TERMS AND CONDITIONS FOR USE

LASTEST REVISION:21.01.19

  1. Please read the terms and conditions for using the site www.ZinEdu.com and any of the services provided by the company. If you are using the website/services (including for surfing, downloading and posting purposes)offered by the company, you agree to be bound by all the terms and conditions whether or not you have registered with the site/its application/or for any services offered by the site.
  • The domain name ZinEdu.com (hereinafter referred to as “Website”) is owned or authorized to use by ZinEdu Consulting Services Private Limited, a company incorporated under the Companies Act, 1956 with its registered office at CL S -01, KW Commercial KW Shristi, Raj Nagar Extension, Ghaziabad-201017 India (hereinafter referred to as “ZinEdu”).
  • Wherever the context so requires “You” or “User” shall mean any natural or legal person including ZTP/ZLP/ZPP/ZFP/student/Parent, any natural person etc who has agreed to accessing or using the Website, Services or Application or by downloading or posting any content from or on the Website access or use any information on the Website as ZinEdu allows the User to surf the Website or taking services on the Website. The term “We”, “Us”, “Our” shall mean ZinEdu.
  • Thus the mere usage of site/applications/services/interactions (digital or otherwise)/ZinEdu’s Content[defined in Clause 2] makes the user and ZinEdu bound with this agreement.If however, you do not agree with the terms, you should not use usage of website/applications/services/interactions (digital or otherwise)/ZinEdu’s Content or request/inform about your disagreement/new terms on email and use site/applications/services/interactions (digital or otherwise)/ZinEdu’s Content only after written approval. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
  • Further, this terms and conditions constitute a binding legal agreement between you and us
  • This Agreement includes, and incorporates by this reference, the policies and guidelines. ZinEdu reserves the right to change or revise the terms and conditions of this Agreement. ZinEdu will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. ZinEdu encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with ZinEdu for other products or services.
  • The specific areas of the site may have different terms and conditions of usage and service. In case there is a conflict between the specific terms of service, the latter will take precedence while you use/access the specific areas of site.
  • ZinEdu desires and aims to comply with EU General Data Protection Regulations (GDPR) in the best possible way. We will adhere to the prescribed guidelines while Consent, Breach Notification Right to Access, Right to be Forgotten, Data Portability etc
  • If you would like to print this Agreement, please click the print button on your browser toolbar.
  1. Definition
  1. ZinEdu Field Partner (ZFP)-It is channel partner which may or may not be on ZinEdu Payroll in the individual/group capacity is entitled to play the bridge between us and ZPPs.
  2. ZinEdu Promoting Partner (ZPP)-An individual/retail shop owner/proprietor/LLP/Pvt Limited/Public Limited or any third party organization who is registered with us and reserves an exclusive right for a well defined geographical territory for selling certain products/discount products. ZPP is an independent identity and ZinEdu is not liable for any legal issue/default done at ZPP end unless it has been conveyed to ZinEdu in written form.
  3. ZinEdu Learning Partner (ZLP)- It refers to student (through its guardian and parent ), parent, guardian who makes a purchase of class having limited liabilities which includes refund of fees of only first class paid to ZinEdu.  It is the responsibility of ZLP to register himself through a valid mobile number and provide a valid email id.
  4. ZinEdu Counselling Partner (ZCP)-: An individual or third party organisation which is registered and designated the work of communicating with ZLP and ZTP on behalf of us.
  5. ZinEdu Teaching Partner:- (ZTP)- An individual whether professional or non professional who is in the individual capacity wants to teach within the framework laid by us .However ZTP is bond to use only Original software for providing their services.
  1. Viewing and Purchase Methodology

3.1 Viewing

The website,offers, application, promotion, content, catalogue, can be viewed by any individual,visitor,partners,promoters with or without registering with ZinEdu barring a few  cases where it may be necessary to enroll, register or meet a specific criteria to view or avail an information or offering.

 3.2 Product Disclaimer

The ZinEdu products available for sale may be /may not be are mentioned in the catalogue for marketing strategy purposes. Product may be introduced/amended/withdrawn anytime on the sole discretion of company without prior information. There can be some supplementary products with sole purpose of a product being to provide discount into a different product called discount products. However, the information about genuinely of the product(s) can be gathered from ZinEdu customer care only after genuinity of prospect is verified.

