Terms and Conditions

SkillUp Enterprise Private Limited, a company incorporated under the provisions of the Companies Act, 2013, having its registered office at Plot no. 164B, Indra Puri, Raisen Road, Bhopal, Madhya Pradesh 462021, is the operator of the website https://kapable.club/ and is the proprietor of the brand Kapable. SkillUp Enterprise Private Limited, on behalf of itself and its affiliates/group companies under the brand Kapable, is the owner, proprietor, operator, author, and publisher of the Application (App) / Website, https://kapable.club/.

This document is a legally binding browse-wrap agreement between you (hereinafter referred to as ‘user’, ‘you’, or ‘your’) and SkillUp Enterprise Private Limited (hereinafter referred to as ‘the company’, ‘Kapable’, ‘us’, ‘our’, or ‘we’).

These terms and conditions (hereinafter referred as T&S) shall apply to your use of our Website (www.kapable.club) or any derivative webpages thereof (hereinafter referred to as ‘site’ or ‘website’), availing of our Programs and Services, Online Communities, Open or Closed Groups or Social Platforms including but not limited to LinkedIn, Meta, Instagram, Twitter etc. and any other platforms that may be made available to you in the future including, but not limited to, Mobile Applications and Electronic Devices in connection with our Services.

These Application’s terms and conditions (the “Terms”) bring together all the Website/Application (App) policies, terms and conditions of use, and other information about using the Website/Application. The Terms also govern users’ use of the Website, Mobile Application, Privacy Policy, and anywhere that these Terms are posted. Please read the Terms of Use and Privacy Policy carefully. If you do not agree with the Terms mentioned on this page and the Privacy Policy, then please do not use the Website/Application. If you use the Website/Application, then your conduct confirms that you agree to be bound by these Terms. We may change these Terms from time to time without notice to you in our sole discretion. If you use the Website/Application after any such revisions take effect, then you will be taken to have agreed to the revised Terms.

The Website/Application herein shall mean a computer program or software application designed to run on a computer, laptop, mobile device, such as a phone, tablet, and/or watch, or any other medium through which our website or application can be accessed. Website shall include the Application under these Terms of Use. The term ‘services’ in these Terms also includes “products” / “goods”, wherever applicable.

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Definitions

Term	Definition
Learner	Any person who has enrolled in any of our program(s) or availed of any of our service(s) after paying the program fee. It includes anyone who shows willingness to enroll in any of our program(s) or other service(s) by paying the necessary token amount.
Platform	Means and includes our website or any derivative webpages, applications, online communities, open and closed social groups, social platforms such as LinkedIn, Meta, Instagram, Twitter, etc. and any other mode of communication that may be made available to you in the future in connection with our services.
Program Fee	The total amount to be paid in advance for enrolling in any of our program(s) or availing of any other service(s).
Service	Service(s) of any description that is made available on our platform to potential users, including but not limited to, our certification programs, demo sessions, consultation sessions, workshops, webinars, in-person sessions or any similar service(s) but does not include the rendering of any service(s) free of charge.
Token Amount	A part of the program fee that is paid in advance to complete a booking and reserve a slot in any of our programs or other services for a limited period of time.
User	Any person who accesses, views, or uses our platform to obtain information about our service(s) or for any other reason whatsoever.

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Nature of Terms

The Terms and Conditions/Terms of Service should be read carefully along with the Privacy Policy available on our website. This Agreement forms a legally binding contract between Kapable and the user in relation to the user’s access to and use of the Products and/ or Services. For the avoidance of doubt, the terms “you” or “your” shall refer to the “user” that is accessing and using the Products/ Services, Application, Website and/or Social Media Handle(s) (SMH) and “we”, “us” and “our” shall refer to Kapable. SMH shall include all platforms such as Facebook, Instagram, YouTube, Twitter, and other such Social Media Handles, including websites and mobile applications, which can be used by us for our promotional activities.

If you do not agree to the terms of the Agreement, you should not use the Products/ Services of this Website/Application/SMH. At any point while using the Website/Application/SMH, if you feel that you do not wish to follow T&S or do not agree with Privacy Policy, you must close the Website/Application, remove/uninstall/unfriend/unfollow it from your computer /laptop/ mobile or any device on which you are using the Website/Application/SMH and stop using the same for future reference.

By accessing or downloading the content of the Website/Application/SMH to use the Products/ Services, you irrevocably accept all the conditions stipulated in this Agreement, Terms of Service, and Privacy Policy, as available on the Website/Application, and agree to abide by them. This Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you relating to your use of the Website/Application to avail the Products/ Services. By availing any Product/ Service, you signify your acceptance of the terms of this Agreement.

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Legal Compliance

The Agreement is published in compliance with, and is governed by the provisions of the following laws, including but not limited to:

• The Indian Contract Act, 1872
• Digital Personal Data Protection Act, 2023
• The (Indian) Information Technology Act, 2000
• The Information Technology (IT) Rules 2021 of India, other Data Protection laws of India, and other prevalent acts or laws, including the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 (the “SPDI”) Rules, as amended from time to time.
• General Data Protection Regulation (EU GDPR), the rules, regulations, guidelines, and clarifications framed thereunder.
• Data Protection Act, 2018 of the U.K. / U.K. General Data Protection Regulation (U.K. GDPR)
• The data protection laws of the USA.

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Access to the Services

Kapable enables the dissemination of educational content related to soft skills and power skills development through its various leadership programs, which are available on our website, https://kapable.club/, and other platforms. Enrolment and access to these services are subject to the following conditions:

• Learners must meet the necessary eligibility criteria as specified by our Program Advisors to be qualified for our services.
• Subscription to any service will allow your access only to the content and sessions available under such service. We may, in our sole discretion, decide to add on certain additional and optional content or sessions, free of charge or for a fee, from time to time, but this cannot be claimed as a right by the Learner.
• Unless specifically allowed, the online content may not be available for download or in hard-printed copy.
• The content of any program or other services is licensed only to the learner who has paid the program fee and enrolled for the program. Such content shall be for personal use only. Any public dissemination or commercial use of program resources will be a violation of our copyright and may lead to immediate termination of your access to our services.
• A learner shall be awarded the Certificate of Completion after she/he has enrolled herself/himself in any of our programs, has undergone the entire curriculum and sessions within the stipulated time, and if there are no dues outstanding in her/his name.

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Payment and Refund Policy

• Unless otherwise expressly agreed by Kapable or any agent on behalf of Kapable, the Program Fee shall be paid in advance at once, at the time of enrolment or availing of our services.
• However, in exceptional circumstances and at our sole discretion, Kapable may allow a learner to pay a Token Amount in advance to reserve her/his slot for such program or other services, subject to the availability of such slots. In such circumstances, access to our services shall be contingent upon the final payment of the outstanding Program Fee within the stipulated time period as specified by our Program Advisors.
• The Token Amount paid to reserve a slot for any program or service is strictly non-refundable under all circumstances, including but not limited to a change of mind, inability or failure to pay the outstanding Program Fee, or for any other reason whatsoever.
• We reserve the right to demand payment of the remaining Program Fee in accordance with the agreed payment schedule. In the event of non-payment or default, we shall be entitled to initiate appropriate legal proceedings for recovery of dues. Moreover, we do not provide refunds of the Program Fee paid for enrolment/purchase of a program or service for the lack of usage, dissatisfaction with the program, or for any reason whatsoever.
• In exceptional circumstances and at the sole discretion of Kapable, a learner may be permitted to pay the Program Fee in installments. Where such permission is granted, the learner shall pay the entire Program Fee within the stipulated timeline.
• For the purpose of facilitating seamless payment processing, Kapable may set up an auto-debit mandate (including NACH). In the event that any automated debit transaction fails for any reason whatsoever, Kapable shall be entitled to suspend or revoke access to the program and all related services with immediate effect.
• We reserve the right to change, update, or modify this Refund Policy at any time at our sole discretion.

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No Guarantee of Results

You understand and agree that Kapable does not guarantee any specific outcomes or results from participation in its programs, sessions, or services. Your progress and achievements depend on multiple factors, including your personal effort, commitment, background, aptitude, participation, and circumstances beyond Kapable’s control. Kapable does not guarantee:

• Job placement, promotions, salary increases or career advancement;
• Personal transformation, behavioral changes, or skill improvements within a specific time frame;
• Admission to any institution, acceptance into any opportunity, or achievement of any professional milestone;
• Any particular performance, success, or measurable result.

Any examples, testimonials, case studies, or success stories shared by Kapable or its learners are illustrative only and do not represent typical or expected results.

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User Conduct in Community Groups

Users must conduct themselves respectfully in all Kapable community groups, cohorts, chats, forums, and communication channels. Any form of harassment, bullying, hate speech, abusive language, spamming, solicitation, unsolicited promotions, or sharing of inappropriate or disruptive material is strictly prohibited. Kapable reserves the right to remove, restrict, or terminate any user engaging in such behaviour, without refund, and may take additional action where necessary.

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Course Access Duration & Suspension

Access Duration: Access to program materials, recordings, sessions, and resources is provided only for the duration specified at the time of enrollment. Access automatically expires at the end of the communicated duration unless explicitly extended by Kapable in writing.

Suspension for Misconduct: Kapable may suspend or terminate your access to the program, community spaces, or platform without refund if you engage in misconduct, violate these Terms, disrupt sessions, misuse content, harass staff or learners, breach confidentiality, or otherwise act in a manner that creates an unsafe or unproductive environment.

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Force Majeure & Electronic Communications

Force Majeure: Kapable shall not be held liable for delays, interruptions, or failure to provide services due to circumstances beyond its reasonable control, including but not limited to natural disasters, pandemics, government restrictions, strikes, war, internet or power outages, system failures, or any other unforeseen events.

Electronic Communications: By using the Platform, you consent to receive communications from Kapable through email, SMS, WhatsApp, phone calls, or any other electronic means. All notices, agreements, updates, and communications provided electronically shall be deemed legally valid and equivalent to written communication.

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Applicable Age

In order to use this Website/Application/SMH, the required applicable age is Eighteen or Eighteen Plus years (18 or 18+ years).

By visiting and using the Website/Application/SMH, you represent and warrant that you are 18 years of age or older. If the person is below eighteen (18) years, the Products/ services should be used under parental and/or guardian’s guidance. In case the child has not attained the specific age and still wishes to use the Website/Application/SMH, parents and guardians shall be responsible for their child’s acts.

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Account Management

Registering an Account: When registering for an account on the Website/Application or following or using SMH, you warrant that all information you provide is true and accurate to the best of your knowledge and belief. We reserve the right to refuse to register any user without having to give reasons. You are solely responsible for protecting your login details and password.

Closing an Account: If you wish to close an account you have registered with us, kindly email us at info@kapable.club. We may close your account at any time if we believe you are in breach of these Terms or if, acting reasonably, we believe it appropriate to do so.

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Information Collection & Promotional Material

Information Collection: Kapable reserves the right to collect your personal information as defined in the Privacy Policy. We shall not be responsible in any manner under any circumstance for the authenticity of the personal information or sensitive personal data or information supplied by the user. If any user provides any information that is untrue, inaccurate, or incomplete, Kapable has the right to discontinue the Services.

Promotional / Advertisement Material: Kapable reserves our rights to send the user promotional material/advertisement through WhatsApp / emails / phone calls / any other electronic or non-electronic medium. If the user does not want to receive such material, kindly write to us at info@kapable.club.

Reviews: Kapable reserves our rights to display / put out user’s reviews in favour of Kapable on its Website/Application/SMH and promotional material. If the user does not want Kapable to display / use the reviews for its promotion, kindly write to us at info@kapable.club.

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Prohibited Activities

User must not upload, post, email, transmit, or otherwise make available any Content that:

• Is harassing, threatening, indecent, obscene, pornographic, libelous, defamatory, or otherwise objectionable, unlawful, harmful to children, or violates third-party privacy rights [Aadhaar Redacted];
• Is fraudulent, false, misleading, or deceptive;
• Infringes or may infringe the intellectual property rights of Kapable and/or others;
• Contains spam, software viruses, worms, time bombs, trojan horses, or other harmful code;
• Uses any deep-link, robot, spider, or other automated process to access, copy, or monitor any portion of the Platform;
• Attempts to decompiling, disassembling, reverse engineering, or tracing source code belonging to Kapable.

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Intellectual Property Rights & Non-Disparagement

Intellectual Property: Intellectual property rights in or related to the Website/Application remain the sole and exclusive property of Kapable and its licensors. All right, title and interest associated with the Website/Application not expressly granted by Kapable under this agreement are withheld. You are not granted any rights or sub-license in or to the Website/Application, trademarks, service marks, graphics or logos.

Non-Disparagement: User agrees not to make, publish, or circulate any false, misleading, harmful, or disparaging statements about Kapable, its programs, employees, coaches, representatives, or other learners, whether online or offline. This includes social media posts, reviews, comments, and private or public communications.

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Limitation of Liability & Disclaimers

The Website/Application is provided "as is" and "as available". Kapable expressly disclaims all warranties and conditions of any kind, whether express or implied. Kapable does not accept responsibility for any technical failure of the Website/Application and / or internet or any damage or injury to the users or mobile, computer, computer network or any other equipment.

You will have no claims against Kapable and in no event will Kapable, its affiliates or its licensors be liable for any damage, claim or loss incurred by you, including, but not limited to, direct, indirect, compensatory, incidental, special, consequential or exemplary damages arising out of your use or inability to use the platform.

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Third Party Links & Payments

Third Party Links: This Website/Application may be linked to other Applications and / or websites (such as social media websites, zoom, google workspace, WhatsApp, learning platforms, payment gateways) that may have different terms of use or privacy policies. Kapable has no control over the content of these third-party environments and access to them is entirely at your own risk.

Services and Payments: To make payment for any Program, you must use a valid accepted payment method. We do not store any of your credit card/debit card/UPI/net banking details, as restricted by the Reserve Bank of India (RBI), and have partnered with secure payment gateways. Kapable shall in no way be liable for the loss or misuse of data on third-party payment platforms.

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Confidentiality

You agree that all information shared within Kapable’s programs—including session content, learning materials, assignments, discussions, cohort interactions, chat messages, and personal information shared by other learners or coaches—is strictly confidential and for your personal use only. You shall not record, screenshot, copy, share, publish, or distribute any program content or learner information in any form without prior written permission from Kapable.

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Dispute Resolution & Governing Law

Dispute Resolution: All questions, disputes and differences arising under or in relation to the Agreement shall be amicably settled through good faith negotiations for a minimum period of seven (7) days. In the event of failure of negotiation, the parties may seek remedy in a court of law.

Governing Law and Jurisdiction: This agreement shall be governed by and constructed according to the laws in force in Delhi, India. The Parties shall hereby submit to the exclusive jurisdiction of the courts situated at Delhi for the purpose of all actions and proceedings.

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Grievance Redressal Mechanism