Updated 19th May 2022
Important:
For all purchases made on Bablr iOS App, Apple App Store, Apple standard terms (Apple EULA) apply which can be accessed from the link below.
Apple End User License Agreement
For all purchases made on Bablr Android App and/or Google Play Store, certain policies of Google may apply which can be accessed from the link below.
In addition, the following terms and conditions constitute an agreement between you “You – the “Platform User” and/or the “Product User” (defined below) and Neosap India Private Limited (Bablr) an entity registered under the Indian Companies Act 2013 which is the operator of the Bablr website www.gobablr.com (Bablr Website or Website or WebApp) and reseller of access to Bablr mobile applications (Bablr mobile applications or mobile applications) for Android and iOS, Bablr tablet applications (Bablr tablet applications or tablet applications) for Android and iOS and the provider of Bablr Materials Boxes which together constitute Bablr Early Learning System (“Platform”).
Bablr is in the business offering early learning programmes and systems for children below 6 years. These programmes and systems involve the use of digital content and/or physical materials by parents or other caregivers with their children for conducting learning activities. Bablr’s offerings include Bablr Product (defined below), its online services such as software facility on its website to book and purchase the Bablr Product, and other Services (“Services“), mobile applications, tablet applications, information, articles, news, blogs and text, graphics, images and information obtained from service providers and any other items such as the material boxes provided as part of the Platform (“Materials“).
“Bablr Product” or “Product” shall mean and include the following as one, some or all of:
“Bablr Platform” or “Platform” shall mean and include the following as one, some or all of:
By using the Bablr Platform, and/or by registering with Bablr and/or by buying Bablr Product you signify that you agree to these Terms & Conditions of Use (ToS) and the Privacy Policy of Bablr. These ToS are compliant with the Indian IT (intermediaries’ guidelines) Rules, 2011 passed under IT Act, 2000.
Bablr offers the Platform and the Product “as is” and without warranties. Bablr and the Platform would serve to any Platform User (defined below) that visits this Platform including prospective customers or their relatives/friends or registers on the Platform to the best of the abilities. Your browsing and/or registration on the Platform implies your unconditional acceptance of these ToS and the Privacy Policy, which is incorporated herein by reference which will be final and binding. If you disagree with these ToS and the Privacy Policy, please do not access or use this Platform.
Bablr reserves the right to unilaterally change, as may be required from time to time, the ToS of the Platform, Product and its Services and Materials without notice. We will advise you to read the ToS for regular changes each time you visit the Platform or use any of its services. Bablr reserves the right of deleting any account or information contained on the platform without notice for any reason whatsoever.
Terms & Conditions of Use (ToS)
Bablr offers early learning programmes and systems for children below 6 years. These programmes and systems involve use of digital content and/or physical activity materials by parents or other caregivers with their children. Bablr accepts no responsibility for any medical, legal or financial consequences or implications arising out of the use of the Platform, including any Services or Materials. The Platform disclaims any warranties expressed or implied connected with use of the Platform including its quality, availability or accuracy, which are provided on an “as is” basis.
1. Using the Bablr Platform:
All users of the Platform must be eighteen years or older. The Users shall be the parent and/or the caregiver of the baby or their friends or relatives (“Platform User”). A Platform User is responsible to verify that the use of this Platform is for lawful purposes only. Therefore, any Platform User who accesses the Platform from within India or outside India shall access the Platform entirely at his own risk and remain responsible for the compliance with the laws of his jurisdiction. It is clarified that Bablr makes no claim that the contents on the Platform, are appropriate, accurate, reliable, or updated, suitable or complete or may be downloaded in a particular jurisdiction and your use of the Platform shall be at all times be solely at your discretion and risk and you indemnify Bablr at all times against any unlawful use by you. In addition to the provisions relating to the absence of liability of the Platform, which is accessed through Bablr website and Bablr mobile apps and Bablr tablet apps, the indemnity from the Platform User to Bablr on the use of the Platform for lawful purposes and in compliance with the laws of his/her jurisdiction within or outside India shall survive the expiration or termination of these ToS for any reason whatsoever.
