Terms and Conditions

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TERMS & CONDITIONS

USER AGREEMENT 

Ziksaya Solutions Private Limited is a company registered in India with its office at W-583 School Road, Anna Nagar West, Chennai – 600040, India  (referred to herein as “Ziksaya”, “we”,”our” or “us”). Ziksaya is a web-based platform which offers curated and specially designed and scripted courses aimed at strengthening Transferable skills for student and young  professionals through its website, https://Ziksaya.com/ (or any successor site) and its related sub-domains, sites and tools (“Website”).

Ziksaya reserves the right to delete, modify or supplement the content of the Website at any time for any reason without prior notification, and will use reasonable efforts to include up-to-date and accurate information on the Website. These terms shall apply to Ziksaya hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forum hosted by Ziksaya.

Please read these terms of use carefully before using the Services (as defined below) and contact us if you have any questions. Please note that the use of the Website and content accessed therein constitutes an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

ACCEPTANCE OF TERMS AND CONDITIONS

By using our Services, you, the end user (referred to herein as “you”, “your”, or the “User”) unconditionally agree to the terms and conditions that we have provided herein for the use of our Website. By checking our acceptance boxes, clicking any acceptance buttons, submitting any text, or simply by making any use of the Website, you (i) accept the terms of use that appear below (all of which are called the “User Agreement”) and agree to be bound by the bound by each of its terms, and (ii) represent and warrant to Ziksaya that: (a) you are least 18 (eighteen) years of age and have the authority to enter into this User Agreement; (b) this User Agreement is binding and enforceable against you; (c) to the extent an individual is accepting this User Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity; and (d) you have read and understood Ziksaya’s privacy policy, the terms of which are posted on the Website and incorporated herein by reference (“Privacy Policy”) and agree to abide by the Privacy Policy. You understand that any and all decisions made by you with respect to the content are yours alone. This User Agreement is made between you and us and shall come into effect when the User at the time of registration clicks on the checkbox to accept the terms and conditions.

Every effort has been made to ensure, that the information contained on the Website is correct, however Ziksaya makes no warranty as to the accuracy, comprehensiveness, or correctness of any of the content on the Website and provides all content on an “as is” basis.

While the Website is freely accessible to the User(s), the User will have to register with Ziksaya and create their individual registration account prior to any purchase of the Services on the Website. Furthermore, Ziksaya offers several courses on the Website, each of which may be accessed by the User on payment of the fee, which shall be priced per course (“Course Fees”). It is the responsibility of the User enrolling in any specific course to evaluate the suitability and relevance of the course selected. The enrolment into a course is non-transferable.

All registration information must be correct, complete and promptly updated by the User each time it changes. Ziksaya reserves the right to make any changes to this User Agreement and/or the Privacy Policy (which is incorporated herein by reference) as we deem necessary or desirable without prior notification to you. We suggest to you, therefore, that you read our User Agreement and Privacy Policy from time to time in order that you stay informed as to any such changes. If we make changes to our User Agreement and Privacy Policy and you continue to use our Website, you are impliedly agreeing to the revised User Agreement and Privacy Policy expressed herein.

If this User Agreement conflicts with any other document, then the User Agreement will prevail for the purposes of usage of the Website.

If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement and Privacy Policy, please do not click on the “check box” and on the “Submit/Agree” button and do not seek to obtain access to or otherwise use the Website.

PURPOSE

The purpose of this User Agreement is to set forth the terms and conditions under which, among other things: (i) Ziksaya will license to you use of certain of Ziksaya’s technology, software and/or services such that you can utilise Ziksaya’s Services, and (ii) you can access and/or use the Website (“Purpose”).

SERVICES

The terms “Service” or “Services” would mean the online courses including any collateral content offered by Ziksaya on the Website. The services provided by Ziksaya shall include:

  1. The provision to the User to access such Content (as defined below), including the courses on the Website which has been paid for by the User; and
  2. Ziksaya customer support, enabling you to contact Ziksaya at support@Ziksaya.com with any queries that you may have in relation to the Services provided by Ziksaya.
  3. Services shall include, but not be limited to, any services Ziksaya performs for you, any applications or widgets offered by Ziksaya that you download from the Website or from third party application stores authorized by Ziksaya, as well as the offering of any materials displayed or performed on or through the Services (including Content).

REGISTRATION AND ELIGIBILITY

You may browse the Website and view certain content without registering, but as a condition to accessing full courses on the Website, you are required to carry out the following:

  1. Register with Ziksaya by creating an account (“User Account”) on the Website and represent, warrant and covenant that you provide Ziksaya with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and a password you will use to access the Website) and to keep your registration information accurate and up-to-date. Failure to do so shall constitute a breach of the User Agreement, which may result in immediate termination of your Account; and
  2. pay the requisite amount, as more particularly contained in FEES herein under, for accessing the course(s) on the Website.

For the purpose of this User Agreement, User Account means the account successfully opened by the User on the Website by inserting information such as but not limited to name, contact details, user name, and password as required to be filled in the registration process and include any further changes and additions to the information from time to time. At the time of registration, Users may also be requested to provide supporting documents as specified by Ziksaya (in accordance with applicable laws). It shall be the responsibility of the Users to ensure the authenticity and validity of these supporting documents. All Users shall be responsible for protecting the confidentiality of User’s password(s), if any.

