TERMS AND CONDITIONS
This user agreement (“Agreement”) is an agreement between you/your legal guardian (in case of a minor) (“You”) and Volga Infotech Private Limited ("Volga Infotech" or "we" or "us" as the context requires) governing the: (i) your use of our 'Talking Rhino’ domain which is hosting this website (“Site”) and ourthis Talking Rhino mobile application (“App”); and/or (ii) availing of our services by you, which includes (a) in case of a child/legal guardian of the child, using the student module of the Site/ App to help the child learn and develop important skills through stories and interactive quizzes available on our Site/App; and (b) in case of a teacheran educator, using the teachereducator module on the Site/App as a platform to teach promote the app to their students and help them develop important skills through stories and interactive quizzes available on our Site/App and grade the kids basis their learninganalyze their progress (referred to as the "Services"). For the purposes of this Agreement, any person below the age of 18 shall be considered a ‘child’.
- Initial Access - Access to the Site/App is available to every User, however any feature displayed on the Site/App is provided by us on a temporary basis and for promotional purposes, and we reserve the right to:(i) withdraw or amend the promotional features that we provide on our Site/App; and/or (ii) restrict your access to some parts of our Site/App, without prior notice to you. We shall not be liable for exercising our right set forth hereunder.
- Full Access - To access the Services on the App (including the educator module) and view full contents of the Site/App, you will need to register on the Site/ App and you will be able to access after you create a “Registered User” account. In order to become a Registered User, you will be required to furnish certain information and details, including your first name, last name, organisation you are affiliated with (in case of educators), e-mail address, residential address and any other information deemed necessary for registration. Once you complete your registration on the Site/App, the Site/App:
- allows you to have full access and view contents on the Site/ App;
- allows us to contact you and vice versa, if necessary;
- allows you to make use of the free/trial Services and other functionality that we may establish and maintain on the Site/ App from time to time, subject to these terms and conditions.
2) REPRESENTATIONS AND WARRANTIES
By using the Services and completing the registration process, you represent and warrant that: (a) all the information provided by you/your legal guardian at the time of registering is accurate and complete; (b) you/your legal guardian shall maintain the accuracy of such information, and any changes thereto shall be regularly updated; (c) you affirm that you are over 18 (eighteen) years of age or is accompanied by your legal guardian and you/your legal guardian are fully able and competent to enter into, abide by and comply with this Agreement; (d) you (if required represented by your legal guardian) are competent in accordance with applicable laws to enter into a binding contract and are not a person barred from using the Site/App and/or receiving the Services under applicable laws; and (e) you (if required represented by your legal guardian) are entitled to use the Site/ App in compliance with applicable national and international laws. We shall not be liable for any events arising as a consequence of any inaccurate/untrue representation provided by you on the Site/App.
- Volga Infotech grants you permission to use the Services as set forth in this Agreement, provided that: (i) you will not copy or distribute, any content or part of the Site/App in any medium or in any manner whatsoever without Volga Infotech’s explicit authorisation in this regard; and (ii) you will otherwise comply with the terms and conditions of this Agreement.
- Upon completing the registration process, you will be provided with a username, password, or any other similar piece of authentication information, as may be required by our security procedures. You must treat such information as confidential, and you must not disclose it to any third party. Volga Infotech has the right to disable any username/account, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of this Agreement. You will immediately notify Volga Infotech of any unauthorized use of your password or username, by sending details of such unauthorized use to email@example.com.
- You are responsible for making all arrangements (hardware, software, etc.) necessary for you to have access to our Site/App and, thereby the Services. You are also responsible for ensuring that any persons who access our Site/App and, thereby the Services through your account are aware of these terms, and that they comply with them. You are also solely responsible and liable to Volga Infotech for all activities that take place or occur under your account from your devices. You agree that your ability to log into your account is dependent upon external factors such as internet service providers and internet network connectivity and we shall not be liable to you for any damages arising from your inability to log into your account.
- Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload/post material, content, information, feedback, comments, questions, answers, data, documents, pictures, and other information (“User Material”) on the Site/ App, you must ensure (in case of a child your legal guardian must ensure) that your User Material must not violate the following standards (“User Material Standards”), i.e., must not:
- belong to another person and contain any information that breaches his privacy;
- be defamatory, obscene, offensive, pornographic, hateful, harmful, insulting or harassing on the basis of gender, defamatory, vulgar, lewd, blasphemous, lascivious, invasive of another’s privacy (including bodily privacy), racially, ethnically or otherwise objectionable or inflammatory, disparaging, relating or encouraging money laundering or gambling or violating laws of any jurisdiction in force (including data protection laws);
- promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- infringe any intellectual property including copyright, database right or trademark of any other person;
- be in violation of any legal duty owed to a third party, terms of a contract or confidence;
- be likely to harass, upset, embarrass, alarm, or annoy any other person or be harmful to child/minors;
- impersonate any person, or misrepresent your identity or affiliation with any person;
- advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
- contain a statement which you know or believe, or have reasonable grounds for believing, that if published is likely to directly or indirectly encourage or induce others to commit, prepare or instigate such person to commit an acts of terrorism;
- be such that it is known by you to be false, inaccurate, or misleading;
- contain any computer/software viruses, any computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource or other program for potentially damaging or limiting the functionality of any computer programs or files.
- threatens the unity, integrity, sovereignty of a state, friendly relations with foreign states or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting to another nation; and
- is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
- we may at our discretion take down any such User Material immediately;
- give effect to your immediate withdrawal (temporary or permanent) of your right to use the Services and simultaneous termination/suspension of your account (temporary or permanent) on the Site/App;
- immediate removal (temporary or permanent) of any other User Material already posted on the Site/App, upon your failure to cure the breach that is brought to your notice;
- initiate legal proceedings against you seeking legal, injunctive, or other equitable remedy; and/or
- disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
- By submitting User Material, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such User Material in any and all media or distribution methods (now known or later developed), to the extent it does not include any personal information, unless it is required for the provision of the Services. You agree that others may use your User Material in the same way as any other content available through the Services. If you delete your account, your User Material may remain available through the Services. You understand that, Volga Infotech while performing the required technical steps to provide the Services to our other Users, may: (a) transmit or distribute your User Material over various public networks and in various media; and (b) make such changes to your User Material as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that the license provided by you shall permit Volga Infotech to take these actions. You warrant to Volga Infotech that you have all the rights, power, and authority necessary to grant the above license.
- Distribute, download, sell, supply, modify, adapt, amend, incorporate, merge, or otherwise alter the information/content provided to you as part of the Services or the Site/App;
- Attempt to decompile, reverse engineer, or otherwise disassemble any Service or content provided to you as part of the Services or the Site/App;
- Attempt to copy any software provided to you as part of the Services or the Site/App and its source code, or attempt to decrypt any part of such software that is provided to you;
- Create any derivative work or version of any software/information/content provided by us in relation to or to facilitate the use of our Services or any content provided as part of the Services;
- Remove, from the Services or any content provided as part of the Services, any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures, or any other like marks affixed to or embedded in the Services;
- Use the Services or any part of it to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content;
- Use Volga Infotech’s domain name i.e., Talking Rhino’s or a domain name which is similar to Talking Rhino’s domain name;
- Access or use of the Site/App in any manner that could damage, disable, overburden, or impair any of the Site/App’s servers or the networks connected to any of the servers on which the Site/App is hosted;
- Access or attempt to access any content that you are not authorized to access by any means;
- Access the Site/App through any other means other than through the interface that is provided by us;
- Alter or modify any part of the Services/ content provided as a part of the Services; and
- Disrupt or interfere with the security of, or otherwise cause harm to the Site/App, materials, system resources, or gain unauthorized access to the user accounts, passwords, servers or networks connected to or accessible through the Site/App or any affiliated linked sites.
- Upon termination/suspension of your account, you will no longer be able to access your account or any User Material or data you have stored on the servers. All licenses granted to you by Volga Infotech to you on the Site/App or the Services will automatically terminate.
5) RIGHTS RESERVED BY VOLGA INFOTECH
- We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other User of the Services.
- We have the right to investigate and report to authorities for prosecution for the violations of the terms and conditions of this Agreement to the fullest extent of the law and may involve and cooperate with law enforcement authorities in prosecuting Users who violate the terms and conditions of this Agreement.
- While we have no obligation to monitor your access to or your use of the Services/ content (or any feature or part of the Services), we have the right to do so for the purpose of operating the Site/ App and providing the Services, to ensure your compliance with the terms and conditions of this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
- Upon receiving actual knowledge in the form of an order by a court of competent jurisdiction or on being notified by the Appropriate Government or its agency under applicable law, we will discontinue from hosting, storing or publishing any unlawful information and we will remove or disable access within 36 (thirty six) hours, to that information which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of any state; security of the state; friendly relations with foreign states; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, or any information which is prohibited under any law for the time being in force.
- Any information collected from you during registration, shall be retained by us for a period of 180 (one hundred and eighty) days after any cancellation or withdrawal of his registration.
- We shall be entitled to report any cyber security incidents and share related information (including your User Materials, identity and/or Personal Information) with the court, governmental agencies having jurisdiction on us, the affected parties, Indian Computer Emergency Response Team in accordance with the policies and procedures as mentioned in the Information Technology (The Indian Computer Emergency Response Team and Manner of Performing Functions and Duties) Rules, 2013 and/or any other emergency response team set-up by the relevant government to deal with data and other security breaches.
- Subject to the receipt of a complaint/grievance from a User, we have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse, or remove any or all Content from any Service. Volga Infotech may (but shall be under no obligation to) use tools to filter out explicit sexual content or any content which it deems to be unsuitable at its sole discretion.
- We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce the terms and conditions of this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of Volga Infotech, its Users and the public. Volga Infotech shall not be responsible or liable for the exercise or non-exercise of its rights under the terms and conditions of this Agreement in this regard.
- We reserve the right to introduce or change the Consideration of any and all Services. Notice of such change may be provided at any time by posting the changes on the Site/App itself.
- Volga Infotech shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.
- The Site/App may sometime contain links to other web sites or resources for your convenience to provide further information. Given that we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. You shall not create a link to the Site/App from another website or document without the Volga Infotech's prior written consent.
- The Site/App provides the Users with access to information and related sources. Such information is provided on an “As Is Basis” and we assume no liability for the accuracy or completeness or use or non-obsolescence of such information. We shall not be liable to update or ensure continuity of any information/content contained on the Site/App. We would not be responsible for any errors which might appear in (i) such information/content; (ii) information/content which is compiled from third party sources; or (iii) for any unavailability of such information.
- Certain contents on the Site/App may contain opinions and views of third parties. Volga Infotech shall not be responsible for such opinions or any claims resulting from them. Further, Volga Infotech makes no warranties or representations whatsoever regarding the quality, content, completeness, or adequacy of such information and data.
- Volga Infotech has the right to change modify, suspend, or discontinue and/or eliminate any aspect(s), features, content or functionality of the Site/App or the Services, as it deems fit at any time without any requirement of prior notice.
- Some parts of the App/Site are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. Volga Infotech reserves the right at its sole discretion to remove, review, edit or delete any content. However, Volga Infotech will not be responsible or liable for any User Material or any content uploaded by Users directly on the Site/App, irrespective of whether we have certified any answer uploaded by the User. Volga Infotech would not be responsible to verify whether such questions/answers or any material placed by any user contain infringing or unlawful materials or not.
- While Volga Infotech has made commercial efforts to make itself aware that the educators providing services through the Site/App are educated and belong to teaching organisations, in order to enable quality control. However, Volga Infotech makes no warranties or representations whatsoever regarding the quality and competence of such educators and would not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Volga Infotech reserves the right and discretion to take any action in this regard.
- Access to certain elements of the Services may be subject to the provisions of this Agreement and fair usage policy. Volga Infotech reserves the right to determine the criteria for provision of various elements of Services to the different categories of Users based on its policies. Hence, subscription to the Services or registrations as a Registered User do not automatically entitle the User to any and all elements of Site/App/Services provided by Volga Infotech. Volga Infotech shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements of Site/App/Services. Volga Infotech reserves the right to extend, cancel, discontinue, prematurely withdraw or modify any part of the Services at its discretion.
- Volga Infotech makes no commitment, express or implied, to maintain or continue any aspect of the Site/App. You agree that Volga Infotech shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site/App /Services.
- You agree that your use of the Site/App/Services shall be at your sole risk. You expressly understand and agree that, to the maximum extent permitted by applicable law, the Site/App/ Services are provided on an “As Is” and “As Available” basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Volga Infotech shall use all reasonable endeavours to ensure that the Site/App/ Services are capable of being used in an uninterrupted manner but it does not guarantee or warrant that: (i) the Site/App/ Services will meet your specific requirements; (ii) the Site/App/ Services will be uninterrupted, timely, secure, or error-free; and (iii) the quality of any Services, content, information, or other aspect availed, purchased or obtained by you through the Site/App will meet your expectations; and (iv) any errors in the Services/Site/App will be corrected by Volga Infotech at its discretion.
- You acknowledge that you have carefully read the terms and conditions of this Agreement and fully understand that they include and incorporate a comprehensive and binding release of liability by you in respect of Volga Infotech and its employees, directors and officers. Under the terms of this Agreement herein, you expressly agree to release and discharge Volga Infotech and its employees, directors and officers from any and all claims or causes of action and you agree to give up, release or waive any right that you may otherwise have to bring any such legal action against them in the form of indemnity, damages, tort claim or equity claim. For the avoidance of doubt, to the extent lawfully permitted, the release and waivers set out in this clause 7 above includes any action under the tort of negligence (whether such negligence is founded in statute, common law or otherwise).
7) INTELLECTUAL PROPERTY
- All right, title, and interest in usage of the terms of this App/Site/content/Services, including but not limited to all texts, graphics, user interfaces, visual interfaces, computer code and any other information associated therewith are reserved by us.
- All right, title, and interest in and to the App/Site/content/Services are and will remain the exclusive property of Volga Infotech and its licensors. Any use of this App/Site/content/Services, including copying or storing it, in whole or part, is prohibited.
- By accepting the use of terms hereunder you agree that the Volga Infotech does not transfer/assign the title of the Site/App to you, and nothing in the terms and conditions of this Agreement shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) stands transferred/assigned to you, we retain the full and complete right, title and interest to the Site/App, and all intellectual property, title and interest to the Site/App, and all intellectual rights therein. You shall not redistribute, sell, decompile, reverse engineer, dissemble, or otherwise reduce the Site/App or the contents therein in any manner which is contrary to this Agreement.
- Any usage of the App/Site/content/Services, without the written authorization of Volga Infotech, shall be considered a breach of this Agreement, and you shall be required to indemnify Volga Infotech for all liability incurred in this regard.
8) INDEMNITY AND LIMITATION OF LIABILITY
- You agree to defend, indemnify and hold harmless Volga Infotech, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service/Site/App/content; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation, any copyright, property, or privacy right; or (iv) any claim that your User Material caused damage to a third party. This indemnification obligation will survive this Agreement and your use of the Service and/or the Site/App.
- The content/material displayed on our Site/App is provided without any guarantees, conditions, or warranties as to its accuracy. Volga Infotech is not liable for:
- conditions, warranties, and other terms, which might otherwise be implied by statute, common law, or the law of equity;
- Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with the Services, our Site/App or in connection with the use, inability to use, or results of the use of the Services or our Site/ App, any Sites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
- for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable or advised of the possibility of the same.
- Our liability to you shall under all circumstances be limited to a maximum of the amount paid by you (if any) at the time of registration on our Site/App to use the Services.
- In the event of you breaching this Agreement, you agree that Volga Infotech will be irreparably harmed and may not have an adequate remedy in money or damages. In such an event, Volga Infotech shall be entitled to obtain an injunction and/or other equitable remedy against such a breach from any court of competent jurisdiction. Volga Infotech's right to obtain such relief shall not limit its right to obtain other remedies.
