This is the Terms of Service for all Kidlo apps developed and owned by IDZ Digital Private Limited ("IDZ Digital Private Limited", "we", or "us"). The following Terms of Service, along with our Privacy Policy create a legal contract the "agreement") between you ("you" or "your"), on one hand, and IDZ Digital Private Limited, with main office in the state of Maharashtra (India), in the city of Mumbai, at B-607, Western Edge II, Borivali (E) - 400066, on the other hand, governing your use of all the content we provide through the Apps, ("Content"). By using or accessing the Apps, or subscribing to our Content, or making in-app purchases (collectively "Use Kidlo", "Use of Kidlo" or "Using Kidlo"), you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using the Apps, you shall be subject to any posted guidelines or rules applicable to the same, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
If you do not agree with these terms or our privacy policy in their entirety, then you may not continue your use of Kidlo Apps.
By entering this agreement, you specifically agree (i) that arbitration is the exclusive dispute resolution method for all your disputes with IDZ Digital Private Limited; and (ii) to waive any and all of your rights to pursue or participate in a class action against IDZ Digital Private Limited, its affiliates, and related parties with regards to the app and/or the site.
Please review our Privacy Policy, which also governs your use of Kidlo Apps, to understand our practices.
All content included in or made available through the Apps, such as songs, games, activities, stories, text, graphics, images, audio clips, music, videos and digital downloads and the trademarks, service marks, logos and button icons contained therein is the property of or licensed to IDZ Digital Private Limited and subject to copyright and other rights protected by India and international intellectual property laws.
As a user of the Apps, you are granted a non-exclusive, non-transferable, revocable and limited license to access and use the APPS (and its associated Content). We may terminate this license at any time for any reason, whatsoever. You may use the Apps and/or Content for your own personal, non-commercial use. No part of the Apps and/or Content may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Apps, Content or any portion thereof. You may not use any automated means or form of scraping or data extraction to access, query or otherwise collect information from the Apps, or Content except as expressly permitted by us. We reserve any rights not explicitly granted in these Terms of Service. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Apps and/or Content. You may not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. As an App user, your license is provided solely for access to the Apps in order to obtain information about the Apps and/or the associated Content and to register for a subscription. Visitors of the Platform are not authorized to access any Products & Services or Content and/or data available to members.
Kidlo Apps respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at [email protected].
A limited number of songs and other content will be made available to the free users of the Apps and unlocking any additional content will require either in-app purchase or registering for subscription service.
Subscribed users will have complete access to all the contents in the app. Each app may have its own subscription service and respective subscription payment plan. By agreeing to subscribe to any of the Kidlo Apps, you agree to pay the periodic subscription fee displayed within the Apps as well as at the time of checkout. Subscribed users are also required to agree to the terms and conditions of the specific payment method chosen to subscribe through Apple App Store, Google Play Store or Amazon Appstore. All subscribed users will be automatically charged the subscription fees on a weekly, monthly, half yearly or yearly basis by Apple, Google or Amazon. IDZ Digital Private Limited may change this subscription fee schedule at any time, at its own discretion. If you do not agree to this price change, you may cancel your subscription from the respective store. Your continued Use of Kidlo Apps after the notice of change in fees constitutes your agreement to the new fees.
By agreeing to opt for an in-app purchase, you agree to pay the required amount and are also required to agree to the terms and conditions of the specific payment method chosen to subscribe through Apple App Store, Google Play Store or Amazon Appstore. IDZ Digital may change the price of any or all of the packs available for in-app purchase, at its own discretion. If you do not agree to this price change, you may not make the respective in-app purchase.
Apple:
Apple takes care of all the billing and we DO NOT store your credit card information. Any billing disputes or queries can be submitted to Apple App Store at https://reportaproblem.apple.com/ or email us for any doubts at [email protected].
Google Play:
Google Play takes care of all the billing and we DO NOT store your credit card information. In case of Google, they provide us with a portal to issue refunds as per need. So, in case of any refund or cancellation request, please email us at [email protected]
In your email to us, please provide your order id that you are disputing. We will evaluate the claim and issue a decision based on our discretion.
Amazon Appstore:
Amazon takes care of all the billing and we DO NOT store your credit card information. Any billing disputes or queries can be submitted to Amazon App Store.
When you use Kidlo Apps, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.
You are responsible for obtaining, maintaining and paying for all costs and fees associated with obtaining and maintaining all phone, computer hardware, Internet access services and other equipment or services needed to access and Use Kidlo Apps. You must provide all equipment and software necessary to connect to the Apps, and are responsible to ensure that the foregoing do not disturb or interfere with the App's operations. If any upgrade in or to the Apps requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated in writing by IDZ Digital Private Limited, any new or additional features of the Apps, including the release of new content, shall be subject to these Terms of Service. We are not responsible for any loss or harm caused to your equipment or hardware for any Use of Kidlo Apps, or alleged Use of Kidlo Apps.
Your use of the apps, is solely at your own risk. The apps and the associated content are provided "as is" and "as available" without warranty of any kind by IDZ Digital Private Limited or its affiliates. To the maximum extent allowed by applicable law, each of IDZ Digital Private Limited and its affiliates, expressly disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and any warranty of non-infringement. There is no warranty that the Kidlo Apps will meet your requirements, or that your access to the same will be uninterrupted, timely, secure or error-free. Neither IDZ Digital Private Limited nor its affiliates, warrant, guarantee, or make any representations regarding the use or the results of the use of Kidlo Apps with respect to performance, accuracy, reliability, security capability, currentness or otherwise.
IDZ Digital Private Limited uses reasonable efforts to ensure that information about any of the content on Kidlo Apps are correct. However, IDZ Digital Private Limited cannot guarantee the accuracy of such information and will not be liable for any errors, omissions or other deficiencies.
Because some jurisdictions do not allow certain warranties to be disclaimed, the above disclaimer may not apply in full to you. To the extent that in a particular circumstance any disclaimer set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, IDZ Digital Private Limited and/or its affiliates shall be entitled to the maximum disclaimer available at law or in equity by such applicable law in such particular circumstance.
You acknowledge that you, or anyone else using Kidlo Apps will use it at your/his/her own risk of property and personal injury, whether such injury is foreseeable or not, including, but not limited to, seizures, vision problems, or other symptoms related to the use of Kidlo Apps. You acknowledge that the person using our apps are fit for such use and are using the same at your own discretion and sense of judgement.
In no event shall we be liable to you or any third party, whether in contract, tort (including negligence), strict liability, indemnification or otherwise, for any consequential, incidental, indirect, special or punitive damages arising out of or in connection with your use of the Kidlo Apps, in any manner, foreseeable or otherwise. Also, we shall not be liable for your or one's inability to access Kidlo Apps, nor shall we be liable to you or any third party as to any virus or malicious code on your or their devices allegedly resulting from the use of Kidlo Apps; even if IDZ Digital Private Limited and/or its affiliates have been advised of the possibility of such damages.
The total cumulative liability of IDZ Digital Private Limited, its affiliates and/or third party suppliers to you or to any third parties, from all causes of action and under all theories of liability will be limited to and will not exceed the greater of the fees you paid to IDZ Digital Private Limited (and/or its affiliates) pursuant to this agreement over the twelve (12) months preceding the incident giving rise to such liability. Because some jurisdictions do not allow certain limitations of liability, portions of the above limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, IDZ Digital Private Limited and/or its affiliates, shall be entitled to the maximum limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance.
You agree that you shall defend, indemnify and hold harmless IDZ Digital Private Limited and its officers, directors, shareholders, employees, independent contractors, agents, representatives, partners, licensors, suppliers and affiliates (collectively, "Affiliates") and other users of Kidlo Apps from and against all claims, actions, demands, liabilities, settlements and expenses, including, but not limited to, attorneys' fees and costs, arising out of or related to: (i) any breach or violation by you of these Terms of Service or the Privacy Policy or any applicable law; (ii) your access or Use of Kidlo Apps; (iii) any third party's access or Use of Kidlo Apps; and (iv) your use of any of the Kidlo App Content.
These Terms of Use will be interpreted and construed in accordance with the laws of Republic of India without reference to its rules of conflicts of law.
IDZ Digital Private Limited and you agree to arbitrate all disputes between us, except disputes relating to the enforcement of our intellectual property rights. Dispute means any dispute, action or other controversy between you and us concerning the Kidlo Apps and the associated Content or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.
In the event of a Dispute, You or IDZ Digital Private Limited must send to the other party a notice of Dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the Dispute, and the relief requested. You must send any notice of Dispute to IDZ Digital Private Limited, Attention: Legal/Arbitration Notice. We will send any notice of Dispute to you at the contact information we have for you.
Any Disputes arising out of the Terms of Use or from use of Kidlo Apps and the associated Content not settled by mutual agreement of the parties involved within fifteen (15) days after a party is provided written notice for settlement thereof shall be referred to arbitration of sole arbitrator jointly, appointed by the parties under the Indian Arbitrator and Conciliation Act of 1996. The arbitration proceeding shall be conducted in Mumbai, India and shall be governed by and constructed in accordance with the laws of India. The language of the arbitration shall be English. The costs and expenses of the arbitration shall be borne as decided pursuant to the award.
Severability:If any provision of these terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
Survival:The provisions of these terms, which by their nature should survive the termination of these terms, shall survive such termination.
Waiver:No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Assignment:These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IDZ Digital Private Limited without restriction.
Force Majeure:IDZ Digital Private Limited's performance of its obligations under this Contract will be suspended for so long as IDZ Digital Private Limited is prevented from doing so by an Event of Force Majeure. "Event of Force Majeure" shall mean such events or circumstances, which are beyond the control of IDZ Digital Private Limited and which events could not have been reasonably foreseen or anticipated by IDZ Digital Private Limited upon the exercise of due care and diligence, including but not limited to IDZ Digital's operations being materially impaired, hampered, interrupted, prevented, suspended, postponed or discontinued due to the acts of God, earthquake, floods, riots, lockouts, war, civil disturbance, fire, accidents, armed conflict etc. government order or regulation, judicial order or decree (including without limitation injunctive relief, whether imposed on an industry wide basis or affecting IDZ Digital Private Limited), failure of technical facilities or substantial impairment in obtaining facilities which makes the rendering of Kidlo Apps beyond IDZ Digital Private Limited's control
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
IDZ Digital Private Limited reserves the right, at any time and from time to time, to amend, supplement or modify the terms of these Terms of Service. We will post or display notices of material changes on the website and those changes will become effective fifteen (15) days after the date of posting. You are responsible for regularly reviewing the Terms of Service, including, without limitation, by checking the date of "Last Update" at the bottom of this document. Your continued use of the App after the changes become effective signifies your agreement to be bound by such modified Terms of Service. If you do not agree with the changes in the Terms of Service, your only recourse is stop using the App.
DATE OF LAST UPDATE: 24 May, 2018.
CONTACT
IDZ Digital Private Limited
Email: [email protected]
Address: B-607,Western Edge II, Borivali East,Mumbai,India 400066