General
Welcome to Kidiaree!
These terms and conditions ("Terms") govern the use of services made available on or through https://www.kidiaree.in and/or the Kidiaree mobile app (collectively, the "Online Platform" and together with the services made available on or through the Platform, "Services"). These Terms also include our privacy policy, ("Privacy Policy"), and any guidelines, policies, and disclaimers made available or issued by us from time to time ("Supplemental Terms"). The Privacy Policy and the Supplemental Terms form an integral part of these Terms.
The Terms constitute a binding and enforceable legal contract between Playfluent Eduventures LLP (an LLP incorporated under the Limited Liability Partnership Act, 2008 with its registered address at HD-659, WeWork Enam Sambhav, C - 20, G Block Rd, G Block BKC,
Bandra Kurla Complex, Bandra East, Mumbai, Maharashtra 400051 and its affiliates ("Kidiaree", "we", "us", or "our"), and you, an independent third-party service provider ("you" or "Service Provider"). By using the Services, you represent and warrant that you have the full legal capacity and authority to agree and bind yourself to these Terms. If you represent any other person, you confirm and represent that you have the necessary power and authority to bind such person to these Terms.
By using the Services, you agree that you have read, understood, and are bound by these Terms, as amended from time to time, and that you will comply with the requirements listed here. These Terms expressly supersede any prior written agreements with you. If you do not agree to these Terms, or comply with the requirements listed here, please do not use the Services.
Applicability of Terms and Conditions
a) Service Provider;
Services
(a) The Services include the provision of the Online Platform that enables you to provide services to end-customers i.e., registered Users on the Platform ("User"). As a part of the Services, Kidiaree (i) assists you with determining amounts payable by User to you for the services you render, (ii) facilitates the maximum and efficient utilisation of your time while you use the Services, and (iv) facilitates the transfer of payments from User to you for the services you render to the User and collect payments on your behalf.
(b) The services rendered by you are referred to as "Expert Services". Our "Services" do not include the Expert Services, and Kidiaree is not responsible for the provision of Expert Services. Kidiaree and its affiliates do not employ you or any other Service Professional, nor are Service Providers, the agents, contractors, or partners of Kidiaree or its affiliates. Service Provider does not have the ability to bind or represent Kidiaree. You are solely liable and responsible for the Expert Services that you offer or otherwise provide through the Platform.
(c) The Online Platform is solely for your commercial use and is intended for use in India or outside India.
(d) A key part of the Services is Kidiaree's ability to inform you by sending email or WhatsApp messages, including in connection with your bookings, your utilisation of the Services, or as a part of its promotional and marketing strategies.
Account Registration & Eligibility
(a) To avail the Services and provide the Expert Services through the Online Platform, you will be required to create an account on the Online Platform ("Account"). In addition to setting up a username and password for your Account, you will be required to furnish certain details and documents, including but not limited to your name, phone number, address, age, valid government issued identification, trade licences, and government approvals that permit you to offer Expert Services under applicable law.
(b) The Service Provider must possess the necessary qualifications, certifications, licenses, or expertise required to offer the listed services.
(c) To create an Account, you must be at least 18 (Eighteen) years of age. If you are below 18, then your parent or guardian can open an account and help you in opening the Account and provide the Expert Services.
(d) You are legally competent to contract, and otherwise competent to provide Expert Services (as defined in these Terms and Conditions). Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Online Platform.
(e) You have not been previously suspended or removed by Kidiaree or disqualified for any other reason, from providing the Expert Services by using Services.
(f) Kidiaree reserves the right to terminate your account and/or refuse to provide you with access to the Online Platform if Kidiaree discovers that you are under the age of 18 years and you are providing the Expert Services by using Services through Online Platform without parent or guardian’s supervision.
(g) You warrant that all information furnished in connection with your Account is and shall remain accurate and true. You agree to promptly update your details on the Online Platform in the event of any change to or modification of this information.
(h) You agree that Kidiaree, through third parties, may undertake your background verification, at your sole cost, to fulfil due diligence and safety obligations prior to the approval of your Account on the Platform, activating your access to the Services, and permitting you to provide Expert Services through the Services.
(i) You may only own, operate, and possess one Account. If Kidiaree discovers or determines that you possess more than one Account, it will have the right to revoke, without notice, your access to the Online Platform and the Services.
(j) You are solely responsible for maintaining the security and confidentiality of your password and agree to immediately notify us of any disclosure or unauthorised use of your Account or any other breach of security with respect to your Account. You further agree that no person other than yourself has the right to access your Account and you will not share your login credentials with any other person. If Kidiaree reasonably determines that you have shared your login credentials with another person or allowed another person to access and use your Account, it may suspend or terminate your access and use of the Services without notice to you.
