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
The domain name konfidence.in (hereinafter
referred to as "Website") is owned by a partnership firm Konfidence
based in Kochi with office at 33/740-C, Link Retreat, Vennala PO, Kochi, Kerala
(hereinafter referred to as "Konfidence"). The website Konfidence.in
provides support to the users of self learning tools for aptitude test
preparation – Konfidence Walk, Konfidence Cruise and Konfidence Fly. The
website shall also take orders and provide payment gateway for customers who
wish to purchase the products and services offered by Konfidence.
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. 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, you shall be contracting with
Konfidence, these terms and conditions constitute Your binding obligations,
wherever the context so requires 'You' or "User" shall mean any
natural or legal person who has agreed to become a member of the Website by
providing Registration Data while registering on the Website as Registered User
using the computer systems or who is a buyer on the Website. Konfidence.in
allows User to surf the Website or make purchases without registering on the
Website. The term "we","us", "our" shall mean Konfidence.
When You use any of the services provided
by us through the Website, You will be subject to the rules, guidelines,
policies, terms, and conditions applicable to such service, and they shall be
for changes. Your continued use of the Website following the posting of changes
will mean that You accept and agree to the changes. As long as You comply with
limited privilege to enter and use the Website.
Accessing, browsing or otherwise using the
site indicates your agreement to all the terms and conditions in this
agreement, so please read this agreement carefully before proceeding
Use of the Website
You agree, undertake and confirm that your use of
Website shall be strictly governed by the following binding principles:
1. You SHALL NOT host, display, upload,
modify, publish, transmit, update or share any information which:
A) belongs to another person and to which You does not have any right to.
B) is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, invasive of another's privacy, hateful,
or racially, ethnically objectionable, disparaging, relating or encouraging
money laundering or gambling, or otherwise unlawful in any manner whatever; or
unlawfully threatening or unlawfully harassing including but not limited to
"indecent representation of women" within the meaning of the Indecent
Representation of Women (Prohibition) Act, 1986;
C) is misleading in any way.
D) is patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, paedophilia, racism, bigotry,
hatred or physical harm of any kind against any group or individual;
E) harasses or advocates harassment of another person;
F) involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing or "spamming";
G) promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libellous;
H) infringes upon or violates any third party's rights [including, but not
limited to, intellectual property rights, rights of privacy (including without
limitation unauthorized disclosure of a person's name, email address, physical
address or phone number) or rights of publicity];
I) promotes an illegal or unauthorized copy of another person's copyrighted
work, such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or
providing pirated music or links to pirated music files;
J) contains restricted or password-only access pages, or hidden pages or
images (those not linked to or from another accessible page);
K) provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or solicits personal information from anyone;
L) provides instructional information about illegal activities such as making
or buying illegal weapons, violating someone's privacy, or providing or
creating computer viruses;
M) contains video, photographs, or images of another person (with a minor or
N) tries to gain unauthorized access or exceeds the scope of authorized
access to the Website or to profiles, blogs, communities, account information,
bulletins, friend request, or other areas of the Website or solicits passwords
or personal identifying information for commercial or unlawful purposes from
O) engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising and pyramid schemes,
or the buying or selling of "virtual" items related to the Website.
communication coming from Konfidence's legal department, specifically in
response to your request, and specifically addressing the activity or conduct
for which you seek authorization;
P) solicits gambling or engages in any gambling activity which We, in Our sole
discretion, believes is or could be construed as being illegal;
Q) interferes with another user's use and enjoyment of the Website or any
other individual's user and enjoyment of similar services;
R) refers to any website or URL that, in Our sole discretion, contains material
that is inappropriate for the Website or any other website, contains content
that would be prohibited or violates the letter or spirit of these Terms of
S) harm minors in any way;
T) infringes any patent, trademark, copyright or other proprietary rights or
third party's trade secrets or rights of publicity or privacy or shall not be
fraudulent or involve the sale of counterfeit or stolen items;
U) violates any law for the time being in force;
V) deceives or misleads the addressee/ users about the origin of such messages
or communicates any information which is grossly offensive or menacing in
W) impersonate another person;
X) contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter
eggs or other computer programming routines that may damage, detrimentally
interfere with, diminish value of, surreptitiously intercept or expropriate any
system, data or personal information;
Y) threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with foreign states, or public order or causes incitement to
the commission of any cognizable offence or prevents investigation of any
offence or is insulting any other nation.
