4. By submitting content on or through the Services (your “Material”), you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Material in any and all media or distribution methods (now known or later developed) and to associate your Material with you, except as described below. You agree that others may use Your Material in the same way as any other content available through the Services. Other users of the Services may fork, tweak and repurpose your Material in accordance with these Terms. If you delete your user account with us, your Material and name may remain available through the Services
5. In the preparation of the Application / Website / Services / products and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained. Any feedback from User is most welcome to make the Application / Website / Services / products and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Application/Website/Services/products for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
6. Our Website provides Users with access to various educational information and related sources. Such information is provided on an As Is basis and We assume no liability for the accuracy or completeness or use or non obsolescence of such information. We shall not be liable to update or ensure continuity of such information contained on the Website. We would not be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information. From time to time the Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). You may not create a link to the Website from another website or document without the Company’s prior written consent.
7. The contents of the Application / Services / products are developed based on in-house research and/or various other researches and/or development methodologies and/or curriculum design and/or delivery design and/or thinking skills and/or learning potential and/or mental abilities development concepts. The usage of the Application / Services / products is not endorsed as a substitution to the other resources available in the public but is intended to provide you with an alternative to other solutions. The Company acknowledges that there are various means of delivering structured thinking skills curriculum pedagogy and inclusion of methods in the Application / Services / products does not imply endorsement of any particular method nor exclusion imply disapproval. Subscription to the Application or usage of our Services / Website / products does not in any manner guarantee admission to any educational institutions or passing of any exams or achievement of any specified percentage of marks in any examinations or achievement in any kind of test meant for intellectual and/or mental and/or emotional and/or behavioural or any other abilities assessment test.
8. Certain contents in the Application / Services / Website / products may contain opinions and views. The Company shall not be responsible for such opinions or any claims resulting from them. Further, the Company makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
9. Some parts of the Services and/or products are interactive and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Company accepts no responsibility or liability for any material communicated by users or third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly on the Website, irrespective of whether We have certified any such upload by the User. We would not be responsible to verify whether such information or contents placed by any User contain infringing materials or not.
10. Some parts of the Services and/or products function are suggested to be used under the guidance and supervision of another person, whether related or unrelated to the user, whether trained or certified to be trained by the company after undertaking certain trainings from the company or not, or from the third parties. The Company accepts no responsibility or liability for any material communicated by such person to you user. Similarly, We will not be responsible or liable for any content shared by such person and We would not be responsible to verify whether such person or contents shared by such person contain infringing materials or not.
11. The Company may, based on any form of access to the Application (including free download/trials) or Services or Website or products or registrations through any source whatsoever, contact the User through various methods like sms, email, Whatsapp and call, to give information about its products as well as notifications on various important updates and/or to seek permission for demonstration of its products. The User expressly grants such permission to contact him/her through such methods like telephone, SMS, e-mail, Whatsapp and holds the Company indemnified against any liabilities including financial penalties, damages, expenses in case the User’s mobile number is registered with Do not Call (DNC) database. By registering yourself, you agree to make your contact details available to Our employees, associates and partners so that you may be contacted for educational information and promotions through telephone, SMS, email, Whatsapp etc.
12. While the Company may, based on the User’s confirmation, facilitate the demonstration of its products at the location sought by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the products and that User has relied solely on the investigations, examinations and inspections as the User has chosen to make and that the Company has afforded the User the opportunity for full and complete investigations, examinations and inspections.
13. Upon registration through any means whatsoever, the Company may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You to enable effective provision of Services or seek address to physically deliver services/products. The User expressly permits the Company to contact him/her and the end-user (in case of a minor, like a child or a school student) utilising the Services, through the above mentioned means at any time post registration. Further, the Company shall have the right to monitor the access and/or download and/or usage of the Application/Services/products and the contents thereof by the User/end-user, to analyze such usage and discuss the same with the User/end-user to enable effective and efficient usage of the Services/products. The User/end-user expressly permits the Company to clear the doubts of the user/end-user using the Application / Services / product / online portal by answering the questions placed before it, providing games learning and playing plans, study plans, informing of the progress, providing feedback, communicating with the user/end-user and mentoring the user/end-user through telephone or e-mail on express consent of the legal guardian / school / parent / User or through any other forum.
