Terms and conditions
IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU SHOULD NOT ACCESS, OR USE THE APP AND SHOULD DELETE ANY VERSIONS OF THE APP AND ANY DATA DOWNLOADED BY YOU WHILE USING SUCH APP.
We, KitmeK Pte Limited (“Kitmek”, “We”, and “Company”) are the owners of a mobile application called KitmeK University (the “App”) and website located at https://kitmek.com/ (the “Website”). The App is an AI based gaming application which offers to play virtual games involving academics from kindergarten to Grade 5, interactive learning with AI teachers, quizzes and puzzles, where the User’s Child can learn languages, academic subjects and participate in several extra-curricular activities in a virtual manner under the supervision and guidance of the User. The Website is provided to You to showcase the Company’s range of service offerings which can be availed by You through the App. The services provided on the App and Website are collectively referred to as the “Services”.
i. “Child” means any person who is a minor in the jurisdiction in which he/she resides (generally under the age of 18) who uses the App under the direct supervision of the User who is its parent or guardian.
ii. “Fees” shall mean the amount paid by You through the App for availing the Paid Services listed on the App and/or Website.
iii. “Online Stores” means Android stores or any other online store or portal where the App would be available for use from time to time.
iv. “Paid Service(s)” shall mean certain products or services available on the App and/or Website which can be availed by You on payment of Fees.
v. “Sponsor” shall mean any person or any form of business entity who seeks to aid the Underprivileged Child under the Sponsorship Programme.
vi. “Sponsorship Programme” shall mean a formal program where Underprivileged Child will be aided with free education by the sponsor.
vii. “Underprivileged Child” shall mean any Child enrolling for the Sponsorship Programme through the User.
viii. “User Account” shall be the account, which the Users shall be required to create on the App to avail the Services.
ix. “User”, “Your” or You” means any person who is an adult in the jurisdiction in which he/she resides (generally above the age of 18) who accesses, downloads, installs the App for the use of his/her Child or accesses the Website to review the service offerings of the Company.
x. “User Data” means any data, information documents or material relating to the User or the Child.
B. SCOPE OF THE APP AND WEBSITE:
i. Scope of Website
The scope of Website is not limited to showcasing of service offerings of the Company which can be availed by the visitors by registering on the App as per the Terms but also be entitled to sell educational content or programmes which shall include but not limited to video lessons , manuals, interactive info graphics , full scale courses . The Website can be accessed using any compatible search engines.
ii. License to use the App:
The Company grants Users a limited, non-exclusive, non-transferable, non-sub-licensable and revocable right to download, install and use the App for availing the Services. You agree and acknowledge that the Paid Services will require You to pay Fees as per these Terms. The App is licensed and not sold to Users and shall only be used as per these Terms.
The App can be downloaded, installed, accessed by the User through the Online Stores on the mobile phones, tablets or any other electronic devices (“Electronic Device”). In order to use the App, Users will be required to register and create a user account with password (“User Account”). The Company encourages You to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with Your User Account. For such registration, You shall be required to provide your email address and authenticate it using a One Time Password (OTP) for availing the Services through the App. Through this User Account you will be eligible for receiving further alerts and instructions related to your purchases on the App.
Users may register on the App through their user accounts with Third Party Platforms (defined below) for availing the Services. As part of the Services, you authorize us to import your login-in credentials, details and personal information dispersed over Third-Party Platforms. “Third Party Platforms” would mean including but not limited to social networking platforms, such as Facebook, LinkedIn, Twitter, Google and other similar platforms.
By registering for User Account through the App, the User represents and warrants that it is of the age of majority in the jurisdiction in which the User resides. In the event, a Child access or
uses the App at any time, it is assumed that User has consented on behalf of the Child. This App is intended for use by a Child solely under the supervision of a User. The Company reserves the right to terminate the User and/ or Child’s access to the App and/or refuse to provide the User and/ or Child with access to the App if it discovers that Child does not have the consent from the User to access or use the App or any information provided by the User and/ or Child is inaccurate or for any other reason at the Company’s discretion. The Services are not available to any Users and/ or Child previously removed by the Company. If You are accessing the User Account to use the Services on behalf of a User, then You represent and warrant that You: (i) are an authorized representative of such User (ii) agree to be bound by these Terms on behalf of such User. We shall not be under any obligation to verify your authority or eligibility. If you do not qualify to be an eligible User, you should not use nor allow any Child to use these Services.