2. Facilities provided on the Bablr Platform:
Any Platform User can register on Bablr Platform for free and can access free content. But Platform User has to buy a valid Bablr Offering or Package or Subscription or Service and keep it active to also become a Product User. By becoming a Product User, the Platform User gets access to Bablr Product and Bablr Services as mentioned in the specifications of the purchase made.
3. Registration on the Bablr Platform:
Bablr provides for free online registration to its Platform Users. Bablr accepts registration of user and shall provide Product and certain Services on payment through the payment process implemented from time to time. Upon the purchase of a Bablr Packages or subscription or any other offerings described on the purchasing pages of www.gobablr.com, the Platform Users also become the Product Users (“Product Users”). As a Platform User you shall at all times maintain secrecy and confidentiality of the log in id and/or password and/or registered mobile number and/or registered email id and/or one time passwords as applicable and allocated to you by Bablr. At no time will Bablr be liable for any failure to maintain confidentiality of the security access passwords or passkeys or similar mechanisms depending on the tools available from time to time, by the Platform User. Bablr shall make no effort to validate any information provided by the Platform User with respect to correctness or usability for use of its services. Bablr with an intention to provide the best service possible could ask the Platform User to share more information as and when needed. Bablr also may change at any time without notice the validation mechanisms such as passwords and/or passkeys without any notice and/or may introduce additional mechanisms such as Two Factor Authentication etc.
4. Ordering Services from Us:
a. You place an order on the Bablr website by going to the purchasing pages of the Bablr Website and adding the items to the cart and then making the payment via third party payment gateways. Please read and check your order carefully before submitting it. You will be able to correct any errors before submitting your order to us. Bablr offerings may be available in multiple countries or legal jurisdictions and may be sold via different entities. It is the responsibility of the Platform User to make their purchases from the correct jurisdiction. Bablr does not transfer already purchased subscriptions, packages or offerings from one jurisdiction to another and a platform user may not be able to claim any refunds against a purchase made in the wrong jurisdiction except as provided for in the Cancellations Policy of the jurisdiction of purchase.
You can also make purchases of Bablr Offerings on App Stores of Google, Apple or other similar providers. In such cases the purchases follow the policy and mechanisms of the App Stores as applicable. In such a case a Platform User and/or a Product User is subject to the process, policies and terms displayed and agreed by the user on the App Store which may be different from these Terms and Conditions (ToS).
b. Before you place your order, you must check that the hardware and software requirements of your computer or device mean that you can download the Services in Digital Form.
c. When you place your order at the end of the online purchase process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted by us.
d. When you purchase a Bablr Product or Service from a jurisdiction outside India, you may be required to make the purchases from different legal entities and your purchases may be subject to different Terms & Conditions, local taxes and/or statutory charges in your jurisdiction. Some of these charges such as but not limited custom duties may be levied on you by the local authorities after your shipment of physical materials from us arrives to your home country or home jurisdiction. We shall not be responsible for these charges. Your purchases from us are not made on all inclusive basis. Any additional charges collected from you over and above our ex-warehouse price will be clearly mentioned on your invoice but you will be responsible to settle any additional taxes or charges levied by the administration of your jurisdiction.
e. We may contact you to say that we do not accept your order. This is typically for the following reasons:
i. the Services are unavailable;
ii. we cannot authorise your payment;
iii. you are not allowed to buy the Services from us;
iv. we are not allowed to sell the Services to you; or
v. there has been a mistake on the pricing or description of the Services.
vi. Any other reason that disqualifies the purchase on reasonable grounds
5. Permission to use the Services in Digital Form:
a. When you buy the Services in digital form which includes all the content provided on Bablr Platform or additional content delivered by us using mechanisms such as Zoom Sessions or Social Media platforms, and if it is downloaded on your devices, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
b. The Services in digital form:
i. Are personal to you. You can use it wherever you want in the world but only if you comply with local laws;
ii. Are non-exclusive to you. We may supply the same or similar digital content to other users;
iii. May not be:
a. Copied by you except for a reasonable number of necessary back-ups;
b. Changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
c. Combined or merged with, or used in, any other computer program; or
d. Distributed or sold by you to any third party.
iv. Contains information which is owned by us and/or third parties. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade marks (®) or unregistered trademark (™) markings.
