Terms and Conditions

Date of last published version: 01/08/2024

This document is an electronic record in terms of (i) Information Technology Act, 2000; (ii) the rules framed there under as applicable; and (iii) the amended provisions pertaining to 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.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms for access or usage of www.Zenitedu.com (the "App").

The App is owned and operated by Jagrati Ed – Tech Private Limited ("Company"), a private limited company, incorporated under the provisions of the Companies Act, 2013 and having its registered office at VK Palace, 2^nd Floor, 2^nd Cross, 10^th Main, Shankar Nagar, Mahalakshmi Layout, Bangalore, Karnataka – 560096.

These terms of usage ("Terms") govern your use of the App and services provided therein "Services"). By using or visiting the App, or by using any content or information provided as part of the App/Services, you shall be deemed to have read, understood, and accepted to be bound by these Terms. If you do not agree to these Terms, do not use this App/Services. Because these Terms are a legal contract between you and Zenit, it is important that you review the Terms carefully before accessing or using the App. These Terms are not intended to alter in any way or limit the terms or conditions of any other agreement that you may have with Zenit, including without limitation the privacy policy ("Privacy Policy").

For the purpose of these Terms, wherever the context so requires "You", "Your", "Customer" or "User" shall mean any natural person who uses the App for availing the Services. The term "We", "Us", "Our", "Zenit", “Jagrati” shall mean the Company, its employees, and authorised agents that perform any services on the Company's behalf.

We reserve the right to make changes to these Terms at any time. Any such modifications will become effective immediately upon posting to the App and your continued use of the App,  and/or the Services constitutes your agreement to such modifications. You agree to periodically review the current version of these Terms of Use as posted on the App.

The App allows Users to connect with counsellors or other individuals ("Expert(s)") who provide counselling and therapy services.

1. . Use of Services by an incorporated/registered entity
   1. If you are not an individual and are an incorporated/registered entity/institute/organisation seeking to avail the services of Zenit for your members/employees/students or any individuals registered with you for any services, you shall enter into an agreement/memorandum of understanding with Zenit for this purpose. Each individual availing the services of Zenit under such agreement/memorandum of understanding shall be bound by these Terms and Privacy Policy available here.
2. . Use of Services/App by minors
   1. Use of the App is available only to persons over the age of eighteen (18). If you are a minor i.e. under the age of eighteen (18) years, you shall not register on the App without providing us with a duly filled consent form from your legal guardian or parent ("Consent Form"). We reserve the right to terminate your membership and refuse to provide you with access to the App or Services if it is brought to our notice or if it is discovered that you are under the age of eighteen (18) years and are accessing this App without furnishing the Consent Form. We will not be liable for any harm caused to you on account of any use of the App without appropriate parental consent in accordance with this Clause 2.
3. . User Account
   1. In order to use the App, you may be required to provide information about yourself including your name, email address and other personal information ("Personal Information"). You agree that any information you provide to Zenit on the App will always be accurate, correct and up to date. You shall not impersonate someone else or provide account information, an email address or any other information that is not your own. The treatment of your Personal Information and other related information, shall be in accordance with the Privacy Policy.
   2. You are responsible for maintaining the confidentiality of your account details at all times. Further, you are responsible for all activities that occur under your account.
4. . Payment
   1. We may charge for the chat, audio, and/or video based counselling/face-to-face therapy sessions and other programs. Before availing any such Service, we will communicate in writing to the User, the applicable charges for the said Service. In addition to these Terms, a User shall also be bound by the terms (if any) mentioned for specific Service(s).
   2. Please note that the charges paid by a Customer, are not refundable. However, in the event a Customer is not satisfied with the Service provided by Zenit, then they may send a mail to support@Zenit.com. Zenit will review each such mail, on a case to case basis, and may refund the charges paid, if it deems fit.

The decision of Zenit on any such matter shall be final and binding.

Please note the specific refund policy in the event of the following circumstances:

1. Packages:Any purchased Packages is activated from the date of purchase and expires according to its duration. In case, the Customer fails to use the services during the period, the Package cannot be shifted to any other period, further, no refunds will be provided in such a scenario. The Customer agrees and understands that buying a Package does not give the Customer any preference with regard to the allotment of their chat session(s) and/or the Expert of their choice. All Experts have a pre-defined chat session schedule, which might be subject to change. The Customer agrees that all requests for chat sessions are serviced on a first come first serve basis.
2. Appointments(Audio/Video/Face to Face):
   1. For any Services purchased, the Zenit team shall make 3 attempts to reach the Customer for confirmation of the Services. In case, the Customer fails to respond within 7 days of the last communication, the Service will be treated as consumed and no refunds shall be provided by Zenit.
   2. In case, of technical difficulties during or at the time of the session, Zenit will check with their service providers. If the case is adjudged by Zenit to be genuine, the appointment shall be rescheduled. However, the Customer shall not be entitled to a refund on account of technical difficulties at the time of the session.
   3. For Audio and Video Sessions, in case, the Customer fails to turn up at the time of the appointment, Zenit will reschedule the session only once. If the Customer still does not turn up the second time, the appointment will be treated as consumed and no refunds shall be provided by Zenit.
   4. For Face to Face appointments, any no shows are treated as availed services and no refund or rescheduling shall be provided by Zenit in such a scenario.
   5. For any reschedules, the Customer needs to inform Zenit at least 24 hours in advance. Unless specifically allowed by the Terms, the Customer shall not be entitled to a refund for whatever reason.
3. Appointment Bundles:All appointment bundles need to be availed within prescribed months from the date of purchase. Additionally, all individual items in the bundles shall also be bound by the terms applicable to appointments.

1. User(s) can make payments through any of the following available options:
   1. internet banking;
   2. debit cards/ credit Cards;
   3. Unified payments interface ("UPI");
   4. Payment wallets available at the time of payment.
2. The User agrees and accepts that all nuances and modalities relating to making payment using internet banking/ debit cards/credit cards, UPI or payment wallets ("Virtual Payment Mode") shall be separately governed by arrangement(s) / terms and conditions between the User and the relevant banks or payment gateways. We shall not be responsible, in any manner whatsoever, for any liability that may arise in relation to the Virtual Payment Modes (including any fraudulent transaction).
3. While availing any of the Virtual Payment Modes available on the App, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to (a) lack of authorization for any transactions; (b) any payment issues arising out of the transaction or (c) decline of such transaction for any reason.
4. You understand, accept and agree that the payment facility provided by us, is neither a banking nor financial service.
5. Zenit reserves its right to revise the charges for Services, at any time, without the requirement of any prior intimation to the User. Any such change shall be binding and effective on the User.

1. . Ownership of the App
   1. The App contains content owned or licensed by Zenit ("Zenit Content"). Zenit owns and retains all rights in the Zenit Content. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Zenit Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Zenit Content.
   2. The Zenit name and logo are trademarks of Zenit, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Zenit. In addition, all custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Zenit, and may not be copied, imitated or used, in whole or in part, without prior written permission from Zenit.
2. . Use of the App and conduct
   1. Use of the App
      1. You may use the App for lawful purposes only. You shall not post or transmit through the App any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law.
      2. You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the App in any medium; (ii) transmitting spam, chain letters, or other unsolicited email by making use of the Services or the App; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the App; (iii) taking any action that imposes, or may impose in our sole estimation an unreasonable or disproportionately large load on our infrastructure; (iv) uploading invalid data, viruses, worms, or other software agents through the App; (v) collecting or harvesting any personally identifiable information, including account names, from the App; (vi) using the App for any commercial purposes without having all necessary rights and licenses to the User Content (defined below); (vii) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (viii) interfering with the proper working of the App; (ix) accessing any content on the App through any technology or means other than those capabilities provided by the App; or (x) bypassing the measures we may use to prevent or restrict access to the App, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the App or the content therein.
   2. Disclaimers
      1. The advice or information provided by experts via the App is provided for informational purposes only and cannot be considered a substitute for examination by a doctor or other mental health professional. You are advised strongly against relying solely on, or make decisions based solely on advice provided by any Expert.
      2. You understand and agree that although an Expert may be a counsellor, therapist or other mental health professional. Zenit disclaims any and all liability for any consultation and therapy services rendered by an Expert to you through the App. You further acknowledge and agree that you take full responsibility for the decision to access a Expert through the App and to continue to interact with such individual(s), and that the role of Zenit is strictly limited to providing access to such Experts to you.
      3. Use of the Services is not for emergencies. If you think you have a medical or mental health emergency, or if at any time you are concerned about your care or treatment, please go to the nearest hospital or health care provider.
      4. The App is not a suicide helpline platform. If you are considering or contemplating suicide or feel that you are a danger to yourself or to others, you may discontinue use of the services immediately at your discretion and please notify appropriate police or emergency medical personnel. If you are thinking about suicide, immediately call a suicide prevention helpline such as Aasra (91-22-27546669).
      5. Your use of information provided on the App and availing of services on the App is solely at your own risk. Zenit is not, and will not in any manner be involved in the practice of medicine or the provision of medical care.
   3. . Privacy and security
      1. You understand that by using the App you consent to the collection, use and disclosure of your Personal Information (as defined in the Privacy Policy) and aggregate data as set forth in our Privacy Policy.
      2. We endeavour to protect the privacy of your User account and other Personal Information collected by us, but you understand that Zenit cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your Personal Information at your own risk.
      3. Your User account is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by ensuring that you keep the login credentials of your User account confidential and limit access to your computer or device and browser by signing off after you have finished accessing your User account.
         
         To know more about how we protect your Personal Information, read Clause 10 of our Privacy Policy.
   4. . Warranty
      1. The App is provided on an "as is" basis, and use of the App is at the User's risk. To the maximum extent permitted by applicable law, the App is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Zenit or through the App will not create any warranty not expressly stated herein. Without limiting the foregoing, Zenit, its subsidiaries, its affiliates, and its licensors do not warrant that the content found on the App is accurate, reliable or correct; that the App will meet your requirements; that the App will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the App is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the App is downloaded at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the App.
      2. Zenit does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the App or any hyperlinked App or service, and Zenit will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.

