SECTION 1- PROPRIETARY RIGHTS
The company grants a limited, non-assignable, non-transferable, revocable license to use such materials solely to utilize such products or services. Such license will terminate when you no longer use the services.Except as permitted through the services or as otherwise permitted by us in writing, your license does not include the right to:We reserve the right to modify, suspend, or discontinue the services (in whole orin part) at any time, with or without notice to you. Any future release, update, or other addition to functionality of the services will be subject to these Terms, which may be updated from time to time. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuation of the services or any part thereof.
SECTION 2 - GUIDELINES FOR HOSTS
1. A host is responsible for the prices quoted for his services on the Zoomie website.
2. host takes full responsibility for all information that he/she provides on the Zoomie website and must indemnify Zoomie in relation to any liability incurred by Zoomie as a result of such information.
3. host shall indemnify Zoomie for all claims and liabilities arising out of any use by the host of the Zoomie website, including any associated costs and expenses incurred, whether direct or indirect.
4. host must contact a learner through the Zoomie website. Any other means of communication is prohibited.
5. A host must not be in any way be abusive about a learner on the Zoomiewebsite or any other place.
6. A host is not an employee of Zoomie and accepts full responsibility for allIncome Tax, National Insurance and other liabilities arising from use of the Zoomie.
7. All information provided by a host on the Zoomie website must be accurate and kept up-to-date. This includes a correct name, address, telephone number and qualification/experience details. Details entered by the host on the Zoomie will be publicly visible and may also appear in search engine results.
SECTION 3 - GUIDELINES FOR LEARNERS
1. A learner who is under 18 years of age must have consent from a parent or a guardian to register and that parent or guardian must enter into any agreement with a host to provide tuition services. It is the responsibility of that parent/guardian to check the credentials of the host. Zoomie is not responsible for any disputes regarding parental consent or any problems that a learner or a patent/guardian has experienced with a host.
2. A learner, or where relevant their parent/guardian, is responsible for verifying the credentials, expertise, references and qualifications of any host. Zoomie does not offer any guarantee that any information provided on the Zoomie website is accurate and correct.
3. A learner must contact a host through the Zoomie website. Any other means of communication is prohibited.
4. A learner cannot act as an agent to promote the services or opportunities of accompany.
5. A learner must not publish any abusive comments about a host or another learner on the Zoomie website or any other place. This includes defamatory or derogatory comments.
6. A learner must use his/her own judgment about the services of hosts detailed on the website. learners are responsible for checking the credentials,expertise, references, qualifications and policies of any host with whom they confirm their purchase.
SECTION 4 - REGISTRATION INFORMATION
You may be required to provide information about yourself in order to register for and/or use certain services. You agree that any such information shall be accurate. You may also be asked to choose a user name and password. You are entirely responsible for maintaining the security of your user name and password and agree not to disclose such to any third party.
SECTION 5 - PROHIBITED USE
You agree that You will not use, and will not permit any end user to use, the services to:
(i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the services;
(ii) knowingly or negligently use the services in a way that abuses, interferes with, or disrupts Zoomie’s networks, Your accounts, or the services;
(iii) engage in activity that is illegal, fraudulent, false, or misleading,
(iv) transmit through the services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the services; or (vi) use the services to communicate any message or material that is harassing, libelous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of Zoomie or other users of services;
(viii) engage in any activity or use the services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the services, or any servers or networks connected to the services or Zoomie's security systems.
(ix) use the services in violation of any Zoomie policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
SECTION 6 - LIMITATIONS ON USE
You may not reproduce, resell, or distribute the services or any reports or data generated by the services for any purpose unless you have been specifically permitted to do so under a separate agreement with Zoomie.
SECTION 7 – USER CONTENT
You agree that we are not liable for User Content that is provided by others. We have no duty to pre-screen User Generated Content. You agree and acknowledge that Zoomie has no control over and assumes no responsibility for the UserContent and by using the Zoomie Platform, you expressly relieve Zoomie for many and all liability arising from the User Content.You represent and warrant that you own all rights in and to your User Content and Name and/or Likeness and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content and Name and/orLikeness, such that you have all necessary licenses, rights, consents and permissions to publish the User Content and Name and/or Likeness and to grant the rights granted herein, including permission from all person(s) appearing and/or performing in your User Content;
SECTION 8 - INDEMNIFICATION
You agree to defend, indemnify and hold us and our directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from any content or other material you place on the Site or submit to us, or your breach or violation of the law or of these Terms and Conditions. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
SECTION 9 - USING OUR SERVICES
To ensure smooth virtual sessions, you may require multiple compatible devices, high speed internet access. You are solely responsible for all computer hardware and other equipment and all fees for services (such as internet service and wireless services) required for access and use of our online classes. You may regularly need to update our applications to use our services. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility and are to be procured at your own cost.
SECTION 10 - REFUNDS & CANCELLATIONS
Hosts are responsible for their refunds and cancellation policies, by using our services, you agree that you have read and understood your host’s refund and cancellation policy.
SECTION 11 - DISCLAIMER OF WARRANTIES
WE DO NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE SITE OR ANY VERIFICATION SERVICES DONE ON OUR HOSTS OR HOSTS, OR (II) ADOPT,ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY HOST OR HOST ORANY PARTY THAT APPEARS ON THE SITE. UNDER NO CIRCUMSTANCES WILLWE BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON OR AVAILABLE FROM THE SITE.
SECTION 12 - LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE ORANY OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (INCLUDING HOSTS AND HOSTS) (COLLECTIVELY, THE"PROTECTED ENTITIES") BE LIABLE FOR ANY 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 SITE OR THE CONTENT, MATERIALS, PRODUCTS,SERVICES, AND FUNCTIONS RELATED TO THE SITE, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS TOTHE EXTENT REQUIRED BY APPLICABLE LAW.
SECTION 13 - TERMINATION
We may terminate, change, suspend or discontinue any aspect of the Site or theSite's products or services at any time. We may restrict, suspend or terminate your access to the Site and/or its products or services if we believe you are in breach of these Terms and Conditions or applicable law, you are a repeat infringer of intellectual property rights, or for any other reason without notice or liability.
SECTION 14 - MODIFICATIONS
We reserve the right, at our sole discretion, to modify any portion of these Terms and Conditions at any time. Changes in these Terms and Conditions will be effective when posted. Your continued use of the Site and/or the products or services offered on or through the Site after any changes to these Terms andConditions are posted will be considered acceptance of those changes.
SECTION 15 - WAIVERS
Our failure to act with respect to a breach of these Terms and Conditions by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches.
SECTION 16 - FORCE MAJEURE
Neither party hereto shall be responsible for delays or failures in performance resulting from acts beyond its reasonable control and without its fault or negligence. Such excusable delays or failures may be caused by, among other things, strikes, lock-out, riots, rebellions, accidental explosions, floods, storms, acts of God and similar occurrences.
SECTION 17 - GOVERNING LAW AND JURISDICTION
Any claim, action, lawsuit or proceeding arising out of or related to this website and the services and products provided, shall be instituted exclusively in the federal courts of the North Carolina and the user hereof irrevocably submits to the exclusive jurisdiction of such courts in any claim, action, lawsuit or proceeding, and waives any objection based on improper venue.
SECTION 20- DMCA TAKEDOWN NOTICE PROCEDURE
Zoomie abides by the DMCA by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. For your complaint to bevalid under the DMCA, please provide the following information:
1. Identification of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), URL(s) etc.;
2. Identification to enable Zoomie to identify and locate the material that is allegedly infringing the Rights Holders’ work(s)
3. Contact information for the Rights Holder so that we can contact them
4. A statement that the Rights Holder has a good faith belief that the use ofthe material identified above in 2 is not authorized by the copyright owner,its agent, or the law;
5. A statement, under penalty of perjury, that the information in thenotification is accurate and that the Rights Holder is authorized to act onbehalf of the copyright owner; and
6. The Rights Holder’s physical or electronic signature.
SECTION 21- MONITORING
Zoomie will monitor user activity as it has a duty of care to the copyright ownersand requires this data for reporting and other uses. Additionally, Zoomie willapply a variety of technologies to the service to ensure the copyrights of thecourses, and the copyrights created by Zoomie are not misused, stolen or abused.
SECTION 22 -COPYRIGHT
Copyright © 2020 All rights reserved. All materials presented on this site arecopyrighted and owned by us, or other individuals or entities as designated. Anyrepublication, retransmission, reproduction, downloading, storing ordistribution of all or part of any materials found on this site is expresslyprohibited.