TERMS AND CONDITIONS OF ACCESS OR USE

Introduction

  1. Ziyyara Edutech Private Limited having its registered office at Plot No. B1/638A, S/F Block-B-1, Janakpuri New Delhi East Delhi DL 110058 (hereinafter referred to as“Ziyyara” ,“we” , “us”, or “our”) and corporate address at A-39, First Floor, I-Area, Amaltash Marg, Block A, Sector 4, Noida, Uttar Pradesh 201301 provides online courses and conducts online classes, live demo, doubt clearing sessions for the students seeking to enroll for such courses (the “Services”), which Services are accessible at www.ziyyara.com and any other websites through which Ziyyara makes the Services available (collectively, the “Site”) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Applications”).
  2. By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Applications, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“Terms of Services” or “Terms”), whether or not you have registered with the Site and/or Application.
  3. This page states the Terms and Conditions under which you (Visitor) may visit this website (“www.ziyyara.com). Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of this Website.

Definition

In addition to other words and expressions that may be defined elsewhere in these Terms, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:

  1. Tuition” means educational tuition classes as listed on the Site or Application.
  2. Tuition Classes” means educational tuition classes as listed on the Site or Application.
  3. Classes” means the class/grade the student is studying, classes that are listed by Ziyyara as available via the Site, Application, and services.
  4. Subject means school subjects, languages that are listed by Ziyyara as available via the Site, Application, and services.
  5. Board” means school boards that are listed by Ziyyara as available via the Site, Application, and services.
  6. Tuition Fees” means the fee payable by a student for being taught by a tutor/teacher.
  7. Collective Content” means Member Content and Ziyyara Content.
  8. Content” means text, graphics, images, software (excluding the Application), audio, video, information, or other materials.
  9. Payment Method“means the ways of paying tuition fees for tuition classes, such as a credit card, debit card, net banking, UPI, Paytm, Stripe, PayUMoney, Payment Gateways, etc.
  10. Student“means a member who enrolls for school tuition classes on Application or Site, in case of minor student the parent or guardian who enroll their child or ward for the tuition classes on Application or Site.
  11. Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), service tax, that Ziyyara may require by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
  12. Tutor/Teacher” means a member who has been hired as a Freelancer Tutor/Teacher by Ziyyara to provide online tuition classes to the students through the Site or Application.
  13. Ziyyara Content“means all Content that Ziyyara makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Student Content.

Terms of Service

  1. By using the Site, Applications or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms, whether or not your profile has been a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined above) and constitute a binding legal agreement between you and Ziyyara.
  2. In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
  3. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal liabilities.
  4. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal liabilities.
  5. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal liabilities.

GDPR Compliance Statement

Ziyyara respects and complies with the EU General Data Protection Regulations (GDPR). Some of the key ways we comply with these regulations are:

  1. Consent

    We explain what you’re consenting to clearly and without ‘legalese’ and ask that you explicitly consent to contact from us.

  2. Breach Notification

    In the event of a breach, we will notify affected users within 72 hours of first having become aware of the breach.

  3. Right to Access

    Users can request confirmation as to whether or not personal data concerning them is being processed, where and for what purpose. Further, we shall provide a copy of the personal data, in an electronic format.

  4. Right to be Forgotten

    Once we have compared your (the subjects’) rights to “the public interest in the availability of the data”, we may delete your personal data where you have requested this.

  5. Data Portability

    We allow you to receive the personal data concerning you, which we will provide in a ‘commonly used and machine-readable format’ and you have the right to transmit that data to another ‘controller’.

  6. Privacy by Design

    We implement appropriate technical and organizational measures, in an effective way and protect the rights of data subjects’. We hold and process only the data absolutely necessary for the completion of our duties (data minimization), as well as limiting the access to personal data to those needing to act out the processing.

Eligibility

Use of the Site, Application and Services is available only to persons who can form legally binding contracts under Indian laws. The Site, Application and Services are intended solely for persons who are 18 years of age or older. If you are below 18, then your parent or guardian can open an account and help you enroll in tuition classes that are appropriate for you. The use of the Site, Application and Services is also not available to persons whose membership has been suspended or terminated by Ziyyara for any reason whatsoever. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.

Usage of Site, Application or Services

  1. The Site, Application and Services can be used to facilitate the Students to enroll for tuition classes. Such tuition classes, subjects are included in Listings on the Site, Application and Services by Ziyyara. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to enroll for the tuition classes, you must first register to create a Ziyyara Account (defined below).
  2. Ziyyara makes available an online platform which provides various online tuition classes for the Students. Unless explicitly specified otherwise in the Ziyyara platform, Ziyyara’s responsibilities are limited to facilitating the availability of the tuition classes through the Site, Application and Services.

Account Registration

  1. In order to access certain features of the Site and Application, and to enroll for tuition classes, you must register to create an account (“Ziyyara Account”)and become a Member. You may register to join the Services directly via the Site or Application or as described in this section. A Teacher is also registered and an account (“Ziyyara Account”) created once selected by Ziyyara for providing services through the Site or Application.
  2. You can also register to join by logging into your account with certain third-party email services (including, but not limited to Gmail; (each such account, a “Third-Party Account”), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Ziyyara Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Ziyyara through the Site, Services or Application; or (ii) allowing Ziyyara to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Ziyyara and/or grant Ziyyara access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Ziyyara to pay any fees or making Ziyyara subject to any usage limitations imposed by such third-party service providers. By granting Ziyyara access to any Third-Party Accounts, you understand that Ziyyara will access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account so that it is available on and through the Site, Services and Application via your Ziyyara Account and Ziyyara Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Ziyyara Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Ziyyara’s access to such Third-Party Account is terminated by the third-party service provider, then third part Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Ziyyara Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. Please note that your relationship with the third-party service providers associated with your third-party accounts is governed solely by your agreement(s) with such third-party service providers. Ziyyara makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Ziyyara is not responsible for any email Content.
  3. Your Ziyyara Account and your Ziyyara Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an email as described above. You may not have more than one (1) active Ziyyara Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Ziyyara reserves the right to suspend or terminate your Ziyyara Account and your access to the Site, Application and Services if you create more than one (1) Ziyyara Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms.
  4. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Ziyyara Account, whether or not you have authorized such activities or actions. You will immediately notify Ziyyara of any unauthorized use of your Ziyyara Account.

Listings

  1. Ziyyara will create Listing of various School Boards along with subjects and classes and the details about the online tuition classes, including, but not limited to, topic, number of sessions, mode of conduct, and time slots of the lectures and pricing and related rules and financial terms will be listed on the Site and the Application. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to Students preferences, ratings.
  2. Students will be able to view School Boards along with subjects and classes via the Site, Application and Services based upon the information provided in the Listing, Students requirements, and Students’ search parameters and preferences. We understand and agree that once a Student requests enrolment for online tuition classes, We may not request the Student to pay a higher price than market standards
  3. Please note that Ziyyara assumes no responsibility for a Student’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Ziyyara reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that Ziyyara, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Ziyyara’s then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
  4. If you are a Teacher, you understand and agree that your relationship with Ziyyara is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint-venture or partner of Ziyyara for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Ziyyara. Ziyyara does not control your offline activities. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Ziyyara, including by inappropriately using any Ziyyara intellectual property.
  5. When you enroll as Teacher for online tuition classes, you will also be required to upload certain information, such as, uploading a profile picture or verifying email and will be required to upload certain documents in reference to qualification, experience and all the required documents. Any Member wishing to enroll for any of the tuition classes must meet these requirements.

No Endorsement

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Ziyyara with respect to such actions or omissions.

Payment Terms

Student’s:

  1. If an enrolment is requested for online tuition classes for any subject of any class via the Site, Application or Services within the period of 2 days from the date of request for online tuition classes, The parent/guardian/family of Student must pay the tuition fee as discussed via call, email, messages, WhatsApp through the available payment methods to Ziyyara before 48 hours of stating the online classes
  2. Upon receipt of the tuition fee, Ziyyara will initiate the tuition classes procedure.
  3. Ziyyara will collect the Course Fees from Students at the time of the enrolment request.
  4. You agree that Ziyyara through its Site or Application would raise system generated invoices to the Student in relation to the online tuition classes for which the Student has enrolled or in relation to any kind of payment done, as per applicable laws. Ziyyara will raise an invoice for the above which shall be inclusive of all applicable Taxes.
  5. You as a Student agree to pay the online tuition Fees for any enrolment requested, in connection with your Ziyyara Account. Ziyyara will collect the online tuition classes Fees pursuant to the Payments Terms.
  6. Once your confirmed enrollment transaction is complete you will receive a confirmation email summarizing your confirmed enrollment.

