Terms and Conditions

Last updated: September 27, 2024

Introduction

We are Fernzo Code Labs Private Limited, doing business as Fernzo ("Company", "we", "us", or "our"), a company registered in India. We operate the mobile application Fernzo (the "App"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services"). Our goal is to enhance the college experience of students through networking.

You can contact us via email at contact@fernzo.com.

These Legal Terms constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and Fernzo Code Labs Private Limited, concerning your access to and use of the Services. By accessing the Services, you agree that you have read, understood, and accepted all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND MUST IMMEDIATELY DISCONTINUE USE.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby incorporated by reference. We reserve the right to modify these Legal Terms at any time and for any reason. Any changes will be reflected in the "Last updated" date of these Legal Terms. You waive the right to receive specific notice of each change, and it is your responsibility to review these Legal Terms periodically. Continued use of the Services after any updates will be considered acceptance of the revised terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services. We recommend that you print a copy of these Legal Terms for your records.

1. Our Services

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. Intellectual Property Rights

Our Intellectual Property

We are the owner or the licencee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world. The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use or internal business purpose only.

Your Use of Our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable licence to:

Access the Services.
Download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use or internal business purpose.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licenced, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: contact@fernzo.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.

Your Submissions and Contributions

Please review this section and the "PROHIBITED ACTIVITIES" section below carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ('Submissions'), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ('Contributions'). Any Submission that is publicly posted shall also be treated as a Contribution. You understand that Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a licence (including use of your name, trademarks, and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicence the licences granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This licence includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts, you:

confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and
warrant and represent that your Submissions and/or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

Copyright infringement

3. User Representations

By using the Services, you represent and warrant that:

All registration information you submit will be true, accurate, current, and complete;
You will maintain the accuracy of such information and promptly update such registration information as necessary;
You have the legal capacity and you agree to comply with these Legal Terms;
You are not a minor in the jurisdiction in which you reside;
You will not access the Services through automated or non-human means, whether through a bot, script, or otherwise;
You will not use the Services for any illegal or unauthorised purpose;
Your use of the Services 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 Services (or any portion thereof).

4. User Registration

You may be required to register to use the Services. 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.

5. Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
Use any information obtained from the Services in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Services in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
Use the Services to advertise or offer to sell goods and services.
Sell or otherwise transfer your profile.
Posting explicit and adult content
Posting pirated content
Selling illegal goods
Bullying fellow users

6. User Generated Contributions

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary.

When you create or make available any Contributions, you thereby represent and warrant that:

The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and do not promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

7. Contribution licence

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion:

To edit, redact, or otherwise change any Contributions;
To re-categorise any Contributions to place them in more appropriate locations on the Services;
To pre-screen or delete any Contributions at any time and for any reason, without notice.

We have no obligation to monitor your Contributions.

8. Mobile Application Licence

Use Licence: If you access the Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by you, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application licence contained in these Legal Terms. You shall not:

Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App;
Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App;
Violate any applicable laws, rules, or regulations in connection with your access or use of the App;
Remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark);
Use the App for any revenue-generating endeavour, commercial enterprise, or other purpose for which it is not designed;
Make the App available over a network or other environment permitting access or use by multiple devices or users;
Create a product, service, or software that is competitive with or substitutes for the App;
Use the App to send automated queries or unsolicited commercial emails;
Use any proprietary information or interfaces in the design, development, or distribution of applications for use with the App.

Apple and Android Devices: The following terms apply when you use the App obtained from the Apple Store or Google Play (each an 'App Distributor'):

The licence granted to you for our App is non-transferable and limited to use on a device that utilises Apple iOS or Android operating systems;
We are responsible for providing maintenance and support services, and the App Distributor has no such obligation;
If the App fails to conform to any warranty, you may notify the App Distributor for a refund;
You represent that you are not located in a country under a US government embargo or on a prohibited list;
You must comply with applicable third-party terms when using the App;
App Distributors are third-party beneficiaries of this licence and can enforce its terms.

9. Third-Party Websites and Content

The Services may contain links to Third-Party Websites and Third-Party Content that are not monitored or checked for accuracy. We are not responsible for the content, privacy practices, or any other aspect of Third-Party Websites. If you decide to access these websites, you do so at your own risk and should review their applicable terms and policies. We do not endorse products or services from Third-Party Websites and are not liable for any harm or losses resulting from such content or interactions.

10. Advertisers

We allow advertisers to display their advertisements in certain areas of the Services, such as banners or sidebars. However, we have no other relationship with advertisers and do not take responsibility for their actions.

