Terms of Use

Terms of Use

These terms of service (the “Terms”) govern your access to and use of Kenken India services, therefore we kindly ask you to carefully read them when visiting Kenken India website, before you register, download, install and use the Kenken India services, which include the Kenken India software, Kenken India mobile applications and any services that Kenken India (“we,” “us,” “our,” or “Kenken India”) provides through our software, application or otherwise (all of which collectively are referred as the “Kenken India Services”). Kenken India is provided by Rootstalk Learning Solutions FZ LLC, UAE.

Please note that the Terms constitute a binding legal agreement between you and Kenken India. By visiting the website, registering for, installing and/or using the Kenken India Services on any platform or device you agree to be bound by these Terms. It is only under these Terms that Kenken India allows visitors / users (the “users”) to use Kenken India Services. If you do not agree to these Terms or any provisions hereof, please do not install and do not use our software, our mobile application and/or any of our products or services.

If you are using the Kenken India Services on behalf of an organization, you are agreeing to these Terms for that organization and acknowledging that you have the authority to act on behalf of that organization and commit to these Terms on behalf of that organization.

Kenken India Services are educational in nature and we provide web/mobile applications to our customers to enhance their interaction with our programs. We do not condone any unlawful use of the Kenken India Services. Kenken India Services shall not be used for any criminal, illicit and illegal acts, and you accept and agree not to violate any law of any jurisdiction that you are originating from and any other applicable law. It is your (user’s) responsibility to know and comprehend any and all relevant laws related to any jurisdiction or venue that concerns you, your actions and your use of Kenken India Services.

Kenken India guarantees a strict no-logs policy for Kenken India Services, meaning that the Kenken India Service is provided by an automated process, and your activities while using it are not monitored, recorded, logged, stored or passed to any third party.

Only basic payment information is processed through our payment service provider, a payment processing partner authorized to provide services within The Republic of India.

By using Kenken India Services, you agree to the whole Kenken India Terms of Service including all said general provisions incorporated by reference.

Kenken India may modify the Terms from time to time. The Terms are binding from the time that they are updated on our website. It is your responsibility to check and read current Terms periodically. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the Kenken India website.

If you have questions or concerns regarding these Terms, please contact us at operations@kenkenindia.in.

Our services

Kenken India Services are educational in nature and we provide web/mobile applications to our customers to enhance their interaction with our programs. You are solely and exclusively responsible for the use of the Kenken India Services. Kenken India will not be liable in any way or form for actions done by its users including criminal liability and civil liability for harm executed or not executed. Kenken India liability is further limited by other provisions of these Terms.

We grant you permission to use the Kenken India Services subject to the restrictions set forth in these Terms. Your use of the Kenken India Services is at your own risk. The Kenken India Services may be modified, updated, interrupted or suspended at any time without notice or liability. We do not bear any liability for any harm or other adverse consequences to you, caused by this. Kenken India, its owners, employees, agents and others that are involved with the Kenken India services are not in any way or form liable for any harm of any kind executed or not executed, resulting from or arising through or from the use of any account registered with Kenken India services.

In any event, Kenken India shall not be liable for any loss, monetary or non-monetary harm beyond what the client paid to Kenken India, and this shall not include attorney fees or court costs irrespective of any laws or statutes that prescribe otherwise.

Kenken India collects and processes only limited user data required for the operation of its educational services. Further information about user data processing is provided in the Privacy Policy and User Data section of the Terms.

No-logs policy

Kenken India guarantees a strict no-logs policy for Kenken India Services, meaning that the Kenken India Service is provided by an automated process, and your activities while using it are not monitored, recorded, logged, stored or passed to any third party. We do not store connection timestamps, session information, used bandwidth, traffic logs, IP addresses or other data.

Kenken India does not condone or endorse any unlawful, illicit, criminal or fraudulent activities perpetrated by using the Kenken India Services. Therefore, Kenken India reserves the right to suspend or terminate an account in case any violation of the Terms of Service becomes apparent. As Kenken India protects and respects customer privacy, it does not log or track their activity in any way. However, in the eventuality that Kenken India would find out about an offense outside of those means (i.e., a customer would notify Kenken India of them having done so), it would have the right to suspend or terminate the account.

Intellectual property rights

Subject to the terms and conditions of these Terms, we grant you a limited, non-exclusive, personal, non-transferable, non-sublicensable, license to: (1) download and use a copy of the Kenken India application; and (2) use the Kenken India Services, including, without limitation, the products and services made available on or through the Kenken India application or our website. No other right or license of any kind is granted to you hereunder with respect to the Kenken India Services. The license provided herein is effective until terminated. This license automatically terminates if you fail to comply with these Terms.

The Kenken India Services, including, but not limited to, the Kenken India software, mobile application and all other items, are owned and copyrighted by Kenken India, and are protected worldwide. We retain all right, title and interest in and to the Kenken India Services and any portion thereof, including, without limitation, all copyrights, trademarks, service marks, trade secrets and other intellectual property rights. You shall not take any action to jeopardize, limit or interfere in any manner with our ownership and rights with respect to the Kenken India Services. All rights are reserved unless otherwise noted.

Payments

Kenken India Services are subscribed on a service period basis. You choose the service period and the payment method yourself when you sign up for the Kenken India Services. The Kenken India application for any platform or operating system supported by Kenken India can be downloaded free of charge. Users will have to purchase a paid subscription from Kenken India to connect to the Kenken India Service, except in the case of a limited free trial or certain coupon offers.

Your service will automatically be renewed, and your chosen payment method will be charged at the end of each service period, repeating the length of the previous service period, unless you decide to cancel your subscription for the Kenken India Services.

Refund policy

All Kenken India services are NON REFUNDABLE. We seek your full satisfaction with our services. There are common network/system issues that may hinder Kenken India service for you and we intend to resolve most of user issues encountered.

You have a right to cancel your Subscription Services at any time. You can cancel a recurring Subscription from your website/application profile. Cancelled Subscriptions will not be refunded for the unused part of the ongoing service period.

Kenken India reserves the right to suspend or refuse service to anyone at any time for any reason. No refunds will be considered for accounts terminated for violation of these Terms.

User data

You agree to read our Privacy Policy, which explains what type of information we collect and what might happen to that information, including, without limitation, how such information is shared and used. Our Privacy Policy contains information that you should review prior to using the Kenken India Services. Our Privacy Policy will apply to the information we collect, whether or not you choose to read it.

We do not log or store any records on user activity using Kenken India Services: however, you are required to create a user account in order to use Kenken India Services, primarily our Website/Application services. If you choose to create a user account, you must provide some basic information, specifically: valid email address – to send the Kenken India communication, to retrieve a lost password; payment information – we process basic billing information through our payment processing partner for payment processing. You must maintain and update this information current, truthful, complete and accurate. You warrant that you are authorized to provide such information. You authorize us to verify your information at any time. If it is found to be untrue, inaccurate, not current or incomplete, we retain the right, in our sole discretion, to suspend or terminate your user account and your access to the Kenken India Services.

You are responsible for maintaining the confidentiality of your Kenken India account username and password and for restricting access to your account. You may not share your password or other account access information with any other party, temporarily or permanently, and you agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your account, username or password, as the case may be.

Disclaimer of warranties

Reasonable efforts are taken to improve the accuracy and integrity of the Kenken India Services, but we are not responsible for downtime, loss of data, corrupt data, service delay, mistakes, out-of-date information, or other errors. Notwithstanding any other provision of these Terms, we reserve the right to change, suspend, remove, or disable access to the Kenken India Services, or any functionality comprising a part of the Kenken India Services at any time without notice. In no event will we be liable for making these changes. As a registered user in good standing, you may be provided with limited service by Kenken India. We do not warrant,  and will not have any liability or responsibility for your use of Kenken India Services or other products or services we provide. We may also impose limits on the use of or access to the Kenken India Services, for any reason and without notice or liability. Our website, products and services may be unavailable from time to time due to human, digital, mechanical, telecommunication, software, and other failures. We cannot predict or control when such downtime may occur and cannot control the duration of such downtime.

THE Kenken India SERVICES (INCLUDING, WITHOUT LIMITATION, OUR SOFTWARE, MOBILE APPLICATIONS, SERVICES AND WEBSITE) ARE PROVIDED “AS IS” AND WITH ALL FAULTS. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY, ADEQUACY, SUITABILITY, FUNCTIONALITY, AVAILABILITY, OR OPERATION OF THE Kenken India SERVICES. YOU ACKNOWLEDGE THAT WE DO NOT HAVE CONTROL OVER YOUR USE OF THE Kenken India SERVICES, AND WE DO NOT WARRANT THE PERFORMANCE OR RESULTS THAT MAY BE OBTAINED THROUGH YOUR USE OF THE Kenken India SERVICES. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR YOUR USE OF THE Kenken India SERVICES AND FOR ANY LOSS OF OR ERRORS IN ANY DATA OR INFORMATION. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE Kenken India SERVICES WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTIES, NOR THAT THE Kenken India SERVICES WILL BE AVAILABLE FOR YOUR ACCESS OR USE, NOR THAT OPERATION OF THE Kenken India SERVICES WILL BE ERROR FREE OR UNINTERRUPTED. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM ONE JURISDICTION TO ANOTHER JURISDICTION.