6. Responsibilities of Bablr:
a. Bablr shall be solely responsible for assuring it has the valid licenses, registration with concerned statutory authorities and are statutory compliant. Breach of any of the above condition shall make Bablr solely liable for legal actions or other consequences arising therefrom.
b. Bablr or its owners, managers, directors, employees, agents, partners, advertisers or affiliates will not be liable for any loss, damage, injury caused to a the Platform User and/or the Product User arising out of use of the Platform, Product, content, its Services or Physical Materials including any legal actions.
c. Any information on the Platform relating to listing, name, content, material of any professional or firm found on this Platform does not constitute any endorsement or recommendations by Bablr. The Platform takes no responsibility of the authenticity and/or the accuracy of the information on the Platform provided by and about third parties.
d. Bablr will not be responsible for any third-party content on the platform. The Platform User and/or the Product User agrees to neither use the Platform for advertisement purposes nor for any commercial messages nor post anything false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material that is illegal or invasive of another person’s privacy. Though Platform may provide facility to platform User and the Product User to post blogs, articles, reviews or participate in discussions in digital or physical forms but Bablr is not liable for such third-party content or opinions posted on or made available on the Platform. In case any Platform User and/or the Product User finds any content is objectionable or illegal, they may report to Bablr by writing to the customer service e-mail address or calling the phone number provided on the Platform. Objectionable/illegal content will be investigated and blocked from public access within a reasonable time from reporting of the complaint. Such third- party content is not and will not be edited or monitored by Bablr and does not reflect approval of Bablr, its owners, managers, directors, employees, agents, partners, advertisers or affiliates. It bears no responsibility for the posts or the information contained therein. If such information posted is infringing or objectionable, Bablr is not liable and shall take appropriate legal action against concerned Platform User and the Product User for posting such content.
e. In no event shall Bablr be liable to the Platform User and the Product User for any special, indirect, exemplary or consequential damages arising out of a Bablr package purchase or out of the use of the products or because of any third-party claims.
7. Prohibited Activities:
The Platform User and the Product User shall not use any computer resource or communication device to host, display, upload, modify, publish, transmit, update or share any information on the Platform or in connection with Platform on another web resource that –
a. belongs to another person and to which the Platform User does not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
c. harms minors in any way;
d. infringes any patent, trademark, copyright or other proprietary rights;
e. violates any law for the time being in force;
f. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
g. impersonates another person;
h. contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer resource;
i. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence of prevents investigation of any offence or is insulting any other nation.
8. Copyright Content/Trademark of Bablr:
Bablr and its associates shall have the sole ownership and copyright under Indian Copyright Act, 1957 or any other applicable laws in various jurisdictions around the world, database rights, legal rights, moral rights, on its content, designs, know-how, business names, domain names, trade secret, software, and/ or any enhancements, improvements, modification, customization thereof of any or all intellectual property rights and derivative works. The Platform User and the Product User shall not decompile, disassemble, reverse engineer or otherwise modify any software or other product, system or process disclosed to it under on the Platform.