You shall not:

  1. Create any User Account for anyone other than yourself without such person’s prior written permission;
  2. Use a User Name that is the name of another person with the intent to impersonate that person;
  3. Use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization;
  4. Create, use and/or access multiple User Accounts;
  5. Divulge or share access to your User Account with any third party for any reason; or
  6. Use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

Ziksaya reserves the right to refuse registration of, disable or cancel a User Name in its sole discretion. You are solely responsible and liable for all activity that occurs on your User Account and shall be responsible for maintaining the confidentiality of your Ziksaya User Name and password. You shall be responsible for restricting access to your mobile phone/computer to prevent unauthorized access to your User Account. You shall never use another user’s User Account without such other user’s prior express permission. You will immediately notify Ziksaya in writing of any unauthorized use of your User Account, or other User Account related security breach of which you are aware.

Any conduct by a User that in Ziksaya’s exclusive discretion is in breach of the User Agreement or which restricts or inhibits any other User from using or enjoying the Services is strictly prohibited.

When you register and agree to be bound to this User Agreement, a contract between us and you for the use of our Services is accomplished by default. Use of the Services is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 (eighteen) years, you may not register as a member of the Website. Ziksaya reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to Ziksaya’s notice or if it is discovered that you are under the age of 18 (eighteen) years. You represent that you are solely responsible for ensuring that these terms of use are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these terms of use or use of the Service is prohibited and, in such circumstances, you agree not to use or access the Website or Services in any way.

LICENSE

Ziksaya hereby grants you a non-transferable, non-exclusive, revocable, limited license to access and use Ziksaya’s Website during the term of this User Agreement solely for the Purpose. Ziksaya may, from time to time, update or modify the Website, release new versions of the Website, which may, at Ziksaya’s discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of your rights and/or obligations hereunder including, without limitation, access to the Website. Subject to these terms of use, Ziksaya may offer to provide the Services, solely for your personal and non-commercial use for the Purpose, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services Ziksaya performs for you, any applications or widgets offered by Ziksaya that you download from the Website or from third party application stores authorized by Ziksaya, as well as the offering of any materials displayed or performed on or through the Services (including Content).

You shall not directly or indirectly copy or reproduce all or any part of the Website, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You may not resell, reproduce, publish, re-transmit, distribute, commercially exploit or create derivate works of the Services and Content thereof. You shall use the Website solely for the intended Purpose and shall not use the Website for the benefit of any third party except as specifically contemplated under this User Agreement.

Without limiting the generality of the terms above, the following are types of uses that Ziksaya expressly defines as falling outside of the definition of “non-commercial and personal use”, as used hereinabove:

  1. the sale or rental of
    (i) any part of the Content,
    (ii) any derivative works based at least in part on the Content, or
    (iii) any collective work that includes any part of the Content;
  2. the sale of access or a link to any part of the Content;
  3. providing training, support, or editorial services that use or reference the Content in exchange for a fee; or
  4. the use of Content for display / upload / making available at a place that is accessible to the general public in any manner, including but not limited to any social media sites, video download sites, and torrents.

CONTENT

All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content has originated. Ziksaya cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these terms of use, the term “Content” includes, without limitation, any location information, recommendations, reviews, videos, audio clips, comments, courses, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Ziksaya on or through the Website. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Website by users, is collectively referred to as, “User Content”. All contents present on this Website are the exclusive property of Ziksaya. The software, text, images, graphics, video and audio used on this Website belong to Ziksaya. No material from this Website may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from Ziksaya, except the non-exclusive, non-transferable, limited permission granted by Ziksaya to you to access and display the web pages within this Website, solely on your computer and for your personal, non-commercial use of this Website. This permission is conditioned on (i) your not modifying the content displayed on the Website, (ii) your keeping intact all copyright, trademark and other proprietary notices, (iii) your acceptance of any terms, conditions and notices accompanying the content or otherwise set forth in this Site, (iv) your agreeing to acknowledge Ziksaya as the source, citing the uniform resource locator (“URL”) of the page from which the information has been taken.

USER CONTENT

We may use your User Content in a number of different ways in connection with the Services and Ziksaya’s business as we may determine in our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own websites, media platforms, and applications (“Third Party Media”). By submitting User Content through the Website, you hereby do and shall grant Ziksaya a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable (through multiple tiers) and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and Ziksaya’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof). You also hereby do and shall grant each user of the Website, including Third Party Media, a non-exclusive license to access your User Content through the Website, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content in connection with their use of the Website and Third Party Media. For clarity, the foregoing license grant to Ziksaya does not affect your other ownership or license rights in your User Content(s), including the right to grant additional licenses to the material in your User Content(s), unless otherwise agreed in writing with Ziksaya.

You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such Content originated; that Ziksaya will not be liable for any errors or omissions in any Content; and that Ziksaya cannot guarantee the identity of any other users with whom you may interact in the course of using the Website.

