Terms of Use
Date: [22-06-2024]
These Terms and Conditions of Use govern the “User's(s)” (as defined
below) access or availing of the Services (as defined below) being offered by Zeneai
career institute (‘We’, ‘Us’, ‘Our’, ‘Zeneai’, or ‘the Company’),
through its Platform (as defined below).
Zeneai career institute provides courses for the preparation of JEE
(Main+Advanced), NEET-UG, NURSING,CUET, BOARDS and covering classes from IX to
XII & XII Passed students.
These Terms and Conditions of Use (hereinafter ‘Terms of Use’)
pertains to the services made available over and across the various sources
and/or channels – digital/physical/otherwise – through which the User consumes
the services. These sources, channels, transactions through them, and
infrastructure facilitating them, will hereinafter be collectively referred to
as ‘Platform’ which shall mediate the consumption of the
services and value creation for the User. For these Terms of Use, wherever the
context so requires, ‘User’ shall mean any natural or legal
person who browses the Platform or has agreed to become a subscriber to the
services on the Platform, by providing login credentials while registering on
our website as a Subscribed User (defined in Clause 2.3) using any device(s)
that support access to the Platform services.
We reserve the right to amend the Terms of Use (at any time without prior
notice), which shall be updated on this page, regularly, so that you are always
aware of the latest developments in the Platform. The date at the top of this
page indicates when these Terms of Use were last updated. In case of any
changes or updates, we shall endeavour to notify the User of such changes at
the earliest, and notify about all material changes. By clicking ‘I Agree’
or ‘I Accept’, or using the Platform or availing Services, you agree to
be bound by these changes
These Terms of Use applies solely to Our Platform. We state that these Terms of
Use is not applicable to other such similar or related Platform and the terms
of use of other platforms and websites may vary, accordingly we are not
responsible for the terms of use of other such platforms.
1. Acceptance of Terms
1. These Terms of Use set forth a legally binding contract between Us, and the User and by clicking ‘I Agree’ or ‘I Accept’, or using the Platform, you agree to the Terms of Use stated herein. The Terms of Use equally apply even if you only visit or review any of the service offerings made available by Us and you are bound by these Terms of Use. If you do not agree to These Terms of Use, please do not continue to access and use our Platform henceforth. In consideration of your use of the Platform, you agree:
1. To provide true, accurate, current, and complete information about yourself complying with Clause 2 of These Terms of Use and as prompted in order to generate the login credentials.
2. To maintain and promptly update your login credentials to keep it true, accurate, current, and complete.
3. And acknowledge that the Company is not responsible to ensure that you conform to the eligibility criteria.
4. To seek the consent of your parents/legal guardians, in case if you are a minor, before providing any information about yourself or your parents and other family members, on the Platform.
5. That We reserve the right to change and update the content in the Platform to represent the latest evidence and practices, with the changing times, needs and requirements. We reserve the right to constantly review, update and replace the content and features of all the Study Materials, including but not limited to QBanks, Test Series, Videos and Notes. We do not guarantee that any content or features, of the previous version, would be made available on the Platform in the new version.
6. That We reserve all right to engage a different faculty or tutor or change the current faculty or tutor at any given point of time without any prior notification to the User.
2. User may access the Platform and subscribe to the services only for personal use. The Platform as a whole, is owned exclusively by the Company. User acknowledges that We are providing the User with a revocable, limited, non-exclusive, non-commercial, and non-transferable license to use the Platform. User will upon logging into the Platform as a regular user be able to view Our limited free content as a demo of the offerings. User will get access once enrolled as a ‘Subscriber’ / ‘Subscribed User’. User is advised to review this free content before taking the decision to proceed to subscribe to the services as a ‘Subscribed User’ (as defined in Clause 2.3).
3. By registering the e-mail address and/or phone number with Us, the User consents to be contacted by Us via phone calls, SMS notifications, e-mails and/or any other means that help us reach the User, in case of any subscription or service updates, subject to the terms of the Privacy Policy.
4. Users are entirely responsible for maintaining the security and confidentiality of their account as well as the login credentials to the account once the User becomes a ‘Subscribed User’.
5. Due to the global nature of the Internet, User agrees to comply with all applicable local laws, state specific laws, and regulation regarding use of the Platform. User also agrees to comply with all applicable laws regarding the transmission of technical data and information exported from India or the country in which the User resides.
2. Eligibility
1. Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for Platform and be a Registered User (defined hereunder). As a minor, if User wishes to use Our Services, such use shall be made available to User by User’s legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that the minor has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents.
2. In addition, to enroll in Zeneai Users are to be students who are preparing for JEE (Main+Advanced), JEE-Main, Nursing, CUET & Boards and/or Students who are in classes from IX to XII & XII Passed.
3. Third Parties
1. We may use/integrate another third party’s platform on Our Platform. We may also use third party platforms to provide services to ourselves. In such event, User will be bound by such third party’s terms and conditions, privacy policy, and any other applicable policies.
2. The Platform may contain links to other apps or web pages owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Company shall not be responsible in any manner for the contents of these third-party websites and if you should choose to use the link to view the third-party websites, you choose to do so at your own risk. Company does not endorse the contents nor in any manner represent the accuracy or correctness of information on such third-party websites.
3. We shall not be responsible for any claims that may arise as a direct or indirect consequence of any third-party placing reliance and acting upon the information obtained as part of the Services or User(s)’s advice to a third-party basis the Study Material or tutorial videos or any other Services.
4. The tutorials are for personal training and for knowledge enhancement purposes only. We do not accept any responsibility to any party for the use of the Services provided and/or the contents of the Study materials for any purpose other than training for educational purposes, including but not limited to the giving of advice by the User to any third party.
4. Payment Terms
1. The Fee including GST and any delivery charges payable in relation to delivery of Services, as applicable, will be shown prior to completion of the payment transaction.
2. In the unlikely event that, due to a technical error, the amount of the Fee displayed on the Platform is incorrect, Company will notify User as soon as it reasonably can. If the correct amount of the Fee is higher than the amount displayed on the Platform, Zeneai will contact User through your registered e-mail address and/or phone number to notify regarding the correct Fee. To avail all Services for the duration of Subscription, User may be required to remit any additional fees such that the correct Fee is paid by the User.
5. Disclaimer
1. We shall not be liable for any interference, virus, hacking, or any such consequence, caused by any network or internet service providers and failure of device manufacturers to support DRM protocols.
2. User acknowledges and agrees that the suggestions and recommendation provided by Us on the Platform, are only suggestions, and he/she may comply with them at his/her choice and option.
3. without limiting the foregoing, the Company does not warrant that the content made available on the Website, your access to the Website, or your ability to upload, modify, update, transmit and/or receive the information from or through the Website will not experience outages or otherwise be uninterrupted, timely, secure or error-free.
4. You expressly release Company and where applicable its trustees, officers, employees, authorized representatives and agents and representatives from any cost, damage, liability or other consequence of any use of the Platform by You.
5. We will not be held responsible for any delay or failure to comply with its obligations under these Terms if the delay or failure arises from any causes which is beyond Our reasonable control.
6. In no event shall Company be liable to the User and any third party, for any loss of profits (anticipated or real), loss of reputation, loss of data, or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.
7. The Platform and Services are intended to be used within the jurisdiction of India only. Those who access or use the Platform from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to You, nevertheless, all other provisions of these Terms remain in full force and effect.
6. Data protection
1. We will process the information that We receive from User or otherwise hold about the said User in accordance with these Terms of Use and the Privacy Policy. The User consents to the use by Us of such information in accordance with these Terms of Use and ZENEAI Privacy Policy.
2. We are not responsible to the User for any data that he/she loses either (a) as a result of accessing the tutorial, or (b) as a result of accessing Study Materials, or (c) otherwise during the course of subscription. It is your responsibility to ensure that you regularly save and back up (i) all data which the User hold on the device from which user is are accessing the Services and (ii) all data that the User is inputting when completing a study module being offered.
7. User Generated Content
1. User agrees that he/she shall not use the services or the Platform in order to host, display, upload, modify, publish, transmit, update, distribute, share, store material that:
1. is in violation of any applicable law or regulation;
2. infringes any patent, copyright, trademark, trade secret or other intellectual property or proprietary rights of others or violate the privacy, publicity or other personal rights of others;
3. that belongs to another person and to which the user does not have any right;
4. is obscene, pornographic, paedophilic, invasive of another’s privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
5. that is harmful to child;
6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information which is patently false and untrue or misleading in nature;
7. that impersonates another person or entity;
8. Preservation/Disclosure
1. You acknowledge, consent, and agree that ZENEAI may access, preserve, and disclose User account information if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
1. comply with legal process nationally or internationally;
2. enforce this Terms of Use;
3. respond to claims that any content violates the rights of third-parties;
4.
protect the rights, property, or personal safety of ZENEAI its
subscribers and the public;
or
5. pursuant to the terms of the Privacy Policy, reach the User for marketing or promotional purposes through any channel.
9. Terms and Termination
1. This Agreement shall remain in full force and effect for so long as You, the User, use the Platform. You may terminate your subscription at any time, for any reason, by contacting the Support channels. We, however, do not offer any refunds because of Your termination or discontinuation of the Services. Any termination or Subscription modifications initiated by You is subject to the Company Policy.
2. We reserve the right to terminate, modify, edit, delete, suspend, or discontinue, temporarily or permanently, the Service or Platform (or any portion thereof) with or without notice, including for the reasons set out under these Terms of Use. You agree that we will not be liable to You or to any third party for any such termination, modification, editing, deletion, suspension, or discontinuance. Without prejudice to the foregoing, Your account or Your access to the Platform maybe terminated immediately, with or without notice to You, and without liability to You, if We believe that You have breached any of covenants, conditions, restrictions or limitations contained in these Terms of Use or the Privacy Policy, or any false or misleading information, or interfered with use of the Platform by others.
10. Indemnity
1. The User agrees to defend, indemnify and hold Us harmless, Our subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising from:
1. Use of and access to the Platform;
2. Third-party claims who rely on User representations to them based on the information made available through Our services;
3. Violation of any conditions in the Terms of Use and the Privacy Policy; or
4. Violation of any third party right, including without limitation any copyright, property, or privacy right.
1. For any disputes you may want to report, please contact our CEO [Rajan Sahni], We shall allot you a ticket number through which you can track the status of your complaint.