Terms and Conditions

Welcome to Zipperminds! We hope that you have a great experience using our Platform.

The User Terms and Conditions (this 'Agreement') are applicable to all users ('you' and every “User”) who access and/or use the platform for on-line advice and professional consulting services ('Expert Platform') available at www.zipperminds.com and/or Other B2B solutions, mobile applications and websites powered by Zipperminds. The Sites are currently owned and operated by M/s Zipperminds Pvt. Ltd (hereinafter collectively referred to as the “Platform”/ “Zipperminds Platform”).

This Agreement sets forth and contains the terms and conditions between you and Zipperminds. By using any portion of the Sites you agree to be bound by this Agreement. It is advisable that you should read this Agreement carefully. In the event, IF YOU DO NOT AGREE TO BE BOUND BY ANY CLAUSE OF THIS AGREEMENT, YOU SHOULD IMMEDIATELY CEASE FROM USING ANY PORTION OF THE SITES. In such a case, you will not be able to sign up as an User or otherwise access and/or use the Expert Platform.

Zipperminds reserves the right and may modify this Agreement or any part hereof at any time as may be required for the provision of services on the Sites, for complying with the legal and regulatory framework and for other legitimate business purposes. Zipperminds will expend reasonable efforts to inform you of any material change to this Agreement. That said, you are encouraged to check the terms of this Agreement frequently. It is made expressly clear that by continuing to use the Expert Platform and/or the Sites (including maintaining your account) after any modifications have been made to this Agreement, would indicate your and/or the User’s consent to be bound by such modified agreement.

When we speak of “Zipperminds”, “we”, “us”, and “our”, we collectively mean Zipperminds Private Limited – a company incorporated in India and all of its affiliates which have license to host the Platform and offer Services. Kindly refer to the ‘ About Zipperminds and the Platform ’ section of these Terms and Conditions to know which Zipperminds entity your Agreement will be with.

1. ABOUT ZIPPERMINDS AND THE PLATFORM

   In India, the Platform is owned, managed, operated and offered by (Zipperminds Private Limited), a company incorporated under the (Indian) Companies Act, 2013, having its registered office at ____C-142 , Spaze Privy, Sector 72, Gurugram 122002.___. In any jurisdiction other than India, wherever Services are rendered through the Platform, the same is offered by Zipperminds India and / or its affiliates (as relevant pursuant to appropriate intra group contractual arrangements). For knowing with which entity of Zipperminds your Agreement will be, please refer to the list in Annexure A below.

2. PLATFORM SERVICES

   Zipperminds provides a platform where a Mentor may present his or her expertise, experience and provide advice or services to interested Users. The Expert Platform allows Users to locate a Mentor and ask questions or request advice and/or services directly from such a Mentor. Zipperminds, via the Expert Platform, enables a User to communicate directly with the Mentor; and pay for the services purchased by the User from such a Mentor (each a 'Transaction'). Each User is solely responsible for every Transaction occurring under his or her account/wallet. Consequently, you are solely responsible for every Transaction occurring under your account. You acknowledge and agree that Mentors are neither employees nor agents nor representatives of Zipperminds, and Zipperminds assumes no responsibility for any act, omission, advice, representation, etc. of any such Mentor. As further described in this Agreement, Zipperminds makes no representation or warranty or guarantee whatsoever as to (a) the availability of the Expert Platform and/or the Sites, (b) the accuracy of the Expert Platform and/or the Sites, (c) the willingness or ability of any Mentor to give advice, (d) whether you shall find an Mentor’s advice relevant, useful, accurate or satisfactory, (e) whether the advice of the Mentor will be responsive or relevant to the your question, or (f) whether the Zipperminds advice will otherwise be suitable to the your needs etc. Zipperminds does not verify the skills, degrees, qualifications, credentials, background etc. of any of the Mentors. It is strongly recommended that every User including you independently verify the skills, degrees, qualifications, credentials, background etc. of each Expert from whom he or she receives or contemplates to receive advice or services. The Expert Platform and Sites may contain financial information provided by third parties. Such content is provided for informational purposes only and is not intended, and should not be used, for trade or investment purposes. AS NOTED IN THIS AGREEMENT, ZIPPERMINDS DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR MENTOR ADVICE PROVIDED AND ZIPPERMINDS WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY USER DUE TO RELIANCE ON ANY SUCH INFORMATION OR ADVICE. IT IS EXPRESSLY STATED THAT ZIPPERMINDS MERELY ATTEMPTS TO CREATE A PLATFORM WHEREIN A USER HAS AN OPPORTUNITY TO MEET AN MENTOR AND PLAYS NO ROLE IN THE DISPENSATION OF THE ADVICE ITSELF. You agree and acknowledge that Zipperminds shall have the right at any time to change or discontinue any Service, product, aspect, or feature of the Platform, including without limitation to, the User-generated Content (to the extent it is permitted to, or required, by virtue of being an ‘intermediary’), its availability and Supported/Compatible device required to access or use the Services. Zipperminds reserves the right to block your account and / or restrict your access to the Platform, if you choose not to provide / partially provide the requested information. The Platform is providing a certain service which is available through the medium of telecommunication or video conferencing with the Mentor listed and enrolled with the Platform. By agreeing to the present Terms of Usage, you are also giving your unconditional consent to the Platform to arrange a call with you on your mobile number even though your number is on DND service provided by your mobile service provider.

3. RIGHT TO ACCESS

   As a User, to access the Platform and use certain Services, you will be required to sign up through your Phone Number and create an account on the Platform by providing/ uploading the requested details. To sign up on the Zipperminds Platform you must meet the ‘Age Requirements’ specified hereinbelow. By using the Zipperminds Platform, you, through your actions, affirm that the Age Requirements are met. You can sign up on the Zipperminds Platform for free however, certain Services offered on the Platform may be chargeable. Please review the Service offerings on our Site or Application(s). You are not obligated to purchase any Service offered on the Platform. Age Requirements to register and use on the Platform (“Age Requirements”): If you are a resident of India or any other country (except USA, UK or EU countries), then you must have attained at least 18 (eighteen) years of age to register and use the Zipperminds Platform; If you are a resident of the European Union (EU) country and have attained at least 16 (sixteen) years of age, then you are permitted to register and use the Zipperminds Platform; and If you are a resident of the United States of America (USA) or United Kingdom (UK) and have attained at least 13 (thirteen) years of age, then you can register and use the Zipperminds Platform. If you are a resident of the US, UK or EU countries and are between the ages 13 and 18/ 16 and 18 respectively or if you are resident of any other country and are considered to be of any age determined for use of internet services but are less than the contractual age determined by the applicable laws of such country, then by using the Platform, you confirm to us that your use of the Platform is with the permission of your Parent(s) (as defined below), and your Parent has read, agreed and accepted to the Agreement; and in the event of any dispute between you and Zipperminds pursuant to your Agreement with us, the terms of our Agreement shall be applicable to and enforceable against the guardian of minor. A User who does not fulfil the Age Requirements mentioned above (as may be revised as per applicable laws from time to time) and is desirous of registering on the Platform i.e., if a User is a “Minor”/ “Child”, then the User may use the Platform with the consent of, and under the supervision of, their parent or legal guardian (“Parent”). Accordingly, in such a case, the Parent must agree to the Platform Terms at the time of their sign up on the Platform. Please note that minors/children are not by themselves eligible to register on the Platform. When a Minor/Child uses the Platform, we assume that the Parent of such Minor/Child has enabled the Minor/Child’s usage of the Platform by agreeing to the Platform Terms and that such usage is under the supervision of their Parent. Zipperminds reserves the right to block your registered Phone number and /or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements and/or the consent to register and use the Platform is not obtained as above. You acknowledge that Zipperminds does not have the responsibility to ensure that You conform to the aforesaid Age Requirements. It shall be Your sole responsibility to ensure that the required qualifications are met.

4. FEE AND PAYMENT

   Users shall ensure that all credit card and payment information presented by User is accurate and correct and kept updated at all times and that User is fully authorized to use such credit card and payment information for purposes of paying for services made available via the Expert Platform. Zipperminds works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers. Users are solely responsible for paying all fees incurred for the use of the Expert Platform, including each Transaction under the User’s account. Users shall also be responsible to reimburse Zipperminds for any expenses incurred by Zipperminds to collect fees, including but not limited to any fees resulting from incorrect credit card information or fees incurred under a User’s account disputed in violation of this Agreement. A User may make payments by charging the fees to the credit or debit card or the Paypal account on file. Each User hereby expressly authorizes payments for all fees for each Transaction occurring under the User’s account.. The Users will deposit amounts as reserved funds in their Wallet to avail services on the Platform. Deposits may be made via a credit or debit card or Paypal account. Mentor Fees will then be deducted from the Wallet of the User as incurred, either as services are rendered, or promptly after a session with a Mentor ends. The User shall be required to maintain the minimum balance in their Wallet depending upon the fees of the Mentors to make a call to the desired Mentor. Time charges to Users are based on increments of a minute or sessions of minutes as measured on Zippermind’s servers. Charges to Users are rounded up so that any part of a minute is considered a full minute or any part of a session is considered a full session of time charges. Zipperminds billing system is not fault-free; therefore Zipperminds shall not be liable for any problems, miscalculations or malfunctions in processing the payments owed by the User. If the User thinks that a mistake has occurred he or she may send his or her complaint via our customer care. While Users are solely responsible and liable for all uses of the Expert Platform (including, but not limited to, the selection of Mentors, communications with Mentors and fee arrangements with Mentors), and while Users assume the risk that any communications with an Mentor may or may not address a User’s questions or otherwise be satisfactory, relevant or acceptable to the User, in certain limited circumstances Zipperminds may elect to refund a payment made by a User for a communication session with an Mentor. The refund process is described in clause E(b). The Platform is an internet-based portal having its existence on World Wide Web, Application and other electronic medium and provides study abroad content and telephone and video consultations (hereinafter referred as “Content”). The Platform is offering “Free Services” and “Paid Services” (Collectively referred as “Services”). Free Services are easily accessible without becoming a User however for accessing the personalized services and getting access to Paid Services, you are required to register as a User on the portal. By registering for Paid Services, a User agrees to: To provide current, complete, and accurate information about himself as prompted to do so by the Platform. To maintain and update the above information as required and submitted by you with the view to maintain the accuracy of the information being current and complete. An account could be created by you through the Website ID (Your Phone Number) and password (OTP) or other login ID and password which can include a facebook, gmail or any other valid email ID. The User while creating an account hereby represents and warrants that all the information provided by the User is current, accurate and complete and that the User will maintain the accuracy and keep the information updated from time to time. Use of another User’s account information for availing the services is expressly prohibited. If in case it is found that the information so supplied on the Platform is inaccurate, incomplete, untrue and not current, the Platform has the right to suspend or terminate the User’s account and restrict/refuse the use of the Platform by such User in future. The right to use this Platform is personal to the User and is not transferable to any other person or entity. The User would be responsible for protecting the confidentiality of User’s passwords and other information required for the purposes of registration. The User would be fully responsible for all the activities that occur under the User’s account with the Platform. Zipperminds will hold you liable and responsible for any losses incurred by Zipperminds due to someone else's use of your account or password. The User agrees, understands and confirms that his / her personal data including without limitation to details relating to debit card / credit card transmitted over the Internet may be susceptible to misuse, hacking, theft and / or fraud and that the Website or the Payment Service Provider(s) have no control over such matters. The Platform does not permit the use of the Services by any User under the following conditions: - If the User is a resident of any jurisdiction that may prohibit the use of the Services rendered by the Platform. If the User has created multiple accounts using various mobile numbers. The User may not have more than one active account with the Platform.

5. PRICING, CREDITS AND REFUNDS

   Pricing - The prices of content on Zipperminds are determined based on the terms of the Mentor’s Terms and our Privacy Policy. In some instances, the price of content offered on the Zipperminds website may not be exactly the same as the price offered on our mobile or TV applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions. We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price prevailing at the time you complete your purchase of the content (at checkout). Any price offered for particular content may also be different when you are logged into your account from the price available to users who aren’t registered or logged in, because some of our promotions are available only to new users. If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout. Refunds and Refund Credits No refund shall be processed unless specifically mentioned in this agreement. No refund shall be processed once the Call has been scheduled and executed. However, if the User intends to cancel a successfully placed order before execution, the User is required to contact the customer care team within 2 (Two) hours of making the payment, whereafter it is totally at the discretion of the Website whether to issue a refund. No refund shall be processed for the reason that in-correct information or data has been provided by You. The User agrees to be careful while providing any information to the Website and must re-check the information filled before clicking on “Submit”. No refund shall be processed for providing a wrong contact number for the purpose of availing the “Call with Mentor” feature. The User once opted for this feature is advised to keep the Contact Number in full coverage area and must answer the call when received. No refund shall be processed for any call which gets connected. The refunds, if any, shall be processed after deduction of the transaction charges levied by the Bank and/or the Payment Gateway, to & for cost of the services and/or any other charges that may have been incurred by the Website during processing and/or delivering the service, as applicable. The refund, if any, will be credited to the user's Zipperminds wallet only. In case the Website or Payment gateway’s webpage, that is linked to the Website, is experiencing any server related issues like ‘slow down’ or ‘failure’ or ‘session timeout’, the User shall, before initiating the second payment, check whether his/her Bank Account has been debited or not and accordingly resort to one of the following options: In case the Bank Account appears to be debited, ensure that you do not make the payment twice and immediately thereafter contact the Website via customer care to confirm payment. In case the Bank Account is not debited, the User may initiate a fresh transaction to make payment. However, refund for multiple payment, if any, even after the above precaution against the same order shall be made in full without deduction of the transaction charges as mentioned above. The Website shall only retain the cost of one single order as intended to be placed by the User. If there are orders that the Website is unable to accept and must cancel, the Website at its sole discretion, reserves the right to refuse or cancel any transaction for any reason whatsoever. Some situations may result in the order being cancelled and include, without limitation, non-availability of the service, inaccuracy, error in pricing information or other problems as identified. If the User’s order is cancelled after charges being paid against the said service, the said amount paid for booking shall be credited to the user's Zipperminds wallet. Note: All refunds will be credited to the user's Zipperminds wallet.

