Kaladhwani policies

This page contains the following policies. We encourage you to go through these carefully if you are visiting the website and considering to leave your details with us.

Kaladhwani Terms of Use:

Effective from 1st June, 2020

INTRODUCTION

Kaladhwani, (the “NGO”) is a registered Trust (NGO) incorporated under the India Trust Act 1882 with Trust Number 358 and having its registered office at Delhi, India. The NGO owns and operates an online Website i.e. https://www.kaladhwani.com, that allows Students (refer 2.2) to learn Bharatanatyam by taking classes at Kaladhwani.

By accessing or using the website or by downloading any content from or on the Website, you would be indicating that you have read, and that you understand and agree to be bound by these terms and receive our Services (“Terms of Services” or “Terms”), whether or not you have registered with the Website.

Therefore, please read these Terms of Services before accessing or using the Website or downloading any content from or on the Website, carefully as they contain important information regarding your legal rights, remedies and obligations.

If you do not agree to these Terms, then you have no right to access or use the Website, Website, Applications or its Services.

If you are using the Website, Website, Application or Services then these Terms of Service are binding between you and the NGO.

DEFINITIONS

In addition to other words and expressions that may be defined elsewhere in this document, unless the context otherwise requires, the following capitalized terms wherever used in the Agreement shall have the meanings as ascribed hereunder:

• “Student” means a Member who has registered on the Website as a Student. In case of a minor student, this term refers to the parent or guardian who registers their child or ward as a Student.
• “Website” refers to https://www.Kaladhwani.com which is the primary website that the NGO owns and operates to provide and offer its Services.

TERMS OF SERVICE

This ‘Terms of Service’ is formulated and published pursuant to the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that requires the publication of Terms of Service and Privacy Policy for access or usage of a Website, app or related services. The NGO reserves the right to modify the terms contained in this Agreement at any time by posting such modifications on the Website without requiring any advance notice to you..

These Terms & Conditions set out the agreement in this regard between the NGO and the Students who are registered on the Website, as well as between the NGO and the Providers and Partners who are registered on the Website.

• TERMS APPLICABLE TO ALL USERS

  Subject to the User’s compliance with the terms hereof, the NGO hereby grants to each User a limited, non-exclusive, non-transferable, worldwide license, without the right to sublicense, solely for the purpose of enabling the User to use and enjoy the benefit of Services, in the manner permitted by these terms. The User shall not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may a User reverse engineer or attempt to extract the source code of that software, unless local laws prohibit those restrictions, or you have the prior written permission from the NGO. No User shall:

  1. use the Services except to the extent permitted above;
  2. modify or create any derivative work of any part of the Services;
  3. permit any third parties to use the Services; or
  4. market, sublicense, publish, distribute, reproduce, assign, transfer, rent, lease or loan the Service

  This Agreement is available to any person over the age of eighteen (18) years who visits the website as a Student. Persons below the age of eighteen (18) shall not be entitled to use the Website unless such use is through the User account of a parent or a legal guardian. In such a case, “Student” as referred to herein refers to the concerned parent or legal guardian (as the case maybe).

  Each User of the Website agrees and acknowledges the following:

  • The NGO should not be thought of as the authority and the final guide in your decision making. All decisions shall be taken at your own risk and volition, and subject to independent verification of the data provided on the Website.
  • The NGO at its sole discretion may edit, delete or block access to any Content. The NGO will however make reasonable efforts to inform you of the changes

• PAYMENT TERMS

  You agree to pay to the NGO any fees determined by the NGO at the time of signing up for the Services. You also agree that You will be solely responsible for payment of any and all statutory dues including but not limited to sales, use, import, export, value added or property tax, GST, duties or other amounts that arise in connection with Your use of the NGO’s Services.

• PERSONAL DATA AND OTHER INFORMATION MADE AVAILABLE ON THE WEBSITE

  The User shall read and understand the Privacy Policy available on this page, so as to ensure that he or she has the knowledge of, (i) certain information that may be collected by the Website; (ii) the purpose of collection and the use that such information is put to; and (iii) the entity that collects and retains the information etc.

  • The NGO is not responsible for the authenticity of the personal information or personal data that is supplied by a User on the Website. The User shall be obligated to intimate the NGO regarding any misuse or suspected misuse of his/her user Account information.
  • Where a User provides information that is not authentic or is incomplete, the NGO may at its sole discretion discontinue providing the Services to that User by disabling his/her User Account.

  Each User represents and warrants to the NGO that the content shared by them to the NGO shall not infringe the intellectual property rights of any person.

CONTENT AND INTELLECTUAL PROPERTY TERMS

The proprietary rights to all information that is created by the NGO and made available on the Website shall belong to the NGO alone. Unauthorized use of any content or material that is available on the Website may violate intellectual property rights of other parties. You shall use the content on this Website only for personal, non-commercial use. Any links to third-party websites that are provided on the Website are for convenience and do not amount to the NGO being responsible, in any manner, for such third party websites and their content. You may use such third party content at your own risk.

The Website shall not be used by you for any illegal or unlawful purpose. Your use of the Website shall be in compliance with all applicable laws and regulations. You shall not interfere or hinder the use of the Website by other Users or Users, and you shall not engage in transmission of "spam", chain letters, junk mail or any other type of unsolicited communication.

By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in a lawful manner. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from the NGO or the applicable third party (if content belonging to such third party is being used).

The NGO retains the right to remove from the Website any content that contravenes any of the above conditions.

CODE OF CONDUCT

If you are found guilty of misbehaviour in a class or sharing content that meets one of the following criteria, it will lead to an immediate removal from the course you have registered and/or permanent removal from the Website:

• Violate any law, statute, ordinance or regulation;
• defamatory, unlawfully threatening or unlawfully harassing;
• obscene or contain pornography;
• use of content that contain any viruses, trojan horses, worms, cancelbots or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.

DISCLAIMER OF WARRANTIES

Please note that your use of the Website and the services shall be at your sole risk. The NGO disclaims all warranties of any kind, whether express or implied, including, but not limited to non-infringement of third party rights with respect to the contents of the Website, or any reliance upon or use of the Website contents or the Services.

THE SITE, CONTENT, AND SERVICES ARE PROVIDED AS IS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESSED OR IMPLIED. IN NO EVENT SHALL THE NGO, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM THE USE OR THE INABILITY TO USE OUR SERVICES.

THE NGO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SERVICES, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITES, CONTENT OR SERVICES.YOU SPECIFICALLY ACKNOWLEDGE THAT THE NGO SHALL NOT BE LIABLE FOR 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.

Interruptions: The NGO (including its trustees, employees, agents and representatives) shall not be liable for any loss or liability resulting, directly or indirectly, from technical glitches or interruptions in the access of the Website due to electronic or mechanical failures, defects, weather, strikes, acts of God, riots or other like causes.

Inaccuracies: The contents published on the Website from time to time may include inaccuracies or human as well as mechanical errors, may be incomplete, and may be changed or updated from time to time at the sole discretion of the NGO. The NGO (including its trustees, employees, agents and representatives) make no representations about the suitability or use of the content and features of the Website for any particular purpose. IN NO EVENT SHALL THE NGO BE LIABLE TO A USER OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY OTHER DIRECT OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT THE NGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE WEBSITE OR OF ANY OTHER WEBSITES REFERENCED OR LINKED TO FROM THE WEBSITE OR Website. THE NGO SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND/OR SERVICES OFFERED THROUGH THE Website OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THE Website, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS OR PAYMENT OF ANY CONSIDERATION.

Further, the NGO makes no warranty that the content made available on the Website is complete, updated or accurate; or

LIMITATION OF LIABILITY

Except for the breach of confidentiality obligations, under no circumstances and under no legal theory, whether tort (including negligence), product liability, contract, or otherwise, shall the NGO be liable to you for any indirect, special, incidental, or consequential damages, even if you have been informed of the possibility of such damages

INDEMNIFICATION

You shall indemnify, defend and hold harmless the NGO as well as each of its representatives, employees, contractors, agents, officers, trustees from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses in relation to all claims arising out of (a) a breach of the obligations undertaken by you under the terms of this Agreement; (b) use or misuse by you of the Website content; (c) breach of any intellectual property or other proprietary rights of any person or entity; or (d) the inaccuracy or incompleteness of any information or data you supplied on the Website. If and when so required, the NGO may seek written assurances from you regarding your undertaking to indemnify the NGO, and your failure to provide such assurances would amount to a material breach of this Agreement. The NGO may participate in any legal proceedings where you are defending a third party claim related to your use of any of the Website. You shall notify the NGO of any third party legal proceeding that is initiated in relation to the Website or the Services, to which legal proceeding you are a party.

REDRESSAL OF GRIEVANCES

If you have any questions or grievances regarding the Website, or the contents thereof, you may reach out to the NGO Secretary ‘Radhika Kathal’ at [email protected] (the “Company Secretary”). The Company Secretary shall address any complaint or grievance that is raised by a User within a period of one (1) month from when it is raised.

USE OUTSIDE INDIA

Although the Website may be accessible worldwide, the NGO makes no representation that materials on the Website are appropriate or available for use in locations outside India or that the Website complies with the laws that are applicable in any jurisdiction that is outside India. Accessing the Website from territories where the content of the Website and/or the provision of the Services is deemed illegal is prohibited. Users accessing the Website from locations outside India do so at their own risk and are responsible for compliance with local laws that are applicable to them. Any offer for any Service, and/or information made in connection with the Website is void where prohibited.

MISCELLANEOUS PROVISIONS

Force Majeure. The NGO shall not be responsible for any cessation, interruption or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, pandemic, State imposed lockdown restrictions, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott. The NGO may at any time, in its sole discretion and without advance notice to you, cease operation of the Website.

Entire Agreement. This Agreement along with the Privacy Policy comprises the entire agreement between you and the NGO with respect to the use of the Website.

No Waiver. A delay or failure by the NGO to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

Notices: All notices given to you by the NGO or by you to the NGO shall be in writing and in the English language. Such notice shall be sent by e-mail or mailed by a prepaid internationally-recognized courier service to the intended recipient at the address set out below, or any changed address that is notified by either Party:

Notice to the NGO:

Kaladhwani
Plot No. 21, third floor, pocket-2,
Jasola vihar,behind apollo hospital,
New delhi - 110025
Email: [email protected]

Notice to User:

At the email address provided by you at the time of registration on the Website.

Governing Law Jurisdiction. This Agreement is governed by the provisions of Indian law, including but not limited to the following:

• the Indian Contract Act, 1872;
• the (Indian) Information Technology Act, 2000;
• the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011; and

This Website originates from the State of Delhi in India. This Agreement will be governed by the laws that are applicable in the State of Delhi. By using this Website, you consent to the jurisdiction and venue of the courts located in Delhi, India in connection with any action, suit, proceeding or claim arising under or by reason of this Agreement.

Termination. The NGO may terminate your access to the Website without any notice to you if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement.