Disclaimer & Terms

Disclaimer & Terms
For registered Service Provider i.e. Performers, Storytellers, Psychologists, Psychiatrists, Mentors and Trainers (``Providers``), our Services facilitate your connection and interaction or users. We do this providing our App users(``User``) ability to explore and search services that we offer, as well as schedule and pay for (“Book”). JinzZy is not an agent, employer, or partner of Providers and is not engaging in the services of a “Service Agency”. JinzZy simply acts as a platform allowing Providers to connect and interact with Users and the fee charged by JinzZy is for the use of that platform. Each transaction will be subject to JinzZy’s applicable service charge and processing fee. By using our service you agree to our terms of service.

DISCLAIMER
JinzZy – Joy & Emotional Well-being App.
On-Demand OR Virtual Interaction with Live Characters.
Online Session with Storytellers, Psychologists, Psychiatrists, Mentors & Trainers. Virtual Character Aided Sessions.

As a part of our offerings, JinzZy works to develop movie, games and fantasy inspired realistic live characters and talented professionals in these areas.

Any resemblances to known, copyrighted characters is strictly incidental and unintentional. We DO NOT sell, OFFER nor DO WE REPRESENT any licensed or copyrighted Characters. We provide and charge only for our service, time and labor.

YOUR ACCOUNT
FOR USERS:
1. Registration JinzZy App is available for FREE in the Google and Apple App stores. To register a user profile, you must provide us with: a. A valid phone number and email address and password. The email address/phone number and password will act as your sign in credentials to access your account. Optionally, you may provide us with: b. Profile Picture. This will act as a visual representation of you to Providers and Users. c. We DO NOT store user financial details and you directly pay after the service using online, wallet or cash via App

2. Account Responsibilities You, not JinzZy, are solely responsible for maintaining the security of your account. Photos, or data (together, your “Content”) on your account, whether or not you authorized such activity. You are also solely responsible for making sure your account information is truthful, accurate, and updated.

FOR PROVIDERS:
1. Registration Providers must register an account to be granted access to certain Services, such as the ability to be Searched and Booked through the App. To register a Provider Profile, you must provide us with: a. A valid phone number and email address and password. The email address/phone number and password that you provide will act as your sign in credentials to access your account. b. Provider name. This name will be displayed to Users who try to Discover and Book you. c. Profile Picture. This will act as a visual representation of you to Users. d. At least one YouTube video of you and/or your music. This video gives Users a preview of what to expect when they Book you and gives you an opportunity to show off your skills. This video will also be displayed on your Provider Profile. The video must be linked from YouTube. You will enter the URL of your YouTube video into the registration field provided. e. Home zip code or city. This allows us to connect you with Users near your home location. f. Information. This information is where Providers input their biography or pertinent details about their services. It helps Users learn more about Providers, this information will be quite valuable for Users when deciding to Book or not.

2. Financial Information Providers may be asked to register a bank account information with JinzZy to be compensated for certain Services, such as performing for a User that has hired an Provider for their service (hereinafter “Job”) through the App. To add Financial Information to an Provider Profile, you may provide us with: a. Bank account number. JinzZy will need Provider’s bank account number for the account Provider directs payment for Job from the User. b. Bank IFSC code. In order to facilitate payment from User to Providers after the Job, JinzZy needs Provider’s IFSC Code. c. Bate of birth (“DOB”). In order to complete Provider profile with JinzZy, Provider must provide DOB. Please consult our Privacy Policy if you have any questions about how we will use information you submit.

3. Account approval or rejection Upon receiving registration of Provider Profile information from an Providers, JinzZy shall review the account to ensure account information is complete and satisfactory. Upon review, an email will be sent to the Providers to notify the Providers regarding whether their account has been approved or rejected. Reasoning will be supplied when an account has been rejected and an Provider may resubmit the registration information if desired. This email notification will be sent typically within a week’s following the receipt of the account registration.

