Last Updated: 23rd September 2020


This User Agreement (this “Agreement”) is a contract between you (“you” or “User") and KONSCIOUSLY TECHNOLOGIES PRIVATE LIMITED (KONSCIOUSLY). (“KONSCIOUSLY”, “we”, or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement in order to use our www.KONSCIOUSLY.com website or our Konsciously application, all affiliated websites, including mobile websites and applications, owned and operated by us, our predecessors or successors. This also includes all services, contents, journeys, text, images, videos, applications and products that are accessible through the Site and all KONSCIOUSLY mobile applications whether provided by us or our Affiliates. This Agreement includes and hereby incorporates the agreements and Site usage policies and as such agreements and policies may be modified by KONSCIOUSLY from time to time. Subject to the conditions set forth herein, KONSCIOUSLY may, in its sole discretion, amend this Agreement and the Privacy Policy (accessible at https://konsciously.com/privacy-policy) at any time by posting a revised version on the Site. Any revisions to this Agreement will take effect when posted on the Site unless otherwise stated. If a revised version includes a Substantial Change in that case, we will notify you in writing or email, of when the Substantial Change becomes effective. Your continued use of the Site or the Site Services after the effective date of a revised version of this Agreement constitutes your acceptance of and agreement to remaining bound by the Terms of Service. In the event of a conflict between this Agreement and the other Terms of Service, this Agreement will control unless the other Agreement explicitly states that it controls. Anyone below 18 years of age is assumed to be a child (“Child”) and has parental consent to use the Platform. The parents of the Child or users above 18 years of age are hereinafter referred to as "You".

YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES.

1. DIGITAL SIGNATURE

By registering for a KONSCIOUSLY account on the Site (an “Account”), or by clicking to accept the Terms of Service when prompted on the Site, you are deemed to have executed this Agreement electronically, effective on the date you sign up for an Account, pursuant to the prevailing Indian and any other applicable laws regulating the cyber contracts. Your Account sign up and/or registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments for your reference.

2. CONSENT TO USE ELECTRONIC RECORDS

In connection to your use of this site and its services you may have to receive certain records, such as contracts, notices, invoices and communications, in writing. You give us permission to provide these records to you electronically instead of in paper form. KONSCIOUSLY will make all reasonable efforts to ensure that a paper form record is issued and mailed to you in exceptional cases like audit or demand by Law enforcing agencies.

3. KONSCIOUSLY ACCOUNTS

3.1 Account Eligibility

To use the Site Services, you must register for an Account with KONSCIOUSLY. KONSCIOUSLY offers the Site Services for you as a User to get access to all the services and contents provided by and on the website. To register for an Account, you must be a legal entity or an individual 13 years or older. If a user is above 13 years and below 18 years of age, parental consent is a must. Konsciously will not be responsible for any misinformation provided during the sign up regarding the age of the user. By registering for an Account and by using the Site Services, or by clicking to accept the Terms of Service when prompted on the Site, you agree to:
(a) abide by this Agreement and the processes, procedures, and guidelines described on the Site; and
(b) be financially responsible for your use of the Site and its Services.

KONSCIOUSLY reserves the right, in our sole discretion, to refuse, suspend, or revoke your access to the Site and Site Services upon discovery that any information you provided on any form or posted on the Site is not true, accurate, or complete, or such information or other conduct otherwise violates this Agreement.

3.2 Account Registration

You agree to provide true, accurate, and complete information on all registration and other forms on the Site or that you provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You must not provide false or misleading information about yourself.

3.3 Identity Verification

We shall not conduct any identity verification unless it is being made mandatory by the regulatory authorities.

3.4 Usernames and Passwords

When you sign up for an Account, you will be asked to choose a username and password for the Account. You are entirely responsible for safeguarding and maintaining the confidentiality of your Account username and password. You agree to notify us immediately if you suspect or become aware of any unauthorized use of your account or any unauthorized access to your password.

3.5 Feedback

KONSCIOUSLY encourages you to leave objective balanced feedback about us and the contents on the website. KONSCIOUSLY provides its public feedback system as a means through which Users can share their opinions publicly and KONSCIOUSLY does not monitor or censor these opinions. KONSCIOUSLY does not investigate any remarks posted by Users for accuracy or reliability but may do so if a User requests that KONSCIOUSLY do so. You may be held legally responsible and accountable for any consequences or damages suffered by other Users as a result of your remarks if such remarks are legally actionable or defamatory. KONSCIOUSLY is not legally responsible for any feedback or comments posted or made available on the Site by any Users, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, KONSCIOUSLY reserves the right (but is under no obligation) to remove posted feedback or information that in KONSCIOUSLY’s sole judgment violates the Terms of Service.

4. PURPOSE OF THE SITE AND SITE SERVICES

The Site is a platform/technology enabler where Users, Individuals can seek and learn basic skills on personal and professional development. Subject to the terms of this Agreement, KONSCIOUSLY provides the Site Services to enable Users to access 'different modules, textual content, videos, images, multimedia interactions, etc. on topics related to personal development, professional growth, mental, emotional and overall health and well-being. The site serves as a medium to propagate awareness about building different skills using modern day technology. The modules/ content in the application or in the website is for learning purpose only, and does not guarantee any results v.i.z reading/ listening/ completing fully or partly the "Employability Skills Module" or the "Emotional Intelligence Module" does not increase the Employability Quotient nor the Emotional Quotient, and we do not claim the same anywhere.Also, it must be noted that the topics/ skills included in both the modules does not implicitly or explicitly indicate that those are the only skills required to develop employability skills or emotional intelligence.

5. GENERAL DISCLAIMER

The site provides the services of access to modules/ courses, textual content, videos, images, multimedia interactions related to building employability skills and emotional intelligence through write-ups and content created by the experts and learned mentors. The user understands and agrees that the use of the site and its services and any after effect are sole and absolute responsibility of the user. The website or its creators will not be responsible for any claim made by the user for the use and misuse of the site leading to any personal grievance nor the user will raise any claim legal or financial, whatsoever, for the use of the site and any speculative results expected out of the use of the site and its contents.

The user completely and absolutely absolves the site owner for all these kinds of scenarios giving rise to claims by the user or any party related to the user in any form either legally or otherwise.

Views Expressed Disclaimer: The views expressed by other users on any community forum or remark or feedback belongs to the user and that user will have the sole responsibility of nullifying the grief giving rise to any claims or complaints to any other user.


6. PAYMENT TERMS

6.1 Registration Fees

There is no fee for registering with KONSCIOUSLY and you can join the application/site without paying any registration fee. Whenever there is any modification to the registration fee you shall be notified accordingly.

6.2 Fee

You agree that there will be certain fees applicable to various services that will be accessed by you on the application/site (for e.g buying different modules). Services which are free can be accessed without paying any fees and you agree to pay the quoted fees to access the paid services on the application/site.

6.3 No Return of Funds

User acknowledges and agrees that KONSCIOUSLY will charge User’s designated Payment Method for the Fees. Modules/ courses once bought, cannot be cancelled or refunded. Nor can it be exchanged for any other service available on the application or website. User agrees that once KONSCIOUSLY charges User for the Fees as provided in this Policy, the charge is non-refundable, except as otherwise required by applicable law. User also acknowledges and agrees that this Agreement provides a dispute resolution process as a way for User to resolve disputes.

6.4 Formal Invoices and Taxes

KONSCIOUSLY will be issuing formal invoices to User. KONSCIOUSLY may add the Service Tax, to be paid by the User, to the Fee.

7. LICENSES AND SITE USE

7.1 Site License

Subject to the conditions on compliance with this Agreement, KONSCIOUSLY grants you a limited, non-exclusive, non-transferable license to access and view the modules/courses and associated content like the tasks/ tips/ trivia/ did-you-knows for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense.You must not access (or attempt to access) the Site or Site Services by any means other than the interface provided, and you will not use information from the Site or Site Services for any purposes other than the purposes for which it was made available. You agree not to use the Site or Site Services for offering any goods or services other than as permitted by this Agreement. You will not access Site Services in order to build a similar service or application, or publish any performance, or any benchmark test or analysis relating to the Site Services. The KONSCIOUSLY logos and names are trademarks of KONSCIOUSLY and may be registered in certain jurisdictions.By buying a course/ module, KONSCIOUSLY gives you the lifetime access to only those content/ topics explicitly mentioned in the said course/ module, when its was purchased. Any content added to a said module/ course later on by the company, needs to be purchased additionally. We reserve the right to revoke any license to access and use module/ courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, or closure of company operations.

7.2 Mobile and Other Devices

When using our mobile applications, please be aware that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply. Our mobile applications may not contain the same functionality available on the Site.

7.3 Site Updates

We may from time to time in our sole discretion develop and provide Site Services updates, which may include upgrades, bug fixes, patches, and other error corrections and/or new features. Updates may also modify or delete in their entirety certain features and functionality. You will promptly download and install all Updates and acknowledge and agree that Site Services or portions thereof may not work properly should you fail to do so. You further agree that all Updates will be subject to the terms of this Agreement, unless otherwise provided in terms associated with such Update. KONSCIOUSLY reserves the right, at any time, to modify, suspend, or discontinue Site Services or any part thereof without notice.

8. CONFIDENTIAL INFORMATION

8.1 Confidentiality

To the extent a User provides Confidential Information to the other, the recipient will protect the secrecy of the discloser’s Confidential Information with the same degree of care as it uses to protect its own Confidential Information, but in no event with less than due care, and will:
(a) not disclose another’s Confidential Information to anyone without first obtaining the express written consent of the owner of the Confidential Information;
(b) not use or permit the use of another’s Confidential Information, except as necessary for the performance of Services (including, without limitation, the storage or transmission of Confidential Information on or through the Site).

8.2 Return

If and when Confidential Information is no longer needed for the performance of the Services or at User’s written request, the party that received Confidential Information, will, at its expense, promptly destroy or return the disclosing party’s Confidential Information and any copies thereof contained in or on its premises, systems, or any other equipment otherwise under its control. The party that received Confidential Information agrees to provide written certification to the party disclosing the Confidential Information of compliance with this subsection within ten days after the receipt of disclosing party’s written request for such certification.

8.3 Publication

User, and KONSCIOUSLY will not publish, or cause to be published, any other party’s Confidential Information , except as may be necessary for performance of Services.

9. LIMITATION OF LIABILITY

KONSCIOUSLY is not liable, and you agree not to hold it responsible, for any damages or losses arising out of or in connection with this Agreement, including, but not limited to:
your use of or your inability to use our Site or Site Services;
delays or disruptions in our Site or Site Services;
downloading the app from unauthorised sites;
viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
glitches, bugs, errors, or defects of any kind in our Site or Site Services;
damage to your hardware device from the use of the Site or Site Services;
the content, actions, or inactions of third parties’ use of the Site or Site Services;
a suspension or other action taken with respect to your account; and
your reliance on the quality, accuracy, or reliability of services, ratings, recommendations, and feedback , or metrics found on, used on, or made available through the Site.

10. RELEASE

In addition to the recognition that KONSCIOUSLY is just a facilitator between Users and , you hereby release KONSCIOUSLY, its Affiliates, and its respective officers, directors, subsidiaries, joint ventures, and employees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity.

11. INDEMNIFICATION

You will indemnify, defend, and hold harmless KONSCIOUSLY, its Affiliates, and its respective directors, officers, employees, and representatives (each an “Indemnified Party”) from any and all claims, damages, liabilities, costs, losses, and expenses arising from or relating to any claim, suit, proceeding, demand, or action brought by you or a third party or other User against an Indemnified Party relating to:
(a) use of the Site and the Site Services by you, including any payment obligations incurred through use of the Site Services;
(b) any Service Contract, if any, entered into by you;
(c) failure to comply with this Agreement by you;
(d) failure to comply with applicable law by you;
(e) negligence, willful misconduct, or fraud by you; and
(f) defamation, libel, violation of privacy rights, unfair competition, or infringement of Intellectual Property Rights or allegations thereof to the extent caused by you.

12. AGREEMENT TERM AND TERMINATION

This Agreement, as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Site Services. Unless both you and KONSCIOUSLY expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other. You may provide written notice to support@KONSCIOUSLY.com. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed. Without limiting any other provisions of this Agreement, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract through the site, or KONSCIOUSLY from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason.

Without limiting KONSCIOUSLY’s other rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if:
(i) you breach any terms and conditions of this Agreement or other parts of the Terms of Service;
(ii) we suspect or become aware that you have provided false or misleading information to us; or
(iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or KONSCIOUSLY or our Affiliates.

If your Account is suspended or closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without KONSCIOUSLY’s prior written consent.

If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If required by law, KONSCIOUSLY will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which KONSCIOUSLY will have no liability whatsoever.

12.1 Enforcement of Agreement

KONSCIOUSLY has the right, but not the obligation, to suspend or revoke your access to the Site and Site Services if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the Terms of Service or violated our rights or those of another party. Without limiting KONSCIOUSLY’s other rights or remedies, we may suspend or close your Account, use self-help in connection with our rights to reclaim funds, and refuse to provide any further access to the Site or the Services to you if
(a) you breach any terms and conditions of this Agreement or other Terms of Service;
(b) we are unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause legal liability for you, other Users, or KONSCIOUSLY.

12.2 Consequences of Agreement Termination

Termination of this Agreement and/or closing of your Account will not relieve User of the requirement to pay for Services performed prior to the effective date of the termination or thereafter for any Service Contracts executed before termination of this Agreement, which fees and expenses, together with any applicable taxes, User hereby authorizes KONSCIOUSLY to charge to its Payment Method pursuant to Section 6 (Payment Terms).

Except as otherwise required by applicable law, we will notify you if we close your Account, unless we understand, in our sole judgment, that giving notice may cause damage. You agree as follows: IF KONSCIOUSLY DECIDES TO SUSPEND OR CLOSE YOUR ACCOUNT, KONSCIOUSLY HAS THE RIGHT BUT NOT THE OBLIGATION TO PROVIDE THE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT SUSPENSION OR CLOSURE.

12.3 Survival

After this Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions protecting Confidential Information, requiring arbitration, permitting audits, protecting intellectual property, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates.

13. CANCELLATIONS, REFUNDS, AND DISPUTES

13.1 Dispute Process and Scope

If a dispute arises between you and KONSCIOUSLY, our goal is to resolve the dispute quickly and cost-effectively. Accordingly, you and KONSCIOUSLY agree to resolve any claim, dispute, or controversy that arises out of or relates to this Agreement, your relationship with KONSCIOUSLY, the termination of your relationship with KONSCIOUSLY, or the Site Services in accordance with this Section. All the Parties will make reasonable efforts to settle the dispute amicably. If unresolved then parties can amicably and mutually agree to opt for arbitration

13.2 Choice of Law

This Agreement and any Claim will be governed by and construed in accordance with the applicable laws of Union of India.

14. GENERAL

14.1 Entire Agreement

This Agreement, together with the other Terms of Service, sets forth the entire agreement and understanding between you and KONSCIOUSLY relating to the subject matter hereof. Even though KONSCIOUSLY drafted this Agreement, you represent that you had ample time to review and decide whether to agree to the terms of this Agreement. If an ambiguity or question of intent or interpretation of this Agreement arises, no presumption or burden of proof will arise favoring or disfavoring you or KONSCIOUSLY because of the authorship of any provision of this Agreement.

14.2 Compliance

User will not violate any applicable National, State, or local laws or on or related to the Site. Without limiting the generality of the foregoing, User agrees to comply with all applicable laws and regulations.

14.3 Modifications

No modification or amendment to this Agreement will be binding upon KONSCIOUSLY unless in a written instrument signed by a duly authorized representative of KONSCIOUSLY. For the purposes of this subsection, a written instrument will expressly exclude electronic communications, such as email and electronic notices, but will include facsimiles. This Section does not apply to amendments to this Agreement posted by KONSCIOUSLY to the Site from time to time.

14.4 No Waiver

The failure or delay of either party to exercise or enforce any right or claim does not constitute a waiver of such right or claim and will in no way affect that party’s right to later enforce or exercise it, unless such party issues an express written waiver, signed by a duly authorized representative of such party.

14.5 Assignability

User may not assign this Agreement, or any of its rights or obligations hereunder, without KONSCIOUSLY’s prior written consent in the form of a written instrument signed by a duly authorized representative of KONSCIOUSLY (and, for the purposes of this subsection, a written instrument will expressly exclude electronic communications such as email and electronic notices, but will include facsimiles). KONSCIOUSLY may freely assign this Agreement without User’s consent. Any attempted assignment or transfer in violation of this subsection will be null and void.

14.6 Severability

If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

14.7 Force Majeure

The parties to this Agreement will not be responsible for the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party. The time for performance by such party will be extended by the period of such delay.

15. DEFINITIONS

"Journey" is a structured collection of textual content, images, gifs, audio, exercises, questions, tips and trivia that a user can access using Koin/s. 1 Journey can be enrolled in for 1 Koin.

"Koin" is a token word for a non-refundable unit of credit which a valid and registered user can buy, at the price mentioned in the pricing policy, to unlock a Journey only.

“Affiliate” means any entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with KONSCIOUSLY.

“User” means any authorized User utilizing the Site to seek or provide Services from another User. From time to time, KONSCIOUSLY may act as a User, and the terms and conditions of this Agreement applicable to Users will apply to KONSCIOUSLY when KONSCIOUSLY acts in this way.

“User Deliverables” means requests, intellectual property, and any other information or materials that a receives from a User to perform Services.

“Confidential Information” means User Deliverables, Work Product, and any other information provided to, or created by, a User or to perform or assist in performing Services, regardless of whether in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of User; (b) subsequent to disclosure hereunder, was lawfully received without restriction on disclosure from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.

“Services” means all services performed for or delivered to Users by or through the website.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

“Payment Method” means a valid credit/debit card issued by a bank acceptable to KONSCIOUSLY, a bank account linked to your Account, a Payment gateway account, a debit card, or such other method of payment as KONSCIOUSLY may accept from time to time in its sole discretion.

“Site Services” means all services that are accessible through the Site.

“Substantial Change” means a change to the terms of this Agreement that reduces your rights or increases your responsibilities.

“User Content” means any data, feedback, content, text, photographs, images, video, music, or other information that you post to any part of the Site or provide to KONSCIOUSLY.


Effective Date: 21st January 2020

Our mission is to help you achieve holistic well-being through a series of interactive and transformational journeys that are designed to set you up for success.

support@konsciously.com

1, Park Lane, Kolkata - 700016, West Bengal, India.