(a) Section 43A of the Information Technology Act, 2000;
(b) Rule 4 of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011;
(c) Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011;
(d) Indian Contract Act, 1872;
(a) “Applicable Laws” shall mean any statute, law, regulation, ordinance, rule, judgment, notification, order, decree, or any other form of rule having the force of law, by the Government of India or any Indian judicial authority having jurisdiction over the matter in questions, whether in effect as on the Effective Date or thereafter;
(b) “User” shall be used synonymously with “Customer”, “Student” or “Parent”, “You”, and shall include, unless otherwise impliedly or expressly provided for:
(i) Any person who is accessing, browsing, or using the Unlearn Kids platform; and/or
(ii) Any person using Unlearn Kids through a registered account, by providing a registered email address to access and use such account.
(iii) Any person who accesses or uses an account on Unlearn Kids, using a registered email address or mobile number, which hosts multiple different User Profiles in the case of one parent registering multiple children.
(c) “Student” shall mean any minor child enrolled with the Unlearn Kids Portal (child/Student);
(d) “Parent” shall mean any adult who has attained the age of majority, i.e., 18 years, and who is authorized by law to register or sign-up their children or any Student for the services provided by Unlearn Kids, and shall include, without limitation, a legal guardian.
(e) “Teacher” shall mean any adult who has attained the age of majority, i.e., 18 years, and who is involved in teaching or instructing the child/Student in an official capacity, especially in a school, and shall include, without limitation, a tutor or a tuition teacher.
(f) “Services” shall mean, including without limitation, any service or products available through our Website or our mobile application (“App”), and any new features added to them.
2. ABOUT UNLEARN KIDS
2.1 “Unlearn Kids” is an internet-based and mobile-based platform designed, owned, operated and managed by Hamsah Technologies Pvt. Ltd., a Company incorporated under the Companies Act, 2013, having its registered office at G-16/22, DLF Phase-1, Gurgaon, Haryana – 122002, India (“HT”)
2.2 You agree, understand and acknowledge that Unlearn Kids is an online platform, which is intended for usage by Student between the ages of 4 to 11, from classes 1 to 5.
2.3 The intended objectives and goals of the Unlearn Kids platform are:
a) to identify and fill gaps in the conceptual understanding of Students, and to build stronger foundations in the subject of mathematics, through the use of Nanoskills;
b) to provide a customized, personalized learning path to each Student on the basis of their needs.
c) to measure the learning outcomes in an objective manner and to put in place an effective communication channel involving all stakeholders, thus ensuring consistency in a Student’s daily progress.
d) to create a support system for teachers, parents, and tutors in order to develop a personalized learning path to each Student.
2.4 You understand and agree that the content and information accessible on Unlearn Kids do not constitute medical advice, diagnosis, treatment or medical recommendations of any sort. Therefore, you further declare that any reliance on the information/content accessible on Unlearn Kids is solely at Your own risk. You further understand and agree that the services provided through the Unlearn Kids platform do not constitute a substitute for the regular school curriculum or syllabus of a child/Student, nor are they substitutes for Teachers or tutors that the Student/child otherwise requires.
3. YOUR CONSENT AND ELIGIBILITY TO USE UNLEARN KIDS
3.1 You understand and agree that by opening, visiting, viewing, accessing or in any other manner using Unlearn Kids, or any of the Services available on Unlearn Kids, You are deemed to have agreed to and be bound by, all the terms and conditions contained in this document. You are required to carefully read this document, and if You do not accept these terms and conditions, You must discontinue your use of the services available on Unlearn Kids and leave this platform immediately.
3.3 Unlearn Kids and HT authorize You to view, access and use the content/services available on Unlearn Kids only in accordance with this Statement. Unlearn Kids and HT reserve the right to decline access to the use of Services offered on Unlearn Kids to new Users or to terminate access granted to existing Users at any time at their sole discretion without according any reasons for doing so.
3.4 You shall be authorized to use the platform Unlearn Kids only once you have registered yourself as a User and opened an Account with Unlearn Kids. You shall register yourself and open an Account on Unlearn Kids by providing the requisite information sought at the time of opening Your Account. Upon registration by a User, You will be required to choose a unique username and password that shall apply only to You, or other Users registered under that Account.
3.5 You undertake not to have more than one active Account on the website. You further undertake not to use Unlearn Kids or any services provided by/on Unlearn Kids or HT, through the Account of any User other than your own. You agree that You shall not sell, trade or otherwise transfer your Account to any other person/party.
3.6 You also undertake to keep your username and password confidential and not disclose it to any other person/party. You further agree that only You and others Users registered on your Account, shall be solely responsible for any and all activity(s) that take place from such account. HT and Unlearn Kids shall not be responsible for the User Activity which takes place through your Account. You further undertake to immediately inform Unlearn Kids and HT if you believe that any person unregistered or unauthorized to your Account has obtained access to it, or that your Account is being used without Your express authorization.
3.7 You certify and declare that all the Account Information provided by you is entirely true, accurate, complete, and in pursuance of this obligation, you undertake to update and correct Your Account Information promptly, in the event of any change in the same. If Unlearn Kids or HT discover or have reason to believe that any Information provided by You on your User Account is inaccurate in any way whatsoever, they shall have the right and sole discretion to disable, suspend or terminate your Account, and deny You any and all present or future use of Unlearn Kids.
3.8 In the event of termination, suspension or disablement, whether temporary or permanent, of Your Account, You shall not be permitted to continue using Unlearn Kids under the same account, a different account or re-register under a new account, without the express, written permission of Unlearn Kids or HT.
3.9 You understand and agree that when You use Unlearn Kids, or send emails or other data, information or communication to us, You are communicating with Us through electronic records and You consent to receiving communications via electronic means from Us, periodically and/or, as and when required. We may communicate with you by email, SMS, or by any other mode of communication, electronic or otherwise.
4. INTELLECTUAL PROPERTY / UNLEARN KIDS CONTENT
4.1 The content hosted and available on Unlearn Kids, including without limitation, all text, software code, images, design, copy, audio, video, formats, lay-out, arrangement of icons, displays, placement of menus, photographs, illustrations, graphical user interface, other visuals (“Unlearn Kids Content”), is strictly for informational purposes and the ease of navigation by Users. All Unlearn Kids Content is the sole and exclusive property of HT and is protected under copyright, trademark, other intellectual property laws and all other Applicable Laws of India.
4.2 You undertake not to modify any Unlearn Kids Content or reproduce, display, publicly perform, distribute or otherwise use in any manner whatsoever, for public, private, commercial or personal purposes or gain, without the express written consent of Unlearn Kids or HT.
5. REPRESENTATIONS AND WARRANTIES
5.1 All the materials, products, and services made available to You through Unlearn Kids are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the foregoing paragraph, HT does not warrant that: (a) This Website will be constantly available, or available at all; or (b) The information on this Website is complete, true, accurate or non-misleading.
5.2 By signing up your child/Student, you represent and warrant that you are a Parent or Teacher who is legally authorized to register his or her child/Student for the Unlearn Kids’s services. As the Parent or Teacher providing consent to your child/Student’s use of the services, you agree to be bound by this Agreement in respect of such child/Student’s use of the services and are solely responsible for your child/Student’s use of the services. You represent and warrant that you have the authority to agree to these Terms on your child/Student’s behalf. You also represent and warrant that you are legally permitted to use and access the services and take full responsibility for the selection and use of and access to the services.
5.3 Unlearn Kids does not make any representations or warranties concerning any content contained in or accessed through the services it provides, and We will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material, or merchantability, or fitness for any purpose, or non-infringement contained in or accessed through the services we provide. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the services.
5.4 You represent and warrant that you are fully responsible for the safety of the child/Student while he/she is outside the home/residence. Therefore, during such time that the child/Student is travelling from any place to the NLC, or is travelling from the NLC to any place, or is physically present at the NLC, You/the parents or guardians of the child/Student shall be solely responsible for his/her safety, security and well-being. It is clarified that HT shall not be responsible or liable for any aspect of the child/Student’s safety and security.
6. PAYMENT AND TAXES
6.1 HT does not charge any payment or fees for registration of Users on Unlearn Kids, or for any of the basic services provided by us. However, certain features of the services, including premium services (such as _________) may be provided by Unlearn Kids for the payment of a fee or other charge. Such fee applicable shall be duly notified on our website or App from time to time. In the event that You choose to use paid features of the services, you agree to the pricing and payment terms for such paid features that We will provide to you and that we may update from time to time. Unlearn Kids reserves the right to add new services for additional fees or amend fees for existing features at any time in its sole discretion. Any change to our pricing or payment terms will become effective in the billing cycle following notice of such change and we will notify You of such change if it affects any services You are then-using. If You do not wish to pay new or modified fees, your sole remedy will be to stop using the services.
6.2 All services provided by HT for the first 30 days after signing-up on the platform shall be freely available without any charge. Upon the expiry of the 30-day period, You/Users shall be able to log-in and avail of HT’s services only after making the stipulated payment.
6.3 Users/Parents who wish to avail of HT’s paid services may choose one of the following payment plans:
(a) INR 1200/- plus taxes per month, if payments are made on a month to month basis;
(b) INR 1000/- plus taxes per month, if payments are made on a half-yearly basis;
(c) INR 800/- plus taxes per month, if payments are made on an yearly basis.
6.4 The fees paid by Users/Parents shall be valid throughout the duration for which such payment has been made. However, if the Student wishes to avail of the NLM or NLC’s services/extra classes on a holiday, they shall be required to compensate the NLM separately for this, on the basis of ______.
6.5 Each User/Parent who registers on the Unlearn Kids platform shall also be assigned a NLC who shall be their “Relationship Manager”. This person shall assist the User/Parent by explaining the system, answering their questions, clarifying doubts and so on.
6.6 You/Each User shall be solely responsible for the payment of all taxes, legal compliances, statutory registrations and reporting on the services purchased by You. HT or Unlearn Kids shall be in no way responsible for any of the taxes or fees that may be required to be paid.
7. RETURNS AND REFUNDS
7.1 If You/Parents wish to discontinue the subscription with Unlearn Kids, you shall be required to give one month’s notice to HT/Unlearn Kids by notifying them at (provide a mode of notification). Within seven days of giving HT such notice, the refund shall be credited to the same account from which the payment was originally made.
7.2 In situations where You/Parents have applied for a refund, the applicable fees for previous months shall be adjusted on the basis of different slabs and the number of months for which the Unlearn Kids platform had been used. In cases where any refund is applied for and provided by HT, transaction charges shall be applicable and shall be deducted from the amount to be refunded.
8. CHANGE OF NLC
8.1 If a Student/Parent wishes to change the NLC assigned to him/her, HT shall first inquire from the parents as to the reason for change request. If the Parent/User is not satisfied with the NLC, no payment shall be made to that NLC.
8.2 HT shall make all reasonable efforts to replace the assigned NLC and provide the Student with a new one. In the event that another NLC is available and that NLC is assigned to the Student, the prior payment made by the User/Parent shall be delivered to the new NLC.
8.3 If a Student/Parent is satisfied with the NLC, but wishes to change it for any personal reason, the payment made for that month shall be delivered to the NLC concerned.
8.4 HT shall make all reasonable efforts to replace the assigned NLC and provide the Student with a new one. In the event that another NLC is available and that NLC is assigned to the Student, the payment from the subsequent month onwards shall be delivered to the new NLC.
8.5 However, in such a situation, if no new NLC is available, then a Relationship Manager shall be assigned to the Student/User. In the event that HT is unable to replace the original NLC with a new NLC, or a new Relationship Manager, if the Parent wishes to withdraw the Student from the Unlearn Kids platform, HT shall refund the payment originally made by the Parent.
9. RESTRICTIONS AND COVENANTS
9.1 As required under Regulation 3(2) of the Intermediary Guidelines, HT hereby informs You/Users that You/the User is not permitted to host, display, upload, modify, publish, transmit, update or share any information that:
(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) is prohibited under applicable law for the time being in force including Drugs and Cosmetics Act, 1940, the Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954, the Indian Penal Code, 1860 as amended from time to time and rules made there under;
(j) 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.
10.1 You/the User agree(s) to indemnify and hold harmless HT, its affiliates, officers, directors, employees and representatives from any and all third party claims, losses, liability, damages and/or costs arising from their access to or use of Unlearn Kids, violation of this Agreement, or infringement by them, of any intellectual property or other right of any person or entity. HT shall notify You/the User promptly of any such claim, loss, liability, or demand, and in addition to Your/the User’s obligations contained herein, You/the User agree to provide HT with reasonable assistance, at Your expense, in defending any such claim, loss, liability, damage or cost.
11. TERM & TERMINATION
11.1 This Agreement shall remain in force and effect while You are a User of Unlearn Kids in any manner. You may terminate your registration with Unlearn Kids at any time by providing prior written notice to [email protected]_____.com
11.2 This agreement and any contractual obligation between HT and You shall be governed by the laws of India, subject to the exclusive jurisdiction of Courts in New Delhi.
11.3 Certain obligations contained in this Agreement, including without limitation, under Representations and Warranties, Covenants, Liability, Indemnity, and Intellectual Property, shall survive termination of this Agreement and continue to be enforceable.
12.1 If any provision under this Agreement is held to be void, invalid or unenforceable, such provision shall be severed from the Agreement, and shall not affect the enforceability or validity of the remaining provisions.
13. DISCLAIMERS & LIMITATION OF LIABILITY
13.1 You agree and acknowledge that Unlearn Kids and HT do not make any representations or warranties regarding the quality, performance, safety, fitness, scientific acumen, legality or price of any of the products or services You may access through Unlearn Kids.
13.2 Unlearn Kids makes no warranty or representation that: (a) the service will meet your requirements; (b) the service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the service will be accurate or reliable; (d) the quality of any products, services, information or other material purchased or obtained by You through Unlearn Kids will meet your expectations.
13.3 You expressly understand, represent and warrant that Unlearn Kids or HT shall not be responsible or liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including but not limited to, damages for loss of goodwill, use, data or other intangible losses (even if Unlearn Kids or HT have been advised of the possibility of such damages), whether based on contract, tort, negligence, strict liability or otherwise, resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained; (iii) any other matters relating to the service. In no event shall Unlearn Kids’s total liability for any losses, damages, or causes of action with respect to the services exceed the amount you have paid for Unlearn Kids or HT in the last __ months, or, if greater, INR _______.
14. MODIFICATION TO THESE TERMS AND CONDITIONS
15.1 The failure or delay on the part of HT, to use any of its rights or remedies shall not constitute a waiver of such rights or remedies. HT shall be entitled to use all its rights and remedies, as and when a breach of these conditions takes place.
16. GRIEVANCE OFFICER
In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
[Name, Mailing address, Email address, Phone number of appointed Grievance Officer].