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. ABOUT THESE TERMS OF SERVICE
1.1 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.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.
1.2 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.
1.3 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. INFORMATION ABOUT US
2.1 We provide the Services and operate the Application. We are Fun Kids India, a limited company registered in Delhi NCR – CIN: U74999DL2015PTC287237
2.2 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. WHAT IS THE FUN KIDS INDIA APPLICATION
3.1 3.1 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. ACCEPTANCE OF TERMS OF SERVICE
4.1 By using the Services and/or the Application, you accept and agree to be bound by these Terms of Service.
4.2 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.
4.3 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.
4.4 You can review the most current version of our Terms of Service at any time by clicking on the “Terms of Service” link located at the bottom of the website at https://www.funkids.in/terms-of-service/ The most current version displayed on that page will supersede all previous versions. It is your responsibility to ensure that you are familiar with the current Terms of Service. You are advised to check the above link on a regular basis.
5. LIMITATIONS ON USE
5.1 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 of this paragraph 5 are met.
5.2 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.
5.3 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. YOUR CONDUCT
6.1 By downloading and/or using the Application, the user agrees to procure that any individual authorized by it shall, and each individual agrees not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services or Application.
6.2 Each individual agrees and undertakes to keep his/her/its username and password confidential, not to disclose your password to any other person and not to permit any other person to log in to the Application using his/her/its username and password.
6.3 The Education Provider and each individual agree not to interfere with the servers or networks connected to the Application or to violate any of the procedures, policies or regulations of networks connected to the Application, including these Terms of Service. Each individual also agree not to:
(a) Attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Application to any third party, or jeopardize the correct functioning of the Application, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Application);
(b) Attempt to gain access to secured portions of the Application to which you do not possess access rights;
(c) Impersonate any other person while using the Services or Application;
(d) Conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the Application;
(e) Resell or export the software associated with the Application;
(f) Use the Application to generate unsolicited advertisements or spam; or
(g) Use any automatic or manual process to search or harvest information from the Application, or to interfere in any way with the proper functioning of the Application.
6.4 – All content uploaded by you to the Application shall at all times remain the exclusive property of ours. Fun Kids India shall have no rights to publish, amend, display, or otherwise use any such content except as set out herein or with the prior express wrote consent of the Education Provider.
7. OUR RIGHTS
7.1 Any individual authorized by the Education Provider with access to the Application. Fun Kids India reserves the following rights, and in accessing, browsing or otherwise using the Application you grant to Fun Kids India and agree that Fun Kids India shall have the following rights:
(a) The right to refuse or withdraw access to the Application in accordance with applicable laws for any reason at any time (with or without notice) if in Fun Kids India’s sole any individual authorized by the Education Provider violates or breaches any of these Terms of Service;
(b) The right to suspend, amend or disable your profile without giving you notice for any reason (although we will use reasonable endeavors to give you such notice in good time);
(c) The right to take back, replace or modify any tablet device provided to you by the Company include without limitation where we replace a tablet device with an alternative model;
(d) The right to amend or update the Application, and Services fees, billing methods or Terms of Service from time to time;
(e) The right to update and/or replace any firmware and Application on any tablet provided by the Company;
(f) The right without notice to remove content, materials or user accounts for any reason whatsoever in our sole and absolute discretion, without limiting content and materials which are unlawful, offensive, threatening, libelous, defamatory, obscene or which infringe third party rights, and user accounts used to propagate any such content or materials;
(g) The right to access any or all of your accounts in order to respond to your requests for technical support so long as we maintain appropriate administrative physical and technical safeguards for the protection of the security and confidentiality and integrity of your data; and
(h) The right to report you to the police or other judicial body if Fun Kids India believes in its sole and absolute discretion that your conduct (whether in using the Application, our Services or otherwise) is unlawful or threatens the welfare of any user of the Application or the Services or any member of FunKids India staff.
You hereby represent and warrant that in respect of any content uploaded to the Application and/or transmitted to any member via the Application by you that:
(a) You have the right to publish such Content (whether by virtue of ownership of the intellectual property rights in such content or as a result of the grant to you of a license to use and publish such content);
(b) In the event that you upload any content to the Website, you have the consent of any data subject (or in the case of a child, his/her parent) to upload such content;
(c) The publication of such content on the Application is not likely to bring the reputation of Fun Kids India into disrepute or breach any applicable laws relating to data protection including, but not limited to, the latest Data Protection Act;
(d) Such content:
(i) Is not illegal in the India or in any jurisdiction in which such content might reasonably be expected to be viewed and does not promote any illegal activity;
(ii) Does not promote terrorism or assist any person in committing or procuring the commitment of any act of terrorism;
(iii) Such content does not encourage or promote any political cause or affiliation;
(iv) Such content is not of a pornographic, sexually explicit, violent, offensive or obscene nature;
(v) Such content does not promote racism, bigotry, hatred or physical harm of any kind against any person or group of persons;
(vi) Such content does not contain libelous or otherwise untrue statements about any person (whether living or dead) and does not harass or advocate the harassment of any person;
(vii) Such content is not likely to cause offence to any authorized viewer of such content;
(viii) It is not likely to lead a viewer to assume that you are related to, authorized by or otherwise represent Fun Kids India.
