Terms and Conditions
This document explains how to use https://global.conzenta.in (the “Site”), as well as any features, subdomains, content, functionality, services, media, applications, Discussion Forums, or solutions available on or via the Site (collectively referred to as the “Platform”). Individuals who publish material on the Platform (referred to as “Influencers”) and end users on the Platform (referred to as “Followers”) jointly (“You,” “Your,” or “User(s)”) are bound by these terms and conditions. Unless otherwise specified, the terms “You,” “Your,” or “User” relate to you, the Platform user, or any legal entity for whom you are an authorised employee or agent when using or accessing the Platform, and include all Influencers and Followers. These terms and conditions including the Privacy Policy, Refund Policy, Platform Guidelines and Content & Creation Guidelines (collectively referred to as the “Agreement”), define the relationship and responsibilities between You and Conzenta (as defined herein) in using the Platform. Your access to the Platform is subject to Your acceptance and agreement of these terms and conditions. Hence, please take Your time to read this Agreement. When we say ‘Conzenta,’ ‘we,’ ‘us,’ and ‘our,’ we’re referring to Conzenta, a firm based in India. Please read the Agreement, as well as all other rules and policies made available or published on the Platform, as they will govern Your use of the Platform and its services. Versions of the aforementioned policies and terms are made available on the Platform from time to time for Your reference and understanding of how we manage Your personal information.By using or visiting the Platform and services provided to You on, from, or through the Platform, or by clicking the button during the registration process to create an account on the Platform, You are expressly agreeing to the terms of the Agreement and any other terms that are updated from time to time. If You do not agree to any of these terms or do not wish to be bound by the same, please do not use the Platform in any manner. By entering into this Agreement, You represent and warrant that You have full power and authority to enter into this Agreement and doing so will not violate any other agreement which You are a party.
CONZENTA APPS PRIVATE LIMITED, a Private limited business incorporated under the (Indian) Companies Act, 2013, owns, manages, and operates the Conzenta Platform. Conzenta Platform is a web-based platform for creating, designing, publishing, and selling digital services such as content subscriptions, pay-per-view, and one-on-one interactions (ConzentaFeatures).Any content created by a Influencer on the Platform including ConzentaFeatures is referred to as“Content”. Additionally, the Platform allows the Influencer to create monthly subscriptions to enable followers (who enroll for his/her Content) to exchange their thoughts, knowledge with each other, and even interact with the Influencer himself/herself (“Subscriptions”). Facilitation of Content creation, Subscriptions along with all of features and services offered on the Platform shall be referred to as “Conzenta Services” or “Services” under this Agreement. It is important to understand and acknowledge that the Conzenta Platform is only a platform service provider and is neither a content influencer nor an educational institution. While Conzenta provides the Platform that promotes contact between Influencers and Followers through technological methods, Conzenta is not liable for the interactions between Influencers and Followers in any way. As a result, Conzenta is not responsible for any disputes, claims, losses, injuries, or damage of any kind arising from the Influencer-Follower relationship, including, without limitation, any Follower’s reliance on any information provided by a Influencer through any of the Conzenta Services, including without limitation their Content.
The terms and conditions governing Your use of the Platform and the Services offered therein are detailed hereunder.
1 Registration and access rights
To use the Platform and its Services, you must first register and create an account, as well as supply certain data or other information as specified in our Privacy Policy (the “Registration”). You have the option of registering as a person or an entity. If you’re an individual, you must be at least 18 (eighteen) years old, or have parental or legal guardian permission to use the Platform if you’re between the ages of 13 and 18. By using the Conzenta Platform, You are representing and warranting to us that You have obtained all necessary consents and rights to use the Platform. If you are younger than 13 years old, You may neither use our Platform in any manner nor may You register for an account. You hereby also authorize Conzenta to use the data, information provided by you to compile its own data, profile or for analysis or use for their own purpose.
If You’re a Influencer/user, we require You to provide the basic personal information such as Your name, email address, mobile number, create a username and password for Your account, and a simple description of Yourself; we also give You an option to upload Your photo and include links of Your social media & YouTube channels, websites, blogs, etc., which could help You build Your brand better on the Platform. If You’re a Follower, we require You to only provide Your name. mobile number, instagram username and email address. Please read our Privacy Policy to understand how we handle Your information. You represent that the information indicated by You in the Registration is true and complete, and that You meet the eligibility requirements for use of the Platform, and You agree to update the Registration upon any changes to the information.
Although registration is free, there may be a fee for the items or services supplied. Despite the foregoing, You are not bound to purchase/use any product or service offered on the Platform simply by registering.
2.Your Personal Information
Once You’ve successfully registered on the Platform as a Influencer, a subdomain is established depending on the information you supplied at the time of registration (simply put, it is like having Your own website to create and publish Your Content which is powered by the Conzenta Platform). Your successful registration as a Follower grants you access to Your dashboard, which includes any Content you’ve registered for on the Platform as well as any Subscriptions you may have.
You are responsible for maintaining the confidentiality of Your account and password to access the Platform. You acknowledge that Your account is personal to You and agree not to provide any other person with access to the Platform and to restrict access to Your device to prevent any unauthorized access to Your account. You agree to accept responsibility for all activities that occur under Your account. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your username, password, or other personal information. You should take all necessary steps to ensure that the password is kept confidential and secure at all times, 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 agree to immediately change Your password or inform us of any unauthorized access to or use of Your username or password, so that we are able to help You stop or prevent such unauthorized access. Please ensure that the details You provide us are correct and complete and inform us immediately of any changes to the information that You provided when registering through the platform.
We retain the right to restrict access to the Platform, terminate accounts, and remove content at any time and without prior notice to You. We also reserve the right to disable any username, password, or other identification, whether selected by You or provided by us, at any time if you have violated any provision of this Agreement or any law of the land, in our judgement.
You will also need to use a “Supported/Compatible Device” to access the Platform, create, publish, and/or view the Content on the Platform, which is defined as a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which You are authorised to operate the Platform. The Supported/Compatible Devices to access the Platform may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that You use is compatible with our system/software to use the Platform and avail the services offered therein.
As provided in our Privacy Policy[3] , Conzenta does not provide, sell, rent, release, disclose, or otherwise transfer any data provided You on the Platform, in any manner whatsoever, for monetary or other valuable consideration. However, Conzenta does provide Influencers with certain information about the Followers enrolled in their Content, which includes name, location, instagram username, information about the Content in which the Follower has enrolled,. This information is only available to the Influencer upon the purchase or enrolment of a Follower in the Influencer’s Content, but such information is not provided to the Influencer for any form of consideration, whether monetary or otherwise. Nevertheless, we clarify that Followers assume full responsibility for the disclosure and use of any other personal information the Follower chooses to disclose to any Influencer on the Platform.
In addition, the Platform offers and facilitates Subscriptions that allow You to communicate with Influencers and other Followers. Conzenta has no obligation to monitor these Subscriptions, but if Conzenta receives a complaint of misconduct in any form on such Subscriptions from any User, or if Conzenta deems it necessary, Conzenta may terminate or suspend Your access to any Subscriptions at any time, without notice, for any reason. You recognise and accept that we do not endorse or regulate any User content (including without limitation conversations, messages, or anything posted by Users) on the Platform. You also acknowledge and accept that you, not Conzenta, are solely responsible for such content, including its legality, reliability, accuracy, and appropriateness, as well as the consequences of its publication.You represent and warrant that You own and control all rights in and to any content uploaded by You to the Platform, including the Subscriptions, or are licensed to use and reproduce such content on the Platform. Conzenta will not under any circumstances be liable for any activity within Platform. Conzenta is not responsible for information that You choose to share on the Platform, or for the actions of other Users. As a condition of Your use of the Services, and without limiting Your other obligations under this Agreement, You agree to comply with the restrictions and terms of use set forth in this Agreement.
Having said all of the above, all Your information including discussions on the Subscriptions are encrypted and such information is accessible only in accordance with the terms of our Privacy Policy.