9. Other Terms:
a. Being a Bablr Platform User and the Product User you agree to abide by Bablr ToS and you agree to use the Platform on your own free will and it is not guided by any promotional emails, phone calls and advertisements from Bablr and/or its affiliates and partners or any other entities. The use of the Platform, Product, Product Services, Services and Materials is solely at your own risk. Bablr shall not be under an obligation to indemnify any Platform User and/or Product User for non-delivery, misdelivery or defective, delayed or deficient delivery of Products or Services through the Platform, and will not be liable to pay any damages, direct or indirect, personal or professional, or consequential damages for loss of revenue, loss of business, loss of data, system crash, faulty operation, malware attacks or slow transmission of the telephone line or web servers or email servers or hardware or software involved in the conduct of the Platform technical disruptions, unavailability of Platform or its Online Services, delay, failure, interruption, alteration or damage of any data or other information transmitted or posted in connection with use of the Platform. That the Platform does not guarantee to be error-free or bug-free. We provide no warranty regarding the security, reliability, timeliness, or performance of the Platform or its accuracy, suitability or completeness or timeliness, accuracy of profile pages or any information contained therein , updation of the Materials, Services (including software, text, graphics, links, or communications) provided on or through the use of the Platform.
b. The Platform, Product, Services and Materials on the Platform are provided on an “as is” basis. Bablr, its owners, its licensors, and its suppliers to the fullest extent permitted by applicable laws, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.
c. The defaulting Platform User and the Product User shall indemnify and agrees to keep Bablr and its subsidiaries and affiliates, and its and their directors, officers, employees, successors and assigns, fully harmless against any complaints, suits, actions, claims, losses, damages, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of Bablr), awards, and/or expenses however arising directly or indirectly from the Platform User and the Product Users or third parties arising in connection with Services and Products offered by other Platform User and the Product User on the Platform or its quality, performance or legalities including allegations of wrong delivery, misdelivery or defective, delayed or deficient delivery of Products or Services through the Platform, loss of data, system crash or otherwise, and copyright infringement or other intellectual property violations raised by third parties or Customers, or in respect of breach of any of the registered Service provider warranties, representations or undertakings or in any way attributable in whole or in part to registered Service provider’s performance of this Agreement or in relation to the non-fulfillment of any of its obligations under this Agreement.
d. In the event that Bablr is entitled to be indemnified pursuant to the provisions of this Agreement, Bablr shall be entitled to such extent debit the indemnification amount from the due payments to the indemnifier. The indemnities under this Article are in addition to and without prejudice to the indemnities given elsewhere in this Agreement and all the indemnities provided herein shall survive the termination of this Agreement.
e. Bablr, its owners, directors, employees or agents, successors, assigns, affiliates, subsidiaries, parent entity mentioned or not mentioned on the Platform in any event whatsoever not be liable for any damages (including, without limitation, incidental and consequential damages, direct, indirect, exemplary damages, special or punitive damages, fees, fines, penalties, or liabilities, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus, anticipated profits, loss of profits or revenues, loss of saving, loss of use interruption of business, loss of opportunity, and claims of customers), whether such damages occur prior or subsequent to or are alleged as a results of, the use or inability to use the Platform or the Services/Materials, information posted under profile pages, whether based on warranty, contract, tort, or any other legal theory or breach of any of the provisions of this agreement.
f. By browsing and/or registering on the Platform you agree that you are solely responsible for anything you post on the Platform and that you agree to defend, indemnify, and hold Bablr, its owners, its officers, directors, employees, agents, licensors, and suppliers, successors, assigns fully harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these ToS or any claims based upon your posts/submissions on the Platform. Your sole and exclusive remedy for dissatisfaction with any of Bablr offerings is to stop using the offering and/or Platform and/or its services and/or materials.
g. As a Product User you warrant the understanding of the following declarations of Bablr
i. Bablr Platform and Product are designed for the use of normally able adult/s with the baby/babies. They are not meant for the direct use by anyone below 18 years in age. Any use of Bablr Platform or Product or Materials or Services by small children must of supervised by an able adult.
ii. Bablr Product involves use of physical materials. Although Bablr exercises reasonable care to ensure that all the materials are safe to use, these materials, may still have the unknown or potential hazards such as choking or physical injury or chemical hazards that may be caused by materials such as plastic, paints, inks etc. This combined with unpredictability of the actions of small children may pose health and safety risks to small children and the Product Users. Therefore, all physical materials provided by Bablr must be used with such children only and only by an adult who has watched Bablr Tutorial videos and has read through safety instructions provided by Bablr and is capable of taking necessary precautions.
iii. Use of Bablr Product includes use of electronic screens such as that of mobile devices and computers with babies and small children. Bablr does not claim or disclaim intuitively or with reference to any study data, the positive or negative effects of screens on small children or babies. All Product Users are required to make the use of screens at their own risk. Bablr shall not be liable for any abuse of screen time or overuse of screen time. All screen time is the Users discretion and Bablr Product is provided on an ‘as is’ basis only and does not constitute any form of professional advice. If you need professional advice as to child development or education or screen time usage, please seek this from a reputed and qualified professional. Bablr declines all liability in this respect to the maximum extent permitted by law.
iv. The educational methodology, Bablr uses is based on the generally accepted best practices of early learning and anecdotal references. Bablr refers to no clinical evidence of success or negative effects of the Product. Product User is expected to use the Product at his/her own risk.
v. Bablr Platform and Product content may have subjective conclusions, interpretations, views, opinions. It may have human errors that we will correct it time to time. Platform Users, Product Users or third party observers cannot claim any compensation or damage from Bablr in this respect.
vi. Bablr does not make any claims about the efficacy of the methodology and believe that outcomes will vary among children and a large determining factor would be parent or caregivers’ approach. A Product User is advised to ascertain via independent research if Bablr is right for the Product User and their baby/ies or Child/ren.
vii. Decision of Bablr on pricing, cancellation policy and discounts will be final irrespective of what is published on the website or anywhere else. The pricing of a Bablr Product or Bablr Package and any discounts that a Platform User or Product user avails at the time of purchase is only applicable at that time and to that user. Bablr does not guarantee availability of the same pricing or discount offer to any or all Platform or Product Users on a continued basis. Bablr also reserves the right to change its commercial policies without any prior notice to the Platform or Product Users.
viii. Bablr is an education company and does not claim any medical credentials. The content and methodology need to be viewed and consumed as educational information only. Reliance on any information provided by Bablr Products is solely at your own risk.
ix. Always obtain medical advice from your doctor or health provider with any question regarding health conditions, for you or your children.
x. In the event, a Product User chooses to cancel the package, Bablr will be liable to refund the amount paid by the Product User in part based on the Bablr cancellation policy at the time of cancellation. GST, VAT, Sales Tax or any other applicable tax refund will only be made if the same refund is offered by the government tax authorities of the applicable jurisdiction based on the timing of purchase and the timing of cancellation.
xi. Platform User and/or Product User is responsible for immediately stopping the usage of Bablr Platform and/or Product at the first sign of any noticed or perceived or negative effect specifically or in general on child/ren involved. Product User has the choice to cancel the Bablr Package anytime. If the Product User decides to continue the use even after noticing any negative effect, it will be at the sole risk, consequences and responsibility of the Product User.
xii. Bablr ToS Privacy Policy is provided on the Bablr Platform and can be accessed by Platform User even without registering on the platform.
h. The Product User agrees to be responsible for the following:
i. Ensuring that all the health and safety guidelines provided at various places on Bablr Platform including in the materials boxes are followed;
ii. Proactively following the general and commonly known safety precautions with babies and small children while using the Bablr product.
iii. Immediately Stopping the usage of Bablr Product at the first sign of any noticed or perceived negative effect.
iv. Reading through and understanding the pricing, cancellation policy, shipping policy, inclusion and exclusion of digital and physical materials and services etc. to his or her satisfaction and then only making the purchase of this Product.
i. The Platform User and the Product User indemnify Bablr against any damages that are caused by
i. Platform User/Product Users own negligence.
ii. Platform User/Product Users inability to follow the ToS of this agreement including Clause 9-g and 9-h.
j. Bablr uses the app ecosystems such as Apple App Store and Google Android Play Store to publish its iOS and Android Apps for mobile and tablets. Both Google and Apple have their own policies and considerations on basis of which they decide which apps should be allowed to operate within their ecosystems and which apps should not. These policies and considerations are outside the control of Bablr. At any point in time if Apple and/or Google and/or any other similar third party decide to suspend or disallow Bablr apps, Bablr may not be able to continue operating these apps but will continue the website on which Platform Users and Product Users can access Bablr content and services they have purchased as part of Bablr Package. In such circumstances, Bablr users may use their discretion to continue or cancel your Bablr package or subscription in line with the Cancellation Policy of Bablr. In such circumstances the liabilities of Bablr shall be limited to the extent specified in the Cancellation Policy of Bablr.
k. Notwithstanding the foregoing, Bablr reserves the right to discontinue the service at any time in its sole discretion and for any reason, without prejudice to your consumer rights.
l. Materials and packaging shown on Bablr website are only examples. We keep changing and refreshing the materials in the Bablr boxes on a time to time basis. Also, materials available in two different geographies may be different. Also, in many jurisdictions we work with partners to provide physical materials as add-ons to the Bablr programme. We do not commit to provide exactly same materials or packaging as shown on Bablr website to all users in all geographies. It is the responsibility of the Platform user to clarify the exact materials they are going to receive. Should you feel the need, you can get in touch with Customer Support and ask them to clarify.
10. Payment:
a. Bablr shall provide Products and certain Services on payment through third one or more party payment gateways that is implemented by Bablr from time to time.
b. The credit cards and debit cards and other payment options we accept will be displayed at the checkout portion at the time of purchase. We do not accept cash or cheques.
c. We will do all that we reasonably can to ensure that all of the information you give us when paying for the digital content is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part, any failure by us to comply with this contract or our Privacy Policy or breach by us of our duties under applicable laws, we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.
d. All payments need to be authorised by the credit card, debit card issuers or any other mechanisms such as two factor authentication specified by the regulatory authorities to ensure security and/or rights and/or convenience of the consumers or any other similar mechanisms based on the applicable payment gateway.
e. For purchases made on Bablr Website, all customers will be invoiced and charged in Indian Rupees (INR). Neosap India Private Limited does not make any website sales to customers outside India. By making a purchase on Bablr Website, you confirm that you are eligible to buy from Bablr Website in India. In all the cases, the customers will be liable to pay applicable taxes such as GST or any other applicable statutory charges as applicable. All purchase made on Apple App Store or Google Play Store shall be governed by the terms of those platforms. The developer accounts on these app stores which shall be beneficiary of your purchase from the App Store may belong to our principle Bablr Ltd, UK. Even if the current developer account is maintained by us, we are legally bound to transfer Bablr Mobile and Tablet Apps on Apple App Store AND Google Play Store to Bablr Ltd. UK developer account and are in the process of making these transfers. Irrespective of where you make your purchase from, we shall remain the custodians of your data and our Privacy Policy shall apply to your usage of Bablr.
f. For purchases made on Apple App Store, Google Android Play Store or any other similar third party ecosystem, pricing, taxation and currency shall be determined by the policies and mechanisms of the ecosystem.
11. Redressal and Complaints:
Bablr has published on its Platform in the “Contact Us” Section, the name of the Grievance Officer and the contact details as a mechanism by which Platform Users and/or Product Users who may have any grievance with respect to the access or usage of Bablr Platform and/or Product can notify their complaints to Bablr. The Grievance Officer shall redress the complaints within one month from the date of receipt of complaint.
12. Force Majeure:
Bablr shall not be liable for any delay or non-performance in delivery caused by acts of God, unforeseeable occurrences or other force majeure events beyond the control of Bablr and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.