Teacher’s:

  1. If you register to use the Site and Services as a Tutor and provide Tutor Services via the Site and Services, you may be entitled to receive payment from Ziyyara for the provision of such Tutor Services. Ziyyara pays Tutors on a per hour basis in accordance with the number of hours or partial hours of Tutor Services provided to Users, with hourly rates prorated for partial hours of Tutor Services provided. Hourly rates are set by Ziyyara and may vary depending on the User to whom Tutor Services are provided.
  2. You acknowledge and agree that Ziyyara reserves the right, in its sole discretion, to establish, modify and/or revise the applicable hourly rates upon which Tutor Payments are calculated at any time. Further, you acknowledge and agree that the hourly rates applicable to your provision of Tutor Services may be higher or lower depending on the User to whom such Tutor Services are provided, which may relate to an agreement or arrangement between Ziyyara and a third-party institution. Ziyyara will use reasonable efforts to inform you of the hourly rate applicable to your provision of Tutor Services to a given User, provided that you will only be entitled to payment in accordance with the applicable hourly rate regardless of your awareness of the amounts thereof. Your continued provision of Tutor Services after being informed of the applicable hourly rate shall constitute your consent to such hourly rates upon which any Tutor Payment is calculated. If the modified rates for Tutor Payments are not acceptable to you, your only recourse is to cease providing Tutoring Services via the Site and Services. Ziyyara may from time to time provide certain users with promotional offers and discounts that may result in different amounts being charged by Ziyyara for the provision of Tutor Services obtained through such User’s use of the Site, provided that such promotional offers and discounts have no bearing on the Tutor Payment to which you are entitled to receive.
  3. If any Tutor Payment sent to you by Ziyyara in accordance with these Tutor Terms of Service is later invalidated or reversed for any reason, including, without limitation, in the event that we issue a refund in accordance with Guarantee and Tutor Session Refund policy set forth in the Ziyyara User Terms of Service to a User who requests a refund in respect of Tutor Services received from you (a “Returned Payment”), you will be liable to Ziyyara for the full amount of such Tutor Payment that Ziyyara sent to you and any fees related thereto, and Ziyyara may set off any future Tutor Payments that are validly owing to you against such Returned Payments, failing which you will remain responsible to reimburse Ziyyara in the event of any such Returned Payment.
  4. In order to receive the payments from Ziyyara for the number of tuitions rendered in a particular month, you will be required to share your bank details to transfer your monthly payments through NEFT on the 10th of every month or whatsoever is the next business day, 10th being a bank holiday.
  5. Teacher’s performance review is completely based on the ratings and reviews received from students/parents and the same will be reviewed every six (6) months or sooner depending upon the less ratings received.

Taxes

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by Ziyyara.

User Conduct

  1. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not, and you agree that you will not:
    • violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
    • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;
    • access or use our Site, Application, Services expose or allow to be used or exposed, any Ziyyara Content: (i) that is not publicly displayed by Ziyyara in its search results pages or listing pages before an enrolment is confirmed; (ii) in any way that is inconsistent with the Ziyyara’s Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Ziyyara’s users or any other third party;
    • use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Ziyyara endorsement, partnership or otherwise misleads others as to your affiliation with Ziyyara;
    • dilute, tarnish or otherwise harm the Ziyyara brand in any way, including through unauthorized use of Collective Content, registering and/or using Ziyyara or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Ziyyara domains, trademarks, taglines, promotional campaigns or Collective Content;
    • copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;
    • infringe the rights of Ziyyara or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right
    • interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
    • use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
    • use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
    • “stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as a Ziyyara Student;
    • register for more than one Ziyyara Account or register for a Ziyyara Account on behalf of an individual other than yourself, except in case where the parent is registering the account for its child or guardian for its ward;
    • contact another Member for any purpose other than asking a question related to an Enrolment, online tuition classes, Listing, or the Member’s use of the Site, Application and Services;
    • recruit or otherwise solicit any Member to join third-party services or websites that are competitive to Ziyyara, without Ziyyara’s prior written approval;
    • recruit or otherwise solicit any Member to join third-party services, applications or websites, without Our prior written approval;
    • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
    • use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;
    • use the Site, Application, Services or Collective Content to find a Student and then complete an enrolment of online tuition classes independent of the Site, Application or Services, in order to circumvent the obligation to pay any Fees related to Ziyyara’s provision of the Services or for any other reasons;
    • violate these Terms or Ziyyara’s then-current Policies and or Standards;
    • engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;
    • post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
    • systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
    • use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Ziyyara’s name, any Ziyyara trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Ziyyara’s express written consent;
    • access, tamper with, or use non-public areas of the Site, Application or Services, Ziyyara’s computer systems, or the technical delivery systems of Ziyyara’s providers;
    • attempt to probe, scan, or test the vulnerability of any Ziyyara system or network or breach any security or authentication measures;
    • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Ziyyara or any of Ziyyara’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;
    • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;
    • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;
    • advocate, encourage, or assist any third party in doing any of the foregoing; or
    • accept or make a payment for online tuition classes Fees outside Ziyyara. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Ziyyara harmless from any liability for such payment.
  2. Ziyyara has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Ziyyara may take a range of actions against you, including but not limited to deactivating or canceling Ziyyara Account, for a violation of this Section or these Terms.
  3. Ziyyara will collect the online tuition classes Fees from Students at the time of the enrolment request.3. Ziyyara may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Ziyyara or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of Ziyyara, its users, or members of the public.
  4. You acknowledge that Ziyyara has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
  5. Ziyyara reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Ziyyara, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Reporting Misconduct

