In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
The domain name www.ekidooz.com (hereinafter referred to as “Website”) and the Mobile Application named ‘ekidooz' (hereinafter referred to as “App”) is owned by E Kidooz Club LLP (hereinafter referred to as the “E Kidooz”), a partnership incorporated under the Limited Liability Partnership Act of 2008, having their registered office at BA/138/B, First Floor, Janakpuri, New Delhi - 110058.
The use of this website by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to all of the policies so binding in You and that You are contracting with the Company and have undertaken binding obligations with the Company. For the purpose of these Terms of Service, wherever the context so requires “You” or “User” or “Parent” or “Student” shall mean any natural or legal person who has agreed to become a member on the Website by providing Registration Data while registering on the Website. The services in certain areas of the Site do not require registration but that does not absolve You of the contractual relationship. The term “We”, “Us”, “Our” shall mean EKidooz.
You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service.
2. ABOUT EKIDOOZ
Our company is in the business of providing online and offline education to students via our Website. Our services include, but are not limited to providing educational worksheet for all subjects, creating activity sheets which include puzzles, crosswords, and brain teaser activities, stories under different categories, create online mental maths quizzes, open forums for discussions by the members, sale of used kid’s materials, online sale and purchase of kids items, online slam book, wishes to dear ones.
3. WEBSITE IS MERELY A VENUE/PLATFORM
This Website acts as a mere venue/platform for our members to utilize the services provided. The content of the pages of this website is for your general information and use only. User(s) may use this site solely for their own personal or internal purposes.
4. USER(S) ELIGIBILITY
Our services are available only to those individuals who can form legally binding contracts under the applicable law. Therefore, User(s) must be at least 18 years of age to be eligible to use our services. We advise Parents and other Users that while accessing the Website, they must follow/abide by the related laws.
5. USER(S) AGREEMENT
This Agreement applies to User(s) who are visitors or have registered with us who access the Website for any purpose. This Agreement applies to all services offered on the Website, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by the User(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific services shall prevail.
In terms of this Agreement You agree that you will not:
- Upload or transmit any communications or content of any type that may infringe or violate any rights of any party;
- Use this website for any purpose in violation of local, state, national or international laws;
- Use this site as a means to distribute advertising or other unsolicited material to any third party;
- Use this website to post or transmit material that is unlawful, obscene, defamatory, threatening, harassing, abusive,
- slanderous, hateful or embarrassing to any other person or entity;
- Attempt to disable, "hack" or otherwise interfere with the proper functioning of this Website.
- Will not attempt to use it for commercial purpose, until a written permission from the Company is granted.
6. REGISTERED USER(S)
To become a Registered User(s) there is a proper procedure which is for the convenience of user(s) so that they can easily log-in and log-out. User(s) can become a Registered User(s) by filling an on-line registration form on the Website by giving desired information (name, contact information, etc.).
By becoming a Registered User, you consent to the inclusion of your personal data in our on-line database and authorize E Kidooz to share such information with other user(s). E Kidooz may refuse registration and deny the membership and associated User ID and Password to any user for whatever reason. The Registration can be done via social networking sites like Facebook also.
By becoming a Registered User, you give consent to contact you on our site through email and SMS and we have taken consent on it.
Even though the registration of the website is free the pre-approved KIT membership for pre-class can be bought for a period of one year from the Website upon the payment of upfront fees.
7. CANCELLATION & REFUND POLICY
As of now we donot provide any option for cancellation of products and / or services you have purchased or subscribed once a product /service has been purchased by you, We cannot provide any refund either totally or partially.
Suggest that you go through the Demo's and / or free to use contents/products and services before you subscribe to or purchase from ekidooz.com
- Misuse or illegal duplication of the authorization for any transaction/s; and
- Impersonation by any third party/individual in relation to use of debit/credit card; and
- Any issues/ error which may arise at the end of your Bank; and
- Any payment issues arising due to decline of transaction for any other reason/s whatsoever.
All instruments processed by the payment gateway or appropriate payment system infrastructure will also be governed by the terms and conditions agreed with the respective Issuing Bank/institutions in addition to the present terms and conditions. User acknowledge that E Kidooz shall not be held liable for any damages, interests or claims etc. resulting from not processing the payment transaction or any delay in processing the payment transaction which is beyond the control of the Company. Termination of Registration
Where there is a breach of any contract company reserve the rights to cancel the individual membership maximum of 50% refund of membership amount. Supported modes for online payment:
Online Payment: Credit Cards issued in India – MasterCard, Visa, American Express
Debit Card issued in India – MasterCard, Maestro, Visa
Net Banking / Online Transfer
Offline Payment: Cheque Demand Draft (DD) Cheque or Cash Pick-up Paytm Payment via credit card at any of our branch offices in India Bank Transfer via deposit.
8. DATA PROTECTION
9. POSTING YOUR CONTENT ON WEBSITE
Some of the content displayed on the Website is provided or posted by third parties. User(s) can post their content on some of the sections/services of the Website using the self-help submit and edit tools provided at the respective section. User(s) may need to register and/or pay for some of these services.
E Kidooz in such case is not the author. The content here is contributed by anonymous or registered User(s). Neither E Kidooz nor any of its affiliates, directors, officers or employees has entered into sale agency relationship with such third party by virtue of our display of the Third Party Content on the website. Any Third Party content is the sole responsibility of the party who has provided the content. E Kidooz is not responsible for the accuracy, propriety, lawfulness or truthfulness of any Third Party content, and shall not be liable to any user(s) in connection with his/her reliance on such Third Party content. In addition, E Kidooz is not responsible for the conduct of User(s) activities on the Website, and shall not be liable to any person in connection with any damage suffered by any person as a result of any such user's conduct.
10. AMENDMENT TO USER(S) AGREEMENT
We may change, modify, amend, or update this Agreement from time to time without any prior notification to User(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. If you do not adhere to the changes, you must stop using the service. Your continuous use of the service will signify your acceptance of the changed terms. These changed terms shall include any changes in relation to prices provided on the website or any updates implemented time to time.
11. INTELLECTUAL PROPERTY RIGHTS
E Kidooz are the sole owner or lawful licensee of all the rights to the Website and its content. Website content means its design, layout, text, images, graphics, sound, video etc. The Website Content embodies intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Website and its Content shall remain with us, our affiliates or licensor's of E Kidooz, as the case may be.
All rights, not otherwise claimed under this Agreement or by us, are hereby reserved. The information contained in this Website is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use. E Kidooz does not represent or endorse the accuracy or reliability of any information, or advertisements (collectively, the "Content") contained on, distributed through, or linked, downloaded or accessed from any of the services contained on this Website, or the quality of any products, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service. We accept no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this Website is provided "as is" with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing herein shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall E Kidooz be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to the service, the materials and the products. User(s) of this site must hereby acknowledge that any reliance upon any content shall be at their sole risk.
The blogs published on the Website here has been compiled from publicly aired and published sources. E Kidooz respects these sources and is in no way trying to infringe on the respective copyrights or businesses of these entities. The blogs are published ‘as is’ without any changes to the content or context of the document. The blog are published only after providing due credit to the author and no attempts are being made to infringe the Copyright of any of such authors.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of our services, you agree that you will not use the Website service to infringe the intellectual property rights of others in any way. We reserve the right to terminate the account of a User(s) upon any infringement of the rights of others in conjunction with use of our service, or if we believe that the User(s) conduct is harmful to the interests of E Kidooz, its affiliates, or other users, or for any other reason in our sole discretion, with or without cause.
12. LINKS TO THIRD PARTY SITES
Links to third party sites are provided by Website as a convenience to User(s) and we have no control over such sites i.e content and resources provided by them.
We may allow User(s) access to content, products or services offered by third parties through hyper links (in the form of word link, banners, channels or otherwise) to such Third Party's Website. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. E Kidooz believes that User(s) acknowledge that we have no control over such third party's site, do not monitor such sites, and we shall not be responsible or liable to anyone for such third party site, or any content, products or services made available on such a site.
13. EXCLUSION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL E KIDOOZ OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES AND EXPENSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, HEALTH PROBLEMS, LOST PROFITS, OR DAMAGES ARISING FROM LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY AGREE THAT NO LICENSOR, SUPPLIER OR INFORMATION PROVIDER TO E KIDOOZ OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, OR ANY OF THEIR SUCCESSORS OR ASSIGNS, SHALL HAVE ANY LIABILITY TO YOU FOR ANY REASON OR UNDER ANY THEORY WHATSOEVER, BASED UPON THE INFORMATION PROVIDED ON OR THROUGH THE WEBSITE OR YOUR USE OF THE WEBSITE. ANY INFORMATION OR SERVICE PROVIDED BY EKIDOOZ USING THIS WEBSITE IS NEITHER MEDICAL ADVICE NOR A SUBSTITUTE FOR MEDICAL ADVICE AND NOT A SUBSTITUTE TO YOUR PRIMARY OBLIGATION TO MAINTAIN YOUR MEDICAL RECORDS AND TO COMPLY WITH ANY ORDERS, PRESCRIPTIONS OR OTHER DIRECTIONS OF YOUR MEDICAL PROFESSIONALS.
15. USER SUBMISSIONS
Any communication or material you transmit to the Website by electronic mail or otherwise that does not contain personal health information, including data, questions, comments, suggestions, or the like, is, and may be treated as, non-confidential and non-proprietary. You hereby grant E Kidooz a perpetual, royalty-free, non-exclusive license in any copyrightable material that you transmit or post to our Website. Any such material may be used by E Kidooz for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, E Kidooz is free to use any ideas, concepts, know-how, or techniques in any communication that you send to the Website, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. You acknowledge that you are responsible for all information you send to the Website. You may not post or transmit any information that is illegal, threatening, libelous, defamatory, obscene, ethnically or racially offensive or discriminatory, profane, infringes the copyright or other intellectual property right of any third party, invades the privacy of another person or any other information or materials that constitute a crime, gives rise to a civil action or otherwise violate any law or confidentiality agreement. E Kidooz reserves the right to refuse to post any such message, and may take appropriate legal action.
16. PERSONAL AND NON-COMMERCIAL USE
The Website is for your personal and non-commercial use. As a condition to your continued use of the Website, you warrant to E Kidooz that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions of use.
17. GOVERNING LAW AND DISPUTE RESOLUTIONS
18. DISPUTES AND JURISDICTION
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two step Alternate Dispute Resolution mechanism.
- 18.1. Stage 1:Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for sole mediator and in the case both parties accept the proposed name, the said person shall be appointed sole mediator. In the case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
- 18.2. Stage 2: Arbitration. In the case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board is to comprise three members. One is to be appointed by each party and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on both parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be conducted in New Delhi. The mode of appointment of the arbitrators is as provided above.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts of New Delhi, India.
19. MISCELLANEOUS PROVISIONS:
- 19.1. Entire Agreement: This Agreement is the complete and exclusive statement of the agreements between you and us with respect to the subject matter hereof and supersedes all other communications or representations or agreements (whether oral, written or otherwise) relating thereto.
- 19.2. Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party's right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
- 19.3. Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
20. CONTACT US
If you have any questions about this Agreement, the practices of E Kidooz, or your experience with the Service, you can e-mail us at firstname.lastname@example.org.