Terms & Conditions
VAAGAI TECKNOWLEDGE
TERMS AND CONDITIONS OF SERVICE
Effective Date: May 6, 2025 Last Updated: May 6, 2025 Version: 1.0
IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING ANY SERVICE PROVIDED BY VAAGAI TECKNOWLEDGE. BY REGISTERING AN ACCOUNT, SUBSCRIBING TO THE PLATFORM, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ACCESS AND USE OF THE SERVICES.
1. INTRODUCTION
These Terms and Conditions of Service ("Terms") constitute a legally binding agreement between Vaagai Tecknowledge, a sole proprietorship registered under the laws of India, having its registered office at 6/639, Lakshmi Nagar Main Road, Lakshmi Nagar, Virudhunagar, Tamil Nadu, India (hereinafter "Vaagai Tecknowledge," "Company," "we," "us," or "our"), and the person, organisation, or entity (hereinafter "User," "you," or "your") accessing or using the Services.
These Terms govern access to and use of all services provided by Vaagai Tecknowledge, including:
The Clubus.io SaaS platform for membership management (accessible globally);
Custom software development services;
Training services offered under the Coders College brand;
All related websites, mobile applications (Android and iOS), APIs, and digital properties.
These Terms must be read together with our Privacy Policy and Refund Policy, both of which are incorporated herein by reference and form an integral part of the overall agreement between you and Vaagai Tecknowledge.
2. DEFINITIONS
In these Terms, the following definitions apply unless the context otherwise requires:
"Services" means the Clubus.io SaaS platform, custom software development engagements, Coders College training programmes, all websites, mobile applications, APIs, and any ancillary services provided by Vaagai Tecknowledge, collectively.
"Tenant" / "Admin User" means any organisation, institution, or business entity that subscribes to and administers the Clubus.io platform for managing its own membership, members, or user base.
"End User" means a natural person who accesses the Clubus.io platform as a member of a Tenant organisation at the Tenant's invitation and under the Tenant's administration.
"Visitor" means any individual who browses our websites or applications without registering an account or subscribing to the Services.
"Student" means a natural person enrolled in, registered for, or inquiring about any training or educational programme offered under the Coders College brand.
"Account" means a registered user account on the platform, whether held by a Tenant, Admin User, End User, or Student.
"Subscription" means the recurring, time-limited licence to access and use the Clubus.io SaaS platform, subject to the payment of applicable subscription fees.
"Content" means all data, text, files, information, images, graphics, materials, and other content uploaded, posted, transmitted, or stored through the Services by a User.
"Intellectual Property" means all patents, copyrights, trademarks, service marks, trade names, trade secrets, design rights, database rights, domain names, and all other intellectual and industrial property rights, whether registered or unregistered, and all applications and rights to apply for the same.
"Confidential Information" means any non-public information disclosed by one party to the other in connection with the Services that is designated as confidential or that reasonably ought to be treated as confidential given the nature of the information and the circumstances of disclosure.
"Force Majeure Event" means any event or circumstance beyond the reasonable control of the affected party, as further described in Section 18.
"Personal Data" has the meaning assigned to it in our Privacy Policy.
3. ELIGIBILITY AND ACCEPTANCE OF TERMS
3.1 Eligibility
By accessing or using the Services, you represent and warrant that:
You are at least eighteen (18) years of age, or, if under eighteen (18), that you are accessing the platform with the verified consent of your parent or legal guardian, which consent has been communicated to and confirmed by the Tenant who onboarded you;
You are legally capable of entering into a binding contract under the Indian Contract Act, 1872, and any other applicable law;
If you are accepting these Terms on behalf of an organisation, company, or institution, you have full legal authority to bind that entity to these Terms, and these Terms shall be binding on that entity;
Your access to and use of the Services does not violate any applicable law, regulation, court order, or contractual obligation.
3.2 Acceptance
Acceptance of these Terms occurs upon any of the following actions:
Clicking "I Agree," "Accept," or any equivalent button or checkbox during registration or onboarding;
Registering an account on any Vaagai Tecknowledge platform;
Downloading or installing any mobile application provided by Vaagai Tecknowledge;
Accessing or using the Services in any manner.
If you do not accept these Terms, you are prohibited from accessing or using the Services and must immediately cease all such access or use.
4. DESCRIPTION OF SERVICES
4.1 Clubus.io — SaaS Platform
Clubus.io is a web and mobile-based Software-as-a-Service platform designed for membership management. Its features include, but are not limited to, member onboarding, attendance tracking, fee management, event management, communication tools, and reporting. Access to Clubus.io is provided on a subscription basis to Tenant/Admin Users. End Users access the platform at the invitation of and under the administration and oversight of the Tenant.
Vaagai Tecknowledge provides the platform as a technology tool. The Tenant is solely responsible for the legality and appropriateness of its use of the platform and for the management of its End Users.
4.2 Custom Software Development
Vaagai Tecknowledge provides custom software design, development, testing, and delivery services to clients. Such engagements are governed by individual project agreements, Statements of Work (SOW), or Master Service Agreements (MSA) executed in writing between the Company and the client. In the event of any conflict or inconsistency between these Terms and such a separately executed written agreement, the terms of the separately executed written agreement shall prevail with respect to that specific engagement.
4.3 Coders College — Training Services
Vaagai Tecknowledge offers training, coaching, and educational programmes in software development and related technology disciplines under the Coders College brand. Training services are subject to specific enrolment terms, batch schedules, and course-specific policies communicated at the time of registration, in addition to these Terms.
4.4 Service Availability and Modifications
We shall make reasonable commercial efforts to maintain availability of the Clubus.io platform. However:
We do not guarantee uninterrupted, error-free, or completely secure access to the Services at any time;
We expressly disclaim all warranties with respect to service uptime and do not offer any Service Level Agreement (SLA) unless separately and explicitly agreed to in a signed written instrument;
We reserve the right to modify, update, enhance, suspend, or discontinue any feature, functionality, or component of the Services at any time, with or without prior notice, without liability to any User;
Scheduled maintenance and emergency downtime may occur from time to time and shall not constitute a breach of these Terms.
5. USER CATEGORIES AND RESPONSIBILITIES
5.1 Tenant / Admin User Responsibilities
Tenants subscribing to the Clubus.io platform are solely and fully responsible for:
Ensuring that all End Users they onboard onto the platform have provided valid, informed consent for the collection and processing of their Personal Data, in accordance with applicable law and our Privacy Policy;
Obtaining verifiable parental or guardian consent for any End User who is under the age of eighteen (18) before onboarding such End User;
Maintaining the confidentiality and security of their admin credentials, and promptly notifying Vaagai Tecknowledge of any unauthorised access to their admin account;
Ensuring that their configuration and use of the platform, including all communications sent to End Users, complies with all applicable laws, regulations, and third-party platform policies, including TRAI regulations, WhatsApp Business Policy, and the DPDP Act;
Paying all applicable subscription fees in full and on time;
All actions taken through their account, whether by themselves, their staff, or their End Users;
Ensuring that any Content uploaded to the platform is lawful, accurate, and does not infringe any third-party rights.
5.2 End User Responsibilities
End Users are responsible for:
Maintaining the confidentiality of their account credentials and not sharing login details with any third party;
All activity that occurs under their account, whether authorised or unauthorised;
Ensuring that all information they provide to the platform is accurate, complete, and current;
Promptly notifying their Tenant Admin or Vaagai Tecknowledge (at vaagaitecknowledge@gmail.com) of any unauthorised access to their account.
5.3 Student Responsibilities
Students enrolled in Coders College programmes are responsible for:
Attending enrolled sessions and completing coursework as required;
Timely payment of applicable course or programme fees;
Adherence to the academic code of conduct communicated at the time of enrolment;
Providing accurate personal and contact information for enrolment and communication purposes.
5.4 Visitor Responsibilities
Visitors accessing our websites or applications agree not to engage in any activity that disrupts, interferes with, or compromises the integrity or security of our digital properties.
6. ACCOUNT REGISTRATION AND SECURITY
6.1 Registration Requirements
To access the full functionality of the Services, you are required to register an account. By registering, you agree to:
Provide accurate, complete, and current registration and profile information;
Promptly update your account information if any of it changes;
Maintain the confidentiality of your account username and password;
Accept full and sole responsibility for all activities conducted under your account, whether or not authorised by you;
Notify Vaagai Tecknowledge immediately at vaagaitecknowledge@gmail.com upon becoming aware of any unauthorised use of your account or credentials.
6.2 Account Security
You are responsible for implementing adequate security measures to protect your account, including the use of strong passwords. Vaagai Tecknowledge shall not be liable for any loss or damage arising from your failure to maintain the security of your account credentials.
6.3 Account Integrity
Vaagai Tecknowledge reserves the right to suspend, deactivate, or permanently terminate any account where:
Fraudulent, inaccurate, or misleading registration information has been provided;
Suspicious, abusive, or unauthorised activity is detected;
The account is found to be in violation of these Terms or applicable law.
7. ACCEPTABLE USE POLICY
WARNING: VIOLATION OF THIS ACCEPTABLE USE POLICY MAY RESULT IN IMMEDIATE SUSPENSION OR PERMANENT TERMINATION OF YOUR ACCOUNT, FORFEITURE OF ANY FEES PAID, AND MAY EXPOSE YOU TO CIVIL AND CRIMINAL LIABILITY UNDER APPLICABLE LAW.
