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Terms and Condition

Terms Of Use :

PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISCLAIMER OF WARRANTY AND A LIMITATION OF LIABILITY CLAUSE.

1. INTRODUCTION

 In these Terms of Service: “Application” means any website, mobile applications, tablet applications maintained by Fun Kids India without limiting the website at https://www.funkids.in and its subdomains, and the application for tablet devices that Fun Kids India publishes; and “Services” means all those services provided through the Application and (where we provide one or more tablets to you on which you access the Application), the provision of any tablet.

These Terms of Service set out the terms on which we offer the Services and provide the Application and on which you agree to use the Services provided by Fun Kids India and the Application maintained by Fun Kids India.

Please review these Terms of Service carefully and make sure that you understand them before using the Services or the Application. If you do not agree to these Terms of Service, you must cease use of the Services and Application immediately.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR CHILD’S REGISTRATION WITH OUR SITES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE OF THE SITES.

2. WHO WE ARE

We provide the Services and operate the Application. We are Fun Kids India, a limited company registered in Delhi NCR – CIN: U74999DL2015PTC287237

You can only access, download or use the Services and/or the Application either if you are Education Provider (such as daycare, crèche, nursery, school, etc) or if you have been authorized to use the Application as a user. References to “you” are to the Education Provider accessing, downloading or using the Services or Application, or (where applicable) any person accessing, downloading or using the Services or Application having been authorized to do so by the Education Provider.

3. ABOUT FUN KIDS INDIA APPLICATION

Fun Kids India is a portal, tablet, and mobile-based application. The Fun Kids India application allows registered Education Providers, Parents, and Users to promote fun activities among the kids.

4. CONVERSION TO THIS TERMS

Fun Kids India may at any time modify these Terms of Service. Time to time, Fun Kids India will keep on changing the Terms of Services and will try to notify you of any changes to these Terms of Service either by emailing you (at the email address entered by you into any form on the Application) or by posting a notice on the Application. However, we can’t guarantee that we are able to do this every time.

By continuing to use the Services and/or the Application after changes to these Terms of Service are made and notified to you, you agree to be bound by such changes.

5. USING THE SITES AND CONTENT

Only a registered Education Provider may authorize individual users to access the Application and the Services. It is the user’s responsibility (and that of any individual authorized by an Education Provider) to ensure that the requirements in this terms are met.

No individual may be given access to the Application or use the Services if he/she has been convicted of or is pending trial for any criminal offense (other than an offense under the road traffic legislation) or if he/she has ever been the subject of a restraining order, in each case whether in India or abroad.

By using the Services or the Application (or authorizing an individual to use the Services or the Application), the Education Provider warrants and undertakes that it has the right, authority and capacity to enter into and be bound by these Terms of Service. 


6. SUBMISSIONS

In these terms of use, we use the word “Submissions” to mean text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works,  your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute (collectively “Distribute”) on or through any of the Sites.

There are two types of Submissions: Solicited Submissions and Unsolicited Submissions. “Solicited Submissions” means those Submissions (a) that we expressly request or enable you to provide to us via any feature or activity on a Site for our review or display and possible specifically-defined consideration or compensation (collectively, “Consideration”) (such as prizes or other value in contests and promotions); and (b) that you distribute on or through any of the Sites for which you do not seek Consideration (such as in our Guest Services and in Public Forums). “Unsolicited Submissions” are any and all Submissions that do not fall within subparagraphs (a) or (b) of this paragraph.

By communicating a Submission, you represent and warrant that the Submission and your communication of that Submission conform to the Rules of Conduct and other requirements of these terms of use and that you own or have the necessary rights, licences, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorise us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions Licence). These terms of use (including the Submissions Licence) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

You hereby appoint us as your agent with full power to enter into and execute any document and/or do any act we may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

Without limiting the scope of the Submissions Licence or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

7.  ACCOUNTS

A Site may require you to create an account to participate in certain activities or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the “Registration Data”). You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph, or providing false details for a parent or guardian, where our registration process requires such information. You acknowledge and agree that we may take steps to verify the accuracy of information you provide, including making spot checks of any mobile number you may provide for a parent or guardian.

We may suspend or terminate your account and your ability to use the Sites or portion thereof for impersonating any person or entity of otherwise misrepresenting your identity, for otherwise failing to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

8. RULES OF CONDUCT

The following Rules of Conduct apply to the Sites. By using the Sites, you agree that you will not Distribute any Submission that:

  • (a) is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; or (d) otherwise harms any person or entity;
  • is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug abuse, harassment, theft, or conspiracy to commit any criminal activity;
  • infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
  • is commercial, business-related or advertises or offers to sell any products, services or otherwise (whether or not for profit), or solicits others (including solicitations for contributions or donations);
  • contains a virus or other harmful component, or otherwise tampers with, impairs or damages any of the Sites or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Sites;
  • is antisocial, disruptive, or destructive, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet; or
  • does not generally pertain to the designated topic or theme of the relevant Public Forum.

You acknowledge and agree that when using the Sites, you may be exposed to Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions.

We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of these terms of use, and you may be exposed to Submissions that are inaccurate, offensive, indecent or otherwise objectionable. As between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

9. AFFILIATION, REMOVAL OF SUBMISSIONS

Without prejudice to any of our other rights under these terms of use or at law, we reserve the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from any of the Sites that violates these terms of use (including the Rules of Conduct) and (b) to the extent we are able to do so under applicable law, identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use (including the Rules of Conduct) and/or our contestand/or protect the safety or security of any person or property, including the Sites. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.

If you consider that a Submission does not conform to these terms of use (including the Rules of Conduct), you may report the Submission to us, following the process set out on the Sites. Following such a report, we may (but shall not be obliged to) take such action as we consider appropriate in our absolute discretion.

10. DISCLAIMER

THE INFORMATION, CONTENT AND MATERIALS ON THE SITES ARE PROVIDED “AS IS” AND WE GIVE NO REPRESENTATION AND WARRANTY IN RESPECT OF SUCH INFORMATION, CONTENT AND MATERIALS. IN PARTICULAR, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON THE SITES (INCLUDING, WITHOUT LIMITATION, SUBMISSIONS) ARE ACCURATE, COMPLETE OR CURRENT OR WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES OR THE SERVERS OR ANY SOFTWARE OR OTHER DEVICE THAT MAKES SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO THE SITES, INCLUDING, WITHOUT LIMITATION, SUBMISSIONS, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY OF THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. PLEASE NOTE, HOWEVER, THAT THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.

The Sites may contain (or you may be sent through a Site) links to other sites (“Third Party Sites”) as well as articles, advertisements, photographs, text, graphics, pictures, designs, music, sound, information applications software and other content or items originating from third parties (“Third Party Content”). We explicitly disclaim any responsibility for the accuracy, completeness, appropriateness or availability of information, content and materials found on Third Party Sites or in Third Party Content. We cannot ensure that you will be satisfied with any products or services that you purchase from a Third Party Site that links to or from a Site or third-party information, content or materials contained on our Sites (including, without limitation, Submissions contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any Third-Party Site or any Third Party Content. CONSEQUENTLY, WE MAKE NO REPRESENTATIONS OR WARRANTIES CONCERNING THE THIRD PARTY SITES OR ANY OTHER SITES LISTED IN ANY OF OUR DIRECTORIES OR ANY THIRD PARTY CONTENT AND CANNOT BE HELD RESPONSIBLE FOR THE CONTENT, AVAILABILITY, ACCURACY, RELEVANCE, COPYRIGHT COMPLIANCE, LEGALITY OR DECENCY OF MATERIAL CONTAINED IN ANY THIRD PARTY SITE OR THIRD PARTY CONTENT AND WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our Sites (including, without limitation, Submissions), on Third Party Sites or in any Third Party Content, and any information, content and materials you provide to any Third Party Sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

As we are going to conduct many Events and Awards programme for the kids, any final announcement to any of the Events or Award show is fully ACCREDITED BY OUR PANELISTS ACCORDING TO THE TALENT level EXPOSED BY the kids.

11. RESPONSIBILITY FOR YOUR ACCOUNT(S)

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our group undertakings, and our and our group undertakings’ licensors, licensees, distributors, agents, representatives and other authorised users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the “Indemnified Parties”) harmless from and against any and all losses, damages, liabilities, claims, penalties, fines, expenses and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by any Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your use of the Sites and/or your account(s). You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.