“Force Majeure Event” means any event due to any cause beyond the reasonable control of Bablr, including, without limitation, unavailability of any communication system, terrorist attack, war, storm, fire, flood, earthquake, epidemic or other natural disaster, explosion, acts of God, civil commotion, strikes or industrial, unauthorized access to computer data and storage device, computer crashes, breach of security and encryption, Telecom network strike, breakdown or Payment gateway non function due to international cable fault, bank’s withdrawal of the payment gateway with or without notice, for any reason, non-functioning of the Platform due to hacking, malware or boot attacks, sabotage or server default or server maintenance or breakdown, technical flaw, inadvertent processing delay or impossibility of the use of public or private telecommunication networks and computer networks, suspension of the Bablr Apps by App Ecosystem providers such as Apple App Store or Google Android Play Store or any other similar party and other serious disruptions beyond the control of Bablr.
13. Confidentiality & Proprietary Information:
Both Bablr and Platform User agree to the definitions and terms of this clause as given below.
14. Term & Termination:
a. This Agreement shall come into existence on the date a Platform User browses the Platform and/or registers on it and will remain in until the obligations under these ToS are complete or when it is terminated by either party whichever is earlier. A Product User is bound by these ToS as a Platform User and continues to be bound by these ToS after becoming a Product User.
b. This Agreement may be terminated:
i. In case of material breach by a Product User and/or Platform User, Bablr is entitled to terminate this user’s access to Bablr Platform and Product forth with and remove any non-compliant or other information in connection with Service Provider on its Platform or related sites as the case may be.
ii. In case of any other breach by a Product User and/or Platform User (i.e. excluding material breach) of any representation, covenant, warranty or term of this Agreement that is not cured within 7 (seven) days after written notice there of by Bablr.
iii. At the sole discretion of Bablr.
c. Effect of Termination:
Upon termination of this Agreement the user shall remove its Profile pages, links, and otherwise discontinue use of the Platform or any activity that indicates its association with the Platform. In case of termination, the Product User shall return the login id and password for access of Platform or he will be blocked by Bablr.
15. Cancellations, Replacements, Returns and Refunds
a. By agreeing to this ToS, all Platform users also agree to be bound by Cancellation, Return, Replacement & Refund Policy of Bablr.
b. Bablr may make changes to these policies on a time to time basis without any prior notice to the Platform Users.
c. As far as reasonably feasible, Bablr shall apply these policies based as applicable on the date of the purchase by the Users.
16. Shipping:
a. By agreeing to these ToS, all Platform Users also agree to be bound by Shipping Policy of Bablr.
b. Bablr may make changes to these policies on a time to time basis without any prior notice to the Platform Users.
17. Nature of the Services and Products
a. We are required by law to ensure that the goods that we provide to you must be as described, fit for purpose and of satisfactory quality.
b. Since we only display the examples of goods on our website and not the exact goods that will be shipped to you as part of Bablr programme, you acknowledge that you are aware of this likely variation. We agree to take reasonable care to ensure that the goods supplied to you are fit for the promised use.
c. By purchasing the goods from us you also acknowledge and agree to the packaging of the goods being different from the examples shown on the website.
d. While we try to make sure that our representative activities related to our goods and products and subscriptions available on our website in general are the same and/or similar as set out in the description of the service you have subscribed to, the foregoing may look different once received depending on the device that you use. Please also note that activities and related physical products may differ in different countries so availability will be tailored to you locally and as available from time to time, subject at all times to our adherence to your consumer rights.
e. The examples of goods inside Bablr Material Box shown on the website are examples of the activities that we design for children. The activities that you receive may actually be different from what is displayed on the website. We sometimes also partner with third party suppliers who ship the materials to you under their brand name and not “Bablr” brand name. In all these cases, we take reasonable care to ensure that they are fit for the intended purpose. We do not promise to provide exactly the same Bablr Box Materials or packaging as shown in the website and by purchasing a product on our website you acknowledge that you shall accept this variation.
f. Any goods sold at discount prices, as remnants or as substandard will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.
