The terms of use relate to the use of Lelumimedia Pvt. Ltd. (“Tots”, “we”, “us”) platform and its related services, applications and tools whereby various events, competitions, etc. shall be organized by Tots in with or without association of other partners for children. By using the services via Tots platform, you (“you”, “your”, “User”) i.e. the friends, family, relatives, etc. of such children confirm that you accept these terms and conditions and that you agree to comply with the same.

Registration

Registration of User is mandatory for availing the services and registration process requires the User to disclose his/her or the child’s basic information for processing and to create an account. Only after the User creates an account, the User is eligible to avail the services on payment of prescribed fees for services. You agree not to misrepresent your identity or the child’s identity or your geographical locations, by any means. The User agrees and understands that we may verify the information provided by User and may also ask for further information after registration is completed. By registering, you certify that all information you provide, now or in the future, is accurate. Tots may at its sole discretion may close the account of the User if it is found that information provided by User is false, misleading and/or there is any breach of condition and/or applicable laws by User. 

Services

The events, competitions, etc. are open only for children from age group 0-14 years of age which is subject to change by Tots. You agree that you and the child’s participation and usage of services are at your own risk and we disclaim all liability. User agrees and understands that the identity of the panel of judges to determine the result/outcome of the services pertaining to any event, competition, etc. may be discreet and/or confidential and the User may not be provided with the details of such identity. The decision of the panel of judges shall be final and binding and shall not be subject to challenge by User and no correspondence will be entered into. Tots shall not be responsible or liable for the outcome of the services provided herein. You agree to be fully responsible for making your own judgment without making any demands, claims, actions, etc. against Tots or any of its panellists, officials, etc. You agree that if your user account child is selected, you and the child will take part in and co-operate fully with reasonable publicity and to the use of the name, photograph and any comments in such publicity without any fee being payable. Tots reserve the right to at its sole discretion, to eliminate or disqualify any entries or entrants that it regards as being in breach of these terms and conditions or the spirit of the event. Tots accepts no responsibility for system errors or other issues that may result in disruption to, lost, delayed or not received entries of the services or events. We may film, photograph and/or record the selected entrants and use the same for publicity purposes in any and all media, worldwide in perpetuity. Tots reserves the right to cancel, amend, withdraw, terminate or temporarily suspend its services or the events without notice at any time, for any reason whatsoever and in such an event User agrees to waive any rights, interests, expectations that you may have in terms of the services against us, our affiliates, service providers, etc. 

Offer

This application and services related thereto is event and time based and may be availed only once by one account user. User on payment of applicable fees may be entitled to benefits at the sole discretion of Tots, which is subject to change and modification. We may offer other or special promotional offers from time to time. Such offers are governed by the offer specific terms and conditions of the respective offer. Tots reserve the right to withdraw, modify, amend, etc. this offer at any time without assigning any reason.

Use of the application

By accessing the website or application, User warrants and represents to Tots that User is legally entitled to do so and to make use of information made available via the website or application. User agrees, undertakes and confirms that his use of application shall be strictly governed by the following binding principles. User shall not host, display, upload, modify, publish, transmit, update or share any information which:

1. Belongs to another person and to which User does not have any right 
2. Is grossly harmful, harassing, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, or otherwise unlawful in any manner. 
3. Is misleading in any way
4. Infringes upon or violates any third party’s rights
5. Tries to gain unauthorized access or exceeds the scope of authorized access to the website. 
6. Violates any law for time being in force.
7. Shall not be false, inaccurate or misleading

You agree to keep confidential any information which you know or reasonably ought to know is confidential and which relates to us, our business, events, services, etc. 

Payment Platforms

You have to make the payment for any services availed through credit card, debit card, internet banking, UPI, etc. You hereby represent that any credit or debit card used by you for payment shall

1. Not have expired and should be a valid credit or debit card issued by a recognized financial institution, 
2. Shall have sufficient funds for payment of the services availed and 
3. Not have been stolen or otherwise give rise to any civil or criminal liability or proceedings.

The User agrees and understands that payment mechanisms may be governed by separate or additional terms of use prescribed by us or by separate agreements between us and the third parties who provide facilities for such payment mechanism. The User agrees and understands that payment shall be sole responsibility of User and User takes all responsibility or liability for defect or any issues in any payment procedure. All the invoices regarding the services opted for by the Users shall be sent or communicated to their e-mail id within 48 hours of payment by the User. Any applicable taxes payable under law for the services availed by the User shall be paid and borne by the User

No Warranties

This application is provided “as is” without any representations or warranties, express or implied. Tots make no representations or warranties in relation to this application or the information and materials provided on this application. We will not be liable for any delay, interruption or failure in the provisioning of services if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, epidemic, pandemic, labour disputes, non-availability of professionals, third party acts or other similar events beyond our control that may prevent or delay the services. 

Limitation of Liability 

We will not be liable to you whether under the law of contact, the law of torts or otherwise, in relation to the contents of, or use of, or otherwise in connection with, this application:

1. for any direct, indirect, special, exemplary or consequential loss; or
2. for any business losses, loss of revenue, income, profits or anticipated savings, 
3. loss of contracts or business relationships, loss of reputation or goodwill, or 
4. loss or corruption of information or data.

In no event we will be liable or take responsibility for the contents, accuracy and completeness for the decisions/reports/analysis, etc. Notwithstanding anything stated herein in no event shall the total liability of Tots at any given time exceed Rs. 100/-. 

You shall be solely responsible for and be subject to legal actions for any illegal activities, frauds, deliberate misrepresentations and omissions done by you. 

Collection of Information

We collect information when you subscribe to use the service, log in with social networking credentials, device location, gain access to our services or at other specific instances when you are requested to provide us with your personal, financial, commercial, business information. We may ask the users for their name, email address, contact numbers, information and other personal details and it is deemed that the user has given Tots the right to publish the desired details throughout its marketplaces, including but not limited to, business directory, catalogues etc. We also gather usage statistics such as pages viewed, number of unique visitors, browser software, screen resolution etc. for analysis that helps us provide you improved user experience and services. Any other information could also be collected by us while learning more about your preferences. We use information for internal and service-related purposes only and may provide it to third parties to allow us to facilitate the service, these third parties may include marketing partners, goods suppliers, credit/debit card processors, hosting providers and other third party vendors, partners or suppliers. We may use and retain any data we collect to provide and improve our services. 

Copyright

Subject to the express provisions of these terms and conditions:

(a) Tots together with its licensors, own and control all the copyright and other intellectual property rights in the application and the material on the application; and

(b) All the copyright and other intellectual property rights in the application or application and the material on this website or application are reserved.

(c) No material from the application can be copied or downloaded, edited, modified or saved except as expressly permitted. 

Intellectual Property Rights

All Intellectual Property Rights including, without limitation, all database rights, rights in designs, layouts, images, rights in know-how, patents and rights in inventions in all cases whether registered or unregistered and including all rights to apply for registration and all other intellectual or industrial property rights in any jurisdiction in any information, content, materials, data or processes contained in or to this application belong to Tots or its licensed source. All rights of Tots in such Intellectual Property Rights are hereby reserved. Tots is the sole owner or lawful licensee of all the rights to the application and its content. Application content means its design, layout, text, images, graphics, sound, video etc. The web site or application content embodies intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with Tots. Tots accepts no responsibility for any errors or omissions, or for the results obtained from the use of this information. All information in this application is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of this information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. 

Indemnification

You agree to indemnify and keep indemnified Tots and its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, sub-contractors, agents, and representatives, and to hold them harmless from any and all claims, actions, suits and liabilities, losses, damages, costs and expenses including legal fees that may arise from your material, from your unauthorised use of Tots’s content, or from your breach of these terms and conditions. This defense and indemnification obligation will survive these terms and conditions and your use of and access to the service.

Linking to other sites

For convenience and enjoyment of the User, Tots may provide links to other web sites on the world wide web that are not operated by Tots. These links do not mean that Tots endorses, approves or sponsors any information available at the linked site or any products that may be sold there, nor is Tots liable for any damage that might result from use of such information. 

Termination

Tots may terminate, change, suspend or discontinue any aspect of the application or the services at any time. Tots may restrict, suspend or terminate your access to the application and/or its services if we believe you are in breach of our terms and conditions or applicable law, or for any other reason without notice or liability. The User agrees and understands that Tots takes no responsibility for and will not be liable for loss of User’s data or outcomes of the services. 

Governing Laws

The Terms and Conditions, and the relationship between Tots and User, shall be governed by the laws of India, without regard to conflict of law provisions. User agrees that any cause of action that may arise under the terms of use shall be commenced and be heard in the appropriate court in Pune, Maharashtra. User agrees to submit to the personal and exclusive jurisdiction of the courts located in Pune, Maharashtra.

Arbitration

In the event of any disputes or differences between the Parties hereto, the Parties shall explore all possibilities for an amicable settlement. In case an amicable settlement cannot be reached, such disputes or differences shall be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 including any amendment or re-enactment thereof. The proceedings of such arbitration shall be conducted in English language and the seat and venue of such arbitration shall be Pune. The award of such arbitration shall be final and binding upon the Parties hereto.

Entire Agreement and Severability

These terms and conditions contain the entire agreement between the parties in relation to its subject matter. If at any time any part of these terms is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these terms and conditions and the validity and/or enforceability of the remaining provisions shall not in any way be affected or impaired as a result of that omission. 

Changes to Terms

Tots may edit, change or modify this terms from time to time with or without making any announcements. 

Contact

For queries you can get in touch with us at info@totsindia.in.