AGREEMENT

TERMS AND CONDITIONS OF SERVICE OF 'KANJI PATHSHALA'

Introduction -
1. Welcome to Kanji Pathshala, a mobile application / website designed to provide its users with information about the Japanese language to guide them in learning the Japanese language with ease. Kanji Pathshala acts as a facilitator for its users to help memorize Japanese Kanji and vocabulary using spaced repetition.
2. 'Kanji Pathshala' is a Mobile Application / Website platform developed and owned by the Machave Technologies (OPC) Private Limited. Hence, wherever applicable, the term 'Kanji Pathshala' shall mean and include the Machave Technologies (OPC) Private Limited.
3. Kanji Pathshala simply provides information about more than 2,20,000 sentences, 2,00,000 words and 10,000 kanji, exclusively to its users subscribed to its 'Premium Service'.
4. We take pride in providing accurate and up-to-date information to our users, and we work closely to ensure that the information we provide is reliable and trustworthy and the knowledge we provide is efficient and durable. We are committed to helping our users achieve their goals in learning the Japanese language.
5. Thank you for choosing Kanji Pathshala as your source for learning the Japanese language.
6. You may not use the Services until you have read this agreement. By using the Services, you indicate your unconditional acceptance of this agreement. If you do not accept this agreement, you must terminate your use of the Services.
7. As used in this agreement, the terms "you", "your" or "user" are synonymous, and refer to the person using the Services in any manner. The Services here do not necessarily mean the Services upon payment of the subscription fee. The term Services is exhaustive enough to accommodate all the users who access the Website / Application of the Kanji Pathshala in any manner whatsoever.
8. A "registered user" is a person who has registered on our Website / Application as a “user” from whom Kanji Pathshala will receive the information necessary for verification of identity of such user up to the extent legally permissible under the laws applicable to the Kanji Pathshala. (The stipulations with respect to such information gathered by the registered user, is more particularly described in 'Privacy Policy'.) Such “registered user”, along with any other “user” will be bound by the terms and conditions of this agreement.
9. Since we may change / amend this Agreement from time to time, you are requested and responsible to access, review such changes to the Agreement. If you continue to access the Website / Application subsequent to such changes / amendments to Agreement, you are deemed to have accepted and agreed to the changes. However, Kanji Pathshala shall not be under obligation to inform / intimate such amendments / alterations, to its users.
Services of Kanji Pathshala -
1. Services - The Kanji Pathshala provides its users with information about learning words, sentence formation and script in Japanese language. The term Services also includes the 'Premium Services' provided by the Kanji Pathshala to its 'registered user' upon payment of certain subscription fees.
2. Content - The services / content / information provided on the mobile Application / Website of the Kanji Pathshala is for informational purposes only and should not be relied upon as legal, financial, or professional advice. The Kanji Pathshala is not responsible for any actions taken by “user” and/or “registered user” based on the information provided on the mobile Application / Website of the Kanji Pathshala.
3. Accuracy - The Kanji Pathshala strives to provide accurate and up-to-date information, but cannot guarantee the accuracy or completeness of the information provided on the mobile Application / Website. The “user” and/or “registered user” should independently verify all information before making any decisions.
4. Liability - The Kanji Pathshala is not responsible for any loss or damage incurred by “user” and/or “registered user” as a result of using the information provided on the mobile Application / Website of the Kanji Pathshala. The “user” and / or “registered user” shall use the services and information on the mobile Application / Website of the Kanji Pathshala at their own risk.
Limited Rights to Services -
1. Subject to this agreement, you are hereby granted a limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access and use the Kanji Pathshala services on payment of applicable service fee, after proper registration.
2. The Services provided by the Kanji Pathshala are merely for the facilitation of the “user.” By registering as a “registered user” or by using the services of the Kanji Pathshala, the “user” or “registered user”, by paying applicable fees, will not be entitled for any specific return or guarantee from the Kanji Pathshala.
