Terms and Conditions

1) Information

Welcome to Zigma Learning Service LLP (“Zigma”, “we”, “our”, or “us”).
By accessing or using our Website, digital platforms, learning materials, or services, you confirm that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which forms an integral part of these Terms.
If you do not agree with these Terms, you should not access or use our Website, digital platforms, or services

2) Definitions

For the purposes of these Terms:

• “Zigma” means Zigma Learning Service LLP, a limited liability partnership incorporated under the laws of India, having its registered office at G-6, Tagore Park, 2nd Floor, 815 Naskerhat, Kolkata 700039, West Bengal, India.
• “Website” means the websites operated by Zigma, including www.zigmalearning.in and www.zigmalearning.com, together with any associated webpages, microsites, or digital services.
• “Learning Platform” means any Learning Management System (LMS), digital learning environment, online portal, or application through which Zigma delivers or supports learning services.
• “Services” means the corporate training programmes, leadership development initiatives, coaching engagements, instructional design projects, eLearning development, learning consulting assignments, assessments, certification programmes, LMS services, webinars, workshops, and any other learning or professional services provided by Zigma.
• “Client” means any organisation or individual engaging Zigma to provide the Services.
• “Learner” means any individual participating in a training programme, coaching engagement, workshop, assessment, certification programme, or any learning experience delivered or facilitated by Zigma.
• “User” or “you” means any person who accesses or uses the Website, the Learning Platform, or the Services, including Clients, Learners, and website visitors.
• “Learning Materials” means all content, courseware, presentations, workbooks, handouts, videos, assessments, templates, toolkits, frameworks, methodologies, and other materials made available by Zigma in connection with the Services.
• “Engagement Agreement” means any proposal, quotation, statement of work, purchase order, master services agreement, or other written agreement executed between Zigma and a Client in relation to specific Services.

3) Scope and Applicability

3.1. These Terms apply to all Users of the Website and the Learning Platform, and to all Clients and Learners who engage with or participate in the Services.

3.2. Where Zigma and a Client have executed an Engagement Agreement in relation to specific Services, that Engagement Agreement shall govern those Services. In the event of any conflict or inconsistency between these Terms and an executed Engagement Agreement, the terms of the Engagement Agreement shall prevail to the extent of the conflict, and only in respect of the Services covered by it. These Terms shall continue to apply in all other respects.

3.3. These Terms should be read together with our Privacy Policy and any programmespecific terms, platform terms of use, or joining instructions communicated by Zigma from time to time.

4) Eligibility and Authority

4.1. Our Website, Learning Platform, and Services are intended for businesses, organisations, professionals, and adult learners. By using them, you confirm that you are of legal age and have the capacity to enter into a binding agreement under applicable law.

4.2. If you are accepting these Terms on behalf of an organisation, you represent and warrant that you are duly authorised to bind that organisation, and references to “you” shall include that organisation.

4.3. Where a learning programme is designed for minors or delivered through an educational institution, participation shall be subject to applicable law, the relevant contractual arrangements, and any required parental, guardian, or institutional authorisation.

5) Access to and Use of the Website

5.1. Zigma grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Website for lawful purposes connected with evaluating or receiving our Services.

5.2. The Website is provided on an “as is” and “as available” basis. We may modify, update, suspend, restrict, or withdraw all or any part of the Website or its features at any time, with or without notice, and without liability.

5.3. We do not warrant that access to the Website will be uninterrupted, timely, secure, or free from errors, viruses, or other harmful components.

5.4. You are responsible for arranging your own internet connectivity, devices, software, and technical environment required to access the Website, the Learning Platform, and any virtual sessions, and for ensuring that these meet the technical requirements notified by Zigma.

6) Our Services

6.1. Information published on the Website relating to programmes, curricula, durations, outlines, and outcomes is indicative and provided for general information. It does not constitute a binding offer. The specific scope, deliverables, methodology, schedule, duration, and fees applicable to any engagement shall be set out in the applicable Engagement Agreement.

6.2. Zigma may deliver the Services through its partners, employees, trainers, facilitators, coaches, consultants, subject matter experts, or approved subcontractors. Zigma remains responsible for the delivery of the Services in accordance with the applicable Engagement Agreement.

6.3. Zigma reserves the right to substitute a trainer, facilitator, or consultant with another professional of comparable competence where reasonably necessary, including on account of illness, unavailability, or operational requirements.

6.4. Zigma may make reasonable modifications to programme content, sequencing, delivery format, or materials in order to improve learning effectiveness or to respond to operational requirements, provided that such modifications do not materially reduce the agreed scope or learning objectives.

6.5. The effectiveness of any learning intervention depends on a range of factors, including participant engagement, organisational context, and post programme application. While Zigma delivers its Services with professional skill and care, we do not guarantee any specific learning outcome, performance improvement, business result, examination result, employment outcome, or return on investment.

7) Registration, Accounts, and Learning Platform Access

7.1. Certain Services require registration and the creation of a user account on the Learning Platform. You agree to provide accurate, current, and complete information at the time of registration and to keep such information updated.

7.2. Accounts and access credentials are personal to the registered Learner and are non-transferable. You must keep your credentials confidential and must not share, sell, or otherwise permit any other person to use your account.

7.3. You are responsible for all activity carried out through your account. You agree to notify Zigma promptly at compliance@zigmalearning.in on becoming aware of any unauthoriseduse of your account or any breach of security.

7.4. Access to the Learning Platform and to specific courses is granted for the period specified in the applicable Engagement Agreement, joining instructions, or programmecommunication. Access may expire at the end of that period.

7.5. Where a corporate Client administers accounts on behalf of its participants, the Client shall be responsible for nominating participants, managing enrolments, and communicating any changes to Zigma.

7.6. Zigma may suspend, restrict, or terminate access to any account where it reasonably believes that these Terms have been breached, that credentials have been shared, that unlawful activity has occurred, or that continued access poses a security risk.

8) Scheduling, Rescheduling, and Cancellation

8.1. A programme, workshop, or session is confirmed only upon written confirmation by Zigma, or upon receipt of a duly issued purchase order or signed Engagement Agreement, whichever is applicable

8.2. Requests to reschedule or cancel a confirmed programme must be made in writing. Cancellation and rescheduling charges shall apply as follows, unless otherwise agreed in the applicable Engagement Agreement:

Written notice received more than [14] days before the scheduled date: no charge, subject to reimbursement of any non-recoverable third party costs already incurred.

• Written notice received between [7] and [14] days before the scheduled date: [50%] of the applicable programme fee.
• Written notice received between [7] and [14] days before the scheduled date: [50%] of the applicable programme fee.
• Written notice received less than [7] days before the scheduled date, or non-appearance on the scheduled date: [100%] of the applicable programme fee.

8.3. Zigma may reschedule a programme where necessary on account of trainer unavailability, insufficient enrolment for open programmes, technical failure, or any event beyond our reasonable control. In such cases, we will offer a revised schedule or, where a mutually acceptable alternative cannot be agreed, a refund of the fees paid for the affected programme.

8.4. Substitution of a nominated participant with another eligible participant from the same organisation is permitted at no additional charge, provided that Zigma is informed in writing before the programme commences.

8.5. Where a programme requires a minimum number of participants, Zigma will notify the Client if that number is not met and will offer rescheduling or an alternative arrangement.

9) Fees, Payment, and Taxes

9.1. Fees for the Services shall be as set out in the applicable proposal, quotation, or Engagement Agreement.

9.2. Unless expressly stated otherwise, all fees are exclusive of Goods and Services Tax (GST) and any other applicable taxes, levies, cess, or duties, which shall be payable additionally by the Client at the prevailing rate.

9.3. Unless otherwise agreed in writing, invoices are payable within [30] days from the date of invoice. Payment shall be made in Indian Rupees for domestic engagements, or in the currency specified in the applicable Engagement Agreement for international engagements.

9.4. Where tax is required to be deducted at source, the Client shall deduct such tax at the applicable rate and furnish the relevant tax deduction certificate within the statutory timelines.

9.5. Unless included in the quoted fee, reasonable costs for travel, accommodation, venue hire, printing, courier, third party licences, and assessment instruments shall be reimbursed by the Client at actuals against supporting documentation.

9.6. Zigma reserves the right to charge interest at [1.5%] per month, or the maximum rate permitted by law, whichever is lower, on amounts remaining unpaid beyond the due date, and to suspend delivery of Services or access to the Learning Platform until outstanding amounts are cleared.

9.7. Except as expressly provided in these Terms or in the applicable Engagement Agreement, fees paid are non-refundable.

10) Intellectual Property Rights

10.1. All content on the Website and the Learning Platform, including text, graphics, logos, icons, images, audio and video content, software, page layouts, and their selection and arrangement, is owned by Zigma or its licensors and is protected under applicable intellectual property laws.

10.2. All Learning Materials, including courseware, instructional designs, assessments, methodologies, frameworks, models, templates, toolkits, and facilitator guides created or used by Zigma, remain the exclusive property of Zigma or its licensors.

10.3. “Zigma”, the Zigma logo, and any other marks, names, or taglines displayed on the Website are the trademarks or trade names of Zigma. Nothing in these Terms grants any right or licence to use them without our prior written consent.

10.4. Where Zigma develops bespoke deliverables for a Client, ownership of those deliverables shall be determined by the applicable Engagement Agreement. In the absence of an express written assignment, Zigma retains ownership of all pre-existing intellectual property, generic methodologies, frameworks, instructional approaches, templates, know-how, and any improvements to them, and grants the Client a licence to use the deliverables for its internal business purposes.

10.5. Nothing in these Terms transfers any ownership of intellectual property to any User, Client, or Learner.

11) Licence to Use Learning Materials

11.1. Subject to full payment of applicable fees and compliance with these Terms, Zigma grants the Learner a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Learning Materials solely for personal or internal learning purposes for the duration of the applicable programme or access period.

11.2. You shall not, and shall not permit any third party to:

• Copy, reproduce, republish, distribute, sell, sublicense, rent, lease, or otherwise commercially exploit the Learning Materials;
• Modify, adapt, translate, or create derivative works from the Learning Materials;
• Use the Learning Materials to deliver training or any similar service to any third party, or to develop a competing product or service;
• Record, screen capture, photograph, transmit, or broadcast any live or virtual session, in whole or in part, without the prior written consent of Zigma;
• Remove, obscure, or alter any copyright, trademark, confidentiality, or other proprietary notice;
• Upload, input, or submit any Learning Materials or Zigma proprietary content into any third party artificial intelligence system, large language model, or similar tool for the purposes of training, fine tuning, reproduction, or redistribution.

11.3. This licence terminates automatically upon expiry of the access period, completion of the programme, or termination of these Terms, whichever occurs first.

12) Prohibited Conduct

You agree not to use the Website, the Learning Platform, or the Services to:

• Violate any applicable law, regulation, or third party right;
• Gain or attempt to gain unauthorised access to any part of our systems, servers, databases, or the accounts of other Users;
• Circumvent, disable, or interfere with any security, authentication, or access control feature;
• Scrape, crawl, harvest, data mine, or use automated means to extract content or data from the Website or the Learning Platform;
• Reverse engineer, decompile, or disassemble any part of our software or platforms, except to the extent permitted by law;
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• Post, transmit, or share any content that is unlawful, defamatory, obscene, discriminatory, harassing, or otherwise objectionable;
• Engage in any conduct that disrupts a session, harasses a facilitator or fellow participant, or interferes with the learning experience of others;
• Use the Website or the Services for any purpose other than the purpose for which access was granted.

13) Assessments, Certification, and Academic Integrity

13.1. Where a programme includes assessments, examinations, or evaluations, Learners are required to complete them personally and honestly. Plagiarism, impersonation, unauthorisedcollaboration, use of unauthorised aids, or any other form of malpractice is prohibited.

13.2. Certificates issued by Zigma confirm participation in, or completion of, a specified learning programme. Unless expressly stated, a certificate does not constitute a professional qualification, accreditation, licence, or statutory certification, and does not confer any professional entitlement.

13.3. Zigma reserves the right to withhold, withdraw, or invalidate any certificate or assessment result obtained through misrepresentation, malpractice, or breach of these Terms, and to notify the sponsoring Client where applicable.

13.4. Assessment results, attendance records, and completion data are retained and shared in accordance with our Privacy Policy and the applicable Engagement Agreement.

14) Client and Learner Responsibilities

14.1. The Client shall provide, in a timely manner, all information, access, approvals, subject matter inputs, and cooperation reasonably required for Zigma to deliver the Services.

14.2. Where a programme is delivered at a Client site or at a venue arranged by the Client, the Client shall ensure that the venue, facilities, equipment, connectivity, and safety arrangements are suitable for the agreed delivery format.

14.3. The Client shall nominate participants and a single point of coordination for the engagement, and shall communicate joining instructions, schedules, and any pre work to participants.

14.4. Where the Client shares personal information relating to its employees, contractors, or participants with Zigma, the Client confirms that it has a lawful basis for doing so and has provided any notices or obtained any consents required under applicable data protection law.

14.5. Learners shall attend sessions punctually, complete any pre work and post work assigned, conduct themselves professionally, and comply with any venue, safety, or platform rules notified to them.

14.6. Any delay, disruption, or additional cost arising from the failure of a Client or Learner to meet these responsibilities shall not constitute a failure of Zigma to perform the Services.

15) Confidentiality

15.1. Each party may receive confidential or proprietary information belonging to the other in the course of an engagement. Each party shall keep such information confidential, use it only for the purposes of the engagement, and disclose it only to those of its personnel or advisers who need to know it and who are bound by equivalent obligations.

15.2. Confidentiality obligations shall not apply to information that is or becomes publicly available without breach, was lawfully known to the receiving party before disclosure, is independently developed without reference to the disclosed information, or is lawfully received from a third party without restriction.

15.3. A party may disclose confidential information where required by law, regulation, court order, or a competent authority, and shall, where lawfully permitted, notify the other party in advance.

15.4. These obligations shall survive the completion or termination of an engagement for a period of [three (3) years], or for such longer period as may be specified in an applicable non-disclosure agreement or Engagement Agreement.

16) Data Protection and Privacy

16.1. Zigma processes personal information in accordance with its Privacy Policy, which is available on the Website and forms part of these Terms.

16.2. Where Zigma processes personal information on behalf of a Client organisation, such processing shall be carried out in accordance with the applicable contractual arrangements, the documented instructions of the Client, the Digital Personal Data Protection Act, 2023, and other applicable data protection laws.

16.3. Requests relating to privacy rights, or any grievance concerning the processing of personal information, may be addressed to the Privacy and Grievance Officer at compliance@zigmalearning.in.

17) Artificial Intelligence and Digital Learning Technologies

17.1. Zigma may use artificial intelligence and other digital technologies to support the design, development, localisation, translation, review, and enhancement of learning content and related services, as described in our Privacy Policy.

17.2. Where AI assisted tools are used in connection with a Client engagement, such use shall be subject to the terms agreed with the Client and, where applicable, undertaken only with the knowledge or express approval of the Client.

17.3. Zigma does not use AI systems to make automated decisions that produce legal or similarly significant effects on individuals without appropriate human oversight.

17.4. Where Zigma makes any AI enabled feature available through the Learning Platform, outputs generated by such features are intended to support learning and may contain inaccuracies. Users should exercise independent judgement and should not rely on such outputs as professional advice.

18) Third-Party Websites, Platforms, and Content

18.1. The Website, the Learning Platform, and our communications may contain links to, or integrations with, third party websites, applications, video conferencing platforms, assessment tools, payment gateways, or social media services that are not owned or controlled by Zigma.

18.2. Zigma does not endorse and is not responsible for the content, accuracy, availability, security, or privacy practices of any third party service. Your use of such services is at your own risk and is governed by the terms and policies of the relevant provider.

18.3. Where a programme is delivered using a third party platform nominated by the Client, Zigma shall not be responsible for any disruption, security incident, or data processing arising from that platform.

19) User Submissions, Feedback, and Testimonials

19.1. You are responsible for any content, query, assignment, or other material you submit through the Website, the Learning Platform, or during a programme, and you confirm that such material does not infringe any third party right and is not unlawful or objectionable.

19.2. Where you provide suggestions, ideas, or feedback relating to our Services, you agree that Zigma may use them freely for the improvement of its services, without obligation, restriction, or compensation.

19.3. Where a programme is delivered using a third party platform nominated by the Client, Zigma shall not be responsible for any disruption, security incident, or data processing arising from that platform.

19.4. Zigma will use your name, designation, organisation name, photograph, or feedback in marketing or promotional material only where you or your organisation, as applicable, have provided consent.

20) Disclaimers

20.1. To the maximum extent permitted by applicable law, the Website, the Learning Platform, and the Services are provided on an “as is” and “as available” basis, without warranties of any kind, whether express, implied, or statutory, including any implied warranty of merchantability, fitness for a particular purpose, accuracy, or non-infringement.

20.2. Content published on the Website, including articles, insights, frameworks, and thought leadership material, is provided for general information only. It does not constitute professional, legal, financial, medical, or human resources advice, and should not be relied upon as a substitute for advice specific to your circumstances.

20.3. Zigma does not warrant that the Website or the Learning Platform will be available without interruption, that defects will be corrected, or that they will be free from viruses or other harmful components.

21) Limitation of Liability

21.1. To the maximum extent permitted by applicable law, Zigma, its partners, employees, trainers, consultants, and service providers shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary loss, or for any loss of profit, revenue, business, anticipated savings, goodwill, opportunity, or data, arising out of or in connection with the Website, the Learning Platform, or the Services, whether in contract, tort, or otherwise, even if advised of the possibility of such loss.

21.2. The aggregate liability of Zigma arising out of or in connection with any engagement shall not exceed the total fees actually received by Zigma from the Client for the specific Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim.

21.3. Nothing in these Terms excludes or limits liability for fraud, wilful misconduct, gross negligence, death or personal injury caused by negligence, or any other liability that cannot lawfully be excluded or limited.

22) Indemnity

You agree to indemnify, defend, and hold harmless Zigma, its partners, employees, trainers, consultants, and authorised representatives from and against any claim, demand, loss, liability, damage, cost, or expense, including reasonable legal fees, arising out of or in connection with your breach of these Terms, your misuse of the Website, the Learning Platform, or the Learning Materials, your infringement of any intellectual property or other right of any person, your violation of any applicable law, or your unlawful sharing of personal information with Zigma.

23) Force Majeure

23.1. Zigma shall not be liable for any delay or failure in performing its obligations where such delay or failure results from an event beyond its reasonable control, including acts of God, natural disaster, flood, fire, earthquake, epidemic or pandemic, government action, lockdown, civil unrest, war, terrorism, strike, labour dispute, failure of power, internet, or telecommunications infrastructure, cyber attack, or failure of a third party platform.

23.2. During the continuance of such an event, affected obligations shall be suspended, and the parties shall cooperate in good faith to reschedule affected Services. If such an event continues for more than [sixty (60)] days, either party may terminate the affected engagement, and Zigma shall refund any fees received for Services not yet delivered, after deducting non-recoverable costs already incurred.

24) Suspension and Termination

24.1. Zigma may suspend or terminate your access to the Website, the Learning Platform, or the Services, in whole or in part, with immediate effect and without liability, where you breach these Terms, fail to pay amounts when due, engage in unlawful conduct, or where continued access presents a security or reputational risk.

24.2. Either party may terminate an engagement in accordance with the termination provisions of the applicable Engagement Agreement.

24.3. Upon termination, all licences granted to you shall cease immediately, and you shall stop using and, if requested, return or securely destroy all Learning Materials in your possession or control.

