TERMS AND CONDITIONS

These Terms and Conditions (“Terms”) govern the access and use of the website, applications, digital platforms, learning portals, and services offered by WITHEMA FUTURETECH PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 with CIN U85212KA2025PTC210420, PAN AAECW2811N, having its registered office at:

No 46/2 Old No.100, 4th Cross 2nd Main, Gaviopuram Extension,
Bangalore South, Bangalore – 560019, Karnataka
Certificate of Incorporation (1)

(“Company”, “With-EMA”, “We”, “Us”, “Our”).

By accessing or using any With-EMA platform or service, you (“User”, “You”, “Your”) agree to be legally bound by these Terms and our Privacy Policy.

If you do not agree to any part of these Terms, please do not use our website or services.

1. Acceptance of Terms

By using our website, enrolling in any course, accessing any content, or creating an account, you acknowledge that:

• You are at least 18 years of age, and legally competent to enter into a binding agreement.
• If You represent an organization or institution, You confirm that you are authorized to bind such entity.
• Your continued use of the platform signifies acceptance of these Terms, including any revisions made in the future.
• We reserve the right to update or revise these Terms at any time. Continued use after changes indicates acceptance of updated Terms.

2. Access to the Website & Services

We grant you a limited, non-transferable, revocable, non-exclusive license to access and use our platform for personal, non-commercial purposes.

You agree NOT to:

• Sell, sub-license, resell, distribute, rent or exploit any part of the Site or Services.
• Reverse engineer, modify, or create derivative works of the platform.
• Copy, scrape, mine, or download any content without permission.
• Use bots, crawlers, or automated tools without written approval.
• Attempt unauthorized access to servers, accounts, or systems.
• Use the platform to build a competing service.

We may modify, suspend, or discontinue any aspect of the Service at our sole discretion.

3. User Registration

To access certain Services, you may be required to create an account.

You agree that:

• All information you provide is accurate, complete, and current.
• You will not impersonate any person or entity.
• You will maintain confidentiality of your login credentials.
• You are responsible for all activities occurring under your account.
• We may suspend or terminate your account in case of breach of Terms.

4. Intellectual Property

Unless otherwise stated:

• All website content, course materials, videos, images, text, graphics, design, and assets are the property of With-EMA (Withema Futuretech Private Limited).
• Copyright and trademarks are fully reserved.
• You may use our content only for personal, non-commercial learning.
• You must not copy, modify, distribute, reproduce, publish, or commercialize our content.
• Any unauthorized use may result in legal action.

5. Instructor & Third-Party Content

Certain course content may be created by independent instructors or third-party contributors.

With-EMA:

• Does not guarantee accuracy, completeness, or legality of instructor content.
• Is not liable for any deficiency, error, or claim arising from instructor material.
• Acts only as an intermediary between instructors and learners.

6. User Content

Users may submit feedback, comments, assignments, messages, or other content (“User Content”).

By submitting User Content:

• You grant us a royalty-free, worldwide, irrevocable license to use, display, reproduce, and modify the content for platform-related purposes.
• You certify the content does not violate any law or third-party rights.
• You accept full responsibility for the content you upload.
• We reserve the right to remove any content that violates these Terms.

7. Payments, Fees & Refunds

7.1 Payments

All payments must be made through authorized payment gateways. You are responsible for applicable taxes and charges.

We will not be liable for:

• Payment failures
• Gateway errors
• Bank issues
• Unauthorized transactions outside our official payment channels

7.2 Subscription & Access

Course access is time-limited as specified at purchase.

7.3 Refunds

Refunds, if applicable, will strictly follow our Refund Policy published on the website.

7.4 EMI Default & Access Termination

If a participant has opted for an EMI (Equated Monthly Installment) payment plan and fails to pay any EMI on or before its due date, resulting in the installment remaining unpaid for a continuous period of 30 days or more, the Company reserves the right to suspend or permanently revoke the participant's access to the course, platform, live sessions, community, and all associated resources.

Such removal may be carried out without any prior notice or further communication, at the sole discretion of the Company.

In the event of removal due to EMI default:

• The participant shall not be entitled to any refund, whether partial or full.
• Any previously paid amounts shall be forfeited.
• Reinstatement, if permitted, shall be subject to full clearance of outstanding dues and may include additional administrative or reactivation fees, as determined by the Company.

The Company's decision in matters relating to EMI defaults and access termination shall be final and binding.

8. User Conduct

You agree NOT to use the platform for:

• Uploading viruses, malware, harmful code
• Illegal, abusive, defamatory, obscene, hateful, or harmful content
• Harassment, impersonation, fraud
• Data scraping, harvesting, or unauthorized monitoring
• Disrupting or attacking website infrastructure
• Violating any Indian laws applicable to digital platforms

9. Third-Party Links & Tools

Our platform may include:

• External links
• Third-party tools
• Partner content

We do not endorse or assume responsibility for any third-party websites, actions, or policies. Your use of such third-party services is entirely at your own risk.

10. Cookies and Tracking

Our platform uses cookies to improve user experience and personalize content. Continued usage implies consent to our cookie practices as described in our Privacy Policy.

11. Disclaimer of Warranties

All services and content are provided “as-is” and “as available” without warranties of any kind.

We do NOT guarantee:

• Error-free, uninterrupted service
• 100% accuracy of content
• Any specific career, academic, or financial outcomes
• That the platform will be virus-free or secure

Some jurisdictions do not allow exclusion of certain warranties; in such cases, exclusions apply to the fullest permissible extent.

12. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for any indirect, incidental, consequential, punitive, or special damages.
• Our total liability for any claim shall not exceed INR 500, regardless of circumstances.
• You agree that With-EMA, its directors, employees, partners, or affiliates are not responsible for losses resulting from your use or inability to use the platform.

13. Indemnification

You agree to indemnify and hold harmless With-EMA and its affiliates from any claims, damages, losses, liabilities, or expenses arising from:

• Your use of the platform
• Your violation of these Terms
• Your User Content
• Your violation of laws or third-party rights

14. Termination

We may suspend, restrict, or terminate your account if:

• You violate these Terms
• You misuse content or platform access
• Required by law or internal policy

Termination may include deletion of your User Content. No refunds will be issued for accounts terminated for violation of Terms.

15. Dispute Resolution, Governing Law & Arbitration

15.1 Governing Law

These Terms shall be governed by Indian Laws.

15.2 Jurisdiction

Exclusive jurisdiction lies with the courts of Bengaluru, Karnataka.

15.3 Arbitration (Binding)

Any dispute must be resolved through binding arbitration, conducted in English, in Bengaluru, under the Arbitration and Conciliation Act, 1996.

• Claims must be brought individually, not as class actions.
• Arbitration decisions are final and binding.
• Parties agree to maintain confidentiality.

16. Severability

If any provision is found invalid, remaining provisions will continue in full force.

17. Electronic Communications

By using the platform, you consent to receive digital communications, notices, and agreements electronically.

18. Entire Agreement

These Terms constitute the complete agreement between you and With-EMA regarding the website and services.

19. Contact Information

For any questions, grievances, or legal notices, contact: