Capella Zen (“ C.Z.”) is the first owner, publisher and operator of the Capellazen.com web (“Application”) more particularly described in Schedule -1 Annexed hereto.

1. OBJECT AND APPLICABILITY OF TERMS
Please carefully go through these terms and conditions (“Terms”) and the privacy policy available at Capellazen.com (“Privacy Policy”) before you decide to access the services made available on the Application by Capella Zen. These Terms and the Privacy Policy together constitute a legal agreement (“Agreement”) between you and Capella Zen in connection with your visit and your use of the Services (as defined below).

DEFINITIONS:

A. Account” shall mean the account that would be duly registered by the User under the Application by following the prescribed procedure as may be provided under the Application, in order to qualify as a registered member

B. Personal Information” shall mean have the meaning ascribed to it in the privacy policy.

C. Subscription Fees” shall mean the fees applicable for the purpose of accessing/ enrolling/registering to the Services provided under the Application, as may be determined by Capella Zen, at its sole discretion, from time to time

D. “User(s)” or “End-User” or “you” or “your” or “yourself” shall have the meaning ascribed to it in herein below.

The Agreement applies to you whether you are :-
i. A Subscriber (whether an individual professional or an organization) or similar institution wishing to be listed, or already listed, on the Application, including designated, authorised associates of such Subscriber or institutions (“Subscriber (s)”, “you” or “User”); or
ii. An individual , his/her representatives, affiliates, searching for an Expert through the Application (“End-User”, “you” or “User”); or
iii. Otherwise a user of the Application (“you” or “User”), all of whom shall collectively/singly be referred to as “Users/ User”.

This Agreement applies to those services made available by Capella Zen on the Application, which are offered free of charge to the Users (“Services”), including the following:

i. LIST THE SERVICES
Facility to
(i) Gather information through blogs, Expert interviews, Seminars in the areas of Personal Finance, Legal Rights, Career Management and Wellbeing’,
(ii) search for Expert by name, specialty, and geographical area, or any other criteria that may be developed and made available by Capella Zen and
(iii) to make appointments with Expert.

The Services may change from time to time, at the sole discretion of Capella Zen and the Agreement will apply to your visit to and your use of the Application to avail the Service, as well as to all information provided by you on the Application at any given point in time.

This Agreement defines the terms and conditions under which you are allowed to use the Application and describes the manner in which we shall treat your account while you are registered as a member with us. If you have any questions about any part of the Agreement, feel free to contact us at support@Capellazen.com

(A) By downloading or accessing the Application to use the Services, you irrevocably accept all the conditions stipulated in this Agreement and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you. By availing any Service, you signify your acceptance to the terms and conditions of this Agreement.

(B) We reserve the right amend to modify or terminate any portion of the Agreement for any reason and at any time, and such amendments and modifications shall be informed to you in writing/ email and shall supersede and replace all previous versions of the same You should read the Agreement at regular intervals. Your use of the Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Application or to particular Service are also considered as part of the Agreement.

(C) You acknowledge that you will be bound by this Agreement for availing any of the Services offered by us. If you do not agree with any part of the Agreement, please do not use the Application or avail any Services. Your access to use of the Website and the Services will be solely at the discretion of Capella Zen.

(D) Upon termination all obligation of and upon the User mentioned in this agreement will continue and survive termination

(E) The Agreement is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:
• i. the Indian Contract Act, 1872,
  ii. the (Indian) Information Technology Act, 2000, and
  iii. Other extant laws within Indian territories

2. TERMS AND STIPULATION OF USE
You must be 18 years of age or older to register, use the Services, or visit or use the Application in any manner. By registering, visiting and using the Application or accepting this Agreement, you represent and warrant to Capella Zen that you are 18 years of age or older, and that you have the right, authority and capacity to use the Application and the Services available through the Application, and agree to and abide by this Agreement.

3. TERMS OF USE APPLICABLE TO ALL USERS

3.1 USER ACCOUNT AND DATA PRIVACY

(A) The terms “personal information” and “sensitive personal data or information” are reproduced in the Privacy Policy.

(B) Capella Zen may by its Services, exchange or share personal information” and “sensitive personal data or information”, collect information relating to the devices “Collectively Information” through which User/Users access the Application, and anonymous data of your usage. The information may be used only for improving the quality of Capella Zen services and to build new services.

