Terms & Conditions
Inzpira Edu Solutions Private Limited | hello@inzpira.in | www.inzpira.in
User Agreement
Welcome to the Inzpira Edu Solutions Private Limited. (“Inzpira”),
application and website! We connect individuals who want to learn a
language with a language expert/trainer who can help them learn
(“Trainers”) for real time video chat foreign language Training sessions
(“Training Services”). This User Agreement (this “Agreement”) applies
to users, and where users are minors/children under the age of 13, their
parent or legal guardian, who visit and engage Trainers for language
Training services (collectively or individually “Students”), whether
through our websites, inzpira.com, Inzpira.in, inzpira.ae, and
online.inzpira.net (the “Sites”) or Inzpira or Inzpira mobile device
applications (the “Apps”) together “the Platform.”
PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT
PROVIDES THAT ALMOST ALL DISPUTES BETWEEN YOU AND INZPIRA ARE SUBJECT TO
BINDING ARBITRATION AND CONTAINS A WAIVER OF CLASS AND COLLECTIVE
ACTION RIGHTS AND ANY RIGHT TO A JURY TRIAL AS DETAILED IN THE
ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. BY ENTERING THIS
AGREEMENT, YOU GIVE UP YOUR RIGHT TO SUE IN COURT, HAVE YOUR CLAIMS
HEARD BY A JURY, AND TO BE PART OF A CLASS OR COLLECTIVE ACTION, TO
RESOLVE THESE DISPUTES, AS EXPLAINED IN MORE DETAIL IN THAT SECTION.
PLEASE REVIEW THIS AGREEMENT IN ITS ENTIRETY. WHEN YOU EXECUTE THIS
AGREEMENT, YOU WILL BE LEGALLY BOUND BY ITS TERMS AND CONDITIONS. BY
CLICKING ON “I AGREE TO THE USER AGREEMENT AND PRIVACY POLICY” AND
REGISTERING FOR A USER ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ,
UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE
ARBITRATION AND CLASS ACTION PROVISIONS AND VIDEO RECORDING PROVISIONS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT CLICK “ACCEPT” OR ENGAGE IN ANY TRAINING SERVICES.
NOTE TO KIDS under 13 years of age: Individuals
under the age of 13 are not permitted to use the Platform and Training
Services until their parent or legal guardian provides verifiable
consent to Inzpira.
1. Independent Contractor Relationship between Student and Trainer, Inzpira is a Marketplace Provider.
You acknowledge that Trainers are independent contractors operating an
independent business enterprise who use the Platform to offer and
provide Training Services to Students. Student acknowledges and agrees
that Inzpira has no responsibility for, control over, or involvement in
the scope, nature, quality, character, timing or location of any work or
services performed by Trainer, including any work or services that any
individual affiliated with the Trainer may provide, either as an
employee, independent contractor, or otherwise. Student further
represents, acknowledges, and warrants that throughout the Term it shall
at all times treat Trainer as independent contractors and that Student
will take no action that is inconsistent with such classification.
1.1 Student acknowledges that Inzpira is not an employer
of, or joint employer or integrated or single enterprise with any
Trainer or Student. Inzpira is not responsible for the performance or
non-performance of any Trainer or Student. Each Trainer is solely and
entirely responsible for their own acts and for the acts of their
employees, subcontractors, affiliates and agents. Each Student is
solely and entirely responsible for their own acts and for the acts of
their employees, subcontractors, affiliates, and agents. Inzpira is
under no obligation to ensure any Session is completed to Student’s
satisfaction.
1.2 Student acknowledges that Trainer is, and shall at all
times be and remain, an independent contractor providing services to
identified Students utilizing the Inzpira platform. Nothing in this
Agreement or otherwise shall be construed as identifying Trainer,
Student, or their personnel or representatives as an employee, agent, or
legal representative of Inzpira or any of Inzpira’s related or
affiliated entities for any purpose, and Student and Trainer and any
respective representatives shall not hold themselves out as employees of
Inzpira in any capacity.
1.3 Student is not to transact business, incur obligations,
sell goods, receive payments, solicit goods or services, enter into any
contract, or assign or create any obligation of any kind, express or
implied, on behalf of Inzpira or any of Inzpira’s related or affiliated
entities, or to bind in any way whatsoever, or to make any promise,
warranty, or representation on behalf of Inzpira or any of Inzpira’s
related or affiliated entities regarding any matter, except as expressly
authorized in this Agreement or in another writing signed by an
authorized officer of Inzpira. Further, Student shall not use Inzpira’s
trade names, logos, trademarks, service names, service marks, or any
other proprietary designations without the prior written approval of
Inzpira.
1.4 Student understands that, except as otherwise
specifically agreed between Student and Trainer, Trainer will provide
all equipment, tools, materials, and labor that he or she needs to
perform the Training Services agreed to with Student and that Inzpira
will provide no equipment, tools, materials, or labor that may be needed
to perform the Training Services under this Agreement. Inzpira will,
however, provide both Student and Trainer with access to the Platform to
facilitate access to available, optional support resources and
materials, if Student so chooses.
1.5 Trainer is solely responsible for scheduling the timing
of Training Services and agrees to do as consistent with the Student’s
scheduling requirements. Student agrees and understands that Inzpira
plays no role in scheduling or delivery of Training Services.
1.6 Student understands and agrees that Trainer is solely
responsible for determining how Training Services will be completed, as
well as the preparation and additional work necessary to properly
perform Training Services to the satisfaction of Student.
1.7 Student understands that Trainer may hire employees or
engage contractors or subcontractors (at his or her sole expense) to
assist with providing the Training Services; however, Trainer’s
employees or subcontractors may not be used to deliver Training Services
on behalf of Trainer without the express written permission of
Student. Student understands and acknowledges that Trainer acknowledges
that they remain solely and exclusively responsible for the timely
provision of the Training Services to meet Student’s requirements and
specifications.
1.8 Student understands and acknowledges that Trainer shall
remain responsible for and shall pay all operational costs, expenses,
and disbursements relating to operating Trainer’s business (including
the activities of any employees or subcontractors) and the provision of
the Training Services under this Agreement.
2. Privacy Policy and Guidelines. Inzpira’s
Privacy Policy is incorporated into this Agreement. Please read this
notice carefully for details relating to the collection, use, and
disclosure of your personal information. When using
the Platform, you are subject to any additional posted guidelines or
rules applicable to specific services, offers, and features (the
“Guidelines”). All such Guidelines are incorporated by reference into
this Agreement.
3. Modification. Inzpira may make
modifications to this Agreement (“Changes”) at any time. Such Changes
will be effective as to existing users after Inzpira provides notice of
the Changes, either through the Platform user interface or sent to the
e-mail address associated with your user account; and when you opt-in or
otherwise expressly agree to the Changes or a version of this Agreement
incorporating the Changes. If you provide written notice that you do
not accept a proposed Change or decline to expressly agree to a proposed
Change, Inzpira may terminate this Agreement and your use of the
Platform.
4. License to Use the App. If you have
downloaded the App, then subject to your compliance with all the terms
and conditions of this Agreement, Inzpira grants you a limited,
nonexclusive, nontransferable, revocable license to install and use the
App on a compatible mobile device that you own or control for your
personal, non-commercial purposes, in each case in the manner enabled by
Inzpira. If you are using the App on an Apple, Inc. (“Apple”) iOS
device, the foregoing license is further limited to use permitted by the
“Usage Rules” set forth in Apple’s App Store Terms of Service. Any use
of the Apps other than for private, non-commercial use is strictly
prohibited.
5. Ownership; Proprietary Rights. The
Platform is owned and operated by Inzpira. The videos, content, visual
interfaces, information, graphics, design, compilation, computer code,
products, software, services, and all other elements of the Service,
Sites and Apps (“Inzpira Materials”) are protected by Indian copyright,
trade dress, patent, and trademark laws, international conventions, and
all other relevant intellectual property and proprietary rights, and
applicable laws. All Inzpira Materials are the property of Inzpira or
its subsidiaries or affiliated companies and/or third-party licensors.
All trademarks, service marks, and trade names are proprietary to
Inzpira or its affiliates and/or third-party licensors. Except as
expressly authorized by Inzpira, you agree not to sell, license,
distribute, copy, modify, publicly perform or display, transmit,
publish, edit, adapt, create derivative works from, or otherwise make
unauthorized use of the Inzpira Materials.
6. Mobile Services. Use of the Apps
requires usage of data services provided by your wireless service
carrier. You acknowledge and agree that you are solely responsible for
data usage fees and any other fees that your wireless service carrier
may charge in connection with your use of the Apps.
