Terms of Use
Bluetickmark communications LLP(“we”, “our”, “us”)operates and manages the website www.kidyaan.com (“Website”). Our aim is to provide an audio platform to all our users (“you” or “your”), by connecting with each one of you through our Website and provide access to the contents made available on our Website directed towards children for the purpose of, including but not limited to, reducing children’s screen time exposure on electronic devices by providing an alternative learning environment through our exclusive audio platform (“Services”).
These terms govern your use of the Website and Services (“Terms of Use”)andare published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access or usage of the Website.
1. Agreement:
1.1. Please read these Terms of Use carefully and contact us if you have any questions. By visiting our Website and/or availing any of our Services, it is deemed that you have read and understood the Terms of Use and you are agreeing with the Terms of Use, as well as the Privacy Policy, which is hereby incorporated into these Terms of Use.IF YOU DO NOT AGREE WITH ANY OR ALL OF THE FOLLOWING TERMS, PLEASE DO NOT ACCESS AND/OR USE OUR WEBSITE OR OUR SERVICES.
2. Eligibility:
2.1. This Website is intended for usersof all age.The lawful guardian of individuals belowthe age of 18 (eighteen) years and/or of individuals with unsound mind may use the Website or avail Services on behalf of such individuals. By visiting our Website and/or by availing our Services on behalf of an individual such as your child below the age 18 (eighteen) years or any person not capable of providing consent, or an employer, it is deemed that you are the lawful guardian of the child or are authorised by such individual or entity, as the case may be, to accept the Terms of Use on behalf of such individual or entity.
3. Scope of Service:
3.1. Subject to your strict compliance with these Terms of Use we grant you a limited, nonexclusive, revocable, non-assignable and non-transferable license (“License”) to access, display, view, use and playthe content made available on our Website on a personal computer, mobile phone or other wireless device, or other internet-enabled device (each, an Internet Device) for your personal, non-commercial use only.
3.2. You agree to use the Website, the contents provided therein and avail Services only for the purposes that are permitted by the Terms of Use, and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
3.3. We reserve the right to either accept or refuse to provide our users all/any of the Services. We may cancel any or all part of Services for any reason whatsoever without any intimationto you of such cancellation any time prior to, or during rendering such Services. It is solely our discretion to provide you with Services without any liability to you.
3.4. We reserve the right to add, delete, modify, change, suspend, discontinue and/or revise the method of providing Services through our Website or otherwise, or any features of our Services without any prior notice.
3.5. In the preparation of the Website/Services and contents therein, every effort has been made to offer the clearly expressed information possible. We disclaim any responsibility for any inadvertent errors and accuracy of the information that may be contained in the Website. We welcome any feedback from youto make the Website and contents thereof error free, user friendly and interactive for the target. We reserve our right to make any amend, modify, add or deleteany or all content made available on the Website at any time without notice. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, completeness, non-obsolescence or suitability of the information and materials found or offered on Website or Services for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. We assume no responsibility for any information compiled from third party sources or for any unavailability or continuity of any information on the Website. We reserve our right to include links to other websites on the Website. We have no responsibility for the content of the linked website(s).
4. Refusal to provide access to Website and/or Services:
4.1. We reserve the right to refuse the access to the Website and/or refuse to provide you with our Services, if:
(a) You misrepresent that you are the lawful guardian of a child below the age of 18 years and or you are authorised on behalf of any person not capable of providing consent or an employer to avail our Services and/or access our Website;
(b) You fail and/or refuse to make payments with respect to our Services, if any, as mentioned on the Website from time to time that you have availed;
(c) You indulge in any activity prescribed under Clause 5.2 of the Terms of Use.
5. Use of Website:
5.1. You hereby agree and acknowledge that you will use the Website for lawful and genuine purposes. You will not use the Website to harass other users or take any actions that will affect the availability or functionality of our Website or Services. You shall also not attempt to modify the features of the Website or any of its content. Any unauthorized attempts to modify or actual modification of any information stored on the Website shall result in appropriate legal action against you.
5.2. You agree, undertake and confirm that your use of Website shall be strictly governed by the following binding principles:
In terms of Rule 3(2) of the Information Technology (Intermediaries Guidelines) Rules, 2011, you shall not host, display, upload, modify, publish, transmit, update or share any information which:
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonate another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
6. Privacy Policy:
6.1. We shall not collect, store, use, disclose and/or transfer any information including Personal Information and Sensitive Personal Information (as defined in the Privacy Policy) identifiable to you without your consent. To read and understand how we collect, store, use, disclose and/or transfer, please refer to our Privacy Policy.
6.2. Please note that except as stated above, we will not share your identifiable information with any other person without your consent. However, we reserve the right to share anonymised data for the purposes we deem fit.
6.3. It isparamount and imperative that you provide accurate, truthful, correct, and authentic information during access to the Website and provision of Services. By submitting any information on our Website and/or by availing our Services, you represent and warrant to us that all the information provided to us, both during the registration process or anytime thereafter, is true, correct, accurate and authentic.
6.4. We shall not be responsible in any manner for the authenticity of information (including Personal Information or Sensitive Personal Information) shared byyou to us or to any of our authorised personnel.
6.5. It is your responsibility to keep your email address and mobile phone number up-to-date with us so that we can communicate with you to provide Services. By providing your information and registering with, you agree to receive communications from us via e-mail, telephone, mobile short message service (SMS) and messaging apps (including but not limited to WhatsApp). If you, at any time, wish to discontinue receiving communications from us, you agree to notify us by e-mail.
7. Payment for usage of Services:
7.1. You understand that access and usage of features of our Website is free of cost. However, in the event, we make access of any or all part of the Services subject to payment of relevant charges as mentioned on the Website, you shall be required to pay for such Services.
7.2. While opting any of the payment method made available on our Website, we will not be responsible or assume any liability whatsoever in respect of any loss or damage arising directly or indirectly to you due to:
(a) Lack of authorization for any transaction; or
(b) Exceeding the pre-set limit mutually agreed by you and between your bank; or
(c) Any payment issues arising out of the transaction; or
(d) Decline of transaction for any other reasons.
8. Additional Services and Terms
8.1. We will update you of any additional terms and conditions in relation to any or all part of the Services, as and when required, from time to time.
9. Disclaimer of Warranties and Limitation of Liability
9.1. All information and Services included on or otherwise made available to you through this Website are provided by us on an “as is” basis, either expressed or implied, we specifically disclaim warranties of any kind to the extent allowed by the applicable law. You expressly agree that your use of this Website and/or our Services is at your sole risk.
9.2. We assume no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing this Website.
9.3. We do not guarantee the adequacy or completeness of the Website content. We do not warrant or endorse the effectiveness, quality or safety of the Services available on our Website.
9.4. We may let you view our information and communicate with us through social media services including but not limited to Facebook, WhatsAppand YouTube. We explicitly disclaim any responsibility for the terms of use and privacy policies that govern these third-party websites, which are in no way associated with us.
9.5. We disclaim responsibility for any harm to any persons resulting from any instructions and/or Services rendered through the Website or otherwise.
9.6. We shall not be responsible or liable in any manner to for any losses, damages, injuries or expenses incurred by you as a result of any disclosures made by us, where you have consented to the making of such disclosures by us. You shall not hold us responsible or liable in any way for any disclosures by us inasmuch as it is in compliance with applicable laws.
10. Use of information on the Website/ social media platforms:
10.1. We do not endorse any views, opinions and/or suggestions that may be uploaded on the Website transmitted via e-mail, phone, social media platforms (including but not limited to Facebook or YouTube), mobile messages (including but not limited to short message service and WhatsApp), or other information provided through our Services. Your submission of questions, reviews or testimonials about our Services does not in any manner constitute a professional relationship between us.
11. Amendment or modification of Terms ofUse:
11.1. We reserve the right to amend or modify any of the Terms of Use at any time as we deem fit. All changes to this Terms of Use will be effective immediately upon being posted on our Website. However, in order to prevent any confusion an effective date will be provided. In case of any material changes to this Terms of Use, we will post the changes on our Website and intimate you of such change vide email, upon our sole discretion. Unless we expressly notify otherwise, these Terms of Use shall incorporate and supersede any other Terms of Use associated with the Services.
11.2. It is suggested that users must on a regular basis review these Terms of Use, our Privacy Policy, and any other polices that may be posted on this Website, each of which are and will be accessible through our Website.
12. Termination
12.1. This agreement shall come into effect when youvisit our Website and/or avail any of our Services, and shall remain valid until your usageof the Website and/or receipt of any of our Services, or until termination of (a) Services, (b) access to the Website, or (c) Terms of Use inaccordance with clause 12.2 hereunder, by us.
12.2. We reserve the right to terminate this agreement without any reason, if:
(a) The user breaches any provisions of this Terms of Use;
(b) If the user of our Service has failed to provide us accurate information.
12.3. Pursuant to the termination, user’s right to access the Website and/or avail Services would immediately cease to exist.
13. Intellectual property rights
13.1. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Website, Services and products areour exclusive property.Certain contents on the Website may belong to third parties. Such contents will remain with such third party. Further, you recognize and acknowledge that the ownership of all trademarks, copyright, logos, service marks and other intellectual property owned by any third party shall continue to vest with such party and You are not permitted to use the same without the consent of the respective third party.The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
14. Severability
14.1. If whole or any part of any provision of this Terms of Use may prove to be illegal or unenforceable in any jurisdiction and such part or any such part of any provision is ineffective as to that jurisdiction to the extent of the prohibition or unenforceability, it shall not affect the validity or enforceability of the remainder of this agreement or enforceability of that provision in any other jurisdiction.
15. Governing Law and Dispute Resolution
15.1. This Terms of Use and any matter relating to this Terms of Use shall be exclusively governed by and construed in accordance with the laws of India and the courts of New Delhi shall have exclusive jurisdiction.
15.2. In case of any dispute involving but not limited to rights conferred, compensation, refunds, and other claims, then the parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved in the courts of New Delhi.
16. Indemnity
16.1. User agrees to indemnify and hold harmless Bluetickmark communications LLP, its, officers, directors, employees, consultants, licensors, agents, and representatives from any and all claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from his/her/its access to or use of Website and/or Services and in violation of this Terms of Use.
17. Survival
17.1. Even after termination, certain obligations mentioned under Disclaimer of Warranties and Limitation of Liability, Indemnity, Intellectual Property and Dispute Resolution will continue and survive termination.
18. Entire Agreement
18.1. This Terms of Use, together with the Privacy Policy and any other policy posted on theWebsite, represent the complete agreement between you and Bluetickmark communications LLPconcerning the subject matter hereof, and it replaces all prior oral or written communications (if any) concerning such subject matter.
19. Details of Grievance Officer
19.1. If you have any further grievances, queries, claims, complaints, in regard to this Terms of Use, you may contact the below mentioned:
Grievance Officer: Gaurav Dikshit
Email: info.kidyaan@gmail.com
Telephone: 0124 426 1266
19.2. Any grievances, queries, claims, complaints, with regard to this Terms of Use shall be answered or resolved within a period of 30 (thirty) days from the date of such receipt.
This Terms of Use was last modified on 10 September, 2019.
