Privacy Policy
Terms & Conditions
Cancellation & Refund
Terms & Conditions
Last Updated : Oct 13, 2023
Welcome to zwink.in’s Terms & Conditions
M/s. Teenesy Private Limited, a private company incorporated and registered in India and having its registered address at 11/109A, Main Road, Sri Ranga Narayana Puram, Tirunelveli 627106 (hereinafter referred to as “Company”) and is operating its business under the brand name ZWINK(hereinafter referred to as “Brand Name”). We have designed a platform under the Brand Name to offer you services of as described in these terms through our website zwink.in(hereinafter referred to as “Website”). This Terms of Use (hereinafter referred to as “Terms of Use”) is our commitment towards your trust and we intend to provide you with the finest Services (defined later) through our Website and Application. This Terms of Use lays down all the terms and conditions surrounding the usage of our Website and Application for you and the company .
Upon usage, registration, or even browsing to our Website and Application creates a contractual relationship between you and the Company through this Terms of Use and other relevant policies, for all contractual, legal, and compliance purposes. This Terms of Use is considered a legally binding agreement and is also considered as an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
1. Definition and Interpretation
1.1 Definition
1.1.1.Applicable Laws - shall mean and refer to all the laws, rules, ordinances, by-laws, etc., and amendments thereafter, applicable within the territory of India.
1.1.2.Content – shall mean and refer to all the text, advertisement, graphics, User interfaces, visual interfaces, photographs, trademarks, logos, brand names, descriptions, sounds, music, and artwork.
1.1.3.Third Parties – shall mean and refer to all the legal entities either individual or entity linked on the Website or Application apart from the Users and the creator of this Website and Application.
1.1.4.Service – shall mean and refer to the services as described in Clause 2.
1.2 Interpretation
1.2.1.Company – For the purposes of this Terms of Use, wherever the context so requires, “We”, “Our”, and “Us” shall mean and refer to the Company and its owned Website.
1.2.2.Platform – For the purposes of this Terms of Use, the Website, unless specified otherwise in this Terms of Use.
1.2.3.User - For the purposes of this Terms of Use, wherever the context so requires, “You”, “Your”, “Yourself”, “User”, and “Customer” shall mean and refer to natural and legal individuals who shall be users of this Website/Application provided by Us and who is competent to enter into binding contracts, as per law.
1.2.4.The headings of each section in these Terms of Use are only for the purpose of organizing the various provisions under these Terms of Use in an orderly manner and shall not be used by you to interpret the provisions contained herein in a manner as may apply to you. Further, it is specifically agreed by you that the headings shall not have legal or contractual value on your usage of the Website and Platform.
1.2.5.The Parties shall refer and mean the Company and User together, for the purpose of interpretation of terms of this Terms of Use.
1.2.6.The use of this Website and Application is solely governed by these Terms of Use, Privacy Policy, and any other relevant policies as updated on the Website and any modifications or amendments made thereto by us from time to time, at our sole discretion. If you as a User continue to access and use this Website and/or Application, you are agreeing to comply with and be bound by the following Terms of Use, Privacy Policy, and any other applicable policies, thereof.
1.2.7.You expressly agree and acknowledge that these Terms of Use and Privacy Policy, and any other applicable policies, are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other.
1.2.8.You unequivocally agree that these Terms of Use, Privacy Policy, and any other applicable policies, constitute a legally binding agreement between us, and that you shall be subject to the rules, guidelines, policies, terms, and conditions applicable to your use of the Platform, and that the same shall be deemed to be incorporated into these Terms of Use and shall be treated as part and parcel of the same. You acknowledge and agree that no signature or express act is required to make these Terms of Use and the Privacy Policy binding on you and that your act of visiting/browsing any part of the Website and/or Platform constitutes your full and final acceptance of these Terms of Use, Privacy Policy, and any other applicable policies.
1.2.9.We reserve the sole and exclusive right to amend or modify these Terms of Use without any prior permission or intimation to you, and you expressly agree that any such amendments or modifications shall come into effect immediately. If you do not adhere to the changes, you must stop using the Website and/or Application at once. Your continued use of the Website and/or Application will signify your acceptance of the changed Terms of Use.
2. Platform and Services on the Platform
2.1Broadening Scope of Involvement: Zwink provides users with opportunities to expand their engagement and participation with the relevant stakeholders.
2.2Zwink's Collaborative Social Media Feature: Zwink includes a collaborative social media feature that enables users to engage and interact with each other based on mutual interests. This feature allows users to:
2.2.1Create Posts: Users can create posts to share their thoughts, ideas, and updates with the Zwink community.
2.2.2Like and Comment: Users have the ability to like and comment on posts shared by other users, fostering a sense of collaboration and conversation.
2.2.3Share Content: Users can easily share interesting and relevant content within the platform, promoting knowledge exchange and collective engagement. This collaborative social media feature aims to encourage meaningful interactions, facilitate knowledge sharing, and foster a sense of community among Zwink users.
2.3Courses: Zwink offers a comprehensive range of educational courses to cater to the diverse learning needs of its users. These courses are designed to provide valuable knowledge and skills in various fields of study. Here are some additional points elaborating on the courses provided by Zwink:
2.3.1Wide Range of Subjects: Zwink's course catalog covers a broad spectrum of subjects, including but not limited to science, technology, arts, humanities, business, and more. This ensures that users can find courses aligned with their interests and academic pursuits.
2.3.2Expert Instructors: The courses on Zwink are developed and delivered by experienced instructors who are experts in their respective fields. They bring their expertise and passion for teaching to create engaging and high-quality learning experiences.
2.3.3Interactive Learning Materials: Zwink's courses incorporate interactive learning materials such as videos, presentations, quizzes, and assignments. These resources enhance the learning experience, enabling users to grasp concepts effectively and apply their knowledge.
2.3.4Self-Paced Learning: Users have the flexibility to learn at their own pace. The courses on Zwink are designed to accommodate different learning styles and allow users to progress through the content at a speed that suits them best.
2.3.5Progress Tracking and Assessments: Zwink provides tools to track users' progress throughout the courses. Regular assessments and quizzes help users evaluate their understanding of the material and gauge their learning progress.
2.3.6Certification and Accreditation: Upon successful completion of a course, users may receive certificates to validate their achievements. Zwink ensures that the certificates issued for its courses maintain credibility and are recognized within relevant industries or educational institutions.
2.3.7Ongoing Updates and New Courses: Zwink continuously updates its course offerings to stay relevant and cater to evolving educational needs. New courses are regularly added, providing users with fresh learning opportunities. By providing diverse and interactive courses with expert instructors, Zwink empowers its users to acquire new knowledge, enhance their skills, and pursue their educational aspirations effectively.
2.4Career Guidance: Zwink offers comprehensive career guidance services to support users in making informed decisions about their professional paths. The career guidance feature includes the following elements:
2.4.1Assessments and Self-Reflection: Zwink provides assessments and self-reflection exercises to help users identify their strengths, interests, values, and goals. These tools assist users in gaining self-awareness and understanding their unique career preferences.
2.4.2Career Exploration: Zwink offers resources and tools for exploring various career options. Users can access information about different industries, job roles, and career paths to expand their knowledge and make informed choices.
2.4.3Skill Development: Zwink provides guidance on developing essential skills required in the job market. Users can access resources, tutorials, and learning materials to enhance their skills and stay competitive in their chosen fields.
2.4.4Networking Opportunities: Zwink facilitates networking opportunities for users to connect with professionals, mentors, and industry experts. Users can participate in online communities, discussion forums, and virtual events to expand their professional network.
2.4.5Professional Development Resources: Zwink offers resources and recommendations for ongoing professional development. Users can access learning materials, webinars, and industry-specific resources to stay updated and advance in their careers.
The career guidance services provided by Zwink aim to empower users with the knowledge, skills, and resources needed to make informed career decisions, navigate the job market successfully, and achieve their professional goals.
We strive to provide accurate and up-to-date information about various career sectors. However, Zwink cannot guarantee the completeness, accuracy, or reliability of the information presented. Users are encouraged to verify details independently before making any career-related decisions.
