The domain name, Website and the Apps are owned, registered and operated by Frank & David Labs Private Limited, a private company incorporated under the (Indian) Companies Act, 2013, and having its registered office at F. NO B5, NATWEST VISTAS, P.NO 4 TO 11. KALKI NAGAR, AGS COLONY, VELACHERY, CHENNAI - 600042 (hereinafter referred to as “ZyNerd” or “us” or “we” or “our” or “Company”).
These Terms and Conditions apply to all Users of the ZyNerd Platform. The platform shall also include any other service or application that ZyNerd introduces from time to time.
ZyNerd Platform is an online platform that supports and guides Under Graduate, and Post Graduate aspirants with Counselling information and guidance. The platform acts as an information aggregator and translator which collates Counselling information and expertise available in the public domain, verifies, validates, and translates it into Organized structured information to make it easy for you. Such information uploaded in the ZyNerd Platform shall hereinafter be referred to as “Organized Content”.
You agree and acknowledge that ZyNerd has no control over and assumes no responsibility for the source of Content and only acts as an intermediary for sharing available information in a translated visual form. By using the ZyNerd Platform, you expressly relieve ZyNerd from any and all liability arising from the Organized Content.
The ZyNerd Platform may include or contain links to any third-party websites or counselling websites that may or may not be owned or controlled by ZyNerd. ZyNerd has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, ZyNerd will not and cannot censor or edit the content of any third-party site. By using the ZyNerd Platform, you expressly relieve ZyNerd from any and all liability arising from your use of any third-party website or services.
You agree and acknowledge that ZyNerd shall have the right at any time to change or discontinue any aspect or feature of the ZyNerd Platform, including, but not limited to, the Organized Content, period of availability and the equipment or devices needed for access or use. Further, Zynerd may discontinue disseminating any portion of information or category of information may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
ZyNerd reserves the right to refuse access to the ZyNerd Platform, terminate Accounts, remove or edit contents without any notice to You.
In order to access some of the features of the ZyNerd Platform, you may have to create your account with ZyNerd. You agree and confirm that you will never use another User's account nor provide access to your account to any third-party. When creating your account, you confirm that the information so provided is accurate and complete. Further, you agree that you are solely responsible for the activities that occur on your account, and you shall keep your account password secure and not share the same with anyone.
You must notify ZyNerd immediately of any breach of security or unauthorized use of your account. At no point in time will ZyNerd be liable for any losses caused by any unauthorized use of your account, you shall solely be liable for the losses caused to ZyNerd or others due to such unauthorized use, if any.
ACCESS, PERMISSIONS AND RESTRICTIONS
ZyNerd hereby grants you permission to access and use the Zynerd Platform as set forth in these Terms and Conditions, provided that:
You agree not to distribute any medium in any part of the ZyNerd Platform or the content without ZyNerd's prior written authorization.
You agree not to use or launch any automated system, including without limitation, “scrapers”, “robots,” “spiders,” or “offline readers,” that accesses the ZyNerd Platform in a manner that sends more request messages to ZyNerd's servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Notwithstanding the foregoing, ZyNerd grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. ZyNerd reserves the right to revoke these exceptions either generally or in specific cases at any time with or without providing any notice in this regard.
You agree not to collect or harvest any personally identifiable information, including account names, from the ZyNerd Platform, nor to use the communication systems provided by the ZyNerd Platform (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the ZyNerd Platform with respect to the Organized Content.
You may post reviews, comments and other content; send other communications; and submit suggestions, ideas, comments, questions or other information as long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringement of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any other form of spam.
Further, you give ZyNerd limited, royalty free, worldwide, non-exclusive license to use the Organized Content and communication in developing its ZyNerd Platform and in any of its marketing or promotional activities.
In addition to the general restrictions mentioned above, the following limitation and conditions shall apply to your use of the Organized Content.
Organized Content is provided to you on an AS IS basis. You may access the Content for your information and personal use solely as intended through the provided functionality on the ZyNerd Platform and as permitted under these Terms and Conditions. You shall not download any Organized Content unless you see a “download” or similar link displayed by ZyNerd on the ZyNerd Platform for that Organized Content.
You shall not copy, reproduce, make available online or electronically transmit, publish, adapt, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Organized Content for any other purposes other than as provided herein without the prior written consent of ZyNerd or the respective owners of the Organized Content. ZyNerd reserves all rights not expressly granted in and to the ZyNerd Platform and the Organized Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the ZyNerd Platform or features that prevent or restrict use or copying of any Organized Content or enforce limitations on use of the ZyNerd Platform or the Organized Content therein.
You understand that when using the ZyNerd Platform, you will be accessing Organized Content from variety of sources and by different Counselling authorities, Regulatory boards, educational and legal websites, and that ZyNerd is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content.
You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against ZyNerd with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless ZyNerd, its owners, operators, and affiliates, to the fullest extent allowed by law regarding all matters related to your use of the ZyNerd Platform.
CONTENT AND CONDUCT
As a ZyNerd User, you may submit Content on the ZyNerd Platform, including User comments or responses in discussion forums. You understand that ZyNerd does not guarantee any confidentiality with respect to any content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing such Content on the ZyNerd Platform.
You further agree that the Content you submit on the ZyNerd Platform will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant ZyNerd all of the license rights granted herein.
Furthermore, you confirm that the Content uploaded by you is not:
False, inaccurate or misleading;
Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
Violate any law, statue, ordinance or regulation;
Defamatory, unlawfully threatening or unlawfully harassing;
Obscene or contain pornography.
Contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You understand and confirm that you shall not during your use of the ZyNerd Platforms at any time post or publish any content, comments or act in any way which will amount to harassment of any other User. If at any given point it comes to the notice of ZyNerd that you are engaged in any kind of harassment of other Users, then in such a case you agree that ZyNerd shall have the sole right to suspend/terminate your account with immediate effect and without any notice of such suspension or termination and we also reserve the right in our sole discretion to initiate any legal proceedings against you in such cases.
ZyNerd reserves the right to remove any Content without prior notice if it has reason to believe that the Content infringes on another's intellectual property rights, or any copyright.
You shall be solely responsible for your own Content and the consequences of submitting and publishing such Content on the ZyNerd Platform.
ZyNerd - INTELLECTUAL PROPERTY RIGHT
The ZyNerd Platform, the processes, and their selection and arrangement, including but not limited to all text, graphics, User interfaces, visual interfaces, sounds and music (if any), artwork and computer code on the ZyNerd Platform is owned and controlled by ZyNerd and the design, structure, selection, coordination, expression, look and feel and arrangement of such content mentioned hereinabove is protected by copyright, patent and trademark laws, and various other national and international IPR laws and regulations.
Unless otherwise indicated or anything contained to the contrary, or any proprietary material owned by a third-party and so expressly mentioned, ZyNerd owns all IPR to and into the trademark “ZyNerd”.
The mark “ ZyNerd” is the sole property of ZyNerd. Reproduction in whole or in part of the same is strictly prohibited unless used with an express written permission from ZyNerd.
Any refunds that are to be processed shall be processed in accordance with ZyNerd's refund policy. Till the time the packages are launched, ZyNerd shall be receiving voluntary contributions from users. Voluntary contributions thus received shall be not be towards any services provided by ZyNerd or to be provided by ZyNerd at any point in time during the future, and do not fall under the refund policy. ZyNerd shall not accept any claim whatsoever for any refund of voluntary contributions received, or for provision of services, or access to packages against the voluntary contributions.
When you visit ZyNerd Platform or send email to us, you are communicating with us electronically. By communicating with us, you consent to receive communication from us electronically. We will communicate with you by email, text message updates, or posting notices on ZyNerd Platform. You agree that all agreements, notices, disclosures, disclaimers, offers and other communications that are provided to you electronically satisfy any legal requirement that such communication should be in writing.
TERMINATION OF ACCOUNT
ZyNerd will terminate a User's access to the ZyNerd Platform, if
the User is a repeat copyright infringer;
the Users breaches any terms of these Terms and Conditions.
your use of the ZyNerd Platform disrupts our business operations or affects any other party/ User; or
you have behaved in a way, which objectively could be regarded as inappropriate or unlawful or illegal or which would bring any claims against ZyNerd.
