Terms of Use

Please read the Terms of Use and Privacy Policy carefully before proceeding.

Perusing, Viewing, Accessing, Browsing or otherwise using the site indicates your agreement to all the terms and conditions under these Terms of Use.

An implied or express acceptance of these Terms of Use, is also express acceptance of and agreement to Policies of www.kidznest.com including but not limited to Privacy Policy as amended from time to time.

In terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000, this document is an electronic record. This electronic record is generated by a computer system and does not require any physical or digital signatures.

The provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of intermediary's computer resource. In order to comply with the provision of Due diligence to be observed by intermediary, this document is published by Nesting Bird Media Pvt. Ltd. with respect to its website www.kidznest.com.

The domain name www.kidznest.com, materialand the services rendered there under are owned by Nesting Bird Media Pvt. Ltd. a company duly incorporated under the provisions of Companies Act, 1956 with its registered office at 3 SomeshwaraComplex-2, Near Bidiwala Park, Satellite Road, Satellite, Ahmedabad-380015 Gujarat, India.

DEFINITIONS:

"Agreement" means the terms and conditions as detailed herein including but not limited to, Privacy Policy and will include the references to this Agreement as amended, replaced, supplemented or varied from time to time."

“Application” shall mean the software provided by Nesting Bird Media Pvt. Ltd. to offer services available on www.kidznest.com, hereinafter referred to as ‘Kidznest App’.

"Material" means any Content which is available on Website and Mobile App and Website itself

Content includes animated and/or live-action videos in 2D/3D/Stop-motion/Claymation and games, interactive tools and concepts, themes, stories, scripts, storyboard, background music, sound effects, songs with music, rhymes, newsletters, pictures, blogs, written text and descriptions, analytics, evaluation reports on website and mobile/tab App etc.

"Subscriber" shall mean the natural person who shall be parents or natural/legal guardian of kid,who registers with and subscribesto peruse, view, access, brows or otherwise use andavail the services on www.kidznest.com and to whom Nesting Bird Media Pvt. Ltd. shall provide access for his/her kid.

"Subscription" shall means and include:

Sr. No

Academic Standard

Duration

Subscription Fees

1

Nursery & Playgroup

1 year

 Rs. 2500.00 + Tax as applicable 

2

JUNIOR KG

1 year

 Rs. 2500.00 + Tax as applicable 

3

SENIOR KG

1 year

Rs. 2500.00 + Tax as applicable 

"User" shall mean the natural person who shall be parents or natural/legal guardian of kid, who registers with and subscribes to peruse, view, access, brows or otherwise use and avail the services on www.kidznest.comand the kid of subscriber to whom Nesting Bird Media Pvt. Ltd. shall provide access to avail the services on www.kidznest.com and Kidznest App.

"Viewer" shall mean the person or any legal entity who only views the contents of www.kidznest.comand KidznestApp but does not register and subscribe to avail or access the services on www.kidznest.comand Kidznest App.

"Website" means www.kidznest.com with its webpages,contents, material and services provided thereunder and correlated blogs thereto.

SUBSCRIBER / MEMBERSHIP ELIGIBILITY

Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 Nesting Bird Media Pvt. Ltd. reserves the right to terminate Subscriber membership/registration and / or refuse to provide with access to the Website if it is brought to Nesting Bird Media Pvt. Ltd. notice or if it is discovered that subscriber is under the age of 18 years.

This website is intended and solely designed forkids who are 6 years of age or younger. Any registration by, use of or access to the website by anyone other than parents of kids and their kid is unauthorized, unlicensed and in violation of these Terms of Use.The material on website and Apps is designed in such a manner, that only one kid can enjoy the material in its consecutive order. In furtherance of the same, one subscription is reasonable and legitimate for one kid. The use of and access to website by others under one subscription by sharing ID and password is invalid and unauthorized and for the consequences of which, the subscriber shall be liable. By using the Services or the website, Subscriber represents and warrants that Subscriber is Mother/father or natural /legal guardian of the kid and he/she has subscribed to the website for and on behalf of kid and that Subscriber agrees to and to abide by all of the terms and conditions.

If Subscriber is directly subscribing as a user of this website, Subscriber represents and warrants that Subscriber is 18 years of age and above and that Subscriber possess the legal right and capacity to use the services of www.kidznest.com in accordance with the stated terms and usage policies. Subscriber hereby represents and warrants that Subscriber is Mother/father or legal/natural guardian of the kid and he/she has subscribed to the website.In case, where a minor below the age of 6 years of age, wants to use this website and avail the services , the Subscriber shall supervise the usage by kid, and be responsible for the action of any such minors who use the computer and/or password to access the www.kidznest.com. The Subscriber shall enter into this agreement on behalf of such minor, and bind himself/herself in accordance with all terms and conditions herein.

REGISTRATION/SUBSCRIPTION DATA:

To avail of and use the services, User will have to register with www.kidznest.com and/or download the App. As a part of registration process Subscriber agrees to provide Nesting Bird Media Pvt. Ltd. current, complete and accurate registration information which may include but not limited to Name, address, mobile number, valid email ID,credit/debit card details, number of kids, school name of kid/s, academic standard ( Play Group, KG-1, KG-2) , herein after called the "Registration/ subscription Data".

If Subscriber provides any information that is untrue, inaccurate not current or incomplete or Nesting Bird Media Pvt. Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nesting Bird Media Pvt has the right to indefinitely suspend or terminate Subscriber account and refuse to provide access to www. kidznest.com and Kidznest App.

Subscriber shall be responsible for maintaining the confidentiality of his/her password, which Subscriber will not be under an obligation to reveal to any representative or agent of Nesting Bird Media Pvt. Ltd or any other person.

Subscriber agrees and understands that Nesting Bird Media Pvt. Ltd is advertising its services on www. kidznest.com and Kidznest App and Subscriber grants Nesting Bird Media Pvt. Ltd the right to disclose the aggregate Registration Data to third parties in connection with marketing of the Services. Furthermore, Subscriber agrees and grant Nesting Bird Media Pvt. Ltd the right to use Subscriber’s individual Registration/ subscription/usage Data to provide targeting of advertisements and other Service offers.

Subscriber shall notify xyz@nestingbirdmedia.com of any known or suspected unauthorized use(s) of Subscriber’s account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of User’s password.

CUSTOMER DATABASE:

Nesting Bird Media Pvt. may generate the details of customers through inbound digital marketing channels such as Google Organic/PPC, Social Media &Youtube, Content Marketing, eMailers, website such as www.kidznest.com,www.nestingbirdmedia.com or any other website/channels and/or outbound marketing channels such as print media, television, radio, door-to-door, theatres or any other marketing platform, that are collectively gathered in CRM software or any other software.

SYSTEM REQUIREMENTS:

Basic requirements to use www.kidznest.com and/or KidznestMobile/Tab App :

  1. Internet with good connectivity – works best with good WiFi connectivity and 3G/4G mobile internet connection
  2. Required to download Flash plugin in web browser according to User system requirements

www.kidznest.com is compatible with following:

A. For PC, Laptops:Works in Computers with following Operating Systems:

  1. Compatible in Windows 7,8,10 – NOT compatible in versions below Windows 7
  2. MacintoshOperating System - Mac OS: NOT compatible in versions other than below mentioned Mac OS versions
    1. Mac OS X Snow Leopard (v10.6.8)
    2. MacOS X Lion (v10.7)
    3. MacOS X Mountain Lion (v10.8)
    4. MacOS X Mavericks (v10.9)
    5. MacOS X Yosemite (v10.10)
  3. Linux Operating System versions mentioned below:NOT compatible in versions other than below mentioned Linux versions
    1. Redhat
    2. Ubuntu

B. Works infollowing Web Browsers for PC,Laptop:

  1. Compatible with Internet Explorer versions 9,10,11 NOT compatible with versions 6,7,8
  2. Mozilla Firefox: All versions compatible
  3. Google Chrome: All versions compatible
  4. Safari: All versions compatible
  5. Opera: All versions compatible

Any other web browsers for PC, Laptop - NOT compatible

C. Works in following Mobile/Tab browsers:

  1. For Android: Default browser of Android, Google Chrome, Mozilla Firefox, Opera – All versions
  2. For iOS: Safari, Google Chrome, Opera – all versions

Kidznest App will be available on Google Playstore(Android) and Apple App Store(iOS)

So there will be TWO types of Kidznest App – Kidznest Android App and Kidznest iOS App. Technical compatibility of Kidznest App will be as follows:

A. For iOS:-

  1. iOS versions 6,7,8 – compatible
  2. iOS versions 4,5 - NOT compatible

B. For Android versions:-

  1. Android Versions 4.0 and above – Compatible (Icecream Sandwich, Jellybean, KitKat, Lollipop)
  2. NOT compatible with all Android versions below 4.0

C. Kidznest App will NOT beavailable and compatibleon below Mobile/Tab Operating Systems:

  1. Windows Operating System for Phone
  2. Blackberry Operating System
  3. Symbian Operating System-Nokia
  4. Any Java based phone Operating System
  5. BadaOperating System– Samsung

Nesting Bird Media Pvt. Ltd. has the right to change or discontinue any aspect, feature or material of www.kidznest.com and Kidznest App including, but not limited to, content availability and equipment/system needed for access or use, at any time.

Viewer & User

The contents, material and services of this website www.kidznest.com and Kidznest App are available to Subscriber to use and avail, whereas only contents of this website www.kidznest.com and Kidznest App are available toViewer ( to view only) who are non-registered/non-subscribed users.

By registering and subscribing as a Subscriber with this website www.kidznest.comand Kidznest App it will be deemed that Subscriber has read, understood and agreed to fully abide by all the terms and conditions of the website as contained herein.

Neither Subscriber, User nor Viewer shall have any right , title or interest over the website, Kidznest App or any of its contents.

Subscriber, User and Viewer understand and agree that all the services provided are on the basis of as-it-is and Nesting Bird Media Pvt. Ltd. assume no liability for the accuracy or completeness or use of, nor any liability to update, the information contained on this website and App.

COMMUNICATIONS:

When Subscriber subscribes and provides information or communication to Nesting Bird Media Pvt. Ltd.Subscriber agrees and understands that Subscriber is communicating with Nesting Bird Media Pvt. Ltd through electronic records and Subscriber consents to receive communications via electronic records from Nesting Bird Media Pvt. Ltd periodically and as and when required. Subscriber may communicate with Nesting Bird Media Pvt. Ltd by email or by such other mode of communication, electronic or otherwise.

Subscriber may be contacted by Nesting Bird Media Pvt. Ltd through email/telephone/SMS. Subscriber may receive informative or promotional messages about services, offers, events, updates of website, content, any communication regarding Subscriber activity on services and details about Nesting Bird Media Pvt. Ltd.

Subscriber Obligations

In consideration of Subscriber’s use of the services, Subscriber agrees to provide correct, precise, upto date and complete information about him/her as required and fill registration/subscription form wherever necessary; and maintain and promptly update the registration data to keep it true, accurate, current and complete.

The use of Material is solely for personal, non commercial and informational use and for reference purposes only and can not be copied or posted on any networked computer or broadcast in any media. The Subscriber is under strict obligation to not to share ID and password given by Nesting Bird Media Pvt. Ltd. Any unauthorized use of any Material contained in this Website may violate copyright laws, trademark laws, and other related laws and may have various legal consequences.

None of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Nesting Bird Media Pvt. Ltd. No part of the Website, including logos, images, characters, graphics or sounds may be reproduced or retransmitted in any way, or by any means, without the prior express written permission of Nesting Bird Media Pvt. Ltd. Subscriber also may not, without obtaining Nesting Bird Media Pvt. Ltd's prior express written permission, "mirror" any Materials contained on this Website on any other server.

Subscriber shall not do any act that imposes an unreasonable or disproportionately large load on the website infrastructure;

Subscriber shall be responsible for maintaining the confidentiality of User Display Name, ID and Password and Subscriber shall be responsible for all activities that occur under Subscriber’s Display Name,ID and Password.

