Terms and Conditions
Terms and Conditions
Welcome to Khela!
These Terms and Conditions ("Terms") govern your use of the Khela Software-as-a-Service (SaaS) platform, including the website hosted at khela.co.in and any related mobile applications (collectively, the "Platform").
Please read these Terms carefully before using the Platform. By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.
1. Agreement and Parties
1.1 The Company
The Platform is owned and operated by Vishwakarman Technology Private Limited (also referred as VT), a company registered in Kolkata, West Bengal, India ("Company,", "VT", "we," "us," or "our").
1.2 User
The "User" or "you" refers to any individual or entity accessing or using the Platform, including merchants, service providers, or customers booking services through the Platform.
2. Platform Service Description
Khela.co.in provides an online SaaS platform designed to facilitate the booking, management, and provision of services by independent merchants/vendors to their respective customers. Khela acts purely as an intermediary connecting merchants and customers; we are not the direct provider of the services booked through the Platform.
3. User Accounts and Eligibility
3.1 Account Creation
To access certain features, you must register for an account. You agree to provide accurate, complete, and current information during the registration process and to keep your account information updated.
3.2 Security
You are responsible for maintaining the confidentiality of your account password and are fully responsible for all activities that occur under your password or account. You agree to notify us immediately of any unauthorized use.
3.3 Eligibility
You must be at least 18 years old to use the Platform, or have the express permission and supervision of a parent or legal guardian.
4. Payment, Fees, and Merchant Transactions
4.1 Platform Fees
The Company charges certain platform and transaction fees for the use of its SaaS services. These fees, which may be applicable to merchants and/or customers, will be disclosed clearly on the Platform or in a separate Merchant Agreement, as the case may be.
4.2 Merchant Transactions
All bookings, sales, cancellations, and refunds are contractual agreements between the User and the Merchant providing the service. Khela.co.in is not liable for the quality, legality, or fulfillment of services offered by merchants.
4.3 Refunds and Cancellations
Refunds and cancellations are governed by the individual Merchant's cancellation policy. While the Platform facilitates the booking and payment process, Khela.co.in does not issue refunds for merchant services unless explicitly stated otherwise in a separate written agreement with the merchant.
5. Intellectual Property Rights
5.1 Platform Intellectual Property
The Platform, its content, features, and functionality, including but not limited to the software, design, text, graphics, and underlying code, are the exclusive property of the Company VT and are protected by Indian and international copyright, trademark, and other intellectual property laws.
5.2 User Content
You retain all rights to the data and content you upload to the Platform ("User Content"). By uploading User Content, you grant the Company a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and display the User Content solely for the purpose of operating, improving, and promoting the Platform and its services.
6. Prohibited Conduct
You agree not to use the Platform to:
- Violate any local, state, national, or international law, including laws of West Bengal, India.
- Infringe on any intellectual property rights of any party.
- Upload or transmit malicious code or viruses.
- Interfere with or disrupt the integrity or performance of the Platform or the data contained therein.
- Collect or harvest personal data of other users without their express consent.
- Offer or book illegal or prohibited services.
7. Limitation of Liability and Disclaimer
7.1 Disclaimer
The Platform is provided on an "AS IS" and "AS AVAILABLE" basis. The Company makes no warranties, expressed or implied, regarding the operation or availability of the Platform or the services offered by merchants.
7.2 Limitation of Liability
To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising from your use of the Platform or services booked through it. Our total liability to you for any damages shall not exceed the amount of fees paid by you to the Company (excluding fees passed to merchants) in the three (3) months preceding the claim.
8. Governing Law and Jurisdiction
8.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.
8.2 Jurisdiction
Any dispute arising out of or relating to these Terms or the Platform shall be subject to the exclusive jurisdiction of the courts located in Kolkata, West Bengal, India.
9. Changes to Terms
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 7 days' notice prior to any new terms taking effect. By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms.