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Terms and conditions Terms and conditions

TERMS OF USE AND SERVICE

1. Introduction

1.1. This is a legal and binding agreement between you, the user (referred to as “User”, “You” or “Your”) of the Programs, as defined below, and Zell Education Private Limited (referred to as “We”, “Us”, “Our” or “Zell”) stating the terms that govern Your use of the Programs and Platform (as defined below).

1.2. Zell offers curated and specially designed certification, upskilling, reskilling, online higher education and industry-relevant diploma programs and career assistance services (“Programs”) through its website www.zelleducation.com (“Website”), mobile apps, Teaching-Learning Process, Learning Management System, Lead Management Systems and Student Management Software (collectively referred to as the “Platform”) and the content, information, services and other materials contained therein (“Services”), which are provided and operated by Zell.

1.3. Please review Our Terms of Use and Service, Privacy Policy and other policies available on the Platform (collectively referred to as the “Terms”) that govern the use of the Platform and Programs. By accessing the Platform, You consent, agree and undertake to abide, be bound by and adhere to the Terms and if You do not agree to these Terms, You are NOT entitled to avail of/ use the Programs and any use thereafter shall be unauthorised. 

1.4. Subject to the Terms and all other rules and policies made available or published elsewhere, Zell hereby grants You a non-exclusive, non-transferrable, non-sublicensable, limited license to use the Platform in accordance with these Terms.

1.5. Each Program may have a separate set of terms dealing with refunds, deferrals, payments, etc. governing such specific Program (“Program Specific Terms”). Our corporate clients may also have executed separate written agreements with Us (“Corporate Client Agreements”). In the event of a conflict between these Terms and the Program Specific Terms and/ or the Corporate Client Agreements, such Program Specific Terms and/ or Corporate Client Agreements will supersede these Terms to the extent of the conflicting provisions.

1.6. These Terms shall also apply to Zell hosted Apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by Zell, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and by accessing the same, You acknowledge that apart from the Terms, You shall also be bound by such third-party service provider’s terms and conditions and agree to abide by the same. Zell shall not be responsible for any disruption of Services caused by such third-party service providers.

1.7. Although You may "bookmark" a particular portion of the Platform and thereby bypass these Terms, Your use of the Platform still binds You to these Terms.

1.8. We may change these Terms from time to time without prior notice. You should review this page regularly. Your continued use of the Platform and Programs after changes have been made will be taken to indicate that You have read and accepted those changes. You should not use the Platform or Programs if You are not happy with any changes to these Terms.

1.9. Zell makes no representations that the Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform, or information, Services or products offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform, or any content or functionality of the Platform or its portions thereof is illegal, is expressly prohibited. If You choose to access the Platform, You agree and acknowledge that You do so on Your own initiative and at Your own risk and that You are solely responsible for compliance with all applicable laws and regulations.

2. User Conduct Policy

2.1. Whether You have enrolled in a Program or are simply browsing the Platform, once You have accessed the Platform or Programs, You shall be considered a ‘User’ for the purpose of these Terms. You are responsible for all Your activities and all activities using Your User Account in connection with the use of the Platform and Programs. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with such use. You shall not resort to any unethical practices while using the Platform.

2.2. You shall not download any Content on or from the Platform/ Programs unless You see a “download” or similar link displayed by Zell for such Content. You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license or otherwise exploit any Content for any other purpose other than as provided herein without the prior written consent of Zell.

2.3. Without limitation, You will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, if any such event does take place, Zell shall not be liable for any loss of data or if the user’s device, computer or any other property is compromised in any manner.

2.4. You acknowledge and agree that Zell has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to You.

2.5. During Your use of the Platform and Programs, You will:

(i) not harass other users, students, attendees, support agents or visitors;

(ii) not create an atmosphere of disharmony and/ or hostility within student groups;

(iii) not cheat on any homework assignment or exams for the Program;

(iv) not post online any secured testing materials;

(v) not share solutions to homework assignments or exams; and

(vi) notify the instructors immediately if You become aware of any other user cheating or breaching these Terms and comply with the requirements of the specific applicable code of conduct, if any, relating directly to a Program into which You are enrolled.

 

3. User Accounts, User Registration and Delivery of Services

3.1. In order to participate in most Platform activities and to apply for a Program, You will need to register for a personal account (“User Account”) by undergoing a verification process to verify Your login credentials such as Your phone number, and/ or by providing an email address and a password that is unique.

3.2. Upon payment of the Program fees – in part or whole, depending on the Program – Zell shall deliver the Program Specific Terms and grant You access to the Program. The invoice may be provided to You along with the email confirmation. 

3.3. Owing to certain exceptional circumstances, if Zell has granted You access to a Program pending payment, and Zell does not receive payments within the stipulated time periods, Zell may, at its own discretion, withdraw Your access to the Program without giving any prior notice.

3.4. Access given to the Products & Services will be removed after the following duration mentioned in the table below.

Validity for ACCA:

Validity - Knowledge Level

 

 

 

 

 

Particulars

1

2

3

4

 

ACCA Lite

6

9

12

18

 

ACCA Premium

6

9

12

18

 

ACCA Pro

6

9

12

18

 

Validity - Skill Level

 

 

 

 

 

Particulars

1

2

3

4

5

ACCA Lite

6

9

12

18

24

ACCA Premium

6

9

12

18

24

ACCA Pro

6

9

12

18

24

Validity - Professional Level

 

 

 

 

 

Particulars

1

2

3

4

5

ACCA Lite

6

9

12

18

 

ACCA Premium

6

9

12

18

 

 

Validity for CFA Level 1:

 

Weekday

Weekend

 

 

Particulars

Pro

Premium 

Lite

Individual Subjects

LMS Access

24 months

18 months

12 months

6 months

 

All Premium & Pro users would be given access to Zell's Products & Services for a limited time as mentioned in the validity table. (3.4)

If a user wants to repeat a particular batch/level, the request for the same should be done via email only on reachus@zelleducation.com . Repeat batches are subject to availability.

3.5. Simultaneous log-ins to the LMS over more than two devices will be construed as a violation of terms of our agreement and will result in denial of LMS access. Please do not share your login credentials with anyone.

3.6. You agree that You are solely responsible for the activities that occur on Your User Account and that You will never divulge or share access to Your User Account with any third party for any reason. You also agree that You will create, use and/or access only one User Account, and that You will not use any User Account other than Your own.


3.7. In setting up Your User Account, You may be prompted or required to enter additional information, including but not limited to Your name and email address. Additional information may be required to confirm Your identity. You agree and confirm that all information provided by You is accurate, current and complete and that You will maintain and update Your information to keep it accurate, current and complete. You acknowledge that if any information provided by You is untrue, inaccurate, not current or incomplete, We reserve the right to terminate Your use of the Platform and/ or Your enrolment into a Program, to the extent applicable.


3.8. In addition to the registration process, as part of Your use of the Platform or participation in the Programs, We may obtain certain information about You and Your performance in the Programs. Some of this information may be Personally Identifiable Information. We may use, maintain and store this information to provide certain Services to You now and/ or in the future, and may share such information with Our Educational Partners or third parties in conjunction with such Services or for the purpose of marketing. For example, as further detailed in Our Privacy Policy, We may share certain materials or information about You with third parties, including Your grades/ scores in Our classes. Notwithstanding Your registration with DND or DNC or NCPR service, You still authorize Us to give You a call, either Ourselves or through any third party service provider for the above mentioned purposes.


3.9. Access to the Programs is restricted to attendees or students who have specifically been granted access by Zell.


3.10. By registering Your User Account, You agree that:

(i) You are registered for the Program only once and You will not set up multiple User Accounts; and 

(ii) You will abide by these Terms and any other Program Specific Terms, as applicable.

3.11. You agree to receive and install updates, as received from Zell from time to time. These updates are designed to improve, enhance and further develop the Platform and Programs and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit Zell to deliver these to You) as part of Your use of the Platform and Programs.

3.12. You must notify Zell immediately of any breach of security or unauthorised use of Your User Account. At no point in time will Zell be liable for any losses caused by an unauthorised use of Your User Account. You shall solely be liable for the losses caused to Zell or others due to such unauthorised use, if any.

3.13. As a Student, in addition to the points above, You agree that You are registering with the intent to complete the assignments, if any, that are relevant and applicable to the Platform or Programs into which You have enrolled.

3.14. Batch Allocation & Transfer Policy- Students are expected to give careful consideration about their ability and willingness to accept allocated batches. Once a student confirms availability for any new allocated batch, and then withdraws for whatsoever reason, will have to wait for the next suitable batch.

3.15. Mode of learning level batch transfer (In certain cases students will have the option to request for change in mode of learning. (online to offline/offline to online)

3.16. Student will inform Zell in writing about the change in mode of learning request with valid reasons.

3.17. Zell will examine the validity of the change in mode of learning request and reasons.

3.18. Subject to availability of the suitable batch and the capacity, Zell will propose the student the options available for change in mode of learning.

3.19. Student will have to pay the change in mode of learning fees for availing the change in mode of learning facility.

3.20. Student Conduct and Discipline Policy – Minimum Attendance of 85% is required and you are expected to be available 5 minutes before your scheduled lecture.

3.21. You are expected to participate in periodical student feedback process for improving service and teaching learning quality.

3.22. Fee Policy - You will be charged 1000/- as penalty if the fees is overdue by three days.

3.23. Further, above delay can attract the temporary suspension to LMS access.

3.24. Further, above delay can attract temporary suspension on attending live online lecture or through classroom mode.

3.25. Furthermore, the above delay can lead to permanent suspension of attending live online lecture or classroom mode and LMS access.

3.26. Dropout Policy – If you are absent for 10 consecutive lecture without prior intimation in writing to Zell, you will be considered as dropouts.

3.27. In case you are a dropout, Zell will revoke access to live online lectures/classroom training and LMS access.

3.28. In this case Zell would not be liable to refund the total fees paid and there is no liability to give any further service.

Study Material:
All Pro & Premium users enrolled with Zell Education would be entitled to receive a hard copy of Zell's content for their respective courses/batches. International students would be liable to bear an additional cost in terms of courier charges in order to receive Zell's content.

 

4. Payment Terms and Refund Policy

4.1. Unless otherwise expressly agreed in writing by Zell, full payment for participation in a Program is required at the time of registration. In the case of Programs that include a trial window of two to three class participation, such trial window shall be made available only after the full payment. During the trial window, upon a request by the student, and to the satisfaction of Zell, Zell may choose to refund the Program Fees paid, subject to deduction of such applicable charges as may be decided by Zell from time to time. Once the trial window is closed, there will be no refund allowed for any reason whatsoever.

4.2. It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment into a Program is non-transferable.

4.3. To make payment for any Program or to purchase any Services or products offered by Zell through the Platform, You must have internet access and a current valid accepted payment method as indicated (Debit Card, Credit Card, Internet banking, Google Pay etc.). Zell does not store any of Your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the Services. By using a third-party payment provider, You agree to abide by the terms of such a payment provider. You agree that in case Zell ’s third-party payment provider stores any such information, Zell will not be responsible for such storage, and it will be solely at Your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by You due to the usage of such information will be solely a loss incurred by You, and Zell is in no way liable for any such losses and is not responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.

4.4. Failure to pay the applicable Program fee may result in withdrawal of Your access to a Program. Zell’s primary currency of payment is INR and any foreign exchange risk would be borne by the applicant. All applicable taxes are calculated based on the billing information You provide to Us at the time of enrolment/ purchase.

4.5. If You have subscribed for a free trial/demo, the free trial period will last for the period of time specified during Your sign-up. Multiple Free trials/demo will not be provided and free trial cannot be clubbed with any other offers which are ongoing during the free trial.

4.6. If you attend 2 live lectures or lesser, 50% of the total fees paid will be refundable. But after 2 lectures or more Zell wouldn’t be liable to give any refund for the total fees paid. The request for refund should be done via email only on reachus@zelleducation.com within 48 hours of attending the 2 nd lecture. Only training fees would be refunded back if eligible. You are fully aware and agree that once 2 lectures are attended for any Program, Service, material from Zell, there is no provision for refund for whatsoever reason. 

4.7. You are fully aware and agree that purchase of ‘Zell Lite Products’ have a ‘Zero Refund Policy’ for any Program, Service, material from Zell, there is no provision for refund for whatsoever reason. 

4.8. In case of the student unable to pay Zell instalments or Finance Partner instalments a detailed policy is earmarked in ‘Annexure A’.


5. Use of Programs

5.1. Zell reserves the right to cancel or reschedule any Program or live lectures/ webinars, or to alter, modify or rearrange the schedule of topics, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. You also understand that Zell, at its sole discretion, may limit, suspend, or terminate Your use of the Platform or Programs and/ or all Zell - provided Services related to the Programs, such as access to Zell coaches or support services, evaluation services, or certifications. You also understand that Zell may modify or discontinue all Services related to its Programs at its sole discretion. You agree that Zell shall not be liable to You or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate Zell to maintain and support the Platform or Programs or any part or portion thereof or any associated Services.

5.2. You agree that Zell shall be under no liability whatsoever to You in the event of non- availability of the Platform or any portion thereof occasioned by Act of God, war, disease, revolution, pandemic/epidemic, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster or any other cause whatsoever beyond the control of Zell.

5.3. If You no longer wish to use any Program, You may terminate Your participation by giving a prior notice to Zell. Participants of Zell online live lectures and webinars shall be provided access to such classes via email. You agree not to share such access with any third party. If You are unable to attend an online live lecture/ webinar, please provide Zell with prior intimation regarding this.

5.4. You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Platform, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services. You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Platform, and You shall be responsible for all charges incurred in connection with the use of the Platform and Program in connection with all such equipment and ancillary services.


6. Educational Partners and Accreditation

6.1. Zell is an education service provider, offering Programs in consultation with affiliated certification programs partners, educational institutions, Indian and International universities, governmental authorities, NGOs, corporates, etc. (each an “Educational Partner”). For a list of Our Educational Partners, please click here.

6.2. Admission to the degree/ diploma programs of an Educational Partner is separate from being accepted into and/ or taking one or more Programs. You agree and acknowledge that nothing in these Terms or otherwise with respect to the use of the Platform or any Program (a) enrolls or registers You in an Educational Partner, or any other school, division, institute or program of, or associated with, an Educational Partner, and (b) allows You to access or use the resources or receive any benefits or privileges of any Educational Partner, beyond the Programs.

6.3. Zell may offer a credential or other acknowledgement for participants who have satisfactorily demonstrated mastery of the Program material. The decision to award any such credential acknowledgement to a given participant will be solely at the discretion of Zell. Zell may choose not to offer any credential or other acknowledgement for some Programs. Zell may decide at its sole discretion whether to provide a record concerning a participant’s performance in a Program. The format of any credential or other acknowledgement, and of any performance, provided by Zell, relating to Programs will be determined by Zell at its sole discretion and may vary from Program to Program.

6.4. You will be awarded a certificate of successful completion of a Program (“Program Certificate”) only upon fulfilling the criteria and requirements of Zell and its Educational Partners. You acknowledge that any such Program Certificate awarded may not be affiliated to any Educational Partner and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner other than as pre-informed or conveyed with respect to any such program, in writing, before the enrolment/purchase.

6.5. You will not receive academic credit from Zell or any other Educational Partner for taking a Program. If You are taking a Program for academic credit or certification as a student of, or otherwise through, an Educational Partner, any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and You may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, Zell  will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for a Program.

6.6. You acknowledge and agree that any Program affiliated with an Educational Partner may be subject to the terms, policies and procedures of the applicable Educational Partner in addition to Zell ’s Terms. Without limiting the foregoing, if You are a student registered or enrolled at, or are otherwise attending, an Educational Partner and are taking a Program for credit or certification through that Educational Partner, You acknowledge and agree that (a) the Educational Partner may have its own terms, policies or procedures regarding Your eligibility to participate in the Program, Your participation in the Program, the requirements or prerequisites for receiving credit or certification for the Program, and/ or Your educational or student records as they may relate to Your participation and performance in the Program, and (b) Your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not Zell .

6.7. Zell would not be liable if the Registration is incomplete due to non- submission/incomplete submission/wrong submission/illegible documents within the specified period defined in 6.8.

6.8. The maximum time for submitting the documents for registration is 15 days after enrolment.

6.9. In case the student has not paid the total training fees Zell will not be responsible for completion of registration for the said Program.

