TERMS AND CONDITION
Effective Date: 1 March 2024
1. AGREEMENT TO TERMS
These Terms and Conditions constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”), and TEACHBEATLES SERVICE LLP, operating under the name EngageZap (“EngageZap,” “we,” “us,” or “our”). This agreement governs your access to and use of the website along with any other media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). EngageZap is registered in India, with its registered office located at C-4-C14/8, F, Janakpuri, New Delhi, West Delhi, Delhi, 110058. By accessing the Site, you agree to have read, understood, and accepted all terms and conditions contained herein, as well as the User Agreement posted on the Site, which is hereby incorporated by reference. If you do not agree with all of these terms and conditions, then you are expressly prohibited from using the Site and must discontinue use immediately.
Supplementary terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms and Conditions to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms and Conditions by your continued use of the Site after the date such revised Terms are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms and Conditions prior to you using the Site.
2. INTELLECTUAL PROPERTY RIGHTS
Unless stated otherwise, the Site is our proprietary property. All Content (including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics) and Marks (trademarks, service marks, and logos) on the Site are either owned or controlled by us or licensed to us. They are protected by copyright, trademark, intellectual property, and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and Marks are provided on the Site “AS IS” for informational and personal use only. Except as expressly provided in these Terms and Conditions, no part of the Site, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited for any commercial purpose without our express written permission.
If you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print portions of the Content for personal, non-commercial use. All rights not expressly granted to you are reserved.
3. USER REPRESENTATIONS
By using the Site, you represent and warrant that:
1. All registration information you submit is true, accurate, current, and complete.
2. You will maintain the accuracy of such information and update it as necessary.
3. You have the legal capacity and agree to comply with these Terms and Conditions.
4. You are not under the age of 13.
5. If a minor, you have received parental permission to use the Site.
6. You will not access the Site through automated or non-human means.
7. You will not use the Site for any illegal or unauthorized purpose.
8. Your use of the Site will not violate any applicable law or regulation.
Providing untrue, inaccurate, or incomplete information may result in the suspension or termination of your account.
4. USER REGISTRATION
Registration with the Site may be required. You agree to keep your password confidential and are responsible for all use of your account and password. We reserve the right to remove, reclaim, or change inappropriate, obscene, or objectionable usernames at our sole discretion.
5. FEES AND PAYMENT
We accept Visa and Mastercard as forms of payment. Some services may require a purchase or fee. You agree to provide accurate and current purchase and account information. You further agree to update account and payment information promptly. We bill you through an online billing account, and sales tax will be added to purchases as required. Prices may change at any time. All payments will be in INR/USD.
You agree to pay all charges or fees for your purchases at the prices in effect when the purchases were made. If your purchase incurs recurring charges, you consent to recurring charges without prior approval for each charge until you notify us of cancellation. We reserve the right to correct errors in pricing and to refuse any orders placed through the Site.
6. FREE TRIAL
We provide a 14-day free trial for new users. The account will not be charged during the trial period, and the subscription will be suspended until upgraded to a paid version at the trial’s end.
7. CANCELLATION
You can cancel your subscription at any time by logging into your account or contacting us using the provided contact information. Cancellations take effect at the end of the current paid term. For dissatisfaction with our services, contact us at care@engagezap.com
8. PROHIBITED ACTIVITIES
You are granted access to and use of the Site solely for its intended purpose. Commercial use is restricted to activities expressly endorsed or approved by us. As a user, you agree not to:
1. Retrieve data from the Site to compile databases without our written permission.
2. Attempt to deceive or obtain sensitive account information from us or other users.
3. Interfere with security features, such as disabling or circumventing measures that restrict content use.
4. Harm or disparage us or the Site in any manner.
5. Use information from the Site for harassment or harm to others.
6. Misuse support services or submit false reports of abuse.
7. Violate applicable laws or regulations while using the Site.
8. Engage in unauthorized framing or linking to the Site.
9. Upload or transmit viruses, spam, or other disruptive materials.
10. Engage in automated system use, including scripts or data mining tools.
11. Delete copyright or proprietary rights notices from Content.
12. Attempt to impersonate another user or person.
13. Use the Site for unauthorized competition or commercial endeavours.
14. Sell or transfer your profile.
9. USER-GENERATED CONTRIBUTIONS
The Site may enable you to contribute content, and by doing so, you represent and warrant that:
1. Your Contributions do not infringe on third-party proprietary rights.
2. You own or have necessary licenses, consents, and permissions for Contributions use.
3. You have consent from identifiable individuals in Contributions to use their names or likenesses.
4. Your Contributions are accurate, not misleading, and not false.
5. Contributions do not violate any laws, regulations, or rules.
6. Contributions do not contain offensive, obscene, or harassing content.
7. Contributions do not violate privacy or publicity rights.
8. Contributions do not promote illegal activities or harm minors.
9. Contributions do not contain offensive comments related to race, gender, etc.
10. Contributions comply with these Terms and Conditions.
You retain ownership, and we have a license to use, modify, and distribute Contributions. We may edit or delete Contributions at our discretion.
10. CONTRIBUTION LICENSE
By posting Contributions, you grant us an unrestricted license to use, reproduce, and distribute them for any purpose. This includes the right to create derivative works and sublicense.
You retain ownership and waive moral rights. We are not liable for your Contributions. We may edit or delete Contributions at our discretion.
11. GUIDELINES FOR REVIEWS
When leaving reviews, adhere to the following criteria:
1. Have firsthand experience with the subject.
2. Avoid offensive language or discriminatory references.
3. Do not post false or misleading statements.
4. Do not organize campaigns encouraging reviews.
5. We may accept, reject, or remove reviews at our discretion.
6. Reviews are not endorsed by us, and we are not liable for them.
By posting a review, you grant us a license to reproduce, modify, and distribute the content.
12. MOBILE APPLICATION LICENSE**
Use License
If you access the Site via a mobile app, you are granted a limited, non-transferable right to use it strictly according to these Terms and Conditions. Do not violate laws, modify, or use for unauthorized purposes.
Apple and Android Devices
Terms apply when using mobile apps from the Apple Store or Google Play. You must comply with their terms, and they are third-party beneficiaries of this license.
13.Social Media
Within the operational features of the Site, you have the option to connect your account with third-party service providers through online accounts (each referred to as a “Third-Party Account”). This connection can be established by either: (1) entering your login details for the Third-Party Account on the Site, or (2) permitting us access to your Third-Party Account in accordance with the relevant terms and conditions governing your use of that specific Third-Party Account. You affirm that you have the right to disclose your Third-Party Account login information to us and grant us access, without violating any terms and conditions associated with your use of the Third-Party Account, and without subjecting us to fees or usage restrictions imposed by the third-party service provider. By allowing us access to Third-Party Accounts, you acknowledge that (1) we may access, present, and store (if applicable) any content you have provided and stored in your Third-Party Account (“Social Network Content”) to be accessible on the Site through your account, including friend lists, and (2) we may receive additional information from and submit information to your Third-Party Account as notified during the linking process. Depending on your selected Third-Party Accounts and your privacy settings within those accounts, personally identifiable information you share on your Third-Party Accounts may be visible on your account on the Site. Please be aware that if a Third-Party Account becomes unavailable or our access is terminated by the third-party service provider, Social Network Content may no longer be accessible on the Site. You retain the ability to disconnect your account on the Site from your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS SOLELY GOVERNED BY YOUR AGREEMENT(S) WITH THOSE THIRD-PARTY SERVICE PROVIDERS. We do not review Social Network Content for accuracy, legality, or non-infringement, and we are not responsible for such content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet solely for the purpose of identifying and informing you of contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us or through your account settings (if applicable). We will make reasonable efforts to delete information obtained through such a Third-Party Account, excluding the username and profile picture associated with your account.
14. SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Submissions”) provided by you to us are non-confidential and become our exclusive property. We own the rights, including intellectual property rights, and have the unrestricted right to use and disseminate these Submissions for any lawful purpose, whether commercial or otherwise, without providing acknowledgement or compensation to you. You waive all moral rights to such Submissions and warrant that they are either original or submitted with the appropriate rights. There is no recourse against us for alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
15. THIRD-PARTY WEBSITES AND CONTENT
The Site may contain links to other websites (“Third-Party Websites”) and third-party content (“Third-Party Content”). These Third-Party Websites and Third-Party Content are not reviewed for accuracy, appropriateness, or completeness by us, and we are not responsible for them. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or Third-Party Content does not imply our approval or endorsement. If you choose to leave the Site and access Third-Party Websites or use/install Third-Party Content, you do so at your own risk, and these Terms and Conditions no longer apply. Review the terms, and policies, including privacy practices, of any external website or application you navigate to from the Site. Purchases made through Third-Party Websites are exclusively between you and the third party, and we bear no responsibility for such transactions. You agree that we do not endorse products or services on Third-Party Websites and indemnify us from any harm resulting from your purchases or interactions with Third-Party Content or Websites.
16. U.S. GOVERNMENT RIGHTS
Our services are deemed “commercial items” under Federal Acquisition Regulation (“FAR”) 2.101. If acquired by an agency outside the Department of Defense (“DOD”), they are subject to these Terms and Conditions per FAR 12.212 (for computer software) and FAR 12.211 (for technical data). If acquired by or for a DOD agency, these Terms and Conditions apply per Defense Federal Acquisition Regulation (“DFARS”) 227.7202-3. Additionally, DFARS 252.227-7015 governs technical data acquired by the DOD. This U.S. Government Rights clause supersedes other FAR, DFARS, or other clauses regarding government rights in computer software or technical data under these Terms and Conditions.
17. SITE MANAGEMENT
We reserve the right, but are not obligated, to: (1) monitor the Site for violations of these Terms and Conditions; (2) take legal action against violators, reporting them to law enforcement if necessary; (3) restrict access to, limit availability of, or disable any Contributions or portion thereof at our sole discretion; (4) remove from the Site or disable files and content that burden our systems; and (5) manage the Site to protect our rights and property and ensure its proper functioning.
18. PRIVACY POLICY
We prioritize data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, incorporated into these Terms and Conditions. Note that the Site is hosted in India, and using it means transferring your data to India. If accessing the Site from a region with different data protection laws, you consent to the transfer and processing of your data in India. We do not knowingly collect information from children or market to them, complying with the U.S. Children’s Online Privacy Protection Act.
19. COPYRIGHT INFRINGEMENTS
We respect others’ intellectual property rights. If you believe material on the Site infringes your copyright, notify us promptly using the provided contact information (a “Notification”). A copy will be sent to the person who posted or stored the material. You may be held liable for damages if your Notification contains material misrepresentations, so ensure accuracy. If uncertain about infringement, consider consulting an attorney.
20. TERM AND TERMINATION
These Terms and Conditions apply while you use the Site. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO THE SITE, BLOCK IP ADDRESSES, OR TERMINATE USE FOR ANY REASON, INCLUDING BREACH OF REPRESENTATION, WARRANTY, COVENANT, OR APPLICABLE LAW. WE MAY TERMINATE YOUR USE, DELETE YOUR ACCOUNT AND CONTENT, WITHOUT WARNING. If terminated, you are prohibited from creating a new account. We may take legal action, including civil, criminal, and injunctive remedies.
21. MODIFICATIONS AND INTERRUPTIONS
We retain the right to alter, amend, or remove content from the Site at our sole discretion and without prior notice. While we are not obligated to update information on the Site, we may modify or discontinue the entire Site or its parts at any time. Any such modifications, changes in pricing, suspensions, or discontinuations are not our liability, and we will not be held responsible for any resulting inconvenience, loss, or damage incurred by you or any third party.
The availability of the Site is not guaranteed, and we may experience interruptions, delays, or errors due to hardware, software, or maintenance-related issues. We reserve the right to change, revise, update, suspend, discontinue, or modify the Site without prior notice. By using the Site, you acknowledge that we bear no responsibility for any loss or damage caused by your inability to access or use the Site during any downtime or discontinuance. Nothing in these Terms and Conditions obligates us to maintain, support, or provide corrections, updates, or releases for the Site.
22. GOVERNING LAW
These Terms are governed by the laws of India. TECHBEATLESNSERVICES LLP and its users irrevocably consent to the exclusive jurisdiction of the courts of India for the resolution of any disputes arising in connection with these terms.
23. DISPUTE RESOLUTION
Informal Negotiations
To facilitate a quick resolution and control dispute-related costs, both parties agree to engage in informal negotiations for at least fifteen (15) days before initiating arbitration. This negotiation period begins upon written notice from one party to the other.
Binding Arbitration
Any dispute arising from this contract will be referred to and resolved by the International Commercial Arbitration Court under the European Arbitration Chamber, following its rules. The arbitration shall consist of two (2) arbitrators, , India as the seat of arbitration. The proceedings will be conducted in English, and Indian substantive law will govern the contract.
*Restrictions*
The parties agree that arbitration is limited to individual disputes. No arbitration shall be joined with other proceedings, conducted on a class-action basis, or brought in a representative capacity. Certain disputes, such as those related to intellectual property rights, unauthorized use, or claims for injunctive relief, are exempt from informal negotiations and binding arbitration.
24. CORRECTIONS
The Site may contain information with typographical errors, inaccuracies, or omissions. We reserve the right to correct such errors and update information without prior notice.
25. DISCLAIMER
The Site is provided on an as-is and as-available basis. Your use of the Site and our services is at your sole risk. We disclaim all warranties, express or implied, regarding the Site and its use. We are not liable for errors, personal injury, unauthorized access, or any interruptions in transmission. We do not endorse or assume responsibility for third-party products or services advertised on the Site.
26. LIMITATIONS OF LIABILITY
We, our directors, employees, or agents shall not be liable for any direct, indirect, consequential, or incidental damages arising from your use of the Site. Our liability is limited to the lesser of the amount paid by you to us during the two (2) months prior to any cause of action or $20.00 USD. Certain laws may not allow limitations on implied warranties or certain damages
27. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, or claim arising from your contributions, use of the Site, breach of these Terms, violation of third-party rights, or harmful acts towards other users. We reserve the right to assume exclusive defense of any matter requiring indemnification.
28. USER DATA
While we maintain certain data for Site performance management, you are solely responsible for data transmission and related activities. We are not liable for any loss or corruption of such data.
29. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES**
By using the Site, you consent to receive electronic communications and agree to electronic signatures, contracts, and records. You waive any rights requiring non-electronic records.
30. CALIFORNIA USERS AND RESIDENTS
If an issue is unresolved, California users can contact the Complaint Assistance Unit of the California Department of Consumer Affairs.
31. MISCELLANEOUS
These Terms constitute the entire agreement between you and us. Our failure to enforce any provision does not waive the right to do so later. The terms operate to the fullest extent permissible by law, and we may assign rights and obligations. If any provision is deemed unlawful, void, or unenforceable, it is severable and does not affect the validity of the remaining provisions.
32. CONTACT US
For any questions or comments regarding the Site or these Terms and Conditions, please contact us at:
TEACHBEATLES SERVICES LLP
C-4-C-14/8, F, Janakpuri,
New Delhi, West Delhi, Delhi 110058, India
Email: care@engagezap.com
Phone: +918448740369