Terms of Use – DesignNewLife

TERMS OF USE

PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY. THESE TERMS CREATE A BINDING LEGAL CONTRACT/AGREEMENT BETWEEN YOU AND DESIGN NEW LIFE EDUCATION PVT. LTD.BY USING THE SERVICES OR ACCESSING THE PLATFORM (AS DEFINED BELOW), YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICES OR THE PLATFORM.

1. BACKGROUND:

DESIGN NEW LIFE EDUCATION PVT. LTD.Zones Digitech Pvt. Ltd. (“Company”, “we,” or “us” or “our”) offers you (“Users”, “you”, “your”) a mobile application and website (together “Platform”) that allows you to create goals (“Goals”) in certain areas of your life. These areas of life could include work, hobbies, health, finance, travel, family and friends and self-development (“Zones”). The Platform aims at helping you achieve these Goals with the help of the features provided by the platform as detailed in Section 3 below. THE USER’S USE OR ACCESS OF FEATURES, FUNCTIONALITIES, THE COMPANY CONTENT AND VARIOUS OTHER SERVICES PROVIDED THROUGH THE PLATFORM (COLLECTIVELY DEFINED AS “SERVICES”) SHALL BE GOVERNED BY THESE TERMS.

2. ELIGIBILITY

To be eligible for availing the Services, you must be at least 13 years old or such higher age as may be required in your country for you to be authorized to use our Services and enter into these Terms without your parent’s approval. In addition to being of the minimum required age to use our Services under the applicable laws of your country, if you are not old enough to have authority to agree to these Terms, your parent or guardian must agree to these terms on your behalf. The Platform is not available for those who are temporarily or indefinitely suspended.

3.FEATURES OF THE PLATFORM

  • 3.1 Happiness Quotient Quiz:The Platform provides a Happiness Quotient Quiz (“Quiz”) for you to take up at your discretion. In this feature there will be 14 specific questions (2 questions per Zone) asked. Depending upon the answers you will be shown a happiness percentage and also individual area wise break up percentages. You understand that this Quiz is a feature developed with the help of predefined parameters and codes and the results may or may not depict the actual emotional state of the User. This quiz is not a replacement for professional advice.
  • 3.2 ZonesUsers can choose from the list of Zones provided on the Platform and create Goals accordingly.
  • 3.3 Creating Goals:The Platform enables you to create specific Goals in certain areas of your life including work, hobbies, health, finance, travel, family and friends and self-development. The Goals could be created in numeric or non-numeric forms. Numeric Goals could include weight loss to be measured in number of Kgs to be lost. Non-numeric Goals would be action based Goals and would be ascertained on the basis of the completion of such action. This could include Goals like going to the gym.
  • 3.4 Scheduling action:You could schedule certain actions and reminders for the completion of such actions of specific Goals. This enables you to keep track of your actions and helps in the completion of the same.
  • 3.5 ProgressThe Platform allows you to track your progress in the form of progress visualizations and reports (“Reports”). These Reports would be personalized on the basis of your Goals and progress and would help you track your development and improvement in specified areas.
  • 3.6 MentorsThe Platform allows you to introduce people from your life and approach other users to act as mentors (“Mentors”). The Mentors could be experts or people that you seek guidance from in certain areas. These Mentors would be providing advice and guidance in the specified areas. Similarly, you could be a Mentor to other users on acceptance of such Mentor request. The details of this feature are provided in section 5.
  • 3.7 Gamification:The Gamification feature of the Platform allows you to collect stars and badges depicting your achievements or fulfilment of certain activities on the Platform.
  • 3.8 Challenge:The Platform also allows you to create a Goal and challenge other Users, who you connect with, to accomplish or fulfil the Goal. This feature called the “Challenge”, also enables you to accept or decline challenges from other Users, at your discretion. You can connect with a maximum of nine (9) Users for a Challenge. When a Challenge is accepted by other Users, such Users can collectively participate in the Goal and measure their progress with the help of a leader board/progress bar which keeps a track of the performances of the Users involved in the Challenge. The feature also allows you to communicate, chat and share images, PDFs & PPTs with the Users participating in a particular Challenge along with you. You understand that the feature is to be used to create only realistic Challenges and the Users shall strictly refrain from creating Challenges that may have a potential threat to life and that can cause physical, mental and psychological stress to yourself or the other Users or create an environment of discrimination. Accepting any Challenges is completely at your own discretion and the Company shall not be liable for any losses or damages arising from the same.
    • 5.1Mentors shall not urge their Mentees to do or commit any unlawful acts;
    • 5.2Mentors shall not act in a way that is harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of the Mentee’s privacy, hateful, or racially, ethnically or otherwise objectionable, sexually explicit or graphic;
    • 5.3The Mentors shall not extract information from the Mentees for any personal reasons;
    • 5.4The Mentors shall always keep any information that they receive from their Mentees in strict confidence and shall not use the information for their personal gains;
    • 5.5The Mentors shall not disclose any contact numbers or other personal information of the Mentees to any third party;
    • 5.6The Mentors shall not use language that is abusive or inappropriate while interacting with the Mentees.
    • 8.1All materials including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music in any form including blogs, learning centre content, tips and any tutorials featured and available on the Platform (“Company Content”), and all Intellectual Property Rights related thereto, are the exclusive property of The Company and its licensors.
    • 8.2Except as permitted by the copyright law applicable, you may not reproduce or communicate any The Company Content, without the permission of The Company.
    • 8.3Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any The Company Content. Use of The Company Content for any purpose not expressly permitted by these Terms is strictly prohibited. Any unauthorized use of The Company Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
    • 8.4Design New Life is the trademark wholly owned by Mr. Ragesh Warrier. There may be proprietary logos, service marks and trademarks found on the Platform whether owned/used by us or otherwise. By displaying them on the Platform, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the Company Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
    • Violating laws and rights:You may not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
    • Solicitation:You may not use the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
    • Disruption:You may not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
    • Harming others:You may not share or transmit contents or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not promote violence, or incite hatred against individuals or groups based on race or ethnic origin, religion, disability, age, nationality, veteran status, sexual orientation, gender, gender identity, or any other characteristic that is associated with systemic discrimination or marginalization.
    • Impersonation or unauthorized access:You may not impersonate another person or entity, or misrepresent your affiliation with a person or User, while using the Platform. You may not use or attempt to use another’s account or personal information; and, you may not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
    • AssignmentThese Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
    • Notification Procedures and Changes to the TermsThe Company may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you through an email or text messages on the mobile, or through posting of such notice on the Platform, as determined by the Company in its sole discretion. The Users may also choose to discontinue with certain notification as described in this Terms. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We reserve the right to amend these Terms at any time and your use of the Services following any amendments, will represent your agreement to be bound by these Terms as amended. We therefore recommend that each time you access the Platform or use our Services, you read these Terms. These Terms were last modified on December 2019.
    • Entire Terms/SeverabilityThis Terms, together with any amendments, shall constitute the entire Terms between you and the Company concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms, which shall remain in full force and effect.
    • No WaiverNo waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and the Company’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
    • ContactPlease contact us at ragesh@knowthesign.in with any questions regarding these Terms.
    • Report abuseWe reserve the right to remove or deactivate any User Account if such Account is reported by any User/Mentee of the Platform, for indulging in abuse of the Services, creating or participating in unwarranted Challenges or any inappropriate or unlawful conduct. We also reserve the right to take appropriate legal and remedial actions against such Users in the event of such abuse report.
    • Dispute ResolutionAny dispute or claim relating in any way to your use of the Service, offered by the Company or through the Company will be resolved by binding arbitration, to be conducted by a sole arbitrator appointed by the Company. The arbitration proceedings shall be governed by the Arbitration and Conciliations Act, 1996 and the seat of the arbitration shall in Mumbai. The language of the proceedings shall be English and the award of the proceedings shall be final and binding on the parties.
    • Governing Law and JurisdictionThese Terms shall be governed by and interpreted and construed in accordance with the laws of India. Subject to the Dispute Resolution clause above, the Courts/Tribunals in Mumbai shall have exclusive jurisdiction to try any disputes or suit arising out of these Terms.