Overview

KidsBuddy and its affiliated Applications, KidsBuddy Smiley, WEB Sites & (collectively, the “Application”) are owned by INDBYTES TECHNOLOGIES Pvt Ltd (“KidsBuddy”, “KidsBuddy Smiley”, the “Company”, “we”, or “us”). Access to and use of the Application is subject to these terms and conditions of use (“Terms of Use”).

  • “Application ” or “KidsBuddy Smiley” shall include any information or services made available by KidsBuddy Smiley, regardless of the medium, and shall include, without limitation any affiliated websites, mobile applications, videos, products, and applications we make available. We reserve free right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Application, or any part of the Application, with or without notice.
  • The Application is not intended for kids/minors, but it is warranted that the usage of the kids shall be monitored by Parents.
  • We shall not publish any materials or contents which are harmful or misleading to the kids, but as different age groups of minors use the Application, there is chance that the information or content for a particular group may not be suitable for the another.
  • The Tasks completed by the kids shall be uploaded by the Parents and it shall be used for the KidsBuddy Application, KidsBuddy Social Media pages & Digital Medias for Marketing and its content part of the Application.
  • The Task should be completed by the child alone for their cognitive development. Parental monitoring is only required.
  • Parents should not interfere in kid’s selection of the task and should guide in completing the task. But interference of parents and help of the parents in selecting the tasks, may have negative influence on the child assessment and result, for which we will not be liable. Even if your kid could not complete the task properly, that is also fine.
  • The assessment of your child will be done based on the selection or completion of the tasks and based on Howard Gardner’s Theory of Multiple Intelligences . We do not guarantee to bring out every talent hidden in the child by these tasks. This will only give guideline of how your child is performing or a hint of your child’s talents.
  • If you are a school, organisation, company, NGO etc. you need to have our license to avail the benefits of the Application by paying our prescribes subscription fee, which may change from user to user as per the usage and need of the user.

Our Right to Modify These Terms of Use

We reserve the right to change these Terms of Use at any time. You should check this page regularly. The changes will appear on the Application and will be effective when we post the changes. Your continued use of the Application means you agree to and accept the changes.

Our Privacy Policy

Our Privacy Policy contains further information about how data is collected, used, and made available on or by our Application. We encourage you to read it, here.

KidsBuddy Smiley Intellectual Property

Your Limited License to our Intellectual Property

The materials used and displayed on the Application, including but not limited to text, software, photographs, graphics, illustrations and artwork, video, music and sound, and names, logos, trademarks, and service marks, are the property of KidsBuddy Smiley, or its affiliates or licensors and are protected by copyright, trademark, and other laws. Any such content may be used solely for your personal, non-commercial use. You agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material without the written permission of KidsBuddy Smiley. KidsBuddy Smiley grants you a personal, non-exclusive, non-transferable, revocable license to use the Application and any materials on the site for non-commercial purposes subject to these Terms of Use.

KidsBuddy Trademarks and Logos

The terms KidsBuddy , kidsbuddy.in and other KidsBuddy Smiley trademarks and services marks, and associated logos and all related names, logos, product and service names, designs and slogans are trademarks of KidsBuddy or its affiliates or licensors. You may not use such marks without the prior written permission of KidsBuddy Smiley. All other names, logos, product and service names, designs and slogans on the Application are the trademarks of their respective owners.

Reliance on Information on Application

We have no obligation to, and you should not expect us to, review content on our Application, including User Contributions (defined below) or contributions by our independent contributors.

About our Content of the Application

The contents in our Application include.

  1. The Child tasks details and explanations to complete the task
  2. The videos or photos or results of the tasks completed by other contestants.
  3. Vocabulary with words & its details
  4. Quizzes and its assessment
  5. Flash Cards for Child knowledge improvement and its contents
  6. Stories and news with its details
  7. Diary for child
  8. Child Cognitive assessment report based on child tasks completed.
  1. The information or explanations to the members or beneficiaries.

You should use your prudence to identify the relevant content suitable for you or your kid.

Prohibited Uses of the Application

You may use the Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Application:

  • In any way that violates any applicable state, local or international law or regulation.
  • For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
  • To impersonate or attempt to impersonate KidsBuddy Smiley, a KidsBuddy Smiley employee, another user or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Application, or which, as determined by us, may harm KidsBuddy Smiley or users of the Application, or expose them to liability.

Additionally, you agree not to:

  • “Scrape” or disaggregate data from the Application (whether by manual or automated means) for any commercial, marketing, or data compiling or enhancing purpose.
  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Application, the server on which the Application is stored, or any server, computer or database connected to the Application.
  • Otherwise attempt to interfere with the proper working of the Application.

