Terms & Conditions of Service and Use


1. GENERAL

ZUZU APPS PVT. LTD, a Private Limited Company incorporated under the provisions of the Companies Act 2013, and having its registered office at “101 Navanirman Nagar, Jubilee Hills, Hyderabad 500033, India”, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns). The Company ensures steady commitment to your usage of the Platform and privacy regarding the protection of your invaluable information. This document contains information about the website (https://zuzu.in) and its mobile application hereinafter referred to as the “Platform”.

2. DEFINITIONS

For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
i. “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
ii. “User” shall mean and refer to natural and legal individuals who use the Websites and Mobile Applications and who is of sound mind and competent to make sound and informed decisions. This can include but is not limited to parents, learners, students, children, and teachers.
iii. “Services” shall refer to the services availed on to the platform like extracurricular activities for kids and other related services
iv. “Third Parties” refer to any Application, Company or individual apart from the User and the creator of this Website and Mobile Application and Mobile Application.
v. The term “Platform” refers to the Websites and Mobile Applications provided by the Company.

3. GENERAL TERMS

For the purpose of these Terms of Use (“Terms”), wherever the context so requires,
i. “The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
ii. The use of this Platform by the Users is solely governed by these Terms as well as the Privacy Policy, and any modifications or amendments made thereto by the Company, from time to time, at its sole discretion. If you continue to access and use this Platform, you are agreeing to comply with and be bound by the following Terms and Conditions of Use and Our Privacy Policy. The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
iii. The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms and shall be treated as part and parcel of the same. The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
iv. The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately. If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.

4. SERVICE OVERVIEW

The platform is primarily an online marketplace for K-12 classes primarily extra curricular activities, designed for Parents to find and book classes for the benefit of their child or children, and for Teachers to market, sell and conduct their Classes. As the provider of an online marketplace, Zuzu currently does not own, create, sell, resell, control, or manage any classes. Zuzu’s responsibilities are limited to:
(i) providing the platform as an online marketplace and platform to facilitate the sale, purchase, and conduct of classes, and
(ii) serving as the limited agent of each Teacher for the purpose of accepting payments from a Parent on behalf of the Teacher. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While Zuzu strives to provide a safe and welcoming environment for its Users, you agree that all these risks are ultimately borne by you, and not Zuzu. Zuzu does not control the behavior of Users or the quality of the Classes. As a result, Zuzu cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.

REGISTRATION
The Users will be required to register with Zuzu to access and use certain features of the platform. The required details from the User include, but are not limited to –
i. Name
ii. Address
iii. Email ID
iv. Gender
v. Phone Number

If you choose to register for the Platform, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Platform’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. All registrations on the platform are free of cost and no User shall be charged for any such registration the platform.

5. ELIGIBILITY

a. The User has to be of sound mind and must be capable of making informed decisions after referring to the guides on the Websites and Mobile Applications.
b. In the event of a minor accessing the Websites and Mobile Applications, it would be the responsibility of his/her immediate guardian to monitor the minor’s use, the platform or the Company will not be liable for any consequences.

6. CONTENT

a. All the Content displayed including but not limited to the illustrations, photographs and write-ups on the Platform is created by the Company and is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
b. The Users/Readers can submit their own guides/ write-ups. The same shall be reviewed by the Company before it is displayed on the Website and Mobile Application. The creator of the guide shall be credited as an author but all rights over the content, including but not limited to the copyright shall be vested with the Company.

7. INDEMNITY

The Users undertake to indemnify the Platform and keep it indemnified against all proceedings, claims, expenses, and liabilities whatsoever which may be taken or made against or incurred by the Platform or by reasons of the premises for any comments, feedback or any other form of content created by them, which has been published by the Company on the Platform.

8. TERM & TERMINATION

a. These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
b. A User may terminate their use of the Services and the Platform at any time.
c. The Company may terminate these Terms without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
d. Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
e. It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
f. The Company and its members reserve the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
g. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.

9. COMMUNICATION

a. By using these Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the User hereby agrees and consents to receive calls, e-mails or SMS from the Company or any of its representatives at any time.
b. Users can report to the Company any grievances or suggestions that they have through e-mail, if they find any discrepancy with regard to the information generated on the Platform, the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time that is taken for investigation.

10. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

The User agrees and acknowledges that they are a restricted user of this Platform and that they:
a. Authorize the Platform to use, store or otherwise process certain personal information and all published Content, reviews and ratings, comments and feedback for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
b. Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
c. Expressly agree and acknowledge that the Content displayed on the Platform is for purpose of reference only, under no circumstance shall the User construe the same as expert/ professional advice. The User may, however, report any offensive or objectionable content, which the Company may then remove from the Platform, at its sole discretion.
d. Expressly agrees to make good any losses suffered by the Company or platform which result as a consequence of any act committed by the User including but not limited to acts of fraud, misrepresentation of information provided on the Company as expert advice or posting slanderous or libelous content in the form of comments or feedback.
e. Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Company or Platform shall not be responsible for any resultant losses suffered.
f. Agrees that the platform will be used by him/her solely for non-commercial use and no commercial endorsements will be made on the platform. This includes providing links to other platforms which may or may or may not be competitors of the Company. In the event of detection of commercial activity by a user, the Platform will have the right to bar him from posting further comments or content on the Platform.
g. Further:
a. The User hereby expressly authorizes the Company /Platform to disclose any and all information relating to the User in the possession of the Company /Platform to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft/infringement of intellectual property. The User further understands that the Company /Platform might choose to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial Order, law, regulation or valid governmental request.
b. The User agrees to use the services provided by the Company, its affiliates, consultants, and contracted companies, for lawful purposes only.
c. The User agrees not to post any material on the Websites and Mobile Applications that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, the User agrees not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that:
i. belongs to another person and to which the User has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophile, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
ii. violates any law for the time being in force;
iii. deceives or misleads the other users of the platform

11. INTELLECTUAL PROPERTY RIGHTS

Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s Content which includes but is not limited to trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, illustrations, photographs, write-ups save and other distinctive brand features according to the provisions of these Terms.

12. FORCE MAJEURE

Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.

13. DISPUTE RESOLUTION AND JURISDICTION

a. It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
i. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
ii. Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of Hyderabad.

The Parties expressly agree that the Terms, Policies, and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.

14. GRIEVANCES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to hello@zuzu.in

15. MISCELLANEOUS PROVISIONS

a. Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
b. Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
c. Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
d. Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at hello@zuzu.in

THIRD PARTY WEBSITES

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Zuzu has no control over such sites and resources and Zuzu is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Zuzu will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Zuzu is not liable for any loss or claim that you may have against any such third party.

COPYRIGHT COMPLAINTS

Zuzu respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Zuzu of your infringement claim in accordance with the procedure set forth below.

Zuzu will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Zuzu at hello@zuzu.in.

USER CONDUCT

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Platform or its Services. Zuzu reserves the right to investigate and take appropriate legal action against anyone who, in Zuzu’s sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.

TEACHER OBLIGATIONS

Marketplace Basics: As a Teacher, you must provide Zuzu with any information requested in order for Zuzu to list your Classes through its Services including but not limited to a description of the Classes and the price for the Classes. Zuzu has sole discretion as to which Classes we list on the marketplace and we reserve the right to reject any Classes or remove Classes from the marketplace for any reason. Additionally, Zuzu has discretion to edit Class descriptions as needed to conform them to our marketplace standards. Zuzu has sole discretion as to which Teachers are accepted into the marketplace and we reserve the right to reject any potential Teacher and remove or suspend any Teacher from the marketplace for any reason. Zuzu may, but is not required to, conduct background checks on and interviews of Teachers in its discretion and solely for its own benefit. As a Teacher, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.

