General Introduction

• The website www.futurekids.in (hereinafter referred to as “Website”) is owned and operated by Futurekids Publications Private Limited, a company incorporated and existing under the provisions of the Companies Act 1956/ 2013, having its registered office at 4323/3 Ansari Road Darya Ganj, Delhi 110002, India, (hereinafter referred to as the “Company,” or “us,” or “we”) is subject to these Terms of Use.
• For the purposes of these Terms of Use, the term ‘Users’ shall mean and include any person browsing/opening/registering/downloading or using the Website from computer/handheld device/mobile device or any electronic device after providing the requisite information in order to access the Website.
• These Terms of Use are provided in an electronic format as prescribed under the Information Technology Act, 2000, the Rules made thereunder and the amendments regarding documents preserved in electronic format. These Terms of Use will govern the use of Website by the Users.
• By mere accessing or using the Website, users are acknowledging, without limitation or qualification, to be bound by these Terms of Use and the Polices, whether you have read the same or not. ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE INDICATES USER’s UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING. If User is not agreeing to any of the terms enumerated in the Terms of Use or the Policies, please do not use the website. 
• These Terms of Use constitute the comprehensive terms and conditions for the use of the Website. Any non-compliance with these Terms of Use may lead to disqualification from using the Website.
• The Company reserves all rights to alter these Terms of Use as it may deem fit in its sole and absolute discretion without any obligation of issuing prior notification. Any major change or revision in these Terms of Use will be posted on the Company’s Website along with the date when the modification was made.
• This document is an electronic record generated by a computer system and does not require any physical or digital signatures.
• Any changes made to these Terms of Use by the Company will be effective immediately and any continued use of the Website after such change constitutes acceptance of such changes.
• The Website must not be used in any manner in case there is non-acceptance of these Terms of Use or inability to be bound by them.
• PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. YOUR ACCEPTANCE OF THERE TERMS AND CONDITIONS HEREIN CONSTITUTES AN AGREEMENT BETWEEN YOU AND THE COMPANY FOR THE PURPOSE AS DEFINED HEREUNDER.

Eligibility criteria

• Before making any use of Website, Users hereby represent and warrant of being at least eighteen (18) years of age or above and being fully able and competent as defined under the provisions of the Indian Contract Act, 1872 to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use.
• It is agreed that the Company does not have the responsibility to ensure that Users conform to the aforesaid eligibility criteria. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of the Website that may occur by virtue of any person including a minor registering for using the Website.
• Only those Users who comply with all laws and regulations in force shall be eligible to register with The Company, and the Website and shall be used only in compliance with these Terms of Use in a manner that does not violate The Company’s legal rights.
• The Users by viewing, navigating, downloading, registering, or otherwise making the use of the Website agree and declare that they are the citizens of India residing within the territories of the Republic of India.

Registration process

• Provide true, accurate, current and complete information as prompted by the Website’s registration form while registering (such information being the ‘Registration Data’);
• Maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times;
• Immediately notifying the Website of any unauthorized use of password or account or any other actual or suspected breach of security; and
• Ensure safe logging out from account at the end of each session.
• For the purposes of these Terms of Use, the term ‘Personally Identifiable Information’ or ‘PII’ shall mean and include any information or set of information, whether alone or in combination with other personal information gathered, processed, used or stored by the Company which is sufficient to identify an individual.
• In relation to any PII being saved or processed, the Company shall meet the requirements of Information Technology Law and shall adopt the technical and organizational measures as industry standards which are necessary to secure the PII of the Users.
• In addition to the PII, the Website may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, and information about the way you use the Website. We also collect other relevant information as per the permissions that you provide.
• As the first step of the Registration process, the Website or Application may require the following PII to be provided, including without limitation to:
  • Name (First and Last name):
  • Email address:
  • Mobile number:
  • Address of communication
  • Address of Shipping (in case of order placed through the website)
• Upon collection, the above-mentioned information shall be subject to the Privacy Policy of the Application.
• The Users shall be individually responsible for the accuracy and correctness of all such details/information provided during registration on the Website. If the Company has reason to doubt the correctness of any details/information furnished or in case any information furnished is found to be incorrect, false or misleading in nature or otherwise not in accordance with these Terms of Use, then the Company shall be entitled to cancel or indefinitely suspend or block access to the Application and refuse to provide access permanently or for such period as the Company deems fit.
• The Company shall not be liable for any loss or damage arising from failure of the Users to comply with these Terms of Use. The Company shall not be liable for any unauthorized hacking of the Website leading to leakage and misuse of PII.
• The Users shall not –
  • select a Username, mobile number, email address or any other personally identifiable information of any other person with the intent to impersonate that person; or
  • use a name or contact details subject to any rights of any other person without appropriate authorization.
• In case a User does not adhere to the above conditions, the Company reserves the right to refuse registration of or cancel registration of such Users in its discretion.
• Internet Carrier charges levied for the use of the Website shall be borne by the Users themselves.
• The Company does not levy any registration fees for the purpose of registration on the Website nor does it charge any fee for use of the Website, however, the Company reserves the right to levy fee for specific service provided.