When Subscriber and their kid uses any of the services provided by Nesting Bird Media Pvt. Ltd. through the Website and App, they will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. Nesting Bird Media Pvt. Ltd. reserve the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to Subscriber. It is Subscriber’s responsibility to review these Terms of Use periodically for updates / changes. Subscriber’s continued use of the Website and App following the posting of changes will mean that Subscriber accepts and agrees to the revisions. As long as Subscriber comply with these Terms of Use, Nesting Bird Media Pvt. Ltd. grant Subscriber a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website and App.

RESTRICTIONS ON USE OF WEBSITE AND APP:
Use of website and App shall not be lawful if Subscriber:

  1. violates or infringes in any way upon the rights of Nesting Bird Media Pvt. Ltd  and others;
  1. violates any applicable local, provincial, state, national or international law, statute, ordinance, rule or regulation;

Subscriber Shall not:

  1. interfere with or disrupt computer networks connected to the Website and App;
  1. impersonate any other person or entity, or make any misrepresentation as to Subscriber employment by or affiliation with Nesting Bird Media Pvt. Ltd;
  2. post, transmit, publish, or distributeany material or information for which Subscriber does not have all necessary rights and licenses;
  3. post, transmit, publish, or distribute any material or information which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law
  4. post, transmit, publish, or distribute any material or information which is unlawful, threatening, abusive, defamatory, invasive of privacy, proprietary or publicity rights, vulgar, obscene, profane,  racially, ethnically or otherwise objectionable interfere with or disrupt the use of the Website and App by any other user;
  5. post, transmit, publish, or distribute any material or information which contains advertising or any solicitation with respect to  services, unless Nesting Bird Media Pvt. Ltd  has expressly approved such material in advance of its transmission.
  6. post, transmit, publish, or distribute any material or information which contains a computer virus, or other code, files or programs intending in any manner to disrupt or interfere with the functioning of the Website and App, or that of other computer systems;
  7. use the Website and App in such a manner as to gain unauthorized entry or access to the computer systems of others;
  8. reproduce, copy, modify, sell, store, distribute or otherwise exploit for any commercial purposes the website, or any component thereof (including, but not limited to any materials or information accessible through the Website);
  9. use any device, software or routine to interfere or attempt to interfere with the proper working of the website;

LIMITATION OF LIABILITY:

  1. Under no circumstances shall the Nesting Bird Media Pvt. Ltd. be liable for any loss, damage, liability or expense incurred or suffered that is claimed to have resulted from the use of above website and App, including, without limitation, any fault, virus, error, omission, interruption or delay with respect thereto. Use of this website and App is at Subscriber’s risk, and the Nesting Bird Media Pvt. Ltd will not be held liable for any errors or omissions contained in this Website and App and material provided there under. In no event, shall the Nesting Bird Media Pvt. Ltd be liable for any special, indirect or consequential damages, or any damages whatsoever resulting from loss of use, data or profits whether contract, negligence or any tort action arising out of, or in connection with, the use or performance of the Website and App and material provided there under.
  2. In no event and under no circumstances and under no legal theory, tort, contract, or otherwise shall Nesting Bird Media Pvt. Ltd. be liable, without limitation, for any damages whatsoever, including direct, indirect, incidental, consequential, exemplary or punitive, compensatory damages, arising out of any access to or any use of or any inability to access,use, misuse of ID and password or inability of kids to use or use this website including any material, information, links, and content accessed through this website or through any linked external website.
  3. Subscriber expressly agrees that use of the website and app is at Subscriber’s own risk. Subscriber shall be responsible for protecting the confidentiality of Users password(s), ID, if any. Nesting Bird Media Pvt. Ltd does not warrant that the websites and App will be uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from use of any website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through website and App. Nesting Bird Media Pvt. Ltd shall not be liable for any damages arising out of or in any way connected with the use or performance of the website and App for interrupted communications, delay, lost data or lost profits arising out of or in connection with this agreement
  4. Nothing in website shall be construed as conferring any license under any of Nesting Bird Media Pvt. Ltd or any third party's intellectual property rights, whether by estoppel, implication,conduct or otherwise.
  5. Subscriber agrees that if Subscriber provides any information that is untrue, inaccurate, not current or incomplete or Nesting Bird Media Pvt. Ltd has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Nesting Bird Media Pvt. Ltd shall have the right to indefinitely suspend or terminate or block access of Subscriber’s membership/account on the Website and App and refuse to provide with access to the Website and App.
  6. Subscriber further agree that Subscriber shall be legally obligated to fully indemnify, defend and hold harmless Nesting Bird Media Pvt. Ltd and its officers, directors, employees, affiliates and agents, and any other service provider that furnishes services to Subscriber in connection with the website, from and against any and all claims, losses, damages and expense (including Attorneys’ fees) arising from or related to the Nesting Bird Media Pvt. Ltd’s provision of the website and related services.
  7. Nesting Bird Media Pvt. Ltd shall have no liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
  8. Nesting Bird Media Pvt. Ltd may from time to time revise or update the website and App with or without any notice to Subscriber, including without limitation, updating, changing, redesigning the website and App and the material under services on website. Such revisions and updates will be supplied according to the Nesting Bird Media Pvt. Ltd 's then prevailing policies, which may change from time to time at the sole discretion of the Nesting Bird Media Pvt. Ltd and may be performed automatically.

DISCLAIMER FOR WEBSITES THAT NESTING BIRD MEDIA PVT. LTDLINK TO:

Nesting Bird Media Pvt. Ltd expressly disclaims warranties of any kind for any use of or any access of www.kidznest.com, to any material, information, links, or content presented on the web pages of external website linked and to any external material, information, links, or content linked thereto. Any material, information, links, and content presented on the web pages at www. kidznest.com and App, as well as any external website and any external material, information, links, and content linked thereto, are provided on an "as is" basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, or non-infringement. Nesting Bird Media Pvt. Ltd has no control over any external website or over any external material, information, links, and content linked to www.kidznest.com and App.

EXCLUSIONS AND RESTRICTIONS:

The following exclusions and restrictions shall apply at all times to Subscriber’s use of the website and App and/or the Services therein:

  1. Subscriber shall not attempt to gain unauthorized access to any portion or feature of the Website and App, or any other systems or networks connected to the Website and App or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
  2. Subscriber shall not probe, scan or test the vulnerability of the Website or any network connected to the Website and App nor breach the security or authentication measures on the Website And App or any network connected to the Website and App. Subscriber may not reverse look-up, trace or seek to trace any information of any other Subscriber or visitor to Website and App, or any other customer, including any account on the Website not owned by Subscriber, to its source, or exploit the Website and App or any service or information made available or offered by or through the Website and App, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Subscriber’s own information, as provided for by the Website and App.
  3. Subscriber shall not make any negative, denigrating, disparaging or defamatory statement(s) or comment(s) about Nesting Bird Media Pvt. Ltd , its website www.kidznest.com and kidznest App or the brand name or domain name (s), blogs  used by Nesting Bird Media Pvt. Ltd or otherwise engage in any conduct or action that might tarnish the image or reputation, of Nesting Bird Media Pvt. Ltd or otherwise tarnish or dilute any its trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name , copyrights as may be owned or used by Nesting Bird Media Pvt. Ltd. Subscriber agree that Subscriber will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website and App.
  4. Subscriber shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules there under as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations
  5. Solely to enable Nesting Bird Media Pvt. Ltd to use the information,Subscriber supplies his/her Information.Subscriber agree to grant Nesting Bird Media Pvt. Ltd a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, database rights or any other rights Subscriber have in his/her Information, in any media now known or not currently known, with respect to his/ her Information.
  6. Website, correlated blogs and its internal web pages may be unavailable for online access from time to time and at anytime; there are no guarantees and no warranties of online availability, impressions, and click-throughs. The entire risk as to the performance of, or non-performance of, or arising out of the use of, or the access of, or the lack of access to www. kidznest.com and App, to any material, information, links, or content presented on the web pages at www. kidznest.com, to any external website linked thereto, or to any external material, information, links, or content linked thereto, is borne by the Subscriber only
  7. Nesting Bird Media Pvt. Ltd shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.
  8. Nesting Bird Media Pvt. Ltd reserves the right, in its sole discretion, to terminate or refuse all or part of its services, for any reason without notice to Subscriber.
  9. Subscriber is strictly restricted and prohibited from printing, copying, side loading (from one device to other), emailing, saving images, social media sharing reading out aloud to record the material which is under services on website www.kidznest.com and App. This restriction extends not only to commercial exploitation but also to personal use of Subscriber. Subscriber shall promptly notify to Nesting Bird Media Pvt. Ltd in writing upon his/her discovery of any unauthorized use or infringement of proprietary and intellectual property rights of Nesting Bird Media Pvt. Ltd.
  10. Subscriber will not, allow third parties on behalf ofNesting Bird Media Pvt. Ltd to (i) make and distribute copies of the material of website and App (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the material of website and App; or (iii) create derivative works of the of website and App of any kind whatsoever.