Community Standards: When you join the Zuzu community, you agree to follow our policies, including our community standards. Those expectations include thoughtful and professional communications with our community (staff, parents, children), modeling appropriate behavior for our learners, and acting professionally. In addition, you agree to use social media, blogs, and other online forums, in an appropriate manner according to our social media policies. Inappropriate behavior in any Zuzu-affiliated online forum includes, but is not limited to: behavior intended to provoke, bully, demean, or cause harm to others, or to create conflict; or any other posts or content that Zuzu, in its discretion, believes to be unconducive to a respectful and welcoming community for all. Inappropriate behavior in any online forum includes, but is not limited to: posting online or speaking to the media on Zuzu’s behalf without prior written authorization from Zuzu; posts that Zuzu, in its discretion, finds to be offensive or inappropriate based on race, sex, age, gender, sexual orientation, gender identity or expression, national origin, disability or medical condition or any other legally protected characteristic; derogatory, disparaging, or disrespectful comments about learners, teachers, parents, or Zuzu staff, even if the target is not identified by name; sharing any private material, communication, or information regarding parents of learners, including but not limited to students’ or parents’ names, photos, conversations, emails, student academic or performance information, screenshots of student work, or any other personal identifying information; posts that may be harmful to Zuzu’s ongoing business operations; sharing content that contains or promotes hate speech, threats of violence, or the endangerment of children; and any other violation of Zuzu’s community standards.

Teacher Responsibilities: Each Teacher is solely responsible for obtaining all licenses and other permissions required to offer or provide any Classes, and Zuzu assumes no responsibility for a Teacher's failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations. You understand and agree that Zuzu is not an insurer, agent or employer for you as a Teacher. If a Parent purchases any of your Classes, any agreement you enter into with such Parent is between you and the Parent, and Zuzu is not a party thereto. Notwithstanding the foregoing, Zuzu is authorized to serve as your limited agent purely for the purpose of accepting payments from Parents on your behalf and transmitting such payments to you (minus our Fees). You acknowledge and agree that, as a Teacher, you are responsible for your own acts and omissions while using the Services. With the sole exception of students enrolled in the applicable Class, and/or their Parents, you further agree that you will not share any Class Recordings made available to you by Zuzu to any third parties. Allowing other Teachers within your organization to view the Class Recordings, however, is permissible. To the extent that you are using the Services as a Teacher, you agree to abide by the terms of our Teacher Guide.

PAYMENT TERMS

Each Parent agrees to pay all applicable fees for Classes (“Enrollment Fees”) as set forth on the Platform. All Enrollment Fees are payable in the currency specified on the Platform at the time of purchase. You shall be responsible for all taxes associated with the Service. Parent hereby authorizes Zuzu to bill Parent’s payment instrument upon confirmation of a purchase, and Parent further agrees to pay any charges so incurred. If Parent disputes any charges you must let Zuzu know within sixty (60) days after the date that Zuzu charges you.

Teacher Payment: Zuzu will transfer the Enrollment Fees to the Teacher’s authorized payment method for each sale of a Class (or set of Classes, as applicable) from a Parent within a reasonable period of time, minus Zuzu’s service fees (“Zuzu Fee”), according to the schedule and policies detailed in our Teacher Guide. In order to transfer funds to the teacher, the Teacher shall follow the steps listed in the Teacher Guide. Zuzu has discretion to act on behalf of the Parent, and to not transfer the Enrollment Fees to Teacher, if Parent reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where a Teacher did not arrive for a Class or a Class was of insufficient quality. Zuzu will independently review such cases, seeking input from the Parent and/or the Teacher, and may decide at its sole discretion to issue a refund to the Parent. All determinations of Zuzu with respect to a refund shall be final and binding on the Parent and Teacher.

Limited Payment Collections Agent: Each Teacher appoints Zuzu as the Teacher’s limited payment collection agent solely for the purpose of accepting the Enrollment Fees from Parent. Each User agrees that payment of Enrollment Fees by a Parent to Zuzu, as that Teacher’s limited payment collection agent, shall be considered the same as a payment made directly by such Parent to the relevant Teacher and the Teacher will provide the relevant Classes to the Parent, as outlined on the Platform, as if the Teacher had received payment directly. Zuzu, as limited payment collection agent for the Teacher, agrees to facilitate the payment of any Enrollment Fees (less the Zuzu Fee) for Classes pursuant to these Terms of Service unless otherwise agreed between Zuzu and the Teacher. In the event that Zuzu does not remit such amounts, the Teacher will have recourse only against Zuzu.