WOKA CREATIONS PRIVATE LIMITED (hereinafter referred to as “WOKA” or “We” or “Us” or “Our”) is a private limited company, incorporated under the Companies Act, 2013 having registered address at 2501, Raheja Legend, Dr.Annie Besant Road, Worli,Mumbai-400030.
WOKA CREATIONS PRIVATE LIMITED operate mobile Platforms and website http://www.wokaland.com/ under brand names WOKA enables you (hereinafter referred to as, “You”, “you”, “your” or “User”) to use and enjoy free and subscription video on demand services on the website and/or mobile Platform (“Platform”) including all features and functionalities, the Platform, and user interfaces and associated software (“Services”). WOKA is committed to operating its Platform with the highest ethical standards and appropriate internal controls.
THESE WEBSITE TERMS IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THESE TERMS DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.
Please note that your visit, use of or access to Our Platform are subject to the following terms; if you do not agree to all of the following, you may not use or access the Services and Platform in any manner.
When You use any of the Services provided on the Platform, You shall be subject to the rules, guidelines, policies, terms, Privacy Policy and conditions applicable to such Services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.
Please read on to learn the rules and restrictions that govern your use of our Platform/Services. These Terms and Conditions (the “Terms” or the “Agreement”) are a binding contract between you and WOKA. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at contact@wokacreations.com
You must agree to and accept all the Terms, or you don’t have the right to use the Services. Your usage of the Services in any way implies that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions mentioned below, as well as those in the Privacy Policy.
You are aware and you accept that all information, content, materials, products on the Platform is protected and secured.
You acknowledge that the software and hardware underlying the Platform as well as other internet related software which are required for accessing the Platform are the legal property of either WOKA or its respective third-party vendors. The permission given by WOKA to access the Platform will not convey any proprietary or ownership rights in the above software/hardware.
Please note that the availability of the Service in Your jurisdiction, and Your ability to access the Service is subject to WOKA’s sole discretion. WOKA may at its sole discretion restrict the Service from being accessed in certain geographical locations. You undertake that Your access of the Service shall be in compliance with all applicable laws (as amended from time-to-time). You understand that Your access of the Service and its contents may vary depending upon Your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that We will provide You only access to the Service and that You will be solely responsible for all equipment and related cost as may be necessary for You to access the internet, mobile and/or other connection, operator and service fees associated with Your access, etc.
You understand and accept that WOKA is not responsible for the availability of content or other services on third party sites linked from the Platform. You are aware that access of hyperlinks to other internet sites are at Your own risk and the content, accuracy, opinions expressed, and other links provided by these sites are not verified, monitored or endorsed by WOKA in any way. WOKA does not make any warranties and expressly disclaims all warranties express or implied, including without limitation, those of merchantability and fitness for a particular purpose, title or non-infringement with respect to any information or services or products that are available or advertised or sold through these third-party platforms.
You agree that You will not use the Platform for any purpose that is unlawful or prohibited by these Terms. You also agree You will not use the Platform in any manner that could damage, disable or impair the Platform or interfere with any other party’s use, legal rights, or enjoyment of the Platform. You hereby represent and warrant that You shall make use of the Platform as a prudent, reasonable and law abiding citizen and You shall comply with relevant necessary laws.
The Services on the Platform are primarily offered and made available to children below the age of 16 years (“Child”) without any restriction to anyone, subject to the terms hereof. Any access and usage of the Service by a Child shall be deemed to be subject to parental/legal guardian consent and under parental/legal guardian’s guidance and supervision at all times.
Additionally, by continuing using the Platform or Services of WOKA You are confirming that:
The Users who wish to avail of the Services may register by creating an account on the Platform (“Account”) and payment of the applicable fees. In order to register an account on the Platform, You may be required to share certain personal information including but not limited to email address, mobile number, etc. with Us. You hereby acknowledge that You will be responsible for maintaining the confidentiality of Your account information and You are fully responsible for all activities that occur under Your account and also agree to keep your login credentials safe and confidential at all times.
If You have reason to believe that Your Account details have been obtained by another without consent, You should contact WOKA immediately in accordance with the contact details given below, to suspend Your Account and cancel any unauthorized orders or payments that may be pending. We accept no liability for any losses or damages incurred as a result of (i) Your Account details being shared by You; or (ii) unauthorized access to Your Account by a third party.
