Conditions of Use by continuing to use the Site after the updated Terms of Service are posted. The information on the Site is not intended for distribution to or use by any person or organisation in any jurisdiction or country where such distribution or use would be prohibited by law or regulation, or where we would be required to register under the laws of such jurisdiction or country. As a result, users who visit the Site from other locations do so at their own risk and are solely responsible for complying with local laws, if and to the extent that local laws apply.
By continuing to use the Site after the amended Terms of Service have been posted, you agree to the updated Terms of Service. The information on the Site is not intended for distribution to or use by any person or organisation in any jurisdiction or country where such distribution or use would be banned or where we would be required to register under the laws of such jurisdiction or country. As a result, users visiting the Site from other locations do so at their own risk and are solely responsible for adhering to local laws, if and to the extent local laws apply.
Users can connect with Experts through Zzoko's Book feature, which allows users to schedule an appointment via the website or app.
a. Zzoko will ensure that users who use the Book feature receive confirmed appointments. However, Zzoko is not liable if the Expert cancels the appointment or if the same Expert is not available for the appointment.
b. The results of any Expert search Users do on the website and app should not be regarded as Zzoko's endorsement of any such Expert. If the User decides to seek consulting services from an Expert, the User does so at his or her own risk.
c. Without limiting the generality of the preceding, Zzoko does not provide any consulting and thus is not responsible for any interactions between the User and the Expert. User acknowledges and agrees that Zzoko is not responsible for:
d. Users are permitted to submit feedback on their interactions with the Expert; however, the User must ensure that such input is given in line with applicable law. The user knows, however, that Zzoko is not obligated to take any action that may be necessary to give effect to the content of Users comments, such as proposals for removing a certain Expert from the website and app
e. Cancellation and Refund Policy
a. Please keep in mind that some of the content, text, data, graphics, images, information, suggestions, guidance and other material (collectively, "Information") on the website and app (including information provided in direct response to your questions or postings) may be provided by individuals in the respective profession. The supply of such information does not establish a professional/client relationship between Zzoko and you, nor does it constitute an opinion or consultation in any specific situation; rather, it is offered to aid you in seeking appropriate advice from a certified expert.
b. It is hereby expressly clarified that the Information that you obtain or receive from Zzoko, and its employees, contractors, partners, sponsors, advertisers, licensors, or otherwise on the website and app is for informational purposes only. We make no guarantees, representations, or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise or other information provided on the website and app. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
A. The contents listed on the website and app are (i) User generated content, or (ii) belong to Zzoko. The information that is collected by Zzoko directly or indirectly from the End- Users and the Experts shall belong to Zzoko. Copying of the copyrighted content published by Zzoko on the website and app for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Zzoko reserves its rights under applicable law accordingly.
B. Zzoko authorizes the User to view and access the content available on or from the website and app solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the website and app, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the website and app (collectively, "Zzoko Content"), are the property of Zzoko and are protected under copyright, trademark and other laws. User shall not modify the Zzoko Content or reproduce, display, publicly perform, distribute, or otherwise use the Zzoko Content in any way for any public or commercial purpose or for personal gain.
c. Users shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
a. Terms for Experts:
The terms in this Clause are applicable only to Experts.
a. Zzoko, directly and indirectly, collects information regarding the Experts’ profiles, contact details, and practice. Zzoko reserves the right to take down any Expert’s profile as well as the right to display the profile of the Experts, with or without notice to the concerned Expert. This information is collected for the purpose of facilitating interaction with the End-Users and other Users. If any information displayed on the website and app in connection with you and your profile is found to be incorrect, you are required to inform Zzoko immediately to enable Zzoko to make the necessary amendments.
b. Zzoko shall not be liable and responsible for the ranking of the Experts on external website and apps and search engines
d. Zzoko reserves the right to moderate the suggestions made by the Experts through feedback and the right to remove any abusive or inappropriate or promotional content added on the website and app. However, Zzoko shall not be liable if any inactive, inaccurate, fraudulent, or non- existent profiles of Experts are added to the website and app.
e. Experts explicitly agree that Zzoko reserves the right to publish the Content provided by Experts to a third party including content platforms.
f. You as an Expert hereby represent and warrant that you will use the Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Zzoko accepts no liability for the same.
Zzoko ensures easy access to the Experts by providing a partner portal to update your profile information. Zzoko reserves the right of ownership of all the Expert’s profile and photographs and to moderate the changes or updates requested by Experts. However, Zzoko takes the independent decision whether to publish or reject the requests submitted for the respective changes or updates. You hereby represent and warrant that you are fully entitled under law to upload all content uploaded by you as part of your profile or otherwise while using Zzoko’s services and that no such content breaches any third party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, Zzoko may modify or delete parts of your profile information at its sole discretion with or without notice to you.
All Critical Content is content created by the Users of www.zzoko.com (“website and app”) and the clients of Zzoko customers and Experts, including the End-Users. As a platform, Zzoko does not take responsibility for Critical Content and its role with respect to Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. The role of Zzoko and other legal rights and obligations relating to the Critical Content are further detailed in Clauses 3.9 and 5 of these Terms. Zzoko’s Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms.
Zzoko reserves the right to collect feedback and Critical Content for all the Experts listed on the website and app.
b. Zzoko shall have no obligation to pre-screen, review, flag, filter, modify, refuse or remove any or all Critical Content from any Service, except as required by applicable law.
c. You understand that by using the Services you may be exposed to Critical Content or other content that you may find offensive or objectionable. Zzoko shall not be liable for any effect on Expert’s business due to Critical Content of a negative nature. In these respects, you may use the Service at your own risk. Zzoko however, as an ‘intermediary, takes steps as required to comply with applicable law as regards the publication of Critical Content. The legal rights and obligations with respect to Critical Content and any other information sought to be published by Users are further detailed in Clauses 3.9 and 5 of these Terms.
d. Zzoko will take down information under standards consistent with applicable law, and shall in no circumstances be liable or responsible for Critical Content, which has been created by the Users. The principles set out in relation to third party content in the terms of Service for the website and app shall be applicable mutatis mutandis in relation to Critical Content posted on the website and app.
e. If Zzoko determines that you have provided inaccurate information or enabled fraudulent feedback, Zzoko reserves the right to immediately suspend any of your accounts with Zzoko and makes such declaration on the website and app alongside your name/your clinics name as determined by Zzoko for the protection of its business and in the interests of Users.
Zzoko has designed the relevance algorithm in the best interest of the End-User and may adjust the relevance algorithm from time to time to improve the quality of the results given to the Users. It is a pure merit-driven, proprietary algorithm which cannot be altered for specific Experts. Zzoko shall not be liable for any effect on the Expert’s business interests due to the change in the Relevance Algorithm.
Your use of each Service confers upon you only the rights and obligations relating to such Service, and not to any other service that may be provided by Zzoko.
Zzoko reserves the rights to display sponsored ads on the website and app. These ads would be marked as “Sponsored ads”. Without prejudice to the status of other content, Zzoko will not be liable for the accuracy of information or the claims made in the Sponsored ads. Zzoko does not encourage the Users to visit the Sponsored ads page or to avail any services from them. Zzoko will not be liable for the services of the providers of the Sponsored ads. You represent and warrant that you will use these Services in accordance with applicable law. Any contravention of applicable law as a result of your use of these Services is your sole responsibility, and Zzoko accepts no liability for the same.
a. As a valuable partner on our platform we want to ensure that the Experts experience on the Zzoko booking platform is beneficial to both, Experts and their Users.
b. Expert understands that Zzoko shall not be liable, under any event, for any comments or feedback given by any of the Users in relation to the Services provided by Expert. The option of publishing or modifying or moderating or masking (where required by law or norm etc.) the feedback provided by Users shall be solely at the discretion of Zzoko.
In recognition of the various offerings and services provided by Zzoko to Expert, Expert shall (subject to its reasonable right to review and approve):
a. allow Zzoko to include a brief description of the services provided to Expert in Zzoko’s marketing, promotional and advertising materials;
b. allow Zzoko to make reference to Expert in case studies, and related marketing materials;
c. serve as a reference to Zzoko’s existing and potential clients;
d. provide video logs, testimonials, e-mailers, banners, interviews to the news media and provide quotes for press releases;
(e) make presentations at conferences; and/or (f) use the Expert’s name and/or logo, brand images, tag lines etc., within product literature, e-mailers, press releases, social media and other advertising, marketing and promotional materials.
The service provider of the services listed below is Monklabs Private Limited (“MPL”). MPL provides the aforementioned services through https://www.zzoko.com and the Zzoko mobile application (collectively, "Website"). Monklabs Private Limited, its subsidiaries, group companies, and affiliates are all referred to as ("MPL").
A User, his/her representatives or affiliates searching for Experts through the Website (“End-User”, “you” or “User”); or otherwise a user of the Website (“you” or “User”); or an Expert (whether an individual professional or an organisation) or similar institution providing services on the Sessions (Domestic) platform or the Sessions (International) platform, as the case may be (“Expert(s)”, “you” or “User”); or otherwise a user of the Website.
The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to: the Indian Contract Act, 1872, the (Indian) Information Technology Act, 2000.
a. Definition: MPL's Session service allows users and experts to communicate in a paid setting. Users may also use this function on the Website/platform to be allocated to an Expert for consultation purposes, with such Experts being assigned, among other things, through the system's algorithm/software-program that finds the most available and accepted Expert. The scope of this feature is referred to as "Session" throughout this document.
b. Terms for Users:
Users expressly accept, recognize, and agree to the following terms and conditions:
(i). In specific situations, users can select the Expert (like through Q&A offering). When Users are unable to select an Expert owing to system limitations, the system employs a software algorithm to locate the most available and accepted Expert.
(ii). If the Expert provides a solution to the User-based on an online consultation, the solution may differ when the scenario is evaluated in person; therefore, the solution supplied by Experts should not be relied upon as a final and conclusive solution.
(iii). Regardless of anything else in this document, MPL is not responsible for any solutions proposed by the expert.
c. Terms for Experts:
■ The Expert shall promptly reply to the User after receiving the User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Expert, MPL shall have the right to replace such Experts for the purpose of consultation to the User.
■ The Expert further understands that there is a responsibility on the Expert to treat the User, pari passu, as the Expert would have otherwise treated the User on a physical one-on-one consultation model.
■ The Expert has the discretion to cancel any consultation at any point in time in cases where the Expert feels it is beyond his/her expertise or his/her capacity to solve the User's query. In such cases, it may trigger a refund to the User and the User has the option of choosing other Experts. However, it is strongly recommended that the Expert advise the User and explain appropriately for the next steps which may include referring for further evaluation.
■ The Expert is and shall be qualified to practice their services, as per applicable laws/regulations/guidelines set out by competent authorities and the Expert shall not be part of any arrangement which will prohibit him/her from practicing within the territory of India. The Expert shall at all times ensure that all the applicable laws that govern the Expert shall be followed and utmost care shall be taken in terms of the consultation/ services being rendered.
■ Experts shall ensure that the consultation online is treated as an in-person consultation and provide advice to the best of the Experts’ knowledge.
■ For direct consultations on the platform, the Expert shall ensure that they respond to the User's concern within a maximum of two (2) hours of the Expert receiving the message (in exceptional circumstances, where the consultation was allocated to an Expert without their acceptance). However, the time frame for response shall be between 10 am to 8 pm.
■ In case, the Expert accepts a User’s consultation by their own choice, then such Experts shall ensure to provide a response within five (5) minutes of accepting the said consultation. Also, the response time for an Expert during an active consultation shall not exceed five (5) minutes.
■ If an Expert needs to change the status to 'unavailable', the same could be changed after having completed all the open consultations. In case the Expert leaves a consultation open and changes the status to 'unavailable', the Expert understands that he shall be liable to pay such penalty as may be imposed by MPL, in these cases.
■ The Expert is not allowed to use any other platform other than the Zzoko platform for the purpose of interacting/communicating with the User and any attempt by the Expert to interact with the Users through any other external means of communication will amount to a violation of this Agreement by the Expert.
■ If the Expert’s performance on the platform is not compliant with the expected guidelines of MPL or the Expert is found to be misusing the platform, the Expert may result in losing the privilege of using the Zzoko membership & platform.
■ The Expert acknowledges that should MPL find the Expert to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities then MPL shall be entitled to cancel the consultation with such Expert or take such other legal action as may be required.
