Bhavishya Learning India Private Limited (Hence forward known as “KinderGarden”)
Effective Date: 25th May 2017
Last Updated Date: 25th May 2017
Welcome to KinderGarden! Our Services enables Edu-preneurs to start and/or run their preschool. We provide structured curriculum, processes, digital platform & quality control measures to the edupreneurs & educators. We also empower them with different activities for the teachers & parents to engage in with their children (“Activities”) and enable Edu-prenuers & Educators (“Educators”) to hold KinderGarden classes (“Classes”) and events (“Events”) in their local preschool for the purpose of helping children socialize, enjoy the outdoors, learn, and develop new skills. We also provide digital applications, content, games & equipments for parents to engage directly with their child anytime, anywhere and help him develop social, academic & physical development & agility.
THE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.
THE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY KinderGarden IN ITS SOLE DISCRETION AT ANY TIME AS PROVIDED IN SECTION 21.
1 Use of the Services and KinderGarden Properties. The Website, the Services, all KinderGarden marketing materials (“Marketing Materials”), and all learning materials, gear, kits, and other products which may be provided by or purchased from KinderGarden relating to class structures, curriculum offerings, and Activities (“Course Materials”), and the information and content available on the Website and in the Services, Marketing Materials, and Course Materials, including Activities, (collectively, the “KinderGarden Properties”) are protected by copyright laws in India. Subject to the Terms, (i) as a User, KinderGarden grants you a limited license to reproduce portions of KinderGarden Properties for the sole purpose of using the Services for your personal, non-commercial, purposes and (ii) if you are a Educator, KinderGarden also grants you a further limited license to (i) use the Educator tools available through the Website and (ii) use, reproduce, and distribute the Marketing Materials and Course Materials, for the purposes of marketing and leading Classes and hosting Events. Unless otherwise specified by KinderGarden in a separate license, your right to use any KinderGarden Properties is subject to the Terms.
Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) except as expressly stated herein, you will not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit KinderGarden Properties or any portion of KinderGarden Properties; (b) you will not frame or utilize framing techniques to enclose any trademark, logo, or other KinderGarden Properties (including images, text, page layout or form) of KinderGarden; (c) you will not use any metatags or other “hidden text” using KinderGarden’s name or trademarks; (d) you will not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of KinderGarden Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you will not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you will not access KinderGarden Properties in order to build a similar or competitive website or service; (g) except as expressly stated herein, no part of KinderGarden Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you will not remove, alter, obscure, or destroy any copyright notices or other proprietary markings contained on or in KinderGarden Properties. Any future release, update or other addition to KinderGarden Properties will be subject to the Terms. KinderGarden, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of KinderGarden Properties terminates the licenses granted by KinderGarden pursuant to the Terms.
Registering your Account. In order to access certain features of the KinderGarden Properties, become a Educator/Edu-Preneur, or be a User eligible to register your Children(as defined below) for a Class or Event (“Enrollee”), you will be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the Website (“Account”).
Registration Data. In registering for the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the Services’ registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least eighteen (18) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using KinderGarden Properties under the laws of the republic of India, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You agree that you will monitor your Account to restrict use by minors, and you will accept full responsibility for any unauthorized use of KinderGarden Properties by minors. You may not share your Account or password with anyone, and you agree to (1) notify KinderGarden immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or KinderGarden has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, KinderGarden has the right to suspend or terminate your Account and refuse any and all current or future use of KinderGarden Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you will not have more than one Account per platform at any given time. KinderGarden reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party’s rights. You agree not to create an Account or use KinderGarden Properties if you have been previously removed by KinderGarden, or if you have been previously banned from any of KinderGarden Properties.
Educator/Edu-preneur Application. If you apply to be a Educator/Edu-preneur by submitting the application available at www.kindergaren.in/educator or www.kindergaren.in/edu-preneur, you acknowledge and agree that KinderGarden may reject your application for any reason at KinderGarden’s sole discretion, subject to applicable law.
Background Checks. By submitting a Educator/Edu-preneur application, you agree that KinderGarden may conduct criminal background checks or other screenings (such as sex offender register searches) at any time, using all available records.