Z) shall be false, inaccurate or misleading
AA) shall directly or indirectly,
offer, attempt to offer, trade or attempt to trade in any item, the dealing of
which is prohibited or restricted in any manner under the provisions of any
applicable law, rule, regulation or guideline for the time being in force.
AB) shall create liability for us or
cause us to lose (in whole or in part) the services of our ISPs or other
2. You shall not use any
"deep-link", "page-scrape", "robot",
"spider" or other automatic device, program, algorithm or
methodology, or any similar or equivalent manual process, to access, acquire,
copy or monitor any portion of the Website or any Content, or in any way
reproduce or circumvent the navigational structure or presentation of the
Website or any Content, to obtain or attempt to obtain any materials, documents
or information through any means not purposely made available through the
Website. We reserve our right to bar any such activity.
3. You shall not attempt to gain
unauthorized access to any portion or feature of the Website, or any other
systems or networks connected to the Website or to any server, computer,
network, or to any of the services offered on or through the Website, by
hacking, password "mining" or any other illegitimate means.
4. You shall not probe, scan or test the
vulnerability of the Website or any network connected to the Website nor breach
the security or authentication measures on the Website or any network connected
to the Website. You may not reverse look-up, trace or seek to trace any
information on any other user of or visitor to Website, or any other customer,
including any account on the Website not owned by You, to its source, or
exploit the Website or any service or information made available or offered by
or through the Website, in any way where the purpose is to reveal any
information, including but not limited to personal identification or
information, other than your own information, as provided for by the Website.
5. You shall not make any negative,
denigrating or defamatory statement(s) or comment(s) about us or the brand
name or domain name used by us including the terms Konfidence.in or Konfidence
or otherwise engage in any conduct or action that might tarnish the image or
reputation, of Konfidence, or its suppliers or otherwise tarnish or dilute any
Konfidence's trade or service marks, trade name and/or goodwill associated
with such trade or service marks, trade name as may be owned or used by us
including that duly licensed from Konfidence. You agree that You will not take
any action that imposes an unreasonable or disproportionately large load on the
infrastructure of the Website or Konfidence.in's systems or networks, or any
systems or networks connected to Konfidence.in.
6. You agree not to use any device,
software or routine to interfere or attempt to interfere with the proper
working of the Website or any transaction being conducted on the Website, or
with any other person's use of the Website.
7. You may not forge headers or otherwise
manipulate identifiers in order to disguise the origin of any message or
transmittal You send to us on or through the Website or any service offered on
or through the Website. You may not pretend that You are, or that You
represent, someone else, or impersonate any other individual or entity.
8. You may not use the Website or any
or to solicit the performance of any illegal activity or other activity which
infringes the rights of Konfidence and / or others.
9. You understand that we have the right at
all times to disclose any information (including the identity of the persons
providing information or materials on the Website) as necessary to satisfy any
law, regulation or valid governmental request. This may include, without
limitation, disclosure of the information in connection with investigation of
alleged illegal activity or solicitation of illegal activity or in response to
a lawful court order or subpoena. In addition, we can (and You hereby expressly
authorize us to) disclose any information about You to law enforcement or other
government officials, as we, in our sole discretion, believe necessary or appropriate
in connection with the investigation and/or resolution of possible crimes,
especially those that may involve personal injury.
10. We reserve the right, but has no
obligation, to monitor the materials posted on the Website. Konfidence.in shall
have the right to remove or edit any content that in its sole discretion
violates, or is alleged to violate, any applicable law or either the spirit or
responsible for the content of the materials you post on the website and in
your private messages. Please be advised that such Content posted does not
necessarily reflect our or Konfidence.in’s views. In no event shall we or
Konfidence.in assume or have any responsibility or liability for any Content
posted or for any claims, damages or losses resulting from use of Content
and/or appearance of Content on the Website. You hereby represent and warrant
that You have all necessary rights in and to all Content which You provide and
all information it contains and that such Content shall not infringe any
proprietary or other rights of third parties or contain any libellous,
tortious, or otherwise unlawful information.
11. Your correspondence or business
dealings with, or participation in promotions of, advertisers found on or
through the Website, including payment and delivery of related goods or
services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between You and such advertiser. We
shall not be responsible or liable for any loss or damage of any sort incurred
as the result of any such dealings or as the result of the presence of such
advertisers on the Website.
