“Firm”; “us”; “we”; “our” shall mean Vidhi Mehra Candy Cane LLP., a Firm registered under the Limited Liability Partnership Act, 2008, having its registered office at Floor No.5, Amar Renaissance, Near Empress Garden, Sopan Baug Society, Ghorpadi, Pune, Maharashtra 411001.
“Application” shall mean the mobile application made, created and developed by the Firm for enabling the features of the Services subscribed by the Users.
“Platform” shall mean the Website and Mobile Application created by the Firm, to which the Users shall get an access to, after subscription.
“Website Services” shall include registration, subscription to the Application and sale of Services to the Users.
“Services” shall mean the kids related Services offered by the Firm to the Users which can be purchased by the Users on the Website.
“Data” shall mean profiles, photos, videos, locations, testimonials, and any other information shared by the Users on the Website.
“You”; “your”; “User” shall include in its ambit members who have subscribed to the Platform.
“User Account” shall be the account, which the Users shall be required to create with the Website to access the Platform.
“Package” shall mean the category of Services to which the User has subscribed to.
“Subscribe” shall mean choosing a required package based on pricing, to avail the Services.
“Payment Mechanism” shall mean the net banking, credit card, debit card, mobile payments by using payment gateway (PayU).
ACCEPTANCE OF TERMS:
The Firm provides this Website to you, subject to the following Terms. These Terms form a legal agreement between the Firm and you. We may update the Terms on the Website periodically without notice to you.
The Firm is engaged in the business of providing kids related services which can be purchased by the Users through the Website. The Company also provides online and on-ground events for kids to enable learning and development activities for children. The Firm offers the Package to its Users on payment of Subscription fees for availing the Services offered through the Website.
The Users shall subscribe to the Website, in accordance with the terms and conditions of the invoice terms and conditions (“Invoice Terms and Conditions”).
On subscribing, the Users shall be given access to the User Account, through which the User shall be enabled to access the Platform and conduct the activities made available on the Application.
Users can share the Data on the Website and create their own album. Website shall provide the storage limit along with the Package subscribed for by the User. User can have its own private album within the storage limit and can share the experience by posting the testimonials on the Website.
At the time of registration for the User Account, you shall be required to share certain information including but not limited to name, mobile number, city, email Id, child’s name (“Personal Information”) with the Firm.
You undertake and represent that the Personal Information provided is accurate, complete, and updated. Failure to do so shall constitute a material breach of these Terms, which may result in immediate termination of your User Account.
You shall be solely responsible for maintaining the confidentiality of the User Account, and the Firm shall not be liable in the event someone interferes with your User Account. In case you forget your password, on its request we will send a new password at the email Id provided by you during the registration.
The Firm reserves the right to store the information and Data provided by you for the purposes of providing the Services. The Firm reserves the right in its sole discretion to accept/refuse /reject registration or cancel User Account without obligation of explanation. You will immediately notify the Firm in writing of any unauthorized use of your User Account, or any other breach of security or other known account-related security breach.
Any conduct of a User that is in the Firm’s exclusive discretion, a breach of the Terms or which restricts or inhibits any other Users from using or enjoying this Website or is in violation of any law or public policy, is strictly prohibited.
The foregoing provisions apply equally to and are for the benefit of the Firm, its subsidiaries, business associates, and third party content providers, and each shall have the right to assert and enforce such provisions directly or on their own behalf.
The Applicationis offered to the Users on a subscription based model, wherein the Users shall have to pay to the Firm annual fees (“Subscription Fees”) for availing the Services.
All the payments made by the Users shall be by way of Payment mechanism offered by the Website.
You understand and agree that the Firm does not support any cancellation or refund policy. All the payments are accepted on a non-cancellation and non-refundable basis.
The Subscription Fee has been detailed out in the Invoice Terms and Conditions.
Users shall not:
Scrape, build databases, or otherwise create permanent copies of the Data, or keep cached copies of the Data longer than permitted by laws, regulations, Terms, and any other terms and conditions to which the Firm and the Website may adhere to
reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Website, use of the Website, or access to the Website;
upload, post, email, transmit or otherwise make available any Data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity;
Misrepresent the source or ownership of Data;
hold the Firm liable in the event of any accident or injury occurring due to the activities conducted or performed by you on your child;
hold the Firm liable for uploading or posting of public Data on the Website by you;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Website;
upload, post, email, transmit or otherwise make available any Content and Data that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content and Data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,”spam,”chain letters,” pyramid schemes,” or any other form of solicitation;
upload, post, email, transmit or otherwise make available any material that contains software viruses 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;
disrupt the normal flow of or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
intercept, interfere, or alter the Data or information to be made available to other Users of the Website;
Intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law.
All materials on this Website, including but not limited to logos, icons, images, sound, audio, music, graphics, software, text, icons, underlying source code, software scripts etc. (the “Content”), are protected by relevant Intellectual Property Right laws. There are a number of proprietary logos, copyrights, know-how, patents, trade secrets, designs, layout, models, goodwill, service marks and trademarks on this Website whether owned/used by the Firm or otherwise. By displaying them on this Website, the Firm is not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use or attempt to use the Content & Data may violate copyright laws, trademark laws, the laws of privacy, and civil and criminal statutes.
Any ownership shall not be claimed for the logos posted on the Website by the Firm.
You understand and agree that, the Data shared by you and accepted for making it public shall be the sole property of the Firm. Firm shall have the ownership on such Data and can use it for posting it on the forum, any other social networking site, its own site or for any other purpose it wishes to.
You acknowledge and agree that the Firm may disclose the Personal Information and any other Data provided under the Terms if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
comply with legal process;
enforce the Terms;
respond to claims that any data violates the rights of third-parties; or
Protect the rights, property, or personal safety of the Firm, its Users and the public.
You agree that the Firm, in its sole discretion, may terminate your User Account and use of the Website if Firm believes that you have violated or acted inconsistently with the letter or spirit of the Terms.
The Firm may on the material breach of the Terms by you, discontinue providing the Website, or any part thereof, with or without notice to you. Further, you agree that the Firm shall not be liable to you or any third-party for any termination of your access to the Website on your material breach of the Terms.
The Firm shall not be liable for any refund of Subscription Fees in case of termination of your User Account as a result of reasons solely attributable to you.
LINKS AND THIRD PARTY ADVERTISERS:
The Website may provide, links to other World Wide Web sites or third-party websites, advertisers or resources. You understand and acknowledge that the Firm has no control over such sites, advertises and resources, and agree that the Firm is not responsible for the availability or non-availability of such external sites, advertises or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Firm shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content and Data, goods or services available on or through any such site, advertises or resource. You shall be solely responsible to access such third party links and advertises.
You agree and undertake that while accessing or using the Website, you shall not indulge in creating or sending SPAM, junk e-mails, chain letters, duplicative or unsolicited messages, letters, comments, more prominently called “spamming” or “phishing”.
DISCLAIMER OF WARRANTIES:
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK AND THAT THE WEBSITE AND THE SERVICES THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. THE FIRM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES OR THE FIRM OR THE CONTENT OF ANY THIRD PARTY WEBSITES LINKED TO THE WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, COMMUNICATED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE OR THE SERVICE. THE FIRM DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE FIRM WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER USERS AND/OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
You agree to indemnify and hold the Firm, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of;
Data and information you submit, post, transmit or make available through the Website;
your violation of these Terms;
your violation of any rights of another User;
infringement of third party intellectual property rights;
violation of any applicable laws;
any misuse, resale, leasing, sub licensing of Data;
any claims, suits, proceedings instituted by targeted Websites for use of their data;
any claims, suits, proceedings instituted by targeted Users.
LIMITATION OF LIABILITY
You expressly understand and agree that the Firm shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Firm has been advised of the possibility of such damages), resulting from:
the use or the inability to use the Website, due to downtime, server failure or otherwise;
unauthorized access to or alteration of your transmissions through your User Account;
statements or conduct of any third party on the Website; or
any other matter relating to the Website.
Notwithstanding anything contained herein or elsewhere, the maximum liability of the Firm shall not exceed the amount of Subscription Fees paid/payable by the Users on pro-rata payment of Subscription Fees paid/payable by the Users in the preceding three months from the date of a claim having arisen in case of annual payment of Subscription Fees.
CHOICE OF LAW AND JURISDICTION:
This Agreement shall be construed and governed by the laws of India without regard to principles of conflict of laws.
Any dispute arising, between you and the Firm shall be submitted to the exclusive jurisdiction of Pune courts.
Without limiting the foregoing, under no circumstances shall the Firm be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Website or availability of the Services, resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.
Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of these Terms; however, no action arising out of these Terms or your use of the Website, regardless of form or the basis of the claim, may be brought by you more than 2 (two) months after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
Any notice provided to the Firm pursuant to these Terms shall be sent to the registered office address of the Firm.
We have and continue to have the right to modify, change, substitute, remove, suspend or update these Terms or any information in it at any time by sufficiently highlighting on the Website about such change. Such changes shall be effective immediately upon posting to the Website. Continued use of the Website shall be deemed to be your acceptance of the Terms.
You agree that if the Firm does not exercise or enforce any legal right or remedy which is contained in these Terms, this will not be taken to be a formal waiver of the Firm’s rights and that those rights or remedies shall still be available to the Firm.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision contained in these Terms are invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of these Terms will continue to be valid and enforceable.
If any one or more of the provisions of these Terms is or becomes invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not in any way be affected, prejudiced or impaired.
You cannot assign or otherwise transfer these Terms, or any rights granted hereunder to any third party.
You agree that any violation by you of these Terms shall constitute an unlawful and unfair business practice, and will cause irreparable harm, for which monetary damages would be inadequate, and you consent to the Firm obtaining any injunctive or equitable relief that it deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies the Firm may have at law or in equity.
Please report any violations or grievances with relation to the Terms to the Firm at Candy Cane Club