(k) You are liable and accountable for all activities that take place through your Account. We shall not be liable for any unauthorised access to your Account.
(l) You agree to receive communications from us regarding (i) information about us and the Services, and (ii) any other matter in relation to the Services.
Provision of Services by The Service Provider
a) The Service Provider agrees that he/she shall solely assume all risks associated with the content provided by him/her on the Online Platform relating to the fees, taxes, date, duration, course and curriculum of the Activity. While Kidiaree reserves the right to remove any content from the Online Platform, Kidiaree shall have no control on the actions, comments and/or content posted by any User and does not guarantee the accuracy, integrity or quality of any actions, comments and/or content and shall not be responsible and/or liable in any manner for the same.
b) The Service Provider shall be solely responsible for providing information relating to the Activity offered by the Service Provider on the Platform from time to time. In this connection, the Service Provider undertakes that all such information shall be true and accurate in all respects. The information provided by the Service Provider shall not be exaggerated or overemphasized and the attributes of such Activity shall not be such so as to mislead other User in any manner whatsoever.
c) In the event the Service Provider hires or engages any third party for provision or assistance in any Expert Services offered by the Service Provider on the Online Platform, the Service Provider shall be solely responsible and liable for any acts, omission(s) and/or commission(s) by such third parties in respect of the Expert Services provided to the User.
d) The Service Provider shall ensure that details pertaining to the Activity such as batch timings, duration, available slots, fees and/or curriculum are uploaded and constantly updated on the Platform by the Service Provider at all times. If there is any change / rescheduling in the Activity, for instance, session, batch timings, duration, available slots, venue, fees and/or curriculum, the Service Provider shall promptly update the same on the Platform and in addition, inform Kidiaree as well as the User(s) who have enrolled for that particular Activity of such change. Subject to prior approval and availability of a slot with the Service Provider, the User may reschedule a batch booked with the Service Provider at the sole discretion of the Service Provider, and Kidiaree assumes no responsibility or liability in respect of such rescheduling by a User. However, it shall be the responsibility of the Service Provider to update such change in batch on the Platform and Kidiaree shall not be liable to any User for any claims arising from such a change.
e) In the event of any offline bookings at the Activity by any other user, the Service Provider shall expeditiously update the same on the Platform so that the accurate number of available slots is reflected on the Platform.
Listing of The Expert Services By Service Provider
a) The Service Provider understands that the Online Platform is an internet based hyperlocal discovery service and aggregator of kids’ activity classes which acts as a booking platform for a variety of activity classes for children and provides the User with information in the form of listings and profile pages of the various classes, events, workshops, activities (such as art, dance, music, sports, gaming, playing area etc.) (“Activity”) being offered and conducted by the Kidiaree through the third party who would be the experienced in their particular field/subject (“Service Provider).
b) The Service Provider understands that Kidiaree shall provide the information to the User pertaining to each Service Provider’s expertise by creating a profile of the Service Provider which shall contain details of the Activity, pricing and availability of such Activity and an integrated payment gateway to book such Activity.
c) The Service Provider shall to enable Kidiaree, shall provide the necessary information/documentation for creating the Profile. The Service Provider shall also provide the information for rendering Expert Services including but not limited to eligibility criteria (age/skill), class fees, class timings, batch, venues, seat availability per batch, minimum and maximum period of enrolment etc.
d) The Service Provider shall be responsible for providing accurate and up-to-date information regarding his/her services, including pricing, availability, and relevant qualifications for updating the Expert Service being provided by the Service Provider by using Online Platform.
e) The Service Provider shall also ensure that his/her listed services comply with applicable laws, regulations, and industry standards.
f) Kidiaree shall also offer paid premium listing and/or paid promotions for the Service Provider desirous of promoting his/her Activity on the Platform. Payment for such premium listing and/or promotions shall be made by the Service Provider in the manner instructed by Kidiaree at the time of listing.
Payment Terms and Taxes
(a) Kidiaree shall derive set-up fees, charges and commission for providing the online marketplace services to its Service Providers. The quantum of such fees, charges and commission shall be discussed and mutually agreed between Kidiaree and the Service Provider. Kidiaree issues a separate invoice to Service Provider for such fees, charges and commission.
(b) After providing the Expert Services by the Service Provider to the User through the use of Online Platform or services, Kidiaree will facilitate the payment of the applicable amount to be paid by the User to you in your account as provided at the time of creation of the Account on Online Platform within 7 working days post completion of the service. Payment of the amount payable by the User in such manner shall be considered the same as payment made directly by the User to you, and you hereby authorise Kidiaree to merely collect and process payments and issue invoice(s) on your behalf. Such payments will be inclusive of applicable taxes where required by law. Amounts paid by the User to you are final and non-refundable, unless otherwise determined by Kidiaree in accordance with these Terms.