User Account

• You shall be responsible for all the activities that occur through Your account.
• You agree that the company shall not be liable for any unauthorized use or access of Your account.
• You are responsible for safeguarding the passwords to access the Website. The Company encourages you to use strong passwords and change the passwords periodically.
• You agree that Company shall not be held liable for Your failure to comply with the above-mentioned clause i.e. Clause 4.3.
• You will be given an option to change the password for Your account on the Website in case of any loss or compromise of password.
• You agree to take all steps necessary to protect log in details and keep them secret, and not give login details/credentials to anyone else or allow anyone else to use Your login details or account. The Company shall not have any responsibility for the consequences of failure in case you fail to abide by the above-mentioned clause and further agree to fully compensate the Company for any losses or harm that may result. Furthermore, the Company shall not be responsible for any loss that You may suffer as a result of unauthorized access to your account and/or use of the Service. The Company accepts no responsibility for any loss or harm resulting from this unauthorized use, whether fraudulently or otherwise.

Services

• On creation of a User account, the Users can choose from the different categories of products that are available/offered on the Website.
• In addition to the rules laid down hereunder, the Users undertake to abide by any other specific rules or instructions which may be provided before they proceed with purchasing any of the books available/offered on the Website.
• After selecting the number of books that the User wishes to purchase and have added in the cart, the Website shall direct the Users to make the payment for the such books which are being offered on the Website through various online payment gateways in favor of the Company including but not limited to, through e-wallets, bank accounts, credit/debit cards, or other legally accepted modes of transactions. The amount in respect of the said order shall be inclusive of applicable taxes, including but not limited to Central GST, State GST. Once, the payment has been received by the Company, the Users will get the tracking information to access the delivery status of their orders.

Privacy policy

• The Company shall be committed to ensuring that the information furnished, as a part of registration process mentioned above, is secure and no unauthorized access or disclosure takes place with respect to the same. 
• Purpose of collecting PII: The major purposes for the collection of PII are listed below:
  • For improving services offered and received using the Website.
  • For keeping internal records.
  • For market research purposes.
  • For the purpose of enhancing Users’ experience.
• In case Users change their mind and wish to discontinue sharing their PII, they may express such intention by mailing at mail@futurekids.in.
• The Company at all times reserves the right to disclose any information as may be required by law. This may include disclosure of information for investigation of an alleged illegal activity or its response to a lawful court order.
• To know more about the Company’s policy on collection and use of data, please go through our Privacy Policy.

Registration of the Users

• The Users will be required to register themselves on the Website or Application by providing information, including but not limited to:
  • Name
  • Age
  • Date of Birth
  • State of Residence
  • Residential Address
  • E-mail Address
  • Phone/Mobile No. etc.
• The Users may also be required to furnish additional information on the basis of his preferences to avail certain features of the Website. This information may include the following:
  • Bank Account No.
  • Credit/Debit Card No.
  • Any other information as may be required
• The Users shall solely and exclusively be responsible for providing correct, accurate and up-to-date information on the Website.
• The Users will be notified of their log-in credentials through e-mail on conclusion of their registration on the Website or Application.
• The Users will be given an option to change the password for his account on the Website or Application in case of loss or compromise of password.

Prohibited use

• The Users shall use the Website solely for personal and non-commercial purposes.
• The Users shall not decompile, reverse engineer, or disassemble the contents of the Website or modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the use of Website.
• The Users shall not use the Website in any way that is unlawful or harms the goodwill or reputation of the Company.
• The Users shall not use the Website in any way which:
• Interferes with another person’s use of the Website.
• Makes or transmits electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;
• Transmits or makes available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website, interests or rights of other Users or limit the functionality of any computer software, hardware or telecommunications.
• Uses the Website in any manner that could damage, disable, overburden, or impair any of the Company’s servers or the networks connected to any of the servers.
• Use the Website for purposes that are not permitted by these Terms of Use or any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction.