g. Subject to paragraph (d.), if we can’t supply certain goods or products we may need to substitute them with alternative goods of equal or better standard and value. In this case:
18. Limitation of Liability
As permitted by applicable law, in no event shall Bablr, our parent company, subsidiaries or affiliates or any of their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of their officers, directors, employees, or agents, be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special, consequential, or punitive damages arising out of, related to, or in connection with any of the following: (a) your use of the Platform, the content, Bablr Product, user content, including, without limitation, any personal information, and any other information either contained in the site or submitted by you to the site; (b) your inability to use the site; (c) modification or removal of content submitted on the site; (d) the merchant offerings, products, and other available programs accessible or available through the site; (e) any products or Services purchased or obtained from a Vendor or a third party merchant by Bablr; (f) these terms of use; or (g) any improper use of information you provide to the site, including, without limitation, any personal information. In no event will our liability in connection with a merchant offering, product, and other available programs exceed the amounts paid for the applicable voucher, product, or service. The liability limitations in this section are not intended to limit any warranty provided directly by a merchant or by the applicable manufacturer of physical products or any express representations or warranties by us that are included in other applicable terms. Our liability will be fully excluded to the maximum extent permitted under applicable law, and where such liability cannot be excluded, it shall be limited in aggregate for any and all claims by a user arising out of or in respect of Bablr, the Services, products, subscriptions or use thereof and these Terms to 100% of the amount of the fees Bablr has received for from such individual user for the Service in respect of which such liability arose.
For the avoidance of doubt, Bablr accepts no liability for parents’ interaction with children or for any screen time, internet or WiFi issues in accordance with our Services. It is your responsibility to control this and if required, you should seek separate advice from a professional.
19. General
These Terms are the entire agreement between Product User and Platform User and Bablr in relation to Services and Materials on the Platform. As a Product User and/or Platform User agree that you will have no claim against Bablr for any statement which is not explicitly set out in these Terms. The words “include” and “including” are to be construed without limitation. The invalidity of any provision of these ToS (or parts of any provision) will not affect the validity or enforceability of any other provision (or the remaining parts of that provision). If a court holds that we cannot enforce any part of these ToS as drafted, we may replace those parts with similar terms to the extent enforceable under applicable laws and regulations, without changing the remaining terms of these Terms. No delay in enforcing any provision of these ToS will be construed to be a waiver of any rights under that provision. Any rights and obligations under these ToS which by their nature should survive, including any obligations in relation to the liability of, or indemnities (if any) given by, the respective parties, will remain in effect after termination or expiration of these Terms. No person other than you and us will have any right to enforce these ToS against any person, and you may not delegate, assign or transfer these ToS or any rights or obligations under these Terms without our prior consent. We may freely assign, transfer or sub-contract these Terms or our rights and obligations under these Terms, in whole or in part, without your prior consent or prior notice to you.
20. Severability
If any part of these Terms is held to be unenforceable, then that provision will be severed from these Terms and the remainder of these Terms will be valid and enforceable.
21. Dispute Resolution, Jurisdiction and Governing law
If any controversy, disputes, differences or claims arise between you and us relating to or arising out of the Platform Usage, Product Usage, Services or Materials usages, or the Terms with regard to the interpretation or the performance of these Terms, the same shall be referred to arbitration and a sole arbitrator will be appointed mutually and in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended or re-enacted, from time to time. The arbitration proceedings shall be conducted in the English language and any awards shall be reasoned. The venue and seat of arbitration shall be Mumbai and the award of the arbitrator shall be final and binding on the Parties. You agree that any controversy, disputes, differences or claims arise between you and us relating to or arising out of the usage of our Platform, Product or the ToS must be filed within one year after such controversy, disputes, differences or claims arose; otherwise, your claim is permanently barred.
These TOS are governed by and construed in accordance with the laws of India. You irrevocably consent to the exclusive jurisdiction of courts at Mumbai, India for all disputes arising out of or relating to these Terms. The provisions of these ToS apply equally to, and are for the benefit of, us, our subsidiaries, affiliates, merchants, third party suppliers and licensors, and each shall have the right to assert and enforce such provisions directly.
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