI.         GEOGRAPHIC RESTRICTION

Although the information on this Mobile Application is accessible worldwide, not all products or services discussed in this Mobile Application are available to all persons or in all geographic locations or jurisdictions. We reserve the right, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Mobile Application is invalid where banned.

XII.      USER RESPONSIBILITIES

   -   You shall use the Service and Mobile Application for a lawful purpose and comply with all the applicable laws while using the Mobile Application;
   -   You shall not upload, any content on the Mobile Application that:
            -   Defamatory, infringes any trademark, copyright, or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, including any sensitive information about any person.
   -   You shall not use or access the Mobile Application for collecting any market research for some competing business;
   -   You shall not misrepresent or personate any person or entity for any false or illegal purpose;
   -   You will not use any device, scraper or any automated thing to access the Mobile Application for any purpose without taking permission from us.
   -   You will inform us about anything is inappropriate or  you can inform us if you find something illegal in the Mobile Application;
   -   You will not interfere with or try to interrupt the proper operation of the Mobile Application through the use of any virus, device, transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Mobile Application through hacking, password or data mining, or any other means;
   -   You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Mobile Application or any service, or any portion of the Mobile Application or service, without notice, and to remove any content.

XIII.    NO ADVISORY

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Mobile Application (including information provided in direct response to your questions or postings) may be provided by individuals. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.

XIV.   GENERAL CONDITIONS

For the Users

   -   We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
   -   We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
   -   The Mobile Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub-licensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
   -   You further acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support services concerning the App.
   -   You acknowledge and agree that we are not responsible for addressing any claims you or any third party may have concerning the Mobile Application;
   -   The Zaky reserves the right to suspend/terminate usage or access to the platform or system.

 

XV.      EXCLUSION OF LIABILITY

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of The Zaky  mobile application including loss of data or information or any kind of financial or physical loss or damage.

In no event shall Nurtured by Design, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.

XVI.   NO RESPONSIBILITY

The Zaky mobile app is not intended to diagnose, treat, cure, or prevent any disease.

We are not responsible to you for:

   -   any reliance that you may place on any material or commentary posted on our Mobile Application. Please note that nothing contained in our Mobile Application or the material published on it is intended to amount to advice on which you should rely; or
   -   any losses you suffer because the information you put into our Mobile Application is inaccurate or incomplete; or
   -   any losses you suffer if you misrepresent any fact which may influence the Service provider’s decision to accept the risk or the terms offered; or
   -   any losses you suffer because you cannot use our Mobile Application at any time; or
   -   any errors in or omissions from our Mobile Application; or
   -   any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our Mobile Application; or
   -   any unauthorized access or loss of personal information that is beyond our control.

XVII. THIRD-PARTY LINKS

The Mobile Application may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator of those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measure(s) when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

XVIII.           PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Mobile Application, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

XIX.    ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this Mobile Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

XX.      DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE MOBILE APPLICATION AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE MOBILE APPLICATION WILL OPERATE ERROR-FREE OR THAT THE MOBILE APPLICATION, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

 WE DISCLAIM ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE MOBILE APPLICATION OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.

THE MOBILE APPLICATION MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE MOBILE APPLICATION.  THE MOBILE APPLICATION MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE MOBILE APPLICATIONS DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE MOBILE APPLICATION AT ANY TIME WITHOUT NOTICE.

 

XXI.     COPYRIGHT AND TRADEMARK

The Mobile Application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties.   Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no right to use the content, and you will not take any Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Mobile Application or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Mobile Application automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Mobile Application are registered and unregistered trademarks or service marks of us.  Other company, product, and service names located on the Mobile Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.    None of the Content may be retransmitted without our express, written consent for every instance.

XXII. INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Mobile Application.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

XXIII.           MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement. 

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the law of the United States of America and the State of Texas without giving effect to any principles of conflicts of law. The courts of the State of Texas shall have exclusive jurisdiction over any dispute arising from the use of the Mobile Application.

 FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure to perform our or its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

The Company shall have the right to assign/transfer this agreement to any third party including its holding company, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at app@thezaky.com.

 

DISCLAIMER

The information contained in this Mobile Application is for general information purposes only. The information is provided by The Zaky mobile application (“Nurtured by Design” or “we”)

    1.  No advice

              - This Mobile Application contains general information.

              - The Zaky mobile application cannot and does not contain health or medical advice and should not be treated as such. The information is provided for general informational and educational purposes only and is not a substitute for professional advice.

 

    2.  No warranties

              - The information on this Mobile Application is provided without any representations or warranties, express or implied.

              - This Mobile Application cannot and does not contain medical or health advice.  The information provided is for general informational and educational purposes only and is not a substitute for professional advice.    Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of medical or health advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS MOBILE APPLICATION OR WEBSITE IS SOLELY AT YOUR OWN RISK.

              - Without limiting the scope of this section, we do not warrant or represent that the medical information on this Mobile Application:

                         -  will be constantly available, or available at all; or

                         -  is true, accurate, complete, current, or non-misleading.

    3.  Medical assistance

                         -  If you have any specific questions about any medical matter, you should consult a doctor or other professional healthcare providers.

                         -  If you think you may be suffering from any medical condition, you should seek immediate medical attention.

                         -  You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this Mobile Application.

General:

The Mobile Application, its content, and service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the Mobile Application will operate error-free or that the Mobile Application, its servers, its content or its service are free of computer viruses or similar contamination or destructive features. Although we seek to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our services, and there may at times be inadvertent technical or factual errors or inaccuracies.

 1---  No warranties.

We specifically (but without limitation) disclaim

       a...Any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and

       b...  Any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the services.   We shall not be responsible for the loss of, damage to, or unavailability of any information you have made available through the services, and you are solely responsible for ensuring that you have backup copies of any information you have made available through the services.

 2---  No guarantee of accuracy.

We do not guarantee the accuracy of and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the services.

 3---  No warranties regarding third parties. We make no representations, warranties, or guarantees, express or implied, regarding any third party service, opinions, information, suggestions, or advice provided by a third party.

 Every effort is made to keep the Mobile Application up and running smoothly. However, we take no responsibility for, and will not be liable for, the Mobile Application being temporarily unavailable due to technical or other issues beyond our control.

If you require any more information or have any questions about our site's disclaimer, please feel free to contact us by email at app@thezaky.com.