Privacy Policy

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS WEBSITE AND/OR PLATFORM YOU AGREE
TO BE BOUND BY ALL OF THE BELOW TERMS AND CONDITIONS AND PRIVACY POLICY.

Vith Art Room (“Company”,“We” or “Us” and their connotations) operates a website (URL: https://www.vithart.in/)
(together called as “Platform”) which is engaged in the service of online and in-person tutoring of art forms to students of
any age.

These terms and conditions (“Terms”) describe the terms on which the Company grants end users access to the Platform
(hereinafter referred to as “Services”) and shall be read with the privacy policy available on https://www.vithart.in/
policy. Anyone below 18 years of age is assumed to be a child (“Child”) and requires parental consent to use the Platform.
The parents of the Child or users above 18 years of age are hereinafter referred to as “You”. The term “Users” for the
purposes of these Terms shall be read as You and/ or Child.

The Company reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms at any time
by posting the amended Terms. Please check these Terms periodically for changes. Your continued use of the Platform or Services
after the posting of changes constitutes your binding acceptance of such changes. In addition, when using any particular services
or availing any promotional offer, you may be subject to additional terms and conditions, posted guidelines or rules, as may be
applicable to such services and offers. All such guidelines, rules, product requirements or sometimes additional terms are hereby
incorporated by reference into the Terms.

1. Terms of Service
By choosing to visit the Platform and/or avail any Services provided by Company, you agree to be bound by these Terms.
Please read the following information carefully. If you are a parent or guardian and you provide your consent for your child’s
use of the Platform, you agree to be bound by these Terms in respect to their use of the Platform. By your continued access
or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to
the Terms of this agreement, promptly exit this page and stop accessing the Services.

2. Description of Services
The Company facilitates online and in-person art education services to students. We aim at providing lessons on developing
skills from beginner level and various innovative art like origami, contemporary art, clay modeling, wood work, craft
making, art out of waste, music and many more. The concept is to offer to students opportunities to take your art skills
to another level by offering weekly classes at their convenience.

3. User ID and Password
In order to access the Company’s Platform and its services, You may have to create an account and disclose information
including, but not limited to, (i) name, e-mail ID, photograph, location and other contact information (ii) gender and other
demographics (iii) birth date and year to validate the current age of the Child (iv) your email address to acquire the parental
consent. You must be at least 18 years old to register on the Platform. If you are under 18 years old, you are not permitted
to register on this site unless such registration is completed by a parent or legal guardian. You acknowledge that your user ID
and password (“Participant Account”) is for your exclusive use only. Use or sharing of your Participant Account with another
user or person is not permitted and is cause for immediate blocking of your access to the Platform, the Services and the
content provided by the Company and shall lead to termination of this Agreement without any notice.

You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under
it. You agree to immediately notify to the Company if you become aware of or have reason to believe that there is any
unauthorized use of your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and
to cooperate with the Company in any investigation of such unauthorized uses. The Company shall not under any circumstances
be held liable for any claims related to the use or misuse of your Participant Account due to the activities of any third party
outside of your control or due to tour failure to maintain the confidentiality and security of your Participant Account.

4. Trial Classes
We offer One (1) free trial class to our new members so that you get an opportunity to experience the services provided
by us. Only one (1) free trial class is permitted per new student. Multiple availment of trial classes by an individual either
through his/her own account or through someone else’s accounts, email IDs and/or in any other manner whatsoever, without
the prior written permission of the Company is not allowed and shall amount to a breach of the present Terms.

Any free trial class provided by the Company shall also be governed by these Terms.

5. Modules and Curriculum
The Company will have its sets of modules according to which the student is expected to complete his/her levels.
The Company has tutors who will be assisting the student with their modules.

while during online classes, the Company shall also grant you access to its material, content, curriculum, documents and other
information and data (“Curriculum”) which may be in video, audio, written, graphic, recorded, photographic, or any other
format in relation to the modules for which you have registered for. The Company reserves the right to amend, revise or
update the Curriculum at any time.