6. USER’S AFFIRMATION, CONDUCT AND USE

   By Signing up, the User, represent, warrant and agree to the following: The information furnished by you is accurate, true, current and complete, and you will maintain and update such information during the term of this Agreement so that it will remain accurate, true, current and complete. You are solely and fully liable for all conduct, postings, transmissions and Transactions that are made under your user name, phone number and password. Zipperminds is not responsible for verifying the identity, qualifications, credentials, biographic information, licensure, and/or any other information regarding any of the Mentors. You are solely responsible for verifying the Mentor’s identity, qualifications, credentials, biographic information, licenses held and other information. Zipperminds is not involved in any transaction between you and any Mentor. Zipperminds does not control the quality, relevance or accuracy of any advice provided by an Mentor, and Zipperminds does not determine whether any Mentor is qualified to provide any specific advice, whether an Mentor is categorised correctly or in the most appropriate category to provide the advice sought by a User, or whether any postings on the Expert Platform or a Site or any transmissions through the foregoing by a User or an Mentor is accurate, correct, relevant or appropriate. You hereby grant Zipperminds an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a world-wide basis, any information or content that you post, transmit, deliver or receive via the Expert Platform, a Site or otherwise from or to an Mentor. All interactions between you and a Mentor will be billed through the Expert Platform regardless if the interaction is online or offline. You agree to abide by the pricing terms agreed upon with a Mentor while using the Sites and to pay to Zipperminds all fees for services rendered to you by Mentors. Users will not interfere with or disrupt, or attempt to interfere with or disrupt, any Zipperminds servers, networks or equipment connected to a Site. Users will not attempt to gain unauthorized access to any other computer system or network connected to a Site. Users will not transmit, upload, email, post or otherwise make available through the Expert Platform or any Site: (A) any 'junk mail', 'spam', or any other types of unsolicited email or bulletin board postings; or (B) any unlawful, harassing, libellous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind. User will also not transmit, upload, email, post or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or code; or (D) any information or material which may constitute or encourage conduct that is a criminal offence or civil wrong or otherwise violates any applicable law. Users will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by Zipperminds. Users will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code. Zipperminds enables the transfer of files between Users and Mentors. When opening such file attachments received from Mentors it is the User’s responsibility to scan them with an anti-virus software application prior to opening them. User will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity. Users will not stalk, threaten or harass any Mentor or infringe upon or attempt to infringe upon their privacy. Zipperminds may elect, but is not required, to review the User’s personal profile and amend any typing or spelling errors. Zipperminds does not examine the validity or accuracy of the details in the User’s personal profile or in any of the User’s postings or transmissions. Without derogating from the above or any other term of this Agreement, Zipperminds may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the User and/or remove any content violating this Agreement. The decision taken by Zipperminds shall be final in this regard. The User will bear all the risks associated with the uploading and transmitting of material while utilising a Site and/or Zippermind’s services, including reliance on its accuracy, reliability or legality. Consequences - Failing to follow the guidelines as described herein carries consequences. For minor infractions, you may be temporarily suspended from the event you are participating in. Upon repeat offences, Zipperminds holds the rights to decide the consequence. Reporting If you are subject to or witness unacceptable behaviour, or have any other concerns, please notify a community organiser as soon as possible, using the report form or by writing at business@zipperminds.com. If you feel you have been falsely or unfairly accused of violating this Code of Conduct you should notify by writing at business@zipperminds.com with a concise description of your grievance.

7. MODIFICATION AND TERMINATION OF SERVICES

   Zipperminds reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to User. User agrees that Zipperminds shall not be liable to User or to any third party for any modification or discontinuance of any service offered by Zipperminds, or for any losses or damages that may result to User or any third party from such discontinuation or interruption of service. Zipperminds services depend on various factors such as software, hardware and communications networks of Zipperminds, its contractors and suppliers. Zipperminds does not guarantee that Zipperminds service will be uninterrupted or that it will be timely, secure or error-free. Zipperminds, in its sole discretion and for any reason, may block User’s account and/ or suspend the participation of the User in the services and refuse any and all current or future use by User of the Platform. ZIPPERMINDS INTELLECTUAL PROPERTY The Sites and the Expert Platform contain copyrighted material, trade secrets and proprietary information owned by Zipperminds or its licensors. This Agreement does not grant to the User any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licences in respect of the Sites or Expert Platform; or any material or information appearing on the Sites or Expert Platform; or any services offered by Zipperminds. The User may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of Zipperminds or its licensors. Furthermore, the User may not sub-license, assign, transfer, sell or make any other commercial use of his or her account in the Sites or Expert Platform. The User may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Zipperminds or its licensors, or take any other action that infringes upon or impairs Zipperminds trademark or other intellectual property rights. Zipperminds is the sole owner of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites, Expert Platform and in any software, application, graphics, text and other materials used therein, including the organisation and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, Zipperminds shall retain all ownership rights in and to all content displayed on the Sites and Expert Platform including copies of data transferred or received by User through the Sites and Expert Platform. This section shall survive expiration or termination of this Agreement. LIMITED LICENCE Zipperminds grants User a limited, nonexclusive, revocable right to use the Sites provided that User does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites. USER ACCOUNT ACCESS The Platform shall have access to the account and the data provided by the User for ensuring and maintaining the high-quality services provided by the Platform and for addressing the need of the User in the most effective manner. User hereby consents for the unconditional access of the account by the Platform, its employees, agents and other appointed person in such regard. For the purpose of addressing the complaints (if any received) and any suspected abuse reported, the Platform shall investigate on a case-to-case basis from the records available. The User is directed to read the terms provided in the Privacy Policy as regards such records.