14. While the Company has made efforts to train the personnel engaged in the sales, learning and development, training and services relating to its products to enable quality control, it makes no warranties or representations whatsoever regarding the quality and competence of such personnel and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Company reserves the right and discretion to take any action in this regard.
15. Access to certain elements of the Services/product may be subject to separate terms, conditions and fair usage policy. The Company reserves the right to determine the criteria for provision of various elements of Services/product to the different categories of Users based on its policies. Hence, subscription to the Application/services/products or registrations do not automatically entitle the User to any and all elements of Services/products provided by the Company and the Company shall be entitled to exercise its discretion while providing them and determining continuity of certain elements of Services/products. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of Our Services/products at Our discretion.
16. The company may conduct events and competitions from time to time and you agree to allow the company to use the submissions by you including but not limited to videos, written content, craft work etc for promotional purposes. All rights will be reserved by the company for usage of such submissions by you. You additionally permit the company to use every kind of information submitted/shared/made available by you like photos, videos etc. before/during/after such events/competitions for promotional campaigns as it so pleases and you will cease to have any rights on the same once you have made them accessible to the company.
17. The Company shall not be obligated to provide workable products and / or services for any instruments that are not recognized by the Company or those instruments that may be purchased from any third party which are not compatible with the Company’s products and Services. The company reserves the right to upgrade the table/type of compatible devices as required from time to time.
18. The Company shall have no responsibility for any loss or damage caused to the device or otherwise while accessing Application / services / products or any other hardware and / or software and / or instrument, including loss of data or effect on the processing speed, resulting from Your use of our products and Services. The company shall also not be responsible for any kind of wear, tear or breakage of its physical products upon usage by you.
19. You have to specify the address to which the shipment has to be made at the time of purchase. All product(s) shall be delivered directly to the address as specified at the point of ordering and You cannot, under any circumstances whatsoever, change the address after the order is processed. In case of any change in the address, You need to specify the same to us in writing well in advance before the shipping date. Any inconsistencies in name or address or other contact details will result in non-delivery of the product(s). (a) For return of product(s) damaged at the time of delivery, the shipping charges shall be borne by the Company. However, for return any of the product(s) for any other reasons, it shall be the responsibility of the User to arrange for the return of such cancelled product(s) and the shipping charges shall be borne by such User. (b)We request You not to accept any product package that seems to be tampered with, opened or damaged at the time of delivery. The products must be returned in the same condition as delivered by the Company. Any products returned showing signs of any use or damage in any manner shall not be accepted for return. (c)All requests for return of products have to be placed within 7 (seven) days from the date of delivery. Please note that no refunds shall be claimed or will be entertained post 7 (seven) days from the date of delivery.
20. You acknowledge that the Company is not the manufacturer of the instrument/medium/hardware and/or physical products and hence, any defect relating to the same shall be reported to the manufacturer. The Company shall not be in any manner responsible for the same. The Company does not provide any guarantee or warranty relating to the instrument / medium / hardware or product material.
21. In order to encourage Customer Retention and Loyalty, Konshius encourages its Customers, Fintech/digital Partners and other stakeholders to refer customers to buy Konshius Products & Services. Company at its option can pay referral bonus subject to applicable laws. Since this is an optional selective policy of the Company, the decision of the Company is final and the same cannot be either disputed or challenged. It should be noted with abundant caution that no Customer, Fintech/digital Partner or other stake holder shall do business with the Company in anticipation of such Bonus. Company shall not be held responsible if some Customer has done business with the objective of getting referral bonus as Bonus paid by the Company is purely dependent on its own discretion based on internal parameters and various demographic and economic factors.
