TERMS AND CONDITIONS

A. GENERAL

  1. These are the Terms and Conditions of Use (‘Terms’) which form a legal and binding agreement amongst Us or its affiliates or subsidiaries (referred to as the ‘Us’, ‘We’ or ‘Our’) and any person (‘You’/ ‘Your’/ ‘User’) accessing:

    1. Our website - www.zaplearn.com (‘Website’) and the ZapLearn mobile application (‘App’) including any subdomains of the Website, mobile sites, apps, APIs, widgets (hereinafter collectively referred as ‘Platform’), and/or;
    2. any data, information, text, graphics, video, sound, pictures, and any other materials appearing, sent, uploaded, communicated, transmitted, or otherwise made available via the Platform (jointly referred to as the ‘Content’) for engaging with Content hosted on the Platform (‘Services’).
  2. User (as described above) shall be bound by these Terms, Privacy Policy and all other rules, regulations, and terms of use (including Privacy Policy) referred to herein or provided by Us in relation to any Services

  3. This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and various other statutes. This electronic record is generated by a computer system and does not require any physical or digital signatures.

  4. We reserve the right to amend, modify, update, terminate, supplement, or otherwise amend all or any of the Terms, Privacy Policy, rules, or regulations on the Platform at any time by publishing new Terms. We may, at our sole discretion, notify the User of any change or modification in these Terms, Privacy Policy, rules, regulations, or other policies referred to herein or provided by Us, by way of sending an email to the User’s registered email address or posting notifications in the User accounts. The User may then exercise the options provided in such an email or notification to indicate non-acceptance of the modified Terms, rules, regulations, and terms of use referred to herein or provided by Us. If such options to indicate non-acceptance are not exercised by the User within the period prescribed in the email or notification, the User will be deemed to have accepted the modified Terms, rules, regulations, and terms of use referred to herein or provided by Us.

  5. These terms are made available via the app store or platform that you download our Platform from (such as the iOS App Store, Google Play Store, Amazon App Store, Windows Phone Store etc.), or any website or platform where you engage with our Content, and on our website at www.zaplearn.com.

  6. You acknowledge and agree that by using, or otherwise accessing Our Platform and Services, you agree to be bound by these Terms and our Privacy Policy. You acknowledge that we provide use and access to our Platform and Services to you, subject to these Terms. You agree and acknowledge that you have completely read and understood these Terms and the Privacy Policy, incorporated herein by reference, as amended from time to time.

  7. If the User does not accept the modified Terms, rules, regulations, and terms of use referred to herein or provided by Us, we reserve the right to deny access to the Platform and Services to the User. If the User does not accept the modified Privacy Policy, we reserve the right to deny access to the Platform and Services to the User to the extent such modified terms of the Privacy Policy are required to provide access to the Platform and Services.

  8. Participation and engagement with Our Platform or viewing of certain Content may be subject to further terms and conditions as may be notified by us from time to time on the Website or otherwise. You ensure that you have read, understood, and agree to abide by the rules and regulations of Our Platform.

  9. “Content” shall mean and include all material made available on or through the Platform, whether created, owned, or licensed by the Company, its affiliates, partners, or uploaded by Users. This includes, without limitation, text, graphics, photographs, illustrations, icons, audio files, sound recordings, dialogues, video recordings, animations, interactive features, guides, tutorials, and promotional material.

  10. We may, at Our sole and absolute discretion:

    1. Move or remove any Content that is available or posted on the Platform.
    2. Establish general practices and limits concerning the use of the Platform and modify these practices, limits, and thresholds at its discretion, from time to time, and such changes shall be notified and/or included within updated Terms as deemed fit by Us.
    3. Assign its rights and liabilities to all User accounts hereunder to any entity (post such assignment, intimation of such assignment shall be sent to all Users to their registered email addresses).
  11. Your use of information on our Platform including results, content, modules, statistics, data, and news posted on our Platform is at your own risk. Other than as expressly set out in these Terms and to the extent permitted by law, we make no warranty as to the accuracy or reliability of the information contained on our Platform or in our publications (including, but not limited to, any Content or information generated on our Platform by or on behalf of us, and any third-party content on our Platform). We and our related entities, directors, officers, and agents disclaim all liability and responsibility for any loss or damage (whether direct or indirect) that may be suffered by any recipient through relying on anything contained in or omitted from our Platform or publications.

  12. You hereby unconditionally and irrevocably, expressly agree to the transfer of your personal data and information (including sensitive data) to Us and to such third parties who we contract with to provide you with the Services.

B. Description of Services Offered

  1. Subject to the Users compliance with these Terms, We give Users a personal, non-assignable, non-sublicensable, non-transferable, non-exclusive, and revocable limited license to access and use the Platform that is provided as part of the Services. This right is for the sole purpose of enabling the personal private use of the Platform by the Users, and not for any commercial use by Users, to access content hosted on the Platform, in the manner prescribed under these Terms and only until the User is bound by these Terms.

  2. The Services may change or be modified from time to time without prior notice or communication. We reserve the right to change, modify or delete the Platform or Services, information, and Terms listed thereon at any time without prior notice.

  3. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or any other information. The types and extent of advertising by Us on the Services are subject to change. In connection with our provision of the Platform, we may utilize online targeting technologies and code-based tools, including but not limited to social media pixels, Software Development Kits (‘SDKs’), and cookies (i.e., advertising or analytics cookies) that track information about your activity and webpage-viewing history on the Sites (collectively, ‘Targeting Tool’) in order to recommend on the Platform tailored Content and to gauge performance of the Content, the Platform and the Company in general.

  4. Any charges levied on Users for accessing the Services, including but not limited to internet connection and/or mobile or data charges are solely the responsibility of such Users.

  5. The Service imposes certain restrictions on its usage, which are outlined below:

    1. You must not create an Account or access the Service if you are below the age specified by platforms like Google Play Store, App Store, or Facebook.
    2. It is your responsibility to monitor your Account and prevent minors under the age of 18 from accessing it. You accept full responsibility for any unauthorized use of the Service by minors using your Account, including the use of payment methods.
    3. You are not permitted to have more than one Account per platform or social networking service (SNS) simultaneously. Additionally, you must not create an Account using false information or on behalf of someone else.
    4. Individuals who are convicted sex offenders are prohibited from creating an Account or using the Service.
    5. If you have been previously removed or banned by us from any of the platforms operated by Us, you are not allowed to create a new Account or use the Service.
    6. Your Account should only be used for non-commercial purposes.
    7. You are prohibited from using your Account to advertise, solicit, or send any commercial advertisements, including chain letters, junk emails, or repetitive messages (spam) to anyone.
    8. You must not use your Account to engage in any illegal activities.
    9. Without our written permission, you are not allowed to sublicense, rent, lease, sell, trade, gift, bequeath, or transfer your Account or any virtual items associated with your Account to anyone.
    10. You are not permitted to access or use an Account or virtual items that have been transferred from the original Account creator without our permission.
    11. If you access the Service through a social networking service (SNS), you must also comply with the SNS's terms of service/use in addition to these Terms of Service.
  6. The virtual items have no real cash value and cannot be encashed for any prize, winnings, reward, consideration, profit, or gain equivalent to any real money value whatsoever. If you spend all your free virtual items, you can purchase more virtual items to avail Services by making payments on the Platform.