7.1 Prohibited Activities
You agree that you shall NOT use the Services, directly or indirectly, for or in connection with any of the following:
7.1.1 Illegal and Harmful Activities
Any activity that is unlawful, fraudulent, deceptive, defamatory, threatening, harassing, abusive, or tortious under the laws of India or any applicable jurisdiction;
Engaging in or facilitating money laundering, terrorist financing, or any activity prohibited under the Prevention of Money Laundering Act, 2002, the Unlawful Activities (Prevention) Act, 1967, or equivalent laws;
Impersonating any person or entity, or misrepresenting your identity, affiliation, or authority;
Collecting, harvesting, or scraping Personal Data of other users without their explicit, informed consent.
7.1.2 Technical Abuse
Uploading, transmitting, or distributing viruses, malware, ransomware, spyware, Trojan horses, worms, or any other malicious or harmful software or code;
Attempting to gain unauthorised access to any part of the Services, other user accounts, third-party systems, or any computer systems or networks connected to the Services;
Conducting denial-of-service attacks, port scans, packet sniffing, or any similar disruptive technical activity against the platform or its infrastructure;
Interfering with or disrupting the integrity, security, or performance of the Services or the data stored therein;
Circumventing, disabling, or otherwise interfering with any security feature, authentication mechanism, or access control of the platform.
7.1.3 Intellectual Property Abuse
Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code, architecture, or algorithms of the platform or any component thereof;
Reproducing, duplicating, copying, modifying, creating derivative works of, or commercially exploiting any part of the Services without our prior written authorisation;
Removing, obscuring, or altering any copyright notice, trademark, proprietary legend, or other intellectual property marking on or in the Services.
7.1.4 Commercial Misuse
Reselling, sublicensing, relicensing, renting, leasing, or otherwise commercially exploiting or making the Services available to any third party without our prior written authorisation;
Using the Services to build a competing product or service, or to benchmark the Services for the purpose of building a competing product;
White-labelling or rebranding the Services without a separate written agreement with Vaagai Tecknowledge.
7.1.5 Communication Abuse
Sending unsolicited commercial communications (spam) to any person via email, SMS, or WhatsApp Business through the platform's communication features;
Using the SMS or WhatsApp Business messaging features of the platform in violation of TRAI regulations, the Telecom Commercial Communications Customer Preference Regulations, 2018, Meta's WhatsApp Business Policy, or Meta's Platform Policy;
Sending bulk messages that are misleading, deceptive, abusive, or that impersonate any person or organisation;
Attempting to contact users who have opted out of communications.
7.1.6 Content Violations
Uploading, posting, transmitting, or distributing content that is obscene, pornographic, sexually explicit, or that in any way exploits or endangers minors;
Uploading content that violates the intellectual property rights, privacy rights, or other legal rights of any third party;
Uploading or distributing content that promotes hatred, discrimination, or violence against any individual or group on the basis of religion, race, caste, gender, nationality, sexual orientation, or disability;
Uploading content that contains false, misleading, or deceptive claims about any person, product, or service.
7.1.7 Restricted Activities
Using the platform to conduct or facilitate gambling, betting, lottery, or similar activities that are prohibited under applicable law;
Using the platform for any adult entertainment services, escort services, or any sexually oriented content or services;
Using the platform to sell, distribute, or facilitate the sale of counterfeit goods, controlled substances, or weapons.
7.2 API Usage Restrictions
Where API access is granted to a Tenant or developer:
You must comply with all rate limits, API documentation, and usage guidelines issued by Vaagai Tecknowledge from time to time;
API access must not be used for any purpose other than integration with authorised applications approved by Vaagai Tecknowledge;
You must not use API access to circumvent authentication mechanisms, access data beyond your authorised scope, or aggregate data from the platform for redistribution;
Vaagai Tecknowledge reserves the right to suspend or permanently revoke API access at any time for violations of these Terms, excessive usage, or at our sole discretion.
7.3 Reporting Violations
If you become aware of any violation of this Acceptable Use Policy by another user, you are encouraged to report it to vaagaitecknowledge@gmail.com with the subject line "Abuse Report."
8. INTELLECTUAL PROPERTY RIGHTS
8.1 Ownership by Vaagai Tecknowledge
All Intellectual Property rights in and to the Services — including the Clubus.io platform, underlying software, source code, algorithms, databases, user interfaces, designs, graphics, logos, trademarks, trade names, documentation, and all associated materials — are the exclusive property of Vaagai Tecknowledge. These rights are protected under the Copyright Act, 1957, the Trade Marks Act, 1999, and all other applicable Indian and international intellectual property laws.
Nothing in these Terms shall be construed as transferring, assigning, or licensing any ownership or intellectual property rights to any User, except for the limited usage licence described in Section 8.2.
8.2 Limited Licence to Users
Subject to your continued compliance with these Terms and payment of all applicable fees, Vaagai Tecknowledge grants you a:
Limited — restricted in scope to your authorised use only;
Non-exclusive — not preventing us from granting the same or similar rights to others;
Non-transferable — not capable of being assigned or transferred to any third party;
Non-sublicensable — not capable of being further licensed to any third party;
Revocable — terminable by us at any time upon breach of these Terms;
licence to access and use the Services solely for your internal, non-commercial, organisational purposes during the term of your active subscription or engagement.
This licence does not include the right to access the source code of the platform, create derivative works, or use any part of the Services in a manner inconsistent with these Terms.
8.3 User Content
You retain all ownership rights in and to the Content you upload or transmit through the Services. By uploading Content, you grant Vaagai Tecknowledge a:
Non-exclusive, worldwide, royalty-free, sublicensable licence to use, store, reproduce, process, and display your Content solely to the extent necessary to provide, operate, and improve the Services;
The right to use anonymised, aggregated, non-identifiable derivatives of your Content for product improvement and analytics purposes.
You represent, warrant, and covenant that:
You own the Content or have all necessary rights, licences, and permissions to upload it and grant the above licence;
Your Content does not infringe the intellectual property rights, privacy rights, or any other legal rights of any third party;
Your Content does not violate any applicable law or these Terms.
8.4 Feedback
If you provide feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you hereby assign all rights in such Feedback to Vaagai Tecknowledge, and we may use such Feedback without restriction or compensation to you.
8.5 Trademark Restrictions
You may not use Vaagai Tecknowledge's name, logos, trademarks, service marks, or any other brand identifiers in any manner, including in your own marketing, without our prior express written consent.
9. SUBSCRIPTION, BILLING, AND PAYMENT
9.1 Subscription Model
Access to the Clubus.io platform is provided on a recurring subscription basis. Subscriptions automatically renew at the end of each billing cycle unless cancelled by the Tenant in accordance with Section 9.5. Applicable subscription tiers and fee schedules are communicated through the platform or through the Vaagai Tecknowledge sales process and may be updated from time to time with reasonable notice to subscribers.
9.2 Payment Processing
All payments are processed exclusively through certified third-party payment gateways, including but not limited to Razorpay, Stripe, Cashfree, Billdesk, and such other payment service providers as may be engaged from time to time. By making a payment, you agree to the terms, conditions, and privacy policies of the applicable payment gateway.
Vaagai Tecknowledge does not store payment card details, bank account numbers, CVV/CVC codes, or any equivalent sensitive financial credentials on its systems at any point.
9.3 Currency and Taxes
Domestic subscribers (India): Payments are denominated in Indian Rupees (INR). All fees are exclusive of applicable Goods and Services Tax (GST) unless stated otherwise. GST shall be charged in addition to the subscription fee at the applicable rate.
International subscribers: Payments may be accepted in supported foreign currencies. Currency conversion charges, bank transaction fees, and applicable local taxes, withholding taxes, or duties in the subscriber's jurisdiction are entirely the responsibility of the subscriber.
9.4 Failed and Overdue Payments
In the event of failed, declined, or overdue payment:
Vaagai Tecknowledge reserves the right to suspend access to the Services immediately or after a reasonable grace period, at our sole discretion;
We may attempt to re-process the payment using the payment method on file;
Continued non-payment following written notice may result in permanent termination of the subscription;
Vaagai Tecknowledge reserves the right to pursue recovery of outstanding amounts through appropriate legal means, including referral to debt recovery or initiation of legal proceedings;
Reactivation of a suspended account may be subject to a reactivation fee.
9.5 Subscription Cancellation
Subscribers may cancel their subscription at any time by:
Sending a written cancellation request to vaagaitecknowledge@gmail.com; or
Using the cancellation option in account settings where such option is made available.
Cancellation shall take effect at the end of the current active billing cycle. Access to the Services shall continue until the expiry of the period already paid for. No pro-rata refunds shall be issued for the unused portion of a billing cycle, except as provided in the Refund Policy.
9.6 Pricing Changes
Vaagai Tecknowledge reserves the right to modify subscription fees at any time. Any price changes shall be communicated to active subscribers with at least thirty (30) days' prior notice by email. Continued use of the Services after the effective date of a price change constitutes acceptance of the new pricing.
10. DATA OWNERSHIP, RETENTION, AND TENANT RIGHTS
10.1 Platform Data
Vaagai Tecknowledge shall be the owner of all data generated by and through the technical operation of the Services, including platform metadata, aggregate usage statistics, system logs, and system-generated analytics, subject to applicable data protection laws.
10.2 Tenant Organisational Data
As between Vaagai Tecknowledge and a Tenant, the Tenant retains ownership of the organisational data — including member records, attendance logs, event data, and transaction history — that it inputs into the Clubus.io platform. Vaagai Tecknowledge acts as a Data Processor with respect to such organisational data and processes it only on the documented instructions of the Tenant.
10.3 Data Export Rights
Tenants may request an export of their organisational data in CSV or JSON format at any time during the active subscription period by contacting vaagaitecknowledge@gmail.com. We will process such requests within a reasonable timeframe.
10.4 Post-Termination Data Retention
Upon termination or expiry of a Tenant's subscription:
Organisational data shall be retained for a period of ninety (90) days from the date of termination, during which the Tenant may submit a data export request;
After the expiry of the 90-day retention window, all organisational data shall be permanently and irrecoverably deleted from all systems, including backups;
Vaagai Tecknowledge shall not be liable for the loss of any data not exported by the Tenant prior to the expiry of the 90-day window.
10.5 Backup Retention
Vaagai Tecknowledge maintains routine system backups for disaster recovery purposes. Backup data may be retained for up to ninety (90) days from the date of backup creation. Backups are not made available as a substitute for Tenant data exports.
11. THIRD-PARTY SERVICES AND INTEGRATIONS
11.1 Current and Future Integrations
The Services may integrate with or link to third-party services and platforms, including but not limited to:
Payment gateways: Razorpay, Stripe, Cashfree, Billdesk, and future payment service providers;
Messaging platforms: WhatsApp Business API (Meta), MSG91, and other communication service providers;
Cloud infrastructure: Amazon Web Services (AWS), Firebase (Google), and other cloud service providers;
Analytics tools: Google Analytics and similar analytics platforms;
Other SaaS tools and service integrations as may be added from time to time.
11.2 No Endorsement
The inclusion of any third-party service or integration within the Services does not constitute an endorsement, recommendation, or guarantee by Vaagai Tecknowledge of that third party's products, services, policies, or practices.
11.3 Third-Party Terms
Your use of any third-party service integrated with our platform is subject to the respective terms, conditions, and privacy policies of that third party. Vaagai Tecknowledge is not responsible for the availability, accuracy, reliability, legality, or any other aspect of third-party services.
11.4 Changes to Integrations
Vaagai Tecknowledge reserves the right to add, modify, replace, or remove any third-party integration at any time, without prior notice, without liability to Users.
12. MOBILE APPLICATION
12.1 Platform Availability
Our Services are available as mobile applications on Android (Google Play Store) and iOS (Apple App Store). Your use of our mobile application is subject to:
These Terms;
The terms and conditions of the applicable app store (Google Play Terms of Service / Apple Media Services Terms and Conditions); and
Our Privacy Policy.
12.2 Payment Processing on Mobile
All payment transactions within the mobile application are processed through external payment links and are NOT conducted via in-app purchase mechanisms. This is consistent with applicable store policies for SaaS subscription services. Vaagai Tecknowledge does not collect payment card information through the mobile application.
12.3 Application Updates
Vaagai Tecknowledge may release updates to the mobile application from time to time. Certain updates may be required for continued access to the Services. We recommend keeping the application updated to the latest version at all times.
12.4 Device Permissions
The mobile application may request access to certain device features, including notifications, camera, and storage, as necessary for the functioning of specific features. You may manage these permissions at any time through your device operating system settings. Denial of certain permissions may affect the functionality of the application.
13. CONFIDENTIALITY
13.1 Mutual Obligation
Each party may, in the course of using or providing the Services, receive or be exposed to Confidential Information belonging to the other party. Each party agrees to:
Hold the other party's Confidential Information in strict confidence;
Not disclose such Confidential Information to any third party without the prior written consent of the disclosing party;
Use the Confidential Information solely for the purpose of using or providing the Services under these Terms;
Apply at least the same degree of care to protect the Confidential Information as it applies to its own confidential information of similar sensitivity, and in no event less than reasonable care.
13.2 Exclusions
Obligations of confidentiality do not apply to information that:
Is or becomes publicly available through no fault of the receiving party;
Was already known to the receiving party at the time of disclosure, as evidenced by prior written records;
Is independently developed by the receiving party without reference to or use of the Confidential Information;
Is required to be disclosed by applicable law, regulation, or order of a competent court or authority, provided that the receiving party gives the disclosing party prompt written notice (to the extent legally permissible) and cooperates in seeking a protective order.
13.3 Privacy Policy
Vaagai Tecknowledge's obligations with respect to User Personal Data are governed by our Privacy Policy, which is incorporated into these Terms by reference. In the event of any conflict between this Section 13 and the Privacy Policy with respect to Personal Data, the Privacy Policy shall prevail.