3. The Kanji Pathshala is merely a mediator and shall not be responsible for any result or outcome. The Kanji Pathshala shall connect you to the different sources providing words, sentences and idioms in Japanese language. Therefore, the Kanji Pathshala shall not be responsible for the offensive / abusive language used in such sources.
4. In no event shall Kanji Pathshala be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Services on the mobile application / website of the Kanji Pathshala, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
5. By using Kanji Pathshala, “users” and/or “registered users” agree to indemnify and hold harmless Kanji Pathshala, Machave Technologies (OPC) Private Limited, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising out of or in any way connected with their use of our Services.
Responsibility of the Registered User -
1. You agree to review your information prior to electronically submitting the same on the Website / Application. You must use your valid credit, debit card, net banking, or other acceptable form of payment instruments to pay all fees related to the Services and, except as otherwise provided herein, all fees are non-refundable.
2. You agree to submit genuine information to Kanji Pathshala. You will refrain from any illegal acts such as fabrication and forgery of documents and information. Kanji Pathshala will not be held responsible for any such illegal conduct from you.
3. You are the only person authorized to use your user identification and password, and you shall not permit or allow other people to have access to or use the same. You are responsible for maintaining the confidentiality of your user identification and password. To the fullest extent permitted by applicable law, Kanji Pathshala has no obligation to store or maintain any information you provide to it.
4. During the usage of Kanji Pathshala, all the information created by the user shall be stored in a device used by the user and Kanji Pathshala is not responsible for loss and / or corruption of such data.
In-app purchases and Subscriptions -
1. Payment Method - A Registered User can make payment through the modes provided in the App itself.
2. All the payments made on Kanji Pathshala App are handled by Google Play Store.
3. Subscription Fees - The Kanji Pathshala offers subscription-based services to “registered users” to access / avail the Premium Services offered by Kanji Pathshala. Subscription fees are subject to change at any time, with or without notice to “registered user.”
4. Notice of Fee Changes - In the event that the subscription fee is changed by the Kanji Pathshala, then the Kanji Pathshala will make reasonable efforts to notify “registered user” of the change prior to the effective date of the change. Such notification may be provided by email or through a notice on the website or within the mobile application itself.
5. Acceptance of Fee Changes - By continuing to use the mobile application / website of Kanji Pathshala after a subscription fee change has been made, “registered users” accept the new fee schedule and acknowledge that they will be charged the new fee on their next billing cycle.
6. Cancellation of Subscription - If a “registered user” does not agree to a change in subscription fee, the user may cancel their subscription before the new fee takes effect. If the “registered users” do not cancel their subscription before the new fee takes effect, the “registered users” will be charged the new fee for their next billing cycle.
7. Refunds - The Kanji Pathshala does not offer refunds or prorated refunds in the event of a change in subscription fee for “registered user”.
8. Right to Modify or Discontinue Services - The Kanji Pathshala reserves the right to modify or discontinue its subscription-based services at any time, with or without notice to “registered users.” If a service is discontinued, the Kanji Pathshala will make reasonable efforts to notify “registered users” and provide refunds for any unused portions of the subscription, subject to terms of Refund Policy.
Reservation of ownership rights -
1. Kanji Pathshala and all logos, images, source codes, graphics, text, documents, photographs, audios, videos, illustrations, app design, website design, colouring schemes and other information and content it contains (collectively, “Kanji Pathshala Material”) are owned by or licensed to Machave Technologies (OPC) Private Limited and Kanji Pathshala (Machave Technologies (OPC) Private Limited) and are protected under both India and other applicable state laws. You acknowledge and agree that you do not acquire any ownership interest in our services and the Kanji Pathshala Material or any other rights other than to use our services in accordance with all the terms, conditions and restrictions. Machave Technologies (OPC) Private Limited and/or Kanji Pathshala (Machave Technologies (OPC) Private Limited) and/or our licensors and service providers reserve and shall retain each of their entire right, title, and interest in and to our services and Kanji Pathshala Material. All rights not specifically granted are reserved by Machave Technologies (OPC) Private Limited and/or Kanji Pathshala and it shall own all rights in any functionality, features, modification or customization of our services and Kanji Pathshala Material.