  7. Notwithstanding anything contained in these Terms or any other policies, the virtual items given to you may be forfeited by Us at our sole discretion. Upon such forfeiture, You shall have no further claim over these amounts, and We shall bear no liability in this regard.

C. User Registration

  1. In order to access the Website or fully utilize the Platform offered by Us, a User is required to register on the Platform. You are not authorised to access our Platform, until you have created an Account (defined below).

  2. If you wish to become a registered User, you will need to create an account (‘Account’) on our Platform, have a valid account on the social networking service (‘SNS’) through which you connect to the Service, if any, or have an account with the applications provider for your mobile device. Each User is only permitted to open one Account. We reserve the right to terminate or suspend any duplicate accounts.

  3. In order to create or update an Account, We may require you to register by completing a form and providing certain details, which may include your name, birth date, e-mail address, and in some cases, payment information. This information will be held and used in accordance with Our Privacy Policy and relevant “just-in-time” notices, if any, provided at the point of information collection or use. You agree that you will supply accurate and complete information to Us, and that you will update the information promptly after it changes.

  4. You understand that your user ID number, name, and picture on our websites/applications will be publicly available and that search engines may index your name and profile photo.

  5. You can also register or log in through your Google e-mail address or using a guest log-in. Permission to open the Account shall be determined by Us or Our representatives, at their sole discretion. We may refuse to grant an application for an Account made by any person without giving a reason for such refusal. You agree and acknowledge that Our decision in this regard shall be final.

  6. Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect Our rights or property, including to enforce our Terms of Service. By entering into these Terms of Service, you hereby provide your irrevocable consent to such monitoring, access, and disclosure.

D. Eligibility

  1. You warrant that you are not prohibited from receiving products of Indian origin, including services or software.

  2. You must be over 18 years of age to access and/or use our Platform and create an Account with us. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you have not previously been suspended or blocked from using the Platform; and (c) your registration and your use of the Platform is in compliance with any and all applicable laws and regulations.

  3. We reserve the right to request proof of identity at any stage to verify that minors are not using the Platform and we may exclude a person from accessing or using the Platform if proof of identity is not provided or if We suspect that a person is under the age of 18 years.

  4. Parents and guardians should monitor their children’s / ward’s online activities and consider using parental control tools available from online services that help provide a child an amicable online environment. These tools can also prevent children from disclosing any personal information without parental permission.

  5. You agree to provide true, accurate, current, and complete information at the time of registration and at all other times (as required by Us). You agree to update and keep updated all information provided for the purposes of registration. You undertake and agree that all information provided by you from time to time is true, accurate, current, and complete to your personal knowledge.

E. Creation of Account and Use of the Platform

  1. Upon grant of the Account by us, your Account will be created, and you will be able to use our Platform, and access the Service(s). You agree and acknowledge that such an Account can be terminated by us by giving notice to you, for any reason deemed fit by Us in Our sole discretion.

  2. You represent and warrant to us that, throughout the course of your usage of our Platform, you will not permit other persons to access or use your Account. If you permit other persons to access or use your Account, you do so at your own sole risk as to any consequences. You further agree and accept that you shall not access or use the Platform through the Account of another User.

  3. By accepting these terms and conditions upon registration, you give consent to Us to disclose your personal information provided to us to a third-party agency to assist in verifying your identity. The third-party agency may prepare and provide Us with such an assessment and may use your personal information including the names, residential addresses and dates of birth, financial information etc. for the purposes of preparing such an assessment. Please refer to our Privacy Policy in this regard.

  4. You acknowledge that your participation on the Platform is purely voluntary and at your sole discretion and risk.

  5. We verify User(s) location by logging of IP address for location mapping and User(s) hereby consents for collection of aforementioned information. We reserve the right to delete/remove such Account(s) without any notice and in its sole and absolute discretion.

  6. You may access Content for informational and personal use solely as intended through the functionality of the Service and as permitted under these Terms of Service.

  7. You shall not download any Content unless a “download” or similar link is expressly displayed by the Company for that Content.

  8. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purpose without the prior written consent of the Company or the respective licensors of the Content.

F. Third-Party Content

  1. Third-parties may submit Content such as videos, thumbnails, and comments to be uploaded on the platform. Such third-parties (“Third-Party Publishers”) shall be solely responsible for the Content submitted by them and the consequences of publishing it on the Platform.

  2. Third-Party Publishers represent and warrant that they own, or have the necessary licenses, rights, consents, and permissions to publish such Content.

  3. By submitting Content, Third-Party Publishers grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, adapt, display, publish, make available online, and perform the Content in connection with the Services and the Company’s business, including promotion and redistribution. The license for video Content ends within a commercially reasonable time after such Third-Party Publisher removes or deletes it, however the Company may retain non-public server copies.

  4. For clarity, such Third-Party Publishers retain ownership of all Content submitted by them.

  5. Third-Party Publishers shall at all times, and shall ensure that the Content submitted shall, comply with all applicable laws and the community guidelines provided by the Company.

  6. The Company does not endorse Content submitted by Third-Party Publishers and expressly disclaims liability for it.

  7. The Company does not permit copyright infringement or violations of intellectual property rights and will remove infringing Content upon proper notice.

  8. The Company reserves the right to remove Content at any time without prior notice.

G. Advertisements

  1. You acknowledge that the Service and Our Platform may display advertisements by Us or third parties as explained in Our Privacy Policy.

  2. The Service may contain links to third-party websites or vendors that may offer you a promotional deal in exchange for optional components of the Service or upgrades. Any charges or obligations you incur in your interactions with these third parties are solely your responsibility. We do not guarantee or warrant the content, goods, and/or services provided by any third party, even if they are linked to from our Service, and We will not be held liable for any claims related to such third-party content, goods, and/or services. These linked sites are not controlled by Us and We may gather data or request personal information from you. We are not responsible for the content, business practices, or privacy policies of these sites, nor for the collection, use, or disclosure of any information they may gather. Additionally, the inclusion of any link does not imply endorsement by Us of the linked sites.

H. Security

  1. Access to your Account and to add, delete or modify any Content on your Account is password/OTP protected.

  2. We are not liable for any loss, damages or expenses of any kind incurred or suffered by you arising from or in connection with any failure, delay or interruption, interception, interference, in transmitting passwords/OTPs due to any failure of the mobile service network or any other circumstance beyond our reasonable control.

  3. You agree that you will not disclose your password / OTP to anyone or allow any other person to access or use your Account. We are not responsible if your Account is accessed or opened by other persons using your password. You shall be held solely responsible and liable for all your activities on the Platform made from your Account.

  4. You understand that it is your obligation to protect the information you have provided on the Platform including, but not limited to usernames, passwords, email addresses, contact details, bank account information etc. You explicitly understand and agree that we will not incur any liability for information provided by you to anyone which may result in your Account on the Platform being exposed or misused by any other person or any other harm or loss being suffered by you.

  5. Provided that We have not engaged in fraud or gross negligence, We will not be liable to a User for any authorised transaction which has been executed through the Platform as a result of:

    1. fraud committed by any User using User’s access credentials before the User has notified Us in writing of the loss or theft or such access credentials, as a result of which We have been unable to take any action to disable the access credentials;
    2. fraud committed by third parties against Users which may not be preventable by, or occur despite the security systems of the Platform;
    3. a voluntary action or transaction initiated suo motu by any User at the behest of another User, which is not initiated by Us for the transfer of funds, credit, or stored value to another User;
    4. the security, accuracy, legality, appropriateness or any other aspect of the Content or function of any third party’s products or services on our Platform.
  6. Please contact us immediately if your mobile or computer device through which you access the Platform has been lost, stolen, or compromised in any way or someone has used or may use your mobile or computer device or credentials without your authorisation or if you become aware of any unauthorised use of your Account.

  7. You should only transact with a third-party product or service that you know.

  8. Please note that we can terminate or suspend your Account and all associated accounts, institute fraud prevention measures such as access restrictions, transaction velocity restrictions etc., without prior notice to prevent unauthorised use of our Platform. You must co-operate with us in any investigation and use any fraud prevention measures we prescribe, and you agree that we will not be liable to you or any third party for any block, suspension, cancellations, or termination of your use of an Account owing to such measures.

  9. You are hereby informed that any and all information associated with any fraudulent transaction may be shared by Us (with or without demand) with the appropriate government body, law enforcement body, or any agency thereof, for the purpose of verification of the identity of User, or for prevention, detection, investigation, prosecution, and punishment.

I. User Conduct

  1. In accessing or using our Platform you agree that you will not:

    1. use any automated device, software, process or means to access, retrieve, scrape, or index our Platform or any Content thereon without our express prior written consent;
    2. use any device, software, process or means to interfere or attempt to interfere with the proper working of our Platform;
    3. undertake any action that will impose a burden or make excessive traffic demands on our infrastructure that we deem, in our sole discretion, to be unreasonable or disproportionate site usage;
    4. use or index any Content or data on our Platform for purposes of competing with us in any manner that we have not specifically authorised; transmit spam, chain letters, junk email, surveys, or other mass messaging, whether commercial in nature or not;
    5. use our Platform or any Content there from in any manner which is, in our sole discretion, not reasonable and / or not for the purpose it is made available;
    6. violate the rights of any person, including copyright, trade secret, privacy right, or any other intellectual property or proprietary right;
    7. pose as any person or entity or attempt to solicit money, passwords, or personal information from any person;
    8. act in violation of any Terms of using our Platform;
    9. reproduce, republish, retransmit, modify, adapt, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit our Platform or any Content thereon, except as expressly authorised by us; or
    10. transmit or attempt to transmit any computer viruses, worms, defects, trojan horses, or other items of a destructive nature.
  2. If you / any third-party chooses to submit any content on the Platform, you hereby warrant that no Content/ User Generated Content shall:

    1. be considered to be, unlawful, threatening, abusive, bigoted, hateful, libelous, tortious, blasphemous, false or misleading, discriminatory, defamatory, obscene, harmful to children, vulgar, offensive, violent, invasive of another’ privacy, publicity, contract or other rights, pornographic or inclusive of nudity, paedophilic, profane, sexually explicit, indecent, racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
    2. constitute, advocate, or encourage conduct that would constitute or give rise to a criminal offense, civil liability, or other violation of any local, state, national or international law;
    3. constitute or contains false or misleading indications of origin or statements of fact;
    4. belongs to another person and to which you do not have any right to, or infringe the Our intellectual property rights (whether registered or unregistered) or any third party;
    5. contain any information, software or other material of a commercial nature or is patently false or untrue;
    6. contain advertising, promotions, or commercial solicitations of any kind;
    7. impersonate another person;
    8. harass or harm another person;
    9. exploit or endanger a minor;
    10. impersonate or attempt to impersonate any person or entity or mislead or attempt to mislead another person regarding your identity;
    11. threaten the unity, integrity, defence, security or sovereignty of the territory, 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.
  3. As it concerns the content uploaded by you, without prejudice to your obligation to otherwise comply with applicable laws during the course of using the Platform, you agree to hereby comply with any and all applicable laws, as well as any other rules and restrictions that may be set forth herein or on the Platform. We shall not be held responsible for any content posted or contributed by Users on the Platform.

  4. The Users admit that they may be exposed to Content posted by other Users which they may find offensive, obnoxious, or indecent and that we may not be able to prevent such Content from being posted. Such Content should be brought to our notice. We shall act upon the information as it deems acceptable. The decision taken by Our management in this regard shall be final and binding on the User and you specifically agree that we shall not incur any liability under any circumstance whatsoever regarding the same.

  5. We reserve the right to prevent unauthorised access to or use of our Platform, including, but not limited to, instituting technological barriers, or reporting your conduct to any person or entity.

  6. In the event, we have reasonable grounds to believe that your activities include any of the acts specified above, we may initiate appropriate legal action against you as well as notify the relevant regulatory or law enforcement authorities where appropriate in addition to any other available remedies under law or equity, apart from restricting or suspending or terminating your use of the Platform.

  7. You shall not purchase, sell, assign, trade, rent, loan, lease, license, grant a security interest in, or transfer your User Account, any content, currency, points, standings, rankings, ratings, or any other attributes appearing in, originating from, or associated with the Platform.

  8. Users agree to abide by these Terms and all other rules, regulations, and terms of use of the Platform. In the event User does not abide by these Terms and all other rules, regulations, and terms of use, We may, in our sole and absolute discretion, take necessary remedial action, including but not limited to:

    1. restricting, suspending, or terminating any User’s access to all or any part of Services;
    2. deactivating or deleting a User’s Account and all related information and files on the Account; or
    3. refraining from awarding any prize(s) or withholding access to such infringing User.
  9. Users agree to ensure that they can receive all communication from Us by marking e-mails or push notifications. We will not be held liable if any e-mail/push notification remains unread by a User as a result of such e-mail getting delivered to the User’s junk or spam folder or user not receiving push notification If a User chooses a username that, in Our considered opinion is obscene, indecent, abusive or that might subject Us to public disparagement or scorn, We reserve the right, without prior notice to the User, to change the User’s username and inform the User, or delete such username and posts from Platform, deny such User access to Platform, or any combination of these options.

  10. Unauthorized access to Platform is a breach of these Terms, and a violation of the law. Users agree not to access the Platform by any means other than through the interface that is provided by Us for use in accessing Platform. Users agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of our sites, except those automated means that we have approved in advance and in writing.

  11. The use of the Platform is subject to existing laws and legal processes. Nothing contained in these Terms shall limit Our right to comply with governmental, court, and law-enforcement requests or requirements relating to User’s use of the Platform.

  12. We may not be held responsible for any content contributed by Users on the Platform.

  13. You will not use the Service(s) or any content provided by Us, or in connection with, or in any manner whatsoever, that relates to, or encourages or promotes, the activity of money laundering, gambling, betting, wagering or is otherwise unlawful or illegal in any manner whatsoever, under any Applicable Law. The Service(s) provided by Us are intended for entertainment purposes only and they do not, in any way, promote any form of gambling, wagering, or betting. We are not, and shall not be held to be responsible, directly, or indirectly, for any form of betting, wagering, or gambling acts/ activities that may take place outside these Terms as provided herein and hereby expressly disclaims any and all liability in connection therewith.

  14. We reserve the right to deny our Platform/ Services to any User in Our sole and absolute discretion. Such denial would automatically disqualify a User from engaging with the Platform.

  15. The User represents and warrants that the documents provided during the verification process are true copies of the original documents to which they relate.

  16. Users are required to provide proper and complete details at the time of registration. We shall not be responsible for communications errors, commissions or omissions including those of the Users.

  17. Subject to compliance with these Terms, the Company grants Users a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Content solely for lawful, personal, and non-commercial purposes. Except as expressly permitted, Users shall not copy, reproduce, distribute, modify, adapt, translate, create derivative works from, publicly display, perform, or exploit any Content in any manner without the prior written consent of the Company or the relevant rights holder.

  18. Users shall not employ any automated systems, including bots, crawlers, or scrapers, to access, harvest, or manipulate the Content. Reverse engineering, decompiling, tampering with, or attempting to extract source code from the Platform is strictly prohibited. Commercial exploitation of Content, including monetization of tournaments, unauthorized advertisements, sponsorships, or sale of access to contests, is not permitted.

  19. Users acknowledge that certain Content displayed on the Platform may be contributed or owned by third parties, including licensors, advertisers, and “Associated Brands.” All intellectual property rights in such Content remain vested with the respective owners, and Users shall not acquire any rights, title, or interest in the same. The Company reserves the right to review, monitor, filter, or remove Content at its discretion, including where such Content violates applicable law, infringes intellectual property rights, or breaches these Terms.

  20. User Obligations and Lawful Use: As a condition of access to and use of the Platform, Users agree to comply with all applicable laws, rules, and regulations of India, as well as these Terms. Users shall not use the Platform for any unlawful, abusive, or fraudulent purposes, nor in any manner that could damage, disable, impair, or interfere with the functioning, security, or integrity of the Platform or the experience of other Users.

  21. Without limiting the generality of the foregoing, Users expressly agree not to:

    1. Create, upload, publish, or distribute any content that is obscene, offensive, defamatory, derogatory, inflammatory, hateful, pornographic, abusive, unlawful, or otherwise objectionable.
    2. Misrepresent identity, impersonate another individual, misstate age, or provide false, misleading, or incomplete information at the time of registration or during the course of using the Platform.
    3. Employ automated programs, bots, scripts, or similar mechanisms to manipulate the Platform.
    4. Engage in spamming, phishing, solicitation, harassment, stalking, or intimidation of other Users.
    5. Use the Platform to promote, advertise, or conduct unauthorized commercial activities, including the distribution of promotional codes, links, or affiliate offers unless approved by the Company.
    6. Circumvent, disable, or otherwise interfere with security-related features, anti-cheat mechanisms, or usage monitoring systems deployed on the Platform.
    7. Collect, harvest, or misuse personal data or other information belonging to the Company or other Users without lawful authorization.
    8. Participate in collusion, cheating, or any activity that provides an unfair competitive advantage or undermines the integrity of the contests hosted on the Platform.
  22. The Company reserves the right to investigate suspected violations of these obligations and to take such action as may be deemed appropriate, including but not limited to suspension or termination of User accounts, forfeiture of winnings, legal action, and reporting to law enforcement authorities.

  23. All rights, title, and interest in and to the Platform, including but not limited to software, source code, design, interface, layout, visual elements, databases, algorithms, features, and all Content made available by the Company, are and shall remain the exclusive property of the Company or its licensors. These are protected under applicable intellectual property laws, including copyright, trademark, design, and database protection laws.

  24. The names “ZapLearn”, logos, symbols, graphics, mascots, slogans, product names, and any related trademarks or service marks (collectively, “Company Marks”) are the sole property of the Company and are protected under the Trade Marks Act, 1999, and other applicable laws. Unauthorized use of Company Marks, whether in domain names, social media handles, advertising, or promotional material, is strictly prohibited.

  25. Users acknowledge and agree that by using the Platform they do not acquire any ownership

  26. rights or proprietary interests in the intellectual property of the Company. No portion of the Platform may be copied, modified, reproduced, republished, uploaded, transmitted, or distributed in any form or by any means, without the prior written consent of the Company.

  27. The Company respects the intellectual property rights of others and expects Users to do the same. If any User or third party believes that their copyright, trademark, or other intellectual property rights have been infringed by any Content or activity on the Platform, they may submit a written complaint with all relevant details to the Company. Upon verification, the Company shall take appropriate remedial action, which may include removal of infringing material, suspension of the offending account, or reporting to competent authorities.

  28. User Generated Content, Rights, and Liabilities: The Platform may allow Users to create, upload, share, or otherwise publish content, text, images, comments, reviews, or other submissions (“User Generated Content”). Users remain the sole owners of their respective User Generated Content; however, by submitting such content on or through the Platform, Users grant the Company a worldwide, royalty-free, irrevocable, non-exclusive, perpetual, transferable, and sublicensable license to host, use, reproduce, adapt, modify, publish, distribute, publicly perform, and display such content in connection with the operation, promotion, and improvement of the Platform.

  29. Users represent and warrant that their User Generated Content does not infringe upon the intellectual property rights, privacy rights, or any other legal rights of third parties, and that it does not contain any harmful, unlawful, or inappropriate material. Users shall be solely responsible for their User Content and agree to indemnify and hold the Company harmless from any claims, damages, liabilities, or expenses arising out of or in connection with such content.

  30. The Company reserves the right, but not the obligation, to monitor, review, screen, edit, or remove User Generated Content at its sole discretion, particularly where such content violates these Terms, applicable laws, or community standards, or where it is otherwise harmful to the reputation, security, or interests of the Company and its Users.

  31. Further, Users acknowledge and agree that the Company may be legally required to preserve, disclose, or share User Generated Content with governmental or judicial authorities pursuant to lawful requests, investigations, or legal processes.

  32. Responsible Content Consumption and Restrictions: The Platform is committed to promoting a safe, responsible, and enjoyable content-viewing experience. The Content made available are for entertainment and informational purposes only. Users are advised not to consider any content as professional advice, financial guidance, medical recommendation, or otherwise actionable information.

  33. You agree not to access Content through any technology or means other than the video playback pages of the Service itself, the Audio/Visual Player made available by the Company, or other explicitly authorized means the Company may designate.

