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.
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.
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.
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.
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.
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.
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:
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.
9. AFFILIATION, REMOVAL OF SUBMISSIONS
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)
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.
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.
16. GENERAL AMENITIES
If you have any queries you can write to us at:
G – 22, Lower Ground Floor, G Block,Sector-3 Noida,Uttar Pradesh 201301.
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.