Please read these terms carefully before using GoPhrasing services. By using our platform, you agree to these terms.
The terms and conditions of use of the website and the mobile application 'GoPhrasing' (together the "Platform") made available by Zenith School of Foreign Languages, a sole proprietorship firm, having its registered office at L-63 Shastri Nagar, Delhi 110052, represented through its sole proprietor, Anamika Mahajan ("Zenith") are set out herein.
The Platform has been created by Zenith for users to engage with Zenith in respect of language learning support offered by Zenith. The Platform consequently, enables the users to submit, access and exchange information using the Platform in connection with the said services. You ("you", "your" or "user"), the user of the Platform may browse and review the services offered by Zenith, however, you would be required to register with Zenith by creating a password protected online account and submit the requested information on the Platform, prior to being considered eligible for entering into a contract with Zenith for availing it services.
You hereby, confirm your acceptance to the terms and conditions of use of the Platform ("Platform Terms"). The Platform Terms should be read alongside our Privacy Policy and such other terms and conditions as may be specifically agreed between Zenith and you. If you do not agree to these Platform Terms, including verification, modification or amendments thereof, you must immediately discontinue viewing or participating in this Platform immediately, inter alia by uninstalling the mobile application or closing the webpage window.
Zenith reserves the right to vary, modify or amend the Platform Terms from time to time and any other documents incorporated by reference herein at any time, without notice. Please check the Platform Terms regularly to ensure that you are aware of any variations made by us to these Platform Terms. If you continue to access or use the Platform, you are deemed to have accepted such variations. If you do not agree to such variations, you should not use the Platform. You are required to utilize the Platform strictly in accordance with these Platform Terms.
Depending on the version of the mobile application you have downloaded, these Platform Terms incorporate applicable app store provider's terms and conditions and privacy policies. If there is any conflict between these Platform Terms and the terms and conditions of the app store provider, then these Platform Terms shall prevail.
You must be at least 18 years of age to access and use the services rendered by Zenith, including, the Platform. Provided, however, the user who is less than 18 years of age shall be permitted to access and use the services rendered by Zenith with the consent of his/ her legal guardian, who shall be and absolutely responsible for ensuring adherence to the Platform Terms by his/ her ward.
Zenith hereby grants you a non-exclusive, non-transferable, revocable licence to use the Platform for your personal, non-commercial use and only on a device as permitted by the applicable app store and in accordance with the Platform Terms. All other rights in the Platform are reserved by Zenith.
In the event of your breach of the Platform Terms, Zenith will be entitled to terminate the licence immediately.
You acknowledge that your agreement with your network provider shall apply to your use of the Platform. You acknowledge that you may be charged by the network provider for data services while using certain features of the Platform or any such third-party charges as may arise and you accept responsibility for such charges. If you are not the bill payer for the device being used to access the Platform, you shall be assumed to have received permission from the bill payer for using the Platform.
As a prerequisite for availing technology driven services rendered by Zenith and for being considered eligible for entering into a contract with Zenith you would be required to become a member by creating a password protected online account on the Platform. In order to create the online account, you would be required to submit details such as name, email address, password and such other information as may be requested by Zenith. Apart from the foregoing information, additional information, including details such as age, gender, name of legal guardian, present and permanent addresses, phone number, education qualification, education institution studying at, employment details, KYC documents and sensitive personal information (for example, password of your online account created on the platform, personal identification details, including biometric information, financial data, medical records and history, sexual orientation, political and religious beliefs) may be requested by Zenith, which would be solely utilised in furtherance of the services rendered by Zenith. You hereby agree to provide true and accurate information to Zenith supported by valid documents, wherever applicable, and no information provided to Zenith shall be misleading or false. You, particularly undertake to not misrepresent or impersonate yourself as another user of the Platform and/ or the services offered through the Platform.
Zenith may also provide you the option to open the online account using your existing social network account for example, Gmail, LinkedIn or Facebook etc. You shall be solely responsible for safeguarding passwords of your online account and/ or third-party sites at all times. You shall be solely responsible for all activity that occurs on your online account and you shall forthwith notify Zenith regarding any breach of security or any unauthorized use of your online account. You also agree to use the online account solely in connection with services rendered by Zenith to its members and shall not utilise it for any other purpose, unless specifically authorised by Zenith in writing.
Zenith shall not in any manner be directly or indirectly liable for any loss or damages, whether, direct, indirect, remote or consequential caused to you on account of unauthorised use of your online account. Provided, however, you be liable to indemnity Zenith on account of any loss or damages caused to Zenith due to unauthorised use of your online account due to your negligence.
During the period you continue to maintain the online account with Zenith, you shall maintain accuracy of the information shared with Zenith and shall also forthwith inform Zenith regarding change in any information previously submitted, failing which you shall be deemed to have mislead or concealed information from Zenith, which may result in suspension or termination of your membership by Zenith.
The information relating to accommodation listed on the Platform is provided on an 'as is' and 'as available' basis without any promises or representations, express or implied. It is also clarified that mere opening of account or making payment or any part thereof towards booking of the accommodation or for availing services rendered by Zenith would not constitute a binding agreement between you and Zenith. Provided, however, you would be entitled to refund of the amounts paid to Zenith, subject to deduction of applicable charges. You are advised to refer to the terms and conditions relating to the refund of payments made in the General Terms & Conditions.
You hereby represent that the information, including sensitive personal information shared by you through the Platform, whether at the time of opening of the online account or thereafter, during the period you maintain an online account with Zenith, is owned by you or have absolute legal right to share the same with Zenith. You, therefore, grant unqualified permission to Zenith to collect, store, use or dispose any information submitted by you with Zenith as per the terms and conditions agreed herein. Zenith, however, does not guarantee any confidentiality with respect to any of the foregoing content shared by you with Zenith, whether or not such submitted content is published by Zenith. Provided, however, your sensitive personal information shall be stored and utilised only in connection with services availed by your from Zenith through the Platform and shall be kept confidential in accordance with applicable Indian laws.
Zenith does not claim ownership of the contents submitted by You on the Platform. You agree that information shared by you on the Platform from time to time, except sensitive personal information and contact details (unless specifically permitted by you) may be accessible by third party. You agree that the information has been shared on a non-proprietary and non-confidential basis. You agree to pay for all royalties, fees, and any other monies owed to any person by reason of any content shared by you to or through the Platform. You further, agree that Zenith shall be free to use or disseminate such content on an unrestricted basis for the purpose of providing the services.
You further, acknowledge that save and except the sensitive personal information and contact details (unless specifically permitted by you), any other information shared by you on the Platform from time to time, including in the nature of feedback, suggestions, post, upload, input or submission may be shared by Zenith or its affiliated entities on their respective platforms or with third parties for improvement, promotion, marketing of services rendered by Zenith without any obligation to pay licence, royalty or fee of any other nature either to you or any person claiming ownership or rights over such information.
You may remove your submitted content from the Platform at any time. If you choose to remove your submitted content, the license granted above will automatically expire.
The Platform may contain links, plugins or promotions to other sites or resources on the internet that are owned or controlled by third parties. These links are provided solely for improvement, promotion, marketing of services rendered by Zenith and do not constitute an endorsement or recommendation by Zenith, its affiliates of such third-party site, resources, content, products or services offered therein. Any concerns regarding the foregoing should be directed to the relevant third party and Zenith shall not be 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 third party linked content, plugin or promotions. You further acknowledge Zenith does not assure continuity of hosting of third-party link, plugin or content on its Platform and reserves the right to remove content of third parties without any prior notice to you. In the event you are directed to any third-party platform, the terms and condition of your relationship with such third party shall be governed by the terms and conditions of use of such third party on a principal to principal basis without creating any agency relationship between you and Zenith.
Zenith may offer you the facility to pay for the booking of the accommodation or for availing services rendered by Zenith using any of the permitted electronic/ online mediums, as may be permitted under law. The services for payment electronically may be offered through a third-party payment gateway. Zenith does not assure that such facility would be mandatorily available or your preferred payment mode would be made available at the payment gateway. The electronic payment facility shall be made available for payments to be made in Indian currency only.
In case you opt to make payment through the facility provided by the third party payment gateway, you would leave the Platform and would be redirected to the website/ application of the third party service provider. Upon being redirected, you would no longer governed by the Platform Terms or the Privacy Policy. You are advised to refer to the terms of use and other policies of the third-party payment gateway in connection with the services rendered by them, particularly in connection with collection and handling of personal information by the services provider. Any personal information relating to you, which is collected by service provider, during the users visit on such website/ application is not governed by this Policy.
Any dispute relating to success of a transaction between you and the third party service provider shall be raised by you with third party service provider. Zenith shall not be in any manner responsible for any discrepancy or deficiency relating to success of any transaction carried out by you on the website/ application of the third party service provider, to the extent such payment has not been credited to the account of Zenith.
Unless otherwise specified, the Zenith name and logo, copyright and all intellectual property rights in all material presented on the Platform (including but not limited to text, audio, video or graphical images, data), trademarks and logos appearing on the Platform are the property of Zenith, its proprietor, affiliates and associates. Other trademarks, service marks, graphics and logos used in connection with the Platform are the trademarks of their respective owners. You shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content available on the Platform, in whole or in part. Further, you shall not upload, post or otherwise make available on Platform any material protected by copyright, trademark or other proprietary right without the express permission of Zenith and the owner of the copyright, trademark or other proprietary right, if applicable. The burden of determining whether any material is not protected under applicable law solely rests with Zenith. You would be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.
You are encouraged to write to Zenith regarding your complaints, suggestions and feedback in respect of the contents on the Platform, the services offered by Zenith or your experience as a member in the feedback / service request / other option in the mobile app or by email to zenithschoolofforeignlanguages@gmail.com, instead of publishing it at the first instance on any social media platform. You further agree to not post or publish anything libellous, disparaging, unlawful, or anything, which violates any law, third-party rights or these Platform Terms on any social discussion forum of the Platform.
Further, Zenith does not provide any assurance that any unsolicited feedback or ideas suggesting introduction of new services, technologies, processes, promotion etc. or improvement in existing services would be implemented. Further, introduction of any new service or change, improvement or upgradation of existing services or change in Platform interface shall remain exclusive intellectual property of Zenith. You agree to not claim any ownership, royalty, licence rights over the foregoing, in the event in your opinion there is similarity between your unsolicited feedback and the new service offered by Zenith or improvement thereof or change in Platform user interface.
You agree not to use the Platform in any way that:
Zenith may at its sole discretion and without giving any prior notice, remove any content or information published by you on the Platform, which in the opinion of Zenith violates these terms and conditions.
You agree to indemnify Zenith for any breach of these Platform Terms. Zenith reserves the right to control the defence and settlement of any third-party claim for which you shall indemnify Zenith under these Platform Terms and you shall assist us in exercising such rights.
The information shared by you on the Platform, including the sensitive personal information shall be strictly utilised in accordance with the Platform Terms and such other terms as may be mutually agreed between you and Zenith. Without prejudice to the foregoing, Zenith shall store and utilise your information, including the sensitive personal information in accordance with applicable Indian laws. You, acknowledge that Zenith may disclose your information including sensitive personal information if required under law or for enforcement of its rights under the agreement entered into between you and Zenith for availing the services officer by Zenith.
Zenith may change or discontinue the Platform at any time without prior notice. Zenith reserves the right to suspend, downgrade or terminate your online account for any reason, without notice. Upon suspension or termination of your online account, including in case you chose to terminate or delete your online account, you shall immediately stop using the Platform.
These Platform Terms are agreed between You and Zenith. No third person shall have any rights under or in connection with these Platform Terms under any applicable laws. You shall not assign, transfer, sub-contract or novate any of your rights and obligations agreed herein to any person without prior written consent of Zenith.
If you have any questions regarding the Platform, you can email us gophrasing@gmail.com