Terms and Conditions

Terms of Service

By choosing to visit the Platform and/or avail any Services provided by Company, you agree to be bound by these Terms. Please read the following information carefully. If you are a parent or guardian and you provide your consent for your child’s use of the Platform, you agree to be bound by these Terms in respect to their use of the Platform. By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and do not subscribe to the courseware.

Description of Services

The Company facilitates experiential education & learning services to children. We provide mathematical learning, cognitive ability development modules, english/hindi language & grammar, behavioral & personality improvement courses to the Child. The concept is to create a virtual classroom.

User ID and Password

In order to access the Company’s Platform and its services, You may have to create an account and disclose information including, but not limited to,

(i) name, e-mail ID, photograph, location and other contact information
(ii) gender and other demographics
(iii) birth date and year to validate the current age of the Child. You must be at least 18 years old to register on the Platform.

If you are under 18 years old, you are not permitted to register on this site unless such registration is completed by a parent or legal guardian. You acknowledge that your user ID and password (“Participant Account“) is for your exclusive use only. Use or sharing of your Participant Account with another user or person is not permitted and is cause for immediate blocking of your access to the Platform, the Services and the content provided by the Company and shall lead to termination of this Agreement without any notice. You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify the Company if you become aware of or have reason to believe that there is any unauthorized use of your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with the Company in any investigation of such unauthorized uses. The Company shall not under any circumstances be held liable for any claims related to the use or misuse of your Participant Account due to the activities of any third party outside of your control or due to your failure to maintain the confidentiality and security of your Participant Account.

Trial Classes

We offer One (1) free trial class to our new members so that you get an opportunity to experience the services provided by us. Only one (1) free trial class is permitted per new student. Multiple availability of trial classes by an individual either through his/her own account or through someone else’s accounts, email IDs and/or in any other manner whatsoever, without the prior written permission of the Company is not allowed and shall amount to a breach of the present Terms. Any free trial class provided by the Companyshall also be governed by these Terms.

Modules and Curriculum

The Company will have its sets of modules according to which the Child is expected to complete his/her levels. The Company has tutors who will be assisting the Child with their modules. The Company shall also grant you access to its material, content, curriculum, documents and other information and data which may be in video, audio, written, graphic, recorded, photographic, or any other format in relation to the modules for which you have registered for. The Company reserves the right to amend, revise or update the Curriculum at any time.

License to Use

The Company hereby grants You and the Child, the limited, non-transferable, non-exclusive, and revocable license to access, view and use the Platform only for the purposes of accessing, viewing, posting or submitting user material, using the embedded link function, placing store orders or for accessing information, applications and services. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Platform. This license is limited to personal and non-commercial uses by You and your Child. Any rights not expressly granted to You herein are reserved to Company. You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the Curriculum, or any part thereof, in any manner or through any communication channels or means, for any purpose other than he limited purpose mentioned above, without the Company’s prior written consent.

Intellectual Property Rights

You acknowledge that the Company is the sole and exclusive owner of the Platform, the services provided by the Company, the curriculum, and its content and as such the Company is vested with all the Intellectual Property Rights and other proprietary rights in the Platform, the Services, content and the curriculum. The Company may from time-to-time upload videos, audios/ sound recordings, content and other materials on the website which shall be the exclusive property of the Company. You undertake not reproduce, transmit, retransmit, distribute, publish, post, share or make available the said videos, audios/ sound recordings, content and other materials or any part thereof which are available on the Platform in any manner whatsoever. Additionally, the Company also retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property right) in relation to all
information provided on or via this Platform, including but not limited to all texts, graphics, photos, illustrations, apps and logos. You shall not copy, download, publish, distribute or reproduce any of the information shared with you with respect to the course in any form without the prior written consent of the Company. The Company retains all the rights in the curriculum, video recordings, sound/audio recordings, images, photos, pictures/ images clicked during the classes, lectures delivered by the Company’s tutors, text and other material posted on the Platform and shall be the sole owner of the same. You undertake that you shall not record, make videos or sound/ audio recordings, take screen shots, click pictures and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share or make copies of any of the classes/ lectures that are conducted by the Company (including the trial classes), video recordings, sound/audio recordings, images, photos, pictures/ images, text or other material, whether in full or in part, unless you obtain prior written approval from the Company. Any recordings, videos, sound/audio recordings, screen shots, pictures, images, material or content which is obtained in any manner without the prior written consent of the Company shall amount to breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws. All other rights are reserved.

Use of the Platform by the Child

You expressly acknowledge and undertake that:

(i) You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child.
(ii) You grant your consent to the Company for your child to attend and participate in the classes, courses, tests, sessions and/or any other program conducted and/or organized by the Companyon its Platform and in relation to the services provided by the Company. You undertake that the participation of the Child and all the activities done by the Child will be under your direct and constant supervision. You further accept full and complete liability arising out of the child’s acts, whether direct or indirect.

Payment and Refund

The online classes, math games and other assignments are paid services and the payments made by You shall be according to the plans opted by You through the website and conversation with our official sales executive. You explicitly agree to pay the fees for the courses/ plans that you purchase, and you authorize the Company to charge you as per the applicable payment mode opted by you. All payments shall be through the payment mechanism put in place by the Company and You shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the Plan availed by You. With reference to The payment gateway mechanisms are governed by the terms and conditions of the third-party providers as listed on the Platform and the User agrees to be bound by those terms. Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction. The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us.

(i) For a User who signs up for a periodic subscription automated by the payment gateways, once the periodic payment is automatically debited it will not be refunded. Any cancellation of the subscription should be done prior to the periodic bill date by the user or by writing an email to [email protected] with the reason for the cancellation prior to 7 days of next billing. The cancellations do not cover the convenience charges in any terms .
(ii) The subscription cancellations done directly by the user are also subjected to abide by the use of which is governed by terms and conditions of such third parties. Please read the User Agreement and Privacy Policy for these sites separately before using the said third party websites. The refund process may include a feedback call to you and validation of key information that may be required by us to process the refund request. It is a sole discretion of the company to process or reject any kind of refund request. In case of any processed fee payment which is refunded We reserve the right to change any fees at any time at our sole discretion and any change, update, or modification in the fee shall become effective immediately upon the same being posted/uploaded or notified on our website

Third Party Service

You acknowledge that the Services provided by the Company uses and/or contains certain softwares, products and services which are developed and owned by third parties, the use of which is governed by terms and conditions of such third parties. Please read the User Agreement and Privacy Policy for these sites separately before using the said third party websites. By accessing the said third party websites, you agree to be bound by the respective user agreement and privacy policy of these third parties. Accordingly, you agree that the Company will not be responsible for such Third-Party software, products and services nor for any error, malfunction or defect in the Service resulted therefrom.”

Third Party Permission

The Company has subscribed to various third-party service providers and you agree and acknowledge that, while accepting these terms, you explicitly grant permission to these service providers to use your information. In the event of any dispute between the third party and you the company shall not be held liable in any matter whatsoever.

User Content

The Company offers You and the Child the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation, articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. The Company may remove content at its discretion, subject only to its express obligations in respect of peer-reviewed articles. You warrant and represent that your content, and the content of any website from which You include a link to any site, or to which You post a link from a site, will not be inappropriate. Without limitation, content (and the content of third-party websites) may be considered inappropriate if:

it is misleading in any way, and/or it gives a false impression as to its origins or approvals;
it is defamatory, plagiarized (including plagiarism from your own work), abusive, malicious, threatening, false, misleading, offensive, insulting, discriminatory, profane, harassing, racist, sexist, indecent, obscene, pornographic, hateful or it advocates violence;
it is in breach of confidentiality or another person’s privacy or other rights, or of any duty owed by You;
it prejudices any active or pending legal proceedings of which You are aware;
it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
it infringes any intellectual property rights proprietary to the Company or any third party;
it is technically harmful (including content containing, without limitation, computer viruses, logic bombs, trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct and/or contains any other element which is intended to harm the Company or any third party, or to carry out or facilitate any fraudulent or dishonest transaction);
it advertises or promotes any product or service or makes any requests for donations or financial support;
it is spam or junk content;
it impersonates another person or otherwise misrepresents your identity, affiliation or status;
it would be considered a criminal or statutory offense in any jurisdiction, or gives rise to civil liability, or is otherwise unlawful; and/or
it is in breach of these Terms and/or of any Additional Terms. The Company will not be held responsible or liable for any of the User content provided by You on the Company website.

You must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of any website. You hereby explicitly consent and grant permission to the Company to record, make videos, audio/sound recordings, take screenshots during the classes/ lectures that are conducted by the Company on its Platform to the extent required to improve the services offered by the Company. You and your child undertake to use the Company’s platform and intellectual property for only the purposes envisaged in the instant terms and shall not use the same for any unauthorized or unlawful purpose. Should you and your child use the Company’s platform or intellectual property with any third party’s intellectual property in any manner, then you and your child will be solely responsible to obtain all necessary permissions, authorizations and licenses from the said third party. In the event you and your child use the Company’s platform and intellectual property beyond the limited rights granted to you and your child under these terms, then you and your child shall be solely responsible for the same and shall indemnify the company for all losses, claims and damages in this regard.

User Communication

You hereby explicitly consent to receive email, telephone, WhatsApp or text messages from Kidway Education Private Limited, for the purpose of providing alerts and information related to services. Reply ‘STOP’ on the same number to stop receiving any further SMS or whatsapp messages. Reply ‘HELP’ to get help. Standard data charges are
applicable for SMS.

Rule of Conduction

Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
Create software which mimics any data or functionality in the Service;
Use or deal in the Service except as permitted by these Terms;
it contains accusations of impropriety or personal criticism of our personnel, editors or reviewers;
Include contact details intended to enable communication outside of the Service, in any Communication; The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users, and You expressly consent to Company’s monitoring your computer’s random access memory for the purpose of identifying said unauthorized third-party programs.

Limited Liability

You are held personally liable for any violation of a third party’s rights by You and your Child. You agree to reimburse Company for all damages resulting from the culpable non-observance of the obligations of these Terms. You release the Company from all eligible claims that other users or third parties may file against Company due to a violation of their rights by content posted by the user or due to a violation of other obligations. You shall assume the costs of Company legal defense, including all court and legal fees. Company ensures that the information and the training facilitated by the tutors on the Platform is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the tutors on the Platform. You agree and understand that the Company does not state or claim any warranty for the quality of lectures delivered by the tutors on our Platform. In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Platform or any content provided on or through the Platform. The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire, flood, war or act of God. Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all such terms and conditions are hereby excluded to the maximum extent permitted by law. You agree that in relation to your use of the Service You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.

Termination

Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend classes and access to our courseware and access to the platform provided by the Company and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms. You may also terminate your agreement with the Company by ceasing to access the Platform,Classes, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.

Severability

If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision shall, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms shall not be affected.

Waiver

No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.

Government Laws and Jurisdiction

Any dispute or difference either in interpretation or otherwise, of the Terms and other Policies on the Platform, between the parties hereto, shall be referred to an independent arbitrator who will be appointed by mutually and his decision shall be final and binding on the parties hereto. The Terms shall be construed in accordance with the applicable laws of India. For proceedings arising therein the Courts in Lucknow shall have exclusive jurisdiction.

Entire Agreement

This Agreement, along with the Privacy Policy, Terms of Use, and any additional guidelines, rules, and/or disclaimers posted on the Platform constitutes the entire agreement governing your use of our Website and supersedes any prior agreements, if any, relating to any matter dealt within this Agreement.

Contact

If you have any questions about these Terms, please contact us by email or postal mail on the following address:

Name: Kidway Education Private Limited

Email-id : [email protected]

Address: 507, Hind Nagar, Kanpur Road, Lucknow-226012, India