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Terms and conditions of use

Introduction

Thank you for using Zedua.com. Please read these Terms carefully. These terms and conditions shall govern your use of our website; by using this website, you accept these terms and conditions in full and a legally binding contract with Holy Brains Solutions Pvt Ltd. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

These Terms are effective for all existing and future Zedua users including but not limiting to users having access to ‘school admin dashboard page’ to manage their school activities.

If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our [privacy and cookies policy.

Your use of the Zedua Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

Definition

Users

If you register for an account with our website, you will be asked to choose a user ID and a password, thereby you will be the “user” of Zedua services.

Schools

"School" means the schools listed on Zedua and any related mobile or software applications of Zedua.

Content

Your Content includes and not limiting to all works and materials including without limitation text, graphics, images, audio material, review, video material, audio-visual material, scripts, software and files that you submit to us or our website for storage or publication on, our website. It also includes the ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile.

Posing your content on our website you permit us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

Zedua Content

Zedua content includes content that Zedua creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content.

Third Party Content

Third Party Content includes content that comes from parties other than Zedua or its users and is available on the Services.

License to use website

You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

Zedua and/or its licensors own the intellectual property rights in the website and material on the website. As per the license below, all these intellectual property rights are reserved.

You may view pages, download pages for caching in a web browser, print pages, stream audio, video files and use zedua.com by means of a web browser. You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

Unless you own or control the relevant rights in the material, you are not licensed to:
  • Republish material from our website (including republication on another website);
  • Sell, rent or sub-license material from our website;
  • Show any material from our website in public;
  • Redistribute material from our website
  • Edit, or otherwise Exploit or modify material from our website for a commercial purpose

We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Acceptable use

You may not use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website.

You may not use our website for illegal, unlawful or fraudulent or in connection with fraudulent, illegal or unlawful purpose or activities.

You may not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You may not conduct any systematic or automated data collection activities including but not limiting to scraping, data mining, data extraction and data harvesting on or in relation to our website without Zedua’s express written consent.

You may not violate the directives set out in the robots.txt file for our website.

You may not use data collected from our website for any direct marketing activity including without limitation email marketing, SMS marketing, telemarketing and direct mailing.

You may not access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

User content

Proprietary Rights and Ownership of Zedua Content

Zedua along with our licensors, own and control all the copyright, trademarks, service marks, logos, trade names, trade dress, proprietary rights and other intellectual property rights in our website and the material on our website; and all the copyright and other intellectual property rights in our website and the material on our website are reserved.

You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by us and that you shall not disclose such information without our prior written consent.

You acknowledge that you shall not have right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

You acknowledge that you shall not modify, reproduce, publicly display or exploit in any form or manner whatsoever any of our Content in whole or in part except as expressly authorized by us.

You acknowledge that you shall not use any framing techniques to enclose, remove, conceal, or obliterate any copyright, trademark or logo or other proprietary information of our website.

To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not violate rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services violate upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights.

License to Zedua Content

We permit you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms and conditions. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms.

You may use information made available through the Services solely for your personal, non-commercial use.

You shall not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Zedua Content in whole or in part except as expressly authorized by us.

We do not permit you any other express or implied right or license to the Services, our content or our IP Rights, except as otherwise expressly granted.

Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights violations depending on the circumstances.

License to User Content

Posing your content on our website you permit us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media, including content shared by any business user having access to a ‘school administration page’ to manage activities or otherwise and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future.

You permit us to use, copy, display, distribute, edit, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, and in the case of third party services, allow their users and others to do the same.

You permit us the right to use the name or username that you submit in connection with Your Content. You irrevocably renounce, and cause to be renounced, any claims and assertions of moral rights or attribution with respect to Your Content brought against us or our Users, any third party services and their users.

Representing your Content

You warrant and represent that your content will comply with these terms and conditions.

  • Your content must not be illegal or unlawful, must not violate any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
  • Your content, and the use of your content by us in accordance with these terms and conditions, must not be libelous, maliciously false, obscene or indecent.
  • You content must not violate any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right.
  • Your Content was not copied from or based in whole or in part on any other content, work, or website.
  • Your Content was not submitted via the use of any automated process such as a script bot.
  • You content must not violate any right of confidence, right of privacy or right under data protection legislation or be in contempt of any court, or in breach of any court order.
  • Your content must not be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory
  • You assume whole and sole responsibility of the content posted by you in our website.

Your Content is a Review

You represent and warrant that you are the sole author of that review; the review reflects an actual experience that you had with school; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.

You assume whole and sole responsibility of the content posted by you in our website.

Your Content is an Expert Speak

The content in ‘Expert Speak’, is solely opinion of the ‘Expert’. Zedua is not responsible for any opinions expressed by expert or any user on the website.

Content Removal

We reserve the right at any time and without prior notice to remove, block, or disable access content in any areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

Subject to the law, we are not obligated to return any of your content to you under any circumstances.

We reserve the right to take down any review, which is derogatory, defamatory or hateful or in violation of the Guidelines and Polices and without any substantial evidence.

Third Party Content and Links

Some of the content available through the Services may include or link to materials that belong to third parties, including but not limiting to third party SMS services, School bus GPS tracking services, Sports Coaching Centers, Counselors and Nutritionists.

Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party.

We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources.

We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.

Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders.

In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content.

We assume no responsibility or liability for any of Your Content or any third party content.

You further acknowledge and agree that Zedua is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

User Reviews and Rating

Zedua is a neutral platform, which solely provides a means of communication between users/reviewers including users or School owners/representatives with access to School administrative page.

Reviews and Ratings given by the user on Zedua platform do not reflect the opinion of Zedua.

Zedua receives multiple reviews or ratings for Schools by users, which reflect the opinions of the Users. It is pertinent to state that each and every review posted on Zedua is the personal opinion of the user/reviewer only.

The advertisements published on the Zedua Platform are independent of the reviews received by such advertisers.

We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a review that the school does not consider to be true, the best option for the school representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings.

If the School management believes that any particular user’s review violates any of our policies, the school may write to us at [email protected] and bring such violation to our attention. Zedua may remove the review in its sole discretion if review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services.

Changes to the terms and conditions

Zedua may at its own discretion, vary or amend or change or update these Terms and conditions, from time to time.

You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms.

Your use of Zedua Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

Provision of the services being offered by Zedua

Zedua is a constantly evolving platform, We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

  1. Zedua is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Zedua provides, may require effecting certain changes in it, therefore, Zedua reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
  2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
  3. You acknowledge and agree that if Zedua disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
  4. You acknowledge and agree that while Zedua may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Zedua may set such fixed upper limits at any time, at Zedua's discretion.
  5. By using Zedua's Services you agree to the following disclaimer: The Content on these Services is for informational purposes only. Zedua disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Zedua reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Zedua does not guarantee quality of the Goods, the prices listed in menus or the availability of all menu items at any restaurant. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to Zedua. Please email a takedown request (by using the “Contact Us” link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by Zedua. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Zedua.
  6. Zedua reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the Zedua Platform anytime in future.
  7. Zedua may from time to time introduce referral and/or incentive based programs for its users (Program). These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Zedua Platform terms. Further, Zedua reserves the right to terminate / suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if Zedua determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Zedua Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Zedua reserves the right to modify, cancel and discontinue its Program without notice to the User.

Changes to the terms and conditions

An account must be created in the website in order to use the services, including but not limiting to ‘School administration page’

As a user you are responsible to provide liable User ID and you must not use your account or user ID for or in connection with the impersonation of any person.

You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook, Google+). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us.

You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.

In creating an account and/or claiming your School Administration Page, then you represent to us that you are the owner or authorized agent of such Schools

You represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate

You must not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts, or provide or use false information to obtain access to a school’s listing on the Services that you are not legally entitled to claim.

You acknowledge that any false claiming of a school listing may cause Zedua or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.

By creating an account, you agree to receive certain communications in connection with Zedua Platform or Services. For example, you might receive comments from other Users or other users may follow the activity you do on your account.

Cancellation and suspension of account

We may, suspend your account, cancel your account and/or edit your account details, at any time in our sole discretion without notice or explanation.

Cancellation and suspension of account

This website is provided “as is” without any representations or warranties, express or implied. Your use of services shall be at your own risk.

To the fullest extent permitted by applicable law, we make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services' content and assume no responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, (iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.

Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.

We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services.

No advice or information, whether oral or written, obtained by you from zedua or through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by zedua, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

Limitations of liability

Nothing in these terms and conditions will, limit or exclude any liability for death or personal injury resulting from negligence, limit or exclude any liability for fraud or fraudulent misrepresentation, limit any liabilities in any way that is not permitted under applicable law, or exclude any liabilities that may not be excluded under applicable law.

To the fullest extent permitted by applicable law, in no event shall we be liable to you for

  • any damages resulting from any errors, mistakes, or inaccuracies of content.
  • any unauthorized access to or use of our servers and/or any and all personal information stored therein
  • any interruption or cessation of transmission to or from our servers,
  • any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party
  • any loss of your data or content from the services
  • any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services
  • the disclosure of information pursuant to these terms or our privacy policy
  • your failure to keep your password or account details secure and confidential,

In no event shall the zedua parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

Indemnity

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of Zedua’s legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms and conditions [, or arising out of any claim that you have breached any provision of these terms and conditions].

We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims

You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Breaches of these terms and conditions

Without prejudice to Zedua’s other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deems appropriate to deal with the breach, including but not limiting to

  • suspending your access to the website,
  • prohibiting you from accessing the website,
  • blocking computers using your IP address from accessing the website,
  • contacting your internet service provider to request that they block your access to the website,
  • commence legal action against you, whether for breach of contract or otherwise; and/or
  • suspend or delete your account on our website.

Assignment

You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with Privacy Policy constitute the entire agreement between you and Zedua in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Third party rights

Zedua shall not be liable for any infringement of copyright arising out of materials posted on or transmitted through the Zedua Platform, or items advertised on the Zedua Platform, by end users or any other third parties.

We respect the intellectual property rights of others and require those that use the Services to do the same.

We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others.

We also may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity.

Law and jurisdiction

These terms and conditions shall be governed by and construed in accordance with Indian Law. Any disputes relating to these terms and conditions shall be subject to the [exclusive] OR [non-exclusive] jurisdiction of the courts of India.

Partnership or Agency

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Zedua and you shall have no authority to bind Zedua in any form or manner, whatsoever.

Carrier Rates may apply:

By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.

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