EXPLORA KIDS TERMS OF PURCHASE
Notice to User: This The Tiny Tags Terms of Purchase is a Legal Agreement entered between you(individual), as an End User (as defined below) and Explora Kids International Pvt. Ltd., India (“The Tiny Tags”) for the The Tiny Tags’s product. EXPLORA KIDS and the End User shall hereinafter be referred to collectively as “Parties” and individually as “Party”.
ACCEPTANCE
By Accepting any or all parts of the Product, you hereby agree, accept, and shall be bound by all the terms and conditions of this Agreement. End User agrees to accept and bound by the terms of this Agreement and other Related Agreements by opting any of the following act(s):
1. Visiting the The Tiny Tags website and/or create(s) account or;
2. Placing the order by making payment on The Tiny Tags website or;
3. Accepting delivery of the products or;
4. Using the products or;
5. Any other act which would be considered as usage of the Product.
If you disagree and shall not be bound by/with any or all the clauses of this Agreement, do not Accept any or all the parts of the Product. You are only authorized to use the Product (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and with this Agreement. The Tiny Tags reserves the right, at its sole discretion, to change, modify, add, or delete portions of these Terms of Purchase at any time without further notice. If The Tiny Tags does this, The Tiny Tags will post the changes to The Tiny Tags Terms of Purchase on the The Tiny Tags website. Your continued use of the Product after any such changes constitutes your acceptance of the revised terms and conditions.
1. DEFINITIONS
1.1 Agreement means this The Tiny Tags Terms of Purchase and includes the recitals, schedules, annexure or exhibits annexed. The terms of this agreement form part of and should be read in conjunction with the and Terms of Use and Privacy Policy of this website (hereinafter referred to as ‘Related Agreements’).
1.2 Product shall here mean – Physical hard copy printed text books purchased by End User from the The Tiny Tags by visiting The Tiny Tags website. To preserve and protect its rights under applicable laws, EXPLORA KIDS does not sell any right in its Product. EXPLORA KIDS, as detailed in this Agreement, grants only the certain limited rights to use its Product.
1.3 Claim means any contractual or legal proceedings under Law against any of the Parties, alleging any act or omission or non-performance or failure by any of the Parties to perform any of their obligation, representation, warranty or covenants under any contract or agreement or Law.
1.4 Confidential Information means and includes any information disclosed by one Party to the other that is written, graphic, machine readable or other tangible form irrespective of whether the same is marked “Confidential”, “Proprietary” or in some other manner or not at all marked to indicate its confidential nature. Confidential Information may also include (i) Proprietary Information and (ii) Intellectual Property provided by one Party to the other for performance of the obligations under this Agreement.
1.5 End User shall mean the organization/person using the Product for their personal and non-commercial use.
1.6 Intellectual Property means all patents, copyrights, inventions, trade and Purchase marks, brand names, software and any other intellectual properties owned by, used by, permitted to be used by or licensed by EXPLORA KIDS in the course of provision of the Purchases.
1.7 Invoice Amount shall mean the amount payable by the End User against the invoice issued by EXPLORA KIDS for the purchase and shipment of the Product by the End User.
1.8 EXPLORA KIDS website shall mean electronic platform provided by EXPLORA KIDSto end user for placing order for purchase of the products.
2. SALE OF PRODUCT
EXPLORA KIDS will sell the product to End User only when End User performs all of the following act(s):
1. End User visits the EXPLORA KIDS website,
2. End User creates the account on EXPLORA KIDS website by providing requisite details. Liability to provide correct details while creating the account shall rest with End User only. Details to be provided by End User shall include name of the child, billing address, shipping address, school name, school code or any other details as may be required by EXPLORA KIDS from time to time,
3. End User creates the order on EXPLORA KIDS website; and
4. End User makes the online payment via online payment portal provided on EXPLORA KIDS website.
EXPLORA KIDS has provided vide this agreement product to End User for their personal and non-commercial use. Such product is meant to be used by End User only. EXPLORA KIDS hereby notifies the End User that no use other than the use prescribed by EXPLORA KIDS is permitted. Accordingly, End User cannot do any other acts. In such event, EXPLORA KIDS reserves the right to recall the product and End User shall be liable to return the product.
3. RESTRICTIONS ON USE:
End User shall use the Product as per the terms and conditions of this Agreement and of Related Agreements and shall not:
1. Transfer, sale, sub-license, rent, lease, redistribute, encumber, or authorize any other user to use the Product.
2. Make any modification, improvement, adaptation, translation, enhancement, or derivative work from the Product.
3. Use the Product for any commercial or other purpose for which it has not been designed/ intended.
4. Not violate the applicable laws, rules, or regulations in connection with the usage/ access of the Product.
5. Use the Product to make any other Product which is, directly or indirectly, competitive in nature in any manner to the Product and/or Purchases offered by the EXPLORA KIDS.
