Terms of Use

 

Please read these terms of use carefully before using this website. If you do not agree to this Terms of Use you may not use this Website. By using this Website, you signify your explicit assent to this Terms of Use as well as the Website’s Privacy Policy (which is hereby incorporated by reference herein). 

These Terms of Use sets out the legally binding terms of services available on the Website as well as at the terms of use of this Website. 

These Terms of Use along with the Privacy Policy extends to both users, who visit the Website but do not transact business on the Website (“Users / Guests”) as well as users who are registered with by the Website to transact business on the Website (“Parents/ Teachers”).

The Company reserves the right to modify or terminate any portion of the Website or the Services offered by the Company for any reason, without notice and without liability to you or any third party. You are responsible for regularly reviewing these Terms of Use so that you will be apprised of changes if any.

Nothing in these Terms of Use shall be construed to confer any rights to third party beneficiaries.

  1. DEFINITIONS

    1. “Classes” means the predesigned courses offered by different teachers on the platform and act as vendors to the website.

    2. “Platform” shall mean the website and other modes of communication offered by us in order to promote the classes published by the teachers.

    3. “Teachers” shall mean the vendors of the website whereby the website only acts as a mediator between the teachers are parents. Teachers are the one who provides classes/ courses.

    4. “Parents” shall mean the guardians of the students. The parents shall be willing to get the class registered for their kids.

    5. “Members” shall mean registered user which for the purpose of the website are teachers and parents.

    6. “Purchase” shall mean paying for a service and then getting the service through the teachers

  2. DESCRIPTION OF SERVICES

    1. This Website provides access to classes offered by teachers and other information services related to the classes/ courses offered, the accuracy of the said service is not guaranteed and might be wrong. Certain Services available on this Website are for the use of Members only.

    2. This Website offers services for Members who wish to purchase the classes offered by the teachers for personal consumption which includes their own family i.e. kids.

    3. The Website displays the classes under various categories that are specifically available for purchase. Recommendations on the website are not guaranteed under any circumstances and the Company shall not be held liable for any loss and/or damage suffered by Members who rely on such recommendation.

    4. Sometimes the items may be represented differently than the actual in order to clearly show details or achieve a different perspective. The images of the classes available might also not display the actual colours due to lighting conditions in photography. The Company shall not be liable for any legal action on this account.

    5. The only service provided by the website is to allow the teachers to post their courses/ classes for display for which the website charges a certain commission from the teachers and only acts as a mediator between the teachers and the parents and in no circumstances it shall be construed that the classes are offered by the website and therefore all responsibility for the classes and courses rests on the teacher offering it.

  3. REGISTRATION

    1. Users shall register on the Website to become Members prior to the completion of any transaction on the Website or afterwards.

    2. To register onto the Website the User will have to provide Personal Information (as defined in the Privacy Policy), including but not limited name, e-mail, contact number, contact address etc. these fields may change from time to time as per the requirements of the website.

    3. Registration is only a one time process and if the Member has previously registered, he/she shall log in / sign in into his / her account.

    4. The registration can only be done for teachers or parents and in no circumstances a student/ child shall register the account. In case a child below the age of 18 registers an account, it shall be construed as an account created by the parent/. Guardian and the parent/ guardian shall be responsible for the same.

  4. ORDER
    Any Member who wishes to purchase/book a class from the Website can either:

    1. Add the selected class(s) directly to the shopping cart; or

    2. Choose from the selection of products available on the Website and add the item to the shopping cart; or

    3. In the event of a User willing to make a purchase, the User shall be required to register on the website after adding the class(s) to the shopping cart.

    4. Orders are normally considered complete only after the payment has been received by us.

    5. To confirm the orders, the teacher may call up or send an email to the Members who have placed orders through the Website and ask the Member a verification question. 

    6. Once the purchase of class(s) is confirmed, Kids Class Central:

      1. In the case of a class – forward the request to the concerned teacher with contact information of the booking. The teacher will then send an email or might call the concerned parent for verification and will share the information related to the class like video conferencing links or other material.

      2. In the event the bank rejects to honour any payment transaction made by a Member towards an order, Kids Class Central shall have the right to refuse to conduct the class or to forward the request to the teacher without any liability whatsoever.

  5. CLASS/ SLOT AVAILABILITY & PRICING

    1. Kids Class Central may not own any of the classes listed on the Website. In such cases, Kids Class Central only acts as a mediator for the classes listed on the Website from third party vendors i.e. teachers. 

    2. The classes offered by the teachers have a limited slot availability, such availability depends on specific teachers posting classes on the website and hence there is a possibility that the class booked by the Member might have been booked by other members as well and the slots are no more available. In such cases the classes can not be booked by default functionality of the website.

    3. Class prices vary from one to another where numerous factors like the teacher, reviews, reputation of the teacher, demand of class have an impact on the price of the class. The prices stated on the Website may be substantially higher or lower than the actual prices in the markets.

    4. Infrequently, data may be inaccurately displayed on the Website due to system errors. Kids Class Central reserves the right to correct any and all errors when they do occur and the Company does not honour inaccurate or erroneous prices. The prices on the Website are also subject to change without notice. For any order the price is the prevailing price on the day the order is confirmed. The prices of the classes listed on the Website are fixed and are not negotiable.

  6. ADVANCE PAYMENT

    1. Kids Class Central may, at its sole discretion, request the Member to pay the amount in advance. Failure to pay the amount shall be treated as a cancellation of the order. Any advance amount paid by the Member at the time of placing the order shall not be refunded by Kids Class Central to the Member in the event of cancellation of the order for any reason whatsoever.

    2. We as a mediator shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization of any transaction, on account of the Cardholder having exceeded their pre-set limit.

    3. As a general rule, all the payments will be accepted in advance and order shall not be deemed complete until and unless the said fund is processed and transferred to the account of Kids Class Central.

  7. REFUNDS
    Any payment once made is non refundable, class once ordered can not be exchanged for another and will not be adjusted towards future purchases or other exchanges.

  8. NON TRANSFERABLE
    The class once purchased is non transferable to another account.The class can only be used by the parent ordering the class in the first place.

  9. MODE OF CLASS

    1. The classes shall be conducted online and in no circumstances a member can demand an offline class or a class where a teacher is physically present.

    2. It shall be upon the discretion of the teacher to choose an appropriate mode of online class which may include but is not exclusive to google meet, zoom, skype or microsoft teams.

    3. Parents can not choose the mode of online education and it shall be the sole discretion of Kids Class Central or the teachers at any given point of time.

  10. USAGE OF PROMO CODE ISSUED BY THE COMPANY

    1. Kids Class Central has the right to refuse the usage of any promo code at any point of time. Promo codes which have expired cannot be used on the Website.

    2. Kids Class Central can at any time ask the Member for the proof of having received the promo code.

    3. Promo codes can be used only on specific orders as deemed fit by Kids Class Central.

    4. Applicability of Promo Codes on certain classes, on specific orders, or on specific dates or occasions are at the discretion of Kids Class Central.

    5. Promo codes cannot be clubbed with any other special offer on the site, unless expressly otherwise stated.

  11. TERMS & CONDITIONS OF USE OF THE WEBSITE
    BY USING THIS WEBSITE YOU REPRESENT AND WARRANT THAT:

    1. You do not violate any Law or regulation existing in the country by use of this website.

    2. You are at least 18 years in age or above.

    3. The information provided by you during the registration process is true and correct and its accuracy is best to your personal knowledge which you believe to be true as a prudent man and further you agree to maintain accuracy of such information.

    4. The membership or account on the website is only for personal use and shall not be in any circumstances be used for commercial purpose.

    5. The content and information on the website can only be used for your personal purposes and non commercial at any time.

    6. While using this website for personal use, following restrictions shall be applicable:

      1. While use of the content of the website, the same shall not be modified in any manner which includes, any public display, description, performance, sale, rental, pricing of the product; or any other mode of such intention or requirement.

      2. You shall not decompile, reverse engineer, or disassemble the content, or

      3. You shall not remove or temper with any copyright, trademark registration, or other intellectual property notices or marks from the content. 

      4. You shall not use this website in any manner that may be harmful for the website or its content.

      5. You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” “phishing” and “griefing” as those terms are commonly understood and used on the Internet.

      6. You will not use the Website and / or Services in a manner that is against the law, might harm Kids Class Central or any other person or entity, as determined in the Kids Class Central’s sole discretion.

    7. You will not Publicise, advertise, sell any items, services or otherwise (whether or not for profit), or solicit others or use any public forum for commercial purposes of any kind,

    8. The user shall have no right to modify or use the content from the website over which the user do not own or have express permission to modify or use.

    9. User shall not post, publish, distribute, submit, upload, transmit or make available any software or other computer files that contain a virus or other harmful softwares or data, or otherwise result in causing harm to the Website Services.

    10. Kids Class Central does not undertake that all other users will follow or comply with the terms stated above or any other these terms, and therefore you understand and undertake to assume all risk of harm or injury resulting from any such lack of compliance.

    11. You shall undertake and understand that at several location or pages or in the material you might come across external links that may redirect you to the other websites that are not controlled by Kids Class Central and in such circumstances, any loss or damage occurring thereafter, Kids Class Central shall not be responsible and you shall also undertake that the other websites have their own terms of use and therefore the same shall apply.

    12. The information, content and other material available on the website is expressly owned by Kids Class Central and the same may not be used, reproduced or modified for any use without an express permission from Kids Class Central.