When you delete your User Content, they will be removed from the Website. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Content or maybe retained by Ziksaya for such period as stipulated under law.

ELECTRONIC COMMUNICATIONS

When you use the Website or send an email or other data, information or communication to Ziksaya, you agree and understand that you are communicating with Ziksaya through electronic records and you consent to receive communications via electronic records from Ziksaya periodically and as and when required. Ziksaya will communicate with you by email or by notifications on the Website which will be deemed adequate service of notice / electronic record.

FEES

There is no charge or fee for browsing the Website. However, the courses may only be accessed by payment of the Course Fees by the User. Upon payment of the Course Fees in whole, Ziksaya shall grant you access to the respective course for which the Course Fees has been paid. The invoice may be provided to you along with the email confirmation or within 2 (two) months thereafter. This shall be proof of delivery against the successful payment of fees. The User may pay the Course Fees, or any other such fee, by using the payment gateway services available on the Website.

Ziksaya may at its sole discretion introduce new services and modify some or all of the existing Services offered. In such an event Ziksaya reserves the right to introduce fees for the new Services offered or amend/introduce the Course Fees for existing Services, as the case may be. Changes to the Course Fees policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Ziksaya within such time as specified in the invoice.

Non-payment

Ziksaya reserves the right issue a warning, temporarily/indefinitely suspend or terminate your membership of the Website and refuse to provide you with access to the Website in case of non-payment of the Course Fees by you to Ziksaya. Ziksaya also reserves the right to take legal action in case of non-payment of fees by you to Ziksaya.

Notwithstanding the above and in the event of exceptional circumstances, if Ziksaya has granted you access to a course pending payment or part payment, and Ziksaya does not receive payment or the remaining payment, as the case may be, within the stipulated time period, Ziksaya may, at its own discretion, withdraw your access to the course without giving any prior notice without prejudice to any other rights of Ziksaya.

Payment of Fees

To make payment of the Course Fees, and any other fees as Ziksaya may introduce from time to time, you must have internet access, a User Account on the Website, and a current valid accepted payment method as shall be specified by Ziksaya. Ziksaya does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateway services for the payment. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Ziksaya’s third-party payment provider stores any such information, Ziksaya will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Ziksaya is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever.

You agree that depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Ziksaya does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.

No refund will be made once the payment for a course has been made. We do not provide refunds for the lack of usage or dissatisfaction.

If you have subscribed for a free trial, the free trial period will last for the period of time specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid course within the last 6 (six) months, or if your payment method, physical address or email address has been associated with a User Account for that paid service, you are not eligible to receive a free trial for that course. If you begin your subscription with a free trial, you may be ineligible for certain features of a course during your free trial period. Provided that nothing contained above shall form any obligation on Ziksaya to offer a free trial to any User.

USE OF THE WEBSITE

Ziksaya neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Ziksaya has no control over the third party user generated content

Ziksaya reserves the right to cancel or reschedule any courses or live lectures/webinars or to alter, modify or rearrange the modules and the content therein.

You agree, undertake and confirm that your use of the Website shall be in accordance with applicable laws and be strictly governed by the following binding principles:

  1. You shall not host, display, upload, modify, publish, transmit, update or share any information or item that:
  2. belongs to another person and to which you do not have any right to;
  3. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic;
  4. pedophilic, libelous, 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;
  5. harms minors in any way;
  6. infringes any patent, trademark, copyright or other proprietary rights;
  7. violates any law for the time being in force;
  8. deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  9. impersonates another person;
  10. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  11. is intended to obtain password, account, personal information, confidential information or private information from any User of the Website;
  12. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
  13. is false, inaccurate or misleading; and
  14. creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other suppliers;
  15. You enable Ziksaya to use the information you supply us with (“Information”), so that we are not in violation of 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, and database rights (but no other rights) you have in your Information, in any media now known or not currently known, with respect to your Information. Ziksaya will only use your Information in accordance with the User Agreement and Ziksaya’s Privacy Policy.

As a condition of use, you promise not to use the Service for any purpose that is prohibited by these terms of use. You are responsible for all of your activity in connection with the provision of Services. Ziksaya has no obligation to monitor the Website, Content, or User Content. However, Ziksaya reserves the right to: (i) remove, suspend, edit, modify or discontinue any Content in its sole discretion, including without limitation any User Content at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Ziksaya is concerned that you may have violated these terms of use), or for no reason at all; and (ii) to remove, suspend or block any User Content from the Website. You agree that Ziksaya shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Ziksaya also reserves the right to access, read, preserve, and disclose any information as Ziksaya reasonably believes is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these terms of use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to User support requests; or (v) protect the rights, property or safety of Ziksaya, its Users and the public. Provided that nothing in these terms of use shall be construed to obligate Ziksaya to maintain and support the Content or any part or portion thereof or any associated Services.

The User shall not use this Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Website to become Users of other on or offline services directly or indirectly competitive or potentially competitive with Ziksaya.

Educational Partners and Accreditation

Ziksaya is NOT a University, but an education service provider, offering Programs in consultation with Indian and International universities, educational institutions, governmental authorities, NGOs, corporates, etc. (each an “Educational Partner”).

Admission to the degree/diploma programs of an Educational Partner is separate from being accepted into and/or taking one or more Programs. You agree and acknowledge that nothing in these Terms or otherwise with respect to the use of the Platform or any Program (a) enrolls or registers you in an Educational Partner, or any other school, division, institute or program of or associated with an Educational Partner, and (b) allows you to access or use the resources or receive any benefits or privileges of any Educational Partner, beyond the Programs.

Ziksaya may offer a credential or other acknowledgement for participants who have satisfactorily demonstrated mastery of the Program material. The decision to award any such credential acknowledgement to a given participant will be solely at the discretion of Ziksaya. Ziksaya may choose not to offer any credential or other acknowledgement for some Programs. Ziksaya may decide at its sole discretion whether to provide a record concerning a participant’s performance in a Program. The format of any credential or other acknowledgement, and of any performance, provided by Ziksaya relating to Programs will be determined by Ziksaya at its sole discretion and may vary from Program to Program.

You will be awarded a certificate of successful completion of a Program (“Program Certificate”) upon fulfilling the criteria and requirements of Ziksaya and its Educational Partners. You acknowledge that any such Program Certificate awarded may not be affiliated to any Educational Partner and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner.

You will not receive academic credit from Ziksaya or any other Educational Partner for taking a Program. If you are taking a Program for academic credit or certification as a student of, or otherwise through, an Educational Partner, any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, Ziksaya will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for a Program.

You acknowledge and agree that any Program affiliated with an Educational Partner may be subject to the terms, policies and procedures of the applicable Educational Partner in addition to Ziksaya’s Terms. Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, an Educational Partner and are taking a Program for credit or certification through that Educational Partner, you acknowledge and agree that (a) the Educational Partner may have its own terms, policies or procedures regarding your eligibility to participate in the Program, your participation in the Program, the requirements or prerequisites for receiving credit or certification for the Program, and/or your educational or student records as they may relate to your participation and performance in the Program, and (b) your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not Ziksaya.

Certification

Ziksaya may offer an acknowledgement, credential or certification for Users who complete the respective courses. The decision to award any credential or acknowledgment to a specific User shall be solely at the discretion of Ziksaya. The format of any certificate, and of any performance, provided by Ziksaya relating to the courses will be determined by Ziksaya in its sole discretion and may vary from course to course The User acknowledges that such certification is not affiliated to any comal institution and is not intended to convey academic merit or count towards academic credits of any comal institution. Ziksaya, the course instructors, and the associated participating institutions have no obligation to have any course recognised by any comal institution or accreditation organisation.

EQUIPMENT

The User shall be exclusively responsible for obtaining and maintaining all telephone, computer hardware, software and other ancillary equipment needed for access to and use of this Website and all charges related thereto. The User shall be exclusively responsible for ensuring that such equipment is compatible with the Website and Services. Ziksaya shall not be liable for any damages to the User’s equipment resulting from the use of this Website.

MONITORING

Ziksaya shall have the right, but not the obligation, to monitor the content of the Website at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this agreement and any operating rules established by Ziksaya, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Ziksaya shall have the right to remove any material that Ziksaya, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.

INTELLECTUAL PROPERTY

All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this User Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity: (i) as between you and Ziksaya, you shall be deemed to be the sole owner of all posted information entered into the Website or otherwise posted by you; and (ii) Ziksaya is the sole owner of the name “Ziksaya” as well as the Website, and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from you to Ziksaya regarding the Website shall, upon submission to Ziksaya, be owned solely and exclusively by Ziksaya. In addition, Ziksaya shall be entitled to post feedback at the Website (and/or allow others to do so), both positive and negative, regarding any User. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Website shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein).

Copyright and Trademark Policy

We reserve the right to suspend, disable, or terminate the Accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others. If you believe in good faith that materials on the Services infringe your copyright, please provide us a notice requesting that the material be removed or access to it blocked and we shall review your complaint. The notice must include the following information:

  1. identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
  2. identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Ziksaya to locate the material on the Services;
  3. the name, address, telephone number, and email address (if available) of the complaining party;
  4. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  5. the physical or electronic signature of a Person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
  6. a statement that the information in the notification is accurate and, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Notice with respect to the Services can be sent to support@Ziksaya.com.

Ziksaya also respects the trademark rights of others. User Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by us in our sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at support@Ziksaya.com and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.

UNAVAILABILITY OF WEBSITE AND PAYMENT GATEWAY SERVICES

You are responsible, at your sole cost and expense, for providing all equipment necessary to access the Internet, the Website. While it is Ziksaya’s objective to make the Website accessible at all times, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. In addition, various portions of the Website may operate at a slower pace from time to time. You understand and acknowledge that due to circumstances both within and outside the control of Ziksaya, access to the Website may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Ziksaya shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. YOU AGREE THAT ZIKSAYA SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEBSITE AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS OR SUSPENSIONS OF THE WEBSITE.