Limited Rights to Kanji Pathshala Material -
1. It is hereby clarified that for the purpose of this Agreement, Intellectual Property/ies shall mean and include any or all of the following and all rights in, arising out of, or associated therewith:
  1. all trade secrets, technical and business know-how, confidential or proprietary information;
  2. all designs and any registrations and applications thereof, throughout the world;
  3. all rights in World Wide Web addresses and domain names and applications and registrations thereof, all trade names, logos, common law trademarks and service marks, trademark and service mark registrations and applications thereof and all goodwill associated to the business of the Kanji Pathshala therewith, throughout the world; and
  4. any similar, corresponding or equivalent rights to any of the foregoing anywhere in the world.
2. The “user” and/or “registered user” acknowledges the sole and exclusive right, title and interest of the Machave Technologies (OPC) Private Limited and/or Kanji Pathshala in the Trademarks and Confidential Information in connection with the services availed by the “user” and/or “registered user” pursuant to the provisions of this Agreement i.e. this Agreement shall not create on the “user” and/or “registered user”, any right, title or interest in or unto such Trademarks and Confidential Information.
3. The “user” and/or “registered user” agrees not to register or apply for registration of any Trademarks or any intellectual property rights of such Trademarks comprising 'Kanji Pathshala' and/or any other marks / names similar thereto and Confidential Information, which may be passed off as such. Furthermore, the “user” and/or “registered user” agrees not to use the design and graphical representation associated with the Trademarks comprising 'Kanji Pathshala' and/or any other marks/ names similar thereto and/or Confidential Information.
4. The “user” and/or “registered user” agrees and assures not to cause or permit anything that may damage the intellectual property rights in the Trademarks comprising 'Kanji Pathshala' and/or any other marks/ names similar thereto and/or Confidential Information thereof.
5. Infringement of Intellectual Property Rights also include the copying and/or use of Trademarks and/or any other marks/ names similar thereto and/or Confidential Information and/or Intellectual Property/ies of Machave Technologies (OPC) Private Limited and/or Kanji Pathshala by the “user” and/or “registered user”. If it is found that the “user” and/or “registered user” has committed such an act, this Agreement shall be terminated with immediate effect thereof, however, not waiving any legal rights and remedies available to the Kanji Pathshala for such infringement.
6. The user shall not copy, reproduce, modify, adapt, alter, replicate, imitate, or recreate the app or its functionalities or create derivative works based on the app or duplicate the app, in whole or in part, in any manner, by any means or in any form, with or without the intent to distribute, sell, or present it as their own.
7. The user shall not extract the source code of the Kanji Pathshala app in any manner.
8. The user shall not translate or localize the Kanji Pathshala app into any other language. The user shall not distribute or make available any unauthorized translations or localized versions of the Kanji Pathshala app to third parties.
Indemnities -
1. The “user” and/or “registered user” hereby indemnifies and forever holds harmless Machave Technologies (OPC) Private Limited and Kanji Pathshala from any and against all claims including all third party claims, liabilities, damages, costs, charges, losses of any kind whatsoever arising on account of any material breach by the “user” and/or “registered user” of its undertakings, warranties, covenants, commitments and representations set out in this Agreement as well as those with the third-parties connected through the services of Kanji Pathshala.
2. The obligations set forth in this clause and its sub clauses herein shall remain in full force and effect notwithstanding the termination of this Agreement whether by expiration of time, by voluntary deregistration by “user” and/or “registered user”, by de-registration by Kanji Pathshala, by operation of law or otherwise.