6.10. On successful submission of documents by Zell to the said Institute, in case the Institute takes longer to complete the process, the liability of registration does not lie with Zell.


7. Zell’s Intellectual Property Rights

7.1. “Content” means any and all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials.

7.2. Except as mentioned hereinbefore, the Platform, Programs and related Services are owned and operated by Zell and its licensors. All Content or other material available on the Platform or through the Programs, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively “Zell Content”), are the property of Zell  and/ or its affiliates or licensors, and are protected by copyright, patent and/ or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Platform is the property of Zell and is protected by Indian and international copyright laws.

7.3. Zell logos, trademarks and service marks that may appear on the Platform and in the Program (“Zell Marks”) are the property of Zell and are protected under Indian and foreign laws. All other trademarks, service marks and logos used on the Platforms, Online Courses or Programs, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platforms are protected by trade dress and other Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Zell.

7.4. As a condition of accessing the Platforms and/ or using the Programs, You agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Zell Content or any portion thereof, other than as expressly allowed under these Terms; and (b) use the Zell  Marks or the name, trademarks, service marks, or other materials of any Educational Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.

7.5. Please verify all Content prior to use. In the event you come across any Content that is incorrect, infringing, offensive, indecent or objectionable, please notify Us immediately at the address mentioned at the bottom of this page.

7.6. Additionally, from time to time, Zell (or its third-party service providers, on behalf of Zell) may request users to review Zell Content or beta-test the Platform. The works derived from such activity shall remain the sole and exclusive property of Zell or its third-party service providers, as applicable.

 

8. User Content

8.1. The Platform may allow you to upload forum posts, chat with other users and Zell’s counsellors, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Programs, e.g., questions, hypotheticals, examples, assignments, industry projects, etc. (collectively “User Content”). Zell does not claim ownership of any User Content You may submit or make available for inclusion on the Platform or Programs. Accordingly, subject to the license granted to Zell below, the User will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.

8.2. With respect to any User Content You submit via the Platform or Programs or that is otherwise made available to Zell, You hereby grant Zell  an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, with the right to sub-license such rights (to multiple tiers), for the purpose of Zell’s and/ or its successors’ and/ or affiliates’ business (including for any commercial purpose and in any of its marketing or promotional activities.). Zell reserves the right to remove any User Content at any time and for any reason.

8.3. To the extent that You provide any User Content, You represent and warrant that (a) You have all necessary rights, licenses and/ or clearances to provide such User Content and permit Zell to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between You and Zell, You shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

8.4. Zell does not control the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Zell does not endorse any User Content or any opinion, recommendation or advice expressed therein, and under no circumstances will Zell be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of Your posting or use of any User Content. You are responsible for complying with all the laws and regulations applicable to the User Content.

8.5. You are prohibited from posting the following Content on the Platform:

(i) Content that is fraudulent, indecent, or libellous, or defames, harasses, discriminates against, harms or threatens others;

(ii) Content that discusses illegal activities, with the intent to commit them;

(iii) Content that infringes or misappropriates patents, trademarks, trade secrets, right of publicity, or other intellectual property rights of third parties;

(iv) Content that You do not have the right to disclose;

(v) Profane, pornographic, obscene, indecent or unlawful Content;

(vi) Advertising or any form of commercial solicitation;

(vii) Content related to partisan political activities;

(viii) Content that contains intentionally inaccurate information or that is posted with the intent of misleading others;

(ix) Viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;

(x) Content that consists of any high volume, automated, or electronic means to access the Platform (including without limitation, robots, spiders or scripts);

(xi) Content that violates the rights of other users of the Platform, Programs or related Services; or

(xii) Content that is defamatory, unlawfully threatening or unlawfully harassing; or

(xiii) Content that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

8.6. Zell does not permit copyright infringing activity and infringement of intellectual property rights on its Platforms. Zell shall remove all User Content if properly notified (to the Grievance Officer) that such User Content infringes a third party’s intellectual property rights. Zell reserves the right to remove User Content without prior notice if it has reason to believe that the User Content infringes any copyright or other intellectual property right of a third party.