  12. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

    1. Kids Class Central takes all reasonable and possible modes and methods to display the products/classes on the website as accurately as possible. However, Kids Class Central cannot guarantee that your display calibration is perfect or is most capable of showing the information, videos and other images. Kids Class Central does not guarantee the most accurate representation of the classes based on the images and the written content represented. Kids Class Central though tries to price and regulate every product/ class accurately but in case of mis-pricing or wrong mentioning of any price or content, Kids Class Central reserves the right to sell the said product/class and cancel it.

    2. This is not undertaken by the service provider i.e. Kids Class Central and concerned service providers like servers etc, that the website and other related services can run error free and continuously. It is to be understood by the customer that the service might run into error and might shutdown from time to time and might harm the customer’s or user’s machine/device/system for which the user or customer shall be liable.

    3. Any content viewed on the website is viewed or used by the user or the customer at their own risk, any loss or damage arising out of such usage shall not make Kids Class Centralliable.

    4. Kids Class Central is liable for the damages caused by the teachers and the teachers shallot be personally liable for the same. Kids Class Central is also not liable for the third party softwares/ services used by the teachers for conducting the online classes.

    5. You hereby declare that Kids Class Central, Kids Class Central’s distributors, agents, representatives and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, shall not be responsible for any losses, damages, liabilities and costs arising from the use of website.

    6. User undertakes that in no circumstances, Kids Class Central shall be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to:

      1. the use or the inability to use the website or services.

      2. the cost of substitution of goods and services arising out of goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the website and services or

      3. unauthorized access to or alteration of your transmissions or data;

      4. actions of any third party on the website and services; or

      5. any other matter relating to the website and / or services.

    7. Kids Class Central or any of the foregoing entities’ respective resellers, distributors, service providers and suppliers be relieved of all its responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the company’s reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the company or any of the foregoing entities’ respective resellers, distributors, service providers and suppliers. You further acknowledge and agree that neither the company nor any of the foregoing entities’ respective resellers, distributors, service providers and suppliers are responsible or liable for:

    8. any incompatibility between the website and / or services and any other website, service, software or hardware or

    9. any delays or failures you may experience with any transmissions or transactions relating to the website in an accurate or timely manner. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. 

    10. Each paragraph, clause, sub-clause and provision of this terms of use shall be severable from each other and if for any reason any paragraph, clause, sub-clause or provision is invalid or unenforceable, such invalidity or unenforceability shall not prejudice or in any way affect the validity or enforceability of any other paragraph, clause, sub-clause or provision, which shall be read and construed so as to give thereto, the full effect thereof, subject only to any contrary provision of the law to the effect that where this provision of this terms of use or any paragraph, clause, sub-clause or provision hereof would be but for the provisions of this paragraph read and construed as being void or ineffective it shall nevertheless be a valid terms of use, paragraph, clause, sub-clause or provision, as the case may be, to the full extent to which it is not contrary to any provision of the law.

    11. All the contents on the website, of any manner, whatsoever, is Copyrighted work is protected under Indian Copyright Act, 1957. The unauthorized reproduction and distribution of our Copyrighted Work via the internet without our express permission constitute copyright infringement under the Copyright Act, 1957. Your act of infringement of our Copyrighted copyright and proprietary right makes you liable for action in law that includes prosecution under the Code of Civil Procedure, 1908 and Code of Criminal Procedure, 1973.

    12. Any failure of Kids Class Central to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision.

  13. JURISDICTION AND ARBITRATION
    Those who access the website and / or services do so, on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws. These terms of use are governed by the laws of india. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this letter, shall be subject to the jurisdiction of the courts at Jaipur, Rajasthan.

  14. In case of any dispute firstly the matter shall be attempted to be resolved by way of Mediation. In case of failure to reach a resolution by way of mediation, the matter shall be referred to the Arbitrator as per the provisions of the Arbitration and Conciliation Act 1996 at Jaipur, Rajasthan in English. After which the jurisdiction of the court shall arise at Jaipur, Rajasthan.

  15. Additional Conditions and clarifications:

    1. REVIEWS, COMMENTS, COMMUNICATIONS AND OTHER CONTENT
      Users of this website may post reviews, comments and other content; and submit suggestions, ideas, comments, questions, or other information, as long as the content is subtle and not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or injurious to third parties, and does not consist of or contain software viruses, political campaigning, commercial solicitation, mass mailings, or any form of “spam.” In the event a user uses a false e-mail address, impersonates any person or entity, or otherwise misleads as to the origin of any content. Kids Class Central reserves the right (but not the obligation) to remove, refuse, delete or edit any content that in the sole judgement of Kids Class Central violates these Conditions of use and, or terminate your permission to access or use this website.

    2. THIRD PARTY
      Third parties known as teachers and their affiliates may provide services, or sell product lines that are available as classes on Kids Class Central For example, businesses and individuals offer products via Marketplace. We are in any case not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content/services that they are selling on the website. Kids  Class Central does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can inform us through the website when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review the product or service of the third party and the conditions associated with the same before purchasing.

I HAVE READ THE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.