a. User must have full legal capacity and authority to agree and bind to these Terms;
b. User must be of 18 (eighteen) years of age or above;
c. If the User is registering on behalf of an entity, organization, or any other legal entity, the User must possess the requisite power and authorization to legally obligate such entity, organization, or legal person to adhere to these Terms.
a. The Company and its authorized third-party service providers may, in adherence to the privacy policy, collect and utilize your information, technical data, and related details to enhance KYC verification.
b. The Company reserves the right to employ information and data concerning your utilization of the Platform services for analytical purposes, identification of trends, and statistical analysis. This is aimed at enhancing the overall effectiveness and efficiency of the Platform.
c. Pursuant to applicable laws, the Company may be compelled by law enforcement agencies, government entities, and related bodies to disclose data pertaining to Users in connection with criminal proceedings.
d. Users hereby acknowledge and agree that, in such instances, the Company retains the right to share such data with the relevant agencies or bodies as directed by law.
a. If You use the Platform, You shall be responsible for maintaining the confidentiality of Your User Name, User id and password and You shall be responsible for all activities that occur under Your User Name, User id and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your account on the Platform and refuse to provide You with access to the Platform.
b. Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is Your responsibility to ensure that Your mobile phone number and Your email address is up to date on the Platform at all times. You agree to notify Us promptly if Your mobile phone number or e-mail address changes by updating the same on the Platform through a one-time password verification.
c. You agree that ZebraLearn shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under Your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Website Platform.
d. If You share or allow others to have access to Your account on the Platform (“Account”), they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.
a. Tool Usage: ZebraLearn Studio provides a variety of free authoring tools designed to cater to various facets of content creation. These tools encompass text editors, design templates, and organizational aids, (collectively referred to as "the tools"). These tools are intended to assist authors in the creation of various projects ("Projects"), including but not limited to blogs, books, and articles. You, as the user, retain full ownership and copyright of any content generated using our tools. The tools are a resource to empower your creative expression.
b. Text Editors: Our text editors are crafted to offer a versatile and intuitive writing environment. They provide a range of features, including real-time collaboration, version history tracking, and seamless integration with various file formats. Authors can leverage these tools to draft, edit, and refine their written content efficiently.
c. Design Templates: In addition to text-focused tools, ZebraLearn provides an array of design templates to enhance the visual appeal of your projects. These templates cover a spectrum of styles, layouts, and themes, allowing authors to tailor the presentation of their work to suit the tone and message of their content.
d. Organizational Aids: Recognizing the importance of project management in the creative process, our organizational aids are designed to assist authors in structuring their work effectively. Features such as customizable workflows, task tracking, and collaboration hubs aim to streamline the creative journey, ensuring that authors can focus on their writing without being encumbered by logistical challenges.
e. User-Friendly Interface: The tools are developed with a user-centric approach, emphasizing accessibility and ease of use. Whether you're a seasoned author or a newcomer to the writing scene, our tools are engineered to provide a seamless and intuitive experience, allowing you to concentrate on the substance of your content.
f. Ownership of Content: It‘s paramount to emphasize that while ZebraLearn offers these tools, the intellectual property and ownership of the content generated using these tools unequivocally remain with the author. You have complete control over your creations, and ZebraLearn imposes no restrictions on how you choose to use or distribute your work. The tools are a means to amplify the author‘s voice and creativity without imposing any restrictions on the author‘s rights. If, and once, the author executes the author-publisher agreement with ZebraLearn, upon uploading and submitting their original work, the terms of the same author-publisher agreement would supersede the terms of ownership on the Platform.
g. Submission of Work: If User wishes to collaborate with ZebraLearn, the User has an option to submit their Project for collaboration via Create button at studio.zebralearn.com or ZebraLearn Studio Application. Should you choose to submit your Project for review, you affirm that the submitted content is your original creation, and you express a voluntary interest in potential collaboration with ZebraLearn.
h. The act of submission does not transfer any ownership rights or intellectual property to ZebraLearn at this stage.
i. The submission process is entirely voluntary, giving you the freedom to choose which pieces of your work you wish to share. This reflects our commitment to fostering an environment where authors feel empowered to contribute on their terms, emphasizing a collaborative spirit built on mutual respect.
j. No Obligation: It is important to understand that the submission itself does not commit You to any formal agreement with ZebraLearn. Instead, it initiates an exploratory stage where both parties can assess the compatibility of the work with ZebraLearn‘s vision and potential collaborative opportunities.
k. Purpose of Review Process: The Project Submission by the User shall undergo a review process. The review process at ZebraLearn serves a multifaceted purpose. It is designed to comprehensively evaluate submitted works, aiming to uphold high standards, ensure alignment with our content vision, and identify unique and compelling voices within our creative community. Works are meticulously assessed to ensure alignment with ZebraLearn‘s content guidelines. These guidelines provide a framework for the type of content that resonates with the ethos of our platform. The goal is to curate collaborative efforts that contribute positively to the creative landscape we aim to cultivate.
l. Recognizing the significance of time, ZebraLearn is committed to conducting the review process with efficiency. While the duration of the process may vary based on factors such as submission volume, We are committed to providing a timely feedback.
m. Outcome of Review: The outcome of the review process determines whether ZebraLearn extends an offer for an author-publisher agreement to the User. This agreement serves as a formal document outlining the terms and conditions of collaboration. It encompasses crucial details such as rights, royalties and compensation, publication details and any other pertinent information relevant to the collaborative journey.
You agree, undertake, and confirm that your use of the Platform shall be strictly governed by the following binding principles:
a. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which you do not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another‘s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
is fake or false or misleading relating to the Indian Government;
is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libellous;
infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
contains video, photographs, or images of another person (with a minor or an adult).
promotes an illegal or unauthorized copy of another person's copyrighted work (see Copyright Infringements below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
provides material that exploits people in a sexual, violent, or otherwise inappropriate manner or solicits personal information from anyone;
provides instructional information about illegal activities such as making or buying illegal Weapons, violating someone's privacy, or providing or creating computer viruses;
contains video, photographs, or images of another person (with a minor or an adult);
tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
solicits gambling or engages in any gambling activity which We, in Our sole discretion, believe is or could be construed as being illegal;
interferes with another User's use and enjoyment of the Platform or any other individual's User and enjoyment of similar services;
refers to any Platform or URL that, in Our sole discretion, contains material that is inappropriate for the Platform or any other Platform, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
harms minors in any way;
infringes any patent, trademark, copyright, or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
violates any law for the time being in force;
deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data, or personal information;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offense or prevents investigation of any offense or is insulting any other nation.
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
b. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve Our right to bar any such activity.
c. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password "mining" or any other illegitimate means.
d. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by the Platform.
e. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us including the terms ZebraLearn, or otherwise engage in any conduct or action that might tarnish the image or reputation, of ZebraLearn or sellers on platform or otherwise tarnish or dilute any ZebraLearn's trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us. You agree that You will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or ZebraLearn's systems or networks, or any systems or networks connected to ZebraLearn.
f. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person's use of the Platform.
g. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through the Platform or any service offered on or through the Platform. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
h. You may not use the Platform or any content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ZebraLearn and / or others.
i. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or Regulations in Force).
j. Solely to enable Us to use the information You supply Us with, so that We are not violating any rights You might have in Your Information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your Information, in any media now known or not currently known, with respect to Your Information. We will only use Your information in accordance with the Terms of Use and Privacy Policy applicable to use of the Platform.
k. You shall not engage in advertising to, or solicitation of, other Users of the Platform to buy or sell any products or services. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than Us without Our prior explicit consent. In order to protect Our Users from such advertising or solicitation, We reserve the right to restrict the number of messages or emails which a user may send to other Users in any 24-hour period as we deem appropriate in Our sole discretion. You understand that We have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order. In addition, We can (and You hereby expressly authorize Us to) disclose any information about You to law enforcement or other government officials, as We, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the materials posted on the Platform. ZebraLearn shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES (“Content”). Please be advised that such content posted does not necessarily reflect ZebraLearn views. In no event shall ZebraLearn assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. You hereby represent and warrant that You have all necessary rights in and to all Content which You provide and all information it contains and that such Content in your Project shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
a.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
b.
It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Platform and that You may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about You due to Your use of the Platform, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that We are not responsible for the use of any personal information that You publicly disclose or share with others on the Platform. Please carefully select the type of information that You publicly disclose or share with others on the Platform.
c.
ZebraLearn shall have all the rights to take necessary action and claim damages that may occur due to Your involvement/participation in any way on Your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork, is a third party user generated Content and ZebraLearn has no control over such third party user generated content for the purposes of this Terms of Use.
Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Platform or other medium for publication or distribution or for any commercial enterprise, without ZebraLearn's express prior written consent.
You shall be responsible for any notes, messages, emails, reviews, ratings, billboard postings, photos, drawings, profiles, opinions, ideas, images, videos, audio files or other materials or information posted or transmitted to the Platform.
a. The Platform, unless explicitly stated otherwise, constitutes to be Company’s exclusive proprietary property. All elements comprising the source code, databases, functionality, software, website designs, application designs, audio, video, text, photographs, and graphics found on the Platform, as well as the trademarks, service marks, and logos contained therein (the “Marks”), are either owned or under our control, or licensed to the Company, and are safeguarded by copyright, trademark laws, and various other intellectual property rights.
b. The Content and Marks presented on the Platform are for informational and personal use only. Except as explicitly stipulated in these Terms, no part of the Platform, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our express prior written consent. Subject to eligibility, the User is granted a limited license to access and utilize the Platform, and to download or print a copy of any accessible portion of the Content exclusively for personal, non-commercial use. All rights not expressly granted in and to the Platform, the Content, and the Marks are reserved by us.
c. Copyright, authors' rights and database rights:
i. The entirety of the Content featured on the Platform, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the rightful property of Company, its affiliates, or its content suppliers, and is safeguarded by both Indian and international copyright, authors' rights, and database right laws. The compilation of all Content present on this Website stands as the exclusive property of Company and its affiliates, further protected by the laws of India and database right legislation. All software utilized on this Platform is the property of Company, its affiliates, or its software suppliers, and is protected under Indian laws.
ii. User is expressly prohibited from systematically extracting or re-utilizing any portions of the Content of the Platform without the express written consent of Company and/or its affiliates, as applicable. Specifically, User shall not employ data mining, robots, or similar tools for data gathering and extraction to retrieve substantial parts of this Platform, whether on a single occasion or repeatedly, for re-utilization, without the explicit written consent of Company and/or its affiliates, as applicable.
d. License for Platform access:
i. Subject to User’s adherence to these Terms and the payment of applicable fees, if any, Company extends to User a limited license to access and personally use this Platform. However, this license does not grant permission to download (except for page caching) or modify the Platform, or any portion thereof, unless expressly authorized in writing by Company and/or its affiliates, as applicable.
ii. This Platform or any portion of this Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without express written consent of Company and/or its affiliates, as may be applicable.
iii. User may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Platform and its affiliates without express written consent. User may not use any meta tags or any other “hidden text” utilising Company’s or its affiliates' names or trademarks without the express written consent of Company and/or its affiliates, as applicable. Any unauthorised use terminates the permission or license granted by Company and/or its affiliates, as applicable. User may not use any Platform’s logo or other proprietary graphic or trademark as part of the link without express written consent of Company and / or its affiliates, as may be applicable.
This Platform, all the materials (including but not limited to software and Website) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, ZebraLearn does not warrant that:
This Platform will be constantly available, or available at all.
The information on this Platform is complete, true, accurate, or non-misleading.
ZebraLearn will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. ZebraLearn does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free from viruses or other harmful components.
To the fullest extent permitted by law, the Platform or Our directors, employees, or agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Platform.
The Platform warrants that it will employ industry-standard security measures to safeguard User data. However, it does not guarantee absolute protection against unauthorized access or data breaches caused by unforeseeable events.
This warranty does not cover defects or issues arising from:
Any unauthorized modifications or alterations to the Platform by the User or any third party not expressly authorized by the Company.
Alterations made to the Platform's code, configuration, or settings without explicit permission from the Company.
The use of the Platform in a manner inconsistent with the Terms or intended purpose as specified by the Platform.
The integration of the Platform with any other software, applications, or services not explicitly authorized by the Company in writing.
Any issues arising from the use of third-party plugins, extensions, or components that have not been officially endorsed or approved by the Company.
Force Majeure Events including but not limited to acts of nature, war, terrorism, riots, embargoes, or other unforeseen circumstances that make the performance of this Warranty impossible or impractical.
Any defects or issues arising from circumstances not reasonably foreseeable by the Company or Platform at the time of entering into this Warranty.
This Platform, all the materials (including but not limited to software and Website) and services, included on or otherwise made available to You through this site are provided on "as is" and "as available" basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, ZebraLearn does not warrant that:
This Platform will be constantly available, or available at all.
The information on this Platform is complete, true, accurate, or non-misleading.
ZebraLearn will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. ZebraLearn does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free from viruses or other harmful components.
To the fullest extent permitted by law, the Platform or Our directors, employees, or agents shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of the Platform.
The Platform warrants that it will employ industry-standard security measures to safeguard User data. However, it does not guarantee absolute protection against unauthorized access or data breaches caused by unforeseeable events.