9) FORCE MAJEURE
- Volga Infotech shall not be liable for any failure to perform or delay in performance of any of its obligations under this Agreement due to Force Majeure. For the purpose of this clause, “Force Majeure” shall mean fire, explosion, flood, earthquake, Act of God, act of terrorism, war, rebellion, riots, sabotage, strike, lockout, stoppage of work, aggravated epidemic, aggravated pandemic, failure or diminishment of power, internet availability or other services not under the control of either of the Parties, governmental or military acts or orders or restrictions, terrorist attack, cyber-attack, power outage or any such events or circumstances which are wholly outside the control of the Volga Infotech and/or any party affected thereby.
- Volga Infotech will use all reasonable endeavours to mitigate the effect of Force Majeure. Should an event of Force Majeure continue for a period of longer than 45 (forty-five) consecutive days and Volga Infotech is still unable to perform its obligation, then Volga Infotech may terminate the arrangement with you under this Agreement upon notice to you without being liable for any compensations or claims.
- Nothing contained in this Agreement should be used as an excuse to delay payment of any dues owed to any Party under this Agreement.
10) GOVERNING LAW
- The jurisdictional court of Mumbai, India shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the Site/ App or the Services. In case you are from a different country, we retain the right to bring proceedings against you for breach of any of the terms and conditions of this Agreement in Mumbai, India or your country of residence, country of use or other relevant country. The laws of Mumbai, India govern this Agreement and these terms and conditions of use of the Services.
- Volga Infotech accepts no liability whatsoever, direct or indirect, for noncompliance with the laws of any country other than that of India, the USA or any other jurisdiction where Volga Infotech officially operates. The mere fact that Site/ App can be accessed or used, or any facility can be availed of in a country other than India or the USA or any other jurisdiction where Volga Infotech officially operates will not imply that we have anything to do with your jurisdiction or its citizens or accede to the laws of such country.
- Assignment: You cannot assign or otherwise transfer your obligations under this Agreement, or any right granted hereunder to any third party. Volga Infotech's rights under the Agreement are freely transferable by Volga Infotech to any third parties without the requirement of seeking your consent.
- Waiver: No failure on the part of any Party to exercise, and no delay on its part in exercising, any right or remedy under this Agreement shall operate as a waiver thereof, nor will any single or partial exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided in this Agreement are cumulative and not exclusive of any rights or remedies provided by Applicable Law.
- Severability: In the event that any provision of this Agreement is determined to be invalid or unenforceable in any jurisdiction, the remaining provisions herein shall remain in full force and effect and shall be liberally construed so as to effectuate the purpose and intent of the parties as stated in this Agreement.
- Relationship: The Parties expressly agree that nothing contained herein shall be deemed to create any association, partnership, joint venture or relationship of principal and agent or master and servant or employer and employee between the Parties hereto or to provide either Party with the right, power or authority, whether express or implied to create any such duty or obligation on behalf of the other Party.
Any feedback You provide with respect to the Site/App/Services shall be deemed to be non-confidential. The Site/App shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that: (i) Your feedback does not contain confidential or proprietary information of you or of third parties; (ii) Volga Infotech is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Site/App/ Services may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Volga Infotech for the feedback under any circumstances, unless specified.
13) Grievance Redressal and Customer Care:
- We make all best endeavours to provide you with a pleasant experience. If you have any questions about the Site/App/Services, please contact us at firstname.lastname@example.org.
Name: Jayesh Bajaj, Chief Dad Officer
Contact Number: 9920559577
Email id: email@example.com
- 13.3. The Grievance Officer shall upon receipt of such complaint - (i) acknowledge the complaint within 24 (twenty-four) hours and dispose-off such complaint within a period of 15 (fifteen) days from the date of its receipt in the manner set-forth in Clause 4.5 hereinabove; (ii) seek/avail requisite advisory, order, notice or direction from the appropriate governmental agency, any competent authority or a court of competent jurisdiction; and/or (b) within 24 (twenty-four) hours from the receipt of a complaint/grievance from you or any person on your behalf, in relation to any content which is prima facie in the nature of any material which exposes your or any individual’s private area, shows such individual in full or partial nudity or shows or depicts such individual in any sexual act or conduct, or is in the nature of impersonation in an electronic form, including artificially morphed images of such individual, take all reasonable and practicable measures to remove or disable access to such content. You can provide us with the requisite details of your grievance/the violation/ violative content or communication link, as may be necessary, to the email-id of the Grievance Officer.