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Terms & Conditions

Original Effective Date: November 23, 2018.
Last updated: November 23, 2018.
In using this website and/or service the USER (also referred to as “you”) are deemed to have read and agreed to the following terms AND CONDITIONS and privacy policy. TOGETHER THESE terms AND CONDITIONS AND PRIVACY Policy CONSTITUTE YOUR USER AGREEMENT (“AGREEMENT”) WITH Kidooki E-commerce Pvt LTD., owner and operator of www.kidooki.com website and application. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE and/or application, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE OR APPLICATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS of SERVICE IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEBSITE AND/OR APPLICATION, SIGN UP FOR MEMBERSHIP, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.

Account Creation and Use of Site

By registering as a user, you certify that you are 18 years of age or older. Children under the age of 13 may not become a Site user, and parents or legal guardians may not agree to these Terms of Use on their behalf. If you are a resident of a state, province or country that imposes additional or different age requirements for disclosure of personally-identifiable information, by registering as a user, you hereby represent that your registration as a user, the provision of your personally-identifiable information to us, and our use of such personally-identifiable information as stated in our Privacy Policy, does not violate the applicable laws or regulations of such state, province or country.

Kidooki E-commerce Private Limited, KIDOOKI Application and kidooki.com (hereinafter collectively referred to as “Kidooki E-commerce”) request that you provide your full name, current address, a valid email address, and any other information need to complete to sign-up process. Please note that by signing up for this Site you acknowledge that Kidooki E-commerce will use the initially provided email for all communication.

 

When you sign up to use kidooki.com website and application (hereinafter referred to as “the site”) and create an account, you will be asked to create a password. You are entirely responsible for maintaining the confidentiality of your password and for all activity made by you or anyone whom you allow to use your account. You agree to safeguard your password from access by others. You agree to defend, indemnify and hold harmless Kidooki E-commerce for losses incurred by Kidooki E-commerce or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password. Kidooki E-commerce is not responsible for any loss or damages that result from your failure to maintain the security of their account and/or password.

You are prohibited from transmitting any program, code, virus or other item of a destructive nature. Furthermore, you must adhere to all laws of your particular jurisdiction; moreover, any illegal or unauthorized purpose is strictly prohibited. The prohibition noted in these terms is subject to the law of your jurisdiction, inside the United States and abroad. You are fully and solely responsible with knowing what activities are permitted in your jurisdiction.

You agree to not reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without the express written permission by Kidooki E-commerce. The name, trademark, symbol, or representation of the KIDOOKI brand is the sole property of Kidooki E-commerce. Kidooki E-commerce retains the right to use or transfer any account information other than your credit card information. *Credit Card or Debit information is always encrypted. All transmission and storage of information by Kidooki E-commerce, is governed by Kidooki E-commerce Privacy Policy.

Kidooki E-commerce is and will be the sole arbiter of determining which activity, content, usage is deemed destructive in nature. A breach of any term in this Agreement is the sole determination of Kidooki E-commerce and will result in discipline, up to and including, termination of your account and legal action by Kidooki E-commerce.

Terms of Sale

All Products and services listed on the Site are subject to change, as is Product information, pricing, and availability. Kidooki E-commerce reserves the right, at any time, to modify, suspend, or discontinue any Site feature or the sale of any Product with or without notice. You agree that Kidooki E-commerce will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, Kidooki E-commerce shall have the right, prior to the acceptance of your order, to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card or PayPal account charged. If your credit card or PayPal has already been charged for the order and we cancel your order, we will issue a credit to your credit card account or PayPal account in the amount of the charge.

Your receipt of an order confirmation or charging your credit card/paypal account, by Kidooki E-commerce does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until it is shipped (or a portion of the order is shipped). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card or PayPal account in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card or PayPal account for the cancelled portion of the order.

Any delivery dates provided by Kidooki E-commerce are estimates. We reserve the right to make deliveries in installments. Kidooki E-commerce will send you an email when your order has shipped and you may review your order and shipping information on your account page.

User Feedback and Content Submissions

Kidooki E-commerce welcomes your feedback, but if you send us or post or embed on the Site, App or via any Service, any feedback, messages or comments; your creative or original concepts or ideas; any content, data, text, photographs, graphics or other materials; or any confidential, proprietary or other information (“Submissions”), you represent and warrant to Kidooki E-commerce that you either own the Submission or have the right to grant Kidooki E-commerce the license described below. Kidooki E-commerce does not claim to own such Submission, only the rights you have licensed to us.

You agree that in making a Submission, Kidooki E-commerce shall not be required to compensate you for any such license or Submission, that any such Submission shall not be considered confidential or non-public once submitted to Kidooki E-commerce, and that Kidooki E-commerce alone is free to decide whether or not to post or use the Submission. In the event a Submission is posted or used via the Service, you acknowledge and agree that the Submission and its contents become publicly available and, as set forth below, can be used by others. Further, by providing a Submission to Kidooki E-commerce via the Site or otherwise, you: (a) agree not to make any Submission that violates in any way the User Agreement; (b) automatically grant Kidooki E-commerce a perpetual, worldwide, unlimited, irrevocable, transferable, assignable, sub-licenseable license to use the Submission, and exercise all copyright, publicity and other rights with respect to any such Submission; (c) subject to existing laws, waive any moral rights you or your licensors have in any such Submission; and (d) agree to pay for all fees, royalties, or other costs and expenses claimed by any third party arising out of you making any Submission. You also grant each user of the Service a perpetual, worldwide, non-exclusive license to access your Submission through the Service, and to use, reproduce, collect, distribute, share, display and perform such Submission as permitted through the Service and under these terms and conditions.

Kidooki E-commerce reserves the right to remove content at any time with or without notice. Inappropriate content is not permitted on the Site and will be removed.

Rights and Reservations

Kidooki E-commerce shall have the right to terminate your use of the Site and/or your registration privileges at any time for any reason, including, but not limited to, your breach of these User Agreement, or your violation of any law, including, without limitation, violations of our intellectual property rights or the intellectual property rights of a third party, or violations of other applicable laws and regulations may at any time modify or terminate the Site for any reason, without notice. We also reserve the right to refuse service to anyone for any reason at any time.

Kidooki E-commerce has the right, but not the obligation to, remove Site content; as well as suspend a customer’s account that it deems in violation of this Agreement. We will not tolerate any verbal or written abuse of any kind (including threats of abuse or retribution) of any Kidooki E-commerce customer, Kidooki E-commerce employee, member, or officer. Such conduct will result in immediate account termination.

Kidooki E-commerce may at any time request documentation proof of identification in order to determine account ownership and use. Kidooki E-commerce may suspend use during such period until a determination can be made as to proper ownership of said account.

You agree that any dispute or claim relating in any way to your Kidooki E-commerce purchase, use of any Product, or use of the Web site will be resolved by binding arbitration rather than in court.

Furthermore, we each agree that any proceedings will be conducted only on an individual basis and not in a class or representative action or as a member of a class, consolidated or representative action. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial.

You must send a letter requesting arbitration and describing your claim to:

Kidooki E-commerce Pvt. LTD.

Limitation of Liability

You expressly and impliedly acknowledge and agree, the extent permitted by law, that Kidooki E-commerce shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or intangible damages resulting from the use of or inability to use the service. Furthermore, the extent permitted by law, Kidooki E-commerce or our suppliers shall not be held liable for lost profits or any special, incidental or consequential damages arising out of or in connection with its site, its services or this agreement.

You agree to indemnify and hold harmless Kidooki E-commerce and (as applicable) its parent, subsidiaries, affiliates, as well as Kidooki E-commerce partners, officers, directors, agents, and employees, from any and all claims or demands, including reasonable attorneys’ fees, made by any third party related to your breach of this agreement and incorporated documents or violation of the rights of any third party.

You further acknowledge and affirm that your use of the Site is at your sole risk. Kidooki E-commerce has provided this Site on a “as is” and “as available” basis without any warranty or condition, whether it be express, implied or statutory. Kidooki E-commerce makes no warranty as to the Site’s timeliness, security, interruption or errors therein.

You acknowledge and affirm that Kidooki E-commerce does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet any of your expectations, or that any errors in the Service will be corrected.

Waiver and Compete Agreement

This Terms and Conditions, together with the Privacy Policy constitute to the User Agreement and represent the entire agreement between Kidooki E-commerce and you, and supersede any and all preceding and contemporaneous agreements between Kidooki E-commerce and you. The failure of Kidooki E-commerce to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision. Any waiver of any provision in this Agreement will be effective only if in writing and signed by a duly authorized representative of Kidooki E-commerce.

 

Your Intellectual Property Rights

Kidooki E-commerce does not have, nor do they claim any intellectual property rights over the content, depictions or designs provided or uploaded to Kidooki E-commerce from its vendors for products sold on this Site. Vendors who uploaded the Content are solely responsible for the Content. Vendors represent that they have all necessary right to Content and that they are not infringing or violating any third party’s rights by posting it.

By posting Content through our Services, vendors grant Kidooki E-commerce a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Content to provide the Services and to promote Kidooki E-commerce or KIDOOKI, your KIDOOKI shot, or the Services in general, in any format and through any channels, including across any Kidooki E-commerce Services or third-party website or advertising medium.

Kidooki E-commerce Intellectual Property

Kidooki E-commerce Services are legally protected in various ways, including copyrights, trademarks, service marks, patents, trade secrets, and other rights and laws. You agree to respect all copyright and other legal notices, information, and restrictions contained in any content accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.

Kidooki E-commerce grants you a license to reproduce content from the Services for personal use only. This license covers both Kidooki E-commerce own protected content and user-generated content on the Site. (This license is worldwide, non-exclusive, non-sublicensable, and non-transferable.) If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Kidooki E-commerce or the relevant copyright holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use, in any way.

If you do something that gets us sued, or break any of the promises you make in this agreement, you agree to defend, indemnify, and hold us harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and other legal costs) that arise from or relate to your use or misuse of Kidooki E-commerce. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to this indemnification clause, in which case you agree that you’ll cooperate and help us in asserting any defenses.

Customer Information

Kidooki E-commerce will not disclose any customer’s confidential information to third parties, except as required in the course of providing our services or by law. Confidential information includes any materials or information provided by you to us that is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time Kidooki E-commerce received it; (b) comes into the public domain after Kidooki E-commerce received it through no fault of their own; (c) Kidooki E-commerce received it from someone other than the client’s without breach of this agreement or the herein confidentiality obligations; or (d) as required to disclose by law or court order.

DMCA Compliance

The Digital Millennium Copyright Act lays out a system of legal requirements for dealing with allegations of copyright infringement. Kidooki E-commerce complies with the DMCA, and we respond to notices of alleged infringement if they comply with the law and the requirements set forth in our DMCA Notice Requirements. We reserve the right to delete or disable content alleged to be infringing, and to terminate accounts for repeat infringers. (We do this when appropriate and at our sole discretion.)

If you’d like to submit a claim of copyright infringement, please visit our DMCA Notice Requirements. Our designated agent for notice of alleged copyright infringement is:

Kidooki E-commerce PVT. LTD.

Wecare@kidooki.com

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