9. Platform Security

9.1. You are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of Zell, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with Service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”; (d) sending unsolicited emails, including promotions and/ or advertising of products or Services; or (e) forging any TCP/ IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Zell will investigate occurrences that may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from Zell on the Platform and other than generally available third-party web browsers (e.g., Google Chrome or Microsoft Explorer).

 

10. Disclaimer

10.1. The Platform and/ or Programs may contain typographical errors or inaccuracies and may not be complete or current. Zell, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

10.2. The Platform, Programs, and any information or Zell Content are provided on an “as is” and “as available” basis with all faults.

10.3. Zell reserves the right to (i) change, update or discontinue any aspect or feature of the Platform or Programs, including but not limited to the Zell Content or its availability and (ii) refuse access to the Platform or Programs, without any notice to You.

10.4. Zell makes no representations or warranties of any kind, whether expressed or implied, with respect to Zell Content or Services available on or through this Platform and Programs, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Zell makes no warranty that the Services will meet the User’s requirements or that the Services will be uninterrupted, timely, secure, or error free; nor does Zell make any warranty as to the results that may be obtained from the use of the Services, or as to the accuracy or reliability of any information obtained through the Services, or that any defects in the software will be corrected.

10.5. The User understands and agrees that the Zell Content and all other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs is obtained at the User’s own discretion and risk, and that the User will be solely responsible for any damage to the User, the User’s computer system, electronic device or any loss of data that results from the download of such material or data.

10.6. No advice or information, whether oral or written, obtained by the User from Zell or through or from the Services, shall create any warranty by Zell.

10.7. In the event You find that the information provided on the Platform or Programs is incorrect, or if You are the owner of any information or content and wish that such information or content is not displayed on the Platform or Programs, kindly notify Us at the address provided at the bottom of the page.

 

11. Limitation of Liability

11.1. Neither Zell nor any of its Educational Partners, affiliates, employees, directors, officers, agents, vendors or suppliers shall be liable to You or any other person, whether in Tort, Contract, Strict Liability or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform or Programs, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of search results, or computer/ electronic device failure, virus or malfunction. In no event will Zell be liable for any damages in connection with Your enrolment into a Program.

 

12. Site Linking

12.1. The Platform may contain links to pages on other websites that may or may not be owned by Zell (“Linked Sites”). These Linked Sites may contain Content or offer products and/ or services for sale. Zell does not author, edit, censor, control, or monitor these Linked Sites and Zell assumes no responsibility for the same. You acknowledge and agree that (a) We have no responsibility for the accuracy or availability of information provided by Linked Sites; (b) We do not control or endorse the sponsors of such Linked Sites or the Content, products, advertising, or other materials presented on such Linked Sites; and (c) You agree to the terms and conditions, privacy policies and any other practices of the Linked Sites. We may remove links to any Linked Sites from the Platform at any time with or without reason. 

12.2. ZELL WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES.

12.3. We appreciate that Linked Sites may contain material on which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that We have provided links to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.

12.4. You may not establish a link to this Platform from any other website, application, intranet or extranet site without Our prior written consent. If You wish to create links, You may contact Us before doing so. In establishing links, You must not represent in any way, expressly or by implication, that You have received the endorsement, sponsorship or support of Zell, including its Educational Partners, respective employees, agents, directors, officers or shareholders.


13. Indemnity

13.1. You agree to indemnify and hold Zell and its Educational Partners harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, relating to or arising out of (a) Your use or attempted use of the Platforms or Programs in violation of the Terms; (b) Your violation of any law or rights of any third party; or (c) information or Content that You or others post or otherwise make available on the Platform or through any Program, including without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.

 

14. Termination of Rights

14.1. You agree that Zell, in its sole discretion, may deactivate Your account or otherwise terminate Your use of the Platform or enrolment to a Program with or without reason, including, without limitation, if Zell believes that You have (a) breached the Terms or any applicable laws; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorised Content on the Platform; or (d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct. You agree that any deactivation or termination of Your access to the Platforms or Programs may be affected without prior notice to You and that Zell shall not be liable to You nor any third party for any termination of Your account or enrolment into a Program. You also acknowledge that Zell may retain and store Your information on Zell’s systems notwithstanding any termination of Your account or enrolment into the Programs.


15. Miscellaneous Provisions

15.1. By accepting the Terms through Your use of the Platform, You certify that You are 18 years of age or older. If You are under the age of 18 or under the legal age in Your jurisdiction to enter into a binding contract, You may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If You are a parent or legal guardian agreeing to the Terms for the benefit of a child below 18, be advised that You are fully responsible for his/ her use of the Platform, including all financial charges and legal liability that he/ she may incur. 

15.2. By using the Platform, You represent and warrant that You have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein. The Programs are not for the use of individuals under the age of 18 years.

15.3. Zell may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of Your rights or delegate Your obligations under these Terms or any Program-specific terms without the prior written consent of Zell.

15.4. These Terms or any Program Specific Terms shared with You shall be governed by, construed and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Zell, You or any third party to enforce these Terms or any Program- specific terms shared with You, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of Mumbai. Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with You, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended from time to time, before a sole arbitrator to be appointed by Zell. The proceedings shall be conducted in English and the seat for arbitration shall be Mumbai.

15.5. If any provision of the Terms or any Program-specific terms shared with You is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. Zell shall have no liability under these Terms or any Program-specific terms shared with You, to the extent arising from any failure of Zell to perform any of its obligations under these Terms or any Program- specific terms shared with You, due to any force majeure event, including but not limited to fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labour disputes or any other event not within Zell's reasonable control. Zell shall not be responsible for damage or other problems caused by any unauthorised change to these Terms made by way of hacking or cracking this page.

15.6. The failure of Zell to exercise or enforce any right or provision of the Terms or any Program-specific terms shared with You, shall not constitute a waiver of such right or provision. If any provision of the Terms or any Program-specific terms shared with You is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms or any Program-specific terms shared with You, shall remain in full force and effect.

15.7. These Terms or any Program-specific terms shared with You constitute the entire agreement between You and Zell relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Platforms by Zell or through a specific writing between You and Zell.

15.8. Zell may freely transfer or assign any portion of its rights or delegate its obligations under the Terms or any Program-specific terms shared with You. You may not transfer or assign, by operation of law or otherwise, any portion of Your rights or delegate Your obligations under the Terms or any Program-specific terms shared with You, without the prior written consent of Zell, and any such attempted transfer or assignment shall be void and of no effect.

15.9. If You have any concerns or queries, please reach out to Our Grievance Officer. Our Grievance Officer shall undertake all reasonable efforts to address Your grievances at the earliest possible opportunity. You may contact Us at:

Grievance Officer: Anant Bengani
Phone: +91 9930445322 (Timings:10 AM to 5 PM, IST - Monday to Friday, except holidays)
Email: anant@zelleducation.com

15.10. Any notice or communication that may be required to be given to Zell under these Terms or any Program-specific terms shared with You may be sent by writing or emailing to the following addresses:


Zell Education Pvt. Ltd.,
Suman House, Ground Floor,
Morvi Cross Lane, Chowpatty
Mumbai 400007

 

ANNEXURE A:

First, five days delay (from the due payment date 1st to 5th day) for whatever reasons, will attract a penalty of Rs.1000/- 

After 10 days delay (after the due payment date 1st to 10th days) for whatever reasons, Zell reserved the rights to temporarily block the user access to the programs.

Further extension of the delay in payment, for whatever reasons, can be treated as a permanent suspension of the user access to the programs. And the same can be considered as dropout due to payment default. 

After declaring the permanent suspension or dropout due to default of payment, if the user wishes to continue the Program.

Users will have to re-register by paying registration fees. (Applicable after non-payment of fees)

And users will have to pay complete outstanding fees and penalty charges due to delay in payment. 

Zell will reserve the final rigUsers are responsible for providing right and accurate information for the purpose of admission process documentation. Any error rectification request due to wrong and/or inaccurate information provided from Users will be charged separately.   

Users are strictly expected to fulfil their payment schedule commitment, as may be mutually agreed and mentioned on their invoice. 

Users are supposed to receive an invoice at the time of admission and payment receipt within 24 hours, after every transaction. It is the user’s responsibility to bring this to our notice if they don’t receive Invoice or payment receipt in the predefined timeline. 

It will be the user's responsibility to pay their fees on time without any reminders. 

Zell reserves the right to decide about the re-registration of the user in the program.