7. Services.
7.1 Service Generally. The Platform allows you to request
and engage in a video chat session on demand with an independent
contractor in the business of providing Training services, who is
subject expert (“Trainer(s)”) for purposes of practicing conversation
skills in the language of your choice (a “Session”). You agree to only
engage in Sessions for your personal, non-commercial purposes and agree
not to record, copy, redistribute, broadcast, publicly perform or
publicly display any such Session, except as allowed by this Agreement.
7.2 Trainer Availability. Sessions are subject to Trainer
availability, and Inzpira does not guarantee that any particular (or
any) Trainer will be available at any given time. You hereby
acknowledge that all Trainers are independent contractors offering their
services to you via the Service and are not employees or agents of
Inzpira. Inzpira makes no representation or warranty regarding the
results of engaging in a Session, including without limitation that your
experience with a Trainer will meet your expectations or goals.
7.3 Trainer Integrity. Trainers are subject to periodic
check-ins. You acknowledge that Inzpira has no duty to verify any
stated credentials, experience or qualifications of any Trainer, and
that Inzpira does not conduct any screening of Trainers other than as
expressly set forth in this Section 7.2. If you wish to submit a
complaint regarding any Trainer, please contact Inzpira
at help@Inzpira.com.
7.4 Payment. Students pay for Training Services by the
hour or through a payment plan. If you access the Service through the
Apps, payment will occur through the Apple App Store. If you access the
Service through the Sites, payment will occur through a third party
payment systems (e.g., PayPal). All payment terms and conditions are
governed by your applicable agreements with Apple and the third party
payment system.
7.5 Refunds. Purchased live interactive courses are
refundable if a refund request is raised within two (2) sessions or 10
days, whichever is earlier. If you have been mistakenly charged for a
course you did not purchase, you may request a refund. Video courses are
non-refundable. If live interactive were purchased on the Apps,
refunds will be handled by the Apple App Store as described at
http://support.apple.com/kb/HT1933. If you purchased coureses through
the Sites, refunds can be handled by the third party payment system or
Inzpira. If you feel you have been charged in error, please contact
Inzpira at help@Inzpira.com. A refund request must be received by
Inzpira within ten (10) days of the charge in order to be considered.
7.6 Timing. Our live interactive courses are calculated on
hours basis. If you book a 1 hour session, then 1 hour will be deducted
from your total hours the course comes with. If you book a 30 minutes
session, 0.5 hours will be deducted from your total course
duration/hours.
7.7 General. All fees are nonrefundable post the refund
period. All fees are payable in Indian Rupees except as otherwise
enabled by the Apple App Store or the website. Fees displayed to you
are exclusive of any taxes that may be due in connection with such fees,
and you agree to pay any such taxes that may be due, other than taxes
based on Inzpira’s net income. You also agree to pay Inzpira any costs
and expenses incurred by Inzpira, including reasonable attorney’s fees,
in recovering any fees due hereunder.
8. Sessions
8.1 Hardware and Software. Engaging in a Session requires
compatible hardware and may require the download and installation of
specified software. You are solely responsible for acquiring and
installing any such hardware and software and for determining
compatibility with your system, and hereby assume all risk and liability
associated with such hardware and software. You acknowledge that it is
your responsibility to review and comply with all applicable license
agreements and other terms and conditions relating to all software you
use in connection with Sessions and the Platform, generally.
8.2 Prohibited Behavior in Sessions. You agree not to
engage in any activity that would infringe, misappropriate or violate
any third party intellectual property rights or that is unlawful,
defamatory, libelous, threatening, pornographic, harassing, hateful,
racially or ethnically offensive or encourages conduct that would be
considered a criminal offense, give rise to civil liability, violate any
law or is otherwise inappropriate. You agree to engage in Sessions for
the sole purpose of practicing your language skills. You acknowledge
that Inzpira does not have any duty to monitor Sessions or have any
control over the content of a Session, and that you may be exposed to
material that you find objectionable in the course of engaging in a
Session and that Inzpira shall have no liability in connection
therewith. Inzpira may, at any time, remove any user that violates this
Agreement. To report any inappropriate activity, please e-mail Inzpira
at help@Inzpira.com.
8.3 False Information by Student. You agree that you will
not: (i) publish falsehoods or misrepresentations; (ii) submit material
that is unlawful, defamatory, libelous, threatening, pornographic,
harassing, hateful, racially or ethnically offensive or encourages
conduct that would be considered a criminal offense, give rise to civil
liability, violate any law or is otherwise inappropriate; or (iii) post
advertisements or solicitations of business. Inzpira does not endorse
any opinion, recommendation, or advice expressed by Trainers or other
students, and Inzpira expressly disclaims any and all liability in
connection with such opinions, recommendations or advice. You
understand and acknowledge that you may be exposed to content that is
inaccurate, offensive, indecent, or objectionable, and you agree to
waive, and hereby do waive, any legal or equitable rights or remedies
you have or may have against Inzpira with respect thereto.
8.4 Recording; Content. Sessions may be recorded or
monitored. You hereby consent to: (i) the monitoring or recording of
any Session you engage in, including your likeness therein; (ii) Inzpira
copying and using such recordings for any business purpose, including
without limitation for purposes of Trainer evaluation, Trainer training,
dispute resolution and improving the Service; (iii) such recording
being made available to the other party to the Session; (iv) such
recordings being made available for you to review, (v) such recording
being used or disclosed by Inzpira to the extent required by law or
legal process or to the extent Inzpira deems necessary for purposes of
enforcing or protecting its rights or the rights of a third party. You
hereby waive any rights of publicity, privacy or other rights under
applicable law to the extent such rights could be used to prevent
Inzpira from using Session recordings as contemplated hereunder, and
hereby grant a worldwide, non-exclusive, fully paid-up, royalty-free,
irrevocable, perpetual, sublicenseable, and transferable license under
any intellectual property rights you may have in or to any Session
recording or content therein to Inzpira to copy, modify, distribute and
use such recording and content for its business purposes or as required
by law or legal process.
9. Account Data.
9.1 Registration. Students must register and create an
account through the Platform. Registration requires you to: (i) create a
unique user name and password, (i) provide an e-mail address, (iii)
indicate your current country of domicile, (iv) indicate your native
language, (v) indicate the language you wish to practice, and (vi)
indicate your gender. Note that Inzpira does not have access to your
payment card information. You agree that the information you provide,
at all times, will be true, accurate, current, and complete. You also
agree that you will ensure that this information is kept confidential,
accurate and up-to-date at all times.
9.2 Password. When you register you will be asked to
provide a password. As you will be responsible for all charges and
other activities that occur under your password, and you agree to keep
your password confidential. You are solely responsible for maintaining
the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. If you have
reason to believe that your account is no longer secure (for example, in
the event of a loss, theft or unauthorized disclosure or use of your
account ID or password), you will immediately notify Inzpira. You may
be liable for the losses incurred by Inzpira or others due to any
unauthorized use of your account.
9.3 Personal Use. Your Inzpira account, and the course you
purchase for use with your account, are for your use only. You agree
not to share your user name and password or otherwise permit any other
person to access or use your Inzpira account or purchased courses.
10. Prohibited Uses.
Unlawful Use. As a condition of your use of the Platform, you will
not use the Platform for any purpose that is unlawful or prohibited by
this Agreement. Access to the Inzpira Materials, Sites or Apps from
territories where their contents are illegal is strictly prohibited.
Students and Trainers are responsible for complying with all local
rules, laws, and regulations including, without limitation, rules about
intellectual property rights, the internet, technology, data, e-mail, or
privacy.
10.1 Unauthorized Use. You may not use the Platform in any
manner that in our sole discretion could damage, disable, overburden, or
impair it or interfere with any other party’s use of the Platform. You
may not intentionally interfere with or damage the operation of the
Platform, or any user’s enjoyment of it, by any means, including
uploading or otherwise disseminating viruses, worms, or other malicious
code. You may not remove, circumvent, disable, damage or otherwise
interfere with any security-related features of the Platform, features
that prevent or restrict the use or copying of any content accessible
through the Platform, or features that enforce limitations on the use of
the Platform. You may not attempt to gain unauthorized access to the
Platform, or any part of it, other accounts, computer systems or
networks connected to the Platform, or any part of it, through hacking,
password mining or any other means or interfere or attempt to interfere
with the proper working of the Platform or any activities conducted on
the Platform. You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available through
the Platform. You agree neither to modify the Platform in any manner or
form, nor to use modified versions of the Platform, including (without
limitation) for obtaining unauthorized access to the Platform.
10.2 Robots. The Sites may contain robot exclusion headers.
You agree that you will not use any robot, spider, scraper, or other
automated means to access the Platform for any purpose without our
express written permission or bypass our robot exclusion headers or
other measures we may use to prevent or restrict access to the Platform.
10.3 Trademark Restrictions. You may not utilize framing
techniques to enclose any trademark, logo, or other Inzpira Materials
without our express written consent. You may not use any Inzpira logos,
graphics, or trademarks, including as part of any meta tags or any
other “hidden text,” without our express written consent, except as
permitted in this Agreement.
11. Availability of Service. Inzpira may
make changes to or discontinue any of the media, products or services
available within the Platform at any time, and without notice. The
media, products or services on the Platform may be out of date, and
Inzpira makes no commitment to update these materials on the Platform.
12. Notice. Except as explicitly stated
otherwise, all notices and other communications shall be in writing and
shall be deemed to have been duly given or made (i) with delivery by
hand, when delivered, (ii) with delivery by certified or registered
mail, postage prepaid.
13. Member Disagreements. You alone are
responsible for your engagement with Trainers or other Students.
Inzpira reserves the right, but has no obligation, to monitor
disagreements between you and Trainers or other Students.
14. Termination. You agree that Inzpira,
for any or no reason, may terminate this Agreement or your use of the
Platform, and remove and discard all or any part of your account at any
time by providing written notice to the other party. Inzpira may also
at any time discontinue providing access to the Platform, or any part
thereof, with or without notice. You agree that any termination of your
access to the Platform or any account you may have or portion thereof
may be effected without prior notice, and you agree that Inzpira shall
not be liable to you or any third-party for any such termination.
Inzpira does not permit copyright infringing activities on the
Platform, and reserves the right to terminate access to the Platform,
and remove all content submitted, by any infringers. Any suspected
fraudulent, abusive, or illegal activity that may be grounds for
termination of your use of the Platform may be referred to appropriate
law enforcement authorities. These remedies are in addition to any
other remedies Inzpira may have at law or in equity.
15. Disclaimers; No Warranties.
THE SERVICE, SITE, APP AND ANY THIRD-PARTY, MEDIA, SOFTWARE, SERVICES,
OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE
SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER
EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, INZPIRA, AND ITS SUPPLIERS, LICENSORS AND PARTNERS,
DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
INZPIRA, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DO NOT WARRANT
THAT THE FEATURES CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, SITE,
APP OR THE SERVERS THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS.
INZPIRA, AND ITS SUPPLIERS, LICENSORS AND PARTNERS, DO NOT WARRANT OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE PLATFORM IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE. YOU (AND NOT INZPIRA NOR ITS SUPPLIERS, LICENSORS OR
PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR
CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, OR OTHERWISE
OBTAIN MEDIA, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE PLATFORM AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
16. Indemnification; Hold Harmless. You
agree to indemnify and hold Inzpira, and its affiliated companies, and
its suppliers, licensors and partners, harmless from any claims, losses,
damages, liabilities, including attorney’s fees, arising out of your
use or misuse of the Platform, violation of the rights of any other
person or entity, or any breach of this Agreement. Inzpira reserves the
right, at our own expense, to assume the exclusive defense and control
of any matter for which you are required to indemnify us and you agree
to cooperate with our defense of these claims.
17. Limitation of Liability and Damages.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE,
SHALL INZPIRA OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR
THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT
RESULT FROM YOUR USE OR THE INABILITY TO USE THE INZPIRA MATERIALS ON
THE SERVICE, THE SERVICE ITSELF, OR ANY OTHER INTERACTIONS WITH INZPIRA,
EVEN IF INZPIRA OR A INZPIRA AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE
LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
SUCH CASES, INZPIRA’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED
BY LAW.
IN NO EVENT SHALL INZPIRA’S OR ITS AFFILIATES, CONTRACTORS,
EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR
RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE (WHETHER IN CONTRACT,
TORT, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF: (A) THE TOTAL
AMOUNTS YOU HAVE PAID TO INZPIRA HEREUNDER DURING THE SIX (6) MONTHS
PRECEDING THE DATE OF THE CLAIM AND (B) FIFTY (50) U.S. DOLLARS.
THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED
BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD
PARTIES OTHER THAN INZPIRA AND RECEIVED BY YOU THROUGH OR ADVERTISED ON
THE SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE
SERVICE.
14. Arbitration Agreement and Class and Collective Action Waiver.
Inzpira and Student mutually agree to resolve any and all covered
justiciable disputes between them exclusively through final and binding
arbitration instead of a court or jury trial. This arbitration
agreement requires the arbitration of any claims that Inzpira or Student
may have against the other or against any of their:
- officers, directors, employees, subcontractors, or agents in their capacity as such or otherwise,
- direct or indirect parents and subsidiaries, and
- affiliates, agents, successors or assigns,
each and all of which may enforce this arbitration agreement as direct or third-party beneficiaries.
17.1 If either party initiates arbitration, the initiating
party must notify the other party in writing via Indian Registered
Postal Service, or hand delivery within the applicable statute of
limitations period. This demand for arbitration must include: (i) the
name and address of the party seeking arbitration; (ii) a statement of
the legal and factual basis of the claim; and (iii) a description of the
remedy sought. Any demand for arbitration by Student must be delivered
to Inzpira at JRA 155, C.S Road, Jagathy, Trivandrum – 14, Kerala. The
Arbitrator will resolve all disputes regarding the timeliness or
propriety of the demand for arbitration.
17.2 This arbitration agreement is the full and complete
agreement relating to the formal resolution of disputes covered by this
arbitration agreement. If any portion of this arbitration agreement is
deemed unenforceable, the remainder of this arbitration agreement will
be enforceable. This arbitration agreement survives after the
termination of this Agreement and/or after Student ceases any
relationship with Inzpira. Notwithstanding any contrary language, this
arbitration agreement may not be modified or terminated absent a writing
signed (electronically or otherwise) by both Student and an authorized
representative of Inzpira.
18. Language. Any action brought under this Agreement shall be conducted in the English language.
19. Communications. Under this Agreement, Student consents
to receive communications from the Company electronically. The Company
will communicate with Student by e-mail or by posting notices on the
Sites or Apps. Student agrees that all agreements, notices,
disclosures, and other communications that the Company provides to
Student electronically satisfy any legal requirement that such
communications be in writing.
20. Complete Agreement. This Agreement contains the entire
understanding between the parties and supersedes, replaces and takes
precedence over any prior understanding or oral or written agreement
between the parties respecting the subject matter of this Agreement.
There are no representations, agreements, arrangements, nor
understandings, oral or written, between the parties relating to the
subject matter of this Agreement that are not fully expressed herein.
21. Severability. In the event any provision of this
Agreement shall be held invalid, the same shall not invalidate or
otherwise affect in any respect any other term or terms of this
Agreement, which term or terms shall remain in full force and effect.
22. Successors and Assigns. This Agreement shall be
binding upon Student and inure to the benefit of Inzpira and its
successors and assigns, including, without limitation, any entity to
which substantially all of the assets or the business of Inzpira are
sold or transferred. Trainer shall not be entitled to assign this
Agreement or any of Student’s rights or obligations hereunder.
23. Survival. Sections 1, 2, 6, 7, 8 and 11 through 31 will survive any termination of this Agreement.
24. Non-Waiver. No delay or omission by the Company in
exercising any right under this Agreement shall operate as a waiver of
that or any other right. A waiver or consent given by the Company on
any one occasion shall be effective only in that instance and shall not
be construed as a bar or waiver of any right on any other occasion.
25. Amendment. This Agreement may be amended or modified
only by a written instrument executed by both the Company and Student.
26. Counterparts. This Agreement may be executed in two
(2) signed counterparts, each of which shall constitute an original, but
all of which taken together shall constitute the same instrument.
27. Headings. The headings and other captions in this
Agreement are included solely for convenience of reference and will not
control the meaning and interpretation of any provision of this
Agreement.
28. Governing Law; Jurisdiction. Other than the
Arbitration Agreement and Class Action Waiver, which shall be governed
by the Federal Arbitration Act, this Agreement will in all respects be
is governed by the laws of the State in which Student resides if Student
is a U.S. resident and the United States of America without reference
to its principles of conflicts of laws.
29. More Information; Complaints. The services hereunder are offered by Inzpira, with e-mail: hello@Inzpira.com.
30. Signature. This Agreement may be signed and is
enforceable by electronic signature, digital signature, wet signature,
and facsimile signature.