5. Bands In the event you are registering an account on behalf of a band, you agree that your representations, warranties and agreements under these Terms are being made on behalf of yourself individually and all members of the band. In furtherance of the foregoing, you represent and warrant that all members of the band have read and agree to these Terms.

6. Account Responsibilities You, not JinzZy, are solely responsible for maintaining the security of your account. Likewise, you are solely liable for any and all text, audio, videos, photos, or data (together, your “Content”) on your account, whether or not you authorized such activity. You are also solely responsible for making sure your account information is truthful, accurate, and updated.

7. Financial Responsibilities You, not JinzZy, are solely responsible for reporting all income you make through the use of our Services. Upon request, you must furnish JinzZy an Form 16 for Income Tax reporting purposes

FOR BOTH USERS AND PROVIDERS :
1. Closing or suspending your account JinzZy reserves the right to suspend or close your account at any point in time for any reason, without notice or liability. If your account has been compromised or you would like to close your account, please notify JinzZy at cs@jinzzy.com. You maintain the right to close your account at any time.

2. Subject to Terms and Conditions Any and all activity on your account remains subject to these Terms and Conditions.

YOUR USE OF OUR SERVICES
FOR BOTH USERS AND PROVIDERS:

1. License granted by us Through your registration and compliance with our Terms, JinzZy grants you and only you a limited license to access our Services. This license only applies to personal use of our Services; the license does not include reproducing, copying, duplicating, selling, or any commercial use of our Services whatsoever unless express written consent is given by JinzZy. This license is rendered null upon any unauthorized use of our Services.

2. Code of conduct You are solely liable for any and all activity on your account, whether or not you authorized such activity. You agree that: a. Any form of communication that is deemed abusive, culturally or ethnically offensive, defamatory, indecent, obscene, profane, racist, or sexually explicit content is strictly prohibited. b. Your use of our Services is consistent with any and all applicable laws and regulations. c. Your activity does not promote violence, terrorism, illegal acts, or hatred on the basis of sexual orientation, gender, ethnicity, culture, or religion. d. You will not transmit in any fashion any material that contains software viruses, Trojan horses, malware, or any other computer code or files which will disrupt the functionality of any of JinzZy’s Services. e. You will not post, copy, reproduce, or distribute in any fashion copyrighted content or other proprietary information without the prior consent of the Content’s owner. f. You will not represent yourself in JinzZy as anyone other than yourself or falsify your identity in any way. g. You will maintain current and accurate contact information on your profile. JinzZy may edit or remove any information at any time. h. You will not use another User’s account or personal information without her or his express permission. i. You will not threaten, stalk, or otherwise harass any person in any way. j. You will not use our Services to advertise or solicit to others or harvest personal information from other Users for commercial use of any kind. k. You will not use our Services to spam, “troll”, or otherwise disrupt the experience for other Users or the functionality of our Services in any way. l. You will not use robots, spiders, or data mining applications of any sort to reproduce or bypass our Services in any way. m. You will not knowingly disrupt or interfere with our servers or anything related to the functionality of our Services in any way. n. You will not offer to or in actuality sell, transfer, rent, or lease your account to any other person or third party without prior written consent of JinzZy. o. If you receive a Job request through JinzZy, you will not attempt to “go outside the app” by confirming the booking outside of the platform in order to avoid JinzZy receiving a booking fee. p. JinzZy has the right, but not the obligation, to supervise and settle disputes between Providers and Users. q. You will not attempt to “game” JinzZy by falsely inflating “likes”, ratings, or other positive measures for Providers. Conversely, you may not actively hinder the ability of other Providers to participate within our Services. In the event of that you witness breaches of this code of conduct, please notify JinzZy immediately at cs@jinzzy.com. JinzZy reserves the right to suspend or close User or Provider accounts, as well as edit or take down any content or information made available through our Services.

