The following terms of use shall be applicable to all users of the site www.hebbale.academy (hereinafter referred to as the Website) and the HAWCC platform accessed through it (hereinafter referred to as Platform which is deemed as part of Website) operated by Hebbale Labs Private Limited (hereinafter referred to as Company) with its registered office at:

#2627, 38th Cross, 9th Block Jayanagar, Bengaluru - 560069, Karnataka - India

YOUR ACCESS TO AND USE OF THE SERVICE IS CONDITIONED ON YOUR ACCEPTANCE OF AND COMPLIANCE WITH THESE TERMS. THESE TERMS APPLY TO ALL VISITORS, USERS AND OTHERS WHO ACCESS OR USE THE SERVICE. BY ACCESSING OR USING THE SERVICE YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS THEN YOU ARE REQUESTED TO REFRAIN FROM ACCESSING THE SERVICE.

DEFINITIONS

1. ‘Contract’ – the document or documents setting out the services to be provided by the Company together with these terms and conditions.

2. “We”, “Our”, and “Us” - shall mean and refer to the Company.

3. ‘You’, ‘User’ – the person, firm or organization using and accessing our services.

4. ‘Software’ - any executable files, help files and all other documentation and content that is in addition to the service available on the Website for download, installation, or purchase by Users.

5. “Platform” – refers to infrastructure as code (branded as HAWCC platform) which

6. “Booking” - refers to ordering or enrolling for an online service offered through the website or platform by making the applicable online payment through the payment gateway provided on the website.

7. “Look-in period” - refers to the period during which a booking for any service bought online could be cancelled through the link provided on the website. Any such cancellation before the expiry of the ‘Look-in’ period shall be applicable only after applying the incidental, transaction & gateway charges.

1. FORMATION OF CONTRACT

A contract would exist between Us and You as soon as You make the full advance payment, or as applicable in catalogue, for booking Our services and choose to keep such booking or enrollment valid on the website after the initial ‘look-in’ period.

2. SCOPE OF SERVICES

Our scope of service for each booking shall be as defined in the catalogue for the respective program or product or service on the website. In general, we provide live coding environments for learners to experience live coding projects on real cloud, with cloud services provisioned as per our plan & the program and content design. We offer services like Learning Content, a Work-like infrastructure for learning, Git account and Code stubs, Provisioned Virtual machines, Test suite and assessment service, Cloud Workspace, and Mentoring over Telegram App or through many other online virtual meeting tools.

3. REGISTRATION

1. Users shall register and/or enroll in order to get access to the services provided by the Company through the Website.

2. Only adult individuals who have attained the age of majority as per locally accepted norms or completed 18 years, whichever is later, can register and/or themselves with Us. Individuals who are not adults shall utilize or browse our Website only with the involvement, guidance and supervision of their parents and/or legal guardians, using such parent /legal guardian’s registered account.

4. PAYMENT

1. Registration to the Website is free of cost.

2. Users shall pay the prescribed amount for availing any of the paid Services offered by Us. We shall provide access to the content only after receiving the full payment or as given in the catalogue during checkout. Corporate & Enterprise users shall make payment as agreed through bulk or enterprise contracts.

3. Payment shall be made through credit/debit card, digital wallets, internet banking, UPI by retail or individual users. Enterprise or corporate or bulk users shall make payments as agreed through separate contracts.

4. We use a third-party payment gateway. The relationship between the Users and third-party payment gateway shall be governed by the Terms of Use and Privacy Policy of the said payment gateway and We shall not be party to any dispute arising there from. We are also not liable for any errors or delays made by the third-party payment gateway.

5. CANCELLATION/REFUND POLICY

1. You cannot change or cancel your subscription plan or enrollment or booking once You have subscribed and made the requisite payment, beyond the ‘Look-in’ period. Consequently, no refunds shall be entertained or processed on cancellation of booking or enrollment or subscription or membership once the ‘Look-in’ period is lapsed.

2. We shall not provide refunds where Your access is interrupted due to Your insufficient system requirements such as poor Internet connection, incompatible hardware/software and the likes.

3. Any cancellation of booking or enrollment or subscription within the ‘Look-in’ period shall be allowed only through the link provided on the website or platform under the respective user domain. No cancellation shall be accepted or entertained through email or phone or any other mode. All such cancellations completed online before the expiry of the “Look-in” period shall qualify for refund only as per the terms agreed at the time of enrollment after deducting transaction and processing charges.

6. WARRANTIES AND LIABILITIES

1. We do not warrant, guarantee or endorse the accuracy, completeness or quality of content and representations offered on our Website.

2. We undertake no liability, in any circumstances whatsoever, for the standard of services provided by third-party payment gateways.

3. We are not liable for events beyond the company’s control such as natural calamities, acts of terrorism or other similar factors which cannot be reasonably mitigated against.

4. We are not responsible for any interruption of service or any loss of data while transmitting any information over the Internet.

5. We do not have any control over the content and resources provided by the third-party websites through ads or links.

7. OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT

1. You agree and acknowledge that You are a restricted user of this Website, and that You shall refrain from providing any information

a. which is false, fraudulent, inaccurate, misleading or incomplete; or

b. which is defamatory, libelous, unlawfully threatening or unlawfully harassing; or

c. which contains any viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines or executable files that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information of any person whatsoever; or

d. which creates liability or causes us to lose in whole or in part, the services of our Internet Service Providers or other service providers/suppliers.

2. You further undertake that You shall not engage in the following activities:

a. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

b. Any unauthorized use of the Website, including collection of usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

c. Circumvention, disablement, or interference with security-related features of the Website, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Website.

d. Unauthorized framing of or linking to the Website.

e. Trick, defraud, or mislead Us and other Users, especially in any attempt to learn sensitive account information such as user passwords.

f. Attempt to impersonate another user or person or use the username of another user.

g. Sell or otherwise transfer Your profile.

h. Use any information obtained from the Website in order to harass, abuse, or harm another person.

i. Use the Website as part of any effort to compete with us or for any revenue-generating endeavour or commercial enterprise.

j. Disparage, tarnish, or otherwise harm, in our opinion, Us and/or the Website.

k. Use the Website in a manner inconsistent with any applicable laws or regulations.

8. TERMINATION OF CONTRACT

1. You may discontinue from our services at any point of time, by either opting out of your membership from the Website or by writing to us at support@hebbale.academy

2. We reserve the right to unilaterally terminate your use of the Website without notice or any liability for reasons of breach of the terms mentioned herein.

3. We also reserve the right to deny access to particular Users, to all/any of the services without any prior notice or explanation in order to protect the interests of other visitors to the Website.

4. You shall continue to be bound by these Terms and shall have no right to terminate these Terms till the expiry of the same.

9. INDEMNITY

You agree to indemnify, defend and hold Us harmless from and against all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Us that arise out of or result from, any breach or non-performance of any representation, warranty, covenant or agreement or obligation to be performed by You pursuant to these terms of use.

Further, You agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with:

a. Your use of the Platform,

b. Your violation of these Terms and Conditions;

c. Your violation of any rights of another;

d. Your alleged improper conduct pursuant to these Services;

e. Your conduct in connection with the Website;

You agree to fully co-operate in indemnifying us at your expense. You also agree not to reach a settlement with any party without our consent.

In no event shall We be liable to compensate You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not We had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the Your use of or access to the Website and/or the Services or materials contained therein. Our liability under all circumstances shall be limited to the fees paid by You, if any, after deduction of transaction and processing charges as per our policy and in no event Our total liability shall exceed the fees paid by You after deducting the transaction and processing charges.

10. INTELLECTUAL PROPERTY RIGHTS

Nothing contained herein shall give the Customer a right to use any of the Website’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive features, save according to the provisions of these Terms. All logos, content, trademarks, brand names, service marks, domain names are the property of the Company or the respective copyright or trademark owner. Furthermore, with respect to the application created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the Website. The Website contains copyrighted material, trademarks, trade secrets, patents, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of the Company protected by copyright as a collective work under the applicable copyright laws. You shall not decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website. No user is authorised to copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code. We reserve the right to remove any content from our Website that is alleged to infringe any other person’s intellectual property.

11. DISPUTE RESOLUTION TERMS

It is expressly agreed by the parties hereto that the formation, interpretation and performance of these Terms and any disputes arising therefrom will be resolved through a two-step Alternate Dispute Resolution mechanism. It is further agreed by the parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or the Privacy Policy. In case of any dispute between the parties, the parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one party communicating the existence of a dispute to the other, the dispute shall be resolved by arbitration. The parties expressly agree that the Terms, Policy and any other agreements entered into between the parties are governed by the laws, rules and regulations of Bengaluru, India. The policy shall be governed by and construed in accordance with the laws of India. Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of India, irrespective of the User location or geography, for the adjudication of any dispute hereunder or in connection herewith.

12. NOTICES

Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the Customer by emailing to support@hebbale.academy

13. MISCELLANEOUS PROVISIONS

a. Entire Agreement: These Terms, read with the Privacy Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto.

b. Waiver: The failure of either You or Us, at any time to require the performance of any provision of these Terms, shall in no manner affect such party's right at a later time to enforce the same. No waiver by either party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.

c. Severability: If any provision of these Terms is held to be illegal, invalid, or unenforceable by any court or authority of competent jurisdiction, the legality, validity, and enforceability of the remaining provisions of these Terms shall in no way be affected or impaired thereby, and each such provision shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any illegality, invalidity or unenforceability.