If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Ziyyara by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

User Conduct

In order to provide the services to you we collect some of your Personal Information. We describe our collection and use of personal information in our Privacy Policy. Please review this policy. You must agree to the processing of your personal information as laid out in Ziyyara’s Privacy Policy (as may be updated from time to time). You agree that Ziyyara may disclose personal information provided to us, including the data entered into the Website, if required to by law or government request such as a warrant, or as specified in the Privacy Policy. You must be 18 years or older to use this service. You are responsible for preventing unauthorized access to your account.

Additional Terms

Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.

Application License

Subject to your compliance with these Terms, Ziyyara grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use.

Acceptable Website Use

(A) Security Rules

Visitors are prohibited from violating or attempting to violate the security of the website, including, without limitation,

  1. accessing data not intended for such user or logging into a server or account which the user is not authorized to access
  2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization
  3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus or “Trojan horse” to the Website, overloading, “flooding”, “mail bombing” or “crashing”, or
  4. sending unsolicited electronic mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability
  5. The business and / or its associate entities will have the right to investigate occurrences that they suspect as involving such violations and will have the right to involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

(B) General Rules

Visitors may not use the Web Site to transmit, distribute, store or destroy material

  1. That could constitute or encourage conduct that would be considered a criminal offence or violate any applicable law or regulation,
  2. In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or
  3. That is libelous, defamatory, pornographic, profane, obscene, threatening, abusive or hateful.

Indemnity

The User unilaterally agree to indemnify and hold harmless, without objection, the Company, its officers, directors, employees and agents from and against any claims, actions and/or demands and/or liabilities and/or losses and/or damages whatsoever arising from or resulting from their use of www.ziyyara.comor their breach of the terms.

Liability

User agrees that neither Company nor its group companies, directors, officers or employee shall be liable for any direct or/and indirect or/and incidental or/and special or/and consequential or/and exemplary damages, resulting from the use or/and the inability to use the service or/and for cost of procurement of substitute goods or/and services or resulting from any goods or/and data or/and information or/and services purchased or/and obtained or/and messages received or/and transactions entered into through or/and from the service or/and resulting from unauthorized access to or/and alteration of user’s transmissions or/and data or/and arising from any other matter relating to the service, including but not limited to, damages for loss of profits or/and use or/and data or other intangible, even if Company has been advised of the possibility of such damages.

User further agrees that Company shall not be liable for any damages arising from interruption, suspension or termination of service, including but not limited to direct or/and indirect or/and incidental or/and special consequential or/and exemplary damages, whether such interruption or/and suspension or/and termination was justified or not, negligent or intentional, inadvertent or advertent. User agrees that Company shall not be responsible or liable to user, or anyone, for the statements or conduct of any third party of the service. In sum, in no event shall Company’s total liability to the User for all damages or/and losses or/and causes of action exceed the amount paid by the User to Company, if any, that is related to the cause of action.

Disclaimer of Consequential Damages

In no event shall Company or any parties, organizations or entities associated with the corporate brand name us or otherwise, mentioned at this Website be liable for any damages whatsoever (including, without limitations, incidental and consequential damages, lost profits, or damage to computer hardware or loss of data information or business interruption) resulting from the use or inability to use the Website and the Website material, whether based on warranty, contract, tort, or any other legal theory, and whether or not, such organization or entities were advised of the possibility of such damages.