12. It is possible that other users
(including unauthorized users or "hackers") may post or transmit
offensive or obscene materials on the Website and that You may be involuntarily
exposed to such offensive and obscene materials. It also is possible for others
to obtain personal information about You due to your use of the Website, and
that the recipient may use such information to harass or injure You. We does
not approve of such unauthorized uses, but by using the Website You acknowledge
and agree that we are not responsible for the use of any personal information
that You publicly disclose or share with others on the Website. Please
carefully select the type of information that You publicly disclose or share
with others on the Website.
13. Konfidence shall have all the rights to
take necessary action and claim damages that may occur due to your
involvement/participation in any way on your own or through group/s of People,
intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Use of the Website is available only to persons who
can form legally binding contracts under Indian Contract Act, 1872. Persons who
are "incompetent to contract" within the meaning of the Indian
Contract Act, 1872 including minors, un-discharged insolvents etc. are not
eligible to use the Website. If you are a minor i.e. under the age of 18 years,
you shall not order the products through Konfidence.in. As a minor if you wish
to transact on the Website, such use or transaction may be made by your legal
guardian or parents who have registered as users of the Website.
Your Account and Registration
If You use the Website, You shall be responsible
for maintaining the confidentiality of your User ID and Password and You shall
be responsible for all activities that occur under your User ID and Password. You
agree that if You provide any information that is untrue, inaccurate, not
current or incomplete or We have reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, or not in
suspend or terminate or block access of your membership on the Website and
refuse to provide You with access to the Website.
Membership on the Website is free. There is no
charge or fee for browsing and buying products on the Website.
Contents Posted on Site
All text, graphics, user interfaces, visual
interfaces, photographs, trademarks, logos, sounds, music, artwork and computer
code (collectively, "Content"), including but not limited to the
design, structure, selection, coordination, expression, "look and
feel" and arrangement of such Content, contained on the Website is owned
and controlled or licensed by us, and is protected by trade dress, copyright,
patent and trademark laws, and various other intellectual property rights and
unfair competition laws.
no Content may be copied, reproduced, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted or distributed in any way
(including "mirroring") to any other computer, server, website or
other medium for publication or distribution or for any commercial enterprise,
without our express prior written consent.
You may use information on the products and services purposely made available
on the Website for downloading, provided that You
(1) do not remove any proprietary notice language in all copies of such
(2) use such information only for your personal, non-commercial informational
purpose and do not copy or post such information on any networked computer or
broadcast it in any media,
(3) make no modifications to any such information, and
(4) do not make any additional representations or warranties relating to such
You shall be responsible for any notes, messages, e-mails, billboard postings,
photos, drawings, profiles, opinions, ideas, images, videos, audio files or
other materials or information posted or transmitted to the Website
(collectively, " Content"). Such Content will become our property and
You grant us the worldwide, perpetual and transferable rights in such Content.
accordance with applicable law, use the Content or any of its elements for any
type of use forever, including but not limited to promotional and advertising
purposes and in any media whether now known or hereafter devised, including the
creation of derivative works that may include the Content You provide. You
agree that any Content You post may be used by us, consistent with our Privacy
Policy and Rules of Conduct on Site as mentioned herein, and You are not
entitled to any payment or other compensation for such use.
Konfidence.in does not take responsibility or liability
for the actions, products, content and services on the Website, which are
linked to Affiliates and / or third party websites using Website's APIs or
otherwise. In addition, Website may provide links to the third party websites
of our affiliated companies and certain other businesses for which,
Konfidence.in assumes no responsibility for examining or evaluating the
products and services offered by them. Konfidence.in does not warrant the
offerings of, any of these businesses or individuals or the content of such
third party website(s). Konfidence.in does not endorse, in any way, any third
party website(s) or content thereof.
We welcome links to the Website. You may establish
a hypertext link to the Website, provided that the link does not state or imply
any sponsorship or endorsement of Your site by Konfidence.in. You must not use
on your site or in any other manner any trademarks, service marks or any other
materials appearing on the Website, including any logos or characters, without
our express written consent and the owner of the mark or materials. You must
not frame or otherwise incorporate into another third party website or present
in conjunction with or juxtaposed against such a website any of the content or
other materials on the Website without our prior written consent.