Zwink does not guarantee the success, outcome, or results of any career choices made based on the information provided. Career paths are influenced by numerous factors, and individual results may vary.
Users are solely responsible for any decisions or actions taken based on the information provided by Zwink. Zwink is not liable for any loss, damage, or inconvenience arising from the use of our app.
The career guidance services provided by Zwink aim to empower users with the knowledge, skills, and resources needed to make informed career decisions, navigate the job market successfully, and achieve their professional goals.
We strive to provide accurate and up-to-date information about various career sectors. However, Zwink cannot guarantee the completeness, accuracy, or reliability of the information presented. Users are encouraged to verify details independently before making any career-related decisions.
Zwink does not guarantee the success, outcome, or results of any career choices made based on the information provided. Career paths are influenced by numerous factors, and individual results may vary.
Users are solely responsible for any decisions or actions taken based on the information provided by Zwink. Zwink is not liable for any loss, damage, or inconvenience arising from the use of our app.
2.5SPOTLYTE (hereinafter referred to as “Brand Name”) Spotlyte is a platform under the Brand of Teenesy and Zwink that offers you services as described below.
Events Area: Events area provides students with an interactive platform to explore, participate in, and stay informed about a wide range of activities and events. Here is an elaboration on the features and benefits of the events area:
Events Area: Events area provides students with an interactive platform to explore, participate in, and stay informed about a wide range of activities and events. Here is an elaboration on the features and benefits of the events area:
2.5.1Diverse Event Categories: Events area covers a diverse range of categories such as workshops, seminars, webinars, conferences, competitions, networking sessions, cultural events, and more. This ensures that students have access to a variety of events suited to their interests and aspirations.
2.5.2Event Listings and Details: The events area showcases comprehensive event listings with detailed information including event descriptions, dates, times, locations (online or physical), registration requirements, and any associated fees. Users can easily browse through the listings and choose the events they wish to participate in.
2.5.3Event Participation: Our platform allows students to participate in events directly through the platform. Depending on the event type, students may be able to register, RSVP, or purchase tickets, enabling seamless access and participation.
2.5.4Community Engagement: By participating in events, students can actively engage with the Zwink community, exchanging ideas, sharing experiences, and collaborating with peers. This helps foster a sense of belonging and community spirit among students using the platform.
2.5.5Event Decisions and Ticket Liability
2.5.5.1Any decision made by the event organiser and Spotlyte management regarding event participation, eligibility, rules, and related matters will be final and binding. Participants agree to abide by these decisions and accept them as part of their participation in the event.
2.5.5.2Zwink, as the platform facilitating event publication, does not assume any liability for tickets acquired through unauthorized sources or outside the official channels designated by the event organizer. Participants acknowledge that tickets acquired from unauthorized sources may be counterfeit, invalid, or subject to additional terms and conditions imposed by the unauthorized seller.
2.5.5.3Participants are responsible for ensuring the authenticity and validity of tickets obtained for events through official channels endorsed by the event organizer. Any issues, disputes, or concerns regarding ticket authenticity, validity, or other related matters should be addressed directly with the authorized ticket seller or the event organizer.
2.5.5.4Zwink does not guarantee the accuracy, completeness, or availability of event information or the services provided by event organizers. Participants acknowledge that Zwink acts solely as a platform for event publication and does not endorse or verify the content, quality, or execution of the events listed on the platform.
2.5.5.5Participants understand and accept that their participation in events listed on Zwink or Spotlyte is at their own risk. Zwink or Spotlyte shall not be held liable for any damages, losses, injuries, or claims arising from participation in or attendance at events listed on the platform.
2.5.5.6By using the Zwink platform and participating in events listed therein, participants agree to comply with the decisions made by event organizers Zwink and Spotlyte management and acknowledge that Zwink or Spotlyte shall not be responsible for any fake tickets acquired elsewhere.
Zwink's events area is designed to enrich the student experience by offering a platform to explore, participate in, and benefit from a wide range of activities and events. It serves as a gateway to learning, networking, skill development, and community engagement, enabling students to make the most of their educational journey.
3. Compliance
This Terms of Use is made in accordance with the provisions of the Information Technology Act, 2000 and the rules thereinunder, along with the amendment from time to time. This Terms of Use is published on the Platform in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 and Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 of Information Technology Act, 2000 amended through Information Technology Amendment Act, 2008 that require publishing the Terms of Use and practices for access and usage of any functional Website and Application.
4. Registration
4.1Registration on the Platform is mandatory for Website/Applicaton users. The Users can register by providing the following information:
4.1.1Name
4.1.2Phone Number (*Mandatory); and
4.1.3Email ID:
4.1.4Gender
4.1.5Date of Birth
5. Eligibility
5.1You represent and warrant that you are competent and eligible to enter into legally binding agreements and of competent age and that you have the requisite authority to bind yourself/themselves to these Terms of Use as per the Applicable Law. However, if you are a minor using this Website and/or Application, you may do so with the consent of your legal guardian. All Acts of the minor shall be deemed to be considered as the acts undertaken under the supervision of their legal guardian.
5.2You further represent that you will comply with these Terms of Use and all applicable local, state, national, and international laws, rules, and regulations.
5.3You shall not use the Website if you are not competent to enter into a contract or are disqualified from doing so by any other Applicable Laws, rule, or regulation, currently in force.
6. Payment Gateway
6.1.For making all payments for Services on the Website, you shall redirected to a Third-Party payment gateway with which we may have an agreement. The Third-Party payment gateway may additionally seek information from you to process the payment for your purchase and additionally may charge you the payment gateway charges that may be applicable, as per their terms and conditions. You shall be governed under the concerned payment gateway’s terms and Conditions and other policies for the purpose of all payment-related aspects. We hold no responsibility for any act, omission, or negligence towards you on the Third-Party payment gateway.
7. Content
7.1.General: All the Content is generated/provided or based on information provided by the Users or Third Parties. We have no control and make no guarantees regarding the quality, accuracy, integrity, and/or genuineness of such Content or such other information provided on the Platform.
7.2.All the Content displayed on the Platform is subject to copyright. It shall not be reused by You (or a Third-Party) without the prior written consent from the Company and the copyright owner.
7.3.You are solely responsible for the integrity, authenticity, quality, and/or genuineness of the Content provided by you on the Platform, and whilst feedback and comments by You can be made via the Website, we bear no liability whatsoever for any feedback or comments made by the other Users or made in respect of any of the Content on the Platform. Further, the Company reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Company or to terminate the account of any User who is found to have created or shared or submitted any Content or part thereof that is found to be untrue/ inaccurate/ misleading/ offensive/ vulgar. You shall be solely responsible for making good any financial or legal losses incurred through the creation/ sharing/ submission of Content or part thereof that is deemed to be untrue/ inaccurate/ misleading/ offensive/ vulgar.
7.4.You have a personal, non-exclusive, non-transferable, revocable, limited privilege to access the Content on the Platform. You shall not copy, adapt, and modify any Content without written permission from the Company .
8. Indemnity
8.1You agree to indemnify, defend and hold harmless the Company, and our respective directors, officers, employees, and agents (hereinafter collectively referred to as "Parties"), from and against any losses, liabilities, claims, damages, demands, costs, and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, any breach or non-performance of any representation, warranty, covenant, or agreement made or obligation to be performed by you according to these Terms of Use. Further, you agree to hold the Company harmless against any claims made by any Third-Party due to/ or arising out of, or in connection with:
8.1.1Your use of the Website/Application;
8.1.2Your violation of these Terms of Use;
8.1.3Your violation of any rights of another Parties, Users, and/or Third-Party;
8.1.4Your alleged improper conduct according to these Terms of Use; and
8.1.5Your conduct in connection with the Website and/or Application.
8.2.In no event shall we be liable to compensate you or any Third Party for any special, incidental, indirect, consequential, or punitive damages whatsoever, including those resulting from loss of use, data, or profits, whether or not foreseeable, and whether or not you had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence, or other tortuous action, or any other claim arising out of or in connection with your use of, or access, or availing Services from or materials contained therein on the Website.
9. Limitation of Liability
9.1.We are not responsible for any consequences arising out of the following events:
9.1.1.if the Website is inoperative/non-responsive due to any connectivity errors associated with the internet connection such as but not limited to slow connectivity, no connectivity, server failure;
9.1.2.if you have fed incorrect information or data or for any deletion of data;
9.1.3.if there is an reasonable delay or inability to communicate through email;
9.1.4.if there is any deficiency or defect in the Services which is not managed by the Company; and
9.1.5.if there is a failure in the functioning of any Service provided under the website by third party vendors/ merchants.
9.2.The Website accepts no liability for any errors or omissions, on behalf of itself, or for any damage caused to you, your belongings, or any Third-Party, resulting from the use or misuse of the website or any Service provided under the website through third party vendors. The Service and any Content or material displayed of the Services are provided without any guarantees, conditions, or warranties as to its accuracy, suitability, completeness, or reliability.
10. Term
10.1.These Terms of Use shall continue to form a valid and binding agreement between us and shall continue to be in full force and effect until you continue to access and use the Website/Application.
10.2.You may terminate your use of the Website and/or Application at any time, as per the process specified under this Terms of Use.
10.3.We may terminate these Terms of Use with you and close your account at any time without notice and/or suspend or terminate Your access to the Website and/or Application at any time and for any reasons, if any discrepancy or legal issue arises.
10.4.Such suspension or termination shall not limit our right to take any other action against you that we consider appropriate.
11. Termination
11.1.Upon a alleged breach of the terms of Use, We reserve the right, in our sole discretion, to unilaterally terminate Your access to the Website, or any portion thereof, at any time, without notice or cause.
11.2.We also reserve the universal right to deny access to You, to the Website without any prior notice/explanation to protect the interests of the Website and/or other Users to the Website.
12. Communication
12.1.By using this Website/Application and providing your identity and contact information to the Company through the Website and/or Application, you agree and consent to receive e-mails or SMS from us and/or any of its representatives at any time.
12.2.You can report to support@zwink.in if you find any discrepancy with regard to Website or Content-related information and we will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
12.3.You expressly agree that notwithstanding anything contained hereinabove, you may be contacted by us relating to any Services availed by you on the Website or anything pursuant thereto and you agree to indemnify us from any harassment claims. It is expressly agreed to by you that any information shared by you shall be governed by the Privacy Policy.
13.User obligations and formal undertakings as to conduct:
You agree and acknowledge that you are a restricted user of this Platform and you:
13.1.agree to provide genuine credentials whenever required on the Website/Application. You shall not use a fictitious identity. We are not liable if you have provided incorrect information;
13.2.agree to ensure the Name, Email address, Phone Number, and any such other information that may be provided and is valid at all times and you shall keep your information accurate and up-to-date;
13.3.You agree that you are solely responsible for maintaining the confidentiality of your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason;
13.4.understand and acknowledge that the data submitted is manually entered into the database of the Platform. You also acknowledge the fact that data so entered into the database is for easy and ready reference for us, and to streamline the Services through the Website and/or Platform;
13.5.authorize the Platform to use, store, or otherwise process certain personal information and all published Content, responses, locations, User comments, reviews and ratings for personalization of Services, marketing and promotional purposes, and for optimisation of User-related options and Services;
13.6.understand and agree that, to the fullest extent permissible by law, the Platform or any of their affiliates or their respective officers, directors, employees, agents, licensors, representatives, operational service providers, advertisers or suppliers shall not be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from the use of the Platform or this Terms of Use, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages;
13.7.are bound not to cut, copy, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or obtained from the Platform. Any such use/limited use of the Platform will only be allowed with the prior express written permission;
13.8.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. The use of deep-link, robot, spider or other automatic devices, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or its Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, or to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform will lead to suspension or termination of your access to the Platform. We disclaim any liabilities arising concerning such offensive Content on the Platform; and
13.9.expressly agree and acknowledge that the Content generated by the Users and displayed on the Platform is not owned by the company and that we are in no way responsible for the Content of the same. You may, however, report any offensive or objectionable content, which we may then remove from the Platform, at our sole discretion.
You further undertake not to:
13.10.engage in any activity that interferes with or disrupts access to the Platform or the Services provided therein (or the servers and networks which are connected to the Platform);
13.11.impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
13.12.probe, scan, or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. The User may not reverse look-up, trace, or seek to trace any information relating to any other User of, or visitor to the Platform, or any other viewer of the Platform, including any User account maintained on the Platform not operated/managed by the User, or exploit the Platform or information made available or offered by or through the Platform, in any manner;
13.13.disrupt or interfere with the security of, or otherwise cause harm to the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked Platform;
13.14.use the Platform or any material or Content therein for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Platform or any other Third-Party(ies);
13.15.violate any code of conduct or guideline which may apply for or to any particular Service offered through the Platform;
13.16.violate any applicable laws, rules, or regulations currently in force within or outside India;
13.17.violate any portion of these Terms of Use or the Privacy Policy, including but not limited to any applicable additional terms and conditions of the Platform contained herein or elsewhere, whether made by amendment, modification, or otherwise;
13.18.commit any act that causes the Company to lose (in whole or in part) the Services of its Internet Establishment ("ISP") or in any manner disrupts the Services of any other supplier/service provider of the Platform;
13.19.you hereby expressly authorize the company to disclose any and all information relating to you in our possession to law enforcement or other government officials, as we may in our 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. You further understand that the Platform might be directed to disclose any information (including the identity of persons providing information or materials on the Platform) as necessary to satisfy any judicial order, Applicable Law, regulation or valid governmental request;
13.20.by indicating your acceptance to use any Services offered through the Platform, you are obligated to complete such transactions after making payment. You shall be prohibited from indicating their acceptance to avail Services where the transactions have remained incomplete;
13.21.you agree to use the Services provided by the company, our affiliates, consultants and contracted companies, for lawful purposes only;
13.22.you agree to provide authentic and true information. We reserve the right to confirm and validate the information and other details provided by you at any point in time. If upon confirmation such details are found to be false, not to be true (wholly or partly), we shall in our sole discretion reject the order and debar you from using the Platform without prior intimation whatsoever;
13.23.you agree not to post any material on the Platform that is defamatory, offensive, obscene, indecent, abusive, or needlessly distressful, or advertising any goods or services. More specifically, you agree not to host, display, upload, update, publish, modify, transmit, or in any manner share any information that
13.23.1.belongs to another person and to which you have no right to;
13.23.2.is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
13.23.3.is in any way harmful to minors;
13.23.4.infringes any patent, trademark, copyright or other proprietary rights;
13.23.5.violates any Applicable Law for the time being in force;
13.23.6.deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing; abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
13.23.7.impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
13.23.8.publish, post, disseminate, any grossly harmful information, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; and
13.23.9.threatens the unity, integrity, defence, security, or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other natio
14. Suspension of User access and activity
14.1.Notwithstanding other legal remedies that may be available, we may in our sole discretion, limit your access and/or activity by immediately removing your access credentials either temporarily or indefinitely, or suspend/terminate your association with the Platform, and/or refuse to the usage of the Platform, without being required to provide you with notice or cause:
14.1.1if you are in breach of any of these Terms of Use, Privacy Policy, or any other applicable policies;
14.1.2if you have provided wrong, inaccurate, incomplete or incorrect information; and
14.1.3if your actions may cause any harm, damage or loss to the other Users or the company, at our sole discretion.
15. Intellectual Property Rights
15.1.Unless expressly agreed to in writing, nothing contained herein shall give you a right to use any of the trade names, trademarks, service marks, logos, domain names, information and other distinctive brand features, save according to the provisions of these Terms of Use that shall be available on the Platform. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by either the Platform or such other Third-Party and other distinctive brand features of the Platform are the property of the Platform or the respective copyright or trademark owner. Furthermore, concerning the Platform, we shall be the exclusive owner of all the designs, graphics and the like, related to the Platform.
15.2.You shall not use any of the Intellectual Property displayed on the Platform in any manner that is likely to cause confusion among existing or prospective users of the Platform, or that in any manner disparages or discredits the Platform, to be determined in the sole discretion.
15.3.You are aware all Intellectual Property, including but not limited to copyrights, relating to said Services resides with the owners, and that at no point does any such Intellectual Property stand transferred from the aforementioned creators. You are aware that we merely provide the Platform through which you can communicate with other Users and the Platform does not own any of the Intellectual Property relating to the independent Content displayed on the Platform, apart from created graphics and specified Content.
15.4.You are further aware that any reproduction or infringement of the Intellectual Property of the aforementioned owners by you will result in legal action being initiated against you by the respective owners of the Intellectual Property so reproduced/infringed upon. It is agreed to by you that the Contents of this section shall survive even after the termination or expiry of these Terms of Use and/or Privacy Policy.
16. Disclaimer of Warranties and Liabilities
16.1.You agree that any kind of information, resources, activities, or recommendations obtained/availed from the Platform, written or oral, will not create any warranty and we disclaim all liabilities resulting from these.
16.2.We do not guarantee that the features and content contained in the Platform will be uninterrupted or error-free, or that the Platform or its server will be free of viruses or other harmful components, and you hereby expressly accept any associated risks involved with your use of the Platform.
17. Force Majeure
17.1.We will not be liable for damages for any delay or failure to perform our obligations hereunder if such delay or failure is due to cause beyond our control or without our 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.
18. Dispute Resolution And Jurisdiction
18.1.Notwithstanding the existence of a Dispute, the Parties must continue to perform their obligations under this Agreement.
18.2. Negotiation: In the event of a Dispute, the Party claiming there is a Dispute must give written notice to the other Party or Parties to the Dispute setting out the details of the Dispute and proposing a resolution (Dispute Notice). Within 10 Business Days after receipt of the Dispute Notice, each relevant Party must (if applicable by its senior executives or senior managers who have authority to reach a resolution on its behalf) meet at least once to attempt to resolve the Dispute in good faith. All aspects of every such conference, except for the occurrence of the conference, will be privileged.
18.3. Mediation: If the relevant Parties are unable to resolve the Dispute with 30 Business Days after receipt of the Dispute Notice, any Party involved in the Dispute may (by written notice to the other Parties) submit the Dispute to mediation administered by the Legal Service Authority. The costs of mediation are to be split between the relevant Parties, provided that each Party will bear its own costs in relation to the mediation.
18.4. Arbitration:. If the Dispute has not been settled within 45 Business Days after the appointment of a mediator, or such other period as agreed in writing between the Parties, the Dispute may be referred by any Party involved in the Dispute (by written notice to the other Parties) to Arbitration under the Indian Arbitration and Conciliation Act, 1996. The seat of Arbitration shall be at Tirunelveli.
19.Miscellaneous Provisions
19.1. Entire Agreement: These Terms of Use, read with the Privacy Policy and Disclaimer form the complete and final contract between us with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written, or otherwise) relating thereto.
19.2.Waiver: Waiver: The failure at any time to require the performance of any provision of these Terms of Use shall in no manner affect our right at a later time to enforce the same. No waiver by us of any breach of these Terms of Use, 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 of Use.
19.3. Severability: If any provision/clause of these Terms of Use 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 of Use shall in no way be affected or impaired thereby, and each such provision/clause of these Terms of Use shall be valid and enforceable to the fullest extent permitted by Applicable Law. In such case, these Terms of Use 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.
19.4. Links to Third Parties: The Services may contain links to third-party websites (“Third-Party Websites”) and apps (“Third-Party Apps”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party App or Third-Party Ad, we will not warn you that you have left the Services and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Apps and Third-Party Ads are not under the control of the Company. Company is not responsible for any Third-Party Websites, Third-Party Apps or Third-Party Ads. Company provides these Third-Party Websites, Third-Party Apps and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Apps or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Apps and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Apps, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
19.5. Governing law and jurisdiction: This Agreement is governed by the laws of India. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in Tirunelveli and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.
19.6. Contact Us: If you have any questions about these Terms of Use, the practices of the Website, or your experience, you can contact us by emailing us at support@zwink.in