3.3  Modes of Interaction

For making any purchase, ZinEdu provides following modes of interaction.

  1. Guest Log IN, Member Log in, third party log in from google, facebook , links etc . Anyone can reach us on whatsapp, mobile number mentioned on the site or through emails etc.
  • Payment of products
  1. All the digital payments have to be made directly to ZinEdu through website/link invoicing, QR Code, e-wallets or any other methods as recommended by ZinEdu.
  2. In some cases the payment can also be done in cash to our registered ZinEdu Promoting Partner. All the payments have to be strictly done as per the methods prescribed. If the customer wants to make payment in cash to ZPP, the payment can be made only after receiving a call from ZCP and making payment through prescribed mechanism. It is strictly informed not to make a payment greater than 3000 to ZPP in a single payment. Only after you receive payment confirmation on your registered mobile number/email id or the receipt from company email id, should the customer make next purchase. There is no such restriction on making a digital payment. OTP will be sent to the ZPP which should be confirmed by ZLP before making any payment.

Discussion with ZCP No payment for product can/should be made without talking to    ZCP. This is not mandatory for discount products

  • Invoice/Receipt: The Invoice/Receipt will be sent to you on your registered emailed or confirmation of payment would be sent on the mobile number in case no email id.
  • Cancellation and Refunds
  • Enrolment: – After the payment has been made, it is considered that ZLP has been enrolled provisionally. ZinEdu reserves the right to cancel any enrolment without citing any reason. In case of cancellation of enrolment, the payment would be refunded preferably through the channel opted for payment after deducting the fees deducted by bank/payment compliance/third parties including software during payment and refund process.However if cancellation is done due to fraudent activity thn no refund will be applicable.
  • Product that requires Services as Live Online Classes.-If a student enrolls in a course for which teaching partner’s time has to be booked, refunds request can only be initiated within 24 hours of completion of the first class associated with a particular payment. Customer’s are advised to enquire about the refund rules with counseling partner in the call before making any payment.
  • In case of any physical/digital products not requiring any live human presence, refund request can be made within one week (7days) of making the payment.
  • In case of any product bought from ZPP, it is sole discretion of ZPP to refund the amount.
  • No refund request can be initiated after expiry date of the product.
  • Raising a request does not mean that refund would be initiated and processed. Every refund rules would be scrutinized on a case to case basis and refund would be awarded accordingly.
  • No refund request would be entertained if there is a technical glitch/ absents at student’s end.

3.7 Payment of Taxes. It is assumed that customer is aware of the liable taxes under the law of the land where the product is availed and customer agrees to pay all the taxes apart from the fees/charges for a particular product.              

4). Promotions

  1. a) ZinEdu’s Promotion ZinEdu reserves the right to inform you about the relevant products. ZinEdu reserves the right to make you aware about the promotional/referral offers currently running. ZinEdu allows promoting it online on social platform but in good light in line with branding outline of the company.
  2. b) Customer Solicitation:Unless you notify our third party call center representatives or direct ZinEdu sales representatives, while they are calling you, of your desire to opt out from further direct company communications and solicitations, you are agreeing to continue to receive further emails or information via other channels like calls from ZinEdu and its designated in house or third party call team(s). 

Other Opt Out Procedures: 

  1. You may use the opt out link found in any email solicitation that you may receive.
  2. You may also choose to opt out, via sending your email address to: [opt-out email].

Proprietary Rights. ZinEdu has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product or services provided and/or distributed by ZinEdu . ZinEdu also has rights to all trademarks and trade address and specific layouts of this webpage, including calls to action, text placement, images and other information.

Taxes. If you buy any Services, you will be responsible for paying any applicable taxes as applicable by Central & Statement Government or any prescribed authorities.

5)Liability

5.1 Misconduct

If any person related to ZinEdu has acted or behaved inappropriately as per Indian laws, we would advise you to report to appropriate authorities followed by giving immediate information to ZinEdu.

