By accessing this platform (''The Platform") – https://www.KKALA.in, which is developed, operated and maintained by Kailash Kher Academy for Learning Art Private Limited (hereinafter referred to as ''The Company"), a company incorporated under the Companies Act, having registered office at 172, Aram Nagar Part II, Versova Road, Near Gurudwara, Andheri West, Mumbai 400061, Maharashtra, India., you agree to be legally bound by the following terms and conditions and other incidental or related aspects for use.
"we", "our" and "us" means "the company"; "you" and "your" means any person who accesses and uses this Platform;
It is strongly recommended to you to visit this page periodically to review the most current version of the Terms and Conditions. The company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this platform signifies your acceptance of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms or become dissatisfied with the platform in any way, you should immediately terminate use of the platform.
This Terms and Conditions/Agreement is an Electronic Record published in terms of Information Technology Act, 2000 of India and generated by a computer system and does not require any physical or digital signatures and is in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 issued under the aforesaid Act.
By using these Products, Software, Services and the Platform (hereinafter referred to as Services), you hereby confirm to having accepted the Agreement, with immediate effect.
If you do not agree to the aforesaid paragraph, please do not proceed further on this Platform.
If this Agreement conflicts with any other document(s), this Agreement will override and supersede such other document(s) and in case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use), the specific provisions of Part B shall prevail. Apart from it, all the terms and conditions which are obligatory to or binding on you will be applicable.
To the extent that any provision of this Agreement is found to be invalid, unlawful or unenforceable you agree that the courts at Mumbai shall have exclusive jurisdiction over the matter and shall endeavor to give effect to the Parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.
Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of the company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The company reserves the rights to take actions against any/ every breaches to this agreement at its sole discretion..
Except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement, subject to the specific provisions herein, between you and the company and governs your use of the Platform and the Services, superseding any prior agreements or any communication written or oral by any mode between you and the company with respect to the Platform and/or the Services.
Kailash Kher Academy for Learning Art Private Limited provides the SERVICEs of online music related learning courses and other incidental services related to that. We enable users to access an online platform where Users can have access to educational and informative content that has been created and reproduced for training and learning.
In course of providing user-friendly and hassle-free service/experience to the user and to provide end services, the company may be using third-party services. In such case, direct or indirect integrations will be made with such associated third-party service providers to render certain services.
Any data provided by you shall be used preliminary for this purpose or any other purpose connected to fulfill the above purpose or to enhance the user experience.
Registration with the Platform is by way of creating user ID. You are solely responsible and liable for the veracity and accuracy of all personal and other details furnished by you as well as for authentication of all documents uploaded by you at the time of registration with the Platform.
You hereby agree that the company may contact you either electronically, through phone or through its online and offline centers or associates, to understand your interest in the selected products and services and to fulfill your demand. You also agree that the company /the platform reserves the right to make your details available to its partners and affiliates and you may be contacted by such partners and affiliates for information through email, telephone, SMS and/or any other mode of communication.
You hereby specifically grant a consent to receive, Transactional or Service Explicit/Implicit communications, promotional materials and/or special offers from the company through email, SMS and/or any other mode of communication.
You acknowledge and agree that the company owns all legal rights, titles and interests in and to the Platform and the Services offered herein, including any intellectual property rights which subsist in the Platform, technology, other intellectual property rights and/or the Services (whether those rights are registered or not, and wherever in the world those rights exist). All the content displayed on the Site is the sole property and is in the exclusive right, title and ownership of the Company. The copyright exists in the content on the Site as well as the Site itself is and shall always remain in the sole custody, possession, control and ownership of the Company. Copyright for this purpose includes registered as well as any unregistered copyright. You further acknowledge that the Platform/Services may contain information which is designated confidential by the company and that you shall not disclose such information without the company's prior written consent. You may not copy, create a derivative work from, modify, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Platform and/or the Services.
The trademarks, logos, designs and service marks ("Marks") displayed on this Site are the property of the Company and shall always remain the sole property of the Company. Trade marks and domain name of the Site also vests with the Company. Trade marks that have been applied for registration and the unregistered trademarks shall also be the sole property of the Company. You do not have the right to use any of the company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services or on the Platform. You will not copy or transmit any of the Services, components of service, data, details or information. You are strictly prohibited to modify, copy, alter, change, distribute, display, publish, transform, transfigure and/or mutate any part of the Platform and/or the Services.
Company’s websites (current as well as any other launches of future) respect the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. Users shall be equally bound by confidentiality clauses and all other applicable clauses towards maintaining the sanity of the meaning of the clauses mentioned in this agreement, not only towards the company but also towards the respective content providers, source code providers, service providers, third party etc., but not limited to.
The company grants you a limited license to access and make use of the Platform, the Products/Services offered purely for commercial purpose only.
This license does not include copying of or using of any kind of information or in any forms such as extract or reformatted for the benefit of another individual, vendor or any other third party; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in the company's sole discretion) an unreasonable or disproportionately large load on the company's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
You may not bypass any measures used by the company to prevent or restrict access to the Platform and/or the Services. Any unauthorized use by you shall terminate the permission or the limited license granted to you by the company and shall entail charges of compensation to be paid by you as may be determined by the company.
By using the Platform you agree not to:
The company's display on or through the Platform of any product options or by any other mode of communication (whether public or private) offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of the company of any such third parties or of their products. The company does not, through its Platform display, content or in any other manner, provide any recommendation, opinion or advice to you on the third parties or their products. You agree that the company and the Platform is in no way responsible for the accuracy, timeliness or completeness of information it may obtain from these third parties. It is specifically clarified that the only role that the company is playing through its Platform is as mentioned in the services / purpose and any interaction with such third party introduced through the Platform is at your own risk, and the company will have no liability or responsibility with respect to the acts, omissions, errors, representations, warranties, breaches or negligence of any such third parties or for any personal injuries, death, property damage, non-performance, delays, defaults, any loss of business or profit or other damages or expenses resulting from your interactions with such third parties.
You hereby undertake and confirm that the information and data furnished by you to the platform is true and correct. Pursuant to this agreement, you acknowledge and confirm that you have consented to share sensitive data provided by you with platform as well as any partners of the platform in future. By registering and proceeding with the Application, you hereby authorize the platform and give your consent for the purposes as may be envisioned by platform from time to time.
The company controls and operates this Platform from its headquarters in Mumbai, (Maharashtra), India. Company makes no representation that the Services offered on the Platform may be appropriate across demographics / age, along with its service delivery assurance. If you use this Platform from other locations/jurisdiction, you are responsible for compliance with applicable local laws (including the taxation aspect, Fiscal and Economic Laws) and regulations including but not limited to the export and import regulations of other countries. Unless otherwise explicitly stated, all marketing or promotional materials found on this Platform are solely directed to individuals, companies or other entities interested to getting on boarded onto platform for the services as may be enlisted therein from time to time. By agreeing to these terms and conditions of use, you confirm and undertake that neither you nor any of your representatives shall have the right to challenge the governing law and jurisdiction as more specifically set out herein and/or in Part B (Special and Additional Terms and Conditions) as the case maybe.
The company does not claim ownership and/or usability/suitability of any information, data, documents and/or materials ("Materials") of any kind made available by you through the Platform. At the company's sole discretion, such Materials may be included in the Services in whole or in part or in a modified form. With respect to such Materials, you submit or make available for inclusion on the Platform, you grant the company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Materials or any part thereof (as well as use the name that you submit in connection with such submitted content) unless specially agreed otherwise by the company.
You hereby represent, warrant and covenant that any Material you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant the license specified in this Section. In case any liability arises on the company then you shall be solely liable and shall indemnify the company. We take no responsibility and assume no liability for any Material and its content posted or submitted by you. We have no obligation to post your Material or comments; we reserve the right in our absolute discretion to determine which Material/comments are published on the Platform. If you do not agree to these terms and conditions, please do not provide us with any Material/content for submission. You agree that you are fully and solely responsible for genuineness, veracity and authentication of the Material and content you submit.
You are prohibited from posting or transmitting, including but not limited to the following, to or from this Platform:
Apart from the above four mentioned clauses, this section also includes all the clauses (related to uploading and usage of content on/to platform) mention under title "Platform-Provided Message Postings (Including Forum)" in the document below.
Any noncompliance/breach/infringement of the above shall entitle the company to take strict actions as it deems fit against you. You shall be solely liable for any damages, claim, costs and expenses resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform.
The company and its Partners, Subsidiaries, Joint Ventures, Associates, Officers, Directors, Employees, Representatives, Affiliates, and providers (hereinafter referred to ''The company's Associates") will not be responsible or liable for:
(a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:
(b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Platform or your downloading of any Service/content from the Platform.
You agree to indemnify, release and hold harmless the company and the company's Associates from any and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to your breach of this Agreement, your violation of any law or the rights of a third party, or your use of the Platform/Services.
When you use the Platform, you are communicating with the company electronically. You consent to receive communications from the company electronically. The company may communicate with you by email or by posting notices on the Platform or by phone or usually available means of communication.
You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Platform may provide users with the ability to post messages on the Platform. The Company is under no obligation to validate in any manner to review any messages, information, data or content ("Postings") posted on the Platform by users and assumes no responsibility or liability relating to any such Postings.
Notwithstanding the above, the Company may from time to time monitor the Postings on the Platform and may decline to accept and/or remove any Postings. You understand and agree not to use any functionality provided by the Platform to post content or initiate communications that contain:
This prohibition includes but is not limited to:
The Company May post blogs on its Platform, which may be written by the Company or its contributing authors. The Company Blogs and their contents are made available for informational and educational purposes only, and do not provide any legal, business, professional or tax advice. You agree and understand that your use of the company's Blogs does not create an attorney-client relationship, and the contents of the company's Blogs do not constitute legal advice. Information provided through Blogs may not reflect the most current legal developments and is not guaranteed to be correct, complete, up-to-date, or applicable to your particular transaction or situation. You should contact an appropriate professional for advice on your particular transaction or situation. The company and all contributing authors to Blogs expressly disclaim any and all liability to any persons or entities with respect to actions they take or do not take based on the contents of Blogs, and you agree that by visiting and viewing Blogs, the company, the company's Associates and the contributing authors to Blogs are not liable or responsible for the contents of the blogs.
The information provided and comments posted in Blogs are exclusively the personal views of the authors, unless otherwise attributed. Information and comments provided through Blogs do not necessarily represent the views of the company or Blog editors and should not be attributed to them unless expressly indicated. The posting of an item on Blogs does not mean that the company or Blog editors approve or disapprove of the selection or contents of that item.
The text, graphics, and their selection and arrangement on Blogs are the copyrighted works of the company and/or its licensors, as applicable. All rights are reserved.
No articles on the Blog may be reproduced without the express written permission of the company. If the company does grant permission to a Platform to reproduce a portion of an article, the text must be accompanied by a link to the full article on the Blog. The text must also be accompanied by a statement asserting that the text has been reproduced with the permission of the company. The company may terminate a grant of permission at any time if it determines that such grant is no longer in the best interests of the company. To obtain a permission to reproduce the id kindly write to the email id as mentioned in Contact us Segment of Platform.
The Platform or third parties may provide links to other World Wide Web sites or third-party resources. Such third-party contents and links are provided solely for your convenience and information only. As the company has no control over such sites and resources, you acknowledge and agree that the company is not responsible for the availability of such third party external sites or resources, and does not endorse and is not responsible or liable in any manner whatsoever for any such third party content, advertisements, products or other materials on or available from such third party sites or resources. You further acknowledge and agree that the company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party content, goods or services available on or through any such third party site or resource.
Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized individuals attempting to access or accessing these areas of the Platform may be subject to prosecution and/or legal action under the applicable laws.
Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.
Telephone calls that you make to our customer service help line on the numbers mentioned in the Contact Us section of the Platform or calls made by our support desk may be monitored or recorded. This will help us to train our staff and improve our services to you. A recording will only be used under proper and careful supervision. Our customer service help line is available on the times notified in the Contact Us section of the Platform. Your telecom provider will charge you at local rates for calls made to non-tollfree numbers. Any solicitation talks shall not be entertained and you as a user of the Platform are bound to maintain the dignity as a tele-talker. All rules and regulations as applicable to telephone calls/TeleTalks in this regard shall apply and you as a user are bound to comply with the same
Your feedback makes us better. Please feel free to share it with us. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future the company programs. Please do not reveal trade secrets or other confidential information in your messages to the company. Any and all rights to materials submitted to us become the exclusive property of the company. The company is not bound to act or implement any discretionary measures against any complaint/feedback received. However, the company in good faith shall use its best efforts to use the same in a positive way and shall endeavor to take reasonable efforts to improve/improvise the Platform to the extent possible. You will not be entitled to claim any consideration for the feedback shared by you in any manner whatsoever.
In addition to Part A of this Agreement, users who desire to access and use specific categories/sections on this Platform for the purpose of accessing the Services, are bound by such special and additional terms and conditions of use governing those categories/sections as more specifically defined in Part B of this Agreement. Users are mandatorily required to review, accept and confirm such special and additional terms and conditions before accessing and using the Services available in such specific categories/sections. By accessing these categories/ sections, you agree to be bound by any such special and additional terms and conditions. In the event the special and additional terms and conditions are inconsistent with any part or portion of Part A of this Agreement, the special and additional terms and conditions of Part B being specific in nature shall control and take precedence.
[In addition to the terms and conditions set out in Part A, these Special and Additional Terms and Conditions set out herein are applicable to the user. In Case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B will prevail.]
All registered users shall ensure compliance with the following terms and conditions at all times through the Platform of the company (the term shall hereinafter deem to include its third-party partners, employees, affiliates, agents and representatives where the context so requires):
All the details related to Refund and cancellation segment have been enlisted in detail under separate section/ document on the platform.
However, if such information is shared with any third parties such party shall be responsible for maintaining the confidentiality of the same as per the applicable laws and shall be liable in case of any breach.
The Platform shall have the right to share the user information with the 3rd parties, service provider, regulatory and/or statutory authorities and/or any other agency as maybe required under applicable laws as well as with its partners, employees, alliances, affiliates, agents and representatives on need to know basis.
All information shared by third parties with the user on the Platform shall also be treated as confidential information (unless the same is available in public) and the user shall take appropriate and reasonable measures in its system to protect the same at its end. Any breach or negligence in this regard at the user’s end leading to any third party claims on the user, the company and/or the Platform shall be handled and settled by the user at its own cost and expense and the company shall not be responsible or liable for the same.
A breach or noncompliance of these Special Terms and Conditions by the user can cause severe and irreparable loss and damage to the company, the Platform and/or a third party. The company and the Platform reserve their right to recover all losses, costs and expenses incurred in case the users breach or fails to comply with any of the provisions of this Part B.
ArbitrationIf the disputing Parties are unable to amicably settle the Dispute in accordance with above, within the period specified therein, any party to the Dispute shall be entitled to serve a notice invoking this Clause and making a reference to arbitration.
The arbitration shall be conducted and managed by the Arbitration and Conciliation Act 1996 as amended from time to time and as in force. All disputes and questions whatsoever which shall arise either during the currency of this Agreement or afterwards, between the Parties concerning this Agreement to a single Arbitrator in case the Parties agree upon one. Otherwise each party will appoint one Arbitrator within fifteen (15) days and both the arbitrators shall jointly appoint the presiding arbitrator within a period of ten (10) days. The panel of the three arbitrators shall attempt to resolve the Dispute within a period of thirty (30) business days from reference. The decision of the arbitrators shall be final and binding on the Parties.
The place of arbitration shall be Mumbai (India) and all arbitration proceedings shall be conducted in the English language. Judgment upon any arbitral award rendered hereunder may be entered in court, having the above jurisdiction at Mumbai, or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
The Courts at Mumbai, India shall have sole and exclusive jurisdiction on all questions relating to the validity of the arbitration provisions and the law governing interpretation of these arbitration provisions.
Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a ZERO COMPLAIN (from any jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein.
Notwithstanding the above, you hereby accept that by agreeing to these Terms and Conditions of Use that neither you nor any person acting for and on your behalf shall raise a Zero Complain/ Zero FIR (from any Jurisdiction) and you hereby accept and bind yourself to the dispute resolution and jurisdiction clause as set out herein and/or in the Special and Additional Terms and Conditions as the case maybe.
The company reserves the right to discontinue or alter any or all of website services, and to stop publishing website, at any time at company’s sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
To the maximum extent permitted by applicable law, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
Offers: Company may from time to time publish various offers for a limited frame of time. The periodicity of such offers shall be at sole discretion of the company. The offers validity period shall be strictly mentioned therein and applicant shall be bounded by such offer terms from time to time. Refunds, if applicable, shall be clearly mentioned in the respective offer/s. Existing students will not be eligible for offers related to already purchased courses and/or packages; however, such student can be eligible for offers related to new courses and/or packages. These offers may contain Pre-Registration Offers which are for a limited period, valid for up to 6 months from (Start Date). Pre-registration amount shall be fully refundable, subject to cancellation made on or before offer period.
Fees: Company shall publish course wise fees, from time to time. KKALA management reserves the rights to revise the fees. The fees shall be collected in advance and there shall be no part payment of fees which shall be accepted. Unless explicitly specified, the fees published shall be exclusive of GST / applicable taxes, if any.
Pricing & Payment: Company shall use third-party payment processing service providers; You agree to provide payment for the Products in the stipulated currency and you will be liable to pay relevant conversion charges, if any. Access to products / course shall be subject to complete fees accrual in our account. Your payment includes the licensing of the Products for a limited period of time that is appropriate for the eLearning content. In case of failure from your end to complete the content/course within the allocated time, company shall not make any payment towards refund of the same, except at company’s absolute and sole discretion. As company reserves the right to review and change the pricing of any products at any point of time, such decision shall not impact pricing of ongoing student/ courses purchased by applicant.
Assess to the material: The start date to access course content will be 48 hours before course start date. Student shall responsibly complete the course within stipulated time as allocated to respective courses, failure to which student may have to purchase an extension at an additional rate and at discretion of KKALA management. The “effective start date” shall be considered as the start date of your course and/or Purchase date, whichever is earlier. Company shall try contacting you before 15 days of expiration of your course date for which you hereby provide company an unconditional and irrevocable consent to contact you for the same. Company will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Company shall take commercially reasonable steps to restore your full access within a reasonable period of time. Company reserves the rights for improvements or changes to the Products or any other materials, at any time without prior notification, in order to ensure that they are up to date and accurate.
Rights to Assessment & Admission: Company reserves the right to admission. Any registered user/ student etc., that may be found of any wrongdoings or breach of conduct under disciplinarian aspect, harassment, infringement, ill-behavior, creating ruckus etc., but not limited to, shall be immediately expelled from the registration, without any obligation on the company management to refund any amount. Further to such dismissal, KKALA reserves the right to pursue further legal actions against such student/ registration. Additionally, KKALA has set high standards in performance and wishes all its students to perform as per the benchmark set by KKALA management, from time to time. There shall be regular assessments carried out wherein KKALA management reserves the absolute and sole rights to assess students; The assessment may be conducted by their internal experts and/or external faculties. In case of student/ applicant/ registration incapable of clearing those assessments, KKALA management reserves the right to fail them and not provide them any progression certificate/ grades/ promotional upgrade to next level. There shall be no fees refund in such case of failure. The registration / applicant has clearly read, understood and accepted this term.
You hereby accept the above Special and Additional Terms and Conditions and agree to be bound by the same. Any breach, violation or non-compliance shall entitle the company, the Platform and/or its management/representatives to take necessary action against me/us. You hereby declare that you/ your guardian / your parent/s are of major age and an individual or an entity legally capable and compatible to enter into this Agreement / contract.
You acknowledge that you have read and have understood these Terms, and that these Terms and Conditions have the same force and effect as a signed agreement by you.