8.1 You acknowledge and agree that Fun Kids India shall have no obligation to review and approve any content uploaded to the Application. Fun Kids India shall be entitled to remove any content without notice and without giving any reason.
8.2 Further you acknowledge and agree that Fun Kids India may be required to provide information about the origin of any unlawful content published and/or the occurrence of any unlawful activity occurring on the Application to any police or judicial authority in any country in which such content has been viewed and is illegal and you hereby irrevocably authorize Fun Kids India to provide such information to such persons (on request or in our discretion) without consulting or informing you.
9.1 We may agree from time to time to provide the Education Provider with dedicated tablets to access the Application plus the option to pay a specific rent (and insurance premium) for each tablet provided for an agreed period up to a maximum period of 24 months.
9.2 If you decide to not pay the rent (and insurance premium) pursuant to clause
9.3, You undertake to purchase an insurance policy that covers damage, loss, and theft with minimum coverage equal to the full replacement value of the tablets provided to you. You are required to provide a copy of the insurance policy to Fun Kids India on demand. If no such policy is put in place by the dates that the tablets are delivered, you agree to indemnify Fun Kids India for any and all damage, loss and/or theft to the tablets.
9.4 The Education Provider and each of the individuals undertake to look after the tablets provided to them and acknowledge and agree that in circumstances where you have paid the insurance premium pursuant to clause 10.1:
(a) In the event that you damage a tablet in circumstances where it is repairable, we will provide a replacement tablet on payment of the lower in value of (i) a repair fee to cover the cost of any repair or (ii) the cost of any excess payable by us pursuant to the insurance policy. We will notify you of the amount of any repair fee from time to time;
(b) In the event that you damage a tablet in circumstances where it cannot be repaired, we will provide a replacement tablet on payment of a replacement fee to cover the cost of any excess payable by us pursuant to the insurance policy. We will notify you of the amount of any replacement fee from time to time;
c) In the event that a tablet is stolen or otherwise lost, we will provide a replacement tablet on payment by the Education Provider of 100% of the cost of a new tablet at such time.
10.5 Fun Kids India’s insurance policy limits the number of times a tablet can be replaced due to damage. You therefore acknowledge and agree that each tablet can only be replaced once if you make a claim under clauses 10.3(a) or 10.3(b).
10.6 You acknowledge that these terms of service and insurance, if applicable, will be invalidated, and Fun Kids India shall bear no responsibility and have no liability if you::
(a) Instruct a third party to repair or seek to repair such tablet device without our prior written consent;
(b) Amend, modify or otherwise change any tablet device; or
(c) Sell, lease, transfer or otherwise part possession with any tablet device.
11. INTELLECTUAL PROPERTY
11.1 Fun Kids India and/or its licensor(s) are the sole owners of the Application, which includes any software, domains, and content created by Fun Kids India and made available through the Application. The Application is protected by India and International copyright and other intellectual property laws.
11.2 We permit you to use the Application for the purposes for which the Application is provided and Fun Kids India grants you a limited license solely for that purpose.
11.3 Without limitation, this means that you may not sell, export, license, modify, copy, distribute or transmit the Application (or any part of it) or any material provided through the Application without Fun Kids India’s prior express written consent.
11.4 Any unauthorized use of the Application will result in the automatic termination of the limited license granted by us. Fun Kids India reserves the right to terminate the limited license without notice at any time following an unauthorized use by Application.
11.5 Fun Kids India and its graphics, logos, icons and service names related to the Application are registered and unregistered trademarks or trade dress of Fun Kids India Ltd. They may not be used without Fun Kids India’s prior express written permission.
11.6 All other trademarks not owned by Fun Kids India that appear in connection with the Application are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by Fun Kids India.
11.7 All content uploaded by you to the Application shall at all times remain your exclusive property. Fun Kids India shall have no rights to publish, amend, display or otherwise use any such content except as set out herein or with your prior express wrote consent.
12.1 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. ELECTRONIC COMMUNICATIONS
13.1 By accessing and/or using the Application and/or material provided through the Application, you consent to receive electronic communications and notices from Fun Kids India. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
15. NO WARRANTY & LIABILITY LIMIT
15.1 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.
15.2 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.
15.3 From time to time 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.
15.4 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.
15.5 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.
16.1 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.