This warranty does not cover defects or issues arising from:
Any unauthorized modifications or alterations to the Platform by the User or any third party not expressly authorized by the Company.
Alterations made to the Platform's code, configuration, or settings without explicit permission from the Company.
The use of the Platform in a manner inconsistent with the Terms or intended purpose as specified by the Platform.
The integration of the Platform with any other software, applications, or services not explicitly authorized by the Company in writing.
Any issues arising from the use of third-party plugins, extensions, or components that have not been officially endorsed or approved by the Company.
Force Majeure Events including but not limited to acts of nature, war, terrorism, riots, embargoes, or other unforeseen circumstances that make the performance of this Warranty impossible or impractical.
Any defects or issues arising from circumstances not reasonably foreseeable by the Company or Platform at the time of entering into this Warranty.
Use of the ZebraLearn Software:
You may use ZebraLearn Software solely for purposes of enabling You to use and enjoy the ZebraLearn author Tools as provided by ZebraLearn, and as permitted by these ZebraLearn Terms of Use, and any Terms. You may not incorporate any portion of the ZebraLearn Software into Your own programs or compile any portion of it in combination with Your own programs, transfer it for use with another service, or sell, rent, lease, lend, loan, distribute or sub-license the ZebraLearn Software or otherwise assign any rights to the ZebraLearn Software in whole or in part. You may not use the ZebraLearn Software for any illegal purpose. We may cease providing any ZebraLearn Software and We may terminate Your right to use any ZebraLearn Software at any time. Your rights to use the ZebraLearn Software will automatically terminate without notice from us if You fail to comply with any of these ZebraLearn Software Terms, the Conditions of Use or any other Terms. Additional third party terms contained within or distributed with certain ZebraLearn Software that are specifically identified in related documentation may apply to that ZebraLearn Software (or software incorporated with the ZebraLearn Software) and will govern the use of such software in the event of a conflict with these Conditions of Use. All software used in any ZebraLearn Service is the property of ZebraLearn and/or its affiliates or its software suppliers and protected by laws of India including but not limited to any other applicable copyright laws.
Use of Third Party Services:
When You use the ZebraLearn Software, You may also be using the services of one or more third parties, such as a wireless carrier or a mobile platform provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
No Reverse Engineering:
You may not, and You will not encourage, assist or authorize any other person to copy, modify, reverse engineer, decompile or disassemble, or otherwise tamper with, the ZebraLearn Software, whether in whole or in part, or create any derivative works from or of the ZebraLearn Software.
Updates:
In order to keep the ZebraLearn Software up-to-date, We may offer automatic or manual updates at any time and without notice to You.
a. User agrees to defend, indemnify, and hold the Company harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
Use of the Platform;
Breach of these Terms;
Any breach of User representations and warranties set forth in these Terms;
User violation of the rights of a third party, including but not limited to intellectual property rights;
or Any overt harmful act toward any other User of the Platform with whom you connected via the Platform.
b. Notwithstanding the foregoing, the Company reserves the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify the Company, and the User agrees to cooperate, at its expense, with Company’s defense of such claims. Company will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
c. User hereby expressly releases the Company and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the vendors and specifically waives any claims or demands that User may have in this behalf under any statute, contract or otherwise.
a. The Site may contain (or You may be sent via the Site) links to other Websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").
b. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and We are not responsible for any Third Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content.
c. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If You decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, You do so at Your own risk, and You should be aware these Terms of Use no longer govern.
d. You should review the applicable terms and policies, including privacy and data gathering practices, of any Website to which You navigate from the Site or relating to any applications You use or install from the Site. Any purchases You make through Third-Party Websites will be through other Websites and from other companies, and We take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party.
e. You agree and acknowledge that We do not endorse the products or services offered on Third-Party Websites and You shall hold us harmless from any harm caused by Your purchase of such products or services. Additionally, You shall hold us harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
Any dispute, controversy, or claim arising out of or in connection with these Terms, including any disputes regarding its existence, validity, interpretation, performance, or termination (“Dispute”), shall be resolved in accordance with the laws of India. For the purposes of this Term, the Company and/or Platform and the User shall be individually referred to as “Party” and collectively referred to as “Parties”.
Negotiation and Informal Resolution: In the event of a Dispute, the Parties shall first attempt to resolve it amicably through good-faith negotiations. Both Parties shall provide written notice to the other Party outlining the nature of the Dispute and their proposed resolution. The other Party shall respond within 14 (fourteen) days. The Parties shall cooperate and make reasonable efforts to reach a mutually acceptable resolution.
Mediation: If the Dispute is not resolved through negotiations within 30 (thirty) days, the parties agree to submit the Dispute to mediation. The mediation shall be conducted in accordance with The Mediation Act, 2023 or any statutory modification or re-enactment thereof. The mediator shall be appointed by mutual agreement of the Parties. The mediation process shall be confidential, and binding and without prejudice to Parties’ legal rights. The costs shall be borne equally by the Parties, unless otherwise agreed.
Arbitration: If the Dispute is not resolved through mediation, within 90 (ninety) days, the Parties agree to submit the Dispute to binding arbitration. The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996, or any statutory modification or re-enactment thereof. The arbitration shall be administered by a sole arbitrator or 3 (three) arbitrators, as appointed by mutual agreement of the Parties. The arbitration process shall be confidential, and binding and without prejudice to Parties’ legal rights. The costs shall be borne equally by the Parties, unless otherwise agreed.
Jurisdiction: The competent courts in Surat, India, shall have jurisdiction to resolve Dispute anywhere within the territorial jurisdiction. By using the Platform, User agrees to abide by this dispute resolution clause and waive any rights to pursue a claim in any manner inconsistent with this Term.
These Terms and any policies or operating rules posted by Us on the Platform or in respect to the Platform constitute the entire agreement and understanding between User and Platform. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
These Terms operate to the fullest extent permissible by law. Platform may assign any or all of our rights and obligations to others at any time. Platform shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond its reasonable control.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between User and Platform as a result of these Terms or use of the Platform. User hereby agrees that these Terms will not be construed against us by virtue of having drafted them. User hereby waives any and all defences it may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.
We reserve the right, but not the obligation, to:
monitor the Site for violations of these Terms of Use;
take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such User to law enforcement authorities;
in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your Contributions or any portion thereof;
in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems;
otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
We care about data privacy and security. Please review our Privacy Policy CLICK HERE posted on the Site. By using the Site, You agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in India.
We respect the intellectual property rights of others. If You believe that any material available on or through the Site infringes upon any copyright You own or control, please immediately notify Us using the contact information provided below (“Notification”). A copy of Your Notification will be sent to the person who posted or stored the material addressed in the Notification.
These Terms of Use shall remain in full force and effect while You use the Site. Without limiting any other provision of these terms of use, We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of use or of any applicable law or regulation. We may terminate Your use or participation in the site or delete Your account and any content or information that You posted at any time, without warning, in Our sole discretion.
If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party.
In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil and criminal.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, We have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.
We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You.
You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate Us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
The Terms of Use shall be governed, interpreted, and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be Gujarat, Surat.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
You acknowledge and undertake that You are accessing the services on the Website and transacting at Your own risk and are using Your best and prudent judgment before entering into any transactions through the Website. You further acknowledge and undertake that You will use the Website to order products only for Your personal use and not for business purposes. We shall neither be liable nor responsible for any actions or inactions of sellers nor any breach of conditions, representations, or warranties by the sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard. We shall not mediate or resolve any dispute or disagreement between You and the sellers or manufacturers of the products.
We further expressly disclaim any warranties or representations (express or implied) in respect of quality, suitability, accuracy, reliability, completeness, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products listed or displayed or transacted or the content (including product or pricing information and/or specifications) on the Website. While We have taken precautions to avoid inaccuracies in content, this Website, all content, information (including the price of products), software, products, services and related graphics are provided as is, without warranty of any kind. We do not implicitly or explicitly support or endorse the sale or purchase of any products on the Website. At no time shall any right, title or interest in the products sold through or displayed on the Website vest with ZebraLearn nor shall ZebraLearn have any obligations or liabilities in respect of any transactions on the Website.
We will maintain certain data that You transmit to the Site for the purpose of managing the performance of the Site, as Well as data relating to Your use of the Site in accordance with the Digital Personal Data Protection Act, 2023. Although We perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using the Site.
You agree that We shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against us arising from any such loss or corruption of such data.
a. These Terms of Use and any policies or operating rules posted by us on the Site or in respect to Miscellaneous the Site constitute the entire agreement and understanding between You and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
b. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
c. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of these Terms of Use or use of the Site.
d. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses You may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact Our Grievance Officer at:
Zebralearn Private Limited
307, Trinnity Cyygnus, Someshwar circle, Vesu, Surat, 395007
Email: hello@zebralearn.com
Phone: +91 79844 60832