We view protection of Your privacy as a very
important principle. We understand clearly that You and Your Personal
Information is one of our most important assets. We store and process Your
Information including any sensitive financial information collected (as defined
under the Information Technology Act, 2000), if any, on computers that may be
protected by physical as well as reasonable technological security measures and
procedures in accordance with Information Technology Act 2000 and Rules there
If You object to Your Information being transferred or used in this way please
do not use Website.
When You use the Website or send emails or other
data, information or communication to us, You agree and understand that You are
communicating with us through electronic records and You consent to receive
communications via electronic records from Us periodically and as and when
required. We may communicate with You by email or by such other mode of
communication, electronic or otherwise.
Disclaimer of Warranties and Liability
This Website, all the materials and products
(including but not limited to software) and services, included on or otherwise
made available to You through this site are provided on "as is" and
"as available" basis without any representation or warranties,
express or implied except otherwise specified in writing.
Without prejudice to the forgoing paragraph, we do not warrant that:
This Website will be constantly available, or available at all; or
The information on this Website is complete, true, accurate or non-misleading.
We will not be liable to You in any way or in relation to the Contents of, or
use of, or otherwise in connection with, the Website.
We do not warrant that this site; information, Content, materials, product
(including software) or services included on or otherwise made available to You
through the Website; their servers; or electronic communication sent from us
are free of viruses or other harmful components.
Nothing on Website constitutes, or is meant to constitute, advice of any kind.
All the Products sold on Website are governed by different state laws and if
we are unable to deliver such Products due to implications of different laws,
we will return or will give credit for the amount (if any) received in advance
by us from the sale of such Product that could not be delivered to You.
You will be required to enter a valid phone number while placing an order on
the Website. By registering Your phone number with us, You consent to be
contacted by us via phone calls and / or SMS notifications, in case of any
order or shipment or delivery related updates. We will not use your personal information
to initiate any promotional phone calls or SMS.
While availing any of the payment method/s
available on the Website, we will not be responsible or assume any liability,
whatsoever in respect of any loss or damage arising directly or indirectly to
You due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by You and between your
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s.
Before shipping / delivering your order to
you, we may request you to provide supporting documents to establish the
ownership of the payment instrument used by you for your purchase. This is done
in the interest of providing a safe online shopping environment to our users.
You shall indemnify and hold harmless
Konfidence.in, its owners, licensee, affiliates, subsidiaries, group companies
(as applicable) and their respective officers, partners, directors, agents, and
employees, from any claim or demand, or actions including reasonable attorneys'
fees, made by any third party or penalty imposed due to or arising out of Your
violation of any law, rules or regulations or the rights of a third party.
Trademark, Copyright and Restriction
This site is controlled and operated by Konfidence
and goods are sold by Konfidence. All material on this site, including images,
illustrations, audio clips, and video clips, are protected by copyrights, trademarks,
and other intellectual property rights that are owned and controlled by us or
by other parties that have licensed their material to us. Material on Website
owned, operated, licensed or controlled by us is solely for Your personal,
non-commercial use. You must not copy, reproduce, republish, upload, post,
transmit or distribute such material in any way, including by e-mail or other
electronic means and whether directly or indirectly and You must not assist any
other person to do so. Without the prior written consent of the owner,
modification of the materials, use of the materials on any other web site or
networked computer environment or use of the materials for any purpose other
than personal, non-commercial use is a violation of the copyrights, trademarks
and other proprietary rights, and is prohibited. Any use for which You receive
any remuneration, whether in money or otherwise, is a commercial use for the
purposes of this clause.
We respect the intellectual property of others. In
case You feel that Your work has been copied in a way that constitutes
Risk of loss
All items purchased on the Website are made
pursuant to a shipment contract. This means that the risk of loss and title for
such items pass to You upon our delivery to the carrier.
If Konfidence.in comes across any difference in
pricing resulting from typographic errors w.r.t pricing or product information,
Konfidence.in shall have the right to rectify the same or cancel the order(s)
and refund monies, if any, collected from You within 10-15 business days of
such corrective action taken. The mode of refund will be the same as at the
time of placing the order. Cash on Delivery order refunds will be done by
This Agreement shall be governed by and interpreted
and construed in accordance with the laws of India. The place of jurisdiction
shall be exclusively in Kochi.