Introduction

Witkali is a part of its parent company Bhrtya Automation Private Limited having its registered office at Kadur, Chikkamagaluru district, Karnataka. (hereinafter referred to as “Witkali“, “we“, “us“, or “our“)provides online courses and conducts online classes, live demo, Home Labs, Magazines, study materials, doubt clearing sessions for the students seeking to enrol for such courses (the “Services“), which Services are accessible at www.witkali.com and any other websites through which Witkali makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“)

Witkali’s mission is to spread quality education to everyone. We enable anyone anywhere to create and share educational courses (instructors) and to enroll in these educational courses to learn (students). We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us and our student and instructor community.

If you publish a course on the Witkali platform, you must also agree to the Instructor Agreement. We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy.

By accessing or using the Site, Application or Services or by downloading or posting any content from or on the Site, via the Applications, 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 Site and/or Application.

Therefore, please read these Terms of service before accessing or using the Site, Application or Services or downloading or posting any content from or on the Site, via the Application or through the Services, 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 Site, Application, or Services.

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

Accounts

You need an account for most activities on our platform, including to purchase and enroll in a course or to submit a course for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address and mobile phone number. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account without their permission. If you contact us to request access to an account, we will not grant you such access unless you can provide us the login credential information for that account. In the event of the death of a user, the account of that user will be closed.

If you share your account login credential with someone else, you are responsible for what happens with your account and Witkali will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our support@witkali.com. We may request some information from you to confirm that you are indeed the owner of your account.

Eligibility

Use of the Site, Application, and Services is available only to persons who can form legally binding contracts under Indian laws. The Site, Application, and Services are intended solely for persons who are 18 years of age or older. The use of the Site, Application, and Services is also not available to persons whose membership has been suspended or terminated by Witkali for any reason whatsoever. Any access to or use of the Site, Application or Services by anyone under 18 years is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 years or older.

If you are younger than the required age, you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If we discover that you have created an account and you are younger than the required age for consent to use online services, we will terminate your account.

Course enrolment and period of access

Under our Instructor Agreement, when instructors publish a course on Witkali, they grant Witkali a license to offer a license to the course to students. This means that we have the right to sublicense the course to the students who enroll in the course. As a student, when you enroll in a course, whether it’s a free or paid course, you are getting from Witkali a license to view the course via the Witkali platform and Services, and Witkali is the licensor of record. Courses are licensed, and not sold, to you. This license does not give you any right to resell the course in any manner (including by sharing account information with a purchaser or illegally downloading the course and sharing it on torrent sites). This license is offered to enrolled students based on subscription. Subscription may vary from one month to lifetime access for students based on student’s purchase period.

In legal, more complete terms, Witkali grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Witkali authorized representative.

We generally give a fixed period of access license to our students when they enroll in a course. This period of access/subscription may vary, one month, three months, six months, 12 months or lifetime access, based on the service we provide on our site. However, we reserve the right to revoke any license to access and use courses at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint. The lifetime access is not applicable to add-on features and services associated with a course, for example, translation captions of courses may be disabled by instructors at any time and an instructor may decide at any time to no longer provide teaching assistance or Q&A services in association with a course. To be clear, the lifetime access is to the course content but not to the instructor.

Witkali pool system helps courses to get more views and make courses popular. Witkali owns the selection of courses to be in each pool system. Instructors publishing courses at Witkali platform are agreed to Witkali’s Instructor Agreements in which Witkali can select courses to be in the respective pool before informing Instructors. If Instructor doesn’t want his/her courses to be in pool system can inform us (support@witkali.com) and Witkali removes those courses from pool system. Same Courses by the same Instructor can be in both pools and as an Individual course in our site.

Instructors may not grant licenses to their courses to the student directly and any such direct license shall be null and void and a violation of these Terms.

Payment, Credits, and Refunds

Pricing

The prices of courses and pool on Witkali are determined based on the terms of the Instructor Agreement. In some instances, the price of a course offered on the Witkali website may not be exactly the same as the price offered on our mobile or TV applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.

We regularly run promotions and sales for our courses and certain courses are only available at discounted prices for a set period of time. The price applicable to a course will be the price at the time you complete your purchase of the course (at checkout). Any price offered for a particular course may also be different when you are logged into your account from the price available to users who aren’t registered or logged in because some of our promotions are available to new users only.

Witkali Pool system has its own way of distributing pool money for courses present in the pool. Distribution of money is based on many parameters like a number of pool paid users/students views, the value of each course with respect to each other courses in the pool and many more. These parameters changes to improve the division of money for courses in the pool. Money distributed by Witkali for courses in the pool is final and Instructors are not encouraged to ask for more money because Witkali takes responsibility for money division. If Instructor wants details for their money distribution can be requested to our support team (support@witkali.com).

Taxes

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your office or residence is located may require Taxes to be collected from Students on the amount paid for the Course and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Course Fees set by Witkali.

Payments

You agree to pay the fees for courses that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Razorpay, PayPal, direct debit, or mobile wallet) for those fees. Witkali works with third-party payment processing partners to offer you the most convenient payment and to keep your payment information secure. Check out our Privacy Policy for more details. When you make a purchase, you agree not to use an invalid or unauthorized payment method.

Refund and Credits

If, as a Student, Witkali provides a free trial or some preview videos about course to registered users or students at our site. We advise users/students to purchase courses after analyzing the course content provided during the trial period or preview basis provided by Witkali. If the course you purchased via the Site or the Application that implies students purchased course with their own interest and the cancellation policy contained in the applicable Listing will apply to such cancellation provided that no refund will be made in respect of course already purchased. Our ability to refund the Course Fees and other amounts charged to You will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application.

If We cancel a confirmed enrolment made via the Site, Services, and Application, (i) Witkali will refund the Course Fees paid by the Student for such enrolment to the applicable Student pursuant to the Payments Terms which shall not exceed the total amount paid by the Student.

Content and Behaviour Rules

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If you are a student, the Services enable you to ask questions to the instructors of courses you are enrolled in and to post reviews of courses. For certain courses, the instructor invites you to submit content as “homework” or tests. Don’t post or submit anything that is not yours.

The Witkali tool like XP-pen is provided to instructors for only course creation purpose. If any damage, technical problem or any other issues found in our tools, can contact us (support@witkali.com), if Witkali can replace the tool, Witkali will inform you through the mail. Tool replacement decision is not under the control of Witkali, it depends on XP-pen distributor.  Once the tool is received by Instructor cannot be returned or replaced with money.

If you are an instructor, you can submit courses for publication on the platform and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any courses, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Instructor Agreement before you submit any course for publication on Witkali.

If we are put on notice that your course or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), or if we believe your content or behaviour is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform.

Witkali has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities. Upon any such termination, we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

If one of our instructors has published a course that infringes your copyright or trademark rights, please let us know (support@witkali.com). Under our Instructor Agreement, we require our instructors to follow the law and respect the intellectual property rights of others.

Witkali’s rights to the content you post

The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow Witkali to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an instructor, be sure to understand the course licensing terms that are detailed in the Instructor Agreement.

When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Witkali to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Witkali for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

Using Witkali at your own risk

Witkali enables anyone anywhere to create and share educational courses. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content. We do not exercise any editorial control over the courses that are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy or truthfulness of the courses. If you enroll in a course, you rely on any information provided by an instructor at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Witkali has no responsibility to keep such content from you and no liability for your access or enrolment in any course to the extent permissible under applicable law. This also applies to any courses relating to health, wellness and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses, and by enrolling in such courses; you choose to assume those risks voluntarily, including the risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during and after your enrolment in a course.

When you interact directly with a student or an instructor, you must be careful about the types of personal information that you share. We do not control what students and instructors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We do not hire or employ instructors nor are we responsible or liable for any interactions involved between instructors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or students.

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

Witkali’s Rights

All right, title, and interest in and to the Witkali platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of Witkali and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of India. Nothing gives you a right to use the Witkali name or any of the Witkali trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding Witkali or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the Witkali platform and Services:

  • Access, tamper with or use non-public areas of the platform, Witkali’s computer systems, or the technical delivery systems of Witkali’s service providers.
  • disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
  • copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Witkali platform or Services.
  • access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
  • in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Witkali); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

Modification

Witkali reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, at any time and without prior notice.  We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application, and Services.

Course Listings

Witkali will create Listing of various online Courses and the details about the Course, including, but not limited to, the subject, topic, number of sessions, mode of conduct, and time slots of the lectures and pricing and related rules and financial terms will be listed on the Site and the Application. Listings will be made publicly available via the Site, Application, and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to Students preferences, ratings.

Students will be able to view Courses via the Site, Application and Services based upon the information provided in the Listing, Students requirements, and Students’ search parameters and preferences. We understand and agree that once a Student requests enrolment for Course, We may not request the Student to pay a higher price than that mentioned in the Site or Application.

Please note that Witkali assumes no responsibility for a Student’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. Witkali reserves the right, at any time and without prior notice, to remove or disable access to any Student for any reason, that Witkali, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Witkali’s then-current Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.

If you are a Teacher, you understand and agree that your relationship with Witkali is limited to being a Member and an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Witkali for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf of or for the benefit of Witkali. Witkali does not control your offline activities. As a Member you agree not to do anything to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of Witkali, including by inappropriately using any Witkali intellectual property.

When you enroll for a Course, you will also be required to upload certain information, such as, uploading a profile picture or verifying phone number. Any Member wishing to enroll for any of the Courses must meet these requirements.