Ziksaya shall make all reasonable efforts for the provision of uninterrupted service of the payment gateway subject to down time and regular maintenance. However, notwithstanding anything in this User Agreement, you acknowledge that the payment gateway may not be uninterrupted or error free or free from any virus or other malicious, destructive or corrupting code, program or macro and Ziksaya disclaims all warranties, express or implied, written or oral, including but not limited to warranties of merchantability and fitness of the payment services for a particular purpose. Although Ziksaya adopts security measures it considers appropriate for the offer of the Services and the payment gateway mechanism, it does not assure or guarantee that no person will overcome or subvert the security measures and gain unauthorized access to the same or your data. Ziksaya shall not be responsible or liable if any unauthorized person hacks into or gains access to the payment gateway service. In addition you agree that Ziksaya shall not be liable for any loss or damage whatsoever or howsoever caused or arising, directly or indirectly, including without limitation, as a result of loss of data; interruption or stoppage to your access to and/or use of the payment gateway services. Ziksaya’s sole obligation and your sole and exclusive remedy in the event of interruption of the payment gateway services shall be to use all reasonable endeavours to restore the Services and/or access to the payment gateway services as soon as reasonably possible.

PRIVACY

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your Information as described in the Privacy Policy. We view protection of User’s privacy as a very important community principle. We understand clearly that you and your personal information is one of our most important assets. Your Information which is stored and processed by us is protected by physical as well as reasonable technological security measures and procedures. If you object to the Privacy Policy in any way, please do not use the Website.

By accepting the Privacy Policy, you hereby consent to your information being shared on a no-name basis with third parties.

YOUR CONSENT

By using the Service and/ or by providing your Information, you consent to the collection and use of the Information you disclose on the Service by Ziksaya in accordance with Ziksaya’s Privacy Policy.

MODIFICATION OF TERMS OF USE

These terms of use were most recently updated on [Insert Date]. Ziksaya reserves the right, at its sole discretion, to modify or replace any of these terms of use, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or Content) at any time by posting a notice on the Website. Such changes may include, among other things, the addition of certain fees or charges, in addition to the Course Fees. We suggest to you, therefore, that you re-read this important notice containing our terms of use and Privacy Policy from time to time so that you stay informed as to any such changes. If we make changes to our terms of use and Privacy Policy and you continue to use our Website, you are implicitly agreeing to the amended terms of use and Privacy Policy and we shall not be liable for any loss suffered by you on your failure to review such revised terms of use and Privacy Policy. Unless specified otherwise, any such deletions or modifications shall be effective immediately upon Ziksaya posting the same thereof. Continued use of the Services provided by Ziksaya will be deemed to constitute acceptance of the new terms and conditions.

THE OPT-OUT PRACTICE

(i) If you are no longer interested in receiving e-mail announcements and other marketing information from us, or you want us to remove any personal information that we have collected about you, you can opt-out anytime by sending an e-mail about your request to Ziksaya.

(ii) We use and/or may hereafter use third-party service providers to serve ads on our behalf across the Internet and sometimes on this site. They may collect anonymous information about your visits to our Website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, cookies and any other method which is industry standard technology used by most major websites to collect information regarding usage of the Website by any User. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the User.

BREACH AND SUSPENSION OF SERVICES

We may at our sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend your User Account and/or access to the Services and Content therein (as the case may be) without giving any prior notice, to carry out system maintenance or/and Ziksayaing or/and testing or/and repairs or/and other related work. Without prejudice to any other provisions of these terms of use, we shall not be liable to indemnify you for any loss or/and damage or/and costs or/and expense that you may suffer or incur, and no fees or/and charges payable by you to the Services shall be deducted or refunded or rebated, as a result of such deactivation or/and suspension.

Without limiting other remedies, Ziksaya may without liability, limit your activity, immediately remove your Information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event and remove any non-compliant Information, but not limited to:

  1. If you breach this User Agreement and the Privacy Policy;
  2. If Ziksaya is unable to verify or authenticate any information you provide;
  3. If you fail to reasonably cooperate in any investigation by us;
  4. If it is believed that your actions may cause legal liability for you, other Users or Ziksaya; and
  5. If Ziksaya believes that you have breached any applicable law.

A User that has been suspended or blocked may not register or attempt to register with Ziksaya or use the Website in any manner whatsoever until such time that such User is reinstated by Ziksaya. Notwithstanding the foregoing, if you breach the User Agreement or the documents it incorporates by reference, Ziksaya reserves the right to recover any amounts due and owing by you to Ziksaya and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.

Ziksaya reserves the right to recover the cost of Service(s), collection charges and lawyer’s fees from persons using the Website fraudulently. Ziksaya reserves the right to initiate legal proceedings against such persons for fraudulent use of the Website and any other unlawful acts or omissions in breach of these terms of use.

If you use the Website, you are responsible for maintaining the confidentiality of your User Account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your User Account or password. Because of this, we strongly recommend that you exit from your User Account at the end of each session. You agree to notify Ziksaya immediately of any unauthorized use of your User Account or any other breach of security.

ACKNOWLEDGEMENTS

You acknowledge that Ziksaya is not an comal institution, university and/or deemed university. You further acknowledge that your participation in and completion of any course (i) does not establish any relationship between you and any comal institution with which Ziksaya may be affiliated; (ii) enrolls or registers you in any comal institution, or in any course offered by any comal institution; or (c) entitles you to use the resources of any comal institution beyond participation in the course.

