This document is an electronic record in accordance with the Information Technology Act, 2000, and relevant regulations. It includes amendments related to electronic records under various statutes as updated by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require physical or digital signatures.
Welcome to Ashoka, the website (referred to as "Ashoka" or "Site" or "we" or "us"), a service provided by Ashoka. Your use of this Site, as well as the associated services and tools, is subject to the following terms and conditions. When you make a transaction on Ashoka, you are bound by the policies applicable to the Site for that particular transaction. If you do not agree to these Terms of Use, please refrain from using this Site.
In these Terms of Use, 'you' refers to any natural or legal person who becomes a member of the Website by providing registration data while registering on the Site as a registered user, using Ashoka's computer systems.
When you use any services provided on the Site, including but not limited to customer reviews, you are subject to the rules, guidelines, policies, terms, and conditions specific to that service. They are considered a part of these Terms of Use.
Ashoka reserves the right to change, modify, add, or remove sections of these Terms of Use at its sole discretion, at any time. It is your responsibility to periodically review these Terms of Use for any changes. Your continued use of the Site following the posting of changes means that you accept and agree to these modified Terms of Use. As long as you adhere to these Terms of Use, Ashoka grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.
By accessing, browsing, or using the Site, you indicate your agreement to all the terms and conditions in these Terms of Use. Please read this agreement carefully before proceeding.
This document is an electronic record in accordance with the Information Technology Act, 2000, and relevant regulations. It includes amendments related to electronic records under various statutes as updated by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require physical or digital signatures.
Welcome to Ashoka, the website (referred to as "Ashoka" or "Site" or "we" or "us"), a service provided by Ashoka. Your use of this Site, as well as the associated services and tools, is subject to the following terms and conditions. When you make a transaction on Ashoka, you are bound by the policies applicable to the Site for that particular transaction. If you do not agree to these Terms of Use, please refrain from using this Site.
In these Terms of Use, 'you' refers to any natural or legal person who becomes a member of the Website by providing registration data while registering on the Site as a registered user, using Ashoka's computer systems.
When you use any services provided on the Site, including but not limited to customer reviews, you are subject to the rules, guidelines, policies, terms, and conditions specific to that service. They are considered a part of these Terms of Use.
Ashoka reserves the right to change, modify, add, or remove sections of these Terms of Use at its sole discretion, at any time. It is your responsibility to periodically review these Terms of Use for any changes. Your continued use of the Site following the posting of changes means that you accept and agree to these modified Terms of Use. As long as you adhere to these Terms of Use, Ashoka grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Site.
By accessing, browsing, or using the Site, you indicate your agreement to all the terms and conditions in these Terms of Use. Please read this agreement carefully before proceeding.
These Terms of Use have been agreed upon by you and constitute a valid and binding agreement between you and Ashoka. They are enforceable in accordance with their terms. You confirm that (1) you are at least 18 years of age, (2) you have the legal capacity to form a binding contract, (3) if you are registering as a member on behalf of an organization, you have the necessary authority to bind that organization, and (4) all information, data, and materials you provide on this Site or to Ashoka are true, accurate, current, and complete. It is your responsibility to keep the information you provide on this Site up-to-date and accurate.
You must establish and use your membership on the Site, and purchase and use the products and services available through the Site, in strict compliance with these Terms of Use, as well as all applicable policies, laws, rules, and regulations. Please note that all calls, emails, and other communications between you and Ashoka may be recorded.
The Privacy Notice that pertains to the collection, use, handling, disclosure, transfer, and other processing of personal information by Ashoka can be found at https://www.AshokaKids.com/about/privacy. By using this Site, you consent to the collection, storage, disclosure, transfer, and processing of any personal information we may obtain about you, whether through the Site, email, telephone, or any other means, in accordance with the terms of the Privacy Notice. Please be aware that Ashoka may update its Privacy Notice at its sole discretion and post an updated version at the provided website address.
The Product Policy governs all aspects of your product purchases through the Site.
You may create a membership on the Site. To enrol, you must (1) agree to these Terms of Use and the Product Policy, (2) provide contact information and identification details, and (3) submit any other required authentication as determined by Ashoka Kids. You are responsible for all activities under your account or password. Safeguard your account details and keep them confidential to prevent unauthorized use. Ashoka Kids shall not be held responsible for any unauthorized account use resulting from your failure to protect your account details.
You agree that having multiple accounts on the Website is a violation of these Terms of Use. Sending invites to alternate email addresses or accounts or attempting to circumvent the Referral Credit Program available on the Site (details available in the Product Policy) will result in forfeiture of your membership and all referral credits in your account.
Your Ashoka Kids membership should not be used for any purpose that competes with Ashoka Kids. Notify Ashoka Kids immediately at wecare@AshokaKids.com of any actual or suspected unauthorized use of your Ashoka Kids membership or the Site, whether by you or a third party.
You can cancel your Ashoka Kids membership anytime by contacting Ashoka Kids customer support as specified on the “Contact Us” page on the Site. Ashoka Kids may terminate your membership and deny any current or future use of the Site or other services if (1) required to comply with applicable laws, (2) you provide information that Ashoka Kids determines, in its sole discretion, to be untrue, inaccurate, not current, or incomplete, (3) you use your Ashoka Kids membership in a manner not permitted by these Terms of Use, or (4) in other circumstances deemed appropriate by Ashoka Kids in its sole discretion.
All content on this Site, including text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code, and software, is the exclusive property of Ashoka Kids, its franchisees, licensors, or content providers. This content is protected by copyright, trademark, and other applicable Indian and foreign laws. Access to this Site does not grant you any rights to the intellectual property of Ashoka Kids, its franchisees, licensors, or content providers beyond what is expressly provided herein.
Ashoka Kids grants you a limited license to access and use this Site for personal purposes. You may access, copy, download, and print the content for your personal, non-commercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. Any other use, such as downloading content for competitive purposes, unauthorized linking to the Site, modifying the Site without prior express permission, and more, is strictly prohibited.
You must not bypass any measures implemented to prevent or restrict access to this Site. Ashoka Kids may refuse or cancel any person’s registration for this Site, remove individuals from this Site, prohibit anyone from using this Site, and limit or terminate access to the Site at any time without notice. Termination of access or use will not waive or affect any other right or relief to which Ashoka Kids may be entitled, at law or in equity.
Ashoka Kids Moments is a platform for uploading pictures and videos showcasing your kids with products purchased on www.AshokaKids.com and other affiliated platforms. Access and use of this platform are subject to additional terms and conditions, in addition to the Terms of Use and Privacy Policy of Ashoka Kids.
You are responsible for any content you submit through the Site, including its legality, reliability, appropriateness, originality, and copyright. Do not upload any content that is:
You may not use a false email address or other identifying information or impersonate any person or entity. By registering, you agree to provide true, accurate, current, and complete information about yourself.
With respect to any content you submit through the Site (other than personal information, which is handled in accordance with the Privacy Notice), you grant Ashoka Kids a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such content. You represent and warrant that any content you provide does not include anything to which you do not have the full right to grant such a license to Ashoka Kids.
This Site may contain Links to other websites or resources operated by third parties not affiliated with Ashoka Kids. These links are provided for your convenience and additional access to information. Ashoka Kids is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. The inclusion of links to other sites or resources should not be considered an endorsement of the content. Different terms, conditions, and privacy policies may apply to your use of any linked sites or resources. Ashoka Kids is not responsible for any damage, loss, or liability caused by or in connection with the use or reliance on such content, products, or services available on linked sites or resources.