1 Enrollee Terms. The following terms apply to Users who are Enrollees:
Terms Binding on Minors. When you register one or more of your children for a Class or Event, you represent that you are the parent or legal guardian of all individuals under the age of 18 who are participating in the Class or Event, or accompanying you to such Class or Event,(“your Children”) and you agree that these Terms are also binding upon your Children.
No Class or Event Guarantee. You acknowledge and agree that KinderGarden does not and cannot guarantee any particular Classes, Events, Activities, Course Materials, or Educator/Edu-preneur will be available. In some cases, Classes and Events displayed as available on the Website may not be available at some locations. KinderGarden reserves the right to reschedule or cancel any Class or Event for any reason without notice. KinderGarden and any Educator/Edu-preneurs may disqualify anyone at any time during a Class or Event from participating in any and all activities, including if KinderGarden or a Educator/Edu-preneur feels you or your Children’s continued participation will jeopardize any individuals involved or others. In the event a Class or Event is listed at an incorrect location, or a class is listed at an incorrect price, due to typographical error or other error, KinderGarden will have the right to refuse or cancel any registrations for enrollment placed for such Class or Event. KinderGarden will have the right to refuse or cancel any such registrations whether or not the registration has been confirmed or your credit card charged. If your credit card has already been charged for the registration and your registration is cancelled, KinderGarden will issue a credit to your credit card account in the amount of the incorrect price.
Event Participation. Events are hosted by Educator/Edu-preneurs for you and your Children to participate. Event descriptions, terms and conditions, and any fees that may be applicable for an Event are set forth on the page for that Event.
Class Fees. Class descriptions, terms and conditions, and any fees that may be applicable for a Class are set forth on the page for that Class. KinderGarden, at its sole discretion, may make promotional offers with different features and different rates to any Enrollee. These promotional offers, unless made to you, will have no bearing whatsoever on the amount you owe to KinderGarden.
Class Enrollment Plans. If you register your Children for one or more Classes, KinderGarden will charge you upon registration for the Class. If you decide not to attend any prepaid Classes, you will not be eligible for a prorated refund of any portion of the prepaid fees.
Food and Drinks. KinderGarden does not monitor the serving of any foods or beverages at any Classes or Events. You understand that if food and beverages are provided at a Class or Event for you and your Children to consume, you are free to choose which foods and beverages, if any, you and your Children consume, and you accept sole responsibility for all risks associated with such consumption by you and your Children, including food sickness, allergic reaction, and death. You are solely responsible for any food or beverages that you bring to any Classes or Events.
Medical Emergency. In case of medical emergency, you authorize the Educator/Edu-preneur and KinderGarden to secure emergency medical treatment for your Children. You hereby agree to pay for any charges for emergency medical treatment that are not covered by your or your Children’ personal health insurance.
1 Educator/Edu-preneur Terms. The following terms apply to users who are Educator/Edu-preneur:
Profile. Any Content posted by you in your profile may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post or submit for print services a photograph of another person without that person’s permission.
Leading Classes and Hosting Events. You represent that any Classes you lead and Events you host will be age appropriate for the participating children and compliant with all applicable laws. When leading a Class or hosting an Event, you agree to post on the KinderGarden Properties, an accurate, detailed description of the Class or Event that you intend on leading or hosting, including a description of the activities to be held, the targeted age range for participating children, date and time of the Class or Event, location of the Class or Event, and any participation restrictions. You agree that you will notify KinderGarden within twenty-four (24) hours before the start of a Class or Event if you are unable to host such Class or Event for any reason. You acknowledge and agree that KinderGarden does not and cannot guarantee that any Enrollees will register their Children for any of your Classes or Events.
Competence. You represent that you have the experience, qualifications, and ability to lead Classes and host Events. You acknowledge and agree that you must participate in KinderGarden’s training program and be certified as a Educator/Edu-preneur before leading Classes or hosting Events. You acknowledge and agree that you will purchase any products KinderGarden deems necessary, in its sole discretion, to adequately perform your role as a Educator/Edu-preneur, including a KinderGarden starter kit, Marketing Materials and Course Materials. Required materials and prices are available at www.KinderGarden.in. You further represent that you will use your best efforts to lead your Classes and host Events, such that the results are satisfactory to the Enrollees and their Children.
