The following terms and conditions govern the use of this website and outline the legal responsibilities and obligations that shall exist between you and Nidara Children Private Limited. By engaging with and placing an order on this website, you have thus read and agreed to these terms and conditions. If you have any questions, please contact us at firstname.lastname@example.org.
The following terms and conditions govern your use of this website “Nidara-Children” (Nidara Children Private Limited). By accessing the Site and the services provided herein, you acknowledge and accept these terms and conditions.
The website will initially function as a Beta site and will progressively be upgraded. Users are encouraged to write to use regarding any difficulty in use of the site and we will strive to rectify any defect as early as possible. We may amend these terms. Any such amendment will be effective thirty (30) days following either our dispatch of a notice to you or our posting of the amendment on this website. If you do not agree to any change to these terms, you must discontinue using the website and the Services provided herein.
We may immediately terminate this contract with respect to you (including your access to the website and the Services provided herein) if you fail to comply with any provision of these terms.
- Nidara Child Development and Educational Services
The Nidara Child Development and Educational Services provided through this website the information accessible on this Website (including, the educational materials, scientific content, graphic designs, video, audio, photographic or literary content) and material supplied to you, if any, are owned by Nidara Children Private Limited, its business associates, or third parties are for your personal, noncommercial use and are intended for educational and informational purposes only. You may not access or use this information for commercial, competitive, or any other purposes. You may not modify, republish, post, transmit, or distribute any information without our express written. You may copy this information only to the extent necessary for your personal use. We expressly retain all right, title, and interest in and to any proprietary information
- Informational Nature of The Site: No Medical Advice
The information on the website is intended for use as quality educational material for regular (children with no known disability or no disability) school going children and should not be construed as medical advice. The information on the website has not been adapted for children with disabilities, though if found suitable by User/School/ Doctor/ clinic/ hospital, they may use it, without any assurance of results. This information should not be used in place of seeking professional medical advice, diagnosis, or treatment by licensed practitioners. This Professional education center does not practice medicine or law, and does not offer any other professional advice or services. You assume full responsibility for appropriate use of the in formation available through this website.
Nidara-Children is an early child development system (early childhood care and learning). It is intended for only general wellness use for children between the ages of 3 and 6. It’s intended use relates to maintaining or encouraging a general state of health or a healthy activity as per globally accepted child development milestones. Nidara-Children only monitors and records activity levels to allow awareness among parents and caregivers.
Disclaimer: This product is not a medical device and is not intended for diagnosis, cure, mitigation, prevention, or treatment of a disease or condition. It is not intended for making clinical or medical decisions.
Nidara Child Development and Educational Services offers to its users a range applications primarily targeted at children and their families. Our site and applications offer a variety of activities, including activities that may collect information from children. Below we summarize potential instances of collection and outline how and when we will provide parental notice and/or seek parental consent. In any instance that we collect personal information from a child, we will retain that information only so long as reasonably necessary to fulfill the activity request or allow the child to continue to participate in the activity, and ensure the security of our users and our services, or as required by law. In the event we discover we have collected information from a child in a manner inconsistent with this policy or prevailing laws, we will either delete the information or immediately seek the parent’s consent for that collection.
Children are registered with our sites and applications, either at the request of participating schools or on application by parents, to view content, online lessons, answer online questions and carry out tasks and exercises, play games, participate in online activities and contests, and engage in special features, among other things. During the registration process, we may obtain certain information about the child for notification and security purposes, including a parent or guardian’s email address, the child’s first name and gender, the child’s member or account username, and password. In order to provide more accurate information on child development milestones and parameters like nutrition, height and weight, we may use your child’s grade level as given by you. We seek your prior consent before in order to provide more accurate activities.
Where the registration is at the request of participating schools, we will obtain consents from teachers and school administrators to act in the stead of parents to provide consent for the collection of personal information from children. In such cases, schools should always notify parents about these activities. If the registration is at the request of parents, we take the consent of parents.
We strongly advise children and their parents never to provide any personal information in their usernames. Please note that children can choose whether to share their information with us, but certain features cannot function without it. As a result, children may not be able to access certain features if required information has not been provided. We will not require a child to provide more information than is reasonably necessary in order to participate in an online activity.
If a child is under 18 years of age, we require parent or guardian email address for allowing the child to access our site. A child is not allowed to access our site on their own. All information and access given by the child is the responsibility of the parent only. We will not use parent emails provided for parental consent purposes to market to the parent, unless the parent has expressly opted in to email marketing or has separately participated in an activity that allows for such email contact.
Content Generated by a Child
Certain activities on our sites and applications allow children to create or manipulate content and save it on our sites. Some of these activities do not require children to provide any personal information and therefore may not result in notice to the parent or require parental consent.
Verifiable Parental Consent:
Email Consent. In the event we intend collecting personal information from a child, we will first seek a parent or guardian’s consent by email and in the case of registration by participating schools, participating doctors and hospitals, consent of such schools/ hospitals/ doctors, explaining what information we are collecting, how we plan to use it, how the parent/guardian/school/ doctor/ hospital can provide consent, and how the parent can revoke consent. If we do not receive the consent within a reasonable time, we will delete such information and any other information collected from the child in connection with that activity.
High-Level Consent. If we collect personal information from a child that is likely to be posted publicly, we will seek written consent from parents/guardians/school.
Certain games and activities that are directed to children allow users to communicate directly with other users by means of a chat system. In most cases, these chat systems employ filters that are intended to prevent the communication of both personal information and age-inappropriate words and phrases. In addition to filters, we may employ live moderation and/or encourage other users to flag inappropriate communications. We strongly encourage children who use these interactive features on our sites and applications never to provide personal information about themselves or any third party, and certainly never to attempt to circumvent our filters or moderation. We also recommend that parents/guardians/schools to carefully supervise their children when the children participate in online activities.
Email Contact with a Child
We will not email the child directly for any information. If we need information about the child for any reason, we will contact the parent only. It is the parent’s sole responsibility to communicate with us and share information with us. We do not hold any responsibility on this part.
Push notifications are notifications on mobile and other devices that are typically associated with downloaded applications, and which can communicate to the device holder even when the application is not in use. We will require a child to provide a parent/guardian email address before the child can receive push notifications from our child-directed applications that collect a device identifier. We will then provide the parent/guardian with notice of our contact with the child and will provide the parent the opportunity to prevent further notifications. Finally, we will not associate the device identifier with other personal information without contacting the parent to get consent.
When children interact with us, certain information may automatically be collected, both to make our sites and applications more interesting and useful to children and for various purposes related to our business. Examples include the type of computer operating system, the child’s IP address or mobile device identifier, the web browser, the frequency with which the child visits various parts of our sites or applications, and information regarding the online or mobile service provider. This information is collected using technologies such as cookies, flash cookies, web beacons, and other unique identifiers. This information may be collected by us or by a third party. This data is principally used for internal purposes only, in order to:
- provide children with access to features and activities on our sites and applications
- customize content and improve our sites and applications
- conduct research and analysis to address the performance of our sites and applications
- generate anonymous reporting for use by us
In the event we collect (or allow others to collect) such information from children on our sites and applications for other purposes, we will notify parents/guardians/ schools and obtain consent prior to such collection.
In addition to those rare instances where a child’s personal information is posted publicly (after receiving parental/guardian/school consent), we also may share or disclose personal information collected from children in a limited number of instances, including the following:
- To our service providers if necessary for them to perform a business, professional, or technology support function for us.
- If required by law, in response to a court order or a subpoena.
- In response to a law enforcement or public agency’s (including schools or children services) request;
- If we believe disclosure may prevent the instigation of a crime, facilitate an investigation related to public safety or protect the safety of a child using our sites or applications;
- To protect the security or integrity of our sites, applications, and other technology, as well as the technology of our service providers; or
- enable us to take precautions against liability.
- Geolocation Service
- Accounts; Password Protected Services
We appreciate you visiting our website. You need not register with us to simply visit and view the website and not use any services or download any Materials. However, in order to access certain password-restricted areas of the website, to use certain services, and access certain Materials, you must successfully register an account with us.
If you want an account with us, you must provide, through the account registration page on the website, your first name, a working email address, how you will be using your account (parent, school, teacher or home schooler), the grade level(s) in which you are interested and a preferred password. You may also have the opportunity to provide additional, optional information so that we can provide you a more customized experience when using the Services –but, we will leave that decision with you. Once you submit the required registration information, we alone will determine whether or not to approve your proposed account. If approved, you will be permitted to log in to your account with your password.
We may also provide you with the ability to register for an account using your existing account and log-in credentials from third-party sites and services such as Google, Facebook or Clever. By using such third-party account and/or credentials you are consenting to our retention and use, and such third-party site’s disclosure, of the account, credentials and other populated profile information that you submit.
For so long as you use your Nidarachildren.com account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. And, if you forget your password – no worries as we will happily send a password update to your provided email address.
You are responsible for complying with these Terms when you access and use the Services, whether directly or through any account that you may setup or use. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of the Services as well as paying related charges. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third-party site that we may allow you to use to access the Services. Should you believe your password or security for any of the Services has been breached in any way, you must immediately notify us.
- Copyright Notice
Unless otherwise noted, all information, text, articles, data, images, screens, webpages, software, Applications, contents, products, services or other materials (collectively hereinafter referred to as the ”Materials”) appearing on this Site and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Nidara Child Development and Educational Services are the exclusive property of Nidara Children Private Limited or that of our licensors or licensees as indicated. The Materials may not be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these terms and conditions without the express written permission of Nidara-Children. You may not use any content contained in the Materials in any manner that may give a false or misleading impression or statement. Nothing on this Site shall be construed as conferring any license of any intellectual property rights, whether by estoppel, implication or otherwise.
Except as we specifically agree in writing, no element of the Nidara Child Development and Educational Services may be used or exploited in any way other than as part of the Services offered to you. You may own the physical media on which elements of the Nidara Child Development and Educational Services are delivered to you, but we retain full and complete ownership of the Nidara Educational Services. We do not transfer title to any portion of the Nidara Child Development and Educational Services to you.
- Content and Software License
If a Nidara Child Development and Educational Service is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your educational, personal, noncommercial use only.
You may not circumvent or disable any content protection system or digital rights management technology used with any Nidara Child Development and Educational Service; decompile, reverse engineer, disassemble or otherwise reduce any Nidara Child Development and Educational Service to a human-readable form; remove identification, copyright or other proprietary notices; or access or use any Nidara Child Development and Educational in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. You may not access or use any Nidara Child Development and Educational in violation of the applicable Indian Laws, rules and regulations. By acquiring services, content or software through the Nidara Child Development and Educational Service, you represent and warrant that your access to and use of the services, content or software will comply with those requirements.
- Trademark Notice
“Nidara”, “Haselfre” the Nidara Children logo, Haselfre logo, “Baby Bliss” and nidara.in are trademarks, service marks and/or registered trademarks of Nidara Children Private Limited in India. All other trademarks and service marks that appear on this Site are the property of their respective owners and are used solely to refer to those companies‚ goods and services.
- Disclaimers of Warranties
Given the unpredictability of technology and the online environment, Nidara-Children does not warrant that the function or operation of this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this Site, you must assume full responsibility for any costs associated with servicing of equipment used in connection with your use of our Site.
While efforts have been made to ensure the accuracy of the information on this Site, Nidara-Children does not represent or warrant that the information accessible via this Site is accurate, complete or current. This Site could contain typographical errors, technical inaccuracies or other incorrect information. Nidara-Children reserves the right to add to, change or delete its content or any part thereof without notice. Any availability information is subject to change without notice. Additionally, this Site may contain information provided by third parties. Nidara-Children makes no representation or warranty regarding the accuracy, truth, quality, suitability or reliability of such information. Nidara-Children is not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties. Nidara-Children does not endorse, warrant or guarantee any products or services offered on this Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services.
All information provided by Nidara-Children on this Site on trademarks and related intellectual property issues is provided to the users as a source of general information. In legal matters, no publication whether in written or electronic form can take the place of professional advice given with full knowledge of the specific circumstances of each case and proficiency in the laws of the relevant jurisdiction.
The contents of this site, including, without limitation, the materials, are provided “as is,” and Nidara-Children makes no representations or warranties of any kind, express or implied, with respect to this site or its contents. Nidara-Children disclaims all representations and warranties of any kind, including, without limitation, warranties of merchantability, fitness for a particular purpose, title and non-infringement.
- Limitation of Liability
The Nidara Child Development and Educational Services are provided “as is” and “as available.” we disclaim all conditions, representations and warranties not expressly set out in these terms.
Neither Nidara-Children nor any of its officers, members, directors, employees or other representatives will be liable for any damages, special, consequential or otherwise, arising out of or in connection with the use of this Site or any information contained herein even if advised of the possibility thereof. This limitation of liability is comprehensive and applies to all damages of any kind, including, without limitation, loss of data, income or profit, loss of or damage to property and claims of third parties.
You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Site and will not make any claim against Nidara-Children for lost data, rerun time, inaccurate output, work delays or lost profits resulting from the use of the materials.
As a visitor to and a user of this Site, you, in effect, agree that all access and use of this Site and its contents are at your own risk.
- Your Content and Account
User Generated Content
You may not submit or upload User Generated Content that is defamatory, harassing, threatening, bigoted, hateful, violent, vulgar, obscene, pornographic, or otherwise offensive or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
We do not claim ownership to your User Generated Content; however, you grant us a non-exclusive, sublicensable, irrevocable and royalty-free worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights to use, reproduce, transmit, print, publish, publicly display, exhibit, distribute, redistribute, copy, index, comment on, modify, adapt, translate, create derivative works based upon, publicly perform, make available and otherwise exploit such User Generated Content, in whole or in part, in all media formats and channels now known or hereafter devised (including in connection with the Nidara Child Development and Educational Services and on third-party sites and platforms such as Facebook, YouTube and Twitter), in any number of copies and without limit as to time, manner and frequency of use, without further notice to you, with or without attribution, and without the requirement of permission from or payment to you or any other person or entity.
You represent and warrant that your User Generated Content conforms to these terms and that you own or have the necessary rights and permissions, without the need for payment to any other person or entity, to use and exploit, and to authorize us to use and exploit, your User Generated Content in all manners contemplated by these terms.
To the extent that we authorize you to create, post, upload, distribute, publicly display or publicly perform User Generated Content that requires the use of our copyrighted works, we grant you a non-exclusive license to create a derivative work using our copyrighted works as required for the purpose of creating the materials, provided that such license shall be conditioned upon your assignment to us of all rights in the work you create. If such rights are not assigned to us, your license to create derivative works using our copyrighted works shall be null and void.
We have the right but not the obligation to monitor, screen, post, remove, modify, store and review User Generated Content or communications sent through a Nidara Educational Service, at any time and for any reason, including to ensure that the User Generated Content or communication conforms to these terms, without prior notice to you. We are not responsible for, and do not endorse or guarantee, the opinions, views, advice or recommendations posted or sent by users.
Nidara Child Development and Educational Service permit or require you to create an account to participate and to secure additional benefits. You agree to provide and maintain accurate, current and complete information, including your contact information for notices and other communications from us and your payment information. You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name or likeness, or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of the accounts of users who are repeat infringers of copyright. In addition, we may suspend or terminate your account and your ability to use the Nidara Child Development and Educational Service if you engage in, encourage or advocate for illegal conduct, or if you fail to comply with these terms or any supplemental terms.
Passwords and Security
You are responsible for taking reasonable steps to maintain the confidentiality of your username and password, and you are responsible for all activities under your account that you can reasonably control. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the Nidara Services.
The security, integrity and confidentiality of your information are extremely important to us. We have implemented technical, administrative and physical security measures that are designed to protect your information from unauthorized access, disclosure, use and modification.
Digital Content and Virtual Items
We may make applications, games, software or other digital content available on the Nidara Child Development and Educational Service for you to license for a one-time fee. When purchasing a license to access such material from a Nidara Educational Service, charges will be disclosed to you on the Nidara Child Development and Educational Service before you complete the license purchase.
Your purchase of a virtual item or in-game currency is a payment for a limited, non-assignable license to access and use such content or functionality in the Nidara Educational Services. Virtual items (including characters and character names) or in-game currency purchased or available to you in the Nidara Child Development and Educational Services can only be used in connection with the Nidara Child Development and Educational Services where you obtained them or where they were developed by you as a result of game play. These items are not redeemable or subject to refund and cannot be traded outside of the Nidara Child Development and Educational Services for money or other items for value. We may modify or discontinue virtual items or in-game currency at any time.
Payments, Cancellation Policy, Refund Policy
You agree to pay all applicable fees related to your use of the Services. All fees are based on services purchased, regardless of actual usage. We may suspend or terminate your paid account and/or access to our paid Services if your payment is late and/or your offered payment method (e.g., credit card, PayPal, etc.) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on your payment method at regular intervals as well as any taxes and other charges incurred in connection with your account, all of which depend on your particular Subscription and utilized services.
Paid subscriptions to use our Services (“Subscriptions”) come with a seven (7) day risk-free start period. You may cancel your subscription any time within 7 days of purchase to receive a complete refund of your purchase price. To exercise this satisfaction guarantee cancellation and receive a refund, simply send an email to email@example.com during the first seven (7) calendar days after you Subscribe. Subscriptions and the rights and privileges provided to you as a subscriber are personal and non-transferable. By providing a payment method, you expressly authorize Nidarachildren.com, Nidara-Children and/or our third-party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals. We reserve the right to change prices for Subscriptions at any time, and do not provide price protection or refunds in the event of promotions or price decreases. Non-renewal or cancellation of your paid subscription will cause your account to revert to a free account.
Unless you cancel prior to the expiration of your current Subscription, we will automatically renew your Subscription on each monthly or yearly (depending on the Subscription you have chosen) anniversary of the date that you signed up for the paid Subscription. We will charge your credit card with the applicable renewal Subscription fee and any Taxes (as defined below) that may be imposed on such fee payments. Yearly Subscriptions must be cancelled at least 30 days prior to the anniversary date to avoid automatic renewal, while monthly subscriptions must be cancelled at least 5 days prior to the monthly renewal date. You may cancel your Subscription by emailing us at firstname.lastname@example.org; provided that any Subscription fees charged prior to the effective date of cancellation will not be refunded, in whole or in part (unless you cancel within the 7 day risk-free start period).
All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid.
Nidara Child Development and Educational Services require paid subscriptions to access. For continued access, you are required to renew your subscription before the date of expiry. By signing up for a subscription, you agree that as and when auto renewal of subscription is introduced, you consent to your subscription being automatically renewed and, unless you cancel your subscription, you authorize us to charge your payment method for the renewal term. The period of such auto-renewal will be the same as your initial subscription period unless otherwise disclosed to you at the time of sale. The renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify you of a rate change prior to your auto-renewal.
While we welcome comments and feedback regarding this Site, Nidara-Children is under no obligation to respond to all pieces of correspondence received through this Site, to maintain submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. We do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this Site or any email connection. All unsolicited comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to Nidara-Children through this Site shall become and remain the property of Nidara-Children. Any such submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission.
Certain areas of the Services may permit you to submit feedback, information, data, text, images, messages, or other materials (each, a “User Submission”). You agree that you are solely responsible for all of your User Submissions and that any such User Submission is considered both non-confidential and non-proprietary. Further, we do not guarantee that you will be able to edit or delete any User Submission you have submitted.
By submitting any User Submission, you are promising us that:
- You own all rights in your User Submissions (including, without limitation, all rights to the reproduction and display of your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to us the rights in your User Submissions as described in these Terms;
- You have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;
- Your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
- You voluntarily agree to waive all “moral rights” that you may have in your User Submission;
- Any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;
- Your User Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
- Your User Submission is not, and may not reasonably be considered to be, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation, vulgar, pornographic, obscene, or invasive of another’s privacy;
- You were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;
- Your User Submission does not incorporate materials from a third-party website, or addresses, email addresses, contact information, or phone numbers (other than your own);
- Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
- Your User Submission does not contain any information that you consider confidential, proprietary, or personal; and
- Your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
By submitting a User Submission, you grant to us an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, royalty-free license (sublicensable through multiple tiers) to:
- Use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed;
- Use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or service);
- Display advertisements in connection with your User Submissions and to use your User Submissions for advertising and promotional purposes.
We may, but are not obligated to, pre-screen User Submissions or monitor any area of the Services through which User Submissions may be submitted. We are not required to host, display, or distribute any User Submissions on or through the Services and may remove at any time or refuse any User Submissions for any reason. You understand that when using the Services you will be exposed to User Submissions from a variety of sources and that we are not responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We are not responsible for any loss, theft, or damage of any kind to any User Submissions. Further, you agree that we may freely disclose your User Submission to any third party absent any obligation of confidence on the part of the recipient.
VII. Unauthorized Activities
To be clear, we authorize your use of the Services only for Permitted Purposes. Any other use of the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the Services. This is because as between you and us, all rights in the Services remain our property.
Unauthorized use of the Services may result in violation of various India, United States and international copyright laws. Because we prefer keeping this relationship drama-free, we want to give you examples of things to avoid. So, unless you have written permission from us stating otherwise, you are not authorized to use the Services in any of the following ways (these are examples only and the list below is not a complete list of everything that you are not permitted to do):
- In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the Services or Materials for any commercial purpose that competes with our Services in any way;
- In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
- To stalk, harass, or harm another individual;
- To impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- To interfere with or disrupt the Services or servers or networks connected to any of the Services;
- To use any data mining, robots, or similar data gathering or extraction methods in connection with the Services; or
- Attempt to gain unauthorized access to any portion of the Services, Materials or any other accounts, computer systems, or networks connected to this Website, whether through hacking, password mining, or any other means.
You agree to hire attorneys to defend us if you violate these Terms and that violation results in a problem for us. You also agree to pay any damages that we may end up having to pay as a result of your violation. You alone are responsible for any violation of these Terms by you. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with our defense of such claim.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER NIDARACHILDREN.COM or NIDARA-CHILDREN NOR ANY OF OUR AFFILIATES, SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS BE LIABLE FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, USING OR DOWNLOADING ANY MATERIALS TO OR FROM THIS WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF WE KNOW THERE IS A POSSIBILITY OF SUCH DAMAGE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE MATERIALS OR THE SERVICES IS TO STOP USING THEM. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.
THE AGGREGATE MAXIMUM LIABILITY TO NIDARACHILDREN.COM AND NIDARA-CHILDREN FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE SHALL BE THE TOTAL AMOUNT PAID TO US BY YOU, IF ANY, FOR ACCESS TO THE SERVICES AND MATERIALS IN THE TWELVE MONTHS PRECEDING ANY SUCH CLAIM.
LOCAL LAWS; EXPORT CONTROL.
We control and operate the Services from our headquarters in India and all of the Services may not be appropriate or available for use in other locations. If you use our Services outside India, you are solely responsible for following applicable local laws. We may limit the availability of the Services, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time. Not all products or services may be available in all cities, states or territories.
Any submissions by you to us (e.g., comments, questions, suggestions, materials – collectively, “Feedback”) through any communication whatsoever (e.g., call, fax, email) will be treated as both non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and we are free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that we are not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Links to Third Party Sites
Any other websites that are accessible via links on this Site are not under the control of Nidara-Children. Nidara-Children is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. Nidara-Children provides the linked sites to you only as a convenience and the inclusion of any such link on the Site does not imply Nidara-Children’s endorsement of the site, the organization operating such site, or any products or services of that organization. Your linking to any offsite pages or other sites is entirely at your own risk. Under no circumstances will Nidara-Children be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods or services available on any other site.
VIII. Links to this site.
Nidara-Children doesn’t permits third party sites to link to Nidara-Children Site without prior mission.
- References to Products or Services
Information on this Site may contain references or cross references to Nidara-Children products or services that are not announced or available in your location. Such references do not imply that Nidara-Children intends to announce such products or services in your location. Please contact Nidara-Children for information regarding the products and services that may be available to you.
- Governing Law
These terms and conditions will be governed by and construed in accordance with the laws of India, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms and conditions will be filed only in the courts of competent jurisdiction in Chennai, India.
XII. Complete Agreement
These terms and conditions, and policies referred to in these terms and conditions, represent the entire understanding relating to the use of the Site and prevail over any prior or contemporaneous, conflicting or additional, communications. Nidara-Children reserves the right to revise these terms and conditions at any time without notice by updating this posting.
If any dispute or difference arises between the parties hereto touching on the time, construction, meaning or effect of this agreement or of any clause or thing herein contained or the rights or liabilities of any party the same shall be referred to the arbitration by a person to be nominated as arbitrator by Nidara-Children, whose decision shall be final and binding upon the parties hereto. Such references shall be deemed as a submission to arbitration under the Indian Arbitration and Conciliation Act, 1996 or of any modification or re-enactment thereof. The venue of arbitration shall be Chennai.
By viewing this website, you are automatically accepting the following:
- I am above 18 years of age. By accessing the Site and the services provided herein, I acknowledge that I have read the above terms and conditions and I accept the same.
- By accessing the Site and the services provided herein, I as parent/guardian/teacher/school administrator/ doctor of the minor child proposing to use this site, I acknowledge that I have read the above terms and conditions and I accept the same.
If you have any questions about these Terms or otherwise need to contact us for any reason, you can reach us at email@example.com, or by writing to Nidara-Children Solutions Private Limited, Nidara Children Private Limited, Level 5, Prestige Palladium Bayan, No : 129 – 140, Greams Road, Chennai – 600006, India. Tel +91 44 4654 9242