Terms and Conditions

KidsCur, with its principal office at Altilium Technologia LLP, Altilium Group, 1st Floor, Windsor F4 Hulimavu, Bannerghatta Road, Bengaluru, Karnataka 560076 (“we” or “us”), provides you with the KIDSCUR mobile device service (the “App”) under these Terms and Conditions (“Agreement”). As used in this Agreement, ‘you’ or ‘users’ refers to individuals using the App, and to individuals who may use the App to supervise or support other users.

Please carefully go through these terms and conditions, and the Privacy Policy, before you decide to access the App, and avail the services made available by KidsCur. This Agreement and the Privacy Policy together constitute a legal agreement between you and KidsCur in connection with your use of the App (as defined below). By using the App, you unconditionally agree to follow and be bound by both this Agreement and our Privacy Policy. If you do not agree to be bound by and comply with all of the terms of this Agreement, you may not use our App.

TECHNOLOGY LAW

This document is an electronic record in terms of the Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of KidsCur mobile device service.

ELIGIBILITY OF INTENDED USERS

The services provided by KidsCur are only available to users who are at least 18 years old. Under no circumstances should the services provided be used by children under 16 years of age, and we will not knowingly collect personal information from any person we know to be in this age group.

If you discover that a child has been using the App, or that someone has been using the App for or on behalf of a child without consent of the guardians/ parents, please contact us using the information below under “How to Contact Us,” and we will take reasonable steps to delete the child’s information from our active databases.

HEALTHCARE DISCLAIMER

The App should not be used in cases of medical emergencies and KidsCur does not, and should not be considered in any form to be a substitute for a doctor or a hospital. The services provided are not intended to be a substitute for getting in touch with emergency healthcare. Information regarding medications, health, medical advice and otherwise may be provided by third parties, including other users of the App. We cannot accept any liability whatsoever in respect of any such content which is provided by third parties and/or any other users of the App. Any actions you take based on content, notifications and otherwise provided by the App are taken at your sole risk.

PIRACY & SECURITY DISCLAIMER

If you use and/or access the App on or from an Android device which you or someone else rooted or on or from an iOS device which you or someone else jail broke, KidsCur shall not be responsible for the security of your data, including your personal information, and you shall bear all responsibility for any breach, illegal access, loss and/or corruption of such data.

We will investigate suspected violations of this Agreement, or illegal and inappropriate behaviour through the App. Please note that we will fully cooperate with any law enforcement investigation or court order ordering us or directing us to disclose the identity, behaviour or activities of anyone believed to have violated this Agreement or to have engaged in illegal behaviour.

TECHNOLOGY SUPPORT

Although we take reasonable measures to keep the App free of viruses, worms or other code that contain destructive properties, we do not warrant or guarantee that files available for downloading through the App will be free of such contaminations.

YOUR RESPONSIBILITIES

You may not provide access to or use the App thereof for the benefit of third parties or make commercial use of the services provided. You may use the services for your personal use, subject to the terms of this Agreement. Use of and access to the App is void where prohibited. By accessing and using the App, you shall ensure that:

• Your use of the App complies with and does not violate any applicable statute, enactment, act of legislature or parliament, law, ordinance, rule, by-law, regulation, notification, guideline, policy, direction, directive and order of any governmental authority, tribunal, or a court in the jurisdiction of India;
• Any registration information you submit is truthful and accurate, and accurately maintained;
• You consent to receiving messages and promotional material offerings;

As an intended user of our App, you further agree, in continuation of the foregoing, that:

• you will not reproduce, duplicate, copy, sell, resell, or exploit the App, its Content, its software or any portion of any of the foregoing;
• you will not use the App for any purpose in violation of local, state, national or international laws;
• you will not solicit another person’s password or personal information under false pretences;
• you will not impersonate another person or entity or otherwise misrepresent your affiliation with a person or entity, and/or use or access another user’s account or password without permission;
• you will not violate the legal rights of others, including defaming, abuse, stalking or threatening users;
• you will not infringe the intellectual property rights, privacy rights, or moral rights of any third party;
• you will not post or transmit any Content that is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or furthers such activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material;
• you will not publish falsehoods or misrepresentations, including with respect to any medical or health information; and
• you will not post or transmit any Content that is (or reasonably should be understood to be) libellous, defamatory, obscene, offensive (including material promoting or glorifying hate, violence, or bigotry or otherwise inappropriate to the community ethos of the App).

OWNERSHIP OF CONTENT/ INTELLECTUAL PROPERTY

Company name owns the KidsCur App, including any material or Content made available through the App, including our proprietary algorithm, and all intellectual property rights. Except as expressly permitted herein, you may not copy, further develop, reproduce, re-publish, modify, alter download, post, broadcast, transmit or otherwise use any material made available in the App. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the App. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, or trade name of ours or any third party.

TERMINATION

This Agreement is effective until terminated by either you or us. You may terminate this Agreement at any time, provided that you discontinue any further use of the App. If you violate this Agreement, our permission to you to use the App automatically terminates. We may, in our sole discretion, terminate this Agreement and your access to any or all of the App, at any time and for any reason, after notifying you, without penalty or liability to you or any third party. In the event of your breach of this Agreement, these actions are in addition to and not in lieu or limitation of any other right or remedy that may be available to us. Upon any termination of the Agreement by either you or us, you must promptly uninstall the App on all of your devices.

MODIFICATIONS TO THIS AGREEMENT

We reserve the right to update, modify or add to this Agreement at any time. By continuing to use our services and the App after any such changes, you agree to follow and be bound by this Agreement, as modified/ updated. For these reasons, we encourage you to periodically review this Agreement.

CHOICE OF LAW AND FORUM

This Agreement shall be governed in all respects under the laws of India, exclusive of its choice of law or conflict of law provisions. In any claim or action by you directly or indirectly arising under this Agreement or related to the App, you irrevocably agree to submit to the exclusive jurisdiction of settlement through dispute resolution, or for adjudication through tribunals and courts located in India.

SEVERABILITY

If any of the provisions of this Agreement are held to be not enforceable by a court or other tribunal of competent jurisdiction in India, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

CONTACT INFORMATION

All notices to you relating to this Agreement shall be posted on the App or sent to you at the e-mail or physical address, if any, that you provided to us. All notices to us relating to this Agreement may be made either by e-mail to hello@altilium.co.in in writing and sent to Altilium Technologia LLP, Altilium Group, 1st Floor, Windsor F4 Hulimavu, Bannerghatta Road, Bengaluru, Karnataka 560076

Address
Notice shall be deemed given when notice is posted on the App or when the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Last updated: 22-01-2022.