However your reporting does not obligate us for taking particular action beyond what is demanded by law. You agree not to attempt to impose liability or seek any legal remedy etc from ZinEdu

5.2Hyperlinks

The website, application and services may contain links to third-party websites or resources. You acknowledge and agree that ZinEdu is not responsible or liable for: (i) the availability or accuracy of such websites or resources: or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by ZinEdu of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

5.3Compliance

User is solely responsible for all compliances related to laws, administrative and court orders, rules and tax obligations etc of all kinds that may arise due to use of site, content, product or services.

It is user/customers responsibility to ensure that the payment is being made to ZinEdu. In case of making wrong payment/or making payment to person/site/link impersonating to be representing us,.

5.4 Payments

ZinEdu is not responsible for any losses/damages etc incurred thereof.  Also, ZinEdu will not provide any product/services in such cases.

5.5 Quality Control

ZinEdu is a partner based system that aims to bring education within reach at very low prices. We work on good will principle and ensure quality control through motivation instead of monetary ways (neither charging nor paying). Hence ZinEdu informs and requests user to avail services and products only in situations where risks are low at their own risk/discretion after trying free sample if available/enquiring from counsellor.

5.6 Limitation of Liability

Zinedu entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to the website content , service and products and/or for any breach of this agreement is solely limited to the amount you paid, less shipping and handling, for products purchased via the website.

Zinedu will not be liable for any direct, indirect, incidental, special or consequential damages in connection with this agreement or the products in any manner, including liabilities resulting from (1) the use or the inability to use the website content or service or products; (2) the cost of procuring substitute products or content or services; (3) any products or services purchased or obtained or transactions entered into through the website; or (4) any lost profits you allege.

In any case whatsoever or in any form ZinEdu does not own any liability and at max can refund/pay the amount of last class not exceeding 5000/- in any case.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages so some of the above limitations may not apply to you.

  1. Indemnification

You will release, indemnify, defend and hold harmless ZinEdu, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or other proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to ZinEdu. When ZinEdu is threatened with suit or sued by a third party, ZinEdu may seek written assurances from you concerning your promise to indemnify ZinEdu; your failure to provide such assurances may be considered by ZinEdu to be a material breach of this Agreement.ZinEdu will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of ZinEdu choice at its expense. ZinEdu will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend ZinEdu against any claim, but you must receive ZinEdu’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products or Services.

  1. Website

In addition to making Services available, this Website also offers information and marketing materials both directly and through indirect links to third-party websites, about Education. ZinEdu does not always create the information offered on this Website; instead the information is often gathered from other sources. To the extent that ZinEdu does create the content on this Website, such content is protected by intellectual property laws of the India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. ZinEdu does not endorse the contents on any such third-party websites. ZinEdu  is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk. 

7.1 Use of Website

ZinEdu is not responsible for any damages resulting from use of this website by anyone. You will not use the Website for illegal purposes. You will

(1) abide by all applicable local, state, national, and international laws and regulations in

your use of the Website (including laws regarding intellectual property),

(2) not interfere with or disrupt the use and enjoyment of the Website by other users,

(3) not resell any material or services on the Website,

(4) not engage, directly or indirectly, in transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and

(5) not defame, harass, abuse, or disrupt other users of the Website

(6) will not transfer your association, authority to interact, agreement or account to others.

7.2 License.

Throught this agreement, ZinEdu grants you the license of usage of to use install and use website, application on your personal phone, tablet, laptop, computer for personal purposes only. No intellectual property right license has been granted. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from ZinEdu or the applicable third party (if third party content is at issue).

User is allowed to create, post, participate and generate only original ,feedback digital data or content, hence the content is owned by the user (may or may not possess it) who is completely liable if the content doesnot belong to the user and is liable for all the damages arising from the same. You hereby grant to ZinEdu a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, by means of or to promote or market the Site, Application and Services. ZinEdu does not claim any ownership rights in any such content . These contents can be used by ZinEdu for running promotional campaigns

7.3 Posting.

By posting, storing, or transmitting any content on the Website, you hereby grant ZinEdu a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. ZinEdu does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. ZinEdu is not liable for any damage or harm resulting from any posts by or interactions between users. ZinEdu reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content ZinEdu  deems objectionable, through sole discretion. 