You agree to:
a. provide accurate, authenticated, and true information about yourself;
b. maintain the security of Your passwords and identification as per Terms;
c. promptly update the email address and mobile number listed in connection with your User Account to keep it accurate so that we can contact you; and
d. be fully responsible for all actions through your User Account.
Unauthorized Use; False Information: You shall: (i) notify us immediately of any unauthorized use of your User Account or any other known or suspected breach of security, (ii) use reasonable efforts to stop any unauthorized use of the App or your User Account that is known to You or suspected, and (iii) not provide false identity or information to gain access to or use the App.
The Company also, at its sole discretion, reserves the right to refuse or cancel registration of any User Account which it deems inappropriate.
iv. User Account Security
You will be responsible for maintaining the confidentiality of your User Account and You are fully responsible for all activities that occur under Your User Account. You agree to immediately notify the Company of any unauthorized use of Your User Account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this provision.
You agree to use the App only: (i) for purposes that are permitted by these Terms; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the App by the Sellers or other Users.
v. Maintenance & Support:
Users acknowledge that while the Company may, at its sole discretion, provide maintenance and support for the Website/ App from time to time, the Company shall have no specific obligation whatsoever to furnish such services to Users.
vi. Updates/ Upgrades:
Users acknowledge that the Company may introduce “Updates” to the App which will be available on the Online Stores, without any additional costs. The Users agree to download such “Updates” within reasonable time of such “Updates” being made available on the App.
vii. Sponsorship Program
If You are registering for an Underprivileged Child, You will be required to provide full, accurate and correct information, data or details of the Underprivileged Child (“Underprivileged Child Information”) as required by KitmeK on the “Sponsorship Program page” on the Website and as updated by KitmeK from time to time. In its role as a facilitator between the Underprivileged Child and the Sponsor, the Underprivileged Child Information will be shared by KitmeK with the Sponsor. You agree to be bound by the terms and conditions of the Sponsorship Program as provided by KitmeK from time to time to avail the benefits of the same. If the same are not acceptable to You, You would be denied to get enrolled in the sponsorship program and shall be prompted to proceed with payment of Fees as per these Terms.
C. PROHIBITED CONDUCT:
i. General Restrictions: You agree that You may not and You should ensure that the Child does not: (a) use any software that allows “data mining” or otherwise intercepts or collects information in connection with online and mobile games in relation to this App or any portion thereof; (b) use virtual currency/ items present in the game, outside in the real world or buy for “real” money or sell or swap virtual object, or sell, buy or trade user accounts; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the App / Website; (d) disrupt the normal flow of or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges; (e) interfere with or disrupt the App/ Website or servers or networks connected to the App/ Website, or disobey any requirements, procedures, policies or regulations of networks connected to the App/ Website; (f) copy, distribute, or disclose any part of the Services in any medium; (g) alter or modify any part of the Services without prior written consent of the Company; (h) sell, license, rent reproduce, transmit, publicly display, publicly perform, publish, adapt, reverse engineer, edit or create derivative works from any Services.
ii. Content made available on the App/ Website: You agree that You will not and You will ensure that the Child does not: (a) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, torturous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable through the App/ Website; (b) upload, post, email, transmit or otherwise make available any content that You do not have a right to make available under any law or under contractual or fiduciary relationships; (c) upload, post, email, transmit or otherwise make available any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (d) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam”, “chain letters,” “pyramid
schemes,” or any other form of solicitation; (e) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware or telecommunications equipment; (f) access (or attempt to access) the App by any means other than through the interface that is provided by the Company; (g) use any deep-link, robot, spider or other automatic device, program, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the App/ Website, or in any way reproduce or circumvent the navigational structure or presentation of the App/ Website, materials, or any company property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App/ Website.
iii. Violating laws and rights: You may not, and you should ensure that the Child does not (a) use the App/ Website for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
iv. Solicitation: You may not, and you should ensure that the Child does not use the App/ Website, or any information provided through the App/ Website for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.
v. Impersonation or unauthorized access: (a) You will not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the App; (b) You will not use or attempt to use another’s User Account or personal information; and you will not attempt to gain unauthorized access to the App, through hacking, password mining or any other means; (c) You must not set up a User Account on behalf of another individual, whether minor or otherwise, unless you are authorized to do so.
vi. Developing competing offerings: You will not use, and you should ensure that the Child does not the App/ Website to develop any competing apps, websites or products which are similar or substantially similar to the App/ Website. You understand and acknowledge that if You indulge in any of the prohibited conduct stated above, and it is brought to the notice of the Company, the Company may terminate your right to use the App/ Website and the Services and take any other corrective action as it deems fit.
D. PAYMENT TERMS
If You are registering for an Underprivileged Child, You will have to apply for the Sponsorship Program as per the Terms to avail the Paid Services.
If You are not registering for an Underprivileged Child, to avail the Paid Services listed on the Platform, You will be required to select the applicable Paid Service or search the same on the App and place an order for the same (“Order”). After You have selected the Paid Service, You can proceed to checkout and pay the required Fees through third party payment gateways. Once payment of Fees confirmation notification is received, Your Order is successfully placed to KitmeK. Thereafter, KitmeK will accept the Order within a reasonable time and provide You access to the Paid Services. The Fees paid towards
the Paid Services are non-cancellable and non-refundable. You agree to be bound by the terms and conditions of the third party payment gateways and as such KitmeK bears no liability towards the same.
E. PROPRIETARY RIGHTS OF THE COMPANY:
The App, the Website and all the rights including but not limited to intellectual property rights subsisting under or in relation to the App and the Website are owned by the Company and its affiliates, subsidiaries, licensors, etc. as the case may be. Nothing contained in this section shall be deemed to grant you any rights to the intellectual property rights contained in the App/ Website.
The Company respects copyright, and we prohibit Users from submitting, uploading, posting, or otherwise transmitting any content or details through the App/ Website that violates another person’s or entity’s proprietary rights.
If You believe that the App/ Website contains elements that infringe Your intellectual property rights in Your work, please notify the Company immediately. If we receive any intellectual property right infringement claim notification, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion.
All materials on this App/ Website, including but not limited to audio, images, photographs, software, text, icons, and such like (the “App/ Website Content”), are protected by copyright under the copyright laws or any other relevant intellectual property laws. You cannot use the App/ Website Content, except as specified herein.
There may be proprietary logos, service marks and trademarks found on the App/ Website whether owned/used by us or otherwise. By displaying them on the App/ Website we are not granting you any license to utilize those proprietary logos, service marks, or trademarks. Any unauthorized use of the App/ Website Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE APP, THE WEBSITE AND THE SERVICES PROVIDED THROUGH IT IS ENTIRELY AT YOUR OWN RISK AND THAT THE APP, THE WEBSITE AND THE INFORMATION THEREIN ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APP THE GOODS AND YOUR USE THEREOF. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OF THE APP/ WEBSITE’S CONTENT OR THE DATA SHARED BY OR THE CONTENT OF ANY THIRD PARTY LINKED TO THE APP AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR WITH RESPECT TO THE CONTINUITY OF THE SERVICES ON THE APP, (II) PERSONAL INJURY, OR ANY MENTAL EFFCTS OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APP, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APP/ WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE APP/ WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE APP. THE COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY INFORMATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APP/ WEBSITE OR ANY HYPERLINKED APP OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. IT IS AGREED THAT SOME PARTS OF THE APP ARE INTERACTIVE, AND THE COMPANY ENCOURAGES CONTRIBUTIONS BY ITS USERS AND THEIR CHILD. ANY INFORMATION MADE AVAILABLE BY THE USER AND/ OR ITS CHILD MAY OR MAY NOT BE SUBJECT TO EDITORIAL CONTROL PRIOR TO BEING POSTED AND THE COMPANY ACCEPTS NO RESPONSIBILITY FOR THE SAME. THE COMPANY RESERVES THE RIGHT AT ITS SOLE DISCRETION TO REMOVE, REVIEW, EDIT OR DELETE ANY CONTENT. SIMILARLY, THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONTENT UPLOADED BY USERS DIRECTLY ON THE WEBSITE, THROUGH CHATBOT OR OTHERWISE, IRRESPECTIVE OF WHETHER WE HAVE CERTIFIED ANY ANSWER UPLOADED BY THE USER. THE COMPANY WOULD NOT BE RESPONSIBLE TO VERIFY WHETHER SUCH QUESTIONS/ANSWERS OR CONTENTS PLACED BY ANY USER CONTAIN INFRINGING MATERIALS OR NOT. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGE CAUSED TO ELECTRONIC DEVICE OR ANY OTHER HARDWARE AND / OR SOFTWARE AND/OR INSTRUMENT, INCLUDING LOSS OF DATA OR EFFECT ON THE PROCESSING SPEED, RESULTING FROM THE USER OR ITS CHILDS USE OF THE APP/ WEBSITE AND/ OR COMPATABILITY OF ANY SEARCH ENGINE FROM WHICH THE USER ACCESSES THE WEBSITE. FURTHER, THE COMPANY HAS NO LIABILITY WITH RESPECT TO ANY OPINIONS, STATEMENTS OR COMMUNICATION THAT THE CHILD MAY HAVE WITH ANY OTHER USER/S OR CHILD THROUGH THE CHATBOT. THE WEBSITE/ APP MAY HAVE REFERENCES TO CERTAIN PUBLIC FIGURES SUCH AS WELL-KNOWN AUTHORS, STUDY MATERIAL AND OTHER THIRD PARTY WEBSITES AND THE SAME IS INCLUDED ONLY FOR REPRESENTATIONAL PURPOSES.
THE KITMEK, ITS WEBSITE OR THE APP ARE MERE FACILITATORS BETWEEN THE UNDERPRIVILEGED CHILD AND THE SPONSORS UNDER THE SPONSORSHIP PROGRAM. FOR SAKE OF CLARITY, KITMEK WILL NOT BE LIABLE FOR ANY DELAYS, ACCEPTANCE OR REJECTIONS OF THE SPONSORS TO ANY UNDERPRIVILEGED CHILD UNDER THE SPONSORSHIP PROGRAM. THE SPONSORS PROVIDE THE FINANCIAL AID AT THEIR OWN DISCRETION UNDER THE SPONSORSHIP PROGRAM AND MAY SEEK ADDITIONAL UNDERPRIVILEGED CHILD INFORMATION TO PROVIDE THE SPONSOR. IF YOU ARE NOT COMFORTABLE PROVIDING ANY UNDERPRIVILEGED CHILD INFORMATION, YOU CAN OPT OUT OF THE SPONSORSHIP PROGRAM.
G. THIRD PARY WEBSITE LINK
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to:
i. Your or the Child’s misuse of the features/Services available on the App/ Website;
ii. Any breach of these Terms;
iii. Any breach of applicable laws, rules, and regulations;
iv. Your or the Child’s use of and access to the Services available on the App/ Website, for any illegal purposes or in an unauthorised manner;
v. Any gross negligence or wilful misconduct;
vi. Access by a Child without consent of parent or legal guardian.
I. LIMITATION OF LIABILITY:
THE COMPANY SHALL NOT BE RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR ANY LOSS, LIABILITY, DAMAGE, WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL, PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY THIRD PARTY (INCLUDING YOUR COMPANY), AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF THE APP OR WEBSITE, ANY PERSONAL INFORMATION CONTAINED ON THE APP. IN PARTICULAR, NEITHER THE APP NOR ANY THIRD PARTY OR DATA OR CONTENT PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR CORPORATION WHATSOEVER FOR ANY LOSS, LIABILITY, DAMAGE, WHETHER DIRECT OR CONSEQUENTIAL, PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION, OR TERMINATION THEREOF.
The Company reserves the right to terminate your right and access to use the App/ Website with or without any reason whatsoever. Additionally, your right to access and use the App/ Website terminates automatically upon your material breach of these Terms.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable laws provisions will survive any termination of these Terms.
K. FORCE MAJEURE:
Without limiting the foregoing, under no circumstances shall Company be held liable for any damage or loss due to deficiency in performance of the App/ Website resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, equipment failures, telecommunication equipment failures, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots.
i. Conflict of Terms:
If there is a conflict or contradiction between the provisions of these Terms and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module, and only to that extent.
Any provision of any relevant terms and conditions including these Terms, policies, and notices, which is or becomes unenforceable in any jurisdiction, whether due to being void, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as void and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
iii. Applicable laws and Dispute Resolution:
These Terms shall be construed and governed by the laws of India and the courts in Pune, India shall have an exclusive jurisdiction to adjudicate any subject matter under these Terms.
iv. Electronic Record:
This document is an electronic record in terms of the applicable laws of the land including without limitation Electronic Transactions Act, 2010, as amended from time to time.
v. Change in Terms:
The Company may update these Terms without notice to you. You are encouraged to check these Terms on a regular basis to be aware of the changes made to it. Your continued use of the Website after such change shall be deemed to be your acceptance of the revised Terms.
The Terms were last modified on 9th January 2023.