(c) Kidiaree shall derive a convenience fee for providing the online marketplace services to its users and issues a separate invoice to User. In case a User pays online, you authorise Kidiaree to retain its convenience fee from the amount received online, and remit the balance monies to you.
(d) In cases, where the option to pay cash directly at the centre is availed, it shall be the responsibility of the Service Provider to remit to Kidiaree the booking /convenience fees levied by Kidiaree forthwith upon receipt of any payment made directly to the Service Provider for the bookings made using the Platform within 5 working days.
(e) Service Provider agrees that Kidiaree acts solely as an intermediary for the collection of payments and fees between User and you. State and local tax laws vary significantly by locality and you, therefore, understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. Kidiaree cannot, and does not, offer tax advice to you. Further, you understand that Kidiaree shall not be responsible or liable in any manner in relation to tax liability that you may incur.
Cancellation of The Booking by Service Provider
a) The Service Provider agrees that as a general practice of Kidiaree, the Service Provider shall not be entitled to cancel their booking upon successful completion of the transaction through the Platform. If, for any reason, the Service Provider cancels the booking of the User after it has been confirmed, Kidiaree shall have a right to charge the Service Provider a cancellation fee.
b)In case of cancellation for any such reasons wherein the fees have been paid by Kidiaree to the Service Provider for such cancelled bookings, the Service Provider shall refund the fees received by it to Kidiaree within 5 (Five) working days after which such fees shall further be refunded to the User after deducting charges attributable to Kidiaree, as may be deemed appropriate by Kidiaree at its sole discretion.
Conduct
(a) Kidiaree prohibits discrimination against User(s) on the basis of race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other characteristic that may be protected under applicable law. Such discrimination includes but is not limited to any refusal to provide the Expert Services based on any of these characteristics.
(b) We request that you treat all User(s) with courtesy and respect. We reserve the right to withhold access to the Services at our absolute discretion if you behave towards any User in a manner which is discourteous, disrespectful, abusive, or which we otherwise deem to be inappropriate or unlawful.
Consent to Use Data
(a) You agree that we may, in accordance with our Privacy Policy, collect and use your personal data. The Privacy Policy explains the categories of personal data that we collect or otherwise process about you and the manner in which we process such data.
(b) In certain instances, you may be required to furnish identification proof to avail the Services or to provide the Expert Services, and hereby agree to do so. A failure to comply with this request may result in your inability to use the Services or provide the Expert Services.
(c) In addition to any consent you may provide pursuant to the Privacy Policy, you hereby consent to us sharing your information with our affiliates or other third-party service providers. We may use information and data pertaining to your use of the Services for provision of the Services, analytics, trend identification, and purposes of statistics to further enhance the effectiveness and efficiency of our Services.
(d) Subject to applicable laws, we may be directed by law enforcement agencies or the government and related bodies to disclose data in relation to you in connection with criminal proceedings. You understand and agree that in such instances we shall have the right to share such data with relevant agencies or bodies.
Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless Kidiaree including but not limited to its affiliates, vendors, representatives, directors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Kidiaree that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms. Further, You agree to hold Kidiaree harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of any rights of another, including any intellectual property rights.
Notwithstanding anything to contrary, Kidiaree's entire liability to You under this Terms or otherwise shall be to the extent of service fees charged from you for letting you use its services/online platform, under which the unlikely liability arises. In no event shall Kidiaree, its officers, directors, employees, partners or suppliers be liable to You, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Kidiaree has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the Website, services or materials.
Kidiaree is not responsible for any non-performance or breach of any contract entered into between you, User and/or third party. Kidiaree cannot and does not guarantee that the concerned person will perform any transactions that are entered into on the Website. Kidiaree shall not and is not required to mediate or resolve any dispute or disagreement between you and third party. Kidiaree does not, at any point of time during any transaction between you and third party on the Website.
Service Provider Obligations
a) All information that you provide in relation to the Services is complete, true, and correct on the date of agreeing to these Terms and shall continue to be complete, true, and correct while you avail the Services. Should any information that you provide change during the existence of these Terms, you undertake to immediately bring such change to our notice. We do not accept any responsibility or liability for any loss or damage that you may suffer or incur if any information, documentation, material, or data, provided to avail the Services is incorrect, incomplete, inaccurate, or misleading, or if you fail to disclose any material fact.
b) You shall extend all cooperation to us in our defence of any proceedings that may be initiated against us due to a breach of your obligations or covenants under these Terms.
c) You agree to use the Services, Website and the materials provided therein only for purposes that are permitted by: (a) the Terms; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
d) You agree not to access (or attempt to access) the Website and the services by any means other than through the interface that is provided by Kidiaree. You shall not 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 Website or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website.
e) If the Website allows You to post and upload any material on the Website, You hereby undertake to ensure that such material is not offensive and is in accordance with applicable laws. Further, You undertake not to:
• Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
• Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information through any bookmark, tag or keyword;
• Upload files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
• Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
• Engage in any activity that interferes with or disrupts access to the Website or the services (or the servers and networks which are connected to the Website);
• Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any Kidiaree server, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means;
• Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer of Kidiaree, including any Kidiaree Account not owned by You, to its source, or exploit the Website or service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
• Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
• Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Paragraph.
• Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
• Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of Kidiaree or other third parties;
• Conduct or forward surveys, contests, pyramid schemes or chain letters;
• Download any file posted by another user of a service that you know, or reasonably should know, cannot be legally distributed in such manner;
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
• Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
• Violate any applicable laws or regulations for the time being in force within or outside India;
• Violate the Terms, including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
• Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
f) Kidiaree has no obligation to monitor such communications by You. However, Kidiaree reserves the right to review materials posted by You and to remove any materials in its sole discretion. Kidiaree reserves the right to terminate the User's access to any or all of such communication services provided by Kidiaree at any time, without notice for any reason whatsoever.
g) Kidiaree reserves the right at all times to disclose any information as is necessary to satisfy or comply with any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Kidiaree's sole discretion.
h) Kidiaree does not control or endorse the content, messages or information found in any communication service and, therefore, Kidiaree specifically disclaims any liability or responsibility whatsoever with regard to the communication services and any actions resulting from the user's participation in any communication service.
i) You agree that You are solely responsible to Kidiaree and to any third party for any breach of Your obligations under the Terms and for the consequences (including any loss or damage which Kidiaree or its affiliates or its vendors may suffer) for any such breach.
j) You agree that Kidiaree may, at any time, modify or discontinue all or part of the Website, charge, modify or waive fees required to use the Website, or offer opportunities to some or all Website Users.
k) You agree that the Website shall not be used for illegal purposes. The Information and Services shall not be used for any illegal purpose. You shall not access our networks, computers, or the Information and Services in any manner that could damage, disable, overburden, or impair them, or interfere with any other person's use and enjoyment. You shall not attempt to gain unauthorized access to any Information or Services, other accounts, computer systems, or networks connected with the Website, the Information, or Services. Such unauthorized access includes, but is not limited to, using another person’s login credentials to access his or her Kidiaree profile/ account. Any attempt by any individual or entity to solicit login information of any other user or to access any such account is an express and direct violation of these Terms of Use and of applicable law(s), including relevant privacy and security laws and laws prohibiting unfair or unethical business practices.
Intellectual Property Rights
All the intellectual property used on the Website except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Kidiaree. The Other Parties agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The materials on the Website or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.Termination
The Terms will continue to apply until terminated by either You or Kidiaree as set forth below. If You want to terminate Your agreement with Kidiaree, You may do so by (i) not accessing the Website; or (ii) closing Your accounts for all of the services that You use, where Kidiaree has made this option available to You. Kidiaree may, at any time, with or without notice, terminate the Terms (or portion thereof, such as any individual Additional Terms) with You if:
• You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You from time to time (or have acted in a manner that clearly shows that You do not intend to, or are unable to, comply with the same);
• Kidiaree is required to do so by law (for example, where the provision of the services hereunder, to You is, or becomes, unlawful);
• The provision of the services to You, by Kidiaree is, in Kidiaree's opinion, no longer commercially viable;
• Kidiaree has elected to discontinue, with or without reason, access to the Website, the services (or any part thereof); or
Kidiaree may also terminate or suspend all or a portion of Your account or access to the services with or without reason. Except as may be set forth in any Additional Terms applicable to a particular service, termination of Your Account may include: (i) removal of access to all offerings within the Website or with respect to the services; (ii) deletion of Your materials and Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with or inside Your Account (or any part thereof); and (iii) barring of further use of the Services.
You agree that all terminations shall be made in Kidiaree's sole discretion and that Kidiaree shall not be liable to You or any third party for any termination of Your Account (and accompanying deletion of Your Account Information), or Your access to the Website and the services offered thereunder.
Notwithstanding the foregoing, these Terms will survive indefinitely unless and until Kidiaree chooses to terminate them. If You or Kidiaree terminates Your use of the Website, Kidiaree may delete any content or any other materials relating to Your use of the Website and Kidiaree will have no liability to You or any third party for doing so.
