Effective Date:27th April 2020
Article 1 – Definitions
- “Account” means an account required to access and/or use certain areas of our website including our Platform;
- “Child User” means a User under the age of 13;
- “Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, our website, and that is provided by a Content Provider;
- “Content Provider” means those Users who create and share Content on the Platform;
- “Parent User” means anyone who is at least 18 years of age and is the parent or legal guardian of a child that seeks to register as a Child User of the Services;
- “Platform” means collectively the online facilities, tools, Services, and information that We provide through our website;
- “Public Materials” means any materials that our part of our Services or Platform that are openly accessible;
- “User” means a user of our Platform, which may also be an entity such as a school company, or organization;
- “User Content” means any Content submitted by a User. User Content includes, but is not limited to, homework, quizzes, exams, projects, other assignments you submit, posts you make in the forum and/or community, messages you send to other Users or to Content Providers, events, job vacancies you post, and the like;
- “We/Us/Our” means “Kenlighten”, the brand owned and operated by Mavenz Management and Technology Services Private Limited, a Limited company registered in India under the Companies Act, 1956, having company incorporation number U74140GA2004PTC003693.
Article 2 – General Terms and Conditions
- These Terms and Conditions form a legally binding Agreement between you and Kenlighten and govern the use of our Services.
- By registering your details on our website, or using any Services provided by Kenlighten, you agree to be bound by these Terms and Conditions. If you do not accept all the Terms and Conditions of service, you must not use or access our Platform.
- Kenlighten reserves the right to limit your activity on the website, or terminate your registration without notice for any reason, but in any case, following a breach of these Terms and Conditions.
- This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by Kenlighten via the Service, shall constitute the entire legal agreement between you and Kenlighten concerning the Service.
- In the event that one or more of the provisions in these Terms and Conditions are found to be void, either in whole or in part, the remaining provisions will remain in force. Kenlighten will formulate new provisions to replace the voided provisions, during which the scope of the original provisions will be considered carefully.
Article 3 – Accounts and Users
- Kenlighten provides a Platform where Users can access educational Content online. Some Content might be restricted depending on the type of User. Regular Users (those aged 13 and above) have open access to all Content on our Platform, whereas Child Users (those aged 13 and below) have restricted access on our Platform.
- Our Platform is not available to:
a. Any Users previously suspended or removed from the website by Kenlighten;b. Any persons under the age of 13 whose registration has not been pre-approved by a legal parent or guardian (or, for school accounts, by school personnel as permitted under the terms.
- If you are a Child User, you may not create or register an Account for the Services without consent and approval from your legal parent or guardian, or from your school as provided in Article X. Except for Accounts created for School Use, a Child User that begins the registration process for himself or herself without a Parent User, may have the registration process restricted until a parent approves or assumes responsibility for the Child User Account. A Child User will only be permitted to use the Services for so long as Kenlighten reasonably believes that such access has been consented to by the Child User’s parent of legal guardian, or by School Consent (see Section 5.3).
- If you are under the age of 18, you hereby represent that your parent or legal guardian has reviewed and agreed to the Terms and Conditions on your behalf.
- Kenlighten may choose, but is not obliged, to make any inquiries, either directly or through third parties, that are necessary to validate your registration information, including without limitation engaging third parties to provide verification services. Kenlighten reserves the right to engage in legal action against anyone who misrepresents personal information or otherwise presents untruthful information about their identity.
- Notwithstanding Section 3.6, you hereby agree and acknowledge that Kenlighten cannot guarantee you the accuracy of any information submitted by any of our Users, neither is Kenlighten obliged to verify the identity of any of our Users, including any User’s claim to be a Parent User.
- When you create your User or Parent Account, and subsequently when you use certain features of our Services, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.
- You are fully responsible for your Account and for everything that takes place on your Account, including for any damage (to us or anyone else) caused by your account being used by someone without your permission. If you suspect any unauthorized or fraudulent use of your Account, you must immediately notify us.
Article 4 – User Terms
- Subject to these Terms and Conditions, Kenlighten hereby grants the User a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. This license is subject to the clauses on termination of the Agreement in Article 12.
- Kenlighten reserves the right to, in its sole discretion, cancel, interrupt, reschedule, or modify any of the Content, without giving reason or notice.
- The Services enable you to share User Content with Kenlighten, Content Providers, and/or other Users. You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include Content placed on the platform by Content Providers.
- To the extent that you provide User Content, you hereby grant Kenlighten a transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, publicly display, and otherwise use the User Content. We reserve the right to remove or modify User Content for any reason, including for a breach of these Terms and Conditions.
- Kenlighten may permit Users to share their User Content with a specifically selected group of other Users, or to make it public for all Users. Notwithstanding the aforementioned, you acknowledge and agree that Kenlighten does not guarantee that such User Content will never be accessed by other Users. In the event of such unauthorized access, Kenlighten will notify you. Kenlighten disclaims any and all liability with respect to this unauthorized access.
- Kenlighten does not endorse any User Content or any underlying expression therein. Further, you understand and acknowledge that User Content may be inaccurate, offensive, or objectionable, and you hereby agree to waive any rights you have against Kenlighten with respect thereto.
- All Users hereby agree not to:
a. Use our website and/or Platform in such a way as to offend or interfere with the use by any other User;b. Sell or trade any items or products through our website and/or Platform, other than the those that the Platform is meant for;c. Upload, submit, publish, transmit or otherwise communicate any User Content on our website and/or Platform thati. is defamatory, libellous, or inaccurate;ii. is abusive or threatening towards others;iii. is offensive, hateful, obscene, or pornographic;iv. infringes the intellectual property rights of any third party;v. violates the law or regulation of your jurisdiction, or these Terms and Conditions;vi. advocates illegal activity;vii.advertises or otherwise solicits funds; orviii. is treated as confidential.d. Attempt to circumvent our security systems;e. Transfer, by any means possible, the license granted to you for the use of our Services;f. Infringe in any way on any intellectual property rights from Kenlighten or third parties;g. Use the Services in a manner harmful to minors;h. Use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;i. Attempt to gain access to other Users’ Accounts;j. Impersonate any person or entity or falsely claim an affiliation with any person or entity;k. Use our website and/or Platform for any other purpose than intended by Kenlighten;l. Upload or submit (User) Content that contains viruses, or any other computer code, corrupt files, or programmes designed to interrupt, destroy, or limit the functionality, or to disrupt any software, hardware, or other equipment;m. Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Services and/or Platform or any party thereof;
Article 5 – Schools
- The Services include features that permit Users that are registered as teachers or those in a similar profession (School Personnel) to work with Child Users and other Users through the Services, in order to provide them with educational services, and to review and monitor educational progress of these Child Users or Users. This Section applies only to those Users who use the Services as part of a school (the Institution).
- If you are School Personnel and you register an Account for a Child User, you hereby represent and warrant that you have received express consent from the Child User’s parent(s) or legal guardian (School Consent).
- School Personnel are solely responsible for obtaining School Consent from parents or legal guardians in connection with the Services, use of the website, and disclosure of personally identifiable information to Kenlighten in connection therewith.
Article 6 – Companies and Organizations
- If you make use of any Content through your company or organization, then you can use this Content for as long as your company’s contract with Kenlighten is active and your access has therefore not yet expired.
- After your use of the Platform through your company or organization has expired, all your access to any Content or User Content that was previously available to you will become unavailable and restricted.
- All in these Terms and Conditions that is applicable to Users, is also applicable to those persons who use the Platform through their company or organization, except for where indicated in the contract between Kenlighten and the company or organization.
Article 7 – Terms of Payment
- Kenlighten will reasonably attempt to ensure that all descriptions of the Services offered on the Platform correspond to the actual Services that will be provided to you. However, there may be minor variations in the descriptions due to developments, bug fixes, and new features.
- Our Platform offers Content free of charge as well as paid Content. Prices on the Platform are set by the Content Providers who uploading their Content to the Platform. Prices are subject to change.
- When you purchase a course, you agree to use a valid or authorized payment method. If your payment fails but you nevertheless acquire access to the course for which you have registered, you agree to pay us your indebtedness within ten (10) days of our notification. We reserve the right to deny you access to a course for which we have not been adequately paid.
- We make a reasonable effort to ensure that all prices on our website are correct. Kenlighten does not set the prices itself, yet in the event that a course or any other Content is listed at an incorrect price, Kenlighten has the right to refuse or cancel orders placed for the product or service listed at the incorrect price, regardless of whether the order has been confirmed and payment has been made. If this payment has already been made, Kenlighten shall promptly issue a restitution in the amount of the incorrect price. The User shall refund Kenlighten for the losses and required expenses which are incurred by Kenlighten due to absent or belated payment by the User or other disruptions to the payment by the User within ten (10) days, unless the User has no fault in these instances.
- Kenlighten cannot be held to its offers when the User can reasonably understand that the offer, in whole or in part, contains a mistake or error.
- If the Content you purchased is not what you expected, you can request a refund of your account within fourteen (14) days of purchasing the Content. No refund is due to you if you submit the request for the refund after the 14-day guarantee period has expired. Any costs that Kenlighten incurs due to the administration of a refund will be deducted from the full refund amount. If we suspect that you are abusing our refund policy, we reserve the right in our sole discretion to block your Account and limit all your future use of the Services. If we block your Account or deny you access to the Content due to your violation of these Terms and Conditions, you will not be eligible to receive a refund.
- This section applies only to educational Institutions which use our Services as per Article 5 and 6 (schools, companies & organizations).
- Unless agreed otherwise with the Institution, licence fees are payable annually or quarterly in advance. The exact terms of payments will be laid down between Kenlighten and the Institution, company, or organization individually.
- All renewals must be paid for prior to the renewal of your subscription.
- Failure to pay on time may result in late payment charges.
- Kenlighten reserves the right to charge an administration fee for any late payment notices which are sent to the Institution.
- All fees charged to the Institution, company, or organization shall be subject to any applicable taxes at the appropriate rate.
Article 8 – Content Provider Terms
- When you register to become a Content Provider on our Platform, you agree to the additional terms in this Section (Terms for Content Providers). These Terms for Content Providers cover all aspects of the Platform that are relevant to Content Providers and are incorporated by reference in our general Terms and Conditions. If the Content Provider has entered into a separate agreement with Kenlighten (the Content Provider Agreement), this Content Provider Agreement will prevail.
- The Content Provider is solely responsible for all Content that you upload. Any Content you submit to the Platform is not allowed to infringe or abuse the intellectual property rights of third parties. You also represent and warrant that the Content you post will not be inappropriate, abusive, racist, hateful, sexist, pornographic, false, misleading, inaccurate, infringing, libellous, or defamatory content or information, nor will your Content transfer any unsolicited or unauthorized advertising, promotional material, or any other forms of incitement. The Content Provider’s use of the Platform and its uploaded Content is subject to the same terms as Content uploaded by users as set out under Article 4.7.
- You hereby represent and warrant to: have the necessary licenses, rights, permissions, and authority to authorize Kenlighten to use the Content you upload to our Platform as described in these Terms and Conditions; have the required qualifications, references and expertise to teach and to provide educational Content on the website and through our Services.
- If a User purchases your course, we calculate the gross amount of the transaction as the amount that Kenlighten actually receives from the student ("Gross Amount"). From this amount we deduct any applicable taxes and a surcharge as may be applicable based on your Account for administration to determine the net amount of the transaction ("Net Amount").
- Depending on the applicable revenue share percentage, the account balance will be dispersed within 45 days of the end of the month in which we receive the amount for a course.
- You are aware and agree that Users have the right to receive a refund as set out in these Terms and Conditions. Content Providers do not receive income for transactions for which a refund has been granted under these Terms and Conditions.
- You can remove your Content Provider Account whenever you want, provided that you have given Kenlighten 30 days’ notice in writing. We make all commercially reasonable efforts to make any planned payments to which you are still entitled before your Account is deleted. You agree that any Content you have uploaded to the website will remain accessible to those who already purchased it before your Account was deleted.
Article 9 – Force Majeure, Suspension, and Dissolution
- In the event of force majeure, there is no shortcoming attributable to Kenlighten. Force majeure in these terms and conditions is understood to mean any circumstance independent of the will of Kenlighten - even if it was foreseeable at the time the Agreement was concluded - which permanently or temporarily prevents fulfilment of the Agreement, and - to the extent not already therein included – war; danger of war; civil war; natural occurrences such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, and floods; riot; strike; transport difficulties; computer malfunctions; power outages; a pandemic, epidemic or any other threat to public health; staff illness; and all external causes, foreseen or not foreseen, on which Kenlighten does not have any influence.
- Failing in the fulfilment of the Agreement by Kenlighten in the event of force majeure is regarded as a circumstance not attributable to Kenlighten and therefore does not entitle the User to any refund, compensation or to the termination of the Agreement.
- In the event of an impediment to the execution of the Agreement as a result of force majeure, Kenlighten is entitled (without observing a period) to suspend, without judicial intervention, either the implementation of the Agreement or to dissolve the Agreement in whole or in part.
- If the period of force majeure has lasted longer than 60 consecutive days, the User has the right to suspend the Agreement, without Kenlighten being obliged to pay any refund or compensation for the damage that the User suffers or has suffered as a result of that suspension.
Article 10 – Intellectual Property
- Unless otherwise agreed upon in writing, Kenlighten retains all rights and powers that accrue to it with regard to the intellectual property in the works produced by it. The ownership of the products and Services supplied by Kenlighten such as video productions, provided ideas, images, concepts, source code, database designs, scripts, illustrations or (test) designs etc. therefore remains wholly owned by Kenlighten. The aforementioned elements that form part of the works produced by Kenlighten may not be multiplied, reproduced or modified without written permission from us.
- The User receives a license from Kenlighten for the use of copyrighted works that Kenlighten or third parties created in the execution of its Services. This license only applies as long as the User meets its financial obligations and the license terminates when the Agreement does. The license only applies to the use of the work in question by the User himself, or by his legal successors, not any third party.
- The User is prohibited from reproducing, duplicating, copying, selling, reselling, or exploiting any portion of the Services and/or products, or access to the Services on the website through which the Services are provided, without express written permission by us.
- In general, Users and Content Providers are prohibited from using our trademarks, logos, slogans, and service marks for any purpose. Users are equally prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works, or using any content available on or through our website, whether or not this constitutes copyright infringement.
- It is our policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (DMCA). Notices must meet the statutory requirements imposed by the DMCA and can be sent via mail to 407, Kamat Towers, EDC Complex, Patto-Plaza, Patto, Panaji, Goa 403 001 India, or via email to firstname.lastname@example.org. We will terminate without notice your access to our Services if you are determined by us to be a repeat infringer. A repeat infringer is a User who has been notified by us of infringing violations more than twice and/or who has had (User) Content removed from the Services more than twice.
Article 11 – Liability
- Kenlighten is not liable for possible damage caused by its, the Content Provider’s or the User’s performance of the Agreement, both by itself and by third parties, except in the case of intent or deliberate recklessness on the part of Kenlighten, provided that it has been demonstrated by the User.
- The liability of Kenlighten is at all times limited to the maximum value of a purchase.
- To the maximum extent permitted by law, Kenlighten shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your access to or use of our Services; (b) any conduct or Content of any party other than Kenlighten itself; or (c) unauthorized access, use, or alteration of your Content or information.
- The User indemnifies Kenlighten against all claims from third parties for compensation of damage, including reasonable attorneys’ fees and costs. If Kenlighten is held liable by a third party in relation to this Agreement, the User is obliged to pay Kenlighten all costs related to this, and the User is obliged to take responsibility for the liability directly (inter alia) by notifying the third party that Kenlighten is not liable, but that the User is. If the User fails to do so, this automatically creates a right to claim from Kenlighten against the User for the amount for which Kenlighten is held liable.
- Institutions, companies, and organizations indemnify us against all damages, costs, claims, and expenses suffered by us arising from any loss or damage to any equipment, including that belonging to third parties, caused by you, the Child Users at your Institution, your employees, representatives and/or agents.
- Every claim for compensation on Kenlighten is barred by the lapse of one year after the start of the day following that on which the User became aware of the damage.
- The User is liable for all damage that Kenlighten may suffer as a result of a failure attributable to the User in the fulfilment of the obligations arising from the Terms and Conditions.
Article 12 – Confidentiality
- The User and Kenlighten are obliged to maintain the confidentiality of all information that they have received from each other or from another source in the context of the Agreement. Confidential information means in any case that to which this Article relates, as well as any company data.
- The confidentiality obligation mentioned in the first paragraph of this article does not apply to information:
a. that at the time the recipient received this information was already public or subsequently became public without a breach by the receiving party of a duty of confidentiality imposed on him;b. of which the receiving party can prove that this information was already in his possession at the time the other party provided it;c. that the receiving party has received from a third party whereby that third party was entitled to provide this information to the receiving party;d. that is made public by the receiving party as a result of a legal obligation.
- The obligation of confidentiality described in this article applies for the duration of this Agreement and will continue to exist after the termination, dissolution or completion of the Agreement.
Article 13 – Termination and Duration of Agreement
- This Agreement shall remain in full force for as long as you use the Services, until your Account is terminated.
- Only Kenlighten is authorized to terminate the Agreement prematurely without giving reasons, not the User.
- Kenlighten is furthermore entitled to cancel the Agreement with the User (without stating the reason and/or observing a cancellation period) if: (i) the bankruptcy of the User is pronounced; (ii) the User applies for its own bankruptcy or suspension of payment; (iii) a substantial part of the User’s assets is seized; (iv) the User violates applicable laws or regulations, including (but not limited to) legislation relating to: criminal liability, fraud, misappropriation, (bankruptcy) fraud, bribery or corruption; (v) the User acts unlawfully towards Kenlighten. In the event of (fear of) one of the aforementioned situations, the User must inform Kenlighten in a timely manner.
- The User is only permitted to terminate the Agreement after Kenlighten has demonstrably been held responsible for an attributable shortcoming on the part of Kenlighten and Kenlighten has failed to rectify this shortcoming after notice of default. This authority to dissolve does not affect the User’s obligation to payment for the Services already performed by Kenlighten.
- If, for whatever reason, the Services are terminated prematurely, the User is not permitted to use the Services made available to him and any license granted to the User within the framework of the Agreement will lapse.
Article 14 – Applicable Law
- Only Indian law applies to the legal relationship between Kenlighten and its Users.
- The High Court of Goa, India is competent (in the first instance) to take cognizance of any dispute between Kenlighten and the User, unless the law prescribes otherwise.