(C) The Application allows Capella Zen to have access to registered Users’ personal email or phone number, for communication purpose so as to provide you a better way of security, booking appointments, searching and for obtaining feedback in relation to the Experts and their practice and updates

(D) The Privacy Policy sets out:-
• (i) The type of information collected from Users, including sensitive personal data or information;
  (ii) The purpose, means and modes of usage of such information;
  (iii) How and to whom Capella Zen will disclose such information; and,
  (iv) Other information mandated by the laws within India

(E) The User is expected to read and understand the Privacy Policy, so as to ensure that he or she has the knowledge of:
• (i) the fact that certain information is being collected;
  (ii) the purpose for which the information is being collected;
  (iii) the intended recipients of the information;
  (iv) the nature of collection and retention of the information; and
  (v) the various rights available to such Users in respect of such information.

(F) Capella Zen shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to Capella Zen or to any other person acting on behalf of Capella Zen

(G) The User is responsible for maintaining the confidentiality of the User’s account access information and password, if the User is registered on the Application. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify Capella Zen of any actual or suspected unauthorized use of the User’s account or password. Although Capella Zen will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Capella Zen or others due to such unauthorized use.

(H) If a User provides any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Capella Zen has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Capella Zen has the right to discontinue the Services to the User at its sole discretion.

(I) Capella Zen may use such information collected from the Users from time to time for the purposes of debugging customer support related issues

(J) Capella Zen provide Users with an account on the Website. The specific terms relating to such account are as below, without prejudice to the rest of these Terms and the Privacy Policy;
• (i) Your Account is only created after you have signed up and explicitly accepted these Terms;
  (ii) Information available in your Capella Zen Account is of Two type:
  • (a)User-created: Information generated and uploaded by you.
    (b)Practice-created: Information generated by your interaction with an Expert who uses Services of software
  (iii) Any Practice created information is provided on an as-is basis and Capella Zen does not validate the said information and makes no representation in connection therewith. You should contact the relevant Expert in case you wish to point out any discrepancies or add, delete, or modify the information in any manner.
  (iv) While we strive to maintain the highest levels of service availability, Capella Zen is not liable for any interruption that may be caused to your access of the Services.
  (vi) It is your responsibility to keep your correct mobile number and email ID updated in the Account. The records will be sent to the account associated with this mobile number and/or email ID. Every time you change any contact information (mobile or email), we will send a confirmation. Capella Zen is not responsible for any loss or inconvenience caused due to your non-updating of your contact details for the Account.
  (vii) Capella Zen uses industry–level security and encryption to your Account. However, Capella Zen cannot guarantee prevent unauthorized access if you lose your login credentials or they are otherwise compromised. Please safeguard your login credentials and report any actual suspected breach of account to support@Capellazen.com.

(J) If you access your dependents’ record through your Account by registering your dependents with your own Account, you are deemed to be responsible for the records of your dependents and all obligations that your dependants would have had had they maintained their own separate individual Accounts.

(K) Return of User’s Data: Upon request by a User made within 30 (thirty) days after the effective date of termination of a Subscription Services subscription due to non­payment, Capella Zen will make available to the User for download a copy of such User’s data in pdf format or any other format as determined by Capella Zen. After such 30 (thirty) days period, Capella Zen shall have no obligation to maintain or provide any of such User’s data and shall thereafter, unless legally prohibited, delete all User’s data in its systems or otherwise in its possession or under its control. In cases where User terminates the subscription voluntarily, it will be the sole responsibility of the User to make a copy of their data before terminating the subscription ­ Users data will not be available after termination of subscription in such cases.

(L) Capella Zen shall have no obligation/ no responsibility towards the User for and in respect of the speed of internet, Wifi Facility as and when available, use of 3G, 4G services towards use of the application by User. Any loss of data, communication etc on account of default in internet services as highlighted above in this Clause shall be the sole responsibility of the service provider and Capella Zen does not share any responsibility for the same.

(M) Capella Zen holds no responsibility on charges levied by the service provider in respect of internet data use and charges incurred by the User for the use of the application through the internet. The same shall be the responsibility of the service provider and Capella Zen shall not be responsible for any grievance relating to the service as provided by the service provider.

(N) Theft of Subscription Services
You agree to notify Capella Zen immediately, in writing or by mail to support@Capellazen.com , if your content is stolen or if you become aware at any time that your account with any Subscription Service is being misused or being used fraudulently. When you write, you must provide your account details and a detailed description of the circumstances of the theft or fraudulent use of the Subscription Services. Failure to do so promptly or within a reasonably prompt time period after discovery of the improper use may result in the termination of your Subscription Services and additional charges to you. You will be liable for all use of the Subscription Services if your account is misused and also for any and all stolen Subscription Services or fraudulent use of the Service. Notwithstanding anything herein to the contrary, Capella Zen shall not be liable to extend the subscription period or waive­off any fees on account of such theft or fraudulent use. This includes, but is not limited to, modem hijacking, wireless hijacking, or other fraud arising out of a failure of your internal or corporate security procedures. Capella Zen will not issue refunds for fraudulent use resulting from your negligent or willful acts or those of an authorized user of your Subscription Services

3.2 LISTING PERSPECTIVE
Capella Zen listing Perspective for the Experts is a fully automated system that lists the Experts, their profile and information regarding their Practice on its Application. These listings of Experts do not represent any fixed objective ranking or endorsement by Capella Zen. Capella Zen will not be liable for any change in the listing of the Experts, which may take place from time to time. The listing of Experts will be based on automated computation of the various factors including inputs made by the Users including their comments and feedback. The listing perspective is proprietary technology and cannot be disclosed in full. Such factors may change from time to time, in order to improve the listing algorithm. Capella Zen in no event will be held responsible for the accuracy and the relevancy of the listing order of the Experts on the Website.

3.3 LISTING CONTENT AND DISEMMINATING INFORMATION

(a) Capella Zen collects, directly or indirectly, and displays on the Application, relevant information regarding the profile and practice of the Experts listed on the Application, such as their specialisation, qualification, location, and similar details. Capella Zen takes reasonable efforts to ensure that such information is updated at frequent intervals. Although Capella Zen screens and vets the information and photos submitted by the Experts, it cannot be held liable for any inaccuracies or incompleteness represented from it, despite such reasonable efforts.

(b) The Services provided by Capella Zen or any of its licensors or service providers are provided on an “as is” and “as available’ basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade). Capella Zen does not provide or make any representation, warranty or guarantee, express or implied about the Application or the Services. Capella Zen does not guarantee the accuracy or completeness of any content or information provided by Users on the Application. To the fullest extent permitted by law, Capella Zen disclaims all liability arising out of the User’s use or reliance upon the Application, the Services, representations and warranties made by other Users, the content or information provided by the Users on the Application, or any opinion or suggestion given or expressed by Capella Zen or any User in relation to any User or services provided by such User

(c) The Application may be linked to the website/application of third parties, affiliates and business partners. Capella Zen has no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites/application or made available by/through our Application. Inclusion of any link on the Application does not imply that Capella Zen endorses the linked site. User may use the links and these services at User’s own risk

(d) Capella Zen assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Application or the downloading of any material, data, text, images, video content, or audio content from the Application. If a User is dissatisfied with the Application, User’s sole remedy is to discontinue using the Application.

(f) If Capella Zen determines that you have provided fraudulent, inaccurate, or incomplete information, including through feedback, Capella Zen reserves the right to immediately suspend your access to the Application or any of your accounts with Capella Zen and makes such declaration on the Application alongside your name as determined by Capella Zen for the protection of its business and in the interests of Users. You shall be liable to indemnify Capella Zen for any losses incurred as a result of your misrepresentations or fraudulent feedback that has adversely affected Capella Zen or its Users.

3.4 APPOINTMENT BOOKING AND INTEREACTION WITH EXPERT:

(A) While Capella Zen will facilitate you connecting with an expert, Capella Zen does not guarantee that a user will get a confirmed appointment/ or a meeting. Further, Capella Zen has no liability if such appointment is confirmed but later cancelled by Practices or Experts, or the Experts are not available as per the given appointment time.

(B) You understand and agree that any interactions and associated issues with other Users including but not limited to your issues and your experiences is strictly between you and the other Users. You shall not hold Capella Zen responsible for any such interactions and associated issues. For avoidance of doubt, Capella Zen is not involved in providing any expert opinion and hence is not responsible for any outcome between you and the Expert you interact with, pursuant to any interactions on the Application. If you decide to engage with an Expert to provide services to you, you do so at your own risk. The results of any search you perform on the Application for Experts should not be construed as an endorsement by Capella Zen of any such particular Expert. Capella Zen shall not be responsible for any breach of service or service deficiency by any Expert. We cannot assure nor guarantee the ability or intent of the Expert(s) to fulfil their obligations towards you. We advise you to perform your own investigation prior to selecting a Expert

(C) Without prejudice to the generality of the above, Capella Zen will not be liable for:
• i. any wrong financial advice, legal advice, career advice, well being advice, or the quality of service being given by the Expert(s), or any negligence on part of the Expert(s);
  ii. any type of inconvenience suffered by the User due to a failure on the part of the Expert to provide agreed services or to make himself/herself available at the appointed time, no show by the Expert, inappropriate treatment, or similar difficulties;
  iii. any misconduct or inappropriate behavior by the Expert or the Expert’s staff;
  iii. Cancellation or rescheduling of booked appointment or any variance in the fees charged;
  iv. any eventualities that might occur subsequent to using the services of a Expert, whom the User has selected on the basis of the information available on the Application or with whom the User has booked an appointment through the Application

(D) Further, Capella Zen 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 another User. All such feedback should be made in accordance with applicable law. The option of Users to give feedback remains at sole discretion of Capella Zen and may be modified or withdrawn at its sole discretion. Capella Zen may moderate such feedback at any time. Capella Zen shall not be obliged to act in any manner to give effect to the content of Users’ feedback, such as suggestions for delisting of a particular Expert from the Application.

3.5 NATURE OF RELATIONSHIP

(A) Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on the Application (including information provided in direct response to your questions or postings) may be provided by individuals in the their respective profession. The provision of such Information does not create a licensed professional/Client relationship, between Capella Zen and you and does not constitute an opinion, financial/medical/ Legal advice, as provided by the Expert but is only provided to assist you with locating appropriate opinion from a qualified expert.

(B) It is hereby expressly clarified that, the Information that you obtain or receive from Capella Zen and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Application 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 Application. In no event shall we be liable to you or anyone.

(C) The Services are not intended to be a substitute for getting in touch with any kind of emergency be it in healthcare, legal, financial realm or any other field on this application. If you are an End-User facing any emergency (either on your or a another person’s behalf), please take appropriate steps for the same.

3.6 CONSULTATION

(A ) The User hereby grants consent to Capella Zen to transfer the queries posted by the User to Expert for the provision of the services under the application and agrees that any such information provided by the User will be subject to our Privacy Policy

(B) The Application is intended for general purposes only and is not meant to be used in emergencies.

(C) The User understands and agrees that any interactions and associated issues with the Expert on the application including but not limited to the User’s issues and the User’s experiences is strictly between the User and the Expert. The User shall not hold Capella Zen responsible for any such interactions and associated issues. If you decide to engage with a Expert to provide services to you, you do so at your own risk. Capella Zen shall not be responsible for any breach of service or service deficiency by Expert

3.7 CONTENT OWNERSHIP AND COPYRIGHT CONDITIONS OF ACCESS

(A) The contents listed on the Application are (i) User generated content, (ii) Expert Generated content belong to Capella Zen. The information that is collected by Capella Zen directly or indirectly from the End- Users and the Experts shall belong to Capella Zen. Copying of the copyrighted content published by Capella Zen on the Application for any commercial purpose or for the purpose of earning profit will be a violation of copyright and Capella Zen reserves its rights under applicable law accordingly.

(B) Capella Zen authorizes the User to view and access the content available on or from the Website solely for ordering, receiving, delivering and communicating only as per this Agreement. The contents of the Application, information, text, graphics, images, logos, button icons, software code, design, and the collection, arrangement and assembly of content on the Application (collectively, “Capella Zen ‘s Content “), are the property of Capella Zen and are protected under copyright, trademark and other laws. User shall not modify the Capella Zen’s content or reproduce, display, publicly perform, distribute, or otherwise use the Capella Zen’s content in any way for any public or commercial purpose or for personal gain.

(C) User shall not access the Services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.

(D) In case or circumstance User, intentionally or unintentionally or mistakenly copies, transcribes or post information that is copyrighted material of another person, company, associate or a legal entity, Capella Zen shall have no liability for the same, and in such circumstances, the User shall be responsible to indemnify Capella Zen against all legal actions so instituted by any third party in regards to unauthorised use of copyrighted material

3.8 REVIEWS AND FEEDBACK
By using this Application, you agree that any information shared by you with Capella Zen or with any Expert will be subject to our Privacy Policy.
You are solely responsible for the content that you choose to submit for publication on the Application, including any feedback, ratings, or reviews (“Critical Content”) relating to Experts. The role of Capella Zen in publishing Critical Content is restricted to that of an ‘intermediary’ under the Information Technology Act, 2000. Capella Zen disclaims all responsibility with respect to the content of Critical Content, and its role with respect to such content is restricted to its obligations as an ‘intermediary’ under the said Act. Capella Zen shall not be liable to pay any consideration to any User for re-publishing any content across any of its platforms. Your publication of reviews and feedback on the Application is governed by Clause 6 of these Terms. Without prejudice to the detailed terms stated in Clause 6, you hereby agree not to post or publish any content on the Application that (a) infringes any third-party intellectual property or publicity or privacy rights, or (b) violates any applicable law or regulation. Capella Zen at its sole discretion, may choose not to publish your reviews and feedback, if so required by applicable law, and in accordance with Paragraph 6 of these Terms. You agree that Capella Zen may contact you through telephone, email, SMS, or any other electronic means of communication for the purpose of:

i. Obtaining feedback in relation to Application or services; and/or

ii. Obtaining feedback in relation to any Expert Listed on the Application; and/or

iii. Resolving any complaints, information, or queries by Experts regarding your Critical Content and you agree to provide your fullest co-operation further to such communication by Capella Zen

Capella Zen Feedback Collection and Fraud Detection Policy, is annexed as the Schedule hereto, and remains subject always to these Terms

4. INDEPENDENT SERVICES
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 Capella Zen

5. OTHER RIGHTS

(A) Capella Zen reserves the rights to display sponsored ads on the Website. These ads would be marked as “Sponsored Listings”. Without prejudice to the status of other content, Capella Zen will not be liable for the accuracy of information or the claims made in the Sponsored Listings. Capella Zen does not encourage the Users to visit the Sponsored Listings page or to avail any services from them. Capella Zen will not be liable for the services of the providers of the Sponsored Listings.

(B) 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 Capella Zen accepts no liability for the same

6. RIGHTS AND OBLIGATIONS RELATING TO CONTENT
(A) As mandated by Regulation by the Emblems Act, Indian Penal Code, Capella Zen hereby informs Users that they are not permitted to host, display, upload, modify, publish, transmit, update or share any information that:

i. belongs to another person and to which the User does not have any right to;

ii. 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;

iii. harm minors in any way;

iv. infringes any patent, trademark, copyright or other proprietary rights;

v. violates any law for the time being in force;

vi. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

vii. impersonate another person;

viii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

ix. 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 cognisable offence or prevents investigation of any offence or is insulting any other nation

(B ) Users are also prohibited from:

i. violating or attempting to violate the integrity or security of the Application or any Capella Zen’s Content;

ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by Capella Zen

iii. intentionally submitting on the Application any incomplete, false or inaccurate information;

iv. making any unsolicited communications to other Users;

v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;

vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;

vii. copying or duplicating in any manner any of the Capella Zen’s Content or other information available from the Website;

viii. framing or hot linking or deep linking any Capella Zen’s Content

i. violating or attempting to violate the integrity or security of the Application or any Capella Zen’s Content;

ii. transmitting any information (including job posts, messages and hyperlinks) on or through the Application that is disruptive or competitive to the provision of Services by Capella Zen

iii. intentionally submitting on the Application any incomplete, false or inaccurate information;

iv. making any unsolicited communications to other Users;

v. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Application;

vi. attempting to decipher, decompile, disassemble or reverse engineer any part of the Application;

vii. copying or duplicating in any manner any of the Capella Zen’s Content or other information available from the Application;

viii.framing or hot linking or deep linking any Capella Zen’s Content.

ix. Sending any communication that can be classified as ‘spam’ defined as under, including but not limited to:
• a. Irrelevant or unsolicited messages sent over the Internet, typically to large numbers of users, for the purposes of advertising, phishing, spreading malware, etc.
  b. Unwanted or intrusive advertising on the Application:
  c. send the same or similar message indiscriminately
  d. any content that is reported as spam by its receiver

(C) Capella Zen upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information (as mentioned above) generated by Users, or on being notified by the appropriate Government or its agency that the Application is being used by the User to commit any unlawful act and/or is being used in violation of Clause 6 above, shall be entitled to remove or disable access to the material or information that is in contravention of this Clause 6. Capella Zen 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.

(D) In case of non-compliance with any applicable laws, rules or regulations, or the Agreement (including the Privacy Policy) by a User, Capella Zen has the right to immediately terminate the access or usage rights of the User to the Application and Services and to remove non-compliant information from the Application.

(E ) Capella Zen 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. Capella Zen will comply with any duly-issued government or court directions to disable access to the User-generated information, should it be found to be illegal by a competent governmental authority.
[F] Capella Zen may use the content as and when required for debugging or rectifying the application or resolve any issues.

(G) In case or circumstance User, intentionally or unintentionally or mistakenly copies, transcribes or post information that is copyrighted material of another person, company, associate or a legal entity, Capella Zen shall have no liability for the same, and in such circumstances, the User shall be responsible to indemnify Capella Zen against all legal actions so instituted by any third party in regards to unauthorised use of copyrighted material

7. TERMINATION

(A ) Capella Zen reserves the right to suspend or terminate a User’s access to the Application and the Services with or without notice and to exercise any other remedy available under law, in cases where,
• i. Such User breaches any terms and conditions of the Agreement;
  ii. A third party reports violation of any of its right as a result of your use of the Services
  iii. Capella Zen is unable to verify or authenticate any information provide to Capella Zen by a User;
  iv. Capella Zen has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User; or
  v. Capella Zen believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Capella Zen or are contrary to the interests of the Application

(B) Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Application 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 Application 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 and practices

8. LIMITATION OF LIABILITY
In no event, including but not limited to negligence, shall Capella Zen 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 Application or the content, materials and functions related thereto, the Services, User’s provision of information via the Application, 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:

i. provision of or failure to provide all or any service by Expers to End- Users contacted or managed through the Application;

ii. any content posted, transmitted, exchanged or received by or on behalf of any User or other person on or through the Application;

iii. any unauthorized access to or alteration of your transmissions or data;

or

iv. 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 Application or the Services exceed, in the aggregate Rs. 1000/- (Rupees One Thousand Only).

v. Capella Zen shall not be held responsible for any act, including but not limited to, loss of data, unavailability or service and/ or user discomfort which might follow on account of maintenance of Application, upgradation of the Application, viruses and hacking attacks or any act which might occur by Force Majeure.

9. INDEMNITY
User agrees to indemnify and hold harmless Capella Zen its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from User’s access to or use of Service, violation of this Agreement, or infringement, or infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. Capella Zen will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10. APPLICABLE LAW AND DISPUTE SETTLEMENT

(A) You agree that this Agreement and any contractual obligation between Capella Zen 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 Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by Capella Zen. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Mumbai. 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 10, the courts at Mumbai shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Application or the Services or the information to which it gives access.

11. CONTACT INFORMATION GRIEVANCE OFFICER

(a) If a User has any questions concerning Capella Zen, the Application, this Agreement, the Services, or anything related to any of the foregoing, Capella Zen Customer support can be reached at the following email address support@CapellaZen.com or via the contact information available from the following hyperlink: CapellaZen.com

(B) In accordance with the Information Technology Act, 2000, and the rules made there under, if you have any grievance with respect to the Website or the service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Name: CapellaZen
Address: B1, Pooja Apartments, V. R. Bhide Marg, Dadar, Mumbai 400 028
Email: support@CapellaZen.com
In the event you suffer as a result of access or usage of our Website please address your grievance to the above person.

12. SEVERABILITY
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.

13. WAIVER

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 Capella Zen. Any consent by Capella Zen to, or a waiver by Capella Zen 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.

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Schedule-1
Description of the Application
Capella Zen is a e-platform to

1. promote Community building of professional women to engage, evolve in areas of personal finance, Career Management , Legal Rights and Wellbeing

2. enroll Experts in their respective fields

3. Provide knowledge on above four areas by publishing blogs written by Experts

4. Provide opportunity for subscribers to make an appointment with Experts

5. Experts can choose to promote their business on CapellaZen application by way of advertisement by paying appropriate fees.