The following may be noted:-
a. It is Your sole responsibility to ensure that the account information provided by You is accurate, complete and latest. If you allow a third party access the Application / Website / Services / Products through your device, account or other means, you shall ensure that the said third party is bound by and abides by the terms of this Agreement. All provisions in this Agreement are applicable to the third party.
b. You shall be responsible for maintaining the confidentiality of the account information and for all activities that occur under Your account. You agree to (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify the Company of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, we may request You to change the password or we may suspend Your account without any liability to the Company, for such period of time as we deem appropriate in the circumstances. We shall not be liable for any loss or damage arising from Your failure to comply with this provision.
c. You acknowledge that Your ability to use Your account is dependent upon external factors such as internet service providers and internet network availability and the Company cannot guarantee accessibility to the Application at all times. In addition to the disclaimers set forth in the Terms, the Company shall not be liable to You for any damages arising from Your inability to log into Your account and access the services of the Application at any time.
22. Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register for the Application and all Our products or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for Our products or Services. As a minor if You wish to use Our products or Services, such use shall be made available to You by Your legal guardian or parents or School, who has agreed to these Terms. In the event a minor utilizes the Application / Website / Services /products, it is assumed that he/she has obtained the consent of the legal guardian or parents or their school and such use is made available by the legal guardian or parents or the school. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of Our Application or any of Our products or Services that may occur by virtue of any person including a minor registering for the Services/products provided. By using the products or Services You warrant that all the information provided by You is accurate and complete and that end-user has obtained the consent of parent/legal guardian/school (in case of minors). The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent / legal guardian / school or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians / school before providing any Information about themselves or their parents and other family members.
23. You agree to defend, indemnify and hold harmless the Company, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) Your use of and access of the Application/Website/Services/products; (ii) Your violation of any term of these Terms or any other policy of the Company; (iii) Your violation of any intellectual property rights or third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that Your use of the Application/Website/Services/products has caused damage to a third party. This defense and indemnification obligation will survive these Terms.
24. In no event shall the Company, its officers, directors, employees, partners or agents be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, information or profits or any other claim arising out of or in connection with, Your use of, or access to, the Application / Website / Services/ products.
25. In the event of Your breach of these Terms, You agree that the Company will be irreparably harmed and may not have an adequate remedy in money or damages. The Company therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The Company’s right to obtain such relief shall not limit its right to obtain other remedies.
26. Any violation by You of the terms of any Clause may result in immediate suspension or termination of Your Accounts apart from any legal remedy that the Company can avail. In such instances, the Company may also disclose Your Account Information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.
27. The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in New Delhi and You hereby accede to and accept the jurisdiction of such courts.
28. The Company has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features or functionality of the Application or the Services or the products as it deems fit at any time without notice. Further, the Company has the right to amend these Terms from time to time without prior notice to you. The Company makes no commitment, express or implied, to maintain or continue any aspect of the Application / Website / Services / products. You agree that the Company shall not be liable to You or any third party for any modification, suspension or discontinuance of the Application / Website / Services / products. All prices are subject to change without notice.
29. DISCLAIMER: THIS WEBSITE, THE ‘APPLICATION’ AND THE ‘SERVICES’ ARE PROVIDED ON AN “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE, APPLICATION, PRODUCTS AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE APPLICATION OR THE PRODUCTS OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE / APPLICATION / SERVICES / PRODUCTS IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.
30. General Provisions:
a. Notice: All notices served by the Company shall be provided via email and/or post. Any notice to be provided to the Company should be sent to email@example.com.
c. Assignment: You cannot assign or otherwise transfer Your obligations under the Terms, or any right granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third parties without the requirement of seeking Your consent.
d. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
e. Waiver: Any failure by the Company to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver by the Company of that provision or right.
f. Relationship: You acknowledge that Your participation on the Application / Website / Services / products, does not make You an employee or agency or partnership or joint venture or franchise of the Company.
g. The Company provides these Terms so that You are aware of the terms that apply to your use of the Website / Application /Products and Services. You acknowledge that, the Company has given You a reasonable opportunity to review these Terms and that You have agreed to them.
a. Any feedback You provide with respect to the Application / Website / Services / products shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) the Company is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) we may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from the Company for the feedback under any circumstances, unless specified.
b. Under no circumstances shall the Company be held responsible in any manner for any content provided by other users even such content is offensive, hurtful or offensive. Please exercise caution while accessing the Application / Website / Services / Products.
32. Customer Care:
We make all best endeavors to provide You with a pleasant experience. In the unlikely event that You face any issues, please contact us at firstname.lastname@example.org.