12. DATA SECURITY

Whilst we have implemented commercially reasonable technical and organizational measures to secure content uploaded by the Education Provider from unauthorized use, we cannot guarantee that unauthorized third parties will never be able to defeat those measures. You acknowledge that you (Education Provider) provide content at your own risk.

13. OUR OBLIGATIONS

Fun Kids India provides the Services and Application “as is” and without any warranty or condition, whether express, implied or statutory. Fun Kids India specifically disclaims any implied warranties of title, merchantability, fitness for a particular purpose and non- infringement. Fun Kids India assumes no liability or responsibility for any errors or omissions in the Application or provision of the Services; any failures, delays or interruptions in the Application; any losses or damages arising from the use of the Services or Application; or any conduct by users of the Services or Application. We reserve the right to deliver the Services and Application in our sole and absolute discretion.

In no event shall Fun Kids India, its shareholders, directors, officers, employees or agents be liable (jointly or severally) to you for loss of use or any special, incidental, indirect or consequential damages arising out of or in connection with the Services and/or Application or these Terms of Service, on any theory of liability, and whether or not advised of the possibility of damage. Fun Kids India does not seek to exclude liability for death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation on the part of Fun Kids India. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Occasionally you may use or access services, promotions, and websites of third parties. In using or accessing third-party services, promotions, and websites, you agree to be bound by the terms of service of such third parties governing their services, promotions, and websites and hereby acknowledge that we shall not be responsible for the provision of services, accuracy of promotions or content of websites belonging or operated by third parties.

You acknowledge and agree that Fun Kids India is not responsible for the accuracy of any information published on the Application by users and does not warrant that any information appearing on the Application is accurate, true or complete. Fun Kids India specifically excludes liability for any loss, harm, distress or damage suffered by you or any third party as a result of inaccurate information appearing on the Application.

The Application and any content displayed thereon may contain facts, views, opinions, recommendations, and advice. These views, opinions, recommendations, and advice are not those of Fun Kids India and are not endorsed by Fun Kids India. We are not liable in the event that any content is defamatory, misleading, incomplete or incorrect. Similarly, Fun Kids India shall not be liable in the event that any fact is incorrect or misleading.

14. CESSATION

These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of the Sites and destroying all materials obtained from the Sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise.

We may immediately terminate these terms of use with respect to you (including your access to the FUNKIDS INDIA Site) in our absolute discretion including, without limitation, if you breach or fail to comply with any material term or provision of these terms of use. Upon termination, you must cease use of the Sites and destroy all materials obtained from the Sites and all copies thereof, whether made under these terms of use or otherwise.

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. Any fraudulent, abusive or otherwise illegal activity may also be grounds for termination of your account, at our sole discretion, and you may be reported to appropriate law-enforcement agencies.

The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination.

15. PRIVACY

You provide us with information when you register on the Application. We also collect information both relating to you (for example on your usage history and your preferences for certain kinds of an offer) and to users of the Application and the Services in general. Any information that you submit or that we collect when you are using the Application or Services is subject to the Fun Kids India Privacy Policy, the terms of which are hereby incorporated into these Terms of Service.

16. GENERAL AMENITIES

If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. If you breach these terms of use and we take no action against you, we will not be considered to have given up our rights in respect of your breach and we will also still be entitled to use our rights and remedies in any other situation where you breach these terms of use.

Except where expressly provided to the contrary, these terms of use are not intended to be for the benefit of, and shall not be enforceable by, any person who is not a party to it, under any applicable laws or otherwise, except that any of our group undertakings may enforce any provision of these terms of use as if it were a party to them.

These terms of use can be accessed by you at any time at(this page url).

If you have any queries you can write to us at:

FUNKIDS INDIA

G – 22, Lower Ground Floor, G Block,Sector-3 Noida,Uttar Pradesh 201301.

support@funkids.in

+91 8448008677

17. INDEMNITY

17.1 You agree to indemnify and hold Fun Kids India and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the Services and/or website or your violation of any law or the rights of any third party.

18. If you are coming to Showcase Your Talent, it means that you have read, understood, and accepted the relevant Parent Guide and Protocol Document.
19. Our Hindi page is currently under maintenance and some information shown there might be ambiguous. Please reach out to our support team in case of any queries.