11. Services Management

We reserve the right to monitor the Services for violations of these Legal Terms and to take legal action if necessary. We may refuse access, limit availability, or disable any Contributions or content that are burdensome to our systems. We may also remove or manage content as necessary to protect our rights and the proper functioning of the Services.

12. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy to understand how we handle your data. By using the Services, you agree to be bound by our Privacy Policy. Note that the Services are hosted in India, and by using them, you consent to the transfer and processing of your data in India, in accordance with the laws of India.

13. Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Services 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 you may be held liable for damages if you make material misrepresentations in a Notification. If you are unsure whether material infringes your copyright, consider contacting an attorney first.

14. Term and Termination

These Legal Terms shall remain in effect while you use the Services. We reserve the right to deny access to and use of the Services, to terminate your participation, or delete your account at any time, without notice or liability. If we terminate or suspend your account, you are prohibited from registering or creating a new account under any name, including a third-party name. We also reserve the right to take legal action, including civil, criminal, and injunctive relief.

15. Modifications and Interruptions

We reserve the right to modify, change, or remove content from the Services at any time without notice. We are not obligated to update any information. We do not guarantee that the Services will be available at all times, as interruptions, delays, or maintenance may occur. We are not liable for any loss or inconvenience caused by downtime or discontinuance of the Services. Nothing in these Legal Terms obligates us to maintain or support the Services.

16. Governing Law

These Legal Terms shall be governed by the laws of India. Both Fernzo Code Labs Private Limited and you irrevocably consent to the exclusive jurisdiction of Indian courts to resolve any disputes arising from these Legal Terms.

17. Dispute Resolution

Informal Negotiations

Before initiating arbitration, both Parties agree to attempt informal negotiations for at least thirty (30) days to resolve any disputes (the 'Disputes').

Binding Arbitration

Any Dispute arising from these Legal Terms shall be resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Brussels). The arbitration will be conducted in English and held in Coimbatore, India, with five arbitrators. The governing law for these Legal Terms shall be Indian law.

Restrictions

Arbitration shall be limited to the individual Dispute between the Parties. Class actions or representative actions are not allowed.

Exceptions to Arbitration

Certain Disputes, such as those involving intellectual property rights or claims for injunctive relief, are not subject to informal negotiations or arbitration and will be decided in the courts of India.

18. Corrections

There may be typographical errors, inaccuracies, or omissions on the Services, including descriptions, pricing, and availability. We reserve the right to correct any errors or inaccuracies and to update the information on the Services at any time, without prior notice.

19. Disclaimer

The Services are provided on an "as-is" and "as-available" basis. Your use of the Services is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no representations about the accuracy or completeness of the content on the Services or any linked websites or applications. We will not be liable for errors, personal injury, unauthorized access to our servers, interruption of transmission, bugs, viruses, or any loss or damage caused by the use of the Services.

20. Limitations of Liability

In no event will we or our directors, employees, or agents be liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, data loss, or any damages arising from your use of the Services. Our liability will be limited to the lesser of the amount paid by you during the one (1) month period prior to the cause of action or 500. Certain laws may not allow limitations on implied warranties or damages, so these limitations may not apply to you.

21. Indemnification

You agree to defend, indemnify, and hold us harmless from any loss, damage, liability, claim, or demand made by any third party arising from your use of the Services, breach of these Legal Terms, or violation of a third party's rights. We reserve the right to assume exclusive defense and control over any matter for which you are required to indemnify us, at your expense, and you agree to cooperate with our defense.

22. User Data

We maintain certain data you transmit to the Services for performance management, as well as data about your use of the Services. You are solely responsible for your data, and we are not liable for any loss or corruption of it. You waive any right of action against us for such loss or corruption.

23. Electronic Communications, Transactions, and Signatures

By visiting the Services, sending us emails, and completing online forms, you consent to receiving electronic communications. You agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement for written communication. You consent to the use of electronic signatures and records for contracts, orders, and other transactions.

24. Miscellaneous

These Legal Terms, along with any policies or operating rules posted by us, constitute the entire agreement between you and us. Failure to exercise or enforce any right does not waive that right. We may assign our rights and obligations at any time. We are not responsible for any loss or delay caused by events beyond our control. If any provision is found to be unlawful or unenforceable, the remaining provisions remain valid. There is no joint venture or partnership between you and us.

25. Contact Us

For complaints or further information about the Services, please contact us at:

Fernzo Code Labs Private Limited
Email: contact@fernzo.com