Terms of Service

PLEASE READ THIS USER AGREEMENT AND ALL OTHER AGREEMENTS AND POLICIES REFERENCED HEREIN COLLECTIVELY DEFINED BELOW AS THE “TERMS OF SERVICE” CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

This User Agreement (this “Agreement”) is a contract between you (“you” or “User”), and Krsh Welfare Foundation (“Krsh” “we,” or “us”). You must read, agree to, and accept all of the terms and conditions contained in this Agreement to be a User of our website located at rise.krsh.org (“Site”) or any part of the rest of the Site (collectively called “Site Services”).

Subject to the conditions set forth herein, Krsh may, in its sole discretion, amend this Agreement and any of the other agreements that comprise the Terms of Service at any time by posting a revised version on the Site.

YOU UNDERSTAND THAT BY USING THE SITE OR SITE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THE TERMS OF SERVICE IN ITS ENTIRETY, YOU MUST NOT ACCESS OR USE THE SITE OR THE SITE SERVICES AFTER THE EFFECTIVE DATE EXCEPT AS PERMITTED BY THE SITE TERMS OF USE.

Contents of this page:

DEFINITIONS
ELIGIBILITY
SITE ACCOUNTS
PURPOSE OF SITE
MEDICAL ADVICE OR INVESTMENT ADVICE
USER CONTENT
CONTRACTUAL RELATIONSHIP BETWEEN KRSH AND REBOUND BUDDY
TERMS OF USE
FEES
PAYMENT TERMS
NON-CIRCUMVENTION
RECORDS OF COMPLIANCE
WARRANTY DISCLAIMER
INDEMNIFICATION AND LIMITATION OF LIABILITY
AGREEMENT TERMS

1. DEFINITIONS

“Site” means the Websites operated by Krsh and available at: www.krsh.org and any of its regional or other sub-domains or properties, and any related service.

“Site Services” means features and services offered by Site such as taking assessments, creating profile, availing services, making payments, retrieving payments and any other feature available on Site.

“Buddy” means any authorized User utilizing the Site or Site Services, to seek and/or obtain Services. A Buddy pays for the services offered by Rebound Buddy.

“Rebound Buddy (RB)” means any authorized User utilizing the Site or Site Services, to advertise or provide Wellness Services to Buddies. A Rebound Buddy provides services to the Buddy.

“RB Services” means all services performed for or delivered to Buddy by Rebound Buddy.

“Session” means an engagement for RB Services that a RB provides to a Buddy.

“RB Fees” means the fee amount asked by RB for providing services.

“Payment Method” means a bank account, an online waller, a debit card, or such other method of payment as Krsh may accept from time to time in our sole discretion.

“Confidential Information” means any material or information provided to, or created by, a User, regardless of whether the information is in tangible, electronic, verbal, graphic, visual, or other form. Confidential Information does not include material or information that: (a) is generally known by third parties as a result of no act or omission of RB or Buddy; (b) was lawfully received by User without restriction from a third party having the right to disseminate the information; (c) was already known by User prior to receiving it from the other party and was not received from a third party in breach of that third party’s obligations of confidentiality; or (d) was independently developed by User without use of another person’s Confidential Information.

The term “including” as used herein means including without limitation.

“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, in each case, under the laws of any state, country, territory or other jurisdiction.

“User Content” means any comments, remarks, data, feedback, content, text, photographs, images, video, music, or other content or information that you or any Site Visitor or User post to any part of the Site or provide to Krsh, including such content or information that is posted as a result of questions.

“Session” means any interaction between Rebound Buddy and Buddy which is required for wellness counseling of the Buddy.

2. ELIGIBILITY

2.1 GENERAL ELIGIBILITY

You are eligible to access the Site if:

You are able to form legally binding contracts
Your local jurisdictions allow accepting this User Agreement
You are an individual who is 18 years or older. We do not allow legal entities or businesses.
Will use the Site or Site Services only for personal or professional purposes.

2.2 RB ELIGIBILITY

An RB is allowed to services at Krsh based on assessments which are conveyed during the training period. An RB may need to take the role of a counsellor which is in accordance with the Indian Allied and Healthcare Professions Bill, 2021. An RB should demonstrate professional competence, compliance to Krsh’s processes and code of conduct; and, demonstrate sensitivity to ethical standards.

Further, the RB is required to accept Krsh’s Terms of Engagement and Payment Terms sent over email, before starting to accept payments via the Site.

Based on the above factors, an RB may be denied to use the Site or work with Krsh. In case the RB is denied access due to lack of professional standards, the security money cannot be returned which was paid by RB for training. The decision of Krsh management will final in this matter and no disputes shall be entertained.

3. SITE ACCOUNTS

By registering for an account to use the Site or Site Services (an “Account”), by using the Site or Site Services, or by clicking to accept the Terms of Service when prompted on the Site, you agree to abide by this Agreement and the other Terms of Service.

Krsh reserves the right to decline a registration to join Site or to add an Account of any type (i.e., as a Buddy or RB), for any lawful reason, including supply and demand, cost to maintain data, or other business considerations.

You can register for an Account as a Buddy (a “Buddy/Parent Account”) or as a Rebound Buddy (a “RB Account”). You may create multiple accounts as long as they adhere to this User Agreement.

To register for an Account to join the Site, RB must complete a User profile (“Profile”), which RB consents to be shown to the public. RB agrees to provide true, accurate, and complete information on Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. RB agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services your business provides and to correct any such information that is or becomes false or misleading.

When you register for an Account and from time to time thereafter, your Account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Krsh. You authorize Krsh, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents. During verification some Account features may be temporarily limited. When a verification is successfully completed, Account features will be restored.

4. PURPOSE OF SITE

Krsh Welfare Foundation is a Section-8 nonprofit company, incorporated with the mission to provide welfare for the society at large. Krsh offers its services through Site.

Site allows contractual employment to Users (Rebound Buddies), and also provides wellness counseling to Users (Buddies).

The Site enables RB to get training for wellness counseling, and understand the standards with which wellness counseling can be provided on behalf of Krsh. The site also enables to RB to create a personal profile, to advertise skills, manage session appointments and interact with Buddy. The contractual employment offered by Krsh is provided here. It should not be construed as regular employment covered under Indian Labour Law or the Industrial Relations Code.

The Site enables Buddy to get wellness counseling through Krsh’s RB. The Site also allows to make payments to cover for the employment cost of RB, as well as the collective expenses of Krsh as a Company.

RB is provided to offer sessions for only the services listed here. RB should confirm to code of ethics given on Site. User agrees that the session between RB and Buddy may be supervised or recorded to provide better services and to avoid fraudulent activities. RB agree that he/she may be legally pursued by Buddy in case there is a violation of law during the session. Users acknowledge, agree, and understand that: (i)Krsh will not have any liability or obligations for any acts or omissions by Users; (ii) RB is free to determine when and if to provide sessions (iii) RB is free to determine fees for his/her efforts, skills and time.

5. MEDICAL ADVICE OR INVESTMENT ADVICE

The Content on our Site is to be used for informational purposes only. The Content is not intended to be and should not be interpreted as a recommendation for a specific treatment plan, product, course of action or medical or healthcare provider. Your use of our Site does not create a therapist / client relationship. KRSH IS NOT A HEALTH CARE PROVIDER. OUR SITE DOES NOT OFFER MEDICAL ADVICE AND NOTHING CONTAINED IN THE CONTENT IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE FOR MEDICAL DIAGNOSIS OR TREATMENT. Use of our Site does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs of you or any other party. We disclaim all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to on our Site and/or any third-party website. Never disregard the medical advice of a physician or health professional, or delay in seeking such advice, because of something you read on our Site. Although we strive to ensure that the information we provide on our Site is correct, we cannot guarantee that it is always accurate and up-to-date. We offer our Site AS IS and without any warranties.

6. USER CONTENT

You hereby acknowledge and agree that Users publish and request Krsh to publish on their behalf information on the Site about the User, such as feedback, geographical location, or verification of identity or credentials. Users agree to provide such information to the best of their knowledge. Users agree to indemnify Krsh for any misinformation or misrepresentation done by another User which was not according to this agreement.

Krsh is not legally responsible for any feedback or comments posted or made available on the Site by any Users or third parties, even if that information is defamatory or otherwise legally actionable. In order to protect the integrity of the feedback system and protect Users from abuse, Krsh reserves the right (but is under no obligation) to remove posted feedback or information that, in Krsh’s sole judgment, violates the Terms of Service or negatively affects our Site, diminishes the integrity of the feedback system or otherwise is inconsistent with the business interests of Krsh. You acknowledge and agree that you will notify Krsh of any error or inaccurate statement in your feedback results, and that if you do not do so, Krsh may rely on the accuracy of such information.

You acknowledge that we may use the public description of RB profile and the public content on the Site for marketing and other related purposes.

7. CONTRACTUAL RELATIONSHIP BETWEEN KRSH AND REBOUND BUDDY

Krsh does not provide any minimum wage or employment benefits to rebound buddy. Krsh allows rebound buddy to collect fee for their employment cost from buddy. This fee may be vary from time to time and User to User. Rebound Buddy is free to explore any employment opportunities, with or without prior information to us, as per his own convenience.

8. TERMS OF USE

Users agree not to

Post content or items in inappropriate categories or areas on our Websites and services.
Post profile details which are misleading or violate any laws.
Provide session in such a way that it violates these terms or violate any laws
Interact with other users in manner which is disrespectful, hateful, abusive, misleading, deceitful, racist, discriminatory, sexist, or communal.
Advertise an external website, product or service on the Site. Any website address posted on the Site, including in profile or messaging, must relate to a User or Site Services.
Manipulate Site Services for providing sessions, Fee structure, the billing process, or fees owed to rebound buddy
Post false, inaccurate, misleading, deceptive, defamatory, offensive or illegal content.
Provide User Content or conduct sessions in such a way that it infringes upon or misappropriate any intellectual property right or proprietary right or right of publicity or privacy of any person.
Take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Site)
Transfer your account including feedback to another party without our consent.
Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
Distribute viruses or any other technologies that may harm Users, the Site, or the interests or property of Users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful.
Download and aggregate User Content for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Site into any other website without our prior written authorisation;
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site.
Copy, modify or distribute rights or content from the Site or collect information about Users.
Use any robot, spider, scraper or other automated means to access the Site.

9. FEES FOR SESSIONS AND ASSESSMENTS

KRSH may charge fees to Buddy to maintain Site services, taxes, maintenance, or other account fees. The fee charged depends on the type of service provided and is communicated in advance over email.

10. PAYMENT TERMS

10.1 Advance Fees

Site provides features to Users to make advance payment for a Session, and to pay fees to Krsh.

Site does not provide banking services, digital wallet, or a financial service.

Users accept and agree that Krsh has the right to withhold payments or impose penalty in case of compliance breach as per statutory obligations.

The detailed, step-by-step process on how jobs are managed and payments made is given below:

Buddy selects a Rebound Buddy by reviewing the profile information of Rebound Buddy, and by a brief chat conversation with RB
Buddy provides payment to cover RB fees for a session
RB provides the session to Buddy as per mutually convenient time
Buddy has the option to file a dispute if RB does not provides session as per Buddy expectations. In such case, the payment will not be released to RB, it will be rather utilized to provide free services to the underprivileged. Krsh allows a maximum 3 days time for buddy to file a dispute.
Buddy makes a request to withdraw funds, subject to a minimum amount of Rs. 4000. Buddy agrees that Krsh manually performs many compliances and audits, and that it is not possible to release an amount smaller than Rs 4000. This minimum withdrawal amount may be collected from one or many Buddies, over a period of 365 days.

10.2 DISBURSEMENTS TO REBOUND BUDDY

Payment made by the Buddy is available for disbursal to RB, after deducting the fees stipulated in Section 9. Payment is made based on “successful termination” of each buddy case. A buddy case may include several sessions and may last over several months. “Successful termination” implies that buddy provides satisfactory feedback for the services returned. The payment to RB is disbursed at monthly cycle. Example: payment for the sessions done in July will be disbursed in the first week of August.

Krsh, in its sole discretion and except as prohibited by applicable law, may refuse to process, may hold the disbursement if: (a) we require additional information, such as RB’s tax information, government-issued identification or other proof of identity, address, or date of birth; (b) we have reason to believe the RB may be subject to dispute or chargeback; (c) we suspect a User has committed or attempted to commit fraud or other illicit acts on or through the Site; (d) we believe there are reasonable grounds for insecurity with respect to the performance of obligations under this Agreement or other Terms of Service

In addition, notwithstanding any other provision of the Terms of Service and to the extent permitted by applicable law, we reserve the right to seek reimbursement from you, and you will reimburse us, if we: (i) suspect fraud or criminal activity associated with your payment, withdrawal, or Job; (ii) discover erroneous or duplicate transactions; or (iii) have supplied our services in accordance with this Agreement yet we receive any chargeback from the Payment Method used by you. You agree that we have the right to obtain such reimbursement by charging your Payment Method, and any other accounts you hold with us, offsetting any amounts determined to be owing, deducting amounts from future payments or withdrawals, charging your Payment Method, or obtaining reimbursement from you by any other lawful means. If we are unable to obtain such reimbursement, we may, in addition to any other remedies available under applicable law, temporarily or permanently revoke your access to the Site and Site Services and close your Account.

11. NON-CIRCUMVENTION

11.1 User Obligations On Non-Circumvention

You acknowledge and agree that a substantial portion of the compensation Krsh receives for making the Site available to you is collected through the Platform Fee and that in exchange a substantial value to you is the relationships you make with other Users when you identify or are identified by another person through the Site or Site Services

You agree to notify us immediately if a person suggests to you making or receiving payments other than through the Site in violation or if you receive unsolicited contact outside of the Site. If you are aware of a breach or potential breach of this non-circumvention agreement, please submit a confidential report here.

12. RECORDS OF COMPLIANCE

Users will each create and maintain records to document (a) satisfaction of their respective obligations under this Agreement, including, without limitation, their respective payment obligations and compliance with tax and employment laws, and (b) related to sessions for which you are paying or getting paid. Nothing in this subsection requires or will be construed as requiring Krsh to supervise or monitor a User’s compliance with this Agreement, the other Terms of Service. You are solely responsible for creation, storage, and backup of your work records. This Agreement and any registration for or subsequent use of the Site will not be construed as creating any responsibility on Krsh’s part to store, backup, retain, or grant access to any information or data for any period.

13. WARRANTY DISCLAIMER

THE SITE AND SITE SERVICES IS PROVIDED ON AN “AS IS, WHERE IS” BASIS WITHOUT ANY WARRANTY OR REPRESENTATION WHATSOEVER. KRSH DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM INCLUDING BUT NOT LIMITED TO ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES RESULTING FROM USE OF OR INABILITY TO ACCESS OR USE THE SITE OR ANY INACCURACY THEREIN. FURTHER, KRSH SHALL NOT BE LIABLE FOR CLAIMS/DAMAGES IN CASE OF ANY ERROR, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

YOU AGREE NOT TO RELY ON THE SITE, THE SITE SERVICES, ANY INFORMATION ON THE SITE OR THE CONTINUATION OF THE SITE.

KRSH MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED AS TO THE RESULTS TO BE OBTAINED BY ANY USER FROM THE SITE OR SITE SERVICES. KRSH MAKES NO EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS OR SUITABILITY OR AVAILABILITY FOR A PARTICULAR PURPOSE OR USE WITH RESPECT TO THE INFORMATION OR ITS CONTENT/SERVICES. SITE SERVICES IN GENERAL ARE NOT ERROR-FREE AND THE CUSTOMER AGREES THAT THE EXISTENCE OF SUCH ERRORS SHALL NOT CONSTITUTE A BREACH OF THIS AGREEMENT.

14. INDEMNIFICATION AND LIMITATION OF LIABILITY

The USER shall defend, indemnify and hold Krsh harmless from and against, any and all suits, actions and proceedings, claims, liabilities, losses, damages, costs and expenses, including reasonable outside attorneys’ fees, arising directly or indirectly in connection with:

a) Technical issue or disruption in our Site or Site Services
b) Viruses or malicious software obtained by accessing or linking to our Site or Site Services
c) The content, actions, or inactions of Users or third parties’ use of the Site or Site Services
d) Disclosure of confidential information to any third party except with the written prior consent of the disclosing party
e) Actions taken with respect to your Account such as suspension or hold on disbursal of funds
f) Your reliance on User Content, or any material loss from User Content

15. AGREEMENT TERMS

15.1 AGREEMENT TERMINATION

Unless both you and Krsh expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to [email protected] In the event you properly terminate this Agreement, your right to use the Site and Site Services is automatically revoked, and your Account will be closed.

You acknowledge and agree that the value, reputation, and goodwill of the Site depend on transparency of User’s Account status to all Users, including both yourself and other Users who interacted with you. You therefore agree as follows: YOU AGREE THAT KRSH WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.

15.2 AGREEEMENT SURVIVAL

After this Agreement terminates, the terms of this Agreement and the other Terms of Service that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the provisions requiring audits, protecting intellectual property, requiring non-circumvention, indemnification, payment of fees, reimbursement and setting forth limitations of liability each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you or Krsh from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

Krsh, in its sole discretion and as permitted or required by law, and to maintain Site Services, may retain some or all of your Account information.

15.3 MODIFICATIONS; WAIVER

No modification or amendment to the Terms of Service will be binding upon Krsh unless they are agreed in a written instrument signed by a duly authorized representative of Krsh or posted on the Site by Krsh. Email will not constitute a written instrument. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this User Agreement.

15.4 SEVERABILITY; INTERPRETATION

If and to the extent any provision of this Agreement or the other Terms of Service is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof will be ineffective as to the jurisdiction in which it is illegal, invalid, or unenforceable to the extent of its illegality, invalidity, or unenforceability and will be deemed modified to the extent necessary to conform to applicable law so as to give the maximum effect to the intent of the parties. The illegality, invalidity, or unenforceability of such provision in that jurisdiction will not in any way affect the legality, validity, or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction.

15.5 FORCE MAJEURE

The parties to this Agreement will not be responsible for the failure to perform, or any delay in performance of, any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other conditions beyond the reasonable control of such party.

15.6 PREVAILING LANGUAGE AND LOCATION

The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The Site is controlled and operated from our facilities in the India. The Agreement falls under the Jurisdiction of Delhi, India.

15.7 ACCESS OF THE SITE OUTSIDE THE INDIA

Krsh makes no representations that the Site is appropriate or available for use outside of the India. Those who access or use the Site from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable foreign, Indian, state, and local laws and regulations, including, but not limited to, export and import regulations, including the Export Administration Regulations maintained by the SEBI and RBI. You must not directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end user without obtaining any and all required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving Indian origin products, including services or software.

15.8 CONSENT TO USE ELECTRONIC RECORDS In connection with the Site Terms of Use, you may be entitled to receive, or we may otherwise provide, certain records from Krsh or our Affiliates, such as contracts, notices, and communications, in writing. To facilitate your use of the Site and the Site Services, you give us permission to provide these records to you electronically instead of in paper form.