Terms and Conditions - Kafqa Academy

6.1. To avail the Services and access to the Platform, You must provide Your mobile phone number. The mobile phone number shared by You, will be verified by Us using a One Time Password (“OTP”). Upon You successfully verifying the mobile phone number, an account will be created for You (“Account”). Your Account is for Your personal use only. You may not impersonate anyone else. Each time You log into the Account with Your registered mobile phone number and verify it using an OTP, You confirm the acceptance of these Terms. Further, You shall not assign Your rights and responsibilities pursuant to the Agreement to any third party.

6.2. By registering for an Account, You represent, warrant, and agree that:

6.3.You further agree that You will be solely responsible for managing and updating Your information on the Account and for the security of Your Account.

6.4.You also agree that You will be solely responsible for any activities conducted on or through Your Account regardless of whether or not You are the individual who undertakes such activities. This includes any unauthorized access and / or use of Your Account.

6.5.If You wish to discontinue using Your Account, or if You become aware of any loss, theft, or unauthorized use of Your Account, please notify Kafqa immediately by sending an e-mail to [Email].

6.6. You release and hold harmless Kafqa from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized access or use of Your Account.

6.7. If You are dissatisfied with the Platform/ Services, Your sole remedy is to discontinue using the Platform/ Services.

7.1. “Payment Method” means a payment method that You have added to Your Kafqa Account, such as but not limited to credit card, debit card, Paytm, Google Pay, PayPal etc.

7.2. The Customer agrees to pay Kafqa for any confirmed bookings of Services (“Fees”) in accordance with these Payments Terms by one of the Payment Methods supported by the Platform.

7.3. The Customer hereby authorize the collection of such amounts by charging the Payment Method provided as part of requesting the booking, directly by Kafqa, via a third-party online payment processor or by one of the Payment Methods available on the Platform.

7.4. If Kafqa is unable to collect any amounts You owe for a confirmed booking Kafqa may engage in collection efforts to recover such amounts from You. You hereby explicitly agree that all communication in relation to amounts owed will be made through the Platform, by electronic mail or by phone, as provided to Kafqa by You. Such communication may be made by Kafqa or by anyone on their behalf, including but not limited to a third party collection agent.

7.5. Please note that Kafqa cannot control any fees that may be charged to a Customer by his or her bank related to Kafqa’s collection of the Fees, and Kafqa disclaims all liability in this regard. Whatever Payment Method You use may be subject to additional terms and conditions imposed by the applicable third-party service provider; please review such terms and conditions before using Your preferred Payment Method.

7.6. Payment Processing Errors: We will take steps to rectify any payment processing errors that We become aware of. These steps may include crediting or debiting (as appropriate) the same Payment Method used for the original payment by You, so that You end up receiving or paying the correct amount.

7.7. All Taxes as per law shall be applicable to the Fee payable by the Customer.

8.1.Customer can cancel a confirmed booking as per the cancellation policy..

8.2. In certain circumstances, Kafqa may decide, in its sole discretion, that it is necessary to cancel/ reschedule a confirmed booking and make appropriate alternative arrangements. This may be for reasons set forth in Kafqa’s policy or (i) where Kafqa believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Kafqa, other Users, Instructors, third parties or property, or (ii) for any of the reasons set out in these Terms.

8.3. In case of cancellation of a booking in its entirety within the cancellation period mentioned in the cancellation policy, User shall be entitled to a pro rata refund within 7 to 10 working days from the date of cancellation. In case of a no-show/ absence on part of the Customer, there will be no refunds.

8.4. All refunds shall be processed as per the discretion of Kafqa.

9.1. Kafqa may, at its sole discretion, enable Users to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Kafqa Platform (“User Content”); and (ii) access and view User Content and any content that Kafqa itself makes available on or through the Kafqa Platform, including proprietary Kafqa content, User content created during the course of rendering the Offline Services and any content licensed or authorized for use by or through Kafqa from a third party (“Kafqa Content” and together with User Content, is referred to as “Collective Content”).

9.2. The User shall have the option in the Platform to request Kafqa to edit the User Content. By selecting the option available on the Platform the User gives Kafqa the right to edit the User Content.

9.3. Kafqa Platform, Kafqa Content, and User Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of India and other countries.

9.4. Kafqa Platform and Kafqa Content, including all associated intellectual property rights, are the exclusive property ofkKafqa and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Kafqa Platform, Kafqa Content or User Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Kafqa used on or in connection with the Kafqa Platform and Kafqa Content are trademarks or registered trademarks of Kafqa in India and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Kafqa Platform, Kafqa Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

9.5. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Kafqa Platform or Collective Content, except to the extent You are the legal owner of certain User Content or as expressly permitted in these Terms. No licenses or rights are granted to You by implication or otherwise under any intellectual property rights owned or controlled by Kafqa or its licensors, except for the licenses and rights expressly granted in these Terms.

9.6. Subject to Your compliance with these Terms, Kafqa grants you a limited, non-exclusive, non- sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Kafqa Platform and accessible to You, solely for Your personal and non-commercial use.

9.7. By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Kafqa Platform or by availing the Offline Services, You grant to Kafqa a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content and content created from the Offline Services to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content and content created from the Offline Services including but not limited to providing and/or promoting the Kafqa Platform, in any media or platform.

9.9. You are solely responsible for all User Content that You make available on or through the Kafqa Platform. Accordingly, You represent and warrant that: (i) You either are the sole and exclusive owner of all User Content that you make available on or through the Kafqa Platform or you have all rights, licenses, consents and releases that are necessary to grant to Kafqa the rights in and to such User Content, as contemplated under these Terms; and (ii) neither the User Content nor Your posting, uploading, publication, submission or transmittal of the User Content or Kafqa’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

9.10. The User, irrevocably and unconditionally grants and confirms to the Kafqa, its successors, assignees and licensees in respect to the User Content, all consents (if any) required under the CopyrightAct, 1957 (“the Act”) and all other laws now or in future in force in any part of the world which may be required in respect User Content for the exploitation by Kafqa, its successors, assignees and licensees of the User Content whether or not by means of the Kafqa’sPlatform in any and all media by any and all means now known or developed in the future for the full duration of the rights acquired by the Kafqa pursuant to this Agreement pursuant to the laws in force in any part of the world.The rights available to Kafqa would include the right to produce, market,distribute, exploit and utilize the rights in User Content in such manner as Kafqa may deem fit, including but not limited to the right to vend, copy, publish,reproduce, record, transmit, broadcast by radio and/or television, perform, photograph with or without sound, including spoken words, dialogue and/or music synchronously recorded and to communicate the same by any means now known or from now on devised, either publicly and for profit, or otherwise and use, edit, add to, subtract from,arrange, revise, adapt, rearrange, make variations to the User Contentor any part of it,dub the User Content into any and all languages, change the title of the same, record the same with or without the spoken words, and dialogue inconnection with commercial advertising or the publicity of the courses, User Content whether or not manufactured, produced, distributed by the Kafqa or not, use thisUser Content or any part of it in connection with works wholly or partially independent of the courses,adaptations and sequels in any and all languages of the User Content in the production and exploitation of any, documentaries, advertising films, as also the exploitation onstage, radio, television, video cassettes, VCD, DVD, 35 mm, 16mm, Super 8, 8mm, cableT.V., terrestrial T.V., satellite T.V., pay T.V., internet and/or through any other media,whether existing or which may hereafter be introduced in the futureand to obtaincopyright therein throughout the world.

9.11. The User has irrevocably and unconditionally waived all rights relating to theUser Content to which the User is now or may in the future be entitled to pursuant to the provisions of the Act to which the User may be entitled to under any legislation now existing or in future, enacted in any part of the world and hereby agrees not to institute, support, maintain or permit any action or lawsuit on the ground that the User Content produced or exploited by the Kafqa in any way constitutes an infringement of any rights of the User.

The Customer access to the Platform shall be suspended on complaints raised and reports filed by other Customers/ Instructors or non-adherence to the Terms,.

On suspension of access the Customer shall no longer be able to access the Platform or avail the Services and shall be entitled to no refunds.

Kafqa welcomes and encourages You to provide feedback, comments and suggestions for improvements to the Platform / Services (“Feedback”). You may submit Feedback by emailing Us, through the ‘[Email]’, or by other means of communication. Any Feedback You submit to Us will be considered non-confidential and non-proprietary to You. By submitting Feedback to Us, You grant Us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to You.

Kafqa’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

When You visit the Platform, We receive the Internet protocol (IP) address of Your computer, operating system information, browser information and name of Your ISP. This information used to improve Our service offerings, We are also legally accountable to pass the same information to legal authorities when requested. We also have advanced web analytics, which provides information such as the URL of the site from which You came and the site to which You are going. Kafqa information collection and use policies with respect to privacy of such information are set forth in the Privacy Policy available at https://www.kafqa.com/terms-and-conditions.

If You choose to use the Kafqa Platform or Kafqa Content, You do so voluntarily and at Your sole risk. The Kafqa Platform and Kafqa Content is provided “as is'', without warranty of any kind, either express or implied. You agree that You have had whatever opportunity you deem necessary to investigate the laws, rules, or regulations that may be applicable to the Kafqa services You are receiving and that You are not relying upon any statement of law or fact made by Kafqa relating to the Services. You agree that some Services may carry inherent risk, and by participating in those Services, You choose to assume those risks voluntarily. You assume full responsibility for the choices You make before, during and after Your participation. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the minimum extent permitted by law.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, KAFQA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. KAFQA DOES NOT WARRANT THAT THIS PLATFORM, ITS SERVERS, OR EMAIL SENT FROM THE KAFQA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. KAFQA WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of Your access to and use of the Kafqa Platform and Kafqa Content, Your booking of any Services via the Kafqa Platform remains with You. Neither Kafqa nor any other party involved in creating, producing, or delivering the Kafqa Platform orKafqa Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of business, loss of education, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Kafqa Platform or Kafqa Content, (iii) from any communications, interactions or meetings with other Users/ Instructors Or other persons with whom you communicate, interact or meet with as a result of Your use of the Kafqa Platform, or (iv) from Your booking of the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Kafqa has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will Kafqa’s aggregate liability arising out of or in connection with these Terms and your use of the Kafqa Platform including, but not limited to, from your booking of any Service via the Kafqa Platform, or interactions with any other Customers/ Instructors, exceed the amounts You have paid or owe for bookings via the Kafqa Platform as a Customer in the three (3) month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Kafqa and You. Kafqa shall not be liable for any indirect or unforeseeable damages caused to the Users under any given circumstances.

Among other things, Kafqa does not guarantee that:

No guidance or information, written or oral, obtained from Kafqa or via the Platform/ through the Services, shall constitute any warranty, which has not specifically been stated in these Terms. Kafqa has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Services, (ii) the truth or accuracy of any Service descriptions, ratings, reviews, or other User Content (as defined above), or (iii) the performance or conduct of any User/ Instructor or third party.

Due to the nature of the Internet, and the nature of Services Kafqa cannot guarantee the continuous and uninterrupted availability and accessibility of the Kafqa Platform to avail the Online Services . Kafqa may restrict the availability of the Kafqa Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of Our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Kafqa Platform. Kafqa may improve, enhance and modify the Kafqa Platform and introduce new Kafqa Services from time to time.

Kafka cannot guarantee the continuous and uninterrupted availability and accessibility for the Offline Services at the studio.In case of any unforeseen or unpredictable events that prevents Us from providing the Offline Services at the studio, We may at our sole discretion provide the Offline Services as Onilne Services over the Kafqa Platform

You agree to release, defend (at Kafqa’s option), indemnify, and hold Kafqa and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) Your breach of these Terms or our policies or standards, (ii) Your improper use of the Kafqa Platform or any Kafqa Services, (iii)Your interaction with any other Customers/ Instructors, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or (iv) Your breach of any laws, regulations or third party rights.

These Terms shall be governed by the laws of India. You agree that Kafqa is solely based in India, and nothing shall give rise to personal jurisdiction over Kafqa in jurisdictions other than Bangalore, India and You shall not raise any claims against Kafqa in any court or forum in any jurisdiction other than Bangalore, India. Any claim or dispute between the User and Kafqa will be entertained and tried solely and exclusively by a court of competent jurisdiction located in Bangalore, India and no other place whatsoever.

All notices or demands to or upon Kafqashall be effective if in writing and shall be deemed to be duly made when sent to Kafqa Ventures Private Limited, 1st Floor, #36/5, Hustle Hub Tech Park, 27th main road, Sector 2, HSR Layout, Bangalore - 560102.

All notices or demands to or upon a User(s) shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax, phone number or email address provided by the User(s) on the Platform, or by posting such notice or demand on an area of the Platform that is publicly accessible

Notice to a User(s) shall be deemed to be received by such User(s) if and when the Platform is able to demonstrate that communication, whether in physical or electronic form, has been sent to such User(s), or immediately upon Platform’s posting such notice on an area of the Platform that is publicly accessible.

If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, that portion shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision. The remainder of the Terms shall continue in full force and effect.

We will send You information relating to Your Account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices)and the Services through Your registered mobile no via sms, whatsapp and in electronic, for example via emails to Your email address provided under the Account.

Kafqa shall not be liable for any damages whatsoever arising out of force majeure or other similar circumstances, directly or indirectly affecting Kafqa and / or the Platform/ Services. Examples of force majeure events are real or potential labour disputes, governmental actions, war or threat of war, sabotage, civil unrest, demonstrations, fire, storm, flooding, explosion, pandemic, epidemic, earthquake, provisions or limitations of materials or resources, inability to obtain the relevant authorization, accident, and defect in electricity or telecommunication network. Force majeure or other events beyond Kafqa’s control hindering, delaying or complicating the maintenance of the Platform/ rendering of the Services entitles Kafqato suspend or limit the Platform/ Services until further notice.

23.1. Headings for any section of the Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.

23.2. Kafqa shall have the right to assign its obligations and duties in this Agreement to any person or entity.

23.3. All telephonic calls to Kafqa will be kept completely confidential. However, Your call may be recorded to ensure quality of service. Further, for training purposes and to ensure excellent customer service, calls from Kafqa to the User or from the User to Kafqamay be monitored and/or recorded.

23.4. Manjunath Hadagali is the designated Grievance Officer in respect of the Platform. Any complaints or concerns with regards to any content on the Platform or any breach of this Agreement or Privacy Policy can be directed to the designated Grievance Officer in writing at contact@kafqa.com. or through an email signed with electronic signatures sent to contact@kafqa.com..

23.5. The Grievance Officer shall acknowledge the complaint within twenty-four (24) hours and dispose off such complaint within a period of fifteen (15) days from the date of its receipt.