No Convictions. By agreeing to the Terms, you hereby represent and affirm that you have not been convicted of a crime, which does not include the following: (i) minor traffic infractions or (ii) convictions which have been expunged or sealed by the court.
Payment to Educator/Edu-preneur. For each class you lead, KinderGarden will pay you the fees specified on the class detail page when you are logged into your account as a Educator/Edu-preneur. All payments will be made by check within thirty (30) days after the later of the end of the month (i) in which you led the Class or (ii) KinderGarden received Enrollee’s payment for your Class. KinderGarden has no obligation to pay you any portion of the fees for which KinderGarden does not receive payment from an Enrollee.
Support. KinderGarden will provide strategic business support at no cost to Educator/Edu-preneur in accordance with its standard support policies. Any additional support to be provided by KinderGarden may be subject to additional fees, at the sole discretion of KinderGarden.
Driving. If you drive any Enrollees or their Children to any Classes or Events, you hereby represent, warrant, and agree that: (i) you are at least 21 years of age; (ii) you possess a valid driver’s license and are authorized to operate a motor vehicle and have all appropriate licenses, approvals, and authority to provide transportation to third parties; (iii) you own, or have the legal right to operate, the vehicle you are using when transporting Enrollees and their Children, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind; (iv) you are named or scheduled on the insurance policy covering the vehicle you are using when transporting Enrollees and their Children; (v) you have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) for the operation of your vehicle to cover any anticipated losses related to your provision of rides to Enrollees and their Children; (vi) you will be solely responsible for any and all liability which results from or is alleged as a result of the operation of the vehicle you use to transport Enrollees and their Children, including, but not limited to personal injuries, death and property damages; (vii) in the event of a motor vehicle accident you will be solely responsible for compliance with any applicable statutory or department of motor vehicles requirements, and for all necessary contacts with your insurance carrier; (viii) you will obey all local laws related to the matters set forth herein, and will be solely responsible for any violations of such local laws; (ix) you will not make any misrepresentation regarding KinderGarden, the KinderGarden Properties, the Services, or your status as a driver, offer or provide transportation service for profit, charge for rides or otherwise seek non-voluntary compensation from Enrollees or their Children, or engage in any other activity in a manner that is inconsistent with your obligations under the Terms; (x) you will not transport Enrollees or their Children on any trip in excess of one hundred (100) miles; (xi) you will not discriminate or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; and (xii) you are medically fit to drive in accordance with applicable law.
Independent Contractor. You acknowledge and agree that KinderGarden is not your employer. Your relationship with KinderGarden will be that of an independent contractor, and nothing in the Terms should be construed to create an employer-employee relationship or any other relationship other than that of an independent contractor. You understand you will not be entitled to any of the benefits that KinderGarden makes available to its employees, such as group insurance, and that you will be solely responsible for all tax returns and payments required with respect to your performance of services and receipt of fees under the Terms. If applicable, KinderGarden will report amounts paid to you for leading Classes to the income tax department, as required by law. You understand KinderGarden will not withhold or make payments for social security, unemployment insurance or disability insurance contributions on your behalf. You hereby agree to indemnify and defend KinderGarden against any and all such taxes or contributions, including penalties and interest. You agree to accept exclusive liability for complying with all applicable state and federal laws, including laws governing self-employed individuals, if applicable, such as laws relate to payment of taxes, social security, disability, and other contributions based on fees paid to you under the Terms.
Engagement of Services. You acknowledge and agree that your services are non-exclusive, and KinderGarden reserves the right, in its sole discretion, to engage with other contractors or other third parties regarding services that may be the same or similar to the services you provide. You understand that you have the right to provide services of any kind, to engage in any other outside professional activities, take on employment or engagements with whomever you so choose including the right to sell and/or represent other company’s products or services, provided, however, that any such activity will not be in direct or indirect competition with KinderGarden’s business. You understand that the fact that you have entered into the Terms does not obligate you to make myself available to lead Classes or host Events for any specific days or times and that you are free to choose the days and times you will be available to lead Classes or host Events. You also understand that the Terms do not require KinderGarden to provide any specific opportunities to you.
Confidential Information. To the extent that you are provided access to confidential information of KinderGarden, including the personally identifiable information of the Enrollees and their Children, you agree that you will not use or disclose it in any manner other than as necessary to lead Classes or host Events under the Terms, which includes, but is not limited to, your agreement that you will not share such information with competitors of KinderGarden. You understand that any information provided to you by KinderGarden will be considered to be confidential information for purposes of the Terms, unless KinderGarden states otherwise in writing, or you otherwise know such information to be publically available. You also understand that, upon KinderGarden’s request, you will return to KinderGarden all information provided to you by KinderGarden, including all copies thereof. You understand that information includes tangible materials, as well as electronically stored information and all copies thereof.
1 Interactions with Other Users.
Classes and Events. KinderGarden does not supervise, organize, or orchestrate Classes or Events. As a result, we have no control over the identity of the individuals who are present at these Classes or Events and we request that our Users exercise caution and good judgment when attending these Classes and Events. KinderGarden is not liable for any problems or issues that arise from or at any of these Classes or Events.
User Responsibility. You are solely responsible for your interactions with other Users of the Services and any other parties with whom you interact through the Services; provided, however, that KinderGarden reserves the right, but has no obligation, to intercede in disputes. When interacting with other Users you should exercise caution and common sense to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. KinderGarden AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF KinderGarden PROPERTIES OR SERVICES. KinderGarden MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF REGISTERED USERS. KinderGarden MAKES NO REPRESENTATIONS IN CONNECTION WITH PUBLIC, PRIVATE, OR OFFLINE INTERACTIONS. NEITHER KinderGarden NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. We encourage you to exercise caution and to only meet with Users that you know and trust.
Content Provided by Other Users. KinderGarden Properties may contain User Content provided by other Users. KinderGarden is not responsible for and does not control User Content. KinderGarden has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
1 Payment Terms.
Payment. All prices are quoted in Indian Rupees and are valid and effective only in the India. Enrollees must provide KinderGarden with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) when registering their Children for a Class or Event. If you are an Enrollee and KinderGarden does not receive payment from your Payment Provider for any Classes or Events, (i) you agree to pay all amounts owed by you upon demand, and (ii) you agree that KinderGarden may either terminate or suspend your Children’s participation in any Classes or Events. Educator/Edu-preneurs must provide KinderGarden with a valid Payment Provider when purchasing Course Materials and Marketing Materials from KinderGarden. Your Payment Provider agreement governs your use of the designated credit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing KinderGarden with your credit card number and associated payment information, you hereby authorize KinderGarden to immediately charge your credit card for all fees and charges due and payable to KinderGarden hereunder or credit your credit card for any refunds owed and that no additional notice or consent is required. You agree to immediately notify KinderGarden of any change in your billing address or the credit card used for payment hereunder. KinderGarden reserves the right at any time to change its prices and billing methods, either immediately upon posting on the KinderGarden Properties or by e-mail delivery to you.
Taxes. KinderGarden’s fees are net of any applicable GST. If any products or Services, or payments for any products or Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to KinderGarden, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority and you will indemnify KinderGarden for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” will mean any sales or use tax, and any other tax measured by sales proceeds, that KinderGarden is permitted to pass to its customers that is) the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Disputes. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: Bhavishya Learning India Private Limited, 30, Roy Nagar, 57, Bank Gardens, Kolkata, West Bengal. India.
- No Circumvention. It is a violation of the Terms to (a) intentionally avoid the payment of fees by arranging Classes with Educator/Edu-preneurs outside of the context of the KinderGarden Properties or (b) for a Educator/Edu-preneur to knowingly delegate the performance of leading the Class or hosting of an Event to another Educator/Edu-preneur without prior written consent of KinderGarden.
- Payment Accounts. Each Enrollee and Educator/Edu-preneur understands and agrees that:
The transmission of funds in the manner described herein is not a separate and discrete service that KinderGarden provides in addition to the Services. Rather, the transmission of funds in an auditable manner is an integral part of the Services that KinderGarden provides.
Each Enrollee’s payment account is a custodial account administered by KinderGarden to facilitate disbursement of each Enrollee’s payment to each Educator/Edu-preneur.
KinderGarden acts as agent of each Enrollee and Educator/Edu-preneur and not as a trustee or fiduciary with respect to payments received through KinderGarden.
KinderGarden holds funds delivered to it in a commingled account at a bank (each, a “Pooled Account”), and may include in the titling of a Pooled Account “KinderGarden, for the benefit of others” or similar words. KinderGarden maintains records at KinderGarden that should, in the event of a bank failure, allow the FDIC to determine which funds are payable to which Educator/Edu-preneur.
KinderGarden will not voluntarily make your funds available to its creditors in the event of bankruptcy.
You agree that KinderGarden has sole discretion over the establishment and maintenance of any Pooled Account. You agree that you will not receive interest or other earnings on the funds that KinderGarden handles as your agent and places in a Pooled Account. In consideration for your use of KinderGarden Properties, you irrevocably transfer and assign to KinderGarden any ownership right that you may have in any interest that may accrue on funds held in a Pooled Account. This assignment applies only to interest earned on your funds, and nothing in this Agreement grants KinderGarden any ownership right to the principal of the funds you maintain with KinderGarden. In addition to or instead of earning interest on Pooled Accounts, KinderGarden may receive a reduction in fees or expenses charged for banking services by the banks that hold your funds.
1 Responsibility for Content.
Types of Content. You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, and/or other materials accessible through the Company Properties (“Content”), including KinderGarden Properties, is the sole responsibility of the party from whom such Content originated. This means that you, and not KinderGarden, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through KinderGarden Properties (“Your Content”), and that you and other Users of KinderGarden Properties, and not KinderGarden, are similarly responsible for all Content they Make Available through KinderGarden Properties (“User Content”).
No Obligation to Pre-Screen Content. You acknowledge that KinderGarden has no obligation to pre-screen Content (including, but not limited to, User Content), although KinderGarden reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content. In the event that KinderGarden pre-screens, refuses or removes any Content, you acknowledge that KinderGarden will do so for KinderGarden’s benefit, not yours. Without limiting the foregoing, KinderGarden will have the right to remove any Content that violates the Terms or is otherwise objectionable.
KinderGarden Properties. Except with respect to Your Content and User Content, you agree that KinderGarden and its suppliers own all rights, title and interest in KinderGarden Properties. You hereby agree and acknowledge that any modifications or updates to the KinderGarden Properties shall be the sole and exclusive property of KinderGarden. You hereby assign to KinderGarden all rights, title, and interest to any modification or updates to the KinderGarden Properties.
Trademarks. KinderGarden’s stylized name and other related graphics, logos, service marks and trade names used on or in connection with KinderGarden Properties are the trademarks of KinderGarden and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in KinderGarden Properties are the property of their respective owners.
Other Content. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in KinderGarden Properties.
Your Content. KinderGarden does not claim ownership of Your Content. However, when you as a User post or publish Your Content on or in KinderGarden Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
License to Your Content. Subject to any applicable account settings that you select, you grant KinderGarden a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing KinderGarden Properties. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of KinderGarden Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not KinderGarden, are responsible for all of Your Content that you Make Available on or in KinderGarden Properties.
Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any comments or any other area on or in KinderGarden Properties, you hereby expressly permit KinderGarden to identify you by your username as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you will have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of KinderGarden.
Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to KinderGarden (“Feedback”) is at your own risk and that KinderGarden has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to KinderGarden a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of KinderGarden Properties.