CONTENT AND PROPERTY RIGHTS
FOR PROVIDERS:
1. Proprietary rights of Provider As between you and JinzZy, any and all text, audio, sound recordings, compositions, pictures, photos, videos, graphics, messages, comments, reviews, data, or information (together, “Content”) that you submit, upload, publish, or display through our Services is solely owned, controlled and/or operated by you. By accepting these Terms, you acknowledge that JinzZy does not claim any ownership in and has no liability with regards to your Content.

2. Our rights to your Content By accepting these Terms, you hereby give JinzZy the right to use, duplicate, reproduce, distribute, digitally transmit, display, perform, share, stream, modify, edit, and/or remove your Content, as is reasonable and appropriate in connection with the Services. If you believe we have misused your Content, please contact us immediately at cs@jinzZy.com. The only remedy is that we will remove the pertinent Content from our Services. We are not liable for any misuse otherwise.

3. Copyright infringement. You may not post any unauthorized copyrighted material that constitutes an infringement of third party rights. Offenders of third party copyright laws are subject to having their accounts terminated, as well as being prosecuted in court by the owner of such copyrighted Content. If you are a third party content owner who believes that any piece of Content uploaded by a User infringes upon your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Written notifications of claimed copyright infringement should be sent to:cs@jinzzy.com

4. Liability and risk of Content. By accepting these Terms and Conditions, you acknowledge that full liability and risk of posted Content lie with the Provider.

5. Reposting of Content. You may not repost another User’s or Provider’s Content without that said User’s or Provider’s permission.

FOR BOTH USERS AND Providers:
1. Proprietary rights of JinzZy While JinzZy grants you a limited license to access our Services upon registration, JinzZy maintains ownership and all proprietary rights to all facets of our Services, including but not limited to our logo, name, features, interfaces, code, APIs, and web domains. You are not permitted to use, reproduce, duplicate, publish, distribute, or display JinzZy’s proprietary Services without JinzZy’s express written consent.

2. Privacy Policy. By accepting these Terms and Conditions, you also accept our Privacy Policy. Please review our Privacy Policy for relevant information.

3. Tipping Who Can Tip All Users may tip Providers directly

4. Booking Who Can Book All Users have the ability to confirm bookings with Providers with approved JinzZy Provider accounts

6. How Users Can Book Users can book Live Providers for their events in two ways using JinzZy: One-to-One Through this manner of Booking, Users can browse Providers category wise on map and see their profile, pics, video links and may chat if/as needed and submit a request. The Provider may chat with the User and confirm or decline the Job.

Customised Booking With this option, Users select customised booking option and specify their event needs, JinzZy team shall help them find their event specific needs