■ It is further understood by the Expert that the information that is disclosed by the User at the time of consultation is personal information and is subject to all applicable privacy laws, shall be confidential in nature, and subject to User and Expert privilege.
■ The Expert understands that MPL makes no promise or guarantee for any uninterrupted communication and the Expert shall not hold MPL liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by MPL
■ The Expert understands that MPL makes no promise or guarantee for the number of sessions that will be allocated to an Expert on the platform. The consultations allocated to an Expert will depend upon various factors, which inter-alia include, Session response time, user feedback, and the number of Experts available, etc., It is the responsibility of the Expert to keep a track of their overall performance using the Zzoko application.
■ It shall be the responsibility of the Expert to ensure that the information provided by the User is accurate and not incomplete and understand that MPL shall not be liable for any errors in the information included in any communication between the Expert and User.
■ The Expert shall indemnify and hold harmless MPL and its affiliates, subsidiaries, directors, officers, employees, and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs, and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Expert, violation of any law, rules or regulations by the Expert or due to such other actions, omissions or commissions of the Expert that gave rise to the claim.
d. Refund policy for Users:
■ In the event it is proved that the Experts have acted in contravention of any applicable laws, MPL shall provide a complete refund to the User, subject to an investigation undertaken by MPL.
■ If the cancellation is due to the abusive nature of the User, such User shall not be eligible for any refund and MPL/Expert shall be entitled to take any legal action, depending upon the gravity of the matter.
■ In case an Expert is unreasonably abrupt or quick to complete a particular consultation on the platform, then the User shall have the right to request a refund. MPL shall provide a complete refund to the User, subject to an investigation undertaken by MPL.
■ MPL reserves the right to permanently block Users from the Sessions (Domestic) platform in the event MPL receives multiple cancellation requests from such Users for reasons which do not form part of the cancellation policy of MPL.
■ Users are allowed a period of two (2) days to flag any consultation as inadequate and request a refund. No refund requests shall be considered thereafter.
■ MPL shall check the details and process the refund where applicable, solely at its discretion. After a refund request is processed, the money will be refunded to the User to be discussed seven (7) working days from the day the refund has been approved from MPL.
■ In the event a User raises any concerns regarding the inappropriateness of a particular session on the platform, the User agrees that the refund or any other outcome for any such concerns raised by the User will be subject to a detailed review of the said concerns by MPL as per MPL’s internal policies.
■ In all matters related to refund and settlement under this Agreement, MPL shall decide so at its sole and absolute discretion after a detailed review of the matter and taking into account all the involved parties’ information. The decision of MPL shall be final in this regard.
The session is a service provided by MPL that allows international Users & Experts to communicate, on paid mode. Further, such Users may access this feature on the Website/ platform to get assigned, for the purposes of a session with an Expert whereby such Experts are inter alia assigned through the system’s algorithm/software program that finds the most available and accepting Expert. The scope of this feature as detailed herein is collectively referred to as “Session(International)".
b. Terms for Users: Same as Domestic. Please refer above sections
The Users expressly understand, acknowledge, and agree to the following set forth herein below:
■ Users can choose the Expert in certain events (like through Q&A offering). In cases where Users cannot choose an Expert (due to system setup), the system uses an algorithm/software program to find the most available and accepting Expert.
■ The User agrees that by using Sessions (International), the Experts on Sessions (International) will not be providing consultation, conducting a physical examination, hence, they may not have or be able to derive important information that is usually obtained through a physical examination. User acknowledges and agrees that the User is aware of this limitation and agrees to assume the complete risk of this limitation.
■ The User understands that Sessions (International) shall not form a substitute for treatment that otherwise needs physical examination/immediate consultation. Further, the User understands that the consultation provided by the Expert on Sessions (International) is based on general conditions and practices to the best of his/her knowledge and ability, and not for conditions which are territory specific, irrespective of where the User is procuring services or engaging in communication with the Expert.
■ If Expert responds to the User’s query, the system could trigger communications to the User, in the form of notification/text/email/others. The User further understands that MPL may send such communications like text messages/email/calls before and/or after Expert’s consultation (physical or online) to the User’s mobile number, based on the Expert’s settings (through the Website). However, and notwithstanding anything to the contrary in this Agreement, MPL does not take responsibility for the timeliness of such communications.
