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Terms & Conditions

Accessing, browsing, or otherwise using the site indicates your agreement to all the terms and conditions in this agreement, so please read this agreement carefully before proceeding.

 By subscribing to or using any of our services you agree that you have read, understood, and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or immediately discontinue the use of our services.

 This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

 For the purpose of these terms and conditions, wherever the context requires 'You' shall mean any natural or legal person who has agreed to become a member of the Website by providing Registration Data while registering on the Website as Registered User using the computer systems. "Kidology/HelloKidology/we/us/our" shall mean the Company HAPPY CHEEKS PRIVATE LIMITED at appropriate places.

 Use of the Kidology Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Kidology Website. If you are a minor i.e. under the age of 18 years, you shall not register as a member of Kidology and shall not transact or use the Kidology website. As a minor, if you wish to use or transact on Kidology, such use or transaction may be made by your legal guardian or parents who have registered as users of the Kidology. Kidology reserves the right to terminate your membership and refuse to provide you with access to the Kidology if it is brought to Kidology's notice or if it is discovered that you are under the age of 18 years.

Introduction

www.hellokidology.in website ("Website") is an Internet-based content and e-commerce portal operated by HAPPY CHEEKS PRIVATE LIMITED.

Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions, and notices contained in these Terms, as may be posted on the Website from time to time.

User Account, Password, and Security

 You will receive a password and account designation upon completing the Website's registration process through electronic records. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Kidology of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Kidology cannot and will not be liable for any loss or damage arising from your failure to comply with this.

Limited User

 The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website. Limited reproduction and copying of the content of the Website is permitted provided that Kidology's name is stated as the source and prior written permission of Kidology is sought. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes, and unwarranted modification of data and information within the content of the Website is not permitted.

 Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Services.

User Conduct and Rules

You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper. By way of example, and not as a limitation, you agree and undertake that when using a Service, you will not:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;

Upload files that contain software or other material protected by intellectual property laws unless you own or control the rights thereto or have received all necessary consents;

Upload any video, photographs, or images of another person without his or her express written consent and permission (In case of minors, even if you have consent from the minor or his or her legal guardian).

Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;

Conduct or forward surveys, contests, pyramid schemes, or chain letters;

Download any file posted by another user of a Service that you know, or reasonably should know, cannot be legally distributed in such manner;

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

Violate any code of conduct or other guidelines, which may apply for or to any particular Service;

Violate any applicable laws or regulations for the time being in force in or outside India; and

Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.

You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. Kidology reserves the right to bar any such activity.

You shall not create any false account or profile with Kidology. You alone are solely responsible for the data and information which has been provided to Kidology. You shall not impersonate any other person/institution for any purposes.

Kidology reserves the right but has no obligation, to monitor the materials posted on the Kidology website. Kidology shall have the right to remove or edit any Content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right of Kidology, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE KIDOLOGY WEBSITE AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect the views of Kidology. In no event shall Kidology assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from the use of Content and/or appearance of Content on Kidology. You hereby represent and warrant that you have all necessary rights in and to all Content you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

Pricing

Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are mentioned in Indian rupees. Prices, products, and Services may change at Kidology's discretion.

Membership on the Kidology is free. Kidology does not charge any fee for browsing and buying. However, Kidology reserves the right to charge fees and change its policies from time to time in the future. Kidology may at its sole discretion introduce any new services and modify some or all of the existing services offered. Changes in the context of the Fees and related policies shall automatically become effective immediately once implemented. You shall be solely responsible for compliance of all applicable laws including those applicable for India for performing any transaction online.

Shipping

Local body taxes will be applicable for certain regions and will have to be borne by the buyer. Kidology will not be responsible for it. 

The product will be shipped within 4-7 days after payment has cleared. Complete shipping address with nearby landmark should be mentioned with pin code and phone number is compulsory. Kidology will not be liable for the incorrect shipping address provided by you. Products will be shipped by Blue Dart. If your area is not under the service of the following courier companies, kindly let us know which courier services are available in your area. In such cases, the shipment charges would be entirely borne by you only.

Cancellation of order

Kidology reserves the right to cancel any order without any explanation for doing so, under a situation where Kidology is not able to meet the requirement of the order placed or an order so placed/cancelled does not comply with policy Kidology. However, we shall duly intimate the concerned person and the applicable refund will be made in a reasonable time.

KIDOLOGY Site User Agreement

If it turns out that a particular term is not enforceable, then it will not affect any other terms in any manner.

General

This Agreement sets forth the terms and conditions that apply to the use of this KIDOLOGY site www.hellokidology.in

Restrictions on use, Terms of use

This KIDOLOGY Site is owned and operated by Kidology, Happy Cheeks Pvt Ltd, ("the Company") further known as "KIDOLOGY" and contains material which is derived in whole or in part from material supplied by the Company, various new agencies, and other sources and is protected by international copyright and trademark laws. The restrictions on the use of the material and content on this KIDOLOGY Site by the Subscriber are specified below. Except where specifically authorised, the Subscriber may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from this site including code and software.

By using the KIDOLOGY Site (other than to read this Agreement for the first time), the Subscriber agrees to comply with all of the terms and conditions hereof. The right to use the KIDOLOGY Site is personal to the Subscriber and is not transferable to any other person or entity. Subscriber is responsible for all use of Subscriber's Account (under any screen name or password) and for ensuring that all use of Subscriber's Account complies fully with the provisions of this Agreement. Subscriber shall be responsible for protecting the confidentiality of Subscriber's password(s) if any.

The Company shall have the right at any time to change or discontinue any aspect or feature of KIDOLOGY Site, including, but not limited to, content, hours of availability, and equipment needed for access or use.

 Email

Electronic-mail (E-Mail) transmission may contain confidential proprietary or legally privileged information of "KIDOLOGY" and intended solely for the use of the individual/(s) or entity/(ies) to whom it is addressed. If you have erroneously received this message, please delete it immediately and notify the sender. Further acknowledges that any views expressed in this message are those of the individual/(s) sender/(s) and no binding nature of the message shall be implied or assumed unless the sender does so expressly with due authority of KIDOLOGY. Communicating through E-mail is not secure and capable of interception, corruption and delays. Anyone communicating with KIDOLOGY by email accepts the risks involved and their consequences. Before opening any attachment/(s) please check them for viruses and defects.

Changed Terms

The Company shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of the KIDOLOGY Site, or any part thereof, or to impose new conditions, including but not limited to, adding fees for use. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including but not limited to, posting on the KIDOLOGY Site, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the KIDOLOGY Site by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications, or additions.

Equipment

Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware, and other equipment needed for access to and use of the KIDOLOGY Site and all charges related thereto.

Subscriber Conduct

Subscriber shall use the KIDOLOGY Site for lawful purposes only. Subscriber shall not post or transmit through the KIDOLOGY Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give the right to civil liability or otherwise violate any law, or which, without the Company's express prior approval, contains advertising or any solicitation concerning products or services. Any conduct by a Subscriber that in the Company's discretion restricts or inhibits any other Subscriber from using or enjoying KIDOLOGY Site will not be permitted. Subscriber shall not use KIDOLOGY Site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other online information services competitive with the KIDOLOGY Site. KIDOLOGY Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, or sound, and the entire contents of KIDOLOGY Site are copyrighted as a collective or severable work under applicable copyright laws. The Company and/or its affiliates own or have acquired a copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of the Company and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend, or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

 

Subscriber shall not upload, post, or otherwise make available on the KIDOLOGY Site any material protected by copyright, trademark, or other proprietary rights without the express permission of the owner of the copyright, trademark, or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of KIDOLOGY Site, Subscriber automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty fee, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Subscriber also permits any other Subscriber to access, view, store, or reproduce the material for that Subscriber's personal use. Subscriber hereby grants the Company the right to edit, copy, publish and distribute any material made available on KIDOLOGY Site by Subscriber.

The foregoing provisions are for the benefit of the Company, its subsidiaries, affiliates, and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its behalf.

Risk of loss

 All items purchased from Kidology are made according to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. Kidology shall not be responsible for the shipment which may not reach as a result of an incomplete or false shipping address. Also, Kidology shall not be responsible in any manner for any delays on the part of the shipment agency.

What we do about Mispricing

Despite our best efforts, a small number of the many hundreds of items in our catalogue are mispriced. However, we verify prices as part of our dispatch procedures.

If an item's correct price is lower than our stated price, we charge the lower amount and send you the item.

 If a product's correct price is higher than our stated price, we will cancel your order and notify you of that cancellation.

Breach

Without limiting other remedies, Kidology may limit or terminate your activity, immediately remove your information, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Kidology website in the event you are found to be in a breach of any of the terms and conditions in this Agreement.

Indemnity

You shall indemnify and hold harmless Kidology, its owner, licensee, affiliates and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of this Terms of Use, Privacy Policy, and other Policies, or your violation of any law, rules or regulations or the rights of a third party.

 Limitation of Liability

IN NO EVENT SHALL KIDOLOGY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF KIDOLOGY HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Monitoring

The Company shall have the right, but not the obligation, to monitor the content of KIDOLOGY Site, all interactive communication including but not limited to chat rooms and forums, to determine compliance with this Agreement and any operating rules established by the Company and to satisfy any law, regulation or authorized government request. The Company shall have the right in its sole discretion to edit, refuse to post, or remove any material submitted to or posted on KIDOLOGY Site. Without limiting the foregoing, the Company shall have the right to remove any material that the Company, in its sole discretion, finds to violate the provisions hereof or otherwise objectionable.

Indemnification

Subscriber agrees to defend, indemnify and hold harmless the Company, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorney's fees, arising out of the use of KIDOLOGY Site by Subscriber or Subscriber's Account.

Termination

Either the Company or Subscriber may terminate this Agreement at any time. Without limiting the foregoing, the Company shall have the right to immediately terminate Subscriber's Account in the event of any conduct by Subscriber which the Company, in its sole discretion, considers to be unacceptable, or in the event of any breach by Subscriber of this Agreement.

Trademarks

KIDOLOGY, BG, GG, and/or any other trademarks and trade names being shown or used on the site are the property of their respective owners.

 Third-Party Content

The Company is a distributor (and not a publisher) of content supplied by third parties and Subscribers. Accordingly, the Company has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Subscribers, or any other user of KIDOLOGY Site, are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.

In many instances, the content available through KIDOLOGY Site represents the opinions and judgments of the respective information provider, Subscriber, or other users not under contract with the Company. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on KIDOLOGY Site by anyone other than authorized the Company employee spokespersons while acting in their official capacities. Under no circumstances will the Company be liable for any loss or damage caused by a Subscriber's reliance on information obtained through the KIDOLOGY Site. It is the responsibility of Subscriber to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through KIDOLOGY Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

 Miscellaneous 

This Agreement and any operating rules for KIDOLOGY Site established by the Company constitute the entire agreement of the parties concerning the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of India and courts in Delhi shall have the exclusive jurisdiction to entertain and try any dispute arising out of or in relation to this Contract. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

Bulletin Boards / Message Boards

The Company may include bulletin boards and chat rooms ("bulletin boards") which allow feedback to the Company and real-time interaction between users. The Company does not control the messages, information, or files delivered to bulletin boards. It is a condition of your use of the bulletin boards and this KIDOLOGY site that you do not: restrict or inhibit any other user from using and enjoying the bulletin boards. post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law. post or transmit any information, software, or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or right holder. post or transmit any information, software, or other material which contains a virus or other harmful component. post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or which contains advertising. 

Any personal information identifying any visitor to the KIDOLOGY Site or Subscriber ("Personal Information") if required, is asked for explicitly in the relevant page on the KIDOLOGY Site. Personal Information is used to operate the KIDOLOGY Site, and we may occasionally inform you of new features, services, and products from the Company. 

We may place a text file called a "cookie" in the browser files of your computer. The cookie itself does not contain Personal Information although it will enable the Site to relate your use of the Site to information that you have specifically and knowingly provided to the KIDOLOGY Site.

JURISDICTION

This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. Any dispute or litigation shall be subject to the jurisdiction of the Courts of Delhi alone and not at any other place in India or outside its boundaries.

If at any time you believe this KIDOLOGY Site has not adhered to these principles, please notify us by e-mail to hellokidology@gmail.com and we will use all commercially reasonable efforts to promptly determine and correct the problem.

If you have questions about this policy, please e-mail us at hellokidology@gmail.com