7. Binding contract Once a User or Provider confirm a Booking, the User and Provider enter a binding contract. A User may confirm a Booking through submitting a booking. Provider may confirm a booking through One-to-One booking by accepting a Job Request within the app. Once confirmed, the User and Provider are contractually bound with the following mutually agreed upon conditions: a. Event location. The event location is set upon confirmation of the Job request. b. Event date and time. The event date and time are set upon confirmation of the Job request. c. Job duration. The Provider will provide services for the amount of time agreed upon during the Job request process and set upon confirmation of the said Job request. d. Booking Fee. The booking fee (hereinafter, “Fee”) to be paid by the User. e. Modification of location, date, time, duration, or Fee. The event location, event date and time, duration of the Job, and Fee paid to the Provider may be modified following a confirmed Job request if both parties have agreed to the change. The change will not be reflected in JinzZy until both parties have agreed to modify the confirmed Job details through our User/Provider dialogue interface, and emailed us at cs@jinzzy.com. f. Additional service time for Provider. Should the User desire that the Provider plays for longer than the agreed upon duration, the User must submit the extra payment and duration request via email at cs@jinzzy.com or through the App interface. Any transactions occurring outside of the JinzZy platform between the User and Provider for Jobs set up through our Services are not permitted and subject to termination of the license granted by JinzZy for our Users and Providers. g. Additional Consideration for Provider. Should the User desire to compensate Provider with additional or alternative consideration, including a bar tab or a percentage of admission fees charged by the venue, the User and Provider may agree to this consideration within the chat functionality of the App. Such agreements will be considered incorporated into this User-Provider contract. h. User’s responsibilities. Unless otherwise agreed upon in a separate contract a confirmed JinzZy booking imposes the following responsibilities on the booking User: h.1. Adequate power supply. The User must provide an adequate power supply for the Provider. h.2. Safety from weather. The User must provide an area with dry and safe enough conditions such that the Provider can perform without fear of damage to electrical equipment, being electrocuted, or any threat to personal safety of any kind due to weather. h.3. Parking. The User must provide parking for the Provider as nearby to the event as possible. h.4. Volume levels. The User is responsible for ensuring that the volume levels during the Provider’s services are compliant with the Event Location’s local noise ordinances. If the event is shut down by local authorities due to noise violations, neither JinzZy nor the Provider are liable for noise disturbance or complaints in the surrounding area. h.5. Damage to Provider’s equipment. The User is liable for all physical damage to the Provider’s equipment caused by the User, a guest of the User, or any third parties associated with the User’s event. h.6. Liability of event guests, third parties. All liability for the actions of any guests of or third parties associated with the event lies with the User. h.7. Breaks. User must permit the Provider to take up to a 10 minute break for each hour of service. h.8. Interference with Provider. The User and any event attendees or third parties must not interfere with the Provider’s service. If any guests harass, threaten, berate, physically or verbally harm, or otherwise interfere with the Provider, the Provider has the right to stop playing music and end the Job early, without refund to the User. i. Provider’s responsibilities. A confirmed JinzZy booking imposes the following responsibilities on the Provider: i.1. Electronics malfunctions. The Provider is responsible for electronics malfunctions that prohibit the Provider from successfully providing service unless caused by damage from the User or any attendees of the event. i.2. Mistreatment of event guests and third parties. The Provider may not harass, threaten, berate, or otherwise physically or verbally harm event guests or third parties at the event. i.3. Damage to User’s property. The Provider will not purposely or recklessly damage personal property of the User. i.4. Communication with User. It is the responsibility of the Provider to ensure that the User will receive the desired live music experience. Prior to confirmation of the Job request, the Provider must communicate through JinzZy with the User in regards power requirements, sound equipment, setup time, space, number of guests, food and drink, weather considerations, dress code, and any other requirements or information pertinent to the Provider’s successful service. j. Safety at event. Both the User and the Provider are responsible to maintaining a safe and lawful environment for all guests at the event. k. Limitation of liability. For any confirmed booking, the most a User or Provider can claim damages for is the total agreed upon booking amount. l. Falsified bookings. Bookings falsified with the intent of inflating ratings, arranging payment outside of JinzZy for a booking created through JinzZy, or for any reason whatsoever are strictly prohibited. m. JinzZy is not liable. If any of the terms listed above and agreed upon in regards to the binding contract between the User and Provider are violated, JinzZy assumes no liability or responsibility of any kind whatsoever. JinzZy accepts no liability for damages caused by Provider no-shows, late-shows, or cancellations. Furthermore, JinzZy assumes no liability in disputes between the User and the Provider of any sort. n. Violation of binding contract. If any of the terms agreed upon in the binding contract between the User and Provider are violated or inappropriate behavior has been displayed in the reasonable view and discretion of JinzZy, we reserve the right to suspend or close the account of the party involved without warning, with or without refund. JinzZy also reserves the right to disallow Provider payment for the service. o. Dispute resolution. Please contact us at cs@jinzzy.com if you have any questions, issues, or concerns in regards to the User and Provider agreement and binding contract as outlined in the section above. As set forth in the section entitled Arbitration Exclusive Remedy, below, you agree to submit any dispute with JinzZy to binding arbitration. p. Going “Outside JinzZy.” JinzZy provides Users chat to the Providers to work out details. During the course of these conversations, if a User decides to contract with an Provider outside of JinzZy, JinzZy releases all responsibility related to the Provider and the Event, and the JinzZy User-Provider Contract is not enforceable in any way.