7.4 Conduct

User will not use any devices, manual or automated software etc that will crawl, scrape etc this site or content.

User will not accese any content not available in public domain or anything violating privacy rights.

User will not post anything on this site or anywhere else anything that dilutes, tarnishes the name of ZinEdu. No negative review can be posted in anywhere without making a written complain to ZinEdu and giving 30 days time to rectify it. If user lands ina position to post negative review, it has to be removed/udated with satisfied word once the complain is resolved.

User will not infringe on any rights including intellectual property rights of ZnEdu, third party and other users.

User will not be involved in spamming, stalking or contacting anyone on behalf of ZinEdu. This can attract legal actions.

 User will not attract, motivate, solicit, instigate any one associated with ZinEdu to join others who are competitors of ZinEdu.

User will not involve in any abusive behavior.

User will not retrieve any data from ZinEdu system, will not test the vulnerability, or breach any security or authentication processes, will not forge any TCP/IP packet that tend to send false source identifying information.

  1. Disclaimer of Warranties

Your use of this website and/or services and/or products are at your sole risk. The website and services are offered on an “as is” and “as available” basis. ZinEdu expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to the products or website content, or any reliance upon or use of the website content or services or products. (“products” or “service include trial products or services.)Without limiting the generality of the foregoing, ZinEdu  makes no warranty:That the information provided on this website is accurate, reliable, complete, or timely.That the links to third-party websites are to information that is accurate, reliable, complete, or timely.No advice or information, whether oral or written, obtained by you from this website will create any warranty not expressly stated herein. 

  1. Agreement to be bound

By using this Website or ordering Products, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website. 

  1. General

10.1 Force Majeure.

ZinEdu will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.

10.2 Cessation of Operation.

ZinEdu may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.

10.3 Entire Agreement.

This Agreement comprises the entire agreement between you and ZinEdu and supersedes any prior agreements pertaining to the subject matter contained herein.

10.4 Eligibility

Use of this website, Application, Product and Services is available only to persons who can form legally binding contracts under Indian laws. The website, Application, Product and Services are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or guardian can open an account and help you enrol in courses that are appropriate for you. The use of the website, Application and Services is also not available to persons whose membership has been suspended or terminated by ZinEdu for any reason whatsoever. Any access to or use of the website, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.

10.5 Effect of Waiver.

The failure of ZinEdu to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

10.6 Governing Law ( Jurisdiction).

 This Website originates from the [Delhi]. This Agreement will be governed by the laws of the State of [Delhi} without regard to its conflict of law principles to the contrary. Neither you nor ZinEdu will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of Delhi. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents. The disputes can be referred and resolved through Arbitration. All the notices have to be sent through email and the date of receipt by email would be considered the date of issue of notice.

10.7 Statute of Limitation.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

10.8 Waiver of Class Action Rights.

By entering into this agreement, you hereby irrevocably waive any right you may have to join claims with those of other in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connection with this agreement must be asserted individually.

10.9 Termination.

ZinEdu reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and ZinEdu may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, ZinEdu reserves the right to exercise whatever means it deems necessary to prevent unauthorized access of the Website. This Agreement will survive indefinitely unless and until ZinEdu chooses, in its sole discretion and without advance to you, to terminate it.

10.10 Domestic Use.

Although ZinEdu tries to follows international norms but makes no representation that the Website or Products are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.

10.11 Assignment.

You may not assign your rights and obligations under this Agreement to anyone. ZinEdu  may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.

11.Boundation of this Agreement

By using this website (viewing) or by making a purchase directly/indirectly through this website of products/services offered by ZinEdu , you agree to be bound by all the terms and conditions of the agreement.

  1. Suspension , Termination and other Penalties.

In case of breach of this agreement or any situation that seems to ZinEdu a fit reason , ZinEdu can suspend, or terminate association at once. In some cases, penalties including financial can be imposed. In case of suspension, termination, sub-juidice dispute/case, in arbitration matter etc. it is mandatory for the user to delete all the data related to ZinEdu from his phone, tab, laptop, computer, hardcopy or in any other form. Even if any matter is sub-judicial, in arbitration. ZinEdu will not be liable for any commitment including financial post the date of suspension or termination.

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.