Nicabo Terms and Conditions
Please read the following terms carefully before using this service
This Terms of Service Agreement made between Kidzvoo Pvt. Ltd. (henceforth Nicabo) online service of the first part and You of the second part is subject to these terms, without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. Your agreement with Nicabo will always include, at a minimum, the terms and conditions set out in this document.
Nicabo does not sell its own products or services but merely acts as a platform to other service - providers.
2. Accepting the Terms
2.1Nicabo shall interact with customers / clients through e-mail, a form on our website, chat program on our website and phone call, Skype or similar service. By clicking a button or checkbox on a website. you accept and agree to the terms, where this option is made available to you by Nicabo in the user interface for any offering.
2.2In order to use the offering, you must first agree to the terms. You may not use the offering if you do not accept the terms.
3. Provision of the offering by Nicabo
3.1Nicabo will attempt to continuously innovate in order to provide the best possible offering for its users. You acknowledge and agree that the form and nature of the offering which Nicabo provides may change from time to time.
3.2You acknowledge and agree that Nicabo may stop (permanently or temporarily) providing the offering (or any features within the offering) to you or to users generally at Nicabo's sole discretion.
3.3You acknowledge and agree that if Nicabo disables access to your account or login route, you may be prevented from accessing the offering, your account details or any files or other content which is contained in your account.
3.4You acknowledge and agree that while Nicabo may not currently limit your use of the offering in any way, it may do so if that use hinders with the ability of Nicabo to carry on its operations or the ability of other customers to use the offering.
3.5The supply of the offering will be subject to your making payments, if any, at the regular intervals as stated in the contract for the service. In the event that your account is terminated or access is disabled, or the service is permanently or temporarily stopped, Nicabo's liability shall extend only to forfeiting the outstanding amount due for the current billing cycle. Nicabo shall not be made liable or called on to repay any amount paid during any previous billing cycle.
3.6Nicabo shall not be responsible for any loss or damage caused by a modification of the features, limitation of use of the offering or the discontinuation altogether thereof.
4. Use of the offering by you
4.1In order to access certain offering, you may be required to provide information about yourself as part of the registration process for the service, or for your continued use of the offering. You agree that any registration information you give to Nicabo will always be accurate, correct and up to date. Nicabo can share customer/ client information with employees and agents (for eg. you may share addresses with delivery agents), any company which acquires Nicabo, to the Government or law enforcement agencies (if officially requested or required by Order, Notification, Statute or Court Order) and with anyone else, with the consent of the customer / client.
4.2You agree to use the offering only for your personal, non-commercial use and for purposes that are permitted by (a) the terms and (b) any applicable law, regulation or guidelines.
4.3You agree not to access (or attempt to access) any of the offering by any means other than through the interface that is provided by Nicabo, unless you have been specifically allowed to do so in a separate agreement with Nicabo. You specifically agree not to access (or attempt to access) any of the offering through any automated means (including through the use of scripts or web crawlers).
4.4You agree that you will not engage in any activity that interferes with or disrupts the offering (or the servers and networks which are connected to the offering).
4.5Unless you have been specifically permitted to do so in a separate agreement with Nicabo, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
4.6You agree that you are solely responsible for (and that Nicabo has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Nicabo may suffer) of any such breach.
5. Your passwords and account security
5.1You agree and understand that you are responsible to Nicabo and to third parties for maintaining the confidentiality of passwords associated with any account you use to access the offering. You will be solely responsible for all activities that occur under your account.
5.2Nicabo will take due care to ensure the confidentiality of your credentials. You agree and acknowledge that in the very unlikely event of your credentials becoming known to a third party on account of an intrusion into Nicabo database, Nicabo shall not be made liable for the resulting damages.
5.3If you become aware of any unauthorized use of your password or of your account, you agree to notify the concerned official at Nicabo immediately.
6. Content in the offering
6.1You understand that all information (such as data files, written text, computer software, or images) which you may have access to as part of, or through your use of, the offering are the sole responsibility of the person from which such content originated.
6.2You should be aware that content presented to you as part of the offering, including but not limited to advertisements and promotional material of Nicabo or other companies, is protected by intellectual property rights which are owned by Nicabo, or the sponsors or advertisers who provide that content to Nicabo (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, copy or create derivative work based on this content
7. Content in the offering
7.1The Terms will continue to apply until terminated by either you or Nicabo as set out below.
7.2Nicabo may at any time, terminate its legal agreement with you if: (A) you have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or (B) Nicabo is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful)
7.2When these terms come to an end, all of the legal rights, obligations and liabilities that you and Nicabo are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
8. Content in the offering
8.1You expressly understand and agree that your use of the offering is at your sole risk and that the offering are provided as is and as available.
8.2In particular, Nicabo does not represent or warrant to you that: (a) your use of the offering will meet your requirements, (b) your use of the offering will be uninterrupted, timely, secure or free from error, including specifically from server downtime, (c) any information obtained by you as a result of your use of the offering will be accurate or reliable, and
8.3Any material downloaded or otherwise obtained through the use of the offering is done at your own discretion and risk and Nicabo will not be responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
8.4No advice or information, whether oral or written, obtained by you from Nicabo or through or from the offering shall create any warranty not expressly stated in the terms.
8.5Nicabo further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
9. Content in the offering
9.1Subject to overall provision in clause 10 above, you expressly understand and agree that Nicabo shall not be liable to you for:
- any direct, indirect, incidental, special, consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or offering, or other intangible loss;
- any loss or damage which may be incurred by you, including but not limited to loss or damageas a result of:
- any changes which Nicabo may make to the offering, or for any permanent or temporary cessation in the provision of the offering (or any features within the offering);
- the deletion of, corruption of, or failure to store, any content and other communications data maintained or transmitted by or through your use of the offering;
- your failure to provide Nicabo with accurate account information;
- your failure to keep your password or account details secure and confidential;
10. Other content to which references are made, links are provided, etc.
10.1The offering may include hyperlinks to other web sites or content or resources. Nicabo may have no control over any web sites or resources which are provided by companies or persons other than Nicabo.
10.2You acknowledge and agree that Nicabo is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
10.3You acknowledge and agree that Nicabo is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
11. Changes to the Terms
11.1Nicabo may make changes to the terms from time to time. The same will be communicated to you, on the website, without prior intimation to you. Your continued use of the offering will indicate your acceptance of the modified terms. When these changes are made, Nicabo shall make the amended copy of the terms available in an accessible location.
11.2You understand and agree that if you use the offering after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, Nicabo will treat your use as acceptance of the amended terms.
12.1 Sometimes when you use the offering, you may (as a result of, or through your use of the offering) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other offering, software or goods may be subject to separate terms between you and the company or person concerned.
12.2 The terms constitute the legal agreement between you and Nicabo and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of. (but excluding any offering which Nicabo may provide to you under a separate written agreement), and completely replace any prior agreements between you and Nicabo in relation to the offering.
12.3You agree that if Nicabo does not exercise or enforce any legal right or remedy which is contained in the terms (or which Nicabo has the benefit of under any applicable law), this will not be taken to be a formal waiver of Nicabo's rights and that those rights or remedies will still be available to Nicabo.
12.4If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these terms is invalid, then that provision will be removed from the terms without affecting the rest of the terms. The remaining provisions of the terms will continue to be valid and enforceable.
12.5 The terms, and your relationship with Nicabo under the terms, shall be governed by the laws of india. You and Nicabo agree that any dispute will be referred to arbitration, with the arbitral panel consisting of three arbitrators, one arbitrator being chosen by each party and a third being jointly appointed by the two arbitrators so chosen.