Access

• The Users’ access to the Website may be occasionally suspended or restricted for the purpose of repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.
• There is no warranty, representation or guarantee that the Website, or the use thereof will be uninterrupted, complete, accurate, current, reliable, error-free, secure, or that any problems will be corrected, or that any information, software, or other material accessible from the Website is free from viruses or other harmful components. The Company does not warrant, guarantee, or make any representation regarding the use of or the results arising from the use of the Website either in terms of its compatibility with hardware or other software or equipment, and the Users must assume all responsibility and risk for use of the Website and its services, information.

Alerts

• The Company may alert the user by email or phone (through SMS/call) to inform them about Service offerings of the Company and any other information that the Company thinks to be useful for the User.

Log information

• When the User accesses the Website, the Company’s servers automatically record information that the User browser sends whenever the User visit a website. These server logs may include information such as the Users web request, internet protocol address, browser type, browser language, the date and time of the User’s request and one or more cookies that may uniquely identify the Users browser.

Submissions

• The Company is open to receive comments and suggestions from the User about the product on the Website. Any information including comments, suggestions or other Information (hereinafter referred to as “Submissions), provided by the User through the Website or in response to any content on the Website, will become the Company’s property.
• The Company and its designees may use any Submissions without restriction, and are granted without limitation worldwide, perpetual, royalty-free, irrevocable right to reproduce, modify, edit, publish, and make derivative works from sale and distribution. The Company will not be liable to pay any royalty, claim, reward, consideration, or other compensation for any Submission that is received or for any use thereof.
• If the Company receive Submissions that contain PII about the User, such as their name, address and telephone number, the Company’s Privacy Policy will govern how to use or disclose the information. The Company’s Privacy policy may be referred for further information.

Retention of Data

• The Company will retain the Users Information for as long as necessary for providing the Services available on the Website or till the User request to terminate the Account whichever is later.
• The Company may be obligated to retain certain information under the applicable law and accordingly such information shall be retained as prescribed under the applicable law or part of Company’s contractual obligations.
• Post termination of the Users account or withdrawn on consent to use certain information/data, the Company continue to use the Users anonymized data aggregated or in combination with anonymized data of other Users. The Company uses this aggregated anonymized data for data analysis, profiling and research purposes, for example to gain insights about the Company’s Users and their profiles. The Company may keep the Users contact information along with the Users application details (if any) for fraud prevention purposes and for the exercise/defense of a legal claim or for providing evidence in legal proceeding(s).

Breach

• Without limiting other remedies, the Company may, at its sole discretion may limit activity of the Users, immediately for temporary/ indefinite period or may suspend or terminate or block membership and/or refuse to provide access to the Website in the event, including but not limited to:
• Breach of the Terms of Use or any other rules and policies as displayed on the Website.
• If the Company is unable to verify or authenticate the information furnished by the Users.
• In such circumstances wherein the Company is of the opinion that there is a violation of any law(s) in force.
• The Users willing to use the Application also agree that any breach of these Terms of Use or any other rules or policy as displayed on the Website will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would normally be inadequate. In case payment of monetary damages is deemed adequate remedy in the Company’s opinion, the Users consent to pay the same to the Company, which shall not forestall the obtaining of any injunctive or equitable relief that the Company deems necessary or appropriate in such circumstances. These remedies shall be in addition to any other remedies the Company may have in law or in equity.
• If the Company initiates any legal action as a result of any breach of these Terms of Use or any other rules or policy, the Company shall also be entitled to recover all reasonable legal costs in respect of such action, in addition to any other relief available to the Company under law.

Intellectual Property Rights

• Intellectual Property of the Company includes, but is not limited to, innovations, improvements, processes, technical know-how, techniques, source code of the Company, content made literary and artistic works, schematics, patents, proposed trade secrets, its trademarks, trade names, designs, patents and copyrighted works, notes, agreements/ contracts entered by the Company, formulas, in-house software, VPN etc. Intellectual Property of the Company also extends to the content made available by the Company to the Users. The Company reserves the right to take any legal recourse available for the protection of its Intellectual Property.
• All intellectual property rights including trademarks & logos of the Company and the Website and shall vest in the Company and the Users shall not indulge in any act that construes that such trademarks, copyright, and logos of the Company belong to the Users.
• Users shall not use, receive or copy any source code and look and feel of the Website and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code of the Website for any purpose whatsoever.
• Access or use of the Website does not confer and shall not be construed as conferring upon anyone the license to use the Company’s Intellectual Property Rights.

