Terms and Conditions
1.1. Applicable Law shall mean any common or customary law, constitutional law, any statute, regulation, resolution, rule, ordinance, enactment, judgment, order, ordinance, decree, directive, notification, clarification issued by a government authority, guideline issued by a government authority, policy, statutory requirement or other governmental restriction or any form or decision of or determination by or interpretation of any of the foregoing by any government authority, now or hereafter in effect, in each case as amended, re-enacted or replaced, as may be applicable to Zuperly and its Users severally.
1.2. Domain Expert shall mean an individual exercising expertise in a particular subject matter.
1.3. Domain Expert Content shall mean the knowledge, information, opinion and advice provided by Domain Experts in the learning pathways feature on the Website.
1.4. Feature(s) shall mean the features offered by the Website including without limitation, the features wherein the Users may browse, view and compare learning options offered by various Providers; enrol in different learning pathways; save searches; register, and create team(s) on the Website; create learning lists in accordance with individual interests and skills; track and mark learning progress of the Users and of the team; view other User's profiles and accept invitations to join teams from other Users of that team.
1.5. Providers shall mean platforms which offer learning options including without limitation, online courses, videos, podcasts, offline learning and articles.
1.6. User shall mean any person who for his/her own behalf or on behalf of a minor person, accesses the Website for purposes including without limitation, browsing, viewing, comparing and selecting courses made available on the Website; submitting queries on the Website; accessing and using Features made available on the Website. For the Purpose of these Terms, words importing persons shall be deemed to include natural and juridical persons i.e. individuals, incorporated and unincorporated entities.For the Purpose of these Terms, words importing persons shall be deemed to include natural and juridical persons i.e. individuals, incorporated and unincorporated entities.
2. SERVICES OVERVIEW:
The Website is an internet-based platform for Users to avail Features offered by the Website (hereinafter collectively referred to as 'Services' ).
3. ACCESSING THE WEBSITE:
3.2. By browsing, accessing and / or uploading User Content and / or any other information or data which may be of personal and / or confidential nature on the Website, the User hereby agrees to accept and be bound by the Terms. The User hereby agrees that the User shall not use the Website if the User does not accept all of the Terms.
3.3. The User hereby acknowledges and agrees that Zuperly may amend, modify, replace, add or delete any portion of the Terms at any time by posting the relevant amended and restated Terms on the Website. The User acknowledges that it is the User's responsibility to review these Terms periodically and to be informed of all updates or changes effected with respect to the Terms and that by continuing use of the Website, the amended Terms will apply to the User and that the User will be bound by the amended Terms.
3.4. Subject to the User's compliance with the Terms contained hereunder, Zuperly hereby grants to the User a personal, non-exclusive, non-transferable, limited licence to access and use the Website.
4.1. The User may register itself with Zuperly to access the Website and to avail the Features available.
4.2. For the purpose of registering with Zuperly, the User will be required to sign-up on the Website by providing information such as the User's name, telephone number, electronic mail address and other necessary details (hereinafter referred to as 'Registration Data');
4.3. To avail the Feature, the User will be required to provide additional information such as team name, type of team, number of team members, electronic mail address of all team members and other details in respect of teams.
4.4. Upon signing up, a user account (which is used for signing-up) will be created which may be used by the User for the purpose of accessing the Website and availing the Services on the Website. Zuperly may from time to time, amend and / or implement processes to secure the process of signing-up, such as verification of registrations, unique keys, identifiers, etc.
5. USER'S RESPONSIBILITY:
5.1. The User is solely responsible for protection of its log in / sign up details and is responsible for all activities that occur under its account. The User shall notify Zuperly immediately of any unauthorized use of the User's account or other breach of security. The User understands that Zuperly shall not be held liable or responsible for any loss, damage, liability, expenses or attorneys' fees incurred by the User as a result of loss, theft, misappropriation and / or any other misuse of User Content and / or User's login credentials, either with or without the User's knowledge and/or authorization.
5.2. The User is solely responsible for the authenticity and correctness of the Registration Data made available on the Website at the time of signing-up and the subsequent creation of the user account.
5.3. The User understands and agrees that the User shall be solely responsible to verify the veracity of credentials of the Domain Experts; and Domain Expert Content listed on the Website and that Zuperly does not assume any responsibility in respect of credentials of the Domain Experts; and Domain Expert Content.
5.4. The User agrees and undertakes to promptly notify Zuperly of any known or suspected infringement of intellectual property or of any rogue data uploaded on the Website.
5.5. The User agrees and acknowledges that the User is solely responsible for compliance with Applicable Laws.
6. USER CONTENT:
6.1. The User will be allowed to upload or share content, information, data, text, logos, images, graphics, illustrations, audio, video and / or any other material on the Website ('User Content') and share such User Content with other Users on the Website. The User understands and agrees that in the event the User changes the settings of the User Content visibility to public, such User Content shall be publicly available and accessible to other Users of the Website and the User hereby gives express authorization and consent for such access and availability of User Content.
6.2. The User represents that the User is duly authorized and / or is the rightful owner of the User Content, including the intellectual property forming part of the User Content, uploaded and / or shared by the User on the Website. The User understands and agrees that Zuperly shall not be held liable for any infringement or misappropriation of any third-party intellectual property right that may occur on account of uploading and making User Content available on the Website.
6.3. The User understands and agrees that Zuperly may store and maintain usage logs of the User's activity on the Website for a period of 90 (Ninety) days to enable Zuperly to analyse the traffic on the Website in the event of any breach committed by Users.
7. REPORTING OF BREACH:
7.1. The User may report a breach of these Terms including without limitation an infringement of intellectual property rights by notifying the Grievance Officer through an electronic mail in accordance with these Terms.
7.2. Zuperly may remove or expunge such User Content from the Website suo moto or upon receipt of notice of infringement from any User.
7.3. The User understands and agrees that Zuperly does not monitor the User Content uploaded on the Website and disclaims any responsibility or liability with respect to such User Content.
8. RESTRICTION ON USE:
8.1. The User agrees that the User shall not use the Website for any illegal, fraudulent or inappropriate purposes.
8.2. The User shall not undertake any activity that infringes the intellectual property rights of the Providers.
8.3. The User shall not copy or adapt the source code of the Website, reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Website.
8.4. The User shall not violate, circumvent or attempt to violate or circumvent any data security measures or authentication procedures employed by Zuperly or attempt to interfere with the Website by any means including, without limitation to hacking or do any activity which results in the interruption of the uptime of the Website.
8.5. The User shall not interfere or disrupt the functioning of the Website by any means including without limitation, transmitting any worms, viruses, spyware, malware or any other code of a disruptive or destructive nature.
8.6. The User shall not submit any information forming a part of the Registration Data that is intended to impersonate another person or belongs to another person and to which the User does not have any right to use.
8.7. The User shall not collect or attempt to collect personal data or any other kind of information about other Users including without limitation, by employing scraping tools.
8.8. The User shall not violate, circumvent or attempt to violate or circumvent any data security measures or authentication procedures employed by Zuperly or attempt to interfere with the Website by any means including, without limitation to hacking or overloading Zuperly's servers or systems, uploading a virus to the Website or engage in any activity which results in crashing of the Website.
8.9. The User shall not share or upload any User Content that:
i. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic including images or videos that contain nudity, sexual activity or encourage rape, incest, bestiality or necrophilia, paedophilic, libellous, invasive of another's privacy, hateful or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling or otherwise unlawful in any manner whatsoever;
ii. harms minors in any way including but not limited to any User Content which promotes or depicts child sexual abuse;
iii. infringes any patent, trademark, copyright or other proprietary rights;
iv. violates any law for the time being in force in India or any other country from where the User is accessing the Website;
v. deceives or misleads the addressee about the origin of such content or communicates any information which is grossly offensive or menacing in nature;
vi. impersonate another person; and
vii. belongs to another person and to which the User does not have any right to; and
viii. threatens the integrity, defence or security of a country, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or defame any country.
8.10. The User shall not engage in any act that is likely to or tends to jeopardize, damage, limit or interfere with Zuperly's or the Provider's intellectual property rights or any other rights mentioned in these Terms.
9. INTELLECTUAL PROPERTY RIGHTS:
9.1. Zuperly holds copyrights in the Website. Zuperly is also the sole owner or lawful licensee of all the rights of the Website including but not limited to software (including source codes), algorithms, design, layout and non-literal visual and functional elements of the Website. The title, ownership and intellectual property rights in the Website shall remain with Zuperly solely and exclusively and no right, title or interest will be transferred to the Users by providing access to the Website.