You agree that your use of the ZyNerd platform shall be at your sole risk. To the fullest extent permitted by law, ZyNerd, its Officers, Directors, employees, and agents exclude all warranties, express or implied, in connection with the ZyNerd platform and your use thereof. To the fullest extent permitted by law, ZyNerd excludes all warranties, conditions, terms or representations about the accuracy or completeness of the user content or the content of any sites so linked and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of user content or any content on ZyNerd, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the ZyNerd platform, (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 ZyNerd platform, (iv) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the ZyNerd platform by any third party, and/or (v) any errors or omissions in any user content or any other content or for any loss or damage of any kind incurred as a result of the use of any user content or any other content that is posted, emailed, transmitted, or otherwise made available via the ZyNerd platform.
ZyNerd does not warrant, endorse, guarantee, or assume responsibility for any user content or ZyNerd platform advertised or offered by a third party through the Zyerd platform or any hyperlinked services or featured in any banner or other advertising, and ZyNerd will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of user content or services. As with the purchase of a package or a service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
LIMITATION OF LIABILITY
To the fullest extent permitted by law, in no event shall ZyNerd, its 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 Content or any other content available at ZyNerd, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our ZyNerd 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 ZyNerd platform, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our ZyNerd platforms by any third party, and/or (v) any errors or omissions in any user 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 ZyNerd platform, whether based on warranty, contract, tort, or any other legal theory, and whether or not ZyNerd is advised of the possibility of such damages.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless ZyNerd, its parent corporation, 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 ZyNerd Platform; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your 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 ZyNerd Platform.
ELIGIBILITY TO USE AND ACCEPTANCE OF TERMS AND CONDITIONS
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. If you are under 18 years of age, then please talk to your parents or guardian before using the ZyNerd Platform.
ZyNerd reserves the right to refuse access to use the ZyNerd Platforms to any Users or to suspend and/or terminate access granted to existing registered Users at any time without according any reasons for doing so.
We provide these Terms and Conditions with our ZyNerd Platform so that you know what terms apply to your use. You acknowledge that we have given you a reasonable opportunity to review these Terms and Conditions and that you have agreed to them. You agree and acknowledge that your use of the ZyNerd Platform is subject to the most current version of the Terms and Conditions made available on the ZyNerd Platform at the time of such use.
ZyNerd 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 the 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.
INFORMATION TECHNOLOGY ACT
You are advised not to post any information or messages that are, or that may be construed, as being malicious , defamatory, inappropriate, slanderous, pornographic or otherwise sexually oriented or that makes attacks on or the otherwise opines or comments on any individuals or groups of individuals, educational institutions or any other entities whatsoever (whether companies, firms, or any other institutions). You also agree not to post any information to which you do not have copyrights or other appropriate permissions to post in public forum. Your failure to comply with these terms may result in removal of your postings without prior notice to User. The IP address of all posts is recorded to aid in enforcing these conditions.
Certain laws require to maintain data with respect to the ZyNerd Platform and other personal information in a prescribed format and ZyNerd will use all the information to the extent required in compliance with the applicable laws and as may be directed or amended from time to time.
GOVERNING LAW AND JURISDICTION
The Terms and Conditions are governed by and constructed in accordance with the laws of India, without reference to conflict of laws principles and you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts located in Chennai, Tamil Nadu, India.
MODIFICATION, AMENDMENT OR TERMINATION
ZyNerd may, in its sole discretion, modify or revise these Terms and Conditions and policies at any time, and you agree to be bound by such modifications or revisions. Your continued use of the ZyNerd Platform post any modification of the Terms and Conditions shall be taken as your consent and acceptance to such modifications. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
If any part of these Terms and Conditions is unlawful, void or unenforceable, that part of will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Any notice required to be given in connection with the ZyNerd Platform shall be in writing and sent to the registered office of ZyNerd. We do not guarantee continuous, uninterrupted or secure access to the ZyNerd Platform, and operation of the ZyNerd Platform may be interfered by numerous factors outside our control. Headings are for reference purpose only an on no way define, limit, construe or describe the scope or extent of such section. Out failure to act with respect to any breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Please read the purchase terms and conditions carefully before purchasing any of the plans, as once you have purchased you cannot change, revert your purchase. Once you have purchased and have made the required payment, it shall be final and there cannot be any changes or modifications to the same and neither will there be any refund.
For any consumer support or grievances write to us at firstname.lastname@example.org.