TERMINATION

These terms of use, with modifications as contemplated, shall remain in full force and effect during your use or access of the Service or till the date your User Account is terminated whichever is later.

Ziksaya may terminate your access to all or any part of the Services, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all Information associated with your membership. If you wish to terminate your User Account, you may do so by following the instructions on the Website. Any fees, including the Course Fees paid hereunder are non-refundable. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

PAYMENT TERMS AND REFUND POLICY

Unless otherwise expressly agreed in writing by Ziksaya, full payment for participation in a Program is required at the time of registration. In the case of Programs that include a trial window, such trial window shall be made available only after the full payment. During the trial window, upon a request by the Student, and to the satisfaction of Ziksaya, Ziksaya may choose to refund the Program Fees paid, subject to such charges as may be decided from time to time. Once the trial window has closed, there will be no refund allowed for any reason whatsoever.

It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment into a Program is non-transferable.

To make payment for any Program or to purchase any services or products offered by Ziksaya through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). Ziksaya does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Ziksaya’s third-party payment provider stores any such information, Ziksaya will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Ziksaya is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.

Failure to pay may result in withdrawal of your access to a Program. Depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Ziksaya does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.

You may cancel your enrolment at any time. No refund will be made once the payment (in part or whole) for a Program has been made. We do not provide refunds for the lack of usage or dissatisfaction.

If you have subscribed for a free trial, the free trial period will last for the period of time specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, you may be ineligible for certain features of a product or service during your free trial period.

Use of Programs

Ziksaya reserves the right to cancel or reschedule any Program or live lectures/webinars, or to alter, modify or rearrange the schedule of topics, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. You also understand that Ziksaya, at its sole discretion, may limit, suspend, or terminate your use of the Platform or Programs and/or all Ziksaya-provided services related to the Programs, such as access to Ziksaya coaches or support services, evaluation services, or certifications. You also understand that Ziksaya may modify or discontinue all services related to its Programs at its sole discretion. You agree that Ziksaya shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate Ziksaya to maintain and support the Platform or Programs or any part or portion thereof or any associated services.

If you no longer wish to use any Program, you may terminate your participation by giving notice to Ziksaya.

Participants of Ziksaya online live lectures and webinars shall be provided access to such classes via email. You agree not to share such access with any third party. If you are unable to attend an online live lecture/webinar, please provide Ziksaya with prior intimation regarding this.

You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Platform, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services. You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Platform, and you shall be responsible for all charges incurred in connection with the use of the Platform and Program in connection with all such equipment and ancillary services.

WARRANTY DISCLAIMER

Save to the extent required by law, Ziksaya has no special relationship with or fiduciary duty to you. You acknowledge that Ziksaya has no control over, and no duty to take any action regarding: which Users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You understand that Ziksaya has no obligations to verify the original documents submitted by a User and have assumed that the same are true, correct and complete in all respects.

You release Ziksaya from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Ziksaya makes no representations concerning any Content contained in or accessed through the Services, and Ziksaya will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.

Ziksaya makes no warranty that: (a) the Website will meet your requirements; (b) the Website will be available on an uninterrupted, timely, secure, or error-free basis; (c) the results that may be obtained from the use of the Website or any Services offered through the Website will be accurate or reliable.

Ziksaya makes no representation or warranty, express or implied, with respect to any third party data provided to Ziksaya or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Ziksaya will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance, or (c) interruption in any such third party data due either to any negligent act or omission by Ziksaya or “force majeure” or any other cause beyond the control of Ziksaya.

You release us from all liability relating to your connections and relationships with other Users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of Users or attempt to verify their backgrounds or statements. We make no representations or warranties as to the conduct of Users or the veracity of any information Users provide. In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the Services, including, without limitation, bodily injury, emotional distress, and any damages resulting in any way from communications or meetings with Users or persons you may otherwise meet through the Services. As such, you agree to take reasonable precautions and exercise the utmost personal care in all interactions with any individual you come into contact with through the Services, particularly if you decide to meet such individuals in person.

THE WEBSITE, SERVICE AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW.

ZIKSAYA AND ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT:
(I) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION;
(II) ANY DEFECTS OR ERRORS WILL BE CORRECTED;
(III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
(IV) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE WEBSITE, SERVICE, CONTENT AND ADD-TO LINK IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

ZIKSAYA SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, ZIKSAYA SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE SERVICES DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE SERVICES THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND OUR CONTROL. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH USE OF THE SERVICES IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.

THESE LIMITATIONS, DISCLAIMER OF WARRANTIES AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE, OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

ALL DETAILS OF THE USERS OF THE ZIKSAYA WEBSITE INCLUDED IN OR AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED FOR USE WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ZIKSAYA, ITS SHAREHOLDERS, ITS HOLDING COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE INFORMATION OR OTHER MATERIAL WHICH IS PLACED ON THE WEBSITE BY ANY PERSON IS CORRECT.. YOU HEREBY REPRESENT AND WARRANT TO ZIKSAYA THAT YOU ARE LEGALLY COMPETENT TO EXECUTE, BE BOUND BY AND ADHERE TO TERMS AND CONDITIONS OF ZIKSAYA. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR RISK. YOU AGREE THAT ZIKSAYA SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGES SUFFERED BY YOU IN CONNECTION WITH THE USE OF THE WEBSITE OR ANY CONTENT CONTAINED THEREIN OR ANY DAMAGE SUFFERED IN THE EVENT OF DEFAULT OR MISREPRESENTATION BY ANY OTHER USER OF THE WEBSITE.

DISPUTE

Ziksaya is under no obligation to become involved in disputes or between two Users, or between Users and any third party arising in connection with the use of the Website. You release Ziksaya, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Service.

LIMITATION OF LIABILITY

Ziksaya shall not be responsible for any act or omission which could be attributable to a default of any other person over which Ziksaya does not exercise control, including without limitation any error or failure or inability of the network service provider or any failure of any personnel of the client.

Ziksaya’s liability to the User on the Website and for any other claim arising in connection with this defect shall be limited to the correction or repair of such breach or defect or the replacement of the defective or non-conforming portion of the Website.

The remedies provided in this clause shall be the Users’ sole and exclusive remedies for any and all claims arising in connection with the terms of use made or suffered by the User or other party whether under contract or other legal theory.

Ziksaya’s liability in any circumstance is limited to the amount of Course Fees, if any, paid by you to Ziksaya. Ziksaya, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website or Services will be error free and/or uninterrupted. Consequently, Ziksaya assumes no liability whatsoever for any monetary or other damage suffered by you on account of:

  1. The delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website which are incorporated by way of reference in this User Agreement;
  2. (ii) Any interruption or errors in the operation of the Website. You expressly understand and agree that Ziksaya shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Ziksaya has been advised of the possibility of such damages).

In no event shall Ziksaya, its agents, or anyone else who has been involved in the creation, production, or delivery of these pages, be liable for special, exemplary, incidental, consequential, punitive or tort damages resulting from loss of use, loss of data, loss of profits or loss of business arising out of or in connection with these terms of use, including without limitation any such damages arising out of or in connection with the use of the Services and the Website or ay linked site, whether or not Ziksaya or its licensors have been advised of the possibility of such damages. Ziksaya uses its best endeavour to ensure the confidentiality and secrecy of user Information and authorization. If the authorization code has been lost, misplaced, or revealed to another person, Ziksaya should be immediately intimated in writing of the same, failing which, you may be liable for the following consequences:

(i) Honouring any instruction given through your account using your authorization or identification code;

(ii) Any alteration, deletion or dissemination of your confidential information about you in the account/profile maintained by you on the Website; and

(iii) Any unlawful act or authorization carried out using the stolen identification and authorization codes.

Once intimated to Ziksaya in writing, Ziksaya will utilize all methods at its disposal to control the damage at the earliest. Ziksaya shall not be liable for any loss or damage arising out of or in connection with:

(i) any error or inaccuracy in the data entered by you or any other User; and

(ii) any negligence, breach of contract, misrepresentation or willful misconduct in relation to the Property listing, advertising and online bidding platform.

External Links – The Website contains links to other Internet sites and telephone numbers for content maintained by third parties (“Linked Sites”). The Linked Sites are not under the control of Ziksaya and we are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. These Linked Sites shall be governed by their own policies. The availability of such Linked Sites does not constitute any form of recommendation, advice, endorsement or publication of any such Linked Sites and Ziksaya is not responsible for their availability or content. Links to other websites are provided by Ziksaya as a convenience to its Users. Ziksaya is not responsible for the materials contained at any website linked to this site and Ziksaya cannot guarantee that such third party content, in the Services or elsewhere, will be free of malware or other contaminants that may harm your computer, mobile device, or any files therein. If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Services, such activity would be solely between you and the third party. We shall have no liability, obligation or responsibility for any such activity.

Unlawful Or Prohibited Use – As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by or under any law, rules, orders, regulation, notification or circular issued by any local or governmental body in India, or these terms, conditions, and notices.

You may not use the Services in any manner that could damage, disable, overburden, impair or violate the security of the Website, or interfere with any other party’s use and enjoyment of the Services. Violation of the system or network security may result in civil of criminal liability. Pursuant to the same, the User is prohibited from carrying out the following activities:

  1. accessing or attempting to access data, Services, Content, computer systems or networks connected to any Ziksaya server, not intended for such User or logging onto a server or an account that the User is not authorised to access through any means including hacking, password mining, etc.;
  2. obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Services;
  3. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
  4. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”
  5. sending unsolicited emails, including promotions and/or advertising of products or services; or
  6. forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

This service is available only to persons above the age of 18 (eighteen) years of age. Ziksaya does not intend to offer the Services to persons or entities outside India where such Services would be in contravention with applicable laws and regulations. Accessing the Website and availing the Services from territories where the Content, the Services or functionality of the Website or any portions thereof is illegal, is expressly prohibited. If you choose to access the Website and avail the Services, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

You understand that any and all decisions made by you with respect to the Services are yours alone. In no event will Ziksaya be liable to you or any third person for any damages, costs, losses or expenses, including any lost capital, lost profits or special, incidental, consequential or punitive damages arising from your use of the Website or use of the Services, even if Ziksaya has been advised of the possibility of such damages, costs, losses or expenses.

INDEMNIFICATION

You shall defend, indemnify, and hold harmless Ziksaya, its affiliates and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all losses, costs, actions, claims, damages, expenses (including reasonable legal costs) or liabilities, that arise from or relate to your use or misuse of, or access to, the Website, Service, Content or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using the your account, of any intellectual property or other right of any person or entity (save to the extent that a court of competent jurisdiction holds that such claim arose due to an act or omission of Ziksaya). Ziksaya reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Ziksaya in asserting any available defences. You may not consent to the entry of any judgment or enter into any settlement of a claim without our prior written consent, which may not be unreasonably withheld. We reserve the right to enforce our rights under this provision by withholding amounts otherwise due to you under these terms of use.

Further you hereby agree that all payments with respect to refunds and chargebacks shall be your sole responsibility and Ziksaya shall not be liable for any claims, disputes, penalties which may arise in connection with such refunds or chargebacks. You agree to indemnify Ziksaya in respect of any claims, disputes, penalties, costs and expenses arising directly in relation to refunds or chargebacks for all transactions initiated and instructed through the Website.

You agree to indemnify and hold Ziksaya (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys’ fees, or arising out of or related to your breach of this User Agreement, or your violation of any law or the rights of a third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of violation of any applicable laws, regulations including but not limited to intellectual property rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

OWNERSHIP

Except for the User Content, any material, content or logos, marks, software on or part of the Service and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by Ziksaya or its licensors. You acknowledge that the Website and any underlying technology or software on the Website or used in connection with rendering the Services are proprietary information owned or duly licensed to Ziksaya, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under the terms of use. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website.

CONFIDENTIALITY

During the course of your use of our Services and access to the Content, you may receive information relating to us or to our Services, that is not known to the general public (“Confidential Information”). You agree that: (a) all Confidential Information will remain Ziksaya’s exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in our Services; (c) you will not otherwise disclose Confidential Information to any other person or third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these terms of use. You may not issue any press release or make any public statement related to our Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way.

MISCELLANEOUS

(i) Governing law and Dispute Resolution- This User Agreement and the terms of use contained herein shall be governed by and construed in accordance with the laws of India only without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts of New Delhi, India. If any dispute arises between you and Ziksaya during your use of our Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be sought to be amicably resolved between the User and Ziksaya. If any dispute remains unresolved 21 (twenty one) days thereafter, the dispute shall be finally settled by a sole arbitrator who shall be an independent and a neutral third party identified by Ziksaya. The place of arbitration shall be New Delhi. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. You are solely responsible for your interactions with any User (even to the extent prohibited hereby) and any disputes that may result from such interactions. Ziksaya reserves the right, but has no obligation, to monitor disputes between you and such persons.

Notwithstanding the foregoing, Ziksaya may seek injunctive relief in any court of competent jurisdiction in respect of any matter concerning the infringement of its intellectual property rights or the use of its Services to infringe any third party’s intellectual property rights.

(ii) Independent Parties- You and Ziksaya are independent contractors, and nothing in this User Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. These terms of use will not create an exclusive relationship between you and us. Nothing expressed or mentioned in or implied from these terms of use is intended or will be construed to give to any person other than the parties to this User Agreement any legal or equitable right, remedy, or claim under or in respect to these terms of use. These terms of use and all of the representations, warranties, covenants, conditions, and provisions herein are intended to be and are for the sole and exclusive benefit of Ziksaya and the Users. As between you and us, you will be solely responsible for all obligations associated with the use of any third-party service or feature that you permit us to use on your behalf, including compliance with any applicable terms of use. You will not make any statement, whether on your site or otherwise, that would contradict anything in this clause.

(iii) Assignability-The Website may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, you shall not assign, sub-license or otherwise transfer any of your rights or obligations under this User Agreement to any other party, unless written consent is taken from Ziksaya.

(iv) Severability- If any provision of these terms of use is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

(v) Waiver- Failure by the Website to exercise any right or remedy under these terms of use does not constitute a waiver of that right or remedy.

(vi) Force Majeure- The Website is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, robbery, theft of data or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

(vii) Interpretation – In this User Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this User Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this User Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this User Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this User Agreement; and any reference to a time limit in this User Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.

GRIEVANCE OFFICER

In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:

Name: Grievances Officer

Email Id: grievances@ziksaya.com

In the event you wish to make a complaint regarding any violation of the provisions of these terms of use, you may send a written complaint to the Grievance Officer, who shall redress the complaint within 1 (one) month.

CUSTOMER SUPPORT

Ziksaya shall provide customer support limited to responding to questions/queries regarding the nature of the Services provided for but not limited to payment, refunds, functionality and feedback. If you have any questions regarding the same, you can contact us at support@ziksaya.com

CONTACT

If you have any questions about this User Agreement or the Privacy Policy of Ziksaya, or if you want to exercise any of the rights that you are given under this User Agreement, you can contact us at support@ziksaya.com