6. Use the Product in any manner which is not permitted under laws or to send unsolicited commercial emails or which is against the interest of EXPLORA KIDS or can affect the reputation of EXPLORA KIDSin the market.
7. Use the EXPLORA KIDS’s Information/ Intellectual Property Rights or any other information related to EXPLORA KIDS or its employees/ affiliates/ partners in any manner without the prior written consent of the EXPLORA KIDS.
EXPLORA KIDScan use the data provided by End User or any data or information generated by usage of Product for the internal purposes including training, research and development, analysis, promotion(s), and other permissible purpose(s)
4. SUPPORT
EXPLORA KIDS is not responsible for supporting or helping End User to use product, except for addressing limited queries relating to purchase, delivery, shipment status, payment through EXPLORA KIDS’s Support Service. To receive these services, you must follow the directions given to you by EXPLORA KIDS’s support staff. In case End User is having any questions concerning this Agreement or if you desire to contact EXPLORA KIDS for any reason, please contact us or write us at contact details provided on our website.
5. PAYMENT, SHIPPING AND RETURN OF PRODUCT
PAYMENT AND OTHER CHARGES
The price payable by End User at the checkout or any other similar page of the website where End User is required to make the payment by using any of the given mode of payment(s) is the Maximum Retail Price (MRP) which is inclusive of all applicable taxes. EXPLORA KIDS shall have the right to fix the MRP of the Product. Further in case of any dispute between the End User and EXPLORA KIDS, the decision of EXPLORA KIDS shall prevail. However, imposition of any other charges, in the coming future, by the State/ Central Government on the Product which is not inclusive in the price mentioned at the Product shall be borne by the End User and the EXPLORA KIDS shall not be liable for the same. End user shall be responsible to bear any and all other charges including but not limited to shipment and delivery charges.
SHIPPING AND HANDLING
Once the End User places the order, EXPLORA KIDS will make the arrangements for shipping the products to End User as per the delivery/ shipping address mentioned by the End User at the time of Purchase and payment of the product. The risk of loss and damage is passed to End User as soon as the product is delivered to End User. EXPLORA KIDS will not be liable for any incorrect delivery or failed delivery due to wrong or incomplete shipping/ delivery address provided by End User. In such a case, amount paid by End User shall be forfeited by EXPLORA KIDS and no refunds shall be issued and user will be required to place fresh order. The End User shall inform EXPLORA KIDS about any discrepancy within a period of 48 hours from the time of receipt of the Product. If the End User doesn’t confirm within 48 Hours, in such scenario it shall be deemed to have been acknowledged the receipt of the Product.
Shipping charges may be levied on orders and End User must pay the same along with the MRP of the product to place the order. EXPLORA KIDS shall have the right to fix the Shipping Charges.
End User can get the waiver of the total shipping charges by applying the discount code. Waiver amount will be included in the discount amount on the check out page.
THE RETURN AND REFUND OF PRODUCTS
EXPLORA KIDS does not accepts any return of products or does not issue any refunds of the amounts paid in any scenario. Return of products may be accepted by EXPLORA KIDS in limited exceptional circumstances i.e. product is damaged during shipping or is defective. EXPLORA KIDS will also accept the return if wrong product delivered to End User. However, EXPLORA KIDS should be informed about the discrepancies within 48 hours from the delivery date of the Product. At the same time, the Products should also be returned in the original condition. Returns (if any) will take place on the sole discretion of EXPLORA KIDS and the decision so taken by EXPLORA KIDS shall be binding on End User as well.
6. CONFIDENTIALITY, DATA PROTECTION AND PRIVACY
6.1 End User shall agree to maintain confidentiality of all Confidential Information provided under this agreement.
6.2 End User shall be permitted to use the Confidential Information only for exercising rights granted under this Agreement. End User shall not use the Confidential Information for any other purpose without the EXPLORA KIDS’s written permission.
6.3 End User shall implement adequate security measures for maintaining secrecy of Confidential Information of EXPLORA KIDS . Such measures shall not be less than the measures taken by them to safeguard its own Confidential Information of the like nature and End User hereby agrees that this Agreement or the contents thereof shall not be disclosed by End User to any third party without the prior written consent of the EXPLORA KIDS.
7. EXCLUSIONS FROM CONFIDENTIAL INFORMATION
The term Confidential Information does not include information that is:
1. Becomes known to the receiving Party, without restriction, from a source other than the Disclosing Party without Breach by the receiving Party or otherwise in violation of the Disclosing Party’s rights, provided the receiving Party can demonstrate such prior knowledge with adequate evidence,
2. Disclosed under operation of law, except that the receiving Party will disclose only such information as is legally required and will use reasonable efforts to obtain confidential treatment for any Confidential Information that is so disclosed.
3. Known publicly at the time it was disclosed or becomes publicly known through no fault or action of the receiving Party or any Breach of any confidentiality obligation,
4. Is publicly disclosed by the Receiving Party with the Disclosing Party’s prior written approval.
8. DISCLAIMER
THE PRODUCT IS SUPPLIED “AS IS” WITHOUT WARRANTY OF ANY KIND. EXPLORA KIDS AND ITS EMPLOYEES: (1) DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, (2) DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE PRODUCT, (3) DO NOT REPRESENT THAT USE OF THE PRODUCT WOULD NOT INFRINGE PRIVATELY OWNED RIGHTS, AND (4) DO NOT WARRANT THAT THE PRODUCT WILL FUNCTION UNINTERRUPTED, THAT IT IS ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED.
9. LIMITATION OF LIABILITY
9.1 Under no circumstances EXPLORA KIDS shall be liable to End User for any indirect, incidental or consequential damages (including loss of profit or business), howsoever arising, whether under contract, tort or otherwise, even if informed of the possibility of the same.
9.2 In no event, EXPLORA KIDS shall be liable to End User or any other party for any loss or damage, including without limitation, for time, money, or goodwill, or for consequential or exemplary damages, which may arise from the use, operation, maintenance or other Purchases, installation or modification of the Product or End User’s inability to use the Product, in whole or part, for any other reason whatsoever, including, without limitation, by reason of defects, delays or copyright, patent or trademark infringement or for any other reason(s).
10. BREACH AND TERMINATION
10.1 EXPLORA KIDS may terminate this Agreement immediately upon failure by End User to comply with the terms of this Agreement, including without limitation, by use exceeding the scope of the accesses granted in this Agreement. Further, EXPLORA KIDS also reserves the right to terminate this agreement without any cause or any prior notice to End User.
10.2 The termination of this Agreement shall automatically terminate and extinguish the access granted herein. Upon any such termination, End User shall immediately destroy the original and all copies of the Product in its possession and End User shall have no further right to use the Product pursuant to this Agreement. All confidentiality obligations of the End User under this Agreement will continue for two (2) years after any expiration or termination of this Agreement.
10.3 End User hereby waives any and all challenges to or claims or defences regarding EXPLORA KIDS’s right to terminate this Agreement pursuant to the terms hereof.
10.4 In lieu of termination, EXPLORA KIDS reserves the right to (a) require that End User immediately cease any unauthorized use in violation of the terms of this Agreement and (b) assess additional fees for the unauthorized use.
10.5 EXPLORA KIDS’s rights and remedies under this Agreement shall be cumulative and not exclusive of any other rights or remedies provided hereunder or by law.
11. GOVERNING LAW
This Agreement shall be governed by the laws of India. Nothing contained in this clause will preclude either Party from applying for and obtaining any injunctive, prohibitory or other similar urgent or interim relief from a competent court of law, for which the courts at Bangalore, shall have exclusive jurisdiction.
12. FORCE MAJEURE
EXPLORA KIDS shall not be liable for damages and End User shall not have the right to terminate this Agreement for any delay or default in delivery resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control including, but not limited to: acts of God, terrorist action, acts of civil or military authority, government actions, fires, epidemics, riots, wars, sabotage, insurrections, labour shortages or disputes.
13. SEVERABILITY
The provisions of this Agreement shall be deemed severable and the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision hereof. To the fullest extent permitted by law, if any provision of this Agreement, or the application thereof to any Person or circumstance, is invalid or unenforceable (a) a suitable and equitable provision shall be substituted therefor in order to carry out, so far as may be valid and enforceable, the intent and purpose of such invalid or unenforceable provision and (b) the remainder of this Agreement and the application of such provision to other Persons or circumstances shall not be affected by such invalidity or unenforceability.
14. RELATIONSHIP OF THE PARTIES
Each of the parties shall act as an independent contractor under this Agreement and neither is now, nor in the future, an agent or legal representative of the other for any purpose. This Agreement shall not be construed to place the parties in the relationship of partners or joint ventures. Neither party has any right or authority to bind the other in any way.
15. INDEMNIFICATION
15.1 The End User hereby agrees to indemnify and agrees to hold EXPLORA KIDS harmless from and against any and all losses, expenses, damages, liabilities, penalties, claims or demands arising from or in respect of (i) infringement of Intellectual Property Rights, (ii) any breach by the EXPLORA KIDS to perform its obligations under this Agreement, or (iii) any negligence, misconduct or recklessness of the End User. The obligations of this Article will survive the expiration or termination of this Agreement.
15.2 Notwithstanding any other provision of this Agreement and irrespective of any fault or negligence, EXPLORA KIDS shall not be liable to the End User for any direct, indirect, special, punitive, consequential, exemplary or incidental damages (including, without limitation, damages for harm to business, lost revenues, lost sales, lost savings, lost profits (anticipated or actual), loss of use, downtime, injury to persons or damage to property and claims of third parties), regardless of the form of action, whether in Agreement, warranty, strict liability or tort (including, without limitation, negligence of any kind, whether active or passive) or any other legal or equitable theory arising out of or in connection with this Agreement.