8. PRIVACY POLICY

   The User hereby consents, expresses and agrees that the User has read and fully understands the Privacy Policy of the Website. The User further consents that the terms and contents of such Privacy policy are acceptable to the User inclusive of any update/alteration/change made and duly displayed on the Website. LEGAL REQUIREMENT TO DISCLOSE Zipperminds may disclose User information including personal information if Zipperminds reasonably believes that disclosure (i) is necessary in order to comply with a legal process (such as a court order, subpoena, search warrant, etc.) or other legal requirement of any governmental authority, (ii) would potentially mitigate Zipperminds liability in an actual or potential lawsuit, (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity, (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by User), or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).

9. LIMITATION OF LIABILITY / WARRANTY

   TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ZIPPERMINDS, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF MENTOR-GENERATED CONTENT OR ANY OTHER CONTENT AVAILABLE AT ZIPPERMINDS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR ZIPPERMINDS PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ZIPPERMINDS PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR ZIPPERMINDS PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE ZIPPERMINDS PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ZIPPERMINDS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT ZIPPERMINDS SHALL NOT BE LIABLE FOR MENTOR-USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE ZIPPERMINDS PLATFORM IS CONTROLLED AND OFFERED BY ZIPPERMINDS AND / OR ITS AFFILIATES DEPENDING UPON YOUR JURISDICTION. ZIPPERMINDS MAKES NO REPRESENTATIONS THAT THE ZIPPERMINDS PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE ZIPPERMINDS PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW. THE ZIPPERMINDS DOES NOT PROVIDE WARRANTIES FOR THE SERVICE. COUNSELLING AND KNOWLEDGE PROVIDED THROUGH THE PLATFORM IS BASED ON CUMULATIVE OR INDIVIDUAL KNOWLEDGE, EXPERIENCE AND INTERPRETATIONS OF MENTORS AND AS SUCH, IT MAY VARY FROM ONE MENTOR TO ANOTHER. THE USER SHALL NOT AT ANY TIME BE OBLIGED TO ACT ON ANY INFORMATION, SUGGESTION, ADVICE OR GUIDANCE GIVEN BY THE MENTOR AS A PART OF THE CONSULTATION, BUT IF AND TO THE EXTENT THAT IT DOES SO, IT SHALL DO SO AT ITS OWN RISK. THE ZIPPERMINDS HAVE NO AGENT, PRINCIPAL OR EMPLOYER RELATIONSHIP WITH THE MENTOR, THE VIEWS, OPINIONS ETC EXPRESSED ARE OF THE MENTOR AND THE USER ACTS ON THEM OR FOLLOW THE ADVICE RECEIVED FROM THE MENTOR AT HIS/HER OWN DISCRETION. THE MENTORS ARE NOT EMPLOYEES OF THE PLATFORM OR THE COMPANY. HOWEVER, THE ZIPPERMINDS VERIFIES THE DEGREES, QUALIFICATIONS, CREDENTIALS AND BACKGROUND OF THE MENTORS, BUT DOES NOT REFER, ENDORSE, RECOMMEND, VERIFY, EVALUATE OR GUARANTEE ANY ADVICE, INFORMATION OR OTHER SERVICES PROVIDED BY THE MENTORS, NOR DOES IT WARRANT THE VALIDITY, ACCURACY, COMPLETENESS, SAFETY, LEGALITY, QUALITY, OR APPLICABILITY OF THE CONTENT, ANYTHING SAID OR WRITTEN BY, OR ANY ADVICE PROVIDED BY THE MENTORS. NOTWITHSTANDING, ANYTHING TO THE CONTRARY CONTAINED HEREIN, ZIPPERMINDS LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE PLATFORM, FOR THE SERVICES AVAILED BY YOU ON THE PLATFORM.

10. INDEMNIFICATION AND RELEASE

    To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Zipperminds, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Zipperminds Platform; (ii) your violation of any term of the Platform Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User-generated Content caused damage to a third party; or (v) violation of any applicable laws. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Zipperminds Platform. You hereby expressly release Zipperminds, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of Zipperminds, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise. If the indemnified party fails to notify the indemnifying party of the indemnifiable proceeding, the indemnifying party will be relieved of its indemnification obligations to the extent it was prejudiced by the indemnified party's failure.

11. APPLICABLE LAW AND JURISDICTION

    The Agreement shall be interpreted only in accordance with the laws of India (excluding any rules governing choice of laws), and any legal proceeding arising out of this Agreement will occur exclusively in the courts located in New Delhi, India. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Zipperminds and Users with respect to the subject matter hereof, and Users has not relied upon any promises or representations by Zipperminds with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with India are not permitted to use or access the Expert Platform or the Sites. DISPUTE RESOLUTION Any dispute, claim or controversy arising out of or relating to this Terms of Usage including the determination of the scope or applicability of this Terms of Usage to arbitrate, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by User and Zipperminds. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The seat of such arbitration shall be New Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

12. GENERAL PROVISIONS:

    Legal Notices: In the event of any other disputes or claims arising from the use of the Zipperminds Platform, please get in touch with us at business@zipperminds.com Modification, Amendment or Termination: Zipperminds may, in its sole discretion, modify or revise the terms and conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the Platform post any modification of the terms and conditions shall be taken as your consent and acceptance to such modifications. Nothing in the terms and conditions shall be deemed to confer any third-party rights or benefits. You are advised to check our Platform frequently to see recent changes and to keep yourself updated with the most recent updates. Assignment: You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Zipperminds. Any purported assignment without the prior written approval of Zipperminds will be null and void and of no force or effect. Force Majeure: Zipperminds shall not be liable for failure to perform, or the delay in performance of, any of its obligations if and to the extent that, such failure or delay is caused by events substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental body in its sovereign or contractual capacity, war, terrorism, floods, fire, strikes, epidemics, civil unrest or riots, power outage, and/or unusually severe weather. Severability: The Parties agree that if any of the provisions of this Terms shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, the other remaining provisions of this Terms shall remain in full force and effect. On such a clause being declared or determined as unlawful or unenforceable, the same shall stand removed from these Terms while the other Clauses shall have no adverse effect in the case of such clause being declared as unlawful or unenforceable.

13. DISCLAIMER

    The User agrees and undertakes that they are accessing the App/website and transacting at his/her sole risk and are using his/her best and prudent judgement and discretion before availing any service listed on the App, or accessing/using any information displayed thereon. The User agrees that any kind of information, resources, activities, recommendations obtained/availed from App/website, written or oral, will not create any warranty and the App/website disclaims all liabilities resulting from these. Users shall be solely responsible for their communication/interaction with Mentors on the App and the App does not give any assurance regarding the conduct of Mentors on the Platform nor does the Platform endorse or stand guarantee for the opinions, information, guidance, instruction, data, suggestions, tips, ideas and postulations of the Mentors. The Zipperminds does not guarantee that the functions, products and services contained in the Platform will be uninterrupted or error-free, or that the App or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Platform.

14. CONTACT US:

    If you have any questions about these Terms and Conditions, the practices of the App/website, or your experience with the Service, you can email us at business@zipperminds.com.