Electronic Communications -
1. By creating a Kanji Pathshala account, you consent to receive electronic communications from Kanji Pathshala via email, or other communication mode, for posting notices on our Services). These communications may include notices about your account (e.g., access to your account alert, sign-in, payment, password changes and other transactional information alerts) or legal notices and the communications which are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
Limited Warranty for Kanji Pathshala Services -
1. You are responsible for keeping Kanji Pathshala apprised promptly of any change in your email so that notices of such updates or corrections can be provided by Kanji Pathshala.
2. While we spend a lot of time, energy in making sure our software runs optimally and provide 100% accurate services, you are required to update the change in email for ensuring its correctness. We are not responsible for any issue that arises from incorrectness and any damages that are caused to you.
User responsibility, Content moderation, Disclaimer of Warranties -
1. Kanji Pathshala does not warrant that the services are accurate, complete or free of errors, interruptions, viruses or other harmful components.
2. Kanji Pathshala does not warrant that the services will be available 24 hours per day, seven days per week. Kanji Pathshala may undergo maintenance or experience temporary downtime and Kanji Pathshala will make reasonable efforts to minimize disruptions.
3. While efforts are made by Kanji Pathshala to provide accurate and up-to-date language learning materials, Kanji Pathshala shall not be held responsible for any inaccuracies or errors.
4. Kanji Pathshala does not guarantee specific language proficiency levels or learning outcomes for users. Kanji Pathshala does not assure that the Registered User will learn Japanese language in a certain period of time and with a certain level of proficiency.
5. Kanji Pathshala does not control, endorse or take responsibility for any third-party content or repositories available or made available on or linked to by our Services.
6. Users shall access and use third-party content at their own discretion and assume responsibility for any consequences or harm that may arise from their exposure to such content.
7. While Kanji Pathshala shall make reasonable efforts to review third-party content for appropriateness and adherence to community guidelines, but cannot guarantee that all content will be monitored or filtered.
8. Kanji Pathshala hereby explicitly disclaim any endorsement or responsibility for the accuracy, quality, or appropriateness of the third-party content, including any uncensored or derogatory material.
9. Users acknowledge that accessing third-party content involves certain risks, including exposure to uncensored or derogatory material.
10. You may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. By using Kanji Pathshala, you're accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you're using the Kanji Pathshala app, please be aware that we assume that you have received permission from the bill payer for using the Kanji Pathshala app.
11. Certain functions of the app will require Kanji Pathshala app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Machave Technologies (OPC) Private Limited shall not be responsible in any manner for the app not working at full functionality if you don't have access to Wi-Fi and you don't have any of your data allowance left.
12. It is solely the user's responsibility to keep the Kanji Pathshala app and data updated.
13. You need to make sure that your device stays sufficiently charged. If your device runs out of battery and you are not able to turn it on to avail the Services, Machave Technologies (OPC) Private Limited cannot be held responsible.
Termination -
1. The Kanji Pathshala shall have the right to immediately terminate your access to or use of the Services in the event of any activities which breach this agreement or conduct which, in Kanji Pathshala's judgment, interferes with the operation or use of the Services. Termination of this agreement automatically terminates your license and authorization to use the Services and any access to material or other material contained therein.
2. The Kanji Pathshala may terminate a user's account, without notice, at any time, if Kanji Pathshala determines, in its sole discretion, that the user has breached these terms of service.
3. The Kanji Pathshala reserves the right to terminate a user's account for any reason, including, but not limited to, non-payment of subscription fees, violation of applicable laws, or other conduct that Kanji Pathshala deem inappropriate or harmful.
4. In the event that a user's account is terminated, the user will immediately lose access to all features and services provided by Kanji Pathshala.
5. The users agree that Kanji Pathshala is not liable for any damages or losses that may result from the termination of their account, including, but not limited to, loss of data, loss of access to information, or loss of business or revenue.
6. The users may terminate their account at any time however, users will not be entitled to a refund of any subscription fees paid.
7. Upon termination of a user's account, Kanji Pathshala reserves the right to delete all data associated with the account, including, but not limited to, user profiles and other user-generated content.
8. The Kanji Pathshala may modify or update these termination policies from time to time in its sole discretion, and users agree to be bound by any such modifications or updates.
9. These termination policies are in addition to any other rights or remedies available to Kanji Pathshala under applicable law or these terms of service.

Miscellaneous -
1. This agreement (including any related material on the Services, such as the introductory and welcome pages, and the Legal Notices, which by this reference are incorporated herein) sets forth Kanji Pathshala's (Machave Technologies (OPC) Private Limited's)entire liability and your exclusive remedy with respect to the Services and is a complete statement of the agreement between you and Kanji Pathshala (Machave Technologies (OPC) Private Limited). This agreement does not limit any rights that Kanji Pathshala may have under trade secret, trademark, copyright, patent or other laws.
2. The employees of Machave Technologies (OPC) Private Limited and Kanji Pathshala are not authorized to make modifications to this agreement, or to make any additional representations, commitments, or warranties binding on Kanji Pathshala, except in a writing signed by an authorized person/officer of Machave Technologies (OPC) Private Limited.
3. If any provision of this agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect.
Jurisdiction -
1. This Agreement shall be governed by laws of India. Any disputes or differences arising out of or in relation to this Agreement shall be submitted to exclusive jurisdiction of courts at Bengaluru, India.
Force Majeure -
1. Kanji Pathshala shall be excused from any delay or failure in performance required hereunder if caused by reason of any occurrence or contingency beyond its reasonable control, including, but not limited to, acts of God, acts of pandemic, epidemic, war, fire, insurrection, strikes, lock-outs or other serious labour disputes, riots, earthquakes, floods, explosions or other acts of nature.
Refund and Cancellation Policy -
1. We believe in customer satisfaction as our utmost priority and hence the products and services which we offer, we believe that is the best customer can get at the price. Our return policy is aligned keeping our valuable customers in mind and hence we have an easy transparent procedure to take care of the same.
2. At an outset, Kanji Pathshala shall not be liable to refund fees paid by you in the general scenario. Kanji Pathshala reserves its right to approve the refund of any payments to its users. The refund shall be made only on a case-to-case basis, in view of promoting and maintaining a healthy business relationship with the users.
3. All fees paid for using Kanji Pathshala are non-refundable, unless Kanji Pathshala determines, in its sole discretion, that a refund is appropriate in a particular exceptional case.
4. In such rare cases where a refund is deemed appropriate by Kanji Pathshala, the decision to issue a refund will be made on a case-by-case basis and shall be at Kanji Pathshala's sole discretion.
5. To request a refund, registered users must provide detailed information about the reason for their request, including the date of the transaction, the amount charged, and any other relevant details.
6. The Kanji Pathshala reserves the right to deny any refund request if Kanji Pathshala determines, in Kanji Pathshala's sole discretion, that the request does not meet refund criteria of Kanji Pathshala.
7. In the event that a refund is approved by Kanji Pathshala, the refund amount will be calculated based on the amount paid by the user for the service, less any applicable fees or charges.
8. The Refunds, if any, will only be processed through refund mechanisms provided by Play Store, if feasible, and may take up to 30 business days to process.
9. The Registered users agree that the decision to issue a refund, if any, is final and binding and that they have no right to dispute or appeal such decision of Kanji Pathshala.
10. Notwithstanding the requisites stated above, the refund provided by us shall not imply our acknowledgment of any error on our part nor make us liable for any claims from the user or any third party, based on such refund.
11. This Refund Policy applies to all users of Kanji Pathshala and may be modified or updated from time to time in the Kanji Pathshala's sole discretion.
Contact Information -
1. You can contact us at: contact@machave.in for the following:
  1. Inquiries;
  2. User Support;
  3. Reporting any offensive or inappropriate content encountered within the app; and
  4. Review and potential action with respect to any inappropriate or offensive content encountered within the app.
Privacy Policy -
1. Please refer toPrivacy Policy at this link. _______________________