  34. Use of the Platform is restricted to individuals who are eighteen (18) years of age or older. In the event that any minors access the Platform, the parent or legal guardian of such minor shall be responsible for the minor’s conduct and exposure to content. Certain Content may carry age ratings, warnings, or disclaimers and Users are required to adhere to such restrictions. Any Content restricted to adults shall be classified as “A” rating, and parents and legal guardians shall be under the sole responsibility to ensure that no minors access such content on the Platform.

  35. The Platform reserves the right to restrict, suspend, or terminate access for Users who misuse the service, attempt unauthorized distribution of content, or breach age/content restrictions. The Platform may also implement geo-blocking to restrict access in regions where certain content is prohibited by law.

  36. Our role is limited to providing a digital space where Company and Users may upload, share, and display content created by them or shared by other Users. We do not exercise editorial control over the content hosted on the Platform, nor are we responsible for the actions or conduct of Users (whether online or offline). We are not liable for third-party services, features, or content that may be accessed through the Platform. Our liability, if any, shall be restricted strictly to the extent provided under applicable Indian law. You acknowledge and agree that we shall not be liable for any loss of profits, revenues, information, data, or for any consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or in connection with these Terms, including but not limited to instances where we remove or delete your content, information, or account.

  37. We expect all Users to comply with our Content and Community Guidelines while using the Platform.

J. Prohibited Conduct

  1. You agree not to disrupt, interfere with, or attempt to compromise the integrity of the Platform or its services. This includes but is not limited to:

    1. Accessing or attempting to access non-public areas of the Platform, our Services, or our technical infrastructure.
    2. Uploading, transmitting, or introducing trojans, viruses, malware, bots, or any other harmful or malicious code.
    3. Scraping, harvesting, or attempting to collect information from the Platform without authorization.
    4. Probing, scanning, or testing the vulnerability of any system, network, or security measure deployed by us.
    5. Tampering with or attempting to tamper with the technological design, architecture, or delivery mechanisms of the Platform.
    6. Any such conduct shall result in the immediate suspension or termination of your account and may be reported to appropriate law enforcement or regulatory authorities. We also reserve the right to initiate legal proceedings against you for any such unlawful acts.

k. Payments, Subscriptions, and Refunds

  1. The Platform may provide both free-to-view content and premium content accessible through subscription plans, pay-per-view charges, or other paid models to access the Platform, Content, or Services (“Fees”). In addition to such Fees, the Company reserves the right to charge Users for additional in-application purchases that may be made available on the Platform.

  2. Users agree to pay all applicable charges for availing premium features, as per the pricing displayed at the time of subscription. Payments may be processed through authorized payment gateways, including credit/debit cards, wallets, UPI, or other methods enabled on the Platform. Users agree to provide accurate and lawful payment information and authorize the Platform to process charges as per the selected plan. Subscription plans may be offered on monthly, quarterly, or annual terms. Unless cancelled prior to renewal, subscriptions may automatically renew at the prevailing rates. Users are responsible for reviewing applicable pricing and renewal terms before continuing usage. Refunds shall be granted only where required by law or in instances of proven erroneous deductions directly attributable to the Platform. Subscription cancellations will not entitle Users to pro-rata refunds for partially used periods, unless specifically stated otherwise.

  3. For any payments made under these Terms, the Company and the Users shall bear their own respective responsibilities and liabilities for all taxes payable as per applicable laws.

  4. If the Company provides access to any third party services through the Platform where payments may be required, then the relevant terms and conditions of such third party shall apply to the Users. The Company assumes no liability for any charges, transactions, or ancillary disputes that may arise from Users availing such third party services.  

  5. The User agrees to pay all applicable fees and taxes for selected paid services, in accordance with the published rates and billing cycles.

  6. Prices for paid services may vary by region due to foreign exchange rates, additional charges, or localized pricing adjustments.

  7. The User’s designated payment method may be retained and charged for recurring fees, renewal periods, or other authorized purchases. Payment methods may be updated via account settings.

  8. Payment obligations are non-cancellable, and fees paid are non-refundable except as provided under our refund policy.

  9. Subscription purchases will auto-renew, and the User authorizes us to charge the payment method at the start of each new subscription period for all applicable fees and taxes.

  10. The User may cancel or suspend subscriptions prior to the renewal date to avoid charges. Instructions for cancellation are available in the account management interface or support centre.

  11. In case of payment failure or insufficient funds, access to paid services may be suspended or terminated until payment is successfully processed.

  12. We reserve the right to update, modify, or adjust service prices prospectively, upon providing reasonable notice as required by applicable law.

  13. Continued use of paid services after the effective date of modifications constitutes acceptance of the new pricing terms.

  14. Taxes assessed on purchases are determined based on billing information provided by the User, in accordance with applicable tax regulations.

  15. Accurate and updated billing information must be maintained to ensure uninterrupted service delivery.

  16. Users authorize the service to retain and continue charging their payment method for subsequent billing cycles unless the subscription is cancelled.

  17. It is the User’s responsibility to ensure their payment information is accurate and up-to-date at all times.

L. CANCELLATION AND REFUND

  1. No refund shall be processed once an order is placed on the Platform for access to Content or/and the Platform. 

  2. Any technical delay or glitch reported on the Platform during the processing of the request which includes generating the Content or Services may be eligible for claiming refund subject to the sole discretion of the Company and such other terms that may be applicable from the payment partners. 

  3. No refund shall be processed if incorrect information has been provided by the User. The User agrees to be careful while providing any information on the Platform and must re-check the information filled by the User.

  4. The refunds, if any, shall be processed after deduction of the transaction charges levied by the bank and/or the payment gateway, and/or any other charges that may have been incurred by the Company during processing and/or delivering the order, as applicable.

  5. Once an order for any progresses to the “processing” stage no refund shall be entertained under any circumstances. The User assumes full responsibility for placing an order in haste or without due diligence, and the Platform and Company disclaim any liability for refunds once processing has commenced.

  6. No refund shall be granted in cases of technical delays or glitches encountered on the Platform due to any fault not attributable to the Company.

  7. Refunds shall not be issued if the User provides inaccurate or incorrect information. Users are responsible for verifying the accuracy of all data before submission. 

  8. If the Website or the associated payment gateway experiences technical issues such as slowdown, failure, or session timeout, Users should verify their bank transactions before initiating a second payment.

  9. The Services and Content offered on the Platform are intended solely for educational and informational purposes. They are not a substitute for professional advice, guidance, or training in any field. The Company makes no representations regarding the effectiveness or outcomes of the content. The user accesses and relies on such content at their own discretion and risk, and no refunds shall be provided on these grounds.

M. Prevention of Fraud

  1. Our compliance team will track Platform usage of all Users and strict action will be taken against any User(s) caught violating these Terms.

  2. In the event any User is found undertaking such activity on the Platform, We shall be entitled, in our sole and absolute discretion, to suspend or terminate such User’s account. We reserve the right to permanently block the account of the User involved in such activity.

  3. We reserve the right to take any necessary action, as it deems fit, against Users found indulging in unfair means or fraudulent practices. The action could include, inter alia, temporary account suspension, redemption blocking and/or permanent account deactivation. Any User involved in violation of these Terms is liable for prosecution.

N. Communication

  1. By using the Platform, including any sub-domains of the Platform, or related top-level domains including mobile sites, apps, APIs and widgets and/or registering yourself with us, you authorize us or our representatives to contact you via email or phone call or SMS including third party messaging apps to offer you our services including but not limited to impart product knowledge, offer/explain any promotional offers running on the Platform and offers offered by third parties, for which reasons, personally identifiable information may be collected. Irrespective of the fact that you have registered yourself under DND or DNC or NCPR service, you still authorize us or our representatives to contact you by any means aforementioned for the above-mentioned purposes or any other related purpose till the time you are registered with us or even after cessation of registration.

O. Intellectual Property

  1. The Platform includes a combination of Content created by Us, its partners, affiliates, licensors, associates and/or Users. The intellectual property rights (‘Intellectual Property Rights’) in all software and the Platform and material published on the Platform, including (but not limited to) software, advertisements, photographs, graphics, images, illustrations, marks, logos, audio or video clippings and flash animation, is owned by Us, its affiliates, partners, licensors and/or associates. This Content is subject to copyrights and/or other intellectual property or proprietary rights owned by Us and other individuals or entities and is protected by international intellectual property laws. Users may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or Content either in whole or in part without express written consent from Us. Nothing in these Terms shall be construed to convey and the Users by virtue of these Terms shall not acquire any ownership or other interest or right in any intellectual property any of the materials or content on the Platform.

  2. Users may request permission to use any Content by writing into helpdesk at support@zaplearn.com.

  3. Users are solely responsible for all User Generated Content that they upload, post, e-mail, transmit, or otherwise make available on the Platform. Each User represents and warrants that he/she owns all Intellectual Property Rights in the User Generated Content and that no part of the User’s Content infringes any third-party rights. Users further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights of any third party on the Platform.

  4. Users agree to indemnify and hold harmless Us, our directors, officers, employees, affiliates and assigns from and against all costs, damages, loss and/ or harm including towards litigation costs and counsel fees, in respect of any third party claims that may be initiated including for infringement of Intellectual Property Rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or Our intellectual and proprietary rights, by such User or through the User’s commissions or omissions. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you in which event you will assist and cooperate with Us in asserting any available defences.

  5. Users hereby grant Us and our affiliates, partners, licensors and associates a worldwide, irrevocable, perpetual, royalty-free, non-exclusive, sub-licensable, license to use, store, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, and/or publish Users’ Content for any of the following purposes:

    1. displaying User Generated Content on Platform;
    2. distributing User Generated Content, either electronically or via other media, to other Users seeking to download or otherwise acquire it; and/or
    3. storing User Generated Content in a remote database accessible by end Users, for a charge.
  6. This license shall apply to the distribution and the storage of Users’ Content in any form, medium, or technology.

  7. The license shall not lapse due to non-use by Us under any provision of law.

  8. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Platform belonging to any person (including User), entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to Us.

P. Testimonial Terms

  1. We may capture and obtain visual and/or audio recordings or performances, still images of the User, and text provided by the User for the testimonial being provided towards the Platform (the results of which are the Recordings). The Recordings provided by the User are voluntary and We are the sole and exclusive owner of all rights in and to the Recordings, and all elements thereof (including, without limitation, the copyright thereto). Without prejudice to the above, the User grants to Us a perpetual royalty-free license, to publicly use, distribute, reproduce, create derivative works from, and perform/display the user’s name, voice, likeness, appearance, biographical information, and other indicia of its identity as included in the Recordings and any excerpts or version thereof for their marketing, in any language, and without any geographical limitation. We may incorporate the recordings and any separate content (e.g., quotes, photos, videos, artwork, materials, etc.) to market their Platform and Services. The User also hereby waives any right to inspect or approve the finished matter based on the Recording that may be used now or in the future, whether that use is known to the user or unknown.

  2. We are not obligated to use the Recordings, and reserve the discretion to determine if we wish to use the Recordings. The User will not attempt to enjoin or otherwise impair Our use of the Recordings that is in accordance with these Terms.

Q. In app purchases and payments

  1. There may be certain services for which you are required to make payments, such as purchasing virtual currency, virtual goods, tokens, tickets and upgrades. You are responsible for all charges and activities on your Account, including any applicable taxes, as well as any purchases made by you or anyone using your Account.

  2. It is your responsibility to provide accurate and up-to-date information. You must promptly update any changes, such as billing address, payment information, or expiration date. Customers using certain payment methods may be subject to additional payment processing fees.

  3. In-app purchases are non-refundable. We maintain a strict no-refund policy for all in-app purchases.

R. ADVERTISING

  1. We reserve the right to use and disclose the collected, non-personal data for purposes of advertising by us or our partners and contractors. We may employ third parties for ad serving technologies who may use certain methods to collect information as a result of ad serving through services.

  2. We and these entities may use various identifiers to collect information about your use of the App, including but not limited to your IP address, MAC address, device identifiers, software and hardware information, time zone and usage information. This information may be used by us and others to, among other things, determine the popularity of certain content, deliver contextual advertising, and content and better understand your activity on the Apps.

  3. Third-party ad serving technologies are integrated into the App, so if you do not want to be subject to these technologies, please do not use or access the Apps.

  4. Users acknowledge and agree that the other brand ambassadors are merely endorsing the Platform, and will not be liable for any claims, damages, or disputes arising from use of the Platform and Services.

S. Third Party Sites, Services and Products

  1. The Platform may contain links to other Internet sites owned and operated by third parties. Users’ use of each of those sites is subject to the conditions, if any, posted by such third-party sites. We do not exercise control over any Internet sites apart from Us and cannot be held responsible for any content residing in any third-party Internet site. Our inclusion of third-party Content or links to third-party Internet sites is not an endorsement by Us of such third-party Internet site.

  2. Users’ correspondence, transactions/offers or related activities with third parties, including payment providers and verification service providers, are solely between the User and that third party. Users’ correspondence, transactions, and usage of the services/offers of such third party shall be subject to the terms and conditions, policies and other service terms adopted/implemented by such third party, and the User shall be solely responsible for reviewing the same prior to transacting or availing of the services/offers of such third party. User agrees that We will not be responsible or liable for any loss or damage of any sort incurred as a result of any such transactions/offers with third parties. Any questions, complaints, or claims related to any third-party product or service should be directed to the appropriate vendor.

  3. The Platform contains Content that is created by Us as well as content provided by third parties. We do not warranty the accuracy, integrity, quality of the content provided by third parties and such content may not be relied upon by the Users in utilizing the Services provided on the Platform including while engaging with any of the Content hosted on the Platform.

T. Privacy

  1. By using the Platform and providing any of your personal information to the Platform, You affirmatively consent and agree to comply with our Privacy Policy (link given above), guidelines and statements as may be applicable from time to time, which are incorporated into and forms an integral part of these Terms. If you do not agree to the terms of the Privacy Policy in its entirety or have objections to the use of your information, you may not access or otherwise use the Platform or its Services.

U. Disconnection and Technical Issues

  1. You understand and acknowledge that not being able to use the Platform due to slow internet connections, faulty hardware, technical failure due to customer’s hardware, internet connection failure, low computer configuration or for any other reason not attributable to us does not require us to issue a refund of the amount you may have paid to Us.

  2. In case of any technical failures, server crashes, breakdowns, software defects, disruption or malfunction of service at our end, as a policy, we will cancel the subscription and refund the amounts after proper verification, and no service fee will be charged and you accept that we are not responsible to you in all such cases. In no case shall We be accountable for any of the User’s disconnections from the server.

  3. We do not hold any liability to any disconnection, lag, freeze or interference in the network on the User’s computer or any other external networks.

  4. The Company assumes no responsibility for any technical issues, including errors, omissions, interruptions, deletions, defects, delays, or damages in the operation of the Platform or participation in the Scheme. The Company also accepts no liability for late, lost, incomplete, incorrect, or misdirected entries, or any issues such as loss of SMS, internet connectivity, unique codes, documents, drafts, claims, or correspondence, whether caused by error, tampering, hacking, deletion, theft, virus attacks, transmission interruptions, or hardware failure.

V. Enforceability

  1. By registering, you are considered to have accepted and understood all the Terms herein. Our failure or delay to act or exercise any right or remedy with respect to a breach of any of these Terms by you does not amount to surrendering or waiving our rights to act with respect to any prior, concurrent, subsequent, or similar breaches.

  2. If any judicial or quasi-judicial body declares any of the provisions of these Terms to be unlawful, invalid, void, or unenforceable for any reason, the validity and enforceability of the remaining provisions will not be affected. Any such inappropriate term or condition will be replaced with another term or condition that is valid and enforceable and most closely reflects the intent and effect of the original invalid term. In such an event, the parties shall be obligated to construe and interpret the void, illegal or unenforceable provision with a valid, legal, and enforceable provision in such manner that corresponds as closely as possible to Our intent and objective in the void, illegal or unenforceable provisions.

W. DISCLAIMERS,WARRANTIES AND LIMITATIONS OF LIABILITY

  1. THE PLATFORM AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED AVAILABILITY, ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT, NON-INFRINGEMENT, RELIABILITY, SECURITY, COMPATIBILITY, OR THAT THE SERVICES WILL BE ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  2. THE COMPANY DOES NOT WARRANT THAT:

    1. Content will meet every User’s expectations.
    2. The Platform will be free from errors, interruptions, viruses, or security vulnerabilities.
    3. Content displayed is accurate, factual, or suitable for all audiences.
    4. To the maximum extent permitted under law, the Platform shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of data, revenue, goodwill, or emotional distress, arising out of the use of the Platform.
  3. Without limiting the foregoing, the Company assumes no liability or responsibility for:

    1. errors, mistakes, or inaccuracies of Content;
    2. personal injury or property damage resulting from the user’s access to or use of the Services;
    3. any unauthorized access to or use of the Company’s servers and/or any personal or financial information stored therein;
    4. any interruption, suspension, or cessation of transmission to or from the Services
    5. any bugs, viruses, trojan horses, malware, or the like transmitted to or through the Services by any third party;
    6. any errors or omissions in any Content or for any loss or damage incurred as a result of the use of any Content made available via the Services
  4. The Company through the Platform does not provide any investment advisory services and is not registered as an investment advisor under any applicable laws or regulatory frameworks. Any financial, business, or investment-related content made available through the Service is intended solely for general informational and educational purposes and should not be construed as professional financial advice. Users are solely responsible for their financial decisions, and the Company expressly disclaims any liability arising from the interpretation or use of such content.

  5. You agree that use of the Services and the access to the Platform is at Your own risk.

  6. No person affiliated or claiming affiliation with the Platform has authority to extend such warranties.

  7. Without limiting the generality of the foregoing, to the maximum extent permitted by applicable law, we shall have no liability for any damages or injury caused, in whole or in part, by contingencies or issues beyond our reasonable control, including, but not limited to: the acts of third parties, errors in the Content or the Platform, network failures, internet failures, software and hardware failures, viruses and other system attacks, labour stoppages, riots, acts of government or god, change in law, natural disasters, acts of terrorism, communication line failure, or theft, destruction of, unauthorized access to, alteration of or use of records, and shall not be liable to compensate the User in these circumstances.

  8. To the maximum extent permitted by applicable law, you hereby agree that you shall have no remedy in respect of any statement, representation, assurance, or warranty (whether made innocently or negligently) that is not set out in these Terms. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

  9. The foregoing limitations shall apply regardless of whether (i) liability or damage is alleged for breach of contract, tortious behaviour, negligence, or under any other theory or cause of action, and/or (ii) the party against which liability or damages is sought was advised of the possibility thereof. For the avoidance of doubt, nothing in these Terms shall limit or exclude liability for (i) death or personal injury caused by negligence; or (ii) fraud.

  10. To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to these Terms, the Platform, or any part thereof, must be asserted within one (1) year after such claim or cause of action arose, or it shall be forever barred.

  11. You agree and acknowledge that We do not promise or ensure that you will be able to access your Account whenever you want. It is entirely possible that you may not be able to access your Account, or the Platform provided by Us at times or for extended periods of time due to, but not limited to system maintenance and updates.

  12. We make no guarantees, warranties, representations, or other promises relating to the Platform or Content hosted therein.

  13. You will be solely responsible for any delay and/or damage to your computer systems or loss of data that results from the installation of any software on your computer, and we expressly disclaim liability for any such failure and/or delay.

  14. You agree to assume the entire risk as to the results and performance of any software and/or Services(s) availed by you on the Platform. As such, the result and performance among other things depends on your internet connection and hardware. You also assume the entire cost of all servicing, repair and/or correction of your hardware when you access, download, or execute software or Content available on the Platform. We explicitly disclaim liability for any delay or failure to perform resulting from installation of any software on your computer.

  15. You specifically acknowledge, agree and accept that we are not liable to you for: (i) any defamatory, offensive or illegal conduct of any other User or for anything that turns out to be misleading, inaccurate, defamatory, threatening, obscene or otherwise illegal whether originating from another User or otherwise; (ii) any loss whatsoever arising from the use, abuse or misuse of your Account on our Platform; (iii) any loss incurred in transmitting information from you to our Platform by the Internet or by other connecting media; (iv) any technical failures, system breakdowns, defects, delays, interruptions, manipulated or improper data transmission, loss or corruption of data or communications’ lines failure, distributed denial of service attacks, viruses or any other adverse technological occurrences arising in connection with your access to or use of our Platform; (v) the accuracy, completeness or currency of any information services provided or any statistics shown on the Platform.

  16. Some of the Content available on the Service is not owned by the Company and may be provided by third-party content partners. The Company merely acts as a platform to provide access to the Content in the form and manner authorized by such third parties. The Company does not claim any ownership rights in, nor undertake any liability for, such Content.

