This website is operated by Kalrayan eCommerce Private Limited. Throughout the site, the terms “we”, “us” and “our” refer to Kalrayan eCommerce. All information, tools and services available from this site to “you”, the user, is conditioned upon your acceptance of all terms.
Please read these Terms of Service carefully before accessing or using our website. We have tried to keep them as concise as possible.
We reserve the right to refuse service to anyone who reproduces, duplicates, copies, sells, resells or exploits any part of the website, use of any service, or access to the website or any contact on the website without getting permission by us.
ACCURACY OF INFORMATION
We may make mistakes. Any typing errors, misspellings or incorrect statements will be corrected as soon as possible. You are welcome to let us know if you spot any of these. Occasionally there may be information on our site or in the services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct these as and when discovered.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue services (or any part of the content) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the website.
PRODUCTS AND SERVICES
Certain products or services may be available online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours, images and descriptions of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.
We reserve the right, to change the products, or the pricing or refuse a sale to anyone at our discretion.
Your submission of personal information through the website is governed and protected by our GDPR Policy (Please contact us to get a copy of this policy). All personal information is kept on encrypted, password protected files. No financial information or card numbers are kept at all. No personal information at all is shared with ANY third party.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
LIMITATION OF LIABILITY
We do not guarantee that your use of our service will be uninterrupted.
We do not warrant that the results that may be obtained from the use of the services will work for you.
You agree that from time to time we may remove the service for indefinite periods of time for maintenance.
TERMINATION AND REFUNDS
All purchases are final. We will refund only on proof of non-delivery of posted resources or a failure to provide you with the online content purchased. All refunds are discretional.
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Questions about the Terms of Service should be sent to us at firstname.lastname@example.org
Anyone can access our Website without the necessity to register an account. Therefore, limited use of the Services is always possible without the provision of your personal details (for example, browse the Website, check how ZINGLANG platform works, look through the list of tutors, read the Blog, review the variety of services etc.). However, whenever you access the Website we collect log information and put cookies on your device, by which we track your activity on the Website. You can always opt out from cookies except from those, without which the Website cannot work.
When you are a registered User ZINGLANG may collect from you and process Cookie identifiers and those data you specifically provide us with upon registration, including first name, last name, email, phone number, Skype ID or social network ID (if assigned through Facebook or Google+ or if accessing Google Calendar), time zone, interface language, IP address, and device type, as well, whereas in case of Telegram subscription, your Telegram ID may also be processed by ZINGLANG.
Specifically, if you are a tutor, we may also collect and process, besides the aforementioned information, the other data provided by you, including zip-code, gender, year of birth, city of living, and education experience.
Registered Users may additionally provide us with added profile pictures as well as chosen currency to perform actions pursuant to our Refund and Payment Policy.
Any questions regarding this Policy and our services should be sent to email@example.com.
1. What is personal data and what is processing of personal data. Main definitions
Personal data is any information relating to you and that alone or in combination with other pieces of information gives the opportunity to a person that collects and processes such information to identify you as an individual.
Processing of the personal data means any operation with your personal data, whether or not by automated means, as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Data subject is any identified or identifiable natural person, whose personal data is processed by the controller responsible for the processing; means you as a user of ZINGLANG.
Consent of the data subject/user is any freely given, specific, informed and unambiguous indication of the data subject/user’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her.
2. ZINGLANG’s lawful bases for processing
ZINGLANG processes your personal data only when we have lawful bases. Specifically, ZINGLANG processes your personal data if:
processing is based on the consent you have given. As such our newsletters, collection, analysis, and publication of user feedback and reviews, analysis of video lessons, and placement of different types of cookies is based on your consent;
processing is necessary to provide our services to you according to our Terms of Service which constitute a contract between you and us as regards to information services of ZINGLANG;
processing is necessary for the purposes of our legitimate interests. Those legitimate interests are:
compliance with the Indian financial and accounting legislation;
the assessment of ZINGLANG’s business efficiency by analyzing website traffic and financial performance indicators;
promotion of ZINGLANG through social media networks, media outlets, and affiliates, such as bloggers or influencers;
performance of the contracts with enterprise clients and provision of reports on their employees’ performance.
user session control and fraud prevention, ensuring the appropriate protection of personal data;
ZINGLANG may also process information provided by you (including content and messages) that you post on/through our Website, including personally identifiable information. By so doing, you acknowledge that any information you share through the Services will be available to ZINGLANG and to other users of the Services (students/tutors). You also acknowledge that parts of your content cannot be deleted from the Service as it may be connected to the Lessons created by you and used by other users (students/tutors).