14. REPRESENTATIONS AND WARRANTIES
14.1 By Users
By using the Services, you represent and warrant that:
All information provided by you in connection with the Services is accurate, complete, and not misleading;
You have all rights, licences, and permissions necessary to upload your Content and grant the licence described in Section 8.3;
Your use of the Services complies with all applicable laws and regulations and does not infringe the rights of any third party;
You are not subject to any sanction, restriction, or prohibition that would prohibit you from entering into this agreement or using the Services.
14.2 By Tenants (Additional)
Tenants additionally represent and warrant that:
They have obtained all necessary consents from their End Users and, where applicable, parental consents for minors, as required by applicable law;
Their configuration and use of the platform, including all communications to End Users, comply with applicable law and relevant third-party platform policies.
15. DISCLAIMERS OF WARRANTIES
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, VAAGAI TECKNOWLEDGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, AND TITLE.
Without limiting the foregoing, Vaagai Tecknowledge does not warrant that:
The Services will be available, uninterrupted, timely, secure, or error-free at any time or for any duration;
Any results obtained from the use of the Services will be accurate, complete, reliable, or fit for any particular purpose;
Any defects, errors, bugs, or vulnerabilities in the Services will be identified, reported, or corrected;
The Services or the servers through which they are delivered are free from viruses, harmful components, or other technologically harmful material;
The Services will meet your specific requirements or expectations.
Note for certain jurisdictions: Some jurisdictions do not permit the exclusion of certain implied warranties. In such jurisdictions, the above exclusions apply only to the maximum extent permitted by applicable law.
16. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VAAGAI TECKNOWLEDGE, ITS PROPRIETOR, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS, OR ANY OTHER DIRECT OR INDIRECT ECONOMIC LOSS OR INTANGIBLE LOSS, EVEN IF VAAGAI TECKNOWLEDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.1 Aggregate Cap on Liability
Vaagai Tecknowledge's total aggregate liability to any User for all claims arising out of or in connection with these Terms or the Services — whether in contract, tort (including negligence), breach of statutory duty, or otherwise — shall not exceed the greater of:
The total amount paid by the User to Vaagai Tecknowledge in the three (3) calendar months immediately preceding the event giving rise to the claim; or
Indian Rupees Five Thousand (INR 5,000).
16.2 Essential Basis
The parties acknowledge that the limitations of liability in this Section reflect a reasonable allocation of risk and form an essential basis of the bargain between the parties. Vaagai Tecknowledge would not have entered into these Terms without these limitations.
16.3 Exceptions
Nothing in these Terms shall limit or exclude liability for:
Death or personal injury caused by Vaagai Tecknowledge's proven gross negligence;
Fraud or fraudulent misrepresentation by Vaagai Tecknowledge;
Any liability that cannot be excluded or limited under applicable mandatory law.
17. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Vaagai Tecknowledge, its proprietor, employees, contractors, agents, successors, and assigns from and against any and all claims, actions, proceedings, liabilities, damages, losses, judgments, awards, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or relating to:
Your access to or use of the Services in violation of these Terms, our Acceptable Use Policy, or applicable law;
Your Content, including any claim that your Content infringes, misappropriates, or violates the intellectual property, privacy, or other legal rights of any third party;
Any breach by you of your representations, warranties, or obligations under these Terms;
Claims brought by your End Users arising out of your administration, configuration, or management of the Clubus.io platform as a Tenant;
Any misrepresentation made by you in connection with the Services;
Your violation of any applicable law, regulation, or third-party rights.
Vaagai Tecknowledge reserves the right to assume the exclusive defence and control of any matter subject to indemnification by you, at your expense, in which case you agree to cooperate fully with Vaagai Tecknowledge in asserting available defences.
18. FORCE MAJEURE
18.1 Scope
Vaagai Tecknowledge shall not be in breach of these Terms and shall not be liable for any failure, delay, or degradation in the performance of its obligations to the extent that such failure, delay, or degradation is caused by or attributable to a Force Majeure Event.
Force Majeure Events include but are not limited to:
Acts of God, natural disasters, earthquakes, floods, cyclones, fires, lightning, or storms;
Pandemics, epidemics, outbreaks of infectious disease, or public health emergencies declared by a competent government authority;
Acts of war, armed conflict, invasion, civil war, civil unrest, riots, terrorism, or sabotage;
Strikes, lockouts, industrial disputes, or labour actions;
Actions, regulations, orders, sanctions, or embargoes issued by any governmental or regulatory authority of competent jurisdiction;
Failure or disruption of telecommunications networks, internet infrastructure, public utilities, or power supply;
Large-scale cyberattacks, distributed denial-of-service (DDoS) attacks, or hostile acts directed at our infrastructure, beyond our reasonable control and despite the implementation of reasonable security measures.
18.2 Notification and Mitigation
In the event of a Force Majeure Event, Vaagai Tecknowledge shall:
Notify affected users as soon as reasonably practicable of the nature of the Force Majeure Event and its expected duration;
Use commercially reasonable efforts to mitigate the effects of the Force Majeure Event and to resume normal service delivery as promptly as possible.
18.3 Prolonged Force Majeure
If a Force Majeure Event continues for a period exceeding sixty (60) consecutive days, either party may terminate the affected subscription or service engagement by written notice, and Vaagai Tecknowledge shall process any applicable refunds in accordance with the Refund Policy.
19. TERMINATION AND SUSPENSION
19.1 Termination by the User
You may terminate your account or subscription at any time by submitting a written notice to vaagaitecknowledge@gmail.com. Termination shall take effect as follows:
For subscriptions: at the end of the current active billing cycle (see Section 9.5);
For non-subscription accounts (End Users, Students, Visitors): upon receipt of notice by Vaagai Tecknowledge.
No refunds shall be issued for early termination except as expressly provided in our Refund Policy.
19.2 Termination by Vaagai Tecknowledge — For Cause
Vaagai Tecknowledge may, with or without prior notice and at its sole discretion, immediately suspend or permanently terminate your account, subscription, or access to any or all of the Services upon the occurrence of any of the following:
Any breach of these Terms or the Acceptable Use Policy;
Non-payment of applicable subscription fees following a reasonable written notice and grace period;
Provision of fraudulent, false, or materially inaccurate registration information;
Conduct that is harmful, abusive, threatening, or damaging to Vaagai Tecknowledge, its employees, partners, or other users;
Any action or omission by the User that exposes Vaagai Tecknowledge to legal liability or regulatory action;
Where required by applicable law, regulation, court order, or direction of a competent authority;
Upon determination by Vaagai Tecknowledge that continued provision of the Services to the User is, for any reason, commercially, legally, or operationally untenable.
19.3 Termination by Vaagai Tecknowledge — Convenience
Vaagai Tecknowledge may terminate a subscription or discontinue any Service upon providing at least thirty (30) days' prior written notice to the affected Users. In such event, Vaagai Tecknowledge shall provide a pro-rata refund for any prepaid, unused subscription period.
19.4 Suspension
Vaagai Tecknowledge reserves the right to temporarily suspend access to the Services or any specific feature thereof, at any time and without prior notice, for purposes including but not limited to:
Scheduled or emergency system maintenance;
Security investigations or incident response;
Compliance with regulatory requirements;
Suspected abuse, misuse, or violation of these Terms;
Non-payment or payment disputes.
Suspension shall not, in itself, constitute a termination of the agreement. Access shall be restored once the grounds for suspension are resolved, at Vaagai Tecknowledge's sole discretion.
19.5 Effect of Termination
Upon termination of your account or subscription, for any reason:
Your right to access and use the Services shall immediately and irrevocably cease;
All licences granted to you under these Terms shall immediately terminate;
Personal Data and organisational data shall be handled in accordance with Section 10 and our Privacy Policy;
Any outstanding payment obligations shall immediately become due and payable;
The following provisions shall survive and continue in full force and effect: Sections 8 (Intellectual Property), 10 (Data Ownership), 13 (Confidentiality), 15 (Disclaimers), 16 (Limitation of Liability), 17 (Indemnification), 20 (Governing Law), 21 (Dispute Resolution), and 22 (General Provisions), along with any other provision that by its nature should survive termination.
20. GOVERNING LAW
These Terms shall be governed by, and construed and enforced in accordance with, the laws of the Republic of India, including but not limited to:
The Indian Contract Act, 1872;
The Information Technology Act, 2000, and rules made thereunder;
The Digital Personal Data Protection Act, 2023;
The Copyright Act, 1957;
The Trade Marks Act, 1999;
The Consumer Protection Act, 2019 (to the extent applicable);
The Arbitration and Conciliation Act, 1996.
Subject to the arbitration clause in Section 21, all disputes that are not resolved through arbitration shall be subject to the exclusive jurisdiction of the courts of Virudhunagar, Tamil Nadu, India. You hereby irrevocably submit to such jurisdiction and waive any objection based on inconvenient forum.
21. DISPUTE RESOLUTION AND ARBITRATION
21.1 Good Faith Negotiation
In the event of any dispute, controversy, or claim arising out of or relating to these Terms, the Services, or any breach or alleged breach thereof ("Dispute"), the parties shall first endeavour to resolve the Dispute amicably through good faith negotiation.
A party wishing to invoke this process must serve written notice on the other party specifying the nature of the Dispute, the relief sought, and the factual basis for the claim. The parties shall have thirty (30) days from the date of receipt of such notice to resolve the Dispute through negotiation ("Negotiation Period").
21.2 Arbitration
If the Dispute is not resolved within the Negotiation Period, it shall be referred to and finally resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (as amended from time to time), subject to the following:
Sole Arbitrator: A sole arbitrator shall be mutually appointed by the parties within fifteen (15) days of the expiry of the Negotiation Period. In the absence of agreement on appointment, the arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996;
Seat and Venue: Virudhunagar, Tamil Nadu, India;
Language: English;
Costs: Each party shall bear its own legal costs. The fees and expenses of the arbitrator shall be borne equally by the parties unless otherwise directed by the arbitral award;
Award: The arbitral award shall be final, binding, and enforceable against the parties. Each party waives any right to appeal or challenge the award except on the grounds expressly permitted under the Arbitration and Conciliation Act, 1996.
21.3 Interim Relief
Nothing in this Section shall be construed to prevent either party from seeking urgent interim or injunctive relief from a court of competent jurisdiction where necessary to prevent irreparable harm or to preserve the status quo pending the outcome of arbitration.
21.4 Class Action Waiver
To the maximum extent permitted by applicable law, each User waives any right to commence, participate in, or maintain any class action lawsuit, class-wide arbitration, or any other representative, consolidated, or multi-party proceeding against Vaagai Tecknowledge. All Disputes must be brought solely in the User's individual capacity.
22. COMMUNICATIONS AND NOTICES
22.1 Notices to Vaagai Tecknowledge
All notices, requests, consents, or other communications directed to Vaagai Tecknowledge must be in writing and delivered to:
Email: vaagaitecknowledge@gmail.com Postal Address: 6/639, Lakshmi Nagar Main Road, Lakshmi Nagar, Virudhunagar, Tamil Nadu, India
22.2 Notices to Users
All notices directed to Users shall be delivered to the email address associated with the User's registered account. Notices shall be deemed received on the next business day following transmission. It is the User's responsibility to maintain a current, functional email address on their account.
23. AMENDMENTS TO THESE TERMS
Vaagai Tecknowledge reserves the right to modify, update, or replace these Terms at any time.
Material changes will be communicated to registered Users via email and/or through a prominent notice on the platform at least fourteen (14) days before the changes take effect;
Changes required by law or regulation may be implemented with shorter notice or with immediate effect;
The current, effective version of these Terms is always published on our website and platform.
Your continued access to or use of the Services after the effective date of any amendment constitutes your binding acceptance of the revised Terms. If you do not agree to the amended Terms, your sole remedy is to discontinue use of the Services and cancel your subscription in accordance with Section 9.5.
24. GENERAL PROVISIONS
24.1 Entire Agreement
These Terms, together with the Privacy Policy and Refund Policy (both incorporated herein by reference), and any separately executed written agreements (SOW, MSA, or enrolment agreements) constitute the entire agreement between you and Vaagai Tecknowledge with respect to the subject matter hereof and supersede all prior and contemporaneous negotiations, representations, understandings, and agreements, whether oral or written.
24.2 Severability
If any provision or part of any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable, or severed if modification is not possible, and the validity and enforceability of the remaining provisions shall not be affected.
24.3 No Waiver
No failure or delay by Vaagai Tecknowledge in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right by Vaagai Tecknowledge shall preclude any further or other exercise of that or any other right. Any waiver of a breach of these Terms shall not be construed as a waiver of any subsequent breach.
24.4 Assignment
You may not assign, novate, delegate, or otherwise transfer any of your rights or obligations under these Terms without the prior written consent of Vaagai Tecknowledge. Any purported assignment without such consent shall be null and void. Vaagai Tecknowledge may assign or transfer any or all of its rights and obligations under these Terms, in whole or in part, to any successor entity, acquirer, or affiliate without your prior consent.
24.5 Relationship of Parties
Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and Vaagai Tecknowledge. Each party is and shall remain an independent contractor.
24.6 No Third-Party Beneficiaries
These Terms are entered into solely for the benefit of the parties hereto and do not create any rights in favour of any third party, except as expressly stated in these Terms.
24.7 Language
These Terms are drafted and executed in the English language. Any translation into another language is provided for convenience only. In the event of any inconsistency, ambiguity, or conflict between the English version and any translation, the English version shall prevail in all respects.
24.8 Headings
The section headings in these Terms are for convenience only and shall not affect the interpretation or construction of any provision.
24.9 Contact Information
For any questions, concerns, or inquiries regarding these Terms, please contact:
|
|
vaagaitecknowledge@gmail.com | |
Address | 6/639, Lakshmi Nagar Main Road, Lakshmi Nagar, Virudhunagar, Tamil Nadu, India |
GST Number | 33DKHPS0026J1Z8 |
— End of Terms and Conditions —
Vaagai Tecknowledge | www.vaagai.org.in | Virudhunagar, Tamil Nadu, India GST: 33DKHPS0026J1Z8