  17. The user understands that, when using the Service, they may be exposed to Content from a variety of sources, and the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.

  18. The user further understands and acknowledges that they may be exposed to Content that is inaccurate, offensive, indecent, or otherwise objectionable. The user agrees to waive, and hereby does waive, any legal or equitable rights or remedies they may have against the Company with respect to such Content.

  19. The Company and its licensors reserve all rights not expressly granted in and to the Service and the Content.

  20. The Platform is not responsible for:

    1. Third-party advertisements, links, or integrations displayed on the Platform.
    2. User-generated content uploaded, shared, or distributed by other Users.
    3. Interruptions or failures caused by third-party service providers, internet connectivity, or device malfunctions.

X. Indemnification and Limitation of Liability

  1. You clearly understand and agree that We shall under no circumstances (including, without limitation, in contract, negligence or other tort), be liable for any direct, indirect, ancillary, special, incidental, consequential, or exemplary or punitive damages. This includes, but is not limited to injury, claim, loss of data, loss of income, loss of profit or loss of opportunity, loss of or damage to property, damages for monetary loss, goodwill, use, data or other intangible loss (even if We have been advised of the possibility of such damages), resulting from or arising out of the use of or the inability to use the Platform, even if we have been advised or become aware of the possibility of such damages or loss or that such loss was foreseeable.

  2. You agree to indemnify us and each of our respective general and limited partners, Users, shareholders, directors, officers, employees, agents, representatives, vendors and business partners harmless from and against any and all claims, liabilities, obligations, losses, costs or debt, damages and expenses (including attorneys’ fees and court costs) arising out of or relating to:

    1. breach of these Terms, in tort (including negligence) third party claims or liabilities arising against Us out of such a breach, based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms;
    2. your use of the Platform in any matter that is contrary to applicable laws, with an intent to deceive, defraud cheat, mislead, or solicit any business, monetary or non-monetary consideration or information from another User;
    3. your breach of any applicable laws or governmental or judicial order which applies to your use of the Platform from a specific geography;
    4. your use of the Platform, including but not limited to your posting, use of, modification or interaction with any content on the Platform;
    5. any unauthorized, improper, illegal, or wrongful use of your Account by any person, including a third party, whether or not authorized or permitted by you;
    6. User Generated Content;
    7. use by any other person accessing the Platform using your username or password, whether or not with your authorization;
    8. the use by us of information provided by you through our Platform.
  3. This indemnification obligation will survive the expiry or termination of these Terms and your use of the Platform.

  4. There could be instances where We are not able to receive prompt updates about the change in applicable laws of your place of stay. It is your obligation to ensure that any activities you engage on the Platform are legal as per the applicable laws. You agree to indemnify and hold harmless, We or the Platform, from any claim, demand, damage, or loss whatsoever coming out due to your non-compliance with the laws of your jurisdiction.

Y. Termination

  1. We may change, suspend, or discontinue any aspect of the Platform at any time, including the availability of any Platform’s feature, database, or Content. We may also impose limits on certain features and services or restrict your access to parts or the Platform, without notice or liability at any time in our exclusive discretion, without prejudice to any legal or equitable remedies available to us, for any reason or purpose.

  2. Upon any termination of these Terms, you shall immediately discontinue your use and access to the Platform and destroy all materials obtained from it. You hereby agree and consent to the above and agree and acknowledge that we can, at our sole discretion, exercise our right in relation to any or all of the above, and that we shall not be liable in any manner of the same; and you agree, acknowledge and consent to the same.

  3. You acknowledge that your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, intellectual property rights, governing law and jurisdiction, confidentiality shall survive the efflux of time and the termination of these Terms.

Z. Publicity

  1. The acceptance of these Terms constitutes permission for Company and its affiliates to use the User’s name, likeness, image, voice, photo, audio-visual, videos, recordings, audio tapes, digital images and the like for advertising and promotional purposes in any media worldwide for purposes of advertising and trade without any further permissions or consents and/or additional compensation whatsoever. User further undertake that they will be available for promotional purposes as planned and desired by the Company without any charge. Promotional activities may include but not be limited to press events, internal meetings, social media, and ceremonies/functions.

AA. Dispute Resolution

  1. In case you have any grievances with respect to the Platform or the Services, you can send an email to the Grievance Officer Mr. Sumit Yadav (hereinafter referred to as the Grievance Officer) at grievances@zaplearn.com. Further, you can write to the Nodal Officer Mr. Daksh Tyagi (hereinafter referred to as the Nodal Officer) at nodal@zaplearn.com. We reserve the right to replace the Grievance Officer and Nodal Officer at any time without any notice or intimation to you. You can directly escalate any disputes to our management team by contacting the Grievance or Nodal Officer.

  2. In the event of any legal dispute (which may be a legal issue or question) which may arise, the party raising the dispute shall provide a written notification (Notification) to the other party. On receipt of Notification, the parties shall first try to resolve the dispute through discussions. In the event that the parties are unable to resolve the dispute within fifteen (15) days of receipt of Notification, the dispute shall be settled by arbitration.

  3. Subject to the clauses below, the courts of competent jurisdiction at New Delhi, India shall have exclusive jurisdiction to determine any and all disputes arising out of, or in connection with the Platform/Services provided by Company (including the construction, validity, interpretation and enforceability of these Terms, or the rights and obligations of the Users), as well as the exclusive jurisdiction to grant interim or preliminary relief in case of any dispute referred to arbitration as given below. All such issues and questions shall be governed and construed in accordance with the laws of India.

  4. The seat and venue of arbitration shall be New Delhi, India. All arbitration proceedings shall be conducted in English and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time. The parties shall mutually appoint a sole arbitrator. The arbitration award will be final and binding on the parties, and each party will bear its own costs of arbitration and equally share the fees of the arbitrator unless the arbitral tribunal decides otherwise. The arbitrator shall be entitled to pass interim orders and awards, including the orders for specific performance and such orders would be enforceable in competent courts of Gurgaon. The arbitrator shall give a reasoned award.

  5. Nothing contained in these Terms shall prevent Company from seeking and obtaining interim or permanent equitable or injunctive relief, or any other relief available to safeguard its interest prior to, during or following the filing of arbitration proceedings or pending the execution of a decision or award in connection with any arbitration proceedings from any courts of competent jurisdiction at New Delhi. India to grant the same. The pursuit of equitable or injunctive relief shall not constitute a waiver on the part of Company to pursue any remedy for monetary damages through the arbitration described herein.

  6. Caution: Any attempt to deliberately damage the Company's Platform or the information on the Platform, to cause malicious damage or interference with the normal functioning of the Platform, or to otherwise undermine the legitimate operation of the Platform may be a violation of criminal and civil laws and should such an attempt be made, whether successful or not, the Company reserves the right to seek damages to the fullest extent permitted by law. If the Company suffers loss or incurs any costs in connection with any breach of these Terms or any other legal obligation by a User, the User agrees to indemnify the Company for those losses, damages, and costs.