1 Publicity. You hereby grant to KinderGarden and its licensees, designees and assignees the absolute and irrevocable right and permission, without any requirement to obtain further consent from you and/or your Children, to audio tape, film, videotape, photograph or otherwise record the name, likeness and voice of you and your Children in connection with your and your Children’s participation in any Classes or Events, and to edit, use, broadcast, telecast, stream, download, display, distribute, post, and/or publish any of the results and proceeds thereof (the “Publicity Materials”) for any purpose and in any manner whatsoever in any and all media or technology, whether now known or hereafter devised (including, without limitation, on the internet, via social media, and via any other digital, analog or other distribution media or mechanism), worldwide in perpetuity. You hereby irrevocably authorize KinderGarden to use and license others to use the Publicity Materials for any promotion, merchandising, publicity, advertising or any other lawful purpose without limitation and without any compensation to you or your Children. You and your Children hereby release, hold harmless, and forever discharge the KinderGarden Parties from any and all claims, actions, causes of action, demands, rights, damages, costs, and expenses arising out of, related to, or in any way connected with the exercise by KinderGarden of the rights granted herein, including any and all claims for invasion of privacy, infringement of your rights of privacy and/or publicity, infringement of you and/or your Children’s intellectual property rights, defamation, or portrayal in a false light.
2 User Conduct. As a condition of use, you agree not to use KinderGarden Properties for any purpose that is prohibited by the Terms or by applicable law. You will not (and will not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through KinderGarden Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without KinderGarden’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of KinderGarden; (vi) interferes with or attempts to interfere with the proper functioning of KinderGarden Properties or uses KinderGarden Properties in any way not expressly permitted by the Terms; or (vii) to attempt or engage in, any potentially harmful acts that are directed against KinderGarden Properties, including but not limited to violating or attempting to violate any security features of KinderGarden Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in KinderGarden Properties, introducing viruses, worms, or similar harmful code into KinderGarden Properties, or interfering or attempting to interfere with use of KinderGarden Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” KinderGarden Properties.
3 Investigations. KinderGarden may, but is not obligated to, monitor or review KinderGarden Properties, Services, or Content at any time, including any Classes or Events. Without limiting the foregoing, KinderGarden will have the right, in its sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although KinderGarden does not generally monitor user activity occurring in connection with KinderGarden Properties and Services, if KinderGarden becomes aware of any possible violations by you of any provision of the Terms, KinderGarden reserves the right to investigate such violations, and KinderGarden may, at its sole discretion, immediately terminate your license to use KinderGarden Properties and Services, lead Classes, host Events, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
4 Third-Party Services. KinderGarden Properties may contain links to third-party websites (“Third-Party Websites”). When you click on a link to a third-party website, we will not warn you that you have left KinderGarden Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites are not under the control of KinderGarden. KinderGarden is not responsible for any Third-Party Websites. KinderGarden provides these Third-Party Websites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or their products or services. You use all links in Third-Party Websites at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
5 Indemnification. You agree to indemnify and hold KinderGarden, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “KinderGarden Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, KinderGarden Properties or Services; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; (e) any act or failure to act by you and/or your Children, as applicable, (e) any matter arising out of or related to you or your Children’s attendance or participation at a class, event, or activity, including any claims by any venues against KinderGarden Parties, or (f) your or your Children’s violation of any applicable laws, rules or regulations, as applicable. KinderGarden reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with KinderGarden in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to KinderGarden Properties.
6 Disclaimer of Warranties.
As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF KinderGarden PROPERTIES OR SERVICES, YOUR AND YOUR CHILDREN’S ATTENDANCE OR PARTICIPATION IN ANY CLASSES, EVENTS, OR ACTIVITIES ARE AT YOUR SOLE RISK, AND KinderGarden PROPERTIES AND SERVICES AND ALL ACTIVITIES, MATERIALS, FOOD, AND BEVERAGES PROVIDED, IF ANY, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KinderGarden PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT THE KinderGarden PARTIES ARE NOT RESPONSIBLE FOR AND WILL NOT HAVE ANY LIABILITY, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, AS A RESULT OF OR ALLEGED TO BE THE RESULT OF (I) ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE WEBSITE OR OTHERWISE PROVIDED IN CONNECTION WITH THE SERVICES; (II) THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH THE KinderGarden PROPERTIES; (III) THE TIMELINESS, DELETION OR REMOVAL, INCORRECT DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS; OR (IV) THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. KinderGarden HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES VOLUNTARILY PROVIDED TO ANY USER OR THEIR CHILDREN BY ANY Educator/Edu-preneur OR OTHER USER ARISING OUT OF THE KinderGarden SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM KinderGarden OR THROUGH KinderGarden PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT KinderGarden PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD KinderGarden PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES. YOU UNDERSTAND THAT THE COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE COMPANY PROPERTIES.THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE COMPANY PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE COMPANY PROPERTIES.
1 Limitation of Liability.
Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL KinderGarden PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH KinderGarden PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT KinderGarden HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF KinderGarden PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE KinderGarden PROPERTIES OR SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED THROUGH KinderGarden PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY USER OR THIRD-PARTY; OR (5) ANY OTHER MATTER RELATED TO KinderGarden PROPERTIES OR SERVICES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
Cap on Liability. UNDER NO CIRCUMSTANCES WILL KinderGarden PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED BY KinderGarden AS A RESULT OF YOUR USE OF KinderGarden PROPERTIES. IF YOU HAVE NOT PAID KinderGarden ANY AMOUNTS, KinderGarden’S SOLE AND EXCLUSIVE LIABILITY WILL BE LIMITED Rs. 2000 (Rs two thousands only).
Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN KinderGarden AND YOU.
1 Procedure for Making Claims of Copyright Infringement. It is KinderGarden’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to KinderGarden by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on KinderGarden Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on KinderGarden Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for KinderGarden’s Copyright Agent for notice of claims of copyright infringement is as follows: Bhavishya Learning India Private Limited, 30, Roy Nagar, 57, Bank Gardens, Kolkata, West bengal, India .
2 Term and Termination.
Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use KinderGarden Properties, unless terminated earlier in accordance with the Terms. Notwithstanding the foregoing, if you used KinderGarden Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used KinderGarden Properties (whichever is earlier) and will remain in full force and effect while you use KinderGarden Properties, unless earlier terminated in accordance with the Terms.
Termination of Services by KinderGarden. If you have materially breached any provision of the Terms, if KinderGarden is required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), or if KinderGarden decides, in its sole discretion, to discontinue the Services or all or part of the KinderGarden Properties, KinderGarden has the right to, immediately and without notice, suspend or terminate any Services provided to you.
If KinderGarden becomes aware of any possible violations by you of the Terms, KinderGarden reserves the right to investigate such violations. In the event that KinderGarden determines, in its sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for KinderGarden Properties, KinderGarden reserves the right to (i) warn you via e-mail (to any e-mail address you have provided to KinderGarden) that you have violated the Terms; (ii) delete any of Your Content provided by you or your agent(s) to KinderGarden Properties; (iii) discontinue your registration(s) with any of KinderGarden Properties, including the Services, Classes, and Events; (iv) notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (v) pursue any other action which KinderGarden deems to be appropriate. If, as a result of the investigation, KinderGarden believes that criminal activity has occurred, KinderGarden reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. KinderGarden is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in KinderGarden Properties, including Your Content, in KinderGarden’s possession in connection with your use of KinderGarden Properties, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms; (iii) respond to any claims that Your Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of KinderGarden, its Users or the public, and all enforcement or other government officials, as KinderGarden in its sole discretion believes to be necessary or appropriate.
If your Account is terminated by KinderGarden due to your violation of any portion of the Terms or for conduct otherwise inappropriate for the community, then you agree that you will not attempt to re-register with or access KinderGarden Properties through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, KinderGarden reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.
You agree that all terminations for cause will be made in KinderGarden’s sole discretion and that KinderGarden will not be liable to you or any third-party for any termination of your Account.
Termination of Services by You. If you want to terminate the Services provided by KinderGarden, you may do so by (a) notifying KinderGarden at any time and (b) closing your Account for all of the Services that you use. Your notice should be sent, in writing, to KinderGarden’s address set forth above.
Effect of Termination. Termination of any Service may include removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases. KinderGarden will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, will survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
1 Modifications to these Terms. When changes are made, KinderGarden will make a new copy of the Terms available at the Website. We will also update the “Last Updated” date at the top of the Terms. If we make any material changes, and you have registered with us to create an Account to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the Website and/or Services and will be effective thirty (30) days after posting of notice of such changes on the Website for existing Users, provided that any material changes will be effective for Users who have an Account with us upon the earlier of thirty (30) days after posting of notice of such changes on the Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users. KinderGarden may require you to provide consent to the updated Terms in a specified manner before further use of the Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you will stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
2 International Users. The Website can be accessed from countries around the world and may contain references to KinderGarden Properties and Content that are not available in your country. These references do not imply that KinderGarden intends to announce such KinderGarden Properties or Content in your country. KinderGarden Properties are controlled and offered by KinderGarden from its facilities in the India. KinderGarden makes no representations that KinderGarden Properties are appropriate or available for use in other locations. Those who access or use KinderGarden Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
3 General Provisions.
Electronic Communications. The communications between you and KinderGarden use electronic means, whether you visit KinderGarden Properties or send KinderGarden e-mails, or whether KinderGarden posts notices on KinderGarden Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from KinderGarden in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that KinderGarden provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Release. You agree to bear all risk and hereby release the KinderGarden Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage or loss, that is either directly or indirectly related to or arises from any Classes, Events, Activities, or interactions with or conduct of other Users or other third-parties. You agree that the safety and wellbeing of you and/or your Children and the loss, theft, or destruction of you and/or your Children’s belongings are your sole responsibility. You agree that you understand that there may be inherent dangers in the Activities, Classes, and Events provided through the KinderGarden Properties. YOU HEREBY ACKNOWLEDGE THAT YOU AND/OR YOUR CHILDREN MAY BE SUBJECT TO CERTAIN RISKS BY PARTICIPATING IN ACTIVITIES, EVENTS, OR CLASSES AND YOU AGREE (ON BEHALF OF YOURSELF AS WELL AS ON BEHALF OF YOUR CHILDREN, IF APPLICABLE) TO ASSUME ALL SUCH RISKS AND LIABILITIES ARISING THEREFROM. KinderGarden reserves the right, but has no obligation, to intercede in any disputes between Users.
Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without KinderGarden’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Force Majeure. KinderGarden will not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
Limitations Period. YOU AND KinderGarden AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE TERMS, KinderGarden PROPERTIES OR THE CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by KinderGarden that cannot be resolved informally or in small claims court will be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings will be held in English. This Arbitration Agreement applies to you and KinderGarden, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to KinderGarden should be sent to: Bhavishya Learning India Private limited, Six Mile, Guwahati, Assam. After the Notice is received, you and KinderGarden may attempt to resolve the claim or dispute informally. If you and KinderGarden do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that KinderGarden made to you prior to the initiation of arbitration, KinderGarden will pay you the greater of the award or Rs. 100,000. Each party will bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and will pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration will be conducted by telephone, online and/or based solely on written submissions; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and KinderGarden, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, and the Terms. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and KinderGarden.
Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and KinderGarden in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND KinderGarden WAIVE ALL RIGHTS
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, will be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph will not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Agreement will continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with KinderGarden.
Small Claims Court. Notwithstanding the foregoing, either you or KinderGarden may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures will not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets will not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within West Bengal, for such purpose.
Governing Law. The Terms and any action related thereto will be governed and interpreted by and under the Indian Laws, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Notice. Where KinderGarden requires that you provide an e-mail address, you are responsible for providing KinderGarden with your most current e-mail address. In the event that the last e-mail address you provided to KinderGarden is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, KinderGarden’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to KinderGarden at the following address: Bhavishya Learning India Private Limited. Such notice will be deemed given when received by KinderGarden by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
Waiver. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
Severability. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Construction. The term “including” as used in the Terms means “including but not limited to.”
Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
End of Terms