Certainly, here are the disclaimers and limitation of liability without capital letters:
Except as otherwise expressly provided in these Terms of Use, or required by applicable law, Ashoka Kids makes no representations, covenants or warranties and offers no other conditions, express or implied, regarding any matter, including, without limitation, the merchantability, suitability, fitness for a particular use or purpose, or non-infringement of Ashoka Kids membership, any content on the Site, or any products or services purchased through the Site, as well as warranties implied from a course of performance or course of dealing.
Your use of this Site is at your sole risk. The Site is provided on an "as is" and "as available" basis. We reserve the right to restrict or terminate your access to the Site or any feature or part thereof at any time. Ashoka Kids disclaims any warranties that access to the Site will be uninterrupted or error-free; that the Site will be secure; that the Site or the server that makes the Site available will be virus-free; or that information on the Site will be correct, accurate, adequate, useful, timely, reliable, or otherwise complete. If you download any content from this Site, you do so at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such content. No advice or information obtained by you from the Site shall create any warranty of any kind.
You acknowledge and agree that Ashoka Kids merely provides the Site, and the providers whose products and services are available on the Ashoka Kids Sites are independent contractors and not agents or employees of Ashoka Kids. Ashoka Kids is not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such third parties or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom.
You acknowledge and agree that you assume full responsibility for your use of the Site and/or for use of Site's membership, communications with third parties, and purchase and use of the products and services available through the Site. With respect to third-party user-generated content, Ashoka Kids neither originates nor initiates any transmission on the Site nor selects the sender and receiver of a transmission nor selects nor modifies the information contained in a transmission. Ashoka Kids has no control over the third-party user-generated content in the Site and acts as an "intermediary" as understood in terms of the Information Technology Act, 2000, with respect to all third-party user-generated content.
You acknowledge and agree that any information you send or receive during your membership and/or use of the Site may not be secure and may be intercepted by unauthorized parties. You acknowledge and agree that your use of the Site is at your own risk and that the Site is made available to you at no charge. Recognizing such, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither Ashoka Kids nor its licensors, suppliers, or third-party content providers will be liable for any direct, indirect, punitive, exemplary, incidental, special,consequential, or other damages arising out of or in any way related to:
It is the responsibility of the user to evaluate the accuracy, completeness, or usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site or resource. This disclaimer applies, without limitation, to any damages or injury arising from any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, file corruption, communication-line failure, network or system outage, loss of profits by you, or theft, destruction, unauthorized access to, alteration of, loss, or use of any record or data, and any other tangible or intangible loss. You specifically acknowledge and agree that neither Ashoka Kids nor its licensors, suppliers, franchisees, or third-party content providers shall be liable for any defamatory, offensive, or illegal conduct of any user of the Site. Your remedy for any of the above claims or any dispute with Ashoka Kids is to discontinue your use of the Site. You and Ashoka Kids agree that any cause of action arising out of or related to the Site must commence within one (1) year after the cause of action accrues or the cause of action is permanently barred. Notwithstanding anything to the contrary contained elsewhere, Ashoka kid’s total liability towards you for all liabilities arising from your use of the Site or purchasing products using the Site shall not, be it in tort or contract, exceed the amount paid by you to Ashoka Kid’s franchisees against the value of the products ordered by you using the Site.
Certainly, here are the various sections of your document without capital letters:
You will indemnify and hold harmless Ashoka Kids, its licensees, subsidiaries, affiliates, and their employees, directors, officers, agents, and representatives ("Indemnified Parties") from and against any and all fines, penalties, liabilities, losses, and other damages of any kind whatsoever (including attorneys' and experts' fees), incurred by such Indemnified Parties, and shall defend such Indemnified Parties against any and all claims arising out of (1) your breach of these Terms of Use, Privacy Notice, Product Policy, and all other policies applicable to you by virtue of using this Site or any other Ashoka Kids websites; (2) fraud you commit, or your intentional misconduct or gross negligence; or (3) your violation of any applicable laws or the rights of a third party. The Indemnified Parties will control the defence of any claim to which this indemnity may apply, and in any event, you shall not settle any claim without the prior written approval of the Indemnified Parties.
When you use the Site or send emails to Ashoka Kids, you are communicating with Ashoka Kids electronically. You consent to receive electronically any communications related to your use of this Site. You acknowledge and agree to receive communication from Ashoka Kids via email, phone, SMS, and/or any other means of communication or by posting notices on this Site. Please refer to the Privacy Notice to opt-out of communication that you may not desire to receive from Ashoka Kids.
You agree that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. All notices from Ashoka Kids intended for receipt by a customer shall be deemed delivered and effective when sent to the email address you provide on the Site.
Access to and use of password-protected areas of the Site is restricted to authorized users only. You are responsible for protecting your login credentials, including any password. You agree that you will be responsible for any and all statements made and acts or omissions that occur through the use of your login credentials. If you have any reason to believe or become aware of any loss, theft, or unauthorized use of your login credentials, notify Ashoka Kids immediately. Ashoka Kids may assume that any communications we receive from your email or other address, or communications that are associated with your login credentials or your account on this Site, have been made by you unless we receive a notice indicating otherwise.
The trademarks, logos, design marks, and service marks ("Marks") displayed on the Site are the property of Ashoka Kids or its licensors or content providers or other parties. Users or any parties acting on their behalf are prohibited from using any Marks for any purpose, including, but not limited to, use as meta tags on other pages or sites without the written permission of Ashoka Kids or such third party which may own the Marks. You may not use frames or utilize framing techniques or technology to enclose any content included on the Site without Ashoka Kids's express written consent. Further, you may not utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without Ashoka Kids's express written consent. All content (including any software programs) available on or through the Site is protected by copyright, trademark, and other applicable laws.
Ashoka Kids respects the intellectual property rights of others, and we ask our users to do the same. You are hereby informed that Ashoka Kids has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of website users or Ashoka Kids members who are repeat copyright infringers. Ashoka Kids may, in appropriate ircumstances and at its discretion, disable and/or terminate the accounts and/or memberships of users who may be infringing the intellectual property of a third party. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us at wecare@AshokaKids.com. Ashoka Kids may update this contact information from time to time without notice to you. We will post the current contact information on this Site.
You may not assign these Terms of Use (or any rights, benefits, or obligations hereunder) by operation of law or otherwise without the prior written consent of Ashoka Kids, which may be withheld at Ashoka Kids's sole discretion. Any attempted assignment that does not comply with these Terms of Use shall be null and void. Ashoka Kids may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.
These Terms of Use constitute the entire agreement between you and Ashoka Kids regarding the specific matters herein, and all prior agreements, letters, proposals, discussions, and other documents regarding the matters herein are superseded and merged into these Terms of Use.
These Terms of Use shall be governed by laws of India without reference to the conflict of laws principle. The Courts in [Kolkata] would have the exclusive jurisdiction in any proceedings that arise out of these Terms of Use.
Each of the provisions of these Terms of Use is severable. If any provision of these Terms of Use (or part of a provision) is found by any court of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted or modified, the provision shall apply with whatever modification is necessary to give effect to these Terms of Use.
You acknowledge and agree that Ashoka Kids may, in its sole discretion, modify, add, or remove any portion of these Terms of Use at any time and in any manner, including the terms of Ashoka Kids membership, by posting revised Terms of Use on the Site. You may not amend or modify these Terms of Use under any circumstances. The current version of these Terms of Use is available at [URL]. It is your responsibility to check periodically for any changes we make to the Terms of Use. Your continued use of this Site after any changes to the Terms of Use means you accept the changes.
Notwithstanding the expiration or earlier termination of your Ashoka Kids membership, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations or rights of a party will survive the expiration or termination of these Terms of Use.
If you have any questions or comments about these Terms of Use, please contact us by email at wecare@AshokaKids.com. If you notice any discrepancies in the information provided to us or have any grievance against us, you may contact our Grievance Officer. The details of the Grievance Officer are as follows wecare@AshokaKids.com.
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