If the User wishes to delete their Account, You can do so at any point of time by writing to contact@wokacreations.com or by visiting the Delete Account section on the Platform.
The Platform offers the Services to the Users which includes, the provision of free and subscription video on demand including all features and functionalities, the Platform, and user interfaces and associated software. It is hereby expressly clarified that any or all interaction, communication, dealing, or transaction between the Users and such third party provider in respect of availing of any products/services offered by the third party provider forms a separate and independent transaction between the User and such third party provider without any liability accruing to or on us for any matters arising out of or in relation to the same.
WOKA hereby grants You a personal, revocable, non-exclusive, non-transferable right to access and use the Service, for non-commercial private viewing only, in accordance with these Terms. The Terms govern Your access to the Services provided on the Platform and any interaction and engagement with the Service as well as the data, message, text, image, audio, sound, voice, codes, computer programmes, software, database, micro film, video, information, content, etc. that You host, publish, share, transact, display and/or upload (as the case may be).
The number of devices on which you may simultaneously watch depends on your chosen subscription plan to avail of the Services however in no event the total number of concurrent use can exceed more than 20 devices at a moment.
The quality of the display on the Platform may vary from device to device, and may be affected by a variety of factors, such as Your device, location, the bandwidth available through and/or speed of Your internet connection. HD, Ultra HD and HDR availability is subject to Your internet service and device compatibilities and capabilities.
Some of Our content on the Service is available for temporary download and offline viewing on certain supported devices (“Offline Views”) and Offline Views shall be subject to limitations including restrictions on the number of Offline Views per account, the maximum number of devices that can contain Offline Views, the time period within which you will need to begin viewing Offline Views and how long the Offline Views will remain accessible.
The User may register an account on the Platform and choose a suitable subscription plan, the details of the which are described in Annexure A - “Subscription Plans” below. The User shall make periodical payments in accordance with their chosen Subscription Plan and all subscription sees specified for each Subscription Plan shall be inclusive of applicable taxes.
You hereby acknowledge and understand that WOKA only facilitates the third party payment gateway for processing of payments on the Platform. The third-party payment gateway service provider will require certain financial information including Your credit card/debit card or other banking information. Other than providing a confirmation upon receipt of payment against a membership account, WOKA disclaims any and all liabilities in relation to Your payment processing by such third-party payment gateway service provider and the collection and processing of any information provided to party payment gateway service provider.
The Platform may allow You to interact and engage with the Services (such as any interaction or engagement on learning, edutainment and fun section such as painting, sing-along, etc.) publish content, data, information, text, images, videos, audios, audio-visuals, Your opinion, recommendation, advice, view, etc. (“User Content”). Such User Content does not reflect the views of WOKA and WOKA does not in any manner endorse or recommend any User Content. In no event shall WOKA be held responsible for any User Content and/or be liable for any loss or damages resulting from publishing of the User Content on the Platform whatsoever.
WOKA reserves the right in its sole discretion to delete, block, restrict, disable or suspend Your account or part thereof. Further, WOKA shall have the sole and absolute right to take down, delete or remove any User Content from the Platform at its sole discretion.
If the User is found engaging in any fraudulent/illegal activities including but not limited to the following activities i.e. abusing any of the representatives of the organization, indulge in fraudulent activities on the Platform, using mass media and/or bots to engage with the platform, using mass media and/or bots to malign the organization’s reputation these activities may be referred to appropriate legal authority for a legal recourse. While WOKA shall endeavor to periodically monitor the User Content posted on the Platform, WOKA shall not be responsible for the same at any time.
Additionally, in relation to the posting of User Content and by continuing using the Platform or Services of WOKA You shall not:
By submitting a User Content, You grant WOKA a perpetual, worldwide, royalty-free, irrevocable, non-exclusive license to use, and authorize others to use the User Content in whole or in part, in any and all media, now known or hereinafter developed, including rights to use the User Content in isolation or in combination with any other material. You agree that in such circumstances, You are not entitled to any intimation or compensation from WOKA. Intellectual property rights in any and all improvements made to the User Content by WOKA shall vest in WOKA upon its creation without any charge.