• . Exceptions and limitations
  1. Zenit does not make any representation or warranty as to the quality or value of the Services offered on the App, or availability of Expert(s). Zenit does not implicitly or explicitly support or endorse any services on the App. Zenit shall not be liable for any errors or omissions, whether on behalf of itself or third parties.
  2. While Zenit carries out background checks and verifications on all Experts, you understand and acknowledge that Zenit does not endorse, recommend, warrant or guarantee to qualifications, expertise, claims or background of any Expert, or any service, advice, opinion, recommendation provided by an Expert. Nothing contained in these Terms, the App or on any third party site shall be considered as an endorsement, recommendation, referral, verification, warranty or guarantee with respect to (a) any Expert; (b) the App or (c) any service, advice, opinion, recommendation made available via the App or (d) the validity, accuracy, availability, completeness, safety, legality, quality or applicability of any information made available via the App.
  3. You acknowledge that there will be occasions when the App may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.
  4. We may, without prior notice, change the App, stop providing the App or features of the App, to you or to Users generally, or create usage limits for the App. We may permanently or temporarily terminate or suspend your access to the App, or delete any User Content without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
• . Termination
  1. Zenit may terminate these Terms for any reason at any time. Zenit reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of the App, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination. In addition to any termination rights, we reserve the right to enforce and prosecute any violations of these Terms. You may terminate these Terms at any time by deleting your User account.

1. Indemnification
   1. You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys' fees, arising out of any breach by you of any of these Terms, or any use by you of the App. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.
   2. In the event of a dispute regarding any transaction conducted via the App, you hereby relieve Zenit, its affiliates, their respective officers, directors, shareholders, employees, sub-contractors and agents from all manner of actions, claims or demands and from any and all losses (direct, indirect, incidental or consequential), damages, costs or expenses, including, without limitation, court costs and attorneys' fees, which member may have against one or more of the above.

• . Limitation of liability
  1. In no event will Zenit or its affiliates or any party involved in creating, producing, or delivering the App be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the App or any linked sites, or in connection with any failure of performance. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Zenit has been advised of the possibility of such damage.
  2. By use of the App and the Services, the User acknowledges that he/she is solely responsible for any and all actions, liabilities, consequences, decisions, behaviours ("Conduct") arising out of or in connection Zenit and/or its affiliates responsible for such Conduct.
• . Dispute Resolution
  1. In the event of any dispute, controversy or claim arising out of or relating to this Agreement or any subsequent amendments to this Agreement including, without limitation, the breach of the terms hereunder, termination, validity or invalidity thereof, or any non-contractual issues relating to this Agreement (each, a "Dispute"), each of the Parties will appoint a designated officer to meet for the purpose of endeavouring to resolve such Dispute amicably or to negotiate for an adjustment to such provision.
  2. All Disputes, which are not settled pursuant to the issue resolution procedures set forth in Clause 14.1.1 above, will be referred and settled by final and binding arbitration by a sole arbitrator mutually appointed by the Parties in accordance with the Indian Arbitration and Conciliation Act, 1996 as amended from time to time, and the seat of arbitration shall be at Bengaluru.
• . Governing law
  1. This Agreement shall be governed by the laws of India, and subject to Clause 14.2 above, the courts of Bangalore shall have exclusive jurisdiction with respect to any dispute arising hereunder.
• . Grievance officer
  1. In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the 'Grievance Officer' are provided below:
     
     Name: Sumukh L
     
     Phone No: 9606258596
     
     E-mail Address: support@Zenitedu.com
     
     Postal Address: VK Palace, 2^nd Floor, 2^nd Cross, 10^th Main, Shankar Nagar, Mahalakshmi Layout,  Bengaluru, Karnataka - 560102
• . Miscellaneous
  1. Survival: In the event of termination or expiration of these Terms for any reason, any provisions of these Terms that by their nature should survive termination of these Terms will survive termination of these Terms, unless contrary to the pertinent provisions herein stated.
  2. Severability: If any term or provision in these Terms is held to be either illegal or unenforceable, in whole or in part, under any enactment or rule of law, such term or provision or part shall to that extent be deemed not to form part of these Terms, but the validity and enforceability of the remainder of these Terms shall not be affected.
  3. Unenforceability: If any provision of these Terms or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then provided that the essential consideration for entering into these Terms on the part of any Party is not unreasonably impaired, such provision or portion thereof shall be modified or deleted in such manner as to render these Terms as modified legal and enforceable to the maximum extent permitted under applicable laws.
  4. No Waiver: No delay or omission by either Party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of these Terms shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of these Terms may be waived or amended only in writing or mutual agreement of the Parties. A waiver by either of the Parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained (whether or not the provision is similar).
  5. Notices: Any notice required or permitted to be given to Zenit hereunder shall be in writing and sent or transmitted by (i) registered or certified mail; (ii) hand-delivery; (iii) email; or (iv) internationally recognized courier service, provided its receipt is acknowledged and, dispatched or sent or transmitted to the address specified Zenit. All notice required to be given under these Terms shall be addressed to: