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Kids Terms & Conditions

TERMS AND CONDITIONS OF USE

  1. INTRODUCTION

These Terms and Conditions of Use (“Terms of Use”) is a legal contract between Enavant Research LLP (“Enavant Research LLP” or “We, “we” or “Us”, us” or “Our, our”) and you (“User”, “You”, “you” or “your”, “Your”), a User. These Terms of Use governs the use of the online gaming app (also referred to as the “Platform”). These Terms of Use governs your use of the Platform through any mode of computers, tablets, mobile or any other storage/transmitting device.

The Platform is operated and owned by Enavant Research LLP , an Indian private limited company bearing LLPIN:ABZ-4282 and having its registered address at 209, Iscon Elegance, Nr. Prahaladnagar Cross Road,S.G. Highway,Ahmedabad,Gujarat- 382430.

The Platform provides an online Game (defined below) for children LACTORICK’s SPACE ADVENTURE, the Space Cow is a thrilling mobile game for kids. Join Lactorick on his journey through the cosmos, exploring planets, dodging asteroids, and collecting stars!

 

BY ACCESSING AND USING THE PLATFORM, YOU ARE AGREEING TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE THEN DO NOT USE THE PLATFORM.   

We may update these Terms of Use from time to time to reflect new practices or technologies that impact use of the Platform. The date of the last revision or update appears at the top under the title. PLEASE READ THIS TERMS OF USE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS TERMS OF USE, INCLUDING ENAVANT  PRIVACY POLICY (Privacy Policy). IF YOU DO NOT AGREE WITH THESE TERMS OF USE AND THE PRIVACY POLICY THEN DO NOT USE THE PLATFORM.

  1. DEFINITIONS

2.1 “Applicable Law” shall mean all applicable Indian laws, by-laws, rules, regulations, orders ordinances, protocols, codes, guidelines, policies, notices, directions, judgments, decrees or other requirements or official directive of any governmental authority or person acting under the authority of any governmental authority of India;

2.2 “Content” shall include (but is not limited to) any data, graphics, files, content, images, videos, location data, software, or other materials or information of any type;

  • “Game” shall mean the online game presented on the Platform;
  • “Intellectual Property Rights” shall mean registered and unregistered rights in all forms of intellectual property subsisting under the laws of India and all analogous rights subsisting under the laws of other jurisdictions and shall include any legally protectable product or process of the human intellect whether registrable as patents, trademarks, copyrights, designs or otherwise such as an invention, expression or literary creation, unique name, trade secret, business method, database, industrial process, computer program, source code, process or presentation, content, and videos and exercises;

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  • “Reward/(s)” shall mean any rewards issued by the Platform as part of the Game, upon achieving certain levels and certain scores in the Game; and
  • “Output” shall mean any output generated by the Game such as music and scores.
  1. ELIGIBILITY TO USE THE PLATFORM

3.1. You must be competent to contract under the Indian Contract Act,1872, to be eligible to use the Platform.

3.2. As far as is permitted by Applicable Law, we accept no responsibility regarding any activities which may be conducted by minors without the permission of their parents or legal guardians. In all cases, all use of the Platform by minors is the responsibility of their parents or legal guardians. If you are a parent or legal guardian and you give your permission for your child to access the Platform, you thereby agree to the Terms of Use relating to use of the Platform by your child.

3.3. The contract for the use of the Platform is concluded by downloading the Game from the Google Play Store or the Apple App Store. Details of this process can be found in the terms of use of the respective App Store. The download creates a contract between the User and ENAVANT  for the free use of the Platform.

3.4. We reserve the right to refuse to provide You with access to the Platform to new Users or to withdraw access granted to existing User(s) at any time without according any reasons for doing so.

  1. TERMS AND CONDITIONS PERTAINING TO THE GAME
  • The purpose of the Game is for recreation purposes only.
  • ENAVANT shall not be responsible nor be liable to compensate you for any loss or damages incurred by you as a result of you using or relying on the Game and/or the Output.
  • The Game is for recreation purpose only and the User shall be solely responsible for User’s reliance on the Game and the User’s judgement.
  • You shall not hold ENAVANT, its directors, officers, representatives and employees liable for any claim, suit, action, loss, damage, expense, which you may incur as a result of playing the Game.
  • You shall provide true, accurate and adequate information when requested on the Platform. ENAVANT will not be responsible for the Output provided through the Platform.
  • ENAVANT does not make any claims with respect to the performance of the Game and shall not have any liability towards any losses that the Users may incur as a direct or indirect result of their decision, to play the Game.
  • You shall use the Platform solely for playing the Game. Any use or attempted use of the Platform apart from playing the Game, will result in ban or termination and forfeiture of the use of the Platform or any Rewards.
  1. MODIFICATION

We may amend or update or change these Terms of Use from time to time entirely at our own discretion to reflect new practices or technologies that impact use of the Platform. We recommend that you review these Terms of Use on a routine basis to view any changes. The date of the last revision or update appears on top of the title. Your use of the Platform after any such amendment or change in the Terms of Use shall be deemed as your express acceptance to such amended/changed Terms of Use and you also agree to be bound by such changed/amended Terms of Use.

  1. USER ACCOUNT INFORMATION

      If you wish to access our Platform, then you may download the Game from the Google Play store or the Apple App Store.

In case you have achieved certain scores in the Game or completed certain levels in the Game, you may be eligible to receive Rewards in the Game at ENAVANT’s sole discretion.

      You understand that message and data rates may apply when you use our mobile applications on your device. You agree that ENAVANT will not be responsible for the message and data rates due to your use of any of our mobile applications on your device and You are solely responsible for any costs associated with using the Platform on your devices.

  1. LICENSE GRANT

Subject to the terms and conditions of this Terms of Use, ENAVANT grants you a personal, limited, non-exclusive, non-transferable, non-sub-licensable, revocable license to access the Platform. Except for this limited grant of access and use under these Terms of Use, we do not grant you any other rights to the Platform.

  1. USAGE OF THE PLATFORM

        Authority: You represent that you agree that you are permitted to use the Platform under Applicable Law.

        Use of the Platform: You must follow any guidelines or policies associated with the use of the Platform. You must not misuse or interfere with the Platform or try to access them using a method other than the interface and the instructions that we provide.

  1. RESTRICTIONS

     You agree, undertake and confirm that Your use of the Platform shall be strictly governed by the following binding principles and You agree not to:

  • Defeat, damage or interfere with any security feature of our Platform, nor attempt to do so;
  • Cheat, use any deceptive methods or otherwise evade or violate the rules or intended operation of any software in the Platform, nor attempt to do so;
  • Reproduce, duplicate, copy, sell, trade, or exploit, for any commercial purpose, any Game, Output or Content component or any access to the Platform, without the prior written permission of ENAVANT, except for information you have submitted or posted through the Platform;
  • In any manner whatsoever copy or distribute any proprietary information for any commercial or business use, except with our prior written permission;
  • Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Platform or any part thereof, except and only to the extent that such activity is expressly permitted by Applicable Law;
  • Transmit or upload programs, Content or materials on the Platform that contain malicious code, such as viruses, trojan horses, spyware, or other potentially harmful programs or other material or information; or
  • Violate any Applicable Laws for the time being in force.

  In case of any non-compliance by You, You agree that ENAVANT has the right to terminate your access or usage of the Platform. 

  1. LIABILITY

We do not make any claims, promises, or guarantees about the accuracy, completeness, or adequacy of the Game, Content, or Output available through the Platform and You understand that we will not be liable for errors and omissions in the Game, Content or Output available through the Platform.

  1. INDEMNIFICATION

To the maximum extent permitted by Applicable Law, you agree to defend, indemnify and hold ENAVANT and its affiliates, subsidiaries, directors, agents and employees (“Indemnified Parties”) harmless against any and all claims, demands, actions, costs, expenses, liabilities, judgments, causes of actions, proceedings, suits, losses and damages of any nature, which are threatened or brought against, or are suffered or incurred by the Indemnified Parties including without limitation (i) any gross negligence or wilful misconduct or other tortious conduct by you; (ii) any breach or inaccuracy of any of the representations, warranties, or terms of these Terms of Use or Privacy Policy; and (iii) infringement or violation by you of any Intellectual Property Rights of FRIMLINE or any third party.

  1. INTELLECTUAL PROPERTY RIGHTS
All the Intellectual Property Rights including copyright in the Game, Content, Output and allied materials shall vest solely with ENAVANT. The User will not make any claims nor exercise any rights with respect to the Intellectual Property Rights including copyright, in the Game, Content, Output and allied materials.
You agree to protect ENAVANT’s Intellectual Property Rights and the Intellectual Property Rights of all others having rights in the Platform during and after the term of this Terms of Use. We restrict Users from uploading, posting or otherwise transmitting materials that violate the Intellectual Property Rights of third parties. You agree that you will not upload, post, or otherwise transmit materials on the Platform that will violate the Intellectual Property Rights of ENAVANT or third parties.
 
  1. NOWARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GAME, ALL OUTPUT, CONTENT, MATERIALS OR YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK AND THAT THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FRIMLINE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE PLATFORM, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FRIMLINE AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE PLATFORM, DO NOT WARRANT THAT THE PLATFORM OR PLATFORM CONTENT ARE ERROR OR VIRUS FREE, WILL OPERATE WITHOUT INTERRUPTION, OR ARE COMPATIBLE WITH ALL EQUIPMENT AND SOFTWARE CONFIGURATIONS. ENAVANT AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, AND THIRD PARTIES ASSOCIATED WITH THE PLATFORM, DO NOT MAKE ANY WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR QUALITY OF THE GAME, THE OUPUT AND CONTENT AND NO USER SHALL HAVE ANY REMEDY AGAINST ENAVANT WITH RESPECT TO THE SAME.

  1. LIMITATIONOF LIABILITY

IN NO EVENT SHALL ENAVANT OR ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS AND EMPLOYEES, BE LIABLE TO ANY USER OR ANYONE CLAIMING THROUGH ANY USER FOR (1) INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGES, OR (2) ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE OR INABILITY TO USE THE PLATFORM, LOSS OF TIME, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THE PERFORMANCE OR NON-PERFORMANCE OF THE GAME, OUTPUT OR THE CONTENT ACCESSIBLE THROUGH THE PLATFORM, EVEN IF THE POSSIBILITY OF SUCH DAMAGES IS FORESEEABLE. YOU AGREE THAT THE LIABILITY OF ENAVANT, ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, AGENTS, EMPLOYEES AND THIRD PARTIES ASSOCIATED WITH THE PLATFORM IS LIMITED SOLELY TO DIRECT DAMAGES AND IN NO EVENT SHALL ANY SUCH DIRECT DAMAGES EXCEED, THE AGGREGATE OF RS.1000.

  1. TERMINATION

We are constantly innovating, changing and improving our Platform. We may, without notice, add or remove functionalities or features, create new limits to our Platform, or temporarily or permanently suspend or stop a product on our Platform.

ENAVANT may, in its sole discretion, immediately terminate, limit or suspend your usage or access to the Platform, and/or prohibit you from using or accessing the Platform without any notice, if you have violated any of the provisions in this Terms of Use. On termination, you lose the right to access or use the Platform.

  1. REPRESENTATION AND WARRANTIES

You represent and warrant that:

  • You are competent to contract under the Indian Contract Act,1872.
  • You represent and warrant that You are in compliance with all Applicable Laws when you access and use the Platform. You agree to use the Platform only in compliance with these Terms of Use and Applicable Laws, and in a manner that does not violate legal rights of ENAVANT or those of any third party(ies).
  1. FORCE MAJEURE

 Without prejudice to any other provision herein, ENAVANT shall not be liable for any loss, damage or penalty as a result of any delay in or failure to deliver or otherwise perform hereunder due to any cause beyond ENAVANT’s control, including, without limitation, acts of the User or other Users, embargo or other governmental act, regulation or request affecting the conduct of ENAVANT’s business, fire, explosion, accident, theft, vandalism, riot, acts of war, strikes or other labour difficulties, lightning, flood, windstorm or other acts of God.

  1. CONTACTUS

 If you have any questions concerning these Terms of Use, please contact us at      info@enavant.in.

  1. CONSENT FOR RECEIPT OF E-MAILS

Your registration on the Platform shall be deemed to be your consent to be contacted by ENAVANT, by way of email notifications or messages.

  1. MISCELLANEOUS
  • Governing Law and Jurisdiction: These Terms of Use is governed by the laws of the of India.  Any claim related to any dispute arising as a result of the Platform or under these Terms of Use will be made before a court of competent jurisdiction located in Ahmedabad.
  • No Partnership: You agree that no joint venture, partnership, employment, or agency relationship exists between You or other parties and ENAVANT as a result of these Terms of Use or your access to or use of the Platform.
  • Headings: Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.
  • Severability: If any provision of these Terms of Use is held to be unenforceable, such provision will be reformed only to the extent necessary to make it enforceable. 
  • Waiver: The failure of ENAVANT to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and will not limit ENAVANT’s rights with respect to such breach or any subsequent breaches.
  • Entire Agreement: This Terms of Use and the Privacy Policy on the Platform constitute the entire agreement between you and Us and govern your use of the Platform, superseding any prior agreements between You and Us.