Third Party Input

• The Website may contain links to third party websites. By accessing such links, the Users shall be bound by the Terms of Use of such third-party website. The Company does not have any control over such third-party websites and does not warrant any use thereof. The Users agrees that the Company is not responsible or liable in any way with respect to the content of the third-party websites. It is further clarified that availability of third-party link/ content on the Website is not an endorsement of any sort by the Company. The Users shall be solely responsible for any loss or damage of any sort incurred as a result of transactions with such third parties.
• The Users are hereby informed that while accessing the Website, the Company and the Users might have to rely on information/ data / statistics provided by the third parties. The Users agree that the Company relies on such input of data from third parties and that The Company shall not be responsible or liable in any manner with respect to the accuracy, quality, or any delay in accessing such data or the content/ data displayed by The Company by relying on the information/ data / statistics provided by such third parties.

Termination/Deletion of Account

• The Users are solely responsible for properly deleting their account, by sending an email to mail@futurekids.in.
• All of the Users’ content will immediately be inaccessible from the Website upon deletion. Within 7 (seven) days, all this content will be permanently deleted from all backups and logs. This information cannot be recovered once it has been permanently deleted.
• The Company, in its sole discretion, has the right to suspend or terminate the Users’s account in case of prolonged inactivity or misuse of the Website which is a violation of any provision(s) of these Terms of Use or violation of any applicable law. Such termination will result in the deactivation or deletion of the Users’ account or access to the account, and the forfeiture and relinquishment of all Content in the account. The Company reserves the right to refuse service to anyone for any reason at any time.

Indemnification

The Users agree to indemnify, defend and hold harmless the Company and its affiliates and their officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from the use of the Application and any violation of these Terms of Use or any applicable law.

Limitation of liability

• To the fullest extent permitted by applicable laws, in no event shall the Company be liable for any damages resulting from any of the following:
  • errors, mistakes, or inaccuracies of content.
  • personal injury or property damage, of any nature whatsoever, resulting from access to and use of the services including the Website.
  • any unauthorized access to or use of our servers and/or all PII stored therein.
  • any interruption or cessation of transmission to or from our servers.
  • any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the services by any third party;
  • any loss of data or content;
  • any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the Users utilizing of any content posted, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory.
  • the disclosure of information pursuant to these terms or our Privacy Policy.
  • The Users’s failure to keep the password or account details secure and confidential.
  • In no event shall the Company or any indirect, incidental, special, punitive, exemplary, or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.

DISCLAIMER

THIS WEBSITE AND THE SERVICES ARE PROVIDED ON AS “AS IS” BASIS WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE WEBSITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, AND TIMELINESS. PERFORMANCE, COMPLETENESS, SUITABILITY AND NON-INFRINGEMENT. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS WEBSITE, OR THE APPLICATION OR THE SERVICES. YOUR USE OF ANY INFORMATION OR MATERIALS ON THIS WEBSITE IS ENTIRELY AT YOUR OWN RISK, FOR WHICH WE SHALL NOT BE LIABLE. IT SHALL BE YOUR OWN RESPONSIBILITY TO ENSURE THAT SERVICES PROVIDED BY US MEET YOUR SPECIFIC REQUIREMENTS.

Customer Care

• If the User has grievance or complaint, questions, comments, concerns, or feedback in relation the services offered by the Company or regarding the PII or any other concern, the User may send an email to the Company at (mail@futurekids.in).
• The name and contact details of the Grievance officer is as follows:
  • Futurekids Publications Pvt. Ltd.
  • mail@futurekids.in

Force Majeure

• The term force majeure shall include, but not be limited to fires, floods, acts of God or the public enemy, embargoes, wars (declared or undeclared), riots, civil commotion, interference by civil or military authorities, terrorist acts, Government actions, order(s) or request (s), including (without limitation) certification, clearance or other document, or any other cause or contingency beyond the control of the Company in any of the aforesaid events.
• The Company shall not be liable for failure to perform or any delay in performance of any of its services when and to extent that such failure or delay is due to force majeure.

Dispute resolution

• Where any dispute or disagreement arises between the Company and the Users as to the interpretation or application of any of the terms, conditions, requirements or obligations under these Terms of Use or use of the Website, such dispute or disagreement shall be amicably resolved vide mutual discussions.
• In cases of failure to resolve the dispute/ disagreement resolved within 30 days of such discussions the dispute shall be referred to and finally resolved by the laws in force.

Governing Law and Jurisdiction

These Terms of Use shall be governed by the laws of Republic of India and the Users willing to utilize the Website hereby consents to the exclusive jurisdiction of courts in Delhi, India in all disputes arising out of or relating to the use of the Website or Application. Use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including but without limitation to this paragraph.

Severability

If any of the provisions of this Agreement or part thereof is rendered void, illegal or unenforceable in any respect under any law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

Headings

Headings of the sections of these Terms of Use are inserted for convenience reasons only and shall not constitute a part hereof or affect in any way the meaning or interpretation of the content of the respective sections