9.2. 'Zuperly' and related icons and logos are registered or registration has been applied for in various jurisdictions and the same is protected under applicable trademark and other intellectual property laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited and shall be subject to appropriate legal proceedings against the unauthorized User.
9.3. For the provision of Services, Zuperly may embed or hyperlink Domain Expert Content or content of the Provider in the Website. The Domain Expert Content or content of the Provider is not displayed or hosted on the Website. The logos / devices / titles / copyrights / trade names / trademarks and generally intellectual property in the Domain Expert Content or content of the Provider is the intellectual property of the respective Domain Expert or the Provider and the use of which is subject to such Domain Expert’s consent or the Provider's own policies on intellectual property. By virtue of provision of Services, Zuperly does not claim any right, title or interest in the Domain Expert Content or content of Provider. The Domain Expert / Provider may contact Zuperly on info@Zuperly.online to report an infringement of their respective intellectual property, if any, and Zuperly will take down such infringing content within 36 hours of receipt of such communication. Zuperly is monetizing from its Services which includes identifying and empanelling the Domain Expert; researching, curating and structuring the Domain Expert Content or content of the Provider; and compiling lists and creating evaluation mechanisms. Zuperly is not exploiting, modifying, selling, reproducing, republishing, copying, duplicating transferring or uploading any part of the Domain Expert Content or content of the Provider on the Website.
10. REPRESENTATIONS & WARRANTIES
10.1. The User represents and warrants that, the User has the legal power and authority to accept and bind itself by these Terms. The User also represents and warrants that the User is of the age required in the country where the User is located, to access online platforms and to be bound by the Terms.
10.2. The User further represents and warrants that the User has neither falsely identified themselves nor provided any false information to gain access to the Website. All information provided by the User is accurate, true and correct and shall remain accurate, true and correct each time the Users uses the Website and until and updated by the User themselves.
11. DISCLAIMER OF WARRANTY:
11.1. Except as expressly set forth in these Terms, access to the Website is provided on an “as is” basis, without warranties of any kind, either expressed or implied, including, without limitation, implied warranties of fitness for a particular purpose or non-infringement. To the full extent permitted by law, Zuperly and its directors, officers, employees, affiliates, agents and representatives disclaim all warranties other than as expressly set forth herein including any implied warranties of non-infringement. Zuperly does not warrant that the access and/ or the use of the Website will be timely; uninterrupted; error free or secure; meet the User's requirements or expectations; free of viruses, bugs or other harmful components or that all defects will be corrected.
11.2. The User acknowledges that Zuperly neither has control over nor duty to take any action with respect to which user gains access to the Website; which course the User accesses or the suitability of the courses made available on the Website; which User Content and Domain Expert Content the User accesses; the suitability of the User Content and Domain Expert Content, the impact of the User Content and Domain Expert Content on the Users or what actions the User may take as a result of being exposed to the User Content and Domain Expert Content. Zuperly specifically does not warrant the accuracy of the recommendations of Domain Expert Content and courses made available to users or any expected outcome from availing a course. The courses and Domain Expert Content made available on the Website are provided by and is the responsibility of the Domain Experts and the Providers who posted the courses on their respective online platforms. Zuperly does not monitor the courses on the Website and takes no responsibility for the Domain Expert Content and the content of the courses. Zuperly will not be responsible or liable for the accuracy, security, merchantability, copyright compliance or availability of the Domain Expert Content and courses. The User Content on the Website is provided by and is the responsibility of the User who posted the User Content. Zuperly does not monitor the User Content of the Website and takes no responsibility for the User Content. Zuperly makes no representations concerning any content contained in or accessed through the Website, and Zuperly shall not be responsible or liable for the accuracy, copyright compliance, legality or decency of the User Content and Domain Expert Content.
11.3. Zuperly will make reasonable efforts to store and preserve the User Content uploaded and posted on the Website. However, Zuperly shall not be held responsible or liable in any way for the failure to store, preserve or access the User Content uploaded on the Website. The User is strongly urged to take measures to preserve copies of the User Content that the User uploads on the Website.
12.1. Zuperly does not provide any indemnity to a User with respect to use of the Website in a manner that is expressly prohibited/ restricted under the Terms.
12.2. The User hereby indemnifies, defends and holds harmless, Zuperly, its directors, officers, employees, affiliates, agents and representatives to the fullest extent permitted by law, against any claim, demand, suit or proceeding made by any Provider or third party in relation to the User's use of the Website which is in breach of the Terms including without limitation, a claim regarding infringement of any copyright, trademark, or other intellectual property rights of any Provider or User or third party; unlawful and/or unauthorized use of the Website and any other breach by the User of its obligations under the Terms. The indemnity provisions shall survive the termination of the User's registration/ account.
13. LIMITATION OF LIABILITY:
13.1. To the full extent permitted by the Applicable Law and notwithstanding any failure of essential purpose of any limited remedy or limitation of liability, Zuperly and its directors, officers, employees, affiliates, agents and representatives shall not be liable for any special, indirect, incidental, consequential or punitive damages including without limitation, any loss due to unauthorized use; errors; etc. or in relation to these Terms or the subject matter hereof, regardless of whether such liability arises from contract, indemnification, warranty, tort (including negligence), strict liability or otherwise and regardless of whether Zuperly has been advised of the possibility of such loss or damage.
14.2. Zuperly reserves the right to cooperate fully with governmental authorities. Further, Zuperly may disclose the User's identity and contact information, if mandated by a government or law enforcement body or under other legal action. Zuperly shall not be liable for damages or results arising from such disclosure, and the User agrees not to bring any action or claim against Zuperly for such disclosure.
15.1. Zuperly may terminate or suspend the User's account with the Website immediately, without prior notice or liability, if the User is in breach any of the Terms. Upon termination of the User's account, the User's right to use and access the Website and any content available therein, will immediately cease.
15.2. All provisions of the Terms which by their nature should survive termination shall survive termination, including without limitation intellectual property rights, representations and warranties, disclaimer of warranties, indemnity and limitations of liability. Termination of the User's account with the Website shall not relieve the User of any obligations arising or accruing prior to such termination or limit any liability which the User otherwise may have towards Zuperly, including without limitation any indemnification obligations.
16. GOVERNING LAW & DISPUTE RESOLUTION:
16.1. The law governing the Terms shall be the substantive laws of the Republic of India, without giving effect to the conflicts of law principles of any jurisdiction in which the Website is accessed.
16.2. Any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration. The seat and venue of the arbitration shall be Hyderabad, India. The Tribunal shall consist of one arbitrator, nominated by Zuperly. The language of the arbitration shall be English. The law governing this arbitration agreement shall be the Arbitration and Conciliation Act, 1996 (as amended and re-enacted at the relevant time).
17.1. The failure by either party to enforce any provisions of these Terms will not constitute a waiver of any other right hereunder or of any subsequent enforcement of that or any other provisions. If a court of competent jurisdiction holds any provision of the Terms invalid or unenforceable, the remaining provisions of the Terms will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law.
17.2. All notices required or permitted under the Terms will be in writing and delivered by email, registered mail, postage prepaid with return receipt requested, and in each instance, will be deemed given upon receipt. All communications to Zuperly will be addressed to email@example.com. All communications to the User will be addressed to the email address provided by the User at the time of registration with Zuperly.
17.3. Zuperly will not be responsible for any failure or delay in Zuperly's performance under the Terms, for reasons beyond Zuperly's reasonable control, including, but not limited to, penetration events such as hacking, malware, etc., disconnection by Providers, internet outage, server breakdowns, server downtime, system incompatibility, interconnection incompatibilities with Providers, strikes, labour disputes, lockouts, war, acts of terror, riot, acts of God or governmental action and / or restrictions.
17.4. No agency, partnership, joint venture, or employment is created as a result of these Terms and the User does not have any authority of any kind to bind Zuperly in any respect whatsoever.
18. GRIEVANCE REDRESSAL:
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer who can be contacted with respect to any complaints or concerns including those pertaining to use of the Website, breach of these Terms, and other polices or questions, are published as under:
Grievance officer name:
Kapil Reddy Kambham
11:00 A.M. to 5:00 P.M. (Indian Standard Time) from Monday to Friday except Public Holidays
These Terms were last published on:
1 March, 2021