■ Users understand and agree to provide accurate information and will not use the Sessions (International) platform for any acts that are considered to be illegal in nature.
■ If User decides to engage with an Expert to procure services or engages in communication, exchange of money for services outside of Sessions (International) platform, User shall do so at their own risk. MPL shall not be responsible in this regard in any manner whatsoever.
■ The User shall indemnify and hold harmless MPL and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to or in relation to the use of Website by the User, by breach of these terms or violation of any law, rules or regulations by the User, or due to such other actions, omissions or commissions of the User that gave rise to the claim.
■ The User shall make payment using the payment gateway to make payments online, solely at User's discretion. Should there be any issues with regard to the payment not reaching the MPL account, the User may contact support via email@example.com.
c. Express Disclaimers:
■ Sessions (International) is intended for general purposes only and is not meant to be a medical consultation, used in emergencies/serious illnesses requiring physical consultation.
■ Sessions (International)is a platform being made available to Users to assist them to obtain information from experts (Experts) and does not intend to replace the physical consultation with the Expert.
d. Terms for Experts:
■ The Expert shall promptly reply to the User after receiving User’s communication. In case of non-compliance with regard to adhering to the applicable laws/rules/regulations/guidelines by the Expert, MPL shall have the right to replace such Experts for the purpose of interaction with the User.
■ The Expert further understands that, there is a responsibility on the Expert to provide accurate information to the User, as the Expert would have done so to any other patient of his/her.
■ The Expert has the discretion to cancel any chat at any point in time in cases where the Expert feels it is beyond his/her expertise or his/her capacity to interact with the User. In such cases, it may trigger a refund to the User and the User has the option of choosing other Experts. However, it is strongly recommended that the Expert advise the User and explain appropriately for next steps.
■ The Expert shall at all times ensure that all the applicable laws that govern the Expert shall be followed and utmost care shall be taken in terms of the interaction on Sessions (International).
■ The Expert shall at all times ensure that all the applicable laws that govern the Expert shall be followed and utmost care shall be taken in terms of the interaction on Sessions (International).
■ The Expert acknowledges that should MPL find the Expert to be in violation of any of the applicable laws/rules/ regulations/guidelines set out by the authorities in Sessions (International), then MPL shall be entitled to cancel the interaction with such Expert or take such other legal action as may be required.
■ In case of any technical failure, at the time of transaction and there is a problem in making payment, you could contact the MPL support team via firstname.lastname@example.org
■ It is further understood by the Expert that the information that is disclosed by the User at the time of interaction is personal information and is subject to all applicable privacy laws.
■ The Expert understands that MPL makes no promise or guarantee for any uninterrupted communication and the Expert shall not hold MPL/Zzoko liable, if for any reason the communication is not delivered to the User(s), or are delivered late or not accessed, despite the efforts undertaken by MPL.
■ It shall be the responsibility of the Expert to ensure that the information provided by User is accurate and not incomplete and understand that MPL shall not be liable for any errors in the information included in any communication between the Expert and User.
■ The Expert shall indemnify and hold harmless MPL and its affiliates, subsidiaries, directors, officers, employees and agents from and against any and all claims, proceedings, penalties, damages, loss, liability, actions, costs and expenses (including but not limited to court fees and attorney fees) arising due to the Services provided by Expert, violation of any law, rules or regulations by the Expert or due to such other actions, omissions or commissions of the Expert that gave rise to the claim under Sessions (International).
The Expert using the platform and (International) platform, as the case may be, shall have the following confidentiality obligations:
● Expert agrees to keep confidential all deliverables and all data, technical, product, business, financial, and other information regarding the business and software programs of MPL, its affiliates, customers, employees, investors, contractors, vendors and suppliers (the “Confidential Information”), including but not limited to programming techniques and methods, research and development, computer programs, documentation, marketing plans, customer identity, user engagement models and business methods. Without limiting the generality of the foregoing, Confidential Information includes all information and materials disclosed orally or in any other form, regarding MPL’s and/or its affiliates’ software products or software product development including, but not limited to, the configuration techniques, data classification techniques, user interface, applications programming interfaces, data modelling and management techniques, data structures, and other information of or relating to MPL’s and/or its affiliates’ software products or derived from testing or other use thereof.
● Experts shall at all times protect and safeguard the Confidential Information and agree not to disclose, give, transmit or otherwise convey any Confidential Information, in whole or in part, to any other person.
● Expert agrees that it will not use any Confidential Information for its own purpose or for the benefit of any third party and shall honour the copyrights and other intellectual property rights of MPL and will not copy, duplicate, or in any manner reproduce any such copyrighted materials.
● Upon request of MPL or upon termination of the Agreement, Consultant shall promptly deliver to MPL any and all documents, notes, or other physical embodiments of or reflecting the Confidential Information (including copies thereof), if any that are in possession or control of the Expert.
● Nothing in the Agreement will be construed as conveying to the Expert any right, title or interests or copyright in or to any Confidential Information of MPL; or to convey any license as to use, sell, exploit, copy or further develop any such Confidential Information.
● The confidentiality obligations of the Expert as mentioned herein will survive termination or expiration of the Agreement. MPL has the right to take such action it deems necessary to protect its rights hereunder, including, without limitation, injunctive relief and any other remedies as may be available at law or equity.
● Any non-disclosure agreement signed between MPL and the Expert will remain effective, provided that its duration shall be extended coterminous with the Agreement. If there is a conflict between the confidentiality obligations of the Agreement and any non-disclosure agreement, the most restrictive obligation will prevail.
MPL is entitled to use the Expert’s name and logo, including trademarks (collectively, “Marks”) on the Website and MPL’s marketing materials. MPL will be permitted to issue press releases of any kind referencing the Expert and the Marks. However, the Expert shall seek a written permission from MPL to participate in any press releases or for using trade names, trademarks, or service marks of MPL in any of its advertisement, publicity, or promotion.
MPL/Zzoko (as the context warrants) reserves the right to suspend or terminate services provided through the Website and under this Agreement, with or without notice and to exercise any other remedy available under law, in case of the occurrence of the following events:
● Expert breaches any terms and conditions of the Agreement or contravenes applicable laws; and
● A third-party reports violation of any of its rights as a result of your use of the Services.
In no event, including but not limited to negligence, shall MPL, or any of its directors, officers, employees, agents or content or service providers, affiliates and group companies (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the Website or the content, materials and functions related thereto, the Services, User’s provision of information via the Website, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
● provision of or failure to provide all or any Service by Experts to End- Users contacted or managed through the Website;
● any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Website;
○ any unauthorized access to or alteration of your transmissions or data; or
○ any other matter relating to the Website or the Service.
● In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this Agreement or a User’s use of the Website or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).
If any provision of the Agreement is invalid as per applicable law, held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by MPL. Any consent by MPL to, or a waiver by MPL of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
Notwithstanding anything herein, neither party will make any claims, representations or warranties on behalf of the other party or bind the other party, and neither party is authorized to do so by this Agreement. The relationship between the parties will be that of independent contractors. Nothing contained herein will be construed to imply a joint venture, principal or agent relationship, or other joint relationship, and neither party will have the right, power or authority to bind or create any obligation, express or implied, on behalf of the other party. Expert shall not make any public statement disparaging the other party’s brand, marks, products or services. Each party will retain all right, title and interest in and to its products, services, marks, and all content, information and other materials, and nothing contained in this Agreement will be construed as conferring upon such party, by implication, operation of law or otherwise, any other license or other right.
The parties agree that this Agreement and any contractual obligation between Zzoko and User will be governed by the laws of India. The courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, User’s use of the Website or the Services or the information to which it gives access.
■ belongs to another person and to which the User does not have any right to;
■ is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
■ harm minors in any way;
■ infringes any patent, trademark, copyright or other proprietary rights;
■ violates any law for the time being in force;
■ deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
■ impersonate another person;
■ contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
■ threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
■ violating or attempting to violate the integrity or security of the website and app or any Zzoko Content;
■ transmitting any information (including job posts, messages and hyperlinks) on or through the website and app that is disruptive or competitive to the provision of Services by Zzoko;
■ intentionally submitting on the website and app any incomplete, false or inaccurate information;
■ making any unsolicited communications to other Users;
■ using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the website and app;
■ attempting to decipher, decompile, disassemble or reverse engineer any part of the website and app;
■ copying or duplicating in any manner any of the Zzoko Content or other information available from the website and app;
■ framing or hot linking or deep linking any Zzoko Content.
■ circumventing or disabling any digital rights management, usage rules, or other security features of the Software.
3. Zzoko, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, shall be entitled to disable such information that is in contravention of Clauses 5.1 and 5.2. Zzoko shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
5. Zzoko may disclose or transfer User-generated information to its affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. The SPI Rules only permit Zzoko to transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by Zzoko as provided for under the SPI Rules, only if such transfer is necessary for the performance of the lawful contract between Zzoko or any person on its behalf and the User or where the User has consented to data transfer.
Zzoko respects the intellectual property rights of others and we do not hold any responsibility for any violations of any intellectual property rights
a. Zzoko reserves the right to suspend or terminate a User’s access to the website and app and the Services with or without notice and to exercise any other remedy available under law, in cases where,
■ Such User breaches any terms and conditions of the Agreement;
■ A third party reports violation of any of its rights as a result of your use of the Services;
■ Zzoko is unable to verify or authenticate any information provided to Zzoko by a User;
■ Zzoko has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
■ Zzoko believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Zzoko or are contrary to the interests of the website and app.
b. Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the website and app under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages, files and other material kept on the website and app by such User. The User shall ensure that he/she/it has continuous backup of any services the User has rendered in order to comply with the User’s record keeping process.
In no event, including but not limited to negligence, shall Zzoko, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, the website and app or the content, materials and functions related thereto, the Services, User’s provision of information via the website and app, lost business or lost End-Users, even if such Protected Entity has been advised of the possibility of such damages. In no event shall the Protected Entities be liable for:
● provision of or failure to provide all or any service by Experts to End- Users contacted or managed through the website and app;
● any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the website and app;
● any unauthorized access to or alteration of your transmissions or data; or
● any other matter relating to the website and app or the Service.
● In no event shall the total aggregate liability of the Protected Entities to a User for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from this
Zzoko may retain such information collected from Users from its website and app or Services for as long as necessary, depending on the type of information; purpose, means and modes of usage of such information; and according to the SPI Rules. Computer web server logs may be preserved as long as administratively necessary.
a. You agree that this Agreement and any contractual obligation between Zzoko and User will be governed by the laws of India.
b. Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the website and app or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Zzoko. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Bangalore. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
c. Subject to the above Clause b, the courts at Bengaluru shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the website and app or the Services or the information to which it gives access.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
(3) in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
(4) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true, accurate, current, and complete;
(2) you will maintain the accuracy of such information and promptly update such registration information as necessary;
(4) you are not under the age of 13;
(5) you are not a minor in the jurisdiction in which you reside, or 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, whether through a bot, script, or otherwise;
(7) you will not use the Site for any illegal or unauthorized purpose; and
(8) your use of the Site will not violate any applicable law or regulation.If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
MonkLabs, after a certain period of promotional time, will charge providers a minimal fee for the services of connecting experts with the Clients that hire them and collecting payment for work. This fee would be a small reasonable part of the Client's payments. If Provider elects disbursement in foreign currency, MonkLabs will add its foreign exchange vendor’s respective conversion fee.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
These Terms shall be governed by and defined following the laws of India. MonkLabs Private Limited and yourself irrevocably consent that the courts of India shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.
If any dispute arises between you and MonkLabs during your use of our Services or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement, the dispute shall be referred to a sole Arbitrator who shall be an independent and a neutral third party identified by MonkLabs. The seat, or legal place, of arbitration shall be Bangalore, Karnataka, India. The language of the proceedings shall be English. The governing law of the contract shall be the substantive law of India.
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE,
(3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
(4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE,
(5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR
(6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
MonkLabs Private Limited
#4/9, Crescent Road, High Grounds, Bangalore 560001
Bangalore, Bangalore 560001 India
If any provision of the Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from this Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event, the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by Zzoko. Any consent by Zzoko to, or a waiver by Zzoko of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
“We respect your privacy and we will never sell your data to third parties.”