We shall not be responsible or have any liability for any delay or failure to perform to the extent due to unforeseen circumstances or causes beyond its reasonable control, including, without limitation, failures of telecommunications or internet service providers, Force Majeure, earthquakes, fires, floods, embargoes, labor disputes and strikes, riots, war, novelty of product manufacture or other unanticipated product development problems, and acts of civil and military authorities.

Limitation of liability

There are inherent risks in relying upon, using, transmitting or retrieving any data and/or content on the Internet, and we urge you to make sure you understand these risks before using the Kenken India Services.

YOUR USE OF THE Kenken India SERVICES IS AT YOUR OWN RISK. NEITHER Kenken India NOR ANY OF ITS PARENTS, SUBSIDIARIES OR AFFILIATES, NOR ANY OF THEIR EMPLOYEES, OFFICERS OR DIRECTORS, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR INFORMATION OF ANY KIND, LOSS OF BUSINESS, LOST PROFITS, INTERRUPTION OF BUSINESS, COST OF COVER OR ANY OTHER DAMAGES) ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OR INABILITY TO USE THE Kenken India SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE THE LIABILITY OF Kenken India SHALL NOT EXCEED WHAT THE CLIENT PAID TO Kenken India, AND SHALL NOT INCLUDE ATTORNEY FEES OR COURT COSTS IRRESPECTIVE OF ANY LAWS OR STATUTES THAT MAY PRESCRIBE OTHERWISE.

Indemnification

You agree, at your own expense, to indemnify, defend and hold harmless Kenken India, its parents, subsidiaries and affiliates, and their officers, directors, employees, agents, distributors and licensees, from and against any judgments, losses, deficiencies, damages, liabilities, costs, claims, demands, suits, and expenses (including, without limitation, reasonable attorneys’ fees, expert witness fees and expenses) incurred in, arising out of or in any way related to your breach of these Terms, your use of the Kenken India Services, or any of your other acts or omissions.

Geographical acces

The Kenken India Services are not geographically limited; however, we make no representations or warranties that the Kenken India Services are appropriate for use or access in your location and jurisdiction.

You access and use the Kenken India Services in your country on your own initiative and you solely are responsible for complying with your local laws and regulations, if and to the extent such laws are applicable. We reserve the right to limit, in our sole discretion, the availability of the Kenken India Services or any portion thereof, to any person, entity, geographic area, or jurisdiction, at any time.

Electronic communications

You consent to receive communications from us electronically, e.g. by email, application messages, etc. We will communicate with you through the email that you provide. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that we may communicate to you for the purpose of advising you of changes or additions to the Kenken India Services, about any of our products or services, or for such other purposes that are reasonable or required by applicable law.

Miscellaneous

We reserve the right to modify and update these Terms at Our sole discretion, at any time, for any or no reason, and without liability, as indicated below. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the Kenken India website.

We also reserve the right to modify, update, or suspend the operation of the Kenken India Services at our sole discretion, at any time, for any or no reason, and without notice or liability.

All users of Kenken India Services are obliged to ensure that they are familiar with the most current wording of the Terms. The change of the Terms may be communicated to you by publishing the updated Terms on Kenken India website, where the date of the most current wording of the Terms is indicated at the top of the web page. Since you agree to be bound by these Terms each time you use the Kenken India services, please consider reviewing the Terms each time you use the Kenken India services. Each update of the Terms comes into force as of the moment when it is published on this web page. You understand and agree that any continued use and access to the Kenken India Services after any updates to these Terms are published, means that you voluntarily agree to be bound by the updated Terms.

The Terms constitute an agreement between you and us regarding the use of the Kenken India Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.

You may not assign or transfer your rights or obligations under these Terms to any third party.

These Terms and your use of the Kenken India Services are governed by the laws of the The Republic of India, without regard to its choice of law provisions. You agree that the courts of general jurisdiction located in The Republic of India, will have exclusive jurisdiction over any and all disputes arising out of or relating in any way to these Terms or the Kenken India Services.

If you have questions or concerns regarding these Terms please contact us at operations@kenkenindia.in .