From our turn and unless you opt-out, we retain this information as necessary to resolve disputes, provide customer support and troubleshoot problems as permitted by law. We reserve the right to terminate the accounts of visitors who use these services in a manner inconsistent with the Terms of Service.
a. Billing information Details of transactions you carry out through our Website (as ID, date and time of transaction).
b. Sensitive data Unless you expressly agree, ZINGLANG does not process your sensitive data.
4. Data We Collect: Purposes
We may process your personal data you provided us voluntarily with for the purposes defined below. From our perspective, we process your personal data to personalize the use of ZINGLANG to the fullest extent possible and to provide you with the high-quality Services under the Terms of Service.
(a) Provision of Services Primarily, we process your personal data to authorize access to our Services and to fulfill our obligations under the Terms of Service for Services provision. Specifically, we use your personal data upon registration to help others (be it a tutor or a student) to find your account or profile, schedule, give and/or take lessons, and track your learning progress.
In order for you to use the Services you will need to provide payment (e.g. credit card details) and billing information through our partners – third party payment providers, which process your personal data encrypted and securely. Please see our Refund and Payment Policy for more information.
For enterprise customers, we process personal data of their employees to create their accounts and connect with the most suitable tutors for further learning. Based on the data about lessons taken by such students, we provide the enterprise customer with statistical reports on their employees’ performance.
Please note, that without the information provided by you under our Terms of Service, we will be unable to provide you with the functionality of our platform, connect you with other users, allow you to communicate with them and take/give lessons.
(b) Payment Services We use third-party payment providers to bill you through an online account payment in lieu of directly processing your credit/debit card information. Your paid balance for one or more lessons is safe in your account as we use an integrated iframe for checkouts from our partners-payment providers (RazorPay, PayTM) and tutors get payment for each confirmed lesson securely through third-party payment providers (PayTM, GPay, PayPal, TransferWise). Correspondingly all transactions are secured as our partners-payment providers use SSL encryption protection. All payment information is stored encrypted and securely by RazorPay. We do not store your payment information on our servers.
(c) Referral service For referral service purposes, we generate a personalized referral link or coupon code for you to share with your friends to sign them up.
(d) Communications We may contact you by email and other ways, including through publicly available notices, for service related purposes (welcome letter, security and legal notices, announcements, ZINGLANG updates, reminders, suggestions etc.). We may also use your data to enable you to communicate with other users through ZINGLANG, including exchanging messages, conducting video calls, and/or leaving feedback about other users.
Your contact data (including email, phone number, Skype name etc.) may also be used for gathering feedback. We may contact you to participate in research to improve the user experience of our product. The research will be used for internal purposes only, including:
-Feature development and product updates; -Marketing activities, including publishing them on ZINGLANG on other information resources; -Other service updates for improving your experience.
Your feedback will not be video recorded, audio recorded, or webcast by the Interviewer without obtaining consent from you first. The same applies to your voice and/or image recording.
Having received the communications from us, you are always able to opt-out to such communications in each message, excluding legal notices, or change of user settings on ZINGLANG.
(5) Marketing and promotion of ZINGLANG
We may process your first name, last name and email on our mailing list or for the newsletter and send you messages with some commercial or promotional information about our Services. But don’t worry, we will request your consent first, and you may always opt-out from our marketing messages, using the mechanisms described under the respective link in each message, and through the user settings available on ZINGLANG.
To promote ZINGLANG platform through blog and influencer channels, we allow individuals to participate in the affiliate program on our Website. When we receive the information to participate in the affiliate program, we process this information to register you as an affiliate and further track the progress of the promotion of our platform.
Also, please pay attention that we may use the information provided by you as feedback. The latter may be used by ZINGLANG without any additional compensation to you.
(6) Analytics and Development In order to find the points of interest in our Services and for the purposes of analytics, we monitor and analyze web traffic and keep track of your behavior within our Services. This enables us to provide services that are relevant to you and boost the quality of our Services. The data concerned within this activity are Cookies and Usage data, such as the parts of our Services you visit, the date and duration of your visit, and type of the device you used during your visit. All your data stated in this paragraph is collected and further processed in a manner that does not allow your identification.
We may also carry out polls and surveys through ZINGLANG using external GDPR-compliant services. You are not obliged to respond to them and you may opt-out of such polls and surveys through user settings. In order to inform, optimize and serve you relevant advertising based on your past use of our Services, we may process your Usage Data and Cookies. Please, follow our Cookies Policy for additional information.
(7) Tutor verification and program preparation To ensure a high quality of lessons given by tutors on ZINGLANG, we collect and process tutor credentials to verify their eligibility to teach subjects claimed by them. Besides that, we cooperate with the tutors and use their information to help them develop the learning programs.
(8) Support and Platform Supervision In case of any disputes on ZINGLANG and other Services-connected issues, we may use data (including communications) to resolve such matters, supervise user behavior on the platform, and respond to any complaints or requests.
(9) Competitions participation From time to time, we conduct learning-focused competitions for individuals that meet certain criteria. Participants are required to fill in the registration forms to register for the competition and prove they are eligible. We process this information exclusively to organize and conduct the competition, determine the winner(s), and contact them regarding the results and prizes.
(10) Compliance with legal requirements We process certain payment information to comply with applicable legal requirements in the field of finances and/or accounting. We also may process the data collected on the platform in connection with legal requests we receive from you or any other competent person and/or body, and we may use this information to exercise, defend and/or establish our legal rights.
(11) Fraud prevention Certain information, such as your log information, payment information and your behavior on the platform are subject to our supervision to prevent fraudulent activities on the platform and assisting you in managing your user sessions.
(12) Changes If ZINGLANG decides to change the purposes of processing specified above, we will inform you about such changes prior to the use of your personal data within the newly set purposes. The notification on such changes will be sent to your email and you will have to provide your consent for the amended purposes unless the additional purpose of processing is compatible with those listed above.
In case you do not want to provide us the requested personal data for the purposes specified above, you may not have access to certain functions of the Services.
5. How We Share personal data?
In order to provide high-quality services, ZINGLANG hires people, enters into the agreements with independent contractors as well as cooperates with other services providers, companies and organizations strictly under data processing agreement (DPA). For those reasons, some of your personal data can be passed to the persons mentioned. ZINGLANG uses only secure places of storage, such as provided by AWS (Amazon India) with servers located in India, and other services and applications listed below.
As we mentioned above, we also use some services to collect, manage, analyze or otherwise process your data:
(1) Zoho Transmail
We use these cloud-based solutions as the tools to manage and optimize the transactional emails.
(2) RazorPay, PayTM, TransferWise, GPay
These are payment providers and services enabling your transfer and receipt of funds as payment for services provided via our Services.
ZINGLANG MAY DISCLOSE INFORMATION:
as required by law, such as to comply with a subpoena, or similar legal process;
when we believe in good faith (doctrine of uberrima fides) that the disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, address security or technical issues or respond to a government request;
with our trusted service providers who work on our behalf and do not have an independent use of the information we disclose to them and have agreed to and adhered to the rules set forth in this Policy;
to protect against imminent harm to the rights, property or safety of the Application/Website or our users or the public as required or permitted by law;
with third party service providers in order to personalize the Application/Website/Services/products for a better user experience and to perform behavioural analysis;
Governing Law and Jurisdiction:
In the event of any dispute arising between the parties with respect to this Agreement, the same shall be referred to the Sole Arbitrator and the arbitration shall be in accordance with Arbitration and Conciliation Act of 1996. The language of arbitration proceeding shall be English. The seat and place of arbitration shall be Chennai and the decision of the Arbitrator shall be final and binding on both parties herein.
This contract shall be subject to the exclusive jurisdiction of courts in Chennai, Tamilnadu, India and shall be governed by the Indian laws.