6. License to Use
The Company hereby grants You or the Child, the limited, non-transferable, non-exclusive, and revocable license to access,
view and use the Platform only for the purposes of accessing, viewing, posting or submitting user material, using the embedded
link function, or for accessing information, applications and services. The Company reserves the right to suspend or deny, in its
sole discretion, your access to all or any portion of the Platform. This license is limited to personal and non-commercial uses
by You or your Child. Any rights not expressly granted to You herein are reserved to Company.

You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works
of the Curriculum, or any part thereof, in any manner or through any communication channels or means, for any purpose other
than the limited purpose mentioned above, without the Company’s prior written consent.

7. Intellectual Property Rights
You acknowledge that the Company is the sole and exclusive owner of the Platform, the services provided by the Company,
the curriculum, and its content and as such the Company is vested with all the Intellectual Property Rights and other
proprietary rights in the Platform, the Services, content and the curriculum.

The Company may from time-to-time upload videos, audios/ sound recordings, content and other materials on the website or classes
which shall be the exclusive property of the Company. You undertake not reproduce, transmit, retransmit, distribute, publish,
post, share or make available the said videos, audios/ sound recordings, content and other materials or any part thereof which
are available on the Platform or during sessions in any manner whatsoever.

Additionally, the Company also retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress,
trade-secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via
this Platform, including but not limited to all texts, graphics, photos, illustrations, apps and logos. You shall not copy,
download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form
without the prior written consent of the Company.

The Company retains all the rights in the video recordings, sound/audio recordings, images, photos, pictures/ images clicked
during the classes, lectures delivered by the Company’s tutors, text and other material posted on the Platform and shall
be the sole owner of the same. You undertake that you shall not record, make videos or sound/ audio recordings, take screen
shots, click pictures and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share or make
copies of any of the classes/ lectures that are conducted by the Company (including the trial classes), video recordings,
sound/audio recordings, images, photos, pictures/ images, text or other material, whether in full or in part, unless you obtain
prior written approval from the Company. Any recordings, videos, sound/audio recordings, screen shots, pictures, images,
material or content which is obtained in any manner without the prior written consent of the Company shall amount to
breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws.
All other rights are reserved.

8. Use of the Platform by the member/student.
You expressly acknowledge and undertake that:

You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child or myself.
You grant your consent to the Company for you/your child to attend and participate in the classes, courses, tests, sessions,
workshops and/or any other program conducted and/or organized by the Company on its Platform and in relation to the services
provided by the Company. You undertake that the participation of the you/Child and all the activities done by you/the Child will
be under your direct and constant supervision. You further accept full and complete liability arising out of the you/child’s acts,
whether direct or indirect.

9. Payment and Refund
The Platform is a paid service and the payments made by You shall be according to the plans opted by you after interacting
with the Company’s team. You explicitly agree to pay the fees for the courses/ plans that you choose, and you authorize the
Company to charge you as per the applicable payment mode opted by you. All payments shall be through the payment
mechanism put in place by the Company and You shall be responsible for paying all fees and applicable taxes in a timely manner
as per the mechanism associated with the Plan availed by You. Users have been given various options to choose and proceed with
the payment for the Services via payment mechanisms including but not limited to Card Payment facilities,Online Bank Transfer
and Wallet Payment. With reference to Clause 11, the payment gateway mechanisms are governed by the terms and conditions
of the third-party providers as listed on the Platform and the User agrees to be bound bythose terms.

Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card
payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed
to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for
any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of fees paid is
unrefundable. You will be informed about it by the company and member/student agree and acknowledge to it.

Any charges related to app publishing (e.g. charges levied by app store, play store) will be incurred by the User.

We reserve the right to change any fees at any time at our sole discretion and any change, update, or modification in
the fee shall become effective immediately upon the same being posted/uploaded or notified on our website.

10. Linking
You or the Child may establish a link to one or more site(s), provided that:

the link is legal and not detrimental or damaging to and/or does not take unfair advantage of our reputation or business;
such linking is not for advertising or promotional purposes (unless We have expressly agreed to it);
the link is not from any website which promotes any political or religious views, or promotes or depicts intolerance,
hatred, discrimination, violence, pornography or illegal activity;
the link does not falsely or misleadingly imply or suggest that We endorse, approve of or are associated with the linked
website, its web pages or any of its contents; and
framing of any site on any other website is not allowed and You must not provide access to the site or part of it under
any other URL.
The Company may withdraw your or the Child’s right to link to any site without notice and at any time (acting in our
sole discretion).

Where any site and/or application contain links to other websites, web pages, resources, or mobile services which are
proprietary to third-parties, other users, advertisers or sponsors, such websites, web pages, resources and mobile services
are provided for your information only and You access them at your own risk. The Company will not be held liable or
responsible for the content or operation of third-party websites, web pages, resources or mobile services.

11. Third Party Services
You acknowledge that the Services provided by the Company uses and/or contains certain softwares, products and services
which are developed and owned by third parties, the use of which is governed by terms and conditions of such third parties.
Please read the User Agreement and Privacy Policy for these sites separately before using the said third party websites.
By accessing the said third party websites, you agree to be bound by the respective user agreement and privacy policy
of these third parties. Accordingly, you agree that the Company will not be responsible for such Third-Party software,
products and services nor for any error, malfunction or defect in the Service resulted therefrom.”

12. Third Party Permission
The Company has subscribed to various third-party service providers and you agree and acknowledge that, while accepting
these terms, you explicitly grant permission to these service providers to use your information. In the event of any dispute
between the third party and you the company shall not be held liable in any matter whatsoever.

13. User Content
The Company offers You/the Child the opportunity to submit, post, display, transmit, perform, publish, distribute or
broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio
recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information.

The Company may remove content at its discretion, subject only to its express obligations in respect of peer-reviewed articles.

You/the Child may choose to write and post reviews on the Platform. We do not encourage you/your Child to post any Personal
Information on the Platform and the ill effects of such revelation shall be borne by you. However, you can request the
Company via e-mails to delete any such information posted by the you/Child. For the purpose of verification, the Company will
review and scrutinize such emails before responding.

You warrant and represent that your content, and the content of any website from which You include a link to any site,
or to which You post a link from a site, will not be inappropriate. Without limitation, content (and the content of
third-party websites) may be considered inappropriate if:

it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
it is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading,
offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates
violence;
it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by You;
it prejudices any active or pending legal proceedings of which You are aware;
it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
it infringes any intellectual property rights proprietary to the Company or any third party;
it is technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms,
harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element
which is intended to harm the Company or any third party, or to carry out or facilitate any fraudulent or dishonest
transaction);
it advertises or promotes any product or service or makes any requests for donations or financial support;
it is spam or junk content;
it impersonates another person or otherwise misrepresents your identity, affiliation or status;
it would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise
unlawful; and/or it is in breach of these Terms and/or of any Additional Terms.
The Company will not be held responsible or liable for any of the User content provided by You on the Company website.
You must not attempt to avoid or undermine any protections that the Company may put in place for the security and
operation of any website.

You hereby explicitly consent and grant permission to the Company to record, make videos, audio/sound recordings, take
screenshots during the classes/ lectures that are conducted by the Company on its Platform to the extent required to
improve the services offered by the Company.

All rights, ownership, and intellectual property in the ‘User Content’ created by you/your child on or by using the platform,
during the period of the tutorial classes or the course, shall vest in the Company. You hereby explicitly consent and transfer
all such rights, ownership, and intellectual property in the ‘User Content’ to the Company for a worldwide, royalty-free, and
perpetual use. The Company shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from,
distribute, perform, and display any/all such ‘User Content’.

You/your child undertake to use the Company’s platform and intellectual property for only the purposes envisaged in
the instant terms and shall not use the same for any unauthorized or unlawful purpose. Should you/your child use the
Company’s platform or intellectual property with any third party’s intellectual property in any manner, then you and your
child will be solely responsible to obtain all necessary permissions, authorizations and licenses from the said third party. In the
event you/your child use the Company’s platform and intellectual property beyond the limited rights granted to you and
your child under these terms, then you and your child shall be solely responsible for the same and shall indemnify the company
for all losses, claims and damages in this regard.

You/your child will be solely responsible to ensure that any content or intellectual property created by the you/child shall
not contain any bugs, virus and malware or infringe any third party’s intellectual property rights or violate any applicable
laws (including data protection and privacy laws) in any manner.

By uploading, submitting, creating, or publishing your User Content to or through the Services, you represent, and warrant
that:

you are the creator and owner of your User Content and that you have the authority to use or have the necessary licenses,
rights, consents, and permissions to publish the User Content you submit your User Content does not and will not
infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right,
privacy right, right of publicity, or any other intellectual property or proprietary right slander, defame, libel, or invade the
right of privacy, publicity or other property rights of any other person your User Content does not contain any viruses, adware,
spyware, worms, or other malicious code.

14. Intended Purpose of Use
Any application, code or content created using the Company’s platform are intended to be used solely as prototypes and for
evaluation of validity and practicability of ideas. All such applications, codes and/or content may be solely created for
educational purposes and gathering feedback by the students and are in no way fit for or meant to be used for any
commercial use. Any other use of such apps, codes or content, other than the use specified herein is prohibited by the Company
and the Company shall not be liable for the same and you/your child shall indemnify the company for any loss, claims
or damages suffered by the Company in this regard.

15. User Communication
You hereby explicitly consent to receive email, telephone, WhatsApp or text messages from Vith Art Room, for the purpose of
providing alerts and information related to services. Reply ‘STOP’ on the same number to
stop receiving any further SMS. Reply ‘HELP’ to get help. Standard data charges are applicable for SMS.

16. Rule of Conduct
Users must comply with the laws that apply to You in the location that You access Company’s Services from. If any laws
applicable to You restrict or prohibit You from using Services of Company, You must comply with those legal restrictions or,
if applicable, stop accessing and/or using the Services of Company. You promise that all the information You provide to
Company on accessing and/or using the Services of Company is and shall remain true, accurate and complete at all times.

Notwithstanding any other provision of these Terms You agree and undertake not to:

Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works
out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the
applicable mandatory law in your jurisdiction);
Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices
and legends contained on or in the Service;
Create software which mimics any data or functionality in the Service;
Use or deal in the Service except as permitted by these Terms;
Include contact details intended to enable communication outside of the Service, in any Communication;
Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
Make any public, business or commercial use of the Service or any part of them;
Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service
without prior written permission of Company;
Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly
providing links to the Platform, or showing either to other people);
Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
Delete or obscure any copyright or other proprietary notice on the Service.
The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers
and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage
over other users, and You expressly consent to Company’s monitoring your computer’s random access memory for the purpose
of identifying said unauthorized third-party programs.

17. Limited Liability
You are held personally liable for any violation of a third party’s rights by You/your Child. You agree to reimburse
Company for all damages resulting from the culpable non-observance of the obligations of these Terms. You release the
Company from all eligible claims that other users or third parties may file against Company due to a violation of their rights
by content posted by the user or due to a violation of other obligations. You shall assume the costs of Company legal defense,
including all court and legal fees. This condition does not apply if the you are not responsible for the infringement.

Company ensures that the information and the training facilitated by the tutors on the Platform is accurate but does not
guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts
no responsibility with respect to the information and coaching given by the tutors on the Platform.

You agree and understand that Company does not states or claims any warranty for the quality of lectures delivered by the
tutors listed on our Platform.

The Company undertakes the scrutiny of the curriculum delivered by the tutors however, the Company does always not
guarantee the quality of lessons delivered to you/the Child. At any instance of live interactive classes, if the tutor uses any
sexual or abusive language or depicts any forced sexual acts, or pornographic images or does any unethical, unlawful or immoral
act, then in such cases, please immediately inform the Company at the contact provided below in Clause 26. The Company
will make all efforts to take any and all necessary actions as per the applicable law. However, the Company explicitly disclaims
any liability or responsibility in the event of such a circumstance.

Company will not be held responsible for any unethical, illegal acts performed by you/the Child on the advice of tutor and it
shall be your responsibility to closely monitor the activities of yourself/your Child while accessing the Platform.

In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, injuries or damages for
loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort,
arising from your access to, or use of, the Platform or any content provided on or through the Platform.

The Company facilitates educational and informational on an “as is” basis and is liable only to provide its services with
reasonable skill and care.

The Company’s liability for any and all claims in the aggregate, arising out of or related to your use of the Platform,
shall not under any circumstances exceed the amounts actually paid by You to the Company for its Services.

Company is not liable to any injuries caused to you/ your child during class sessions and you/ your child take full responsibility of it.

External Sites have not been verified or reviewed by Company and all use and access of External Sites is made at your own
risk. “External Sites” means third party websites and online services to which the Service links. The Company gives no other
warranty in connection with the Service and to the maximum extent permitted by law, Company excludes liability for:

any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether
or not such arises out of any problem which Company have been made aware of;
the accuracy, currency or validity of information and material contained within any communications or the Service;
any interruptions to or delays in updating the Service;
any incorrect or inaccurate information on the Service;
the infringement by any person of any copyright or other intellectual property rights of any third party through any
communication or use of the Service;
the availability, quality, content or nature of External Sites;
any transaction involving External Sites;
any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment,
software, data or other property caused by persons accessing, using or downloading the Service, or any Communication (save
that, where digital content supplied to You by Company or on behalf of Company through the Service causes damage to your
digital content or devices You may be entitled to compensation or repair or replacement, in which case kindly inform to
Company); andall representations, warranties, conditions and other terms and conditions which but for this notice would have
an effect
The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be
liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of
any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire,
flood, war or act of God.

Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory
or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law.

You agree that in relation to your use of the Service You will not in any way conduct yourself in a manner which is unlawful,
or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute. You agree that You
are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that
occur under your account.

No amendment will take place if such amendment would substantially disrupt the contractual balance between the parties.
Users will be informed of any amendments to the general Terms via the Platform or via notice by email or in writing.

18. Termination
Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend access to and/or
use of the Platform, Services provided by the Company and any part of it, if Company considers (in the sole discretion of
Company) that You have breached any of these Terms.

You may also terminate your agreement with the Company by ceasing to access the Platform, Service, deleting all copies of
the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to
the time of termination.

19. Severability
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or
unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and
enforceability of the other provisions of these Terms shall not be affected.

20. Assignment
Any rights and licenses granted hereunder shall not be transferred or assigned by you but, shall be assigned by the Company.
Any attempted transfer or assignment in violation hereof shall be considered as null and void.

21. Waiver
No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other
term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such
right or provision.

22. Government Laws and Jurisdiction
Any dispute or difference either in interpretation or otherwise, of the Terms and other Policies on the Platform, between
the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be
final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act,
1996 as amended from time to time. The seat of arbitration shall be held in Mumbai and the language shall be in English.

The Terms shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts in
Mumbai shall have exclusive jurisdiction.

Without any prejudice to particulars listed in Clause 26 above, the Company shall have the right to seek and obtain any
injunctive, provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or other intellectual
property rights or confidential information or to preserve the status quo pending arbitration.

23. Entire Agreement
This Agreement, along with the Privacy Policy, Terms of Use, and any additional guidelines, rules, and/or disclaimers posted on
the Platform constitutes the entire agreement governing your use of our Website and supersedes any prior agreements, if any,
relating to any matter dealt within this Agreement.

24. Contact
If you have any questions about these Terms, please contact us by email or postal mail on the following address:

Name: Vith Art Room,

E-mail id: URL: vithartroom@gmail.com

Address:  Vith Art Room 2nd Floor, Ramans Arcade, Kaloor – Kadavanthara Rd, Gandhi Nagar, Elamkulam, Kochi, Kerala 682017

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