- Welcome to the website of Vibgyor Kids, which is owned by Eduspark International Private Limited, a company (herein referred to as the “Company”), who is the registered owner of the Trademark “Vibgyor”.
- These terms and conditions (“Agreement”) govern the use of the website and the services provided on the website www.vibgyorkids.com __________________ (“website”) (“Services”) and form the entire agreement and understanding between the entities who visit / browse through the website or subscribe to the Services (“User” / “you”) and Vibgyor Kids (“Vibgyor” / “us” / “we”).
- Please read this Agreement and its terms and conditions carefully before using the website or the Services there under. By continuing to browse and use this website and / or by subscribing to the Services provided on the website you are agreeing to comply with and be bound by the terms of this Agreement which govern Vibgyor’s relationship with you in relation to your visit / browsing this website and the Services which you purchase / order / procure through this website. If you disagree with any part of the terms under this Agreement then you may not access the website and / or the Services.
- Vibgyor may at its sole discretion change, alter or modify this Agreement at any time without notice to anyone. Such changes, alterations or modifications shall be made effective for all users upon posting of the modified Agreement on this website and you are responsible to read this Agreement from time to time to ensure that your use of the Services remains in compliance with this Agreement.
- The content of the pages of this website and the Services are owned by us and notand not open for free use. You cannot use the Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and any other proprietary rights and data protection and privacy.
- User’s use of any information or materials on this website or the Services is entirely at the User’s own risk, for which we shall not be liable. It shall be the User’s own decision and responsibility to ensure that any Services availed through this website meet the User’s specific requirements.
- This website contains details of Services whose material is owned by or licensed to us.
- The information/content contained in or referred to on this website is provided on an “AS IS”, ‘’AS AVAILABLE” and “WITH ALL FAULTS BASIS” and without any representations or warranties, express or implied. To the fullest extent permitted by law, we hereby disclaims all warrantiesall warranties of any kind, including, without limitation, all implied warranties of merchantability and fitness for a particular purpose, or guarantee as to the accuracy, timeliness, performance, completeness, non-infringement or suitability relating to the website or of the information and materials found or offered under the website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies, omissions or errors and we expressly exclude liability for any such inaccuracies or and make no warranties with regards to the website and/or Services. We further make no warranties that the website will be error-free or that anythat any errors will be corrected, or that the website or the server from which the website is operated will be free of viruses or other potentially harmful codes. We shall not be liable for any damages arising out of or in connection with the use or performance of website and/or the Services.
- We endeavour to keep the information in the website up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the content or the information, Services contained therein. Any error, mistake, discrepancy or omission noted may be brought to our notice which shall be taken care of in future.
- Every effort shall be made to keep the content available. However, we take no responsibility for, and will not be liable in the event of the same being temporarily unavailable due to technical issues beyond our control.
- Unauthorized use of data on this website including the Services may give rise to a claim for damages and/or be considered, treated and dealt with as a criminal offence.
- UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, POSTING, TRANSMITTING OR DUPLICATING OF ANY OF THE MATERIAL IS STRICTLY PROHIBITED.
- From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).
- You may not create a link to this website from another website or document without Vibgyor’s prior written consent.
PERSONAL, NON-EXCLUSIVE, NON-ASSIGNABLE AND NON-TRANSFERABLE RIGHT
- Vibgyor hereby grants to the User a personal, non-exclusive, non-assignable and non-transferable right to access the Services of Vibgyor solely for personal use of the User. The User cannot grant access to the techniques and practices associated with Vibgyor’s Services and offerings or any rights therein to any third party. Further, the User gives an unconditional undertaking to Vibgyor that it shall not otherwise use or exploit Vibgyor’s offering for any use or purpose except as expressly set forth herein.
- Your use of our Services provided for herein is solely for your personal use. Any use of Vibgyor’s offerings other than the specified personal purposes is prohibited. Your personal use shall be subjected to the conditions and restrictions laid down by Vibgyor from time to time as set forth in this Agreement.
INTELLECTUAL PROPERTY RIGHTS
- Vibgyor is the sole and exclusive owner and retains all title, copyright and other proprietary rights in its offerings of all the material and content on this website. Any developments in any offering of Vibgyor including without limitation inventions, design, layout, images, documents, files, trade secrets, photographs, content, graphics, sound, videos, trade-dress, trademarks, patents, inventions, copyright (“Vibgyor Content”) is the sole and exclusive property of Vibgyor and is protected by all the applicable laws, including without limitation copyright, trademark, trade-names, patents, designs, internet domain names, data protection, IT Act, privacy and publicity rights and other rights and statutes. Use of any Vibgyor Content without the prior express written permission of Vibgyor is strictly prohibited. All rights, title, ownership, intellectual property rights and proprietary rights in the Vibgyor Content shall always remain with Vibgyor and shall not pass on to the User or any third party at any time.
- All information, content and material, including the software, text, images, graphics, video and audio and the offerings and Services are property of Vibgyor. All intellectual property rights including but not limited to trademarks, service marks, trade names displayed on this website or under the Services are proprietary to Vibgyor. No information, content or material under the Services may be copied, downloaded, reproduced, modified, republished, uploaded, posted, shared, disseminated, transmitted or distributed in any way without obtaining prior written permission from Vibgyor and nothing shared shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to Vibgyor to the User.
- The User does not acquire any rights, express or implied other than those specified in this Agreement. The User agrees to secure and protect access and usage of Vibgyor’s offerings and rights therein. Violation of Vibgyor’s intellectual property rights shall be the basis for immediate termination of the Services, which shall be in addition to and not in lieu of any remedies available to Vibgyor under law.
- Upon knowledge of any unauthorized possession, use of, or access to, Vibgyor’s offerings, the User shall promptly notify Vibgyor and furnish Vibgyor with full details of the issue, assist in preventing any recurrence thereof and cooperate in any litigation or other proceedings necessary to protect the rights of Vibgyor.
- The User shall make all efforts to protect the Intellectual Property Rights of Vibgyor and in connection with the execution and performance under this Agreement, the User shall not infringe any patent, copyright, trade secret, trademark, work right or any other proprietary right of Vibgyor.
- All intellectual property rights reproduced in this website which are not the property of or licensed to us are acknowledged.
- All information on this website including all information provided under the Services are the proprietary and confidential information belonging to Vibgyor (“Confidential Information”).
- The User agrees that at all times the User shall not disclose, divulge, disseminate to and/or share with any third party the Confidential Information.
- The User agrees that User shall not duplicate, reproduce, divulge, share, disseminate, transmit, create derivative works or distribute any such Confidential Information.
- The secrecy of the Confidential Information disclosed pursuant to this Agreement shall survive the termination of this Agreement.
- The User agrees that through this Services offerings, the User will have access to and becomes acquainted with the Confidential and proprietary information of Vibgyor and that the unauthorized use or disclosure and any breach of these terms and conditions would cause irreparable harm injury, loss, prejudice and damage, the extent of which would be impossible to ascertain and for which monetary damages would not be adequate remedy. Accordingly, the User agrees that, in addition to any and all legal remedies available to Vibgyor for the User’s breach of these terms and conditions, Vibgyor shall be entitled to injunctive and other equitable relief.
REMEDY FOR BREACH
- In the event of breach of the terms and conditions of this Agreement the User shall be promptly liable to indemnify and reimburse /refund Vibgyor for all the costs, losses and damages caused to Vibgyor as a result of such a breach.
- In the event of the User’s breach of this Agreement, the User agrees that Vibgyor will be irreparably harmed and will not have an adequate remedy in money or damages. Vibgyor therefore, shall be entitled in such an event to obtain an injunction against such a breach from any court of competent jurisdiction immediately. Vibgyor’s right to obtain such relief shall not limit its right to pursue other remedies.
- The User shall defend, indemnify and hold Vibgyor and its parents, subsidiaries and commonly owned or controlled affiliates, group entities and their respective officers, directors and employees harmless from all claims, damages, liabilities and expenses (including reasonable attorney’s fees and permitted and authorized costs) arising out of or in connection with liabilities or obligations imposed or attempted to be imposed upon Vibgyor by breach of this Agreement or as a result of claims by third parties. Such indemnification is in addition to Vibgyor’s right to terminate for a breach of representations and warranties and is not a waiver or limitation of Vibgyor’s other rights or remedies.