CANCELLATION POLICY
FOR USERS:
1. Edits and modifications to request. Users may cancel, edit, or modify a Job request that has not been accepted by the Provider at any point.

2. Not within 2 days. Users may not cancel a confirmed Job within 2 days of the event date and time. This means that Jobs booked within 2 days of the event date and time may not be cancelled.

3. Cancelling. In order to cancel a Job, Users can press Cancel button on the booking page if more than 2 days of event days

4. If conditions not met. If Users do not follow the conditions of our cancellation policy, they will be charged 20% of the booking fee for the originally agreed-upon event. Violations of our cancellation policy will be tracked and visible to the Provider upon receiving a booking request.

FOR PROVIDERS:
1. No cancellation allowed. The Provider may not cancel a confirmed Job at any point.

2. If an Provider cancels a confirmed Job at any point: 2.a JinzZy will recommend replacement Providers for the User. 2.b. JinzZy reserves the right to make cancellations negatively affect an Provider’s visibility in both Search and Booking modes. 2.c. Monitoring of cancellations, no-shows, late-shows. JinzZy will keep track of all cancellations, no-shows (not showing up for confirmed Job that hasn’t been cancelled through JinzZy), and late-shows (not ready to perform at scheduled Job start time.) Accumulation of these statistics may decrease the likelihood that the Provider will appear in Search and Booking. JinzZy will strongly consider closing an Provider’s account upon the accumulation of more than 2 combined cancellations, no-shows, or late-shows

FOR BOTH USERS AND PROVIDERS:
1. Extenuating circumstances In the case of extenuating circumstances that cause a User or Provider to violate our Cancellation Policy, please email us at cs@jinzzy.com. JinzZy will use our best and most reasonable judgment in these cases to come to fair solution for all parties involved.

2. Other Compensation and Modifications Users and Providers may agree to other compensation or modifications to JinzZy’s standard User-Provider contract by agreement in writing via the JinzZy app and platform. Messages outside the JinzZy app and platform will not be considered an addendum or modification to the standard contract.

PAYMENT
1. When Provider starts his job they press “Start Job” on the app and timer starts. Since the charges are hourly timer continues to bill accordingly. Every hour service provides a grace of 10 mins, that means if Provider performs two hours, you have 20 more mins as grace/extra. On top Provider can offer coupon discounts on his services on mutual terms

2. Pay Online or Cash via app after the job

3. Additional service time for Providers if you User wants to continue beyond the grace period, keep the App running to trigger into next cycle.

4. Violation of Cancellation Policy If a User violates our Cancellation Policy, the User’s shall be sent a invoice from JinzZy for the cancellation charges to be paid to the Provider.

ARBITRATION EXCLUSIVE REMEDY
BY AGREEING TO THESE TERMS OF SERVICE, YOU AGREE THAT, IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND JinzZy ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING BUT NOT LIMITED TO DISPUTES REGARDING ANY SEARCH, BOOKING, FEE, CONTENT OR THOSE ALLEGING NEGLIGENCE, FRAUD OR ANY CLAIM BASED UPON A STATUTE), SUCH DISPUTE be finally settled by arbitration in accordance with the Arbitration Rules of the Indian Court of Arbitration India (LCIA India Arbitration Rules) which rules are deemed to be incorporated by reference into this clause by three arbitrators. Each Party shall appoint one arbitrator and the third arbitrator shall be appointed by the selected two Arbitrators. The seat of arbitration shall be New Delhi. The arbitration proceedings shall be conducted in English. This Agreement shall be subject to the substantive law in force in India without reference to any of its conflict of law rules.

LEGAL DISCLAIMERS
Limitation of Liability IN NO SITUATION WILL JinzZy’s LIABILITY FOR DAMAGES. JinzZy WILL HAVE NO LIABILITY FOR ANY DAMAGE OR LOSS: a. DERIVING FROM YOUR INABILITY TO ACCESS ANY OF OUR SERVICES, CONTENT, OR RELATED PARTS. b. RELATED TO YOUR COMPUTER HARDWARE, SOFTWARE, OR DATA, INCLUDING DAMAGE OR LOSS FROM A SECURITY BREACH c. FROM ANY LEGAL ACTION WHATSOEVER AGAINST YOU, WHETHER THE INVESTIGATED IS CONDUCTED BY JinzZy OR ANY LAW ENFORCEMENT AGENT OR AGENCY. d. DERIVING FROM ANY MODIFICATIONS OR CHANGES MADE TO OUR SERVICES. e. RELATED TO ANY TEMPORARY OR PERMANENT SUSPENSION OF ACCESS TO OUR SERVICES OR CONTENT FOR ANY REASON f. FROM ANY ERRORS, “BUGS”, OR INACCURACIES

INDEMNITY
In accepting these Terms and using our Services, you agree to indemnify, save, defend, and hold harmless JinzZy, our employees, affiliates, directors, officers, and subsidiaries from any claims, damages, demands, losses, costs, expenses, and reasonable attorney fees arising from your use of Our Services, any breach of our Terms, any third party copyright infringement, or any activity from your account.

DISCLAIMER OF ALL WARRANTIES AND ASSUMPTION OF RISK
JinzZy’s SERVICES ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS”, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. THIS PERTAINS TO, BUT IS NOT LIMITED TO, WARRANTIES OF ACCURACY, TRUTH, , RELIABILITY, COMPLETENESS, NON-INFRINGEMENT, TIMELINESS, SECURITY, DAMAGES, LOSSES, OR ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING OUR SERVICES. FOR SITUATIONS IN WHICH STATE LAW PROHIBIT OR HAVE LIMITATIONS ON THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES LISTED IN THESE TERMS, STATE LAW HAS JURISDICTION OVER THESE TERMS AND THESE DISCLAIMERS MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE THAT YOUR USE OF OUR SERVICES IS AT YOUR OWN, SOLE RISK

INSURANCE LIABILITY
Users are responsible for obtaining and maintaining public and comprehensive liability insurance from the moment of the confirmed booking until the last transaction related to the booking is completed, similar to the amount used by venues and other hosts for public events or live performances.

All disputes arising out of or in relation to these Terms and Conditions shall be settled amicably by the Parties. In the event no amicable settlement is arrived at within a period of fifteen (15) days from the date of first initiation of the dispute by one Party to other, the Parties shall resolve the dispute by means of arbitration pursuant to the Arbitration and Conciliation Act, 1996

SEVERABILITY
If any provision in these Terms is deemed illegal, unenforceable or invalid, that shall not affect the legality, enforceability, or validity of any remaining provision in these Terms.

THIRD PARTY AGREEMENTS
Through our Services you may encounter features that grant you access to third party websites, databases, servers, programs, software, information, applications, or other similar services (together, “Third Party Services” or “Their”). When you use these Third Party Services, you may be subject to their own terms and conditions, privacy policy, and other requirements related to their use. JinzZy is not responsible or liable for the accuracy, legality, or quality of any of Their content or operation in any way, and does not express any warranty or endorsement of any kind related to Third Party Services. These Third Party Services are used solely to facilitate your access to and use of JinzZy. You use these Third Party Services at your own risk.

CHANGES TO OUR SERVICES
JinzZy may modify, edit, update, or make changes of any kind to our Services at any time without prior warning.

NOTICES
Notifications regarding important changes, information, or updates related to our Services will be sent via email to the email you provided upon registration or push notification through the App.

CONTACTING JINZZY
Please contact us at cs@jinzzy.com if you have any questions, concerns, or suggestions.