This document is published in accordance with, inter alia, the provisions of Regulation of the European Union General Data Protection Regulation and The Information Technology Act, 2000 (Act 21 of 2000), which requires publishing the rules and regulations, privacy policy and Terms of Service for the access or usage of the Platform (as defined hereunder).
The Platform is owned and operated by BuzzingBubs Infomedia Private Limited (the “Company” or “We” or “Us” or “Our”), a company incorporated under the provisions of Companies Act, 2013 and having its registered office at #42/43, Peenya Industrial Area III Phase Bangalore, Karnataka – 560058, India.
The Company is involved in the business of providing information, guidance, knowledge, tips and other self-exploratory and learning materials which help, guides and assist parents in their Parenthood. The Company provides its services through its online web platform, namely www.BuzzingBubs.com (“Platform” or “BuzzingBubs”). BuzzingBubs is a trusted integrated platform and functions as a digital one stop solution for its end user (“You” or “User”) for all parenting related information, BuzzingBubs provides you information which includes but is not limited to schools, pre-schools, play areas, party avenues, activity classes, hobby classes, health and nutrition and etc.
We request You to carefully go through these terms & conditions (“Terms of Service” or “Agreement” or “ToS”) prior to using BuzzingBubs or accessing the Platform. By accesing and browsing through the Platform you agree to these ToS and we assume that You have agreed to irrevocably and unconditionally agree to and comply with, abide by and be bound by all the obligations as stipulated in this ToS (unless otherwise explicitly made optional), which together read with our Privacy Policy and any other applicable policies referred to herein or made available on the Platform, shall govern the Company’s relationship with You in relation to the Platform.
As detailed later, this assumption is not applicable when You are providing us with Your Personal Identifiable Information (“PII”). We will explicitly seek Your consent before You share any PII with Us.
After your initial confirmation/consent to these ToS, the same will be assumed to continue until you explicitly withdraw your consent by notifying the Company of the same in writing in person or through an official email. These ToS apply to the entire Platform, i.e., to all mediums where the BuzzingBubs and/or the Company’s services are accessible and usable. These ToS supersede all previous oral and written terms and conditions (if any) communicated to You and shall act as a binding Agreement between Company and the Users.
If you do not agree to be bound by all conditions/clauses captured in these ToS, please do not use the platform or services.
1. Definitions
“Content” means and includes, without limitation, any information, data, text, User profiles, software, tags, graphics, analytics, and interactive features generated, provided, or otherwise made accessible or inputted either by you or by us or our partners or sponsors on or through the Platform.
2. Updating the ToS
Your use of the BuzzingBubs is subject to these ToS, which may be updated, amended, modified or revised by us from time to time. Each such updating or modification to the ToS will be communicated to You via email, and You will be required to give your separate consent to such revised version to be able to continue to use the Platform. To the extent possible we will sure to notify You about any additions, revisions, amendments or modifications that We may have made to ToS but as a best practice, we encourage that You refer to these ToS from time to time to ensure that You are aware of any additions, revisions, amendments or modifications that we may have made.
3. Service(s) provided to Users and Acceptable Use of the Platform
BuzzingBubs provides an array of features and functionalities, including inter alia:
- Detailed information about the various services listed on the Platform, including but not limited to classes, sports coaching, shopping, birthdays, education, informative articles and etc. The Platform also features information about various service providers who provide the abovementioned services (“Service Providers”).
- Features for various businesses and service provider to add their business and list their services on the Platform.
- Option for You to register yourself on the Platform and receive regular updates, notifications and BuzzingBubs newsletter and any other information that We may share with You.
- Providing You with all the required information, updates and notifications about events and functions organised in the city for kids and parents such as cooking and baking, acting, drama, music, dance, summer activities and many other, Additionally We also provide functionalities for You to plan Your calendar accordingly.
- Detailed articles and content on various parenting related topics and issues, such as parenting, health and fitness, travel, celebration and etc.
We are not responsible for the accuracy or legitimacy of any information, data, or Content uploaded or posted by You or any of your employees/agents on the Platform during your usage of the services. Any reliance by you on any information or Content provided by any other user will be Your responsibility.
The Company reserves the right, in its sole discretion, to modify or replace all or any part of the ToS, or add, change, suspend, or discontinue all or any part of the services at any time by posting a notice on the Platform and by sending You an email (as it deems fit). Your continued use of BuzzingBubs following the posting of any changes to the services (including the addition or removal of features) constitutes Your acceptance of those changes. Any information You provide to us for the purposes of registering and setting up your account (as specified below) shall be considered as accurate, complete and updated. You are solely responsible for the activity that occurs on Your account (including those of other users) and for maintaining the security of your account and any information You input. You understand and agree that the Company will not be liable for any damages, losses, harm or costs incurred by you as a result of the above.
You will immediately notify us in writing of any unauthorized use of Your account, or any other account-related security breach of which You are aware, so that we may immediately work with You to rectify the same and restore the integrity and security of Your account and information.
4. Access, Listing and Account Integrity
You can access the Platform as a guest user and without any formal registration process. Before accessing the Platform, You will need to accept Our ToS and Privacy Policy, and you may have to provide us with your name (name of your organization/company) and Your email ID. We may also ask You to provide us with Your name, email ID and phone number for subscribing for Our newsletter.
Apart from the personal information and detail as mentioned above we do not seek, collect, gather, process or require any other personal information and/or data from You.
It is Your responsibility to ensure that the information You provide is accurate, secure, and not misleading. You cannot list any services on the Platform using (i) the names and information of another person; or (ii) using words that are the trademarks or the property of another party (including ours); or (iii) words that are vulgar, obscene or in any other way inappropriate. You hereby agree and acknowledge the before uploading any Content on the Platform You will carefully read the contributor guidelines provided by Us and at all times will comply to these contributor guidelines, the same can be accessed at https://buzzingbubs.com/share-your-story.
