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The website https://www.tots.tillitclicks.tech, the m-site and/or other service, regardless of how distributed, transmitted, published, or broadcast and any related pages and Content, under our control (“Service”) is developed, owned and operated by Lelumimedia Private Limited , a company incorporated under the applicable laws of India.
By accessing and/or using the Service, you (“the User”, “you”, your”) agree (1) to be bound by these Terms and Conditions and are deemed to have read and understood all of its contents and implications; and (2) to grant free and unconditional consent to be subject to these Terms and Conditions as applicable. You should also read Lelumimedia Private Limited’s Cookie Preferences which can be found here .
If you do not agree with these terms and conditions, please do not use the Service.
Use of Service by You
You must be at least 18 years of age in order to use the Service.
For the purpose of these Terms and Conditions, “Content” shall mean all content, information and material, including software, technology, text, links, posts, messages, emails, music, sound, graphics, pictures, video, games and all audio visual or other material available on or through the Service, whether posted, uploaded, transmitted, sent or otherwise made available by Lelumimedia Private Limited, its licensors, vendors, and/or service providers, or by you, and/or other users or third parties.
You may retrieve and display Content from the Service on a computer screen or other potable device, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your own personal, archival, non-commercial use only.
You may not in any way make commercial or other unauthorised use, by publication, re-transmission, distribution, performance, caching or otherwise, of any Content. You agree to use the Service only for your own personal non-commercial use and lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.
Notwithstanding anything else in these terms and conditions, you agree not to use the Service (i) in any way that breaches any applicable local, national or international law or regulation; (ii) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; (iii) for the purpose of harming or attempting to harm minors in any way; (iv) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); (v) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or (vi) to copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content, including without limitation photos, images, text, music, audio, videos, podcasts, data, software, source or object code, algorithms, statistics, analysis, formulas, indexes, registries, repositories, or any other information available on or through the Service, including by an automated or manual process or otherwise.
Your personal information such as e-mail addresses, etc. are not sold by Lelumimedia Private Limited to third parties. You grant consent to Lelumimedia Private Limited to use and share the personal information provided by you for Lelumimedia Private Limited’s business purposes and/or for the purposes of investigation under good faith and belief that such investigation or disclosure is (a) reasonably necessary to comply with legal process and law enforcement instructions and orders, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on Lelumimedia Private Limited; (b) helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) helpful to protect Lelumimedia Private Limited’s rights, reputation, property, or that of Lelumimedia Private Limited’s users, subsidiaries, or the public.
Research & Insight
Lelumimedia Private Limited runs various user communities, forums and reader panels. Lelumimedia Private Limited sends out research invitations to their research communities, to people who pay for our products and services and to people who have opted in to receive communications from Lelumimedia Private Limited.
Competitions and Prizes
From time to time Lelumimedia Private Limited may run competitions, promotions, etc. through their Service. These are subject to the Competition Terms & Conditions and/or separate terms and conditions that will be made available in each instance.
User Content
This Website facilitates the posting/ uploading/ submission of photos, profiles (including the name, image, and likeness of the person posting / publishing them), messages, notes, text, information, video, links to other websites and other content including without limitation comments posted by you (the “User Content”) which may be submitted through the website interface.
You understand that your communications on the Service are not private or confidential and may be viewed by others accessing the Service.
Lelumimedia Private Limited does not endorse, support, sanction, encourage, verify or agree with the comments, opinions or statements posted as User Content. Any information or material placed online by other users of the Service, as part of User Content or otherwise, is the view and responsibility of those users and does not represent the view of Lelumimedia Private Limited.
You shall be responsible in all respects for the User Content posted or published by you and any consequences that may arise from such posting / publishing.
You represent and warrant that you shall not post , disseminate, transmit, upload or publish any User Content, (i) without procuring the necessary clearances, rights and permissions, as applicable in case such User Content belongs to a third party; (ii) which is in contravention of any Indian law; (iii) which is false, profane, hateful, abusive, discriminatory, defamatory, infringing, obscene, pornographic, sexually explicit, etc. or may otherwise be considered as inappropriate; (iv) that exploits or violates any proprietary, private or personal rights of any person or entity in any manner; (v) false or misidentifying information on any registration form /profile, or impersonate others (including well-known personalities) so as to mislead or confuse other users regarding the source of the User Content; (vi) third parties in a manner that could be construed as conveying sponsorship, endorsement, option, or representation or warranty of Lelumimedia Private Limited; (vii) that contains software or other material that violates the intellectual property rights of any third party; (viii) promotes any form of illegal activity including (by way of example) hacking, drug taking, terrorism, cracking or distribution of counterfeit software and (ix) which may or does contain viruses, trojan horse, worm, time bomb, cancelbot, corrupted files, or other similar harmful software or programs that may damage the operation of another’s computer or computer systems.
Lelumimedia Private Limited reserves the right to, but undertakes no duty to, review, edit, move or delete any User Content in Lelumimedia Private Limited’s sole discretion and without notice.
By posting/ uploading/ submitting User Content on the Service you grant Lelumimedia Private Limited a worldwide, nonexclusive, perpetual, transferable, and royalty-free license (with the right to sublicense, to use for all purposes as deemed fit by us including but not limited to by way of commercial exploitation, promotional use, etc.) to store, archive, copy, reproduce, process, adapt, crop, modify, publish, transmit, perform, display, distribute, right to us to copy, prepare derivative works or abridged version of such User Content in any and all media, improve, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly, by submitting, posting or displaying or otherwise making available the Content and/or uploading the Content on or through the Service. Lelumimedia Private Limited has the sole right to perform the above mentioned activities without any further consent, notice and/or compensation to you or to any third parties.
Third Party Content
The Service may include links to services supplied by or operated by third parties including advertisers and other content providers. Lelumimedia Private Limited does not control such linked services, and is not responsible for their Content, functionality or legality. Those third parties may collect data or solicit personal information from you; Lelumimedia Private Limited is not responsible for the collection, use or disclosure of any information those services may collect. Linking to any other service or website from this Service is at your own risk.
The Service may also include certain features, functionality, and/or Content that may be hosted, administered, supplied by or operated by third party service providers, such as social, community and public discussion areas, photo and video galleries, blogs, auctions, shopping, payment processing. These service providers may require that you agree to their additional terms, conditions, contracts, agreements and/or rules. Your compliance with any such additional terms, conditions, contracts, agreements and/or rules is solely your responsibility and will have no effect on your continuing obligation to comply with these terms and conditions. Lelumimedia Private Limited specifically disclaims any and all liability in connection with the acts or omissions of such third-party service providers.
Lelumimedia Private Limited reserves the right to require that any link or activity which is in breach of these Terms and Conditions be removed and/or ceased, and to take whatever other action Lelumimedia Private Limited deems appropriate.
Intellectual Property Rights
All Content and other material on the Service is owned by Lelumimedia Private Limited or their third party licensors (and is protected by international copyright, trade dress, design, patent, and trade mark laws, international conventions, and other laws protecting intellectual property and related proprietary rights). All such rights are reserved to Lelumimedia Private Limited or their licensors.
You acknowledge that ‘TOTS India’ and any other brands or logos that belong to Lelumimedia Private Limited within the Service are Lelumimedia Private Limited trade marks and that you may not use them without written permission from Lelumimedia Private Limited.
You agree not to remove, obscure, or alter any copyright, patent, trade mark, or other proprietary rights notices appearing on the Service. You may not sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from the Content on the Service or Lelumimedia Private Limited trademarks.
Making unauthorised copies or unpermitted distribution or transmission of Content found on this Service may result in the prohibition of your use of the Service and further legal action.
Subscriptions:
Print Subscriptions
Subscription Activation Mail: On successful payment, You will receive an e-mail (please do check the spam folder in your mailbox) from Lelumimedia Private Limited which will contain your subscription details viz.
Start and End Date of your subscription
Expected delivery date of your first magazine
Your username and password to access the website
Delivery of Magazines: Subscription copies will be delivered by the Delivery Partner once the relevant issue of the magazine is released in the marketplace, however, Lelumimedia Private Limited will not be responsible for postal or courier delays.
Change in Address: In case of change of delivery address, the new address must be sent to Lelumimedia Private Limited at the e-mail address mentioned in the contact us page at least four to six weeks prior to issue cover date in order to avoid missed issues. For example, if You are moving in September, your change of address must be received by early August, otherwise your September issue will be mailed to your old address. However, the subscription copies from the October issue will be routed to your new address.
Reselling magazines: All orders are subject to approval. By ordering through this Service, You agree not to resell any subscriptions purchased from this Service.
Digital Subscriptions
Activation of Digital Magazine: Your digital subscription shall be activated the moment Lelumimedia Private Limited receives your payment confirmation.
Subscription Activation Mail: On successful payment, You will receive an e-mail (please do check the spam folder in your registered mailbox) from Lelumimedia Private Limited which will contain your subscription details.
Start and End Date of your subscription
Your username and password to access website/digital magazine.
Latest Issues: The latest issue of the digital magazine will be uploaded post the magazine launch date and the subscriber will notified of the same via an e-mail by Lelumimedia Private Limited.
Digital Magazine Access: Lelumimedia Private Limited does not have an application through which You can access your digital magazine. It is a web-only magazine which can be accessed here post your login with your credentials:
TOTS India: https://www.tots.tillitclicks.tech/
Print & Digital Subscriptions
All offers (including the complimentary gifts) on the website are limited period offers. Rates and offers valid in India only.
Non-delivery of Magazine/Gift: If You have not received our magazine or gift, please report the missed/non-delivery of the same via mail/call within 2 (two) months of the expected magazine/gift delivery date (for dates refer to your subscription activation mail), so that Lelumimedia Private Limited can sort out the issue with Lelumimedia Private Limited’s delivery partner. Under such circumstances, Lelumimedia Private Limited will re-dispatch the missed copies to You on a best effort basis at no additional cost, but no refunds, whether full or partial, or subscription extension requests shall be entertained.
Gifts – out of stock: Gifts, if out of stock, will be replaced with alternate gifts of equal or more value, at Lelumimedia Private Limited’s own and sole discretion. The expected gift delivery date will be mentioned in the subscription activation e-mail sent to your registered e-mail ID.
Auto-Renewal Subscriptions: If You have agreed to auto-renewal, your subscription will be automatically renewed unless You tell us to stop. You may cancel at any time during your subscription by contacting customer service (as mentioned under FAQ (a) below) at the information below, and receive a full refund for all unserved issues.
Transaction failure but I have been charged: In case of transaction failure from the payment gateway but You have been billed for the same, kindly contact the payment gateway helpdesk for resolution. In most cases the money is refunded back to the source by the payment gateway itself. Lelumimedia Private Limited cannot be held responsible for such cases.
As a part of the subscription, You will be receiving newsletter and marketing e-mail/SMS communications pertaining to your subscription or offers from Lelumimedia Private Limited, unless You specifically indicate your need to unsubscribe to the communication.
Lelumimedia Private Limited has the right to cancel a subscription any time on its own discretion.
Lelumimedia Private Limited has the right to revise the subscription offers any time on its own discretion.
Indemnification
You agree to indemnify and keep indemnified Lelumimedia Private Limited 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 Lelumimedia Private Limited’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.
Disclaimer of Warranty and Limitation of Liability
To the maximum extent permitted by applicable law in India, you expressly agree that your use of the Service is at your own risk. The Service is provided on an “as is” and “as available” basis for your use, and to the extent permitted by applicable law in India, Lelumimedia Private Limited and its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, sub-contractors, agents, and representatives hereby expressly disclaim any and all warranties, express and implied, including but not limited to any warranties of accuracy, reliability, title, merchantability, non-infringement, fitness for a particular purpose or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form, including but not limited to the accuracy or completeness of any information contained therein or provided by the Service.
Lelumimedia Private Limited does not represent or warrant that access to the Service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information, or that no viruses will be transmitted on the Service. Lelumimedia Private Limited does not guarantee that you will be able to access or use the Service at any or all times or locations of your choosing, or that the Service will be accessible in any specific geographic area.
In no event shall Lelumimedia Private Limited or its licensors, vendors, suppliers, service providers, and their respective officers, directors, members, employees, sub-contractors, agents, and representatives, be liable for direct, indirect, special, consequential or punitive damages arising from your use of the Service, including for viruses alleged to have been obtained from the Service, your use of or reliance on the Service or any of the information or materials available on the Service, regardless of the type of claim or the nature of the cause of action, even if advised of the possibility of such damages. In the event a jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdiction, liability shall be limited to the full extent permitted by law.
Lelumimedia Private Limited does not endorse, warrant or guarantee any third party product or service offered through the Service and will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
Termination
Lelumimedia Private Limited has the right to terminate your use of or ability to access the Service at its sole discretion, for any reason, without notice.
General
In the event that you are exposed to Content on the Service which you believe is unlawful, obscene, defamatory, libelous, threatening, pornographic, hateful, racially or ethnically offensive, or damaging towards any religion, ethnic group, club, organisation, company or individual, Lelumimedia Private Limited encourages you or visitor to report such material to Lelumimedia Private Limited at vogue-editorial@condenast.in , so as to enable Lelumimedia Private Limited to take appropriate action.
Lelumimedia Private Limited may change these Terms and Conditions without notice. Continued use of the Service indicates an acceptance to the Terms and Conditions herein and any subsequent changes that may be made from time to time. Lelumimedia Private Limited recommends that you re-visit these Terms and Conditions from time to time to understand and be fully aware of the user policy of the Service.
In the event that any term of these Terms and Conditions is held to be invalid or unenforceable, the remainder of the terms and conditions shall remain valid and enforceable. These terms and conditions are governed by and construed in accordance with the laws of India and will be subject to the exclusive jurisdiction of the courts of Mumbai, India.
If you need any help, want an answer to any questions, or have a complaint that needs redressal, please feel free to contact Lelumimedia Private Limited by calling on the numbers here.
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:
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
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:
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.