24.4. Termination shall not affect any right, remedy, obligation, or liability that has accrued as at the date of termination. Clauses relating to intellectual property, confidentiality, data protection, disclaimers, limitation of liability, indemnity, governing law, and dispute resolution shall survive termination.

25) Changes to the Terms and to the Services

25.1. Zigma may amend or update these Terms from time to time to reflect changes in our business operations, technology, services, legal obligations, or regulatory requirements.

25.2. The revised Terms will be published on the Website together with an updated “Last Updated” date. Where required by applicable law, we will take reasonable steps to notify affected Users of material changes through appropriate communication channels.

25.3. Your continued use of the Website, the Learning Platform, or the Services following publication of updated Terms constitutes acceptance of the revised Terms, to the extent permitted by applicable law.

25.4. Zigma may add, modify, or discontinue any feature, programme, or resource offered through the Website or the Learning Platform at any time, without liability, provided that Services already contracted under an Engagement Agreement continue to be delivered in accordance with that agreement.

26) Non-Solicitation

During the term of an engagement and for a period of [twelve (12)] months thereafter, the Client shall not directly or indirectly solicit for employment or engagement any trainer, facilitator, coach, consultant, or employee introduced to the Client by Zigma in connection with the Services, without the prior written consent of Zigma. This restriction shall not apply to responses to general public recruitment advertisements not specifically directed at such persons.

27) Governing Law and Jurisdiction

27.1. These Terms shall be governed by and construed in accordance with the laws of India.

27.2. Subject to Clause 28, the competent courts at Kolkata, West Bengal, India shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms, the Website, the Learning Platform, or the Services.

28) Dispute Resolution

28.1. In the event of any dispute, the parties shall first attempt to resolve it amicably through good faith discussions between their authorised representatives within thirty (30) days of written notice of the dispute.

28.2. If the dispute is not resolved within that period, it shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act, 1996, as amended. The arbitration shall be conducted by a sole arbitrator appointed by mutual agreement, the seat and venue of arbitration shall be Kolkata, West Bengal, India, and the proceedings shall be conducted in English. The arbitral award shall be final and binding on the parties.

28.3. Nothing in this Clause shall prevent either party from seeking urgent interim or injunctive relief from a competent court, including for the protection of confidential information or intellectual property.

29) General Provisions

29.1. Entire Agreement. These Terms, together with the Privacy Policy and any applicable Engagement Agreement, constitute the entire agreement between you and Zigma in relation to the subject matter, and supersede all prior discussions, representations, and understandings.

29.2. Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary or severed, and the remaining provisions shall continue in full force and effect.

29.3. Waiver. No failure or delay by Zigma in exercising any right shall operate as a waiver of that right, and no single or partial exercise shall prevent any further exercise.

29.4. Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Zigma may assign these Terms in connection with a merger, acquisition, restructuring, or transfer of business.

29.5. Relationship of the Parties. Nothing in these Terms creates any partnership, joint venture, agency, franchise, or employment relationship between you and Zigma.

29.6. Notices. Notices to Zigma shall be sent to contact@zigmalearning.in or to our registered office address. Notices to you shall be sent to the email address or postal address provided by you or by your organisation.

29.7. Headings. Headings are included for convenience only and shall not affect the interpretation of these Terms.

29.8. Language. These Terms are drawn up in English. Where any translation is provided, the English version shall prevail in the event of any inconsistency.

30) Grievance Redressal and Contact Information

If you have any question, concern, or grievance relating to these Terms, the Website, the Learning Platform, or the Services, you may contact us at:
Zigma Learning Service LLP
Registered Office: G-6, Tagore Park, 2nd Floor, 815 Naskerhat, Kolkata 700039, West Bengal, India.

General Enquiries: contact@zigmalearning.in
Privacy, Compliance, and Grievance Redressal: compliance@zigmalearning.in
Websites: www.zigmalearning.in and www.zigmalearning.com

We will endeavour to acknowledge and respond to enquiries and grievances within a reasonable period and in accordance with applicable legal requirements.