Privacy Policy
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.knorish.com technology offering (website).
Your use of the Website and services and tools are governed by the following terms and conditions (“Terms of Use”) as applicable to the Website including the applicable policies which are incorporated herein by way of reference. If You transact on the Website, You shall be subject to the policies that are applicable to the Website for such transaction. By mere use of the Website, on understanding the terms and conditions including the policies herein, you will shall be trigger contracting obligations.
KNORISH FRAMEWORKS PRIVATE LIMITED, a company incorporated under the Companies Act, 1956 and having its registered office at Enkay Town Plaza, 402, 4th Floor, I Block, Palam Vihar, Major Sushil Aima Marg, Sector 1, Gurugram, Haryana, India – 122017 (hereinafter referred to as “KFPL”) of the ONE PART,
AND
The subscribers or users of the platform are herein referred to as the “Creator” which expression shall, unless it be repugnant to the context or meaning thereof, means and includes [his/her heirs, executors, administrators, legal representatives/ the partners or partner for the time being of the firm, the survivors or survivor of them and the heirs, executors, administrators of the last surviving partner and his or her assigns/ its successors and assigns]) of the OTHER PART.
KFPL and Creator shall hereinafter be referred to collectively as “Parties” and individually as “Party”.
WHEREAS:
KFPL is inter alia engaged in creating, developing and maintaining an online educational platform facilitated/ offered by KFPL accessible on the Internet at www.knorish.com providing access to recorded and live learning services for users (the “Platform”);
Creator has approached and requested KFPL to grant a license to access the Platform and KFPL has agreed to grant to the Creator a non-exclusive, non-transferable and revocable license to access the Platform, subject to the terms and conditions set forth herein.
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INTERPRETATION AND DEFINITIONS
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Interpretation
Any reference in this Agreement to any statute or statutory provision, order or regulation shall be construed as including a reference to that statute or statutory provision, order or regulation as from time to time amended, modified, extended or re-enacted whether before or after the date of this Agreement and to all statutory instruments, orders, regulations and directives modifying or extending the same.
Unless the context otherwise requires words denoting the singular shall include the plural and vice versa and words denoting any one gender shall include all genders.
Unless otherwise stated references to clauses, sub-clauses, paragraphs, sub-paragraphs, schedules, annexure and exhibits shall mean and include references to clauses, sub-clauses, paragraphs, sub-paragraphs, schedules, annexure and exhibits related to this Agreement.
The Parties agree that the recitals shall form an integral part of this Agreement.
Unless otherwise stated time shall be of essence for the purpose of this Agreement.
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Definitions
“Agreement” shall mean and include this Agreement and any and all schedules, annexures, and exhibits appended to it or incorporated by reference and shall include any amendments or addendums to this Agreement in writing;
“Applicable Laws” shall mean acts, statutes, rules, regulations, ordinances, or decisions of any executive, judicial, administrative or quasi-judicial authority, having the force or effect of law in India;
“Access” Users are allowed to access and view the Platform as a guest and without creating an account on the Platform or providing any Personal Information, Knorish takes no responsibility or validate the information provided by the guest, except as otherwise required under any law, regulation, or an order of competent authority. However, to have access to all the features and benefits on our Platform, a User is required to first create an account on our Platform. To create an account, a User is required to provide Personal Information as may be required during the time of registration. Other information requested on the registration page, including the ability to receive promotional offers from Knorish, is optional. Knorish may, in future, include other optional requests for information from the User to help Knorish to customize the Platform to deliver personalized information to the User. Knorish may keep records of telephone calls received and made for making enquiries, registered courses, feedback, or other purposes for the purpose of rendering services effectively and efficiently.
“Confidential Information” means all information about this Agreement and KFPL including but not limited to information as to its business, services, prices, plans, practices, techniques, finances and clients acquired pursuant to the relationship created hereby or otherwise and all assessments, advice, concepts, ideas, designs, reports, recommendations, presentations and any other material provided or developed hereunder;
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“Processors and controllers” Knorish is the controller of Personal Information that it collects and processes in connection with the use of the Platform and the provision of the Services on the Platform. The kind of Personal Information we collect in connection with such use is detailed below.
When it comes to the Content that is uploaded, submitted, or otherwise provided to the Platform by the Creators, known as “Creator Data”, such Creators are the controllers with respect to any Personal Information included in the Creator Data. Knorish only acts as a processor in this case and processes the Creator Data on behalf of the Creator. When a Learner enrols to purchase Creator’s Content or subscribe to the Creator’s Page, Knorish will provide the Creator access to a limited set of Personal Information about such Learner to enable the Creator to provide their services to the Learner. Creators and Knorish each act as an independent controller with respect to their particular use of Learners’ Personal Information, subject to the terms of this Privacy Policy, Data Processing Agreement and Terms of Service. We clarify that in respect of the Learners' Personal Information processed and stored by the Creator outside the purview of the Platform shall be the sole responsibility of the Creator.
You as a Creator acknowledge and agree that You are responsible for complying with all applicable laws and regulations related to the protection of Personal Information for which You are the controller or the processor. If You are a Learner whose Personal Information has been processed or stored by a Creator, please contact the Creator directly and view the Creator’s privacy policy to understand how the Creator uses Your Personal Information.
“Device” shall mean and include the digital devices including laptops, desktops, mobiles, handheld devices, tablets, phablets etc. and all Internet enabled devices and such other devices as may be invented from time to time, which may or may not have telephony capability, either in-built or in conjunction with any device or software which allows it to have a telephony usage, accessed by wires or wireless diffusion which includes but is not restricted to inter-alia, GSM, CDMA, 2G, 3G, 4G, BWA, LTE, WiFi, WiMax or any other protocol or format now known or that may be developed in the future, through which the Platform may be accessible by the Creator in accordance with this Agreement;
“Intellectual Property” shall mean all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world. Intellectual Property includes trademarks, service marks, trade names, registered designs, copyrights, rights of privacy and publicity and other forms of intellectual or industrial property, know how, inventions, formulae, confidential or secret processes, trade secrets, any other protected rights or assets and any licences and permissions in connection therewith, in each and any part of the world and whether or not registered or registrable and for the full period thereof, and all extensions and renewals thereof, and all applications for registration in connection with the foregoing;
“Person” means and includes an individual, an association, a corporation, a partnership, a joint venture, a trust, an unincorporated organization, a joint stock company or other entity or organization, including a government or political sub-division or agency or instrumentality thereof and/ or any other legal entity;
“Personal Information” shall mean the information which identifies the User i.e., first and last name, identification number, email address, age, gender, location, photograph and/or phone number provided at the time of registration or any time thereafter on the Platform. Personal Information may include “sensitive personal information or data” as defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) and in context of this Policy, includes passwords provided by you during registration.
We request you to not provide Knorish with any Personal Information unless specifically requested by us. In the event you share with Knorish any Personal Information without us having specifically requested for the same, then we bear no liability to such Personal Information provided by you.
“Term” shall have the meaning ascribed to it in Schedule – A hereto;
“Territory” shall mean the entire world.
“Usage Rules” means the Platform usage rules as set out in Schedule–B.
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Information we collect:
We only collect information about You if we have a reason to do so — for example, to provide our Services on the Platform, to communicate with You, or to make our Services better.
We collect this information from the following three sources:
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Information we need to collect from you
Basic account information: In order to access certain features of the Platform, you will need to create an account and register with us. We ask for basic information which may include your name, an email address, country, and password, along with a username and mobile number.
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Public profile information: If you create an account with us as a Creator, we also collect the information that you provide for your public profile on the Platform viz., your username is part of that public profile, along with any other information you may put into your public profile, like an “About Me” description; we may also give you an option to upload your photo and include links of your social media & Tube channels, websites, blogs, etc. your public profile information is, as the word suggests, ‘public’, so please keep that in mind when deciding what information you would like to include.
The above information is collected so You can personalize Your new account, provide You access to the Platform, and we can send You notifications, updates, or other essential information. We do not sell Your Personal Information to third parties, and we do not use Your name or name of Your company in marketing statements without Your consent. Further, we do not contact or solicit Learners/members of a Creator directly and any correspondence with the Learners will strictly be in relation to the Platform, its access or any issue they may want resolved in connection with the Platform.
Communication with us: When You write to Us with a question or to ask for help, We will keep that correspondence, and the email address, for future reference. When You browse pages on our Platform, we will track that for statistical purposes which may be to improve the Platform or offerings. You may also provide us with information when you respond to surveys or when you otherwise communicate with us via form, email, phone, or otherwise, we store a copy of our communications (including any call recordings, if any, as permitted by applicable law).
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Information we collect automatically:
Log information: We collect information that web browsers, mobile devices, and servers typically make available, including the browser type, IP address, unique device identifiers, language preference, referring site, the date and time of access, operating system, and mobile network information. We collect log information when You use our Platform — for example, when You create or make changes to Your profile page or account on the Platform.
Usage information: We collect information about Your usage of our Platform. We also collect information about what happens when You use our Platform (e.g., page views, support document searches, features enabled for Your account, interactions with other parts of our Services) along with information about Your Supported Device (e.g., screen size, name of cellular network, and mobile device manufacturer). We use this information to provide our Platform to You, get insights on how people use our Platform so we can make our Platform better, and understand and make predictions about User retention.
Location information: We may determine the approximate location of Your Supported Device from Your Internet Protocol (IP) address. We may collect and use this information to calculate how many people visit from certain geographic regions or to improve our Platform offerings.
Information from cookies & other technologies: We may collect information about You through the use of cookies and other similar technologies. A cookie is a string of information that a website stores on a visitor’s computer, and that the visitor’s browser provides to the website each time the visitor returns. For more information on our use of cookies and similar technologies, please refer to our Cookie Policy.
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Information we collect from other sources:
We might receive information about You from other sources in course of their services to us.
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How we use and share the information collected:
We use/process Your information in the following manner:
To provide our Platform: We use your information as collected by us to allow you to access the Platform and the services offered therein, including without limitation to set-up and maintain your account, provide customer service, fulfil purchases through the Platform, verify User information and to resolve any glitches with our Platform. The legal basis for this processing is consent or, where applicable, our legitimate interests in the proper administration of our Platform, and/or the performance of a contract between you and us.
To improve our Platform and maintain safety: We use Your information to improve and customize the Platform and services offered by us, including providing automatic updates to newer versions of our Platform and creating new features based on the Platform usage analysis. Further, we also use Your information to prevent, detect, investigate, and take measures against criminal activity, fraud, misuse of or damage to our Platform or network, and other threats and violations to Knorish’s or a third party's rights and property, or the safety of Knorish, its users, or others. The legal basis for this processing is consent or, where applicable, our legitimate interests in the proper administration of our Platform, and/or the performance of a contract between You and us.
To market our Platform and communicate with you: We will use Your information in order to develop a more targeted marketing of our Platform, to communicate with You about our offers, new products, services or even receive Your feedback on the Platform. The legal basis for this processing is consent or, where applicable, our legitimate interests in the proper administration of our Platform, and/or the performance of a contract between You and us.
To establish, exercise, or defend legal claims: We may process any of the Personal Information identified in this Policy when necessary for establishing, exercising, or defending legal claims, whether in court, administrative, or other proceedings. The legal basis for this processing is our legitimate interest in the protection and assertion of our legal rights, your legal rights, and the legal rights of others.
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To manage risk and obtain professional advice: We may process any of the Personal Information identified in this Policy to manage risk or obtain professional advice. The legal basis for this processing is our legitimate interest in the proper protection of our business and Platform.
Basis of Collection and Processing of your Personal Information: We collect and process Your Personal Information based on the following legal parameters depending upon the nature of Personal Information and the purposes for which it is processed:
Consent: We rely on your consent in order to process your Personal Information in certain situations. If we require your consent to collect and process certain Personal Information, as per the requirements under the applicable data protection laws, your consent is sought at the time of collection of your Personal Information and such processing will only be performed where consent is secured.
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Compliance with a legal obligation: Your Personal Information may be processed by us, to the extent that such processing is necessary to comply with a legal obligation.
We may process Your Personal Information in connection with any of the purposes and uses set out in this Policy on one or more of the following legal grounds:
Because it is necessary to perform the services You have requested or to comply with Your instructions or other contractual obligations between You and us;
To comply with our legal obligations as well as to keep records of our compliance processes;
Because our legitimate interests, or those of a third-party recipient of Your Personal Information, make the processing necessary, provided those interests are not overridden by Your interests or fundamental rights and freedoms;
Because You have chosen to publish or display Your Personal Information on a public area of the Platform, such as a comment area;
Because it is necessary to protect Your vital interests;
Because it is necessary in the public interest; or
Because You have expressly given us Your consent to process Your Personal Information in a particular manner.
We do not use Personal Information for making any automated decisions affecting or creating profiles other than what is described in this Policy.
Where the processing of Your Personal Information is based on Your consent, You have the right to withdraw Your consent at any point in time. Please note that should the withdrawal of consent result in us not being able to continue offering our products and services to You, we reserve the right to withdraw or cease our products and services to You upon Your consent withdrawal. You may withdraw consent by contacting us with a written request at [email protected]. Upon receipt of Your request to withdraw Your consent, the consequences of withdrawal may be communicated to You. Upon Your agreement to the same, Your request for withdrawal will be processed.
We share the information collected as mentioned above only in the manner specified hereinbelow. We do not sell or otherwise disclose Personal Information we collect about You for monetary or other valuable consideration.
Information shared with Creators:
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To allow the Creators to provide their services to their Learners, we share the following information of Learners (“Learner Information”) with Creators in a downloadable format:
Account information on the Platform, including a Learner’s name, email address, mobile number (if provided by you on the Platform) and any other information requested by the Creators from their Learners through the custom field option on the Platform;
Information about a Learner’s enrolment and participation in the Content, course/session completion status, quiz results (if any) and certificates (if any and applicable) taught by the Creator;
Any messages a Learner exchanges with the Creator through the Platform.
Knorish will provide Learner Information to Creators only if a Learner has joined/subscribed to such Creators’ Page on the Platform. Please note that, except as stated above, we do not share any other information about Learners with the Creators. Any additional information that is shared by a Learner with a Creator is done so at the discretion of the Learner. However, our Third-Party Service Providers, may share the information relating to purchases made by you on the Platform, including invoices, the amount paid, Your address, or other billing information regarding a Creator’s Content with the Creator or with others in accordance with their privacy policy. Please review terms and conditions and privacy policy of relevant Third-Party Service Providers before availing their services to understand more about how they may collect, process, and use Personal Information provided by you to them.
Creators are responsible for protecting Learner Information that they collect and for processing that information in accordance with applicable data protection laws. If You (as a Learner) have any questions about a Creator’s privacy practices, You should contact the Creator directly and ask to review such Creator’s privacy policies.
Learner Consent:
For the purposes stated hereinabove, You, as a Learner, hereby give consent to Knorish to share Your Learner Information with the Creator to whose Page You have joined/subscribed, and further consent to allow such Creators to download Your Learner Information as provided on the Platform.
For the purposes stated hereinabove, You, as a Learner, hereby give consent to Knorish to share Your Learner Information with the Creator to whose Page You have joined/subscribed, and further consent to allow such Creators to download Your Learner Information as provided on the Platform.
When a Creator creates an account and makes available Content on the Platform, the information contained in a Creator’s public profile and Creator’s Content will be viewable to Users who are given access to Your profile and Content.
Please note that all information shared by a Creator, whether as part of a Creator’s public profile or Content, in Communities, or other public portions of the Platform, is deemed as public information. Since the same is publicly available, we cannot control how others treat it; so please keep that in mind when deciding what information You choose to include, and refrain from sharing Your sensitive personal information and those of others.
Other ways we may share Information:
Affiliates and Subsidiaries: We may disclose information about you to our affiliates, subsidiaries and other businesses under the same control and ownership, and their respective officers, directors, employees, accountants, attorneys, or agents, who need the information to help us provide our Platform or process the information on our behalf. We require our affiliate, subsidiaries and other businesses under the same control and ownership to follow this Privacy Policy for any Personal Information that we share with them.
Third-party vendors: We may share information about you with third-party vendors or service providers (including consultants, payment processors, and other service providers) who need the information in order to provide their support services to us, or to provide their services to you on our behalf. These services may include providing customer support, performing business and sales analysis, supporting our website functionality, facilitating payment processing, and supporting contests, surveys, and other features offered on our Platform. Such third-party vendors are not allowed to use the information for any purpose other than what it was provided for and they are required to process and use the information in accordance with this Privacy Policy.
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Legal Disclosures: We may disclose information about You in response to a court order, or other governmental request. Without limitation to the foregoing, we reserve the right to disclose such information where we believe in good faith that such disclosure is necessary to:
comply with applicable laws, regulations, court orders, government and law enforcement agencies’ requests;
protect and defend Knorish’s or a third party's rights and property, or the safety of Knorish, our users, our employees, or others; or
prevent, detect, investigate and take measures against criminal activity, fraud and misuse or unauthorized use of our Platform and/or to enforce our Terms of Service or other agreements or policies.
To the extent permitted by law, we will attempt to give You prior notice before disclosing Your information in response to such a request.
Business transfers: In the event Knorish undergoes any merger, acquisition, or sale of company assets, in part or in full, by another company, or in the unlikely event that Knorish goes out of business or enters bankruptcy, user information would likely be one of the assets that is transferred or acquired by a third party. If any of these events were to happen, this Privacy Policy would continue to apply to Your information and the party receiving Your information may continue to use Your information, but only consistent with this Privacy Policy.
Advertising and Analytics Partners: We may share usage data with third-party advertisers, advertisement networks, and analytics providers through cookies and other similar technologies.
With Your Consent: We may share and disclose information with Your consent or at Your direction.
Your information may be shared for reasons not described in this Policy, however, we will inform You before we do the same.
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Cross-border data transfer:
Any Personal Information that we transfer will be protected in accordance with this Policy as well as with adequate protections in place in compliance with applicable laws and regulations.
Please note that some countries may have differing (and potentially less stringent) privacy laws and that Personal Information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies, and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar process.
Please note that the Personal Information we hold about You may have to be transferred to other countries outside Your residential country. Same shall be done in accordance with the purposes described in this Privacy Policy.
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Duration for which your information is stored on the platform:
Mostly, when You delete any of the information provided by You or when You delete Your account, on the Platform, the same will be deleted from our servers too. However, in certain cases, we will retain Your information for as long as it is required for us to retain for the purposes stated hereinabove, including for the purpose of complying with legal obligation or business compliances.
Further, please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by You on Your public profile or otherwise on the Platform, however, we shall anonymize Your Personal Information in such a way that You can no longer be identified as an individual in association with such information made available by You on the Platform. We will never disclose aggregated or de-identified information in a manner that could identify You as an individual.
Note: If You belong to a country where GDPR applies or if You are a Californian resident and if You wish to exercise any of Your rights (as specified hereinbelow) to access, modify and delete any or all information stored about You, then You may do so by writing to us at [email protected].
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What are your choices:
Limit the information You provide: You always have an option to choose the information You provide to us, including the option to update or delete Your information. However, please note that lack of certain information may not allow You access to the Platform or any of its features, in part or in full. For example: information required for Your registration on the Platform.
Limit the communications You receive from us: Further, You will also have the option to choose what kind of communication You would like to receive from us. However, there may be certain communications that are required for legal or security purposes, including changes to various legal agreements, that you may not be able to limit.
Reject Cookies and other similar technologies: You may reject or remove cookies from Your web browser; You will always have the option to change the default settings on Your web browser if the same is set to ‘accept cookies’. However, please note that some of the Services offered on the Platform may not function or be available to You, when the cookies are rejected, removed, or disabled.
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Your rights:
In general, all Users have the rights specified herein this section. However, depending on where you are situated, you may have certain specific rights in respect of your Personal Information accorded by the laws of the country you are situated in.
Right to Confirmation and Access: You have the right to get confirmation and access to your Personal Information that is with us along with other supporting information.
Right to Correction: You have the right to ask us to rectify your Personal Information that is with us that you think is inaccurate. You also have the right to ask us to update your Personal Information that you think is incomplete or out-of-date.
Right to be Forgotten: You have the right to restrict or prevent the continuing disclosure of your Personal Information under certain circumstances.
Right to Erasure: If you wish to withdraw/remove your personal Information from our Platform, you have the right to request erasure of your Personal Information from our Platform by writing to us to the contact details provided in the ‘Grievances’ section below. However, please note that such erasure will remove all your Personal Information
Please note, if you are a Learner who wishes to exercise his/her rights under the applicable data privacy laws in respect of your Data made available on the Platform, then you will need to contact the respective Creator directly.
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License:
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Subject to the terms and conditions of this Agreement, KFPL grants to the Creator a limited, non-exclusive, non-transferable, revocable license for the Term and the Territory, to use and access the Platform in accordance with the license model detailed in Schedule–A of this Agreement.
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Creator shall not, and shall not permit any third party to:
use and access the Platform except to the limited extent permitted in Schedule – A; or
decompile, reverse engineer, disassemble, rent, lease, loan, market, publish, distribute, reproduce, assign, sell, transfer, sub-license or create any derivative works from the Platform or any part thereof; or
- use any network monitoring or discovery software or hacking tools to determine the Platform architecture or extract information about the Platform and/ or any users of the Platform; or
use any robot, spider, other automatic device, or manual process to monitor or copy the Platform; or
directly and/ or indirectly list the Creator course content on any third party websites (including without limitation Snapdeal, Flipkart, Amazon and/ or any other websites), without KFPL’s prior written consent; or
Alter, add, amend, copy, modify, reproduce, republish, distribute, display or transmit for commercial, non-profit or public purposes all or any portion of the Platform, except to the limited extent permitted in Schedule – A.
Save and except the license as detailed in Schedule – A , for the Term and for the Territory; all rights of and into the said Platform shall remain vested exclusively with KFPL to the fullest extent.
Creator hereby grants KFPL a royalty-free, non-exclusive, non-transferable, non-sub-licensable, limited license to use Creator’s marks solely for the purpose of enabling the creation of marketing communications through or on the Platform. Such license shall be limited to the Term of this Agreement. During the Term of the Agreement, KFPL may include Creator in any of KFPL’s customer lists and testimonials, solely for the purpose of identifying Creator as a customer of KFPL. Creator and KFPL acknowledge that the provisions of this clause do not convey any right, title or ownership interest in Creator’s marks to KFPL
The prices, terms and conditions and/ or any other matters provided on the Platform, and any modifications/ revisions carried out by KFPL, including any notices served by KFPL to the Creator, shall be deemed to be included in the terms of this Agreement.
The Creator further confirms that the Creator’s continued use of the Platform after publication of the notice conveying modification of any terms of this Agreement and/ or the Platform, shall conclusively be the deemed acceptance by the Creator of all such modifications.
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License fee:
In consideration of the license granted to the Creator under this Agreement, the Creator shall pay KFPL a Platform license fee as determined in accordance with Schedule – A.
All payments to be made hereunder shall be deemed exclusive of any taxes or duties/ levies which are chargeable thereon.
Non-payment of the License Fee by the Creator within 15 (fifteen) days of the due date as per invoice raised by KFPL shall render automatic suspension of the license granted under this Agreement.
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Warranties:
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Creator represents and warrants and represents to KFPL that Creator:
is free to enter into this Agreement and fully perform their respective obligations hereunder;
is under no obligation to any third party which will restrain or in any way affect the performance of their respective obligations hereunder;
is fully conscious and aware of all the terms and conditions of this Agreement and agree and confirm irrevocably that the same has been entered into without any pressure or coercion whatsoever and is a mutually agreed Agreement in its entirety;
is not enter into any arrangement which will prevent/restrict Creator from performing the terms and conditions of this Agreement; and
shall ensure full compliance with all the Applicable Laws.
Creator further represents and confirms that the Creator and/or any of its office(s), agent(s), or any other person(s) acting for or on behalf of the Creator are free and have full right and authority to enter into and perform this Agreement on behalf of the Creator. The Creator further agrees and confirms that all the details provided by the Creator are true and correct and the Creator shall keep KFPL duly informed in writing, of any revisions in any details of the Creator.
Creator further represents that Creator will not exploit any rights and/ or the Platform in excess/ contravention of the license granted to the Creator in accordance with this Agreement.
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Information Security:
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input in addition to maintaining security of your information as required under applicable laws.
We maintain electronic, and procedural safeguards in connection with the collection, storage, and disclosure of Personal Information (including sensitive personal information). Our security procedures mean that we may occasionally request proof of identity before we disclose Personal Information to you that belongs to you. However, no form or method of data storage or transmission system is fully secure, and we cannot guarantee that security provided by such system(s) is absolute and that your information will not be accessed, disclosed, or destroyed in the event of a breach of any of our security measures.
It is important for you to protect your account against unauthorized access to or use of your password and to your computer and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you must immediately change your password or inform us, so that we are able to help you stop or prevent such unauthorized access. Be sure to sign off when you finish using a shared computer.
We try and ensure that the third parties who provide services to us under appropriate contracts take appropriate security measures to protect Personal Information in line with our policies.
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Intellectual property rights:
It is expressly agreed and clarified that, except as specifically agreed in this Agreement, each Party shall retain all right, title and interest in their respective trademarks, logos, trade names, identifying slogans or similar intellectual property and that nothing contained in this Agreement, nor the use of the trademarks, logos, trade names, identifying slogans or similar intellectual property on the publicity, advertising, promotional or other material in relation to the Platform shall be construed as giving to any Party any right, title or interest of any nature whatsoever to any of the other Party’s trademarks, logos, trade names, identifying slogans or similar intellectual property. Creator authorizes KFPL to use free of cost its name, logo and/or trademark without notice to or consent by such Creator in connection with certain promotional materials that KFPL may disseminate to public.
Creator unconditionally agrees and acknowledges that KFPL owns any/ all copyrights, design, trademarks and patents arising from the Platform or the works comprised in the Platform. Such Intellectual Property Rights shall solely belong to KFPL and the Creator shall not be entitled to use and/or claim any right, title and/or interest in respect thereof. This clause doesn’t cover the materials / content posted / hosted using the Knorish’s platform.
In case of Knorish Platinum partners, ownership of jointly developed intellectual property shall be dealt with in accordance with Schedule A – Platinum Partner Agreement.
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Indemnification:
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The Creator agrees to indemnify, defend and hold harmless KFPL (and its officers, directors, employees, agents and affiliates) against, any claim, loss, damage, settlement, cost, taxes, expense or other liability (including, without limitation all legal attorney’s fees) (each, a “Claim”) arising from or related to:
The Creator’s actual or alleged breach of any obligations in this Agreement;
The Creator’s courses not being original and/ or plagiarizing any other content or in any manner being defamatory, obscene, libelous, blasphemous, inaccurate, infringing or violating any right including but not limited to copyright, moral right or privacy right or publicity or any other rights whatsoever, of any person, whether living or dead;
Any actual or alleged infringement of any Intellectual Property Rights by the Creator and/ or any third party associated/ affiliated with the Creator, and any personal injury, death or property damage related thereto.
The Creator will use counsel satisfactory to KFPL to defend each indemnified Claim. If at any time KFPL determines in its sole discretion that any indemnified Claim might adversely affect KFPL, KFPL may take exclusive control of the defence at KFPL’s expense. The Creator may not consent to the entry of any judgment or enter into any settlement of a Claim without KFPL’s prior written consent.
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Disclaimer:
The Platform and information available or provided in connection with the Platform are provided to the Creator on an ‘as is’ basis. Creator agrees and confirms that access to the Platform is provided to the Creator at their own risk. KFPL and its affiliates waive and disclaim: (a) any representations, warranties, declarations or guarantees regarding this Agreement, or the transactions contemplated hereby, including any implied warranties, declarations or guarantees of merchantability, fitness for a particular purpose or non-infringement; (b) implied warranties arising out of course of dealing, course of performance or usage of trade; and (c) any obligation, liability, right, claim or remedy in tort, whether or not arising from KFPL’s negligence.
KFPL does not warrant that the Platform will meet the Creator’s requirements or be available at all times, secure, uninterrupted or error free, and KFPL will not be liable for any service interruptions, including, but not limited to system failures or other interruptions that may affect the access or use of the Platform by the Creator. In jurisdictions where laws do not allow exclusion of an implied warranty, KFPL and its affiliates disclaim to the maximum extent permitted under applicable law all warranties of any kind, whether express, implied or statutory, including without limitation warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, non- infringement or quiet enjoyment.
Any actual or alleged infringement of any Intellectual Property Rights by the Creator and/ or any third party associated/ affiliated with the Creator, and any personal injury, death or property damage related thereto.
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Limitation of liability:
KFPL will not be liable (whether in contract, warranty, tort including negligence, product liability, any type of civil responsibility or other theory, or otherwise) to the Creator or any other Person for cost of cover, recovery or recoupment of any investment made by the Creator or its affiliates in connection with this Agreement, or for any loss of profit, revenue, business, or data or punitive or consequential damages arising out of or relating to this Agreement, even if KFPL has been advised of the possibility of such costs or damages. Further, except in case of gross negligence or willful misconduct, KFPL’s aggregate liability arising out of or in connection with this Agreement will not exceed at any time the total amounts of the License Fee received by KFPL during the prior 3 (three) months period in connection with the license provided under this Agreement.
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Termination:
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KFPL shall be entitled to terminate the Agreement upon the occurrence of any of the following:
the non-performance or breach by the Creator of any of the terms, representations, warranties and obligations of the Creator and failure to remedy the same immediately onreceipt of a written notice from KFPL;
the continuation of an event or a combination of events of Force Majeure for more than 30 (thirty) days;
- Notwithstanding anything stated herein, KFPL shall be entitled to terminate this Agreement without giving any reasons by issuing prior written notice of 30 (thirty) days to the Creator.
However, the termination in clause 9.1 shall be without prejudice to the other remedies available to KFPL in law.
It is specifically agreed by the Creator that it shall have no right to terminate this Agreement based on any breach hereof or for any other reason, and the Creator’s sole and exclusive remedy with respect to any breach hereof by KFPL will be to seek monetary damages capped to the total License Fee paid by the Creator during the prior 3 (three) months period to KFPL in connection with the license provided under this Agreement.
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Effect / consequences of termination:
Upon the expiry/ termination of this Agreement, the following consequences shall follow:
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KFPL shall be entitled to terminate the Agreement upon the occurrence of any of the following:
KFPL shall be released from all further obligations under this Agreement;
Creator shall not be entitled to use and/ or access the Platform in any manner whatsoever;
The Creator shall return all materials and all other properties, documents, whatsoever which the Creator may have in its possession or under its control in relation to the Platform, immediately upon termination without any demur or protest;
Notwithstanding the termination of this Agreement, the provisions of this Agreement, the nature of which should reasonably require the survival thereof shall survive the termination of this Agreement.
However, the termination in clause 9.1 shall be without prejudice to the other remedies available to KFPL in law.
It is specifically agreed by the Creator that it shall have no right to terminate this Agreement based on any breach hereof or for any other reason, and the Creator’s sole and exclusive remedy with respect to any breach hereof by KFPL will be to seek monetary damages capped to the total License Fee paid by the Creator during the prior 3 (three) months period to KFPL in connection with the license provided under this Agreement.
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NOTICES:
All notices to be given will be in writing in English and will be sufficiently served if delivered personally or sent by registered post, email or fax to the address set out in the recitals to this Agreement or as the recipient may otherwise advise. Any notice will be received: (a) if delivered personally or by registered mail, upon receipt; or (b) if sent by email or fax, upon confirmation of successful transmission.
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CONFIDENTIALITY:
The Parties expressly acknowledge that all Confidential Information is to be treated by the Creator as confidential. During the Term of this Agreement or thereafter, the Creator shall not in any way make use of any Confidential Information to the disadvantage of KFPL or divulge any Confidential Information to anyone other than directors, officers and employees of the Creator or persons designated thereby on a “need to know” basis unless or until such Confidential Information has been publicly released by KFPL or becomes generally known to the public (including the trade) from other sources or is required to be disclosed by law.
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Data Protection and Privacy:
Both parties shall comply with all data privacy terms in the privacy policy hereto incorporated herein by reference
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Miscellaneous:
Assignment: KFPL, Creator and any subsequent assignee may freely assign this Agreement and grant its rights and/or obligations hereunder, in whole or in part to any third party.
Waiver: The failure of KFPL to enforce (or delay in enforcing) at any time for any period any one or more of the terms and conditions of this Agreement shall not be a waiver of such terms or conditions or of the right of KFPL at any time subsequently to enforce all terms and conditions of this Agreement.
Non-Solicitation: Throughout the Term of this Agreement and for a period of two (2) years thereafter, the Creator shall not, directly or indirectly, solicit or otherwise take away any employee or consultant of KFPL, or otherwise induce such employee or consultant to leave or change the employee’s or consultant’s position or relationship with KFPL, or to become an employee or consultant of, or otherwise become associated with the Creator or any company or business with which the Creator is or may become The provisions of this clause shall survive the expiration or termination of this Agreement.
Non Compete: During the pendency of this agreement Creator will not enter into competitive business to the detriment of KFPL.
Severability: If any provision of this Agreement shall be determined invalid, illegal or otherwise unenforceable then that provision shall be severed and deleted from this Agreement and the remaining provisions hereof shall survive and remain in full force and effect and continue to be binding and shall not be affected except insofar as is necessary to make sense of this Agreement.
Force Majeure: Except for payment obligations of the Creator, if either Party is prevented from performing or is unable to perform any of its obligations under this Agreement due to causes beyond the reasonable control of the Party invoking this provision, including but not limited to acts of God, acts of civil or military authorities, riots or civil disobedience, wars, strikes or labor disputes (other than those limited to the affected Party) (each, a “Force Majeure Event”), such Party’s performance shall be excused and the time for performance shall be extended accordingly provided that the affected Party immediately takes all reasonably necessary steps to resume full performance.
Modification to the Privacy Policy: Our business changes constantly and our Policy may change from time to time. We may email periodic reminders of our notices and conditions, unless you have instructed us not to, but we encourage you to check our Platform frequently to see the recent changes. Unless stated otherwise, our current Policy applies to all information that we have about you and your account.
Variation: This Agreement shall constitute the entire agreement between the Parties and supersede any prior oral or written agreements. Any variation or modification of this Agreement must be in writing and signed by both Parties.
Relationship of Parties: Nothing in this Agreement will create a partnership, association of persons, agency or joint venture between Creator and KFPL and neither Party may enter into any contract or obligation which purports to bind the other.
Governing Law: This Agreement shall be governed in all respects by the laws of the Republic of India as in effect in the city of Gurgaon, Haryana, India.
Dispute Resolution: Jurisdiction: If any dispute arises between the Parties during the subsistence of this Agreement or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the Parties hereto shall endeavor to settle such dispute amicably. In case of such failure, any of the Parties to the dispute shall be entitled to refer the dispute to a sole arbitrator. In case of disagreement as to the appointment of the sole arbitrator, the sole arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996. The Arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996 and the place of arbitration shall be at Gurgaon..
Counterparts: This Agreement may be signed in counterparts, each of which shall be an original, with the same effect as if the signatures thereto and hereto were upon the same instrument.