- You hereby agree to indemnify, defend, and hold Vibgyor, and its parents, subsidiaries and commonly owned or controlled affiliates, group entities and their respective officers, directors and employees harmless from and against any and all losses, damages, claims, liabilities and costs arising from your use of this website or the Services hereunder.
LIMITATION OF LIABILITY
Under no circumstances, including negligence, shall Vibgyor shall be held liable for any incidental, special, punitive or consequential damages, loss and expenses of any kind, (including without limitation, personal injury, property damages, lost profits and damages arsingarising from computer viruses, lost data, unauthorised access to or use of site servers or any personal information stored therein, or any interruption or cessation of operation of the Website) arising out of or in any way connected with the use of the Website/ Applications/ Services or products or any information contained on the Website, or your use of or inability to use the Services, or the performance of the Services, any action taken in connection with copyright or other intellectual property owners or other rights owners, any errors or omissions in the Services’ technical operation; or any damage to any user’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction.
The foregoing limitations of liability will apply even if any of the events or circumstances were foreseeable and even if Vibgyor were advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort (including whether caused, in whole or in part, by negligence, force majeure, telecommunications failure, or destruction of the Services).
Any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax or sent by registered mail or by courier to each of the parties in accordance with the most current contact information you have provided to us, and the contact information for us will be the address posted on the website. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission.
CONSENT TO CONTACT/MARKET
By visiting / browsing our website and /or availing the Services, the User explicitly agrees and gives a free and unrestricted consent to Vibgyor to contact the User through all modes of communication including but not limited to sms, email, mobile, telephone, etc. to connect, call and to give notifications on various Services, updates, offerings, marketing of the Services that Vibgyor provides and for receiving feedback. Therefore, the User holds Vibgyor non liable to any liabilities including financial penalties, damages, expenses in case the Users mobile number is registered with the Do not Call (DNC) database.
We shall in no event be liable for any delay or failure to comply with this Terms and/or to perform, fulfill, observe, discharge, carry out, honor any of the contractual terms, conditions and our obligations, if such delay or failure or suspension or hindrance arises or results directly or indirectly due to the occurrence of any unforeseen event, circumstance, cause, contingency beyond our reasonable control. As used herein, “Force Majeure” shall mean any unforeseen event, circumstance or cause or contingency outside our reasonable control to seek the protection of this clause including but not limited to any acts of God, like earthquake, perils of the sea or air, flood, or any drought, explosion or any accident, fire, lightning, wind, storm, (and any other Acts of God); any reasons like war, epidemic, pandemic, biological war, medical disaster, civil commotion acts of criminals or of public enemy, insurrection, blockade, embargo, terrorism or sabotage in each case; any blockade or embargo, notice, law, order, rule, regulation or notification, proclamation, demand, act or requirement of the Government and/or any other public body or authority or of the Court and/or any Act or Ordinance; any event or circumstances of a nature analogous to any events set forth above affecting our activities to seek the protection of this clause herein.
Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under the Applicable Law but if any provision of this Agreement is prohibited or rendered invalid under the Applicable Law, such provision shall be ineffective to the extent of such prohibition or invalidity without invalidating the remainder of such provision or the remaining provisions of this Agreement.
No failure or delay by a party in the exercise of any right arising from this Agreement shall be regarded as a waiver thereof nor shall any single or partial exercise of any right preclude an additional or further exercise thereof or the exercise of any other right. To be effective, each waiver of any right herein must be in writing and signed by the party waiving its right and such waiver may be made subject to any conditions specified therein.
We shall undertake all reasonable efforts to address your grievances at the earliest possible opportunity. You may contact it at:
This Agreement, as may be updated from time to time and posted on the website represents the complete agreement and understanding between us with respect to the browsing / usage of the website and/or the Services and supersedes any other written or oral agreement.