 INTELLECTUAL PROPERTY RIGHTS:

The www.kidznest.com , Kidznest App and all blogscontain copyrighted material, trademarks and other proprietary information, including, but not limited to, trade name, domain name, blogs, trademarks,service marks, text, scripts, artwork, software, photos, characters, videos, games, graphics, music, and sound, portions of which are owned by Nesting Bird Media Pvt. Ltd. The entire contents of the www.kidznest.com, Kidznest Appare copyrighted as a collective work/compilation and validly standing in the name of Nesting Bird Media Pvt. Ltd . Nesting Bird Media Pvt. Ltd  owns copyright in the selection, coordination, arrangement and  enhancementof such content, as well as addition and modifications in the content original to it. No Subscriber,User or Visitor may modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of viewable  material will be permitted without the express written permission of Nesting Bird Media Pvt. Ltd . User and Visitor acknowledge that he/she does not acquire any ownership rights in copyrighted material.  Subscriber, User and Visitor hereby agree not to claim copyright in any work of Nesting Bird Media Pvt. Ltd on www.kidznest.com and App with minor or substantial changes.

MONITORING:

Nesting Bird Media Pvt. Ltd.reserves the right to monitor all Postings and to remove from a www.kidznest.comany posting which Nesting Bird Media Pvt. Ltd.considers in its absolute discretion to be offensive or otherwise in breach of these terms and conditions. Subscriber’s  postings shall not contain any defamatory, indecent, offensive, tortious, or otherwise unlawful material or content; and that Subscriber’s postings shall not be used to carry out or solicit any unlawful activity and/or be used to make commercial solicitations.

DISCLAIMER AND  WARRANTIES OF SERVICE:

Nesting Bird Media Pvt. Ltd.  expressly disclaims and does not warrant that the material, information, links, and content presented on and by this website and App is comprehensive, complete, accurate, sufficient, timely, or up to date for any particular purpose or use. The material, information, links, and content presented on and by this website should not be considered as professional, legal, business, education and entertainment advice, but the material is simple entertainmentsolely for kids below 6 years of age.

Nesting Bird Media Pvt. Ltd.  expressly disclaims and does not warrant any damages or injury caused to User or kid by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, tortious behavior, negligence, or under any other cause of action.

Nesting Bird Media Pvt. Ltd.  expressly disclaims and does not warrant that  www.kidznest.comand App will be constantly available, or available at all;

Nesting Bird Media Pvt. Ltd.  expressly disclaims and does not warrant that the information on this Website and App is complete, true, accurate or non-misleading.

Nesting Bird Media Pvt. Ltd. expressly disclaims and does not warrant any interpretation of test results or study material other than as a tool of learning and enhancing knowledge.

Nesting Bird Media Pvt. Ltd. expressly disclaims association, connection, alliance or affiliation with any School, Educational institute, Board or University in India or in foreign land.

The tests and exercises provided on www.kidznest.com and Appare created for understanding of concepts and are not to be interpreted as academic syllabus, educational material, sample question paper for any examinations.

EMAIL NEWSLETTERS:

Please be advised that Nesting Bird Media Pvt. Ltd. email newsletters ("Newsletters") are part of a wide distribution, and that neither Nesting Bird Media Pvt. Ltd. nor any third party involved is monitoring, reviewing or screening the recipient email list prior to its distribution. The Subscriber may discontinue the email newsletters by writing email to Nesting Bird Media Pvt. Ltd. to that effect. User can not claim any right, title and interest on the literary contents or other intellectual property rights in newsletters.

PRIVACY POLICY

Use of this site is subject to Private Policy of Nesting Bird Media Pvt. Ltd..Nesting Bird Media Pvt. Ltd. will not intentionally monitor or disclose any private messages or address information unless required by law, regulation or court order. Subscriber agrees to respect the privacy and confidentiality of others. Nesting Bird Media Pvt. Ltd. reserves the right to change or update these policies at any time without  notice, effective immediately upon posting to this site.

ENTIRE AGREEMENT

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed to be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the Subscriber and Nesting Bird Media Pvt. Ltd. with respect to the services of www.kidznest.com and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Subscriber and Nesting Bird Media Pvt. Ltd. The failure of Nesting Bird Media Pvt. Ltd. to act with respect to a breach by Subscriber or others does not waive its right to act with respect to subsequent or similar breaches.

This Agreement, and any operating rules for the www.kidznest.comand App established by Nesting Bird Media Pvt. Ltd. constitutes the entire agreement with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

This Agreement does not in any manner create any relationship whatsoever as between Subscriber, User or Viewer and the Nesting Bird Media Pvt. Ltd., either as a joint venture, partnership, employment, or agency relationship.

PAYMENT:

Payment of subscription could be made  through all Valid  Indian Credit / Debit Card of Subscriber and also through net banking. The payments are processed using payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Subscriber and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers of Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.
Service Tax on Subscription fees ( as applicable from time to time) shall be separately born by the Subscriber.

CANCELLATION AND NO REFUND POLICY:

Once Subscriber subscribes and agrees to avail the services on www.kidznest.com and App,subscription cannot be cancelled in any circumstances on the request of Subscriber. Since Nesting Bird Media Pvt. Ltd  is offering intangible irrevocable goods,Nesting Bird Media Pvt. Ltd does  not issue refunds once the package is subscribed. Subscriber is responsible for understanding that no refund or cancellation is possible upon any subscription at www.kidznest.com.andKidznestApp.No reversal of deducted charges shall be allowed under any circumstances.

INDEMNITY:

Subscriber shall defend, indemnify and hold harmless,– Nesting Bird Media Pvt. Ltd, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon Subscriber’s actions or inactions, including but not limited to any warranties, representations or undertakings or in relation to the non-fulfillment of any of its obligations under this Agreement or arising out of infringement and violation  of any applicable laws, regulations including but not limited to Intellectual Property Rights, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights.

This clause shall survive the expiry or termination of this Agreement.

SUSPENSION DUE TO NON-COMPLIANCE WITH AGREEMENT:

Notwithstanding other legal remedies that may be available to Nesting Bird Media Pvt. Ltd, may in its sole discretion limit Subscriber’s activity by immediately removing Subscriber’s registration either temporarily or indefinitely or suspend or terminate Subscriber membership/registration, and/or refuse to provide with access to the website if:

Subscriber is in breach of any of the terms and conditions of this Agreement and/or the Terms and conditions of usage and privacy policy;

Subscriber has provided wrong, inaccurate, incomplete or incorrect information;

Subscriber’s actions causing any harm, damage or loss to the other Users or Nesting Bird Media Pvt. Ltd,.

Illegal and/or unauthorized use of the Service, including unauthorized framing of or linking to the www.kidznest.comand App will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive redress.

Subscriber agrees that if any information provided by Subscriber is untrue, inaccurate, not current or incomplete or Nesting Bird Media Pvt. Ltd have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, Nesting Bird Media Pvt. Ltd shall have the right to indefinitely suspend or terminate or block access of Subscriber membership on the Website and App and refuse to provide access to the Website and App.

General

  1. This Website and App could include unintended inaccuracies or typographical errors. Nesting Bird Media Pvt. Ltd ' may make improvements and/or changes in the products, services, programs, and prices described in this Website and App at any time without notice. Changes are periodically made to the Website and app.The material, information, links, and content presented on and by this website are of a general nature only and are not intended to address the specific circumstances, requirements, or any other needs of any particular individual or entity.
  2. This website is sometimes linked to external websites over which Nesting Bird Media Pvt. Ltd  has no control and assume no responsibility, and are in no way acting as a publisher of material, information, links, and content contained on external linked websites. Links may become invalid, may expire, or may become misdirected at any time. Links are provided as a convenience and do not necessarily constitute, signify, or otherwise imply an endorsement by, or an endorsement for, or a relationship with, or connection to Nesting Bird Media Pvt. Ltd. The statements expressed on external linked websites are not those of Nesting Bird Media Pvt. Ltd; and Subscriber and Viewer are informed that Nesting Bird Media Pvt. Ltd. does not maintain editorial control over external linked websites or determine the appropriateness regarding the material, information, links, and content contained on external linked websites.
  3.  The subjects and their coverage, tests and their results as also various tutorials are to be used to assess kid’s knowledge of concepts and as test papers and should not be interpreted as a definitive score of kid’s ability. The tests and exercises are created for kids to test their understanding of concepts and are not to be interpreted as a sample question paper for any examinations.
  4. In the event any or a portion of the provisions of these Terms are held invalid, illegal or otherwise unenforceable by a Court, such provision shall be deemed amended to be valid, legal and enforceable to the fullest extent permitted under applicable law, and the remaining provisions of these Terms shall remain in full force and effect. These Terms are binding upon Subscriber and their heirs, representatives, successors and assigns. The headings of the several articles and subdivisions of these Terms are inserted solely for the convenience of reference and shall have no further meaning, force or effect. No third party shall be a beneficiary of any provision of these Terms, except with the express written consent of Nesting Bird Media Pvt. Ltd.
  5. Nesting Bird Media Pvt. Ltd. has the right to change or modify the terms and conditions applicable to Subscriber’s  use of www.kidznest.com App, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the www.kidznest.com and App, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of the www.kidznest.com and App by Subscriber subsequent to such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
  6. The subscriber availing this service shall be deemed to have consented to be bound by all the applicable terms and conditions and privacy policy of www.kidznest.com and App.
  7. Decision of Nesting Bird Media Pvt. Ltd. regarding all transactions shall be final and binding and no correspondence shall be entertained in this regard.
  8. Nesting Bird Media Pvt. Ltd. reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this service or any part thereof including charges, at its sole discretion at anytime as may be required in view of business exigencies, force majeure and/or regulatory or statutory changes.
  9. Subscriber’s mobile phone number will be used during the transmission of text messages through the mobile service provider's server for SMS Service.
  10. Subscriber can avail the services only through the system suggested in clause “SYSTEM REQUIREMENT” as mentioned herein above.
  11. Subscriber’s subscription shall be valid  for a selected period of time and for selected services, which will be as indicated and chosen by Subscriber prior to avail.
  12. Subscriber shall be required to comply with all directions/instructions etc. issued by the Nesting Bird Media Pvt. Ltd. relating to the network, the services and any/all matters connected therewith and provide the Nesting Bird Media Pvt. Ltd. all other and further information and co-operation as Nesting Bird Media Pvt. Ltd. may require from time to time.
  13. This service, at present, isinitially available only in India, the scope of which may be expanded in other countries, which would be notified on the website from time to time.

APPLICABLE LAW AND JURISDICTION:

Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Ahmedabad and Subscriber’s consent to the exclusive jurisdiction and venue of court in Ahmedabad, India (only).

Violations of this policy may result in a range of actions, including:

  1. Limits placed on account privileges;
  2. Loss of special status;
  3. Account suspension.

GRIEVANCE OFFICER

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Nesting Bird Media Private Limited
901, Shivalik High Street,
Judges Bungalow Road,
Opp. HDFC Bank, Vastrapur,
Ahmedabad-380015
Gujarat, India

Mr. Kalpesh Trivedi
Phone: +91 9638456553
Email: info@kidznest.com
Time: 10:00 am to 6:00 pm