Use of the Platform for Legitimate Reasons: You undertake to use the Platform solely for lawful purposes, and you are not permitted to use it in any way that violates any relevant federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA or other countries). You also agree not to use the Platform in any way that would disrupt, damage, or impair the Platform or access to it, including promoting or encouraging illegal activity such as hacking, cracking, or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Platform, as well as conducting any form of fraudulent activity.
No harmful or dangerous content: We feel our Platform is a safe area for both Followers and Influencers, and we want Your support to keep it that way. Keeping this in mind, any content on the Platform that incites or supports violence, may inflict bodily or emotional injury, may threaten the safety of any individual, or is otherwise objectionable is absolutely banned. It is forbidden to sell or promote any regulated or illegal goods. The Platform may only be used for the purposes specified in this Agreement.
No hateful or defamatory content: While we agree that individuals have the right to express their opinions, we do not encourage or tolerate hate speech, articles, photographs, or statements that are libellous, slanderous, threatening, violent, predatory, defamatory, or any statement that incites hatred against specific individuals or groups.
Violent and graphic content: Any content whose sole objective is to sensationalise, shock or disturb individuals is not allowed. We do not allow any content that promotes terrorist acts or incites violence, to be uploaded on the Platform in any manner.
Harassment and bullying: The Conzenta Platform will be used by a large number of users on a daily basis, so it is necessary to treat others with respect and kindness. On the Platform, we do not allow any sort of harassment or bullying, and we work hard to keep it a safe place for learning. Harassment in this case includes, but is not limited to, abusive videos, comments, and messages, revealing someone’s personal information, including sensitive personally identifiable information of individuals, content or comments uploaded to humiliate someone, stalking, and sexual harassment or bullying in any form.
Spam: Posting untargeted, unwanted and repetitive content, comments or messages with an intention to spam the Platform and to drive traffic from the Platform to other third-party sites is in direct violation of this Agreement. Posting links to external websites with malware and other prohibited sites is not allowed.
Scams: Any content uploaded or posted in order to trick others for their own financial gain is not allowed and we do not tolerate any practices of extortion or blackmail, either.
Privacy violation: Kindly refer to our Privacy Policy [4] to know how to protect Your privacy and respect the privacy of other Users.
Impersonation: Impersonating another person, including but not limited to, Conzenta, a Conzenta employee, or another User, is not permitted while using our Platform. In this case impersonation would mean the intention to cause confusion regarding who the real person is by pretending to be them (such as using names, image, documents, certificates etc. not belonging to You or not used to identify You, or pretending to be a company, institute, group etc., by using their logo, brand name or any distinguishing mark).
If You submit a notice of infringement that knowingly materially misrepresents that any Content, information, or communication on the Platform is infringing upon a copyright, You may be held liable for damages and attorneys’ fees.
Counter-Notice: If you believe that the content in Your Content that was removed (or to which access was disabled) was not infringing, or that You have permission from the copyright owner, the copyright owner’s agent, or the law to upload and use the content in Your Content, you may send a written counter-notice to the Copyright Agent using any of the methods listed under the ‘Copyrights Complaint’ section above:
If a counter-notice is received by the Copyright Agent, the Company will send a copy of the counter-notice to the original complaining party informing that person, that it may replace the removed content or cease disabling it in 10 (ten) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 (ten) to 14 (fourteen) business days or more after receipt of the counter-notice, at our sole discretion.
Conzenta has implemented a policy of terminating users who are found to be repeat infringers, in suitable circumstances and at Conzenta’s sole discretion, in compliance with the DMCA and other applicable laws. Conzenta may also limit access to the Platform and/or terminate the accounts of any users who infringe on the intellectual property rights of others, whether or not the violation is repeated.
Pricing: We believe that, as content influencers, Influencers should have complete control over the pricing of the Content they offer; as a result, Influencers are solely responsible for establishing and setting the prices for the Content they offer on the Platform (referred to as the “Influencer Fee”) at their sole discretion, and Conzenta is not responsible.
Platform Service Charges: As stated at the outset of this Agreement, both Influencers and Followers are free to register and create accounts on Conzenta. But, when Influencers create and publish content on the Platform, Conzenta charges 30% (thirty percent) of the Influencer Fee set by the Influencer for making available the Services with all its features on the Platform (referred to as the “Platform Service Charge”). The Platform Service Charge is inclusive of GST for Non-GST Registered Influencers and exclusive of GST for GST Registered Influencers. Conzenta as a Platform does not charge anything from the Follower to access the Platform, but to access the Content offered by the Influencers, Followers may be required to pay the Influencer Fee set by the Influencer.
Payments:With an intent to have a more user-friendly transaction model for payment, we use third-party payment processors to process payments for products, services, or other content purchased through the Platform. We use Stripe Inc. (“Stripe”) for Followers situated outside India and Cashfree Payments for Followers situated in India. As You may know, Stripe, and Cashfree are third-party service providers, and third-party service providers (like Stripe, and Cashfree) may also charge You fees to use or access their services and require Your personal data to complete any transaction for the Platform. Hence, prior to using Stripe or Cashfree, we suggest that You read their terms of service, privacy policy, and other policies and Cashfree’s terms and conditions, privacy policy and other policies, that may apply, to understand how your data is being processed. Conzenta is not affiliated with Stripe or Cashfree and neither Conzenta nor Stripe or cashfree are agents or employees of the other.
In purchasing products or services through the Platform, a User may be redirected to an external website operated by Stripe or Cashfree (as applicable). We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by Stripe or Cashfree or its respective websites or (ii) control collection or use of Your personal information by Stripe or Cashfree. You agree that You are solely responsible for all charges that occur through a Stripe, or Cashfree (as applicable) and acknowledge and agree to indemnify, defend, and hold harmless Conzenta, its licensors, their corporate affiliates, and their respective officers, directors, employees, and agents from any loss arising out of or related to the use of the Platform or any purchases made through the Platform. This obligation will survive Your use of the Platform and termination of the Agreement. For purposes of this Agreement, “Loss” means all losses, liabilities, damages, awards, settlements, claims, suits, proceedings, costs and expenses (including reasonable legal fees and disbursements and costs of investigation, litigation, settlement, judgment, interest, and penalties). Conzenta shall not be liable to You for any claims arising out of any act or omission on the part of Stripe or Cashfree (as the case may be) including, but not limited to, any lost, stolen, or incorrectly processed payments. Conzenta expressly disclaims any responsibility and liability for all services provided by Stripe and Cashfree.
(a). Payments with respect to Influencers: To publish Your Content on the Platform and collect the applicable Influencer Fees determined by You, You will need to create an account with Stripe or Cashfree (as applicable based on Your territory). When You use Stripe or Cashfree, You agree to their respective terms and policies. Stripe and/or and/or Cashfree may charge a service fee to Influencers on each transaction, and we suggest that You review Stripe’s and Cashfree’s terms (respectively) from time to time to fully understand these charges. Further, to create an account with Stripe, it may require Your personal data. By using Stripe or Cashfree, You agree that any personal information provided by You or automatically collected from You by Stripe or Cashfree will be governed by the privacy policy, terms of use, or other applicable terms and conditions established by Stripe or Cashfree respectively and as applicable. While we understand that Stripe ensures that the credit card data is encrypted, prior to creating an account, we suggest that You please read Stripe’s terms of service, privacy policy, and other policies that may apply to understand as to how Your data is being processed.
Once You’ve created Your Stripe account, You will see that Stripe will be responsible for directing and distributing payments for products and services purchased through the Platform, including automatically sending receipts to Followers and directing payouts to Influencers and any bank accounts identified by Influencers. Stripe or Cashfree (as applicable) will collect the amounts paid by the Followers and distribute it between You (i.e., the Influencer) and Conzenta (we get only the Platform Service Charge mentioned above). You will generate invoices to the Followers for the entire Influencer Fee and You will receive invoices too on behalf of Conzenta for the Platform Service Charge only. Also, please note the below terms-
For Influencers based in India, the GST is applicable once they breach the threshold of exemption and need to, compulsorily, register themselves with the GST authorities and charge the prescribed GST from the users and pay the same to the GST authorities. You hereby agree to follow the rules, guidelines of the GST and absolve Conzenta of any liability arising out of the said GST.
In case you have failed to furnish the GST registration certificate to Conzenta after crossing the threshhold exemption,
For transactions done till 31st December 2021: Conzenta will submit 1% TCS for all the previous transactions above the threshhold limit as soon as you submit the GST registration certificate to Conzenta and you will thus be liable to deposit the remaining GST amount to the GST authorities.
Billing: You will generate invoices to the Followers for the entire Influencer Fee and You will receive invoices on behalf of Conzenta for the Platform Service Charge only.
For transactions done 1st Jan 2022 onwards: Conzenta will start collecting 18% GST and start invoicing the customers and deposit the same to the GST authorities.
Billing: Conzenta will generate GST invoices to the Followers for the entire Influencer Fee and You will generate invoice to Conzenta for an amount which is equal to (Influencer Fee – Platform Service Charge).
Once you submit the GST registration certificate to Conzenta, you can start generating the invoicing to the customers as usual and Conzenta will generate an invoice to you of Platform Service charge only.
(b). Payments with respect to Followers: To sign-up for any Content, You will need to pay the Influencer Fee determined by the respective Influencer, which shall be processed by Stripe or Cashfree (as applicable), as explained above. Your payments may be subject to applicable taxes, so we suggest that You read terms and policies of Stripe and/or Cashfree(as applicable) to understand the same better. Further, please note that Conzenta is only an intermediary between You and the Influencer; in other words, we are only facilitating the transaction between You and the Influencer through the Services offered on the Platform. Hence, we are not responsible for the Content of the Influencer, the Influencer Fees, payment processing or refunds. Your enrolment for any Content is subject to the terms and conditions determined by the respective Influencer, at his/her/its sole discretion without suggestions from Conzenta. Should You face any issues in this regard, please reach out to the respective Influencer to resolve the same.
YOU SPECIFICALLY ACKNOWLEDGE THAT CONZENTA SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE PLATFORM IS CONTROLLED AND OFFERED FREE OF CHARGE BY CONZENTA FROM ITS FACILITIES IN INDIA. CONZENTA MAKES NO REPRESENTATIONS THAT THE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
On the other hand, If You are a Influencer situated outside the territory of India and accessing the Platform from such country or territory outside India or a Follower accessing the Content created by a Influencer situated outside the territory of India, then in the unlikely event of dispute between us, this Agreement shall be governed by and construed in accordance with the laws of State of Delaware, U.S.A. and You agree, as we do, to submit to the exclusive jurisdiction of the courts at State of Delaware, U.S.A.
Waiver: If You breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where You breach these conditions.
Assignment: User may not assign or transfer this Agreement, by operation or law or otherwise, without Conzenta’s prior written consent. Any attempt by the User to assign or transfer this Agreement without such consent, will be null and void. Conzenta may assign or transfer this Agreement, at its sole discretion, without restriction. Subject to the foregoing, this Agreement will bind and inure to the benefit of each party’s permitted successors and assigns.
Severability: If any provision of this Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in effect.
Events beyond our reasonable control: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect Your statutory rights. In other words, Conzenta shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder, including any or all of the Services, during any period in which such performance is prevented or delayed due to Force Majeure. “Force Majeure” refers to any event beyond Conzenta’ reasonable control, including but not limited to acts of God, severe weather, fire, flood, mudslides, hurricanes, tornadoes, earthquakes, war, labor disputes, strikes, political unrest, natural or nuclear disaster, national security risks, pandemics, epidemics, World Health Organization’s advisories and/or alerts, Center for Disease Control’s advisories and/or alerts, U.S. State Department’s advisories and/or alerts, any order of any local, provincial or federal government authority, interruption of power services, terrorism or any other causes beyond the control of Conzenta or deemed by Conzenta to constitute a danger to the safety and well-being of Users.
Losses: Conzenta will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss at any point due to any reason whatsoever