You agree that during Your use and access of the Platform and/or availing of the Services offered by the Platform, You will provide Us with certain information and other data as mentioned under these Terms herein which may or may not be otherwise publicly available. Please note that We respect the privacy and confidentiality of such data and the provisions pertaining to such private information and data as provided by You under these Terms, are governed under the Platform’s Privacy Policy which is available at http://www.wokaland.com/privacy and by using and visiting the Platform and availing the Services of the Platform, you also agree to the terms and conditions of our Privacy Policy.
All rights and title to all the intellectual property contained within the Platform including without limitation all its constituents, content, text, images, audios, audio-visuals, literary work, artistic work, musical work, computer programme, dramatic work, sound recording, cinematograph film, a video recording, performance and broadcast under the Copyright Act, 1957, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, artist profiles, illustrations, contests, and all other elements, data, information and materials (“Intellectual Property”) shall belong solely and absolutely to WOKA. WOKA Platform is protected by copyright, trademarks, patents, trade secret and/or other relevant intellectual property laws of the land.
No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without WOKA’s express written permission. You are hereby given a limited license to use the Platform for Your personal and non-commercial use, subject to Your acceptance of these Terms. You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the WOKA Platform.
In no event shall WOKA or its directors, employees, associates, partners, or suppliers will be liable to you for any loss or damage that may cause or arise from or in relation to these terms and conditions or due to use of this Platform/website or due to investments made using this Platform or availing any product or services from any third-party service provider.
You agree to indemnify WOKA or its directors, employees, associates and/or partners for all the liabilities (including claims, damages, suits or legal expenses in defending itself in relation to the foregoing) arising due to (i) use or misuse of the Platform (ii) non-performance and/or non-observance of the duties and obligations under these Terms of Use and conditions or due to Your acts or omissions (iii) any act, neglect, misconduct or fraud on Your part.
You warrant that all the details and information provided by You to WOKA or its directors, employees, associates and/or partners while using this Platform (including for the purposes of carrying out investments) shall be correct, accurate and genuine.
To the fullest extent permissible pursuant to applicable law, WOKA and its directors, employees, associates and/or third-party partners disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from WOKA or through the Platform will create any warranty or guarantee other than those expressly stated herein.
DISCLAIMERS
THE USER AGREES AND UNDERSTANDS THAT THE PLATFORM IS PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM OR THE INFORMATION AND CONTENT INCLUDED ON THE PLATFORM. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM, ITS SERVERS, OR EMAIL/ OTHER COMMUNICATION SENT FROM THE PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
ALL INTERACTION, COMMUNICATION, DEALING, OR TRANSACTION BETWEEN THE USERS AND THE THIRD-PARTY PROVIDER IN RESPECT OF ANY PRODUCTS/SERVICES OFFERED BY THE THIRD-PARTY PROVIDER IS A SEPARATE AND INDEPENDENT TRANSACTION BETWEEN THE USER AND SUCH THIRD-PARTY PROVIDER WITHOUT ANY LIABILITY ACCRUING TO OR ON US FOR ANY MATTERS ARISING OUT OF OR IN RELATION TO THE SAME. THE USER EXPRESSLY AGREES AND ACKNOWLEDGES TO HOLD HARMLESS US IN RESPECT OF ANY COST, CLAIMS, DAMAGE, LOSS OR EXPENSES ACCRUED, SUFFERED, INCURRED BY US OR ANY THIRD PARTY ARISING OUT OF OR IN CONNECTION WITH ANY SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USER AND THIRD-PARTY PROVIDERS. THE USER ACKNOWLEDGES THAT WE DO NOT HAVE ANY CONTROL OVER SUCH DEALINGS AND TRANSACTIONS AND PLAYS NO DETERMINATIVE ROLE IN THE PERFORMANCE IN RESPECT OF THE SAME AND WE SHALL NOT BE LIABLE FOR THE OUTCOMES OF SUCH COMMUNICATION, INTERACTION, DEALINGS AND TRANSACTIONS BETWEEN THE USERS AND THE THIRD-PARTY PROVIDERS.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY PROVIDER IN ANY MANNER AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND SUCH PARTY PROVIDER. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM THROUGH SUCH THIRD-PARTY PROVIDER, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
If the whole or any part of the performance is prevented, hindered or delayed by a Force Majeure event (as defined below), WOKA shall not be liable for any failure to perform any of its obligations under these terms and conditions or those applicable specifically to its services/facilities, and in such case its obligations shall be suspended for so long as the Force Majeure event continues. “Force Majeure Event” means any event, due to any cause beyond the reasonable control of WOKA, including without limitations, unavailability of any communication systems, breach, or virus in the digital processes or payment or delivery mechanism, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, lockdown, computer hacking, unauthorized access to computer data and storage devices, computer crashes, malfunctioning in the computer terminal or the systems getting affected by any malicious, destructive or corrupting code or program, mechanical or technical errors/failures or power shut down, faults or failures in telecommunication etc.
All illegality, invalidity or unenforceability of any provision of these Terms under the law of any jurisdiction will not affect its legality, validity or enforceability under the law of any other jurisdiction nor the legality, validity or enforceability of any other provision.
No failure on the part of any party to exercise, and no delay on its part in exercising any right or remedy under this Agreement will operate as a waiver thereof, nor will any single or partial exercise of any right.
You agree that We may transfer, subcontract or otherwise deal with our rights and/or obligations under these terms at any time without any further notice to You. You agree that you cannot assign or otherwise transfer, subcontract the terms or any rights granted hereunder to any third party.
Any dispute, controversy, claims or disagreement of any kind whatsoever between the Parties in connection with or arising out of this Agreement shall be referred for arbitration, to a sole arbitrator appointed by WOKA, through arbitration to be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of such arbitration shall be at Chennai, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
These Terms shall be governed, interpreted, and construed in accordance with the laws of India, without regard to the conflict of law provisions and for resolution of any dispute arising out of your use of the Services or in relation to these Terms. Notwithstanding the foregoing, you agree that (i) WOKA has the right to bring any proceedings before any court/forum of competent jurisdiction and you irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by you shall be exclusively before the courts in Mumbai, India.
These Terms, together with the other guidelines, rules, terms, conditions and/or policies of the Platform, including the Privacy Policy and any other arrangement/agreement in relation the Services, constitute the entire agreement between the User and the Us and supersede all previous agreements, promises, proposals, representations, understandings and negotiations, whether written or oral, between the User and Us pertaining to the subject matter hereof.
Notwithstanding the termination or rescission of this Agreement, the provisions of this Agreement shall continue to apply to those duties and obligations which are intended to survive any such cancellation, termination or rescission, including, without limitation clauses related to Limitation of liability, Indemnity, Warranty, Intellectual Property, Dispute Resolution, Governing Law and Jurisdiction. Further any provisions of this Agreement which by implication are to survive the termination of this Agreement shall survive such termination. Termination of the Agreement shall not abate the causes of action that have accrued to the Parties prior to such termination.
WOKA reserves the right to change or modify, from time to time, any provision related to the Service(s) or these Terms, which also include, changing of the extent and scope of the Services and/or include any other category, service, facility or feature within the term ‘Service’, at the sole discretion of the Platform. Any such change(s) shall be effective immediately upon the posting of revised Terms and may be notified via Platform. You can determine when these Terms were last revised by referring to ‘LAST UPDATED’ at the top of these Terms. By using the services provided through this Platform, you shall be deemed to have accepted the Terms herein including the amended Terms published on the Platform from time to time. Your continued use of the Platform following the posting of changes mean that you accept and agree to the changes. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the Platform and the Services. It is further clarified that the User’s use and access of the Platform/Service(s) is subject to the most recent version of these Terms made available on the Platform at the time of such use.
If You have any queries with respect to the Services and/or the Platform, then address your e-mail with such queries to contact@wokacreations.com
If You have any grievances regarding the use of the personal information provided by you under these Terms or with respect to processing of such information, or any other complaints in relation to the Services offered on the Platform, please address your grievance to contact@wokacreations.com.
The Grievance Officer is identified above pursuant to the provisions of applicable laws including but not limited to the Information Technology Act, 2000 and the Consumer Protection Act, 2019, and the rules enacted under those laws
