TERMS OF SERVICE


1. GENERAL

In terms of Information Technology statutes, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures. This document is published in accordance with the provisions of Information Technology regulations that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of:
(a) You must read, agree with and accept all of the terms and conditions contained in this Agreement in order to use our Website located at khelacademy.com (the "Website") and related software and services (collectively with the Site, the "Khelacademy Platform")
(b) The Website khelacademy.com(hereinafter referred to as "Khelacademy ”), owned by Caper Academy Private Limited where such expression shall, unless repugnant to the context thereof, be deemed to include its respective legal heirs, representatives, administrators, permitted successors and assigns.
(c) By using the Website, You accept and agree to be bound by this Agreement, the Privacy Policy, as well as rules, guidelines, policies, terms and conditions applicable to any service that is provided by this Website, that shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Your use of this Website is evidence that You have read and agreed to be contractually bound by these Terms of Service and our Privacy Policy. Please read both carefully. The use of this Website by You is governed by this policy and any policy so mentioned by terms of reference. If you do not agree with any of these terms, please discontinue using the Website.
(d) We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the Website or avail any of its services without Service, including but not limited to compliance with the Terms of Service even after alterations, if any.

2. DEFINITIONS

a. "We", "Us", "Our", “Khelacademy Platform” shall mean Khelacademy the Website/the portal or the Company . b. “Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it. c. "You" or "User" shall mean any natural or legal person who has agreed to become a user of the EventsHigh Platform by signing up to the Website. The Khelacademy Platform also provides certain services without registration/acceptance, and such provision of services does not absolve You of this contractual relationship. This shall also include Organisers. d. "Customer" shall mean any User who shall utilize the Khelacademy Platform to request for Services to be performed by any Organiser. From time to time, Khelacademy may act as a Customer, and the terms and conditions of this Agreement applicable to Customers will apply to Khelacademy when acting in this way. e. "Organiser" means any enterprise or individual User utilizing the Khelacademy Platform to offer Services to Customers. f. "Contract" means a particular project or set of ongoing tasks for which a Customer has requested Services to be offered by a Organiser and the Organiser has offered on the Khelacademy. g. “Third Party” shall mean and refer to any individual(s), enterprise or entity apart from the Users and Khelacademy. h. "Services" shall mean and refer to the services offered on the site including but not limited to recreational, sporting and leisure activities and communications related services. i. "Organiser Fees" means a fixed fee which will be set by the Organiser for which the customer can avail the services offered and this fee will be non-negotiable. j. The terms “Party’ & ‘Parties” shall respectively be used to refer to the User and the Company individually and collectively, as the context so requires. The headings of each section in this Agreement are only for the purpose of organising the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value.

3. ONLINE WEBSITE PLATFORM

Khelacademy an online platform where users can find services, which shall include, but are not limited to setting out their preferences in relation to the activities they wish to partake in and Customers can book these services or learn about these Services. The Website works on the model of listing of Organisers and enabling them to showcase their profile. The Website also has a provision for the Users to provide their ratings and reviews on the quality of services. Khelacademy is a portal where the Organisers, both agencies and freelancers will claim their own work. The Website shall take the amount as per the invoice of the event and after deducting a certain amount as commission shall give the remaining amount to the Organiser. The portal only brings together the Organisers and Customers. The Users of the Website are also allowed to post questions or queries regarding certain events on the Platform and these questions shall be visible to the Users of the Website in general and the responses to such questions/queries shall also be public.

4. ELIGIBILITY

The User represents and warrants that he/she is competent and eligible to enter into legally binding agreements and that he/she has the requisite authority to bind himself/herself to these Terms, as determined solely by the provisions of the Indian Contract Act, 1872. The User may not use the Khelacademy Platform if he/she is not competent to contract under the Indian Contract Act, 1872, or is disqualified from doing so by any other applicable law, rule or regulation currently in force.

5. CONTENT

All information provided by Users are self-declared and not verified by Khelacademy. Any and all information posted by any User including but not limited to their photographs, videos, company name, Khelacademy has the right to use this Content for promotions or marketing purposes. Khelacademy allows users to contribute different kinds of Content, including reviews, photos and videos. You alone are responsible for Your Content posted on the Website. The User’s contributions to the Website should be unbiased and objective. Khelacademy does not and cannot review all communications or Content uploaded to the Site and is not responsible for the Content, quality, or consequences of your uploading such communications or Content. Notwithstanding the foregoing, Khelacademy shall delete/ remove/ modify/ block the content/ reviews if, the reviewer attempts to use any improper/ indecent/ abusive language or tries to defame any Organiser for private/ personal/ professional reasons. A User shall not use the Website in any way that causes, or may be likely to cause damage or impairment to the Website or in any manner harms the Company or any other person or entity (as determined by the Company in its sole discretion) or interrupt free access to it in any way. A User shall not use the Website to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any Content that: (a) belongs to another person and to which you do not have any right; (b) is grossly harmful, harassing, blasphemous defamatory obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (c) harms minors in any way.
(d) infringes any patent, trademark, copyright or other proprietary rights.
(e) violates any law for the time being in force.
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
(g) impersonates another person.
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website and/or the Services or any connected network or any computer resource, or otherwise interferes with any entity’s use or enjoyment of the Website and/or the Services. and
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insults any other nation.
(j) is posted for any fraudulent purpose. The User acknowledges and agrees that Khelacademy may use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any or all photographs, audio, video and text of Customer obtained through the Platform(s) to create marketing materials (collectively, "Content"), in whole or in part, in any manner or media as Khelacademy sees fit. Content related to business photos and videos should be broadly relevant to the business and reflect the typical consumer experience (e.g., what the business looks like, what the business offers, etc.).If You post a photo or video that showcases a more unique personal experience with a business, We may remove it from the photo gallery for the business, but it still may appear alongside Your review if you write one about the business. Guidelines for uploading photos and videos: • All User photos and videos should be broadly relevant to the Service and reflect the typical consumer experience (e.g, what the Service looks like, what the User offers, etc.). • If You post a photo or video that showcases a more unique personal experience with a business (e.g., your smiling group of friends at the bar, the fly in your soup), We may remove it from the photo gallery for the business, but it still may appear alongside Your review if You write one about the business. • Photos, Videos and depicting of imagery showing violence, drug use, nudity, near nudity, or suggestive acts shall not be uploaded. The Website shall delete any such Content. • Users shall not use their videos to disparage other businesses. Also Users shall not request or solicit reviews from other Users or respond to User reviews. Khelacademy reserves the right to delete, remove, modify refuse to accept or edit any communication or Content that it may determine, in its sole discretion, violates or may violate this Agreement, the intellectual or proprietary rights of others, any of its policies or is otherwise unacceptable in its discretion, and you hereby agree to forfeit any fees payable in respect of such Content to Khelacademy or as it may direct.

6. REGISTRATION

To fully avail the services of the Website and use it, registration is required. Users can register on the Website either as Customers or as Organisers and can also register themselves using their Facebook account. The Organisers shall upload their team, work and Customer profile after registration. Khelacademy shall approve the Users detailed profile after basic scrutiny of the Content and pictures. The Website, however, does not guarantee the authenticity of the claim of the work. The professionals seeking to provide reviews and ratings can do so only after their registration. One can register themselves on the Website by providing their username, email, password, first name and last name or may register using their social account. Not withstanding the aforesaid, an individual can visit the Website however to avail such service proper registration is required. Membership of this Website is available only to those above the age of 18 years. barring those “Incompetent to Contract” which inter alia include insolvents. If You are a minor and wish to use the Website, You may do so through Your legal guardian and Khelacademy reserves the right to terminate Your account on knowledge of You being a minor and having registered on the Website or availing any of its services. All information provided by the User, Customers and Organiser must be true, accurate and complete. Khelacademy reserves the right (but has no obligation) to verify any and all information provided on a User's profile. By registering on the Khelacademy Platform, the User is attesting that he/she/it has the skills and ability to perform the requested Services by the deadline stated in the job posting or agreed upon. The User is solely responsible for ensuring and maintaining the secrecy and security of his/her Khelacademy account password. The User agrees not to disclose this password to any third party and shall be solely responsible for any use of or action taken through the use of such password on Khelacademy.

7. TERM

These Terms shall continue to form a valid and binding contract between the Parties, and shall continue to be in full force and effect until the User continues to access and use the Khelacademy Platform. The Parties agree that certain portions of these Terms (“Sections”), such as Sections 15, 16, 17, 18, 19& 23, 24, 27 shall continue to remain in full force and effect indefinitely.

8. TERMINATION

Khelacademy reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the products and services offered on the Khelacademy Platform , or any portion thereof, at any time, without notice or cause. The User shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same, as described in the Clause hereinabove. Either party may terminate the Agreement at any time, with or without cause, effective immediately upon written notice to the other party (or by terminating or suspending User’s account), provided, that any such termination for convenience shall not affect the validity of any agreements that have been executed prior to termination and this Agreement with Organisers shall continue to apply with respect to such agreements.

9. COMMUNICATIONS

By using the Khelacademy Platform, it is deemed that You have consented to receiving telephone calls, SMSs and/or emails from Khelacademy at any time it deems fit. We, at Khelacademy, shall reach out to communicate with you and enhance your experience while using the platform. We shall also inform you about the new services offered by us. Such communications shall be sent to You on the telephone number and/or email id provided by You for the use of the Khelacademy Platform which are subject to our Privacy Policy. These communications include, but are not limited to contacting you through information received from Third Parties. Such communications by Us is for purposes that inter alia include clarification calls, marketing calls and promotional calls. You may also be contacted by Organisers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and other policies followed by Us and with whom you have become acquaintances with from the Khelacademy Platform. Such contact shall be made only in pursuance of such objectives and services and no other calls shall be made. In addition, You may also be contacted by Third Parties who may have access to the information disclosed by You or to whom We may have disclosed Your information for purposes such as, but not limited to statistical compilations. The sharing of the information provided by You shall be governed by our Privacy Policy.

10. PAYMENT TERMS AND CHARGES

Each User understands and agrees that: • Khelacademy shall charge commission. Moreover, Khelacademy is not a party to the fee being finalised between Organisers and their Customers. • Khelacademy can earn revenues from Customers and Organisers through sponsorship and advertisements. • In the event of any dispute regarding the amounts held by Khelacademy, We shall have the right (in addition to all other rights it may have) to deposit all funds held pursuant to this Agreement in the courts of Delhi • All Fees paid to Khelacademy are refundable for the services rendered which shall be governed by the refund policy at https://khelacademy.com/Cancellation and Refund. We reserve the right to amend the fee policy and charge for all the services which the Khelacademy Platform offers. In the event of such change in policy, Users shall be intimated of the same via email/telephone and such change shall be effective as soon as Users have been intimated. Subsequent to such change, it is the choice of the User whether or not to continue with the services offered by Us.

11. SECURITY

Transactions on the Platform Khelacademy are secure and protected. Any information entered by the User when transacting on the Platform Khelacademy is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Platform in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided, and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.