Content That You Make Available on the Application

User Contributions

The Application may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Application.

If you voluntarily disclose personal information (e.g., username, email address) on the Application, such as on a forum, chat room or on any other user or member-generated pages, that information can be viewed in search engines, collected, and used by others and may result in unsolicited contact from other parties. We advise that you not post any personal or other sensitive information on our Application.

Any User Contribution you post to the Application will be considered non-confidential and non-proprietary. By providing any User Contribution on the Application, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

  • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
  • All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Application.

Monitoring and Enforcement; Termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the content standards below, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application.
  • Terminate or suspend your access to all or part of the Application for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information related to anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot and do not undertake to review all material before it is posted on the Application and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable Central, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote or assist any unlawful act.
  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, harass, embarrass, alarm or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Promote commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.

Your Indemnification of Us

You agree to indemnify, defend and hold harmless KidsBuddy Smiley, and its officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of (a) any User Contributions, or (b) breach by you or any user of your account of these Terms of Use or any representations, warranties and covenants contained in these Terms of Use. You shall cooperate fully and reasonably in the defence of any such claim. KidsBuddy Smiley reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by you.

WARRANTY DISCLAIMER

THE APPLICATION IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPOSED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE. WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT ON THE APPLICATION. THE INFORMATION, FACTS, AND OPINIONS PROVIDED ARE NO SUBSTITUTE FOR PROFESSIONAL ADVICE.

LIABILITY DISCLAIMER

YOUR USE OF THE APPLICATION IS AT YOUR OWN RISK. NEITHER, KIDSBUDDY SMILEY NOR ANY OF ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES OR LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) SHALL BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF YOUR ACCESS OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE APPLICATION  AND THE INFORMATION AVAILABLE ON THE APPLICATION  OR ARISING OUT OF ANY ACTION TAKEN IN RESPONSE TO OR AS A RESULT OF ANY INFORMATION AVAILABLE ON THE APPLICATION . YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST KIDSBUDDY SMILEY, ABOUT, INC. AND ITS SUBSIDIARIES, DIVISIONS, AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS (INCLUDING OUR INDEPENDENT CONTRACTOR CONTRIBUTORS) ARISING OUT OF YOUR USE OF THE APPLICATION AND THE INFORMATION AVAILABLE THEREON.

Third Party Links, Advertisements, Applications, Websites and Content

We do not review or monitor any websites, advertisements, or other media linked to or available through the Application and are not responsible for the content of any such third-party advertisements or linked websites. Prior to purchasing any third-party products or services described on the Application, you are advised to verify pricing, product quality and other information necessary to make an informed purchase. Neither KidsBuddy Smiley nor its parent or any of its subsidiaries, divisions, affiliates, agents, representatives, or licensors shall have any liability arising from your purchases of third-party products or services based upon the information provided on the Application, and we shall not receive or review complaints regarding such purchases.

Disputes

These Terms of Use and any disputes arising out of or related to the Application shall be governed by, and construed and enforced in accordance with, the laws of the State of New York (without regard to conflict of law principles). In the event of any such dispute, you irrevocably consent to exclusive jurisdiction and venue in the courts located at Ernakulam, Kerala, India.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED AND YOU HEREBY AGREE TO WAIVE SUCH CAUSE OF ACTION OR CLAIM AFTER SUCH DATE.

Waiver and Severability

No waiver by KidsBuddy Smiley of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of KidsBuddy Smiley to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and KidsBuddy Smiley with respect to the Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Application.

Copy Right Policy

KidsBuddy Smiley deals with copyright infringement in accordance with the Indian Copyright Act. You may not post, upload, or otherwise place any content or information on the Application that belongs to a third party, unless you have the legal right to do so. If you believe in good faith that your copyrighted work has been reproduced on our Application without authorization in a way that constitutes copyright infringement, you may notify us through our official email id or by post to our office address.  Your letter should contain: –

  • Your physical or electronic signature.
  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Application, a representative list of such works.
  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material, such as the precise URL (web page) that it appeared on, along with any copies you have of that web page.
  • Adequate information by which we can contact you (including your name, postal address, telephone number and email address).
  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
  • A statement, under penalty of perjury, that the information in the written notice is accurate and that you are authorized to act on behalf of the copyright owner.
  • Please be aware that if you knowingly materially misrepresent that material or activity on the Application is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees).

It is the policy of KidsBuddy Smiley to disable the accounts of users who repeatedly post infringing material on the Application.