5. Use of Your Information and Content
If You create, transmit, submit, display or otherwise make available any information and Content while using BuzzingBubs, You may provide only information that You own or have the right to use. Although you remain the sole and complete owner of all information and Content provided and/or uploaded by you on the Platform (including any intellectual property rights in the same), you hereby give us the right and permission to access certain information like Your name, mobile number and email ID strictly for the purposes of sending You BuzzingBubs newsletters and marketing/promotional emails.
It is necessary and mandatory for us to collect and access the information covered under point 4, and the above paragraph, for us to be able to provide you with any part of the services/BuzzingBubs. Should you choose not to provide any of the information or not to allow us to access any of the same, you will be unable to access or use some features and functionalities of BuzzingBubs.
We may use the above information for as long as your account is active and in use, and only as specified/permitted by our Privacy Policy and by applicable law. For example, we will never share Your personally identifiable information without Your prior explicit permission. Please closely review our Privacy Policy for more information regarding how we use and disclose Your personal information. Our Privacy Policy is hereby incorporated into these ToS by this reference.
Additionally, we may continue to store any other information as may be required by applicable law for the purposes of record retention. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control, that may cause the User data to be permanently deleted, irretrievable, or temporarily inaccessible.
6. Third Party Services
We use multiple third-party service providers in order to power and provide you with BuzzingBubs. In this process, we share your personal information with some of the third-party service providers, as is necessary to enable them to provide the requisite services. These are as follows:
- Mailchimp.com, which is an email marketing company. The newsletters and other articles on parenting, travel, health and nutrition and etc, that we share with You is provided by using services provided by Mailchimp.
- Amazon Web Servers (AWS), is a web-hosting company that provides us with computer infrastructure to host, operate and manage the website www.buzzingbubs.com.
- Hellobar.com, is a customer retention and lead generation website, which helps us track Your activities on the Platform. This allows us to continuously enhance Our Platform and better Our services.
The Company only use these third-party service providers to enhance Your experience while using the Platform. We only share Your Information with these third party service provider on a need to know basis and only for Our internal purposes.
The remaining Service Providers listed on the Platform provide optional/additional/add-on information in relation to the services they provide, you may choose to not share your personal information with any of them, pursuant to which you will be unable to receive the respective services as well. The Company is a technology platform and functions as an aggregator for other Service Providers. We directly do not endorse, recommend or provide any services that are listed by third party Service Provider on the Platform.
Further, we will attempt to ensure our third-party service providers, namely Mailchimp.com, AWS and Hellobar.com are bound by and adhere to the same obligations of confidentiality and data privacy as we guarantee to You.
7. Rules and Conduct
As a condition of use, You promise not to use the service for any purpose that is prohibited by the ToS, by law, or other rules or policies implemented by us from time to time. The Company (including, without limitation, any Content) is provided only for Your own personal, non-commercial use.
By way of example, and not as a limitation, You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes on any intellectual property or other right of any other person or entity; (iii) is threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortuous, obscene, offensive, or profane; or (iv) impersonates any person or entity.
Furthermore, You shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the services; (iii) bypass any measures we may use to prevent or restrict access to BuzzingBubs (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of BuzzingBubs; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that You receive hereunder.
8. Content Ownership and Copyright Conditions of Access
The Content on the Platform are either (i) generated by you, or (ii) belong to Company. Your copying of the copyrighted content published by Company on the Platform for any purpose or for earning profit will be a violation of copyright and Company reserves its rights under applicable law accordingly.
We authorize You to view and access the content available on or from the Platform only as per this Agreement. The contents of the Platform, information, text, graphics, images, logos, button icons, brand names, software code, design, and the collection, arrangement and assembly of content on the Platform (collectively, “Our Content“), are Our property and are protected under copyright, trademark and other laws. You shall not modify Our Content or reproduce, display, publicly perform, distribute, or otherwise use Our Content in any way for any public or commercial purpose or for personal gain.
You shall not access the any of the services for purposes of monitoring their availability, performance or functionality, or for any other benchmarking or competitive purposes.
9. Reliance on Information Posted
Whilst We use reasonable endeavours to provide up to date and relevant Content, the Content, suggestions and other materials posted on the Platform are not intended to amount to advice on which reliance should be placed. They may not reflect the exact and correct advice or suggestion which is absolutely apt for You. You may use the Content to have gain general guidance, knowledge and views but you should not use them as any definitive advice and you should carry out your own research. We therefore disclaim all liability and responsibility arising from any reliance placed on such Content by You. Further as a good practice we suggest that in case You require any advice or formal opinion You must consult a professional.
10. Reviews and Feedback
You agree that we may contact You through telephone, email, SMS, or any other electronic means of communication for the purpose of:
- Obtaining feedback in relation to Platform or BuzzingBubs; and/or
- Resolving any complaints, information, or queries received from you regarding the same;
and you agree to provide your fullest co-operation further to such communication by Company.
11. Profile Ownership and Editing Rights
You hereby represent and warrant that You are fully entitled under law to upload all Content uploaded by You as part of Your profile or otherwise while using our services, and that no such content breaches any third-party rights, including intellectual property rights. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of Your profile information at our sole discretion with or without notice to You.
12. Rights and Obligation relating to the Content
You are prohibited from:
- Violating or attempting to violate the integrity or security of the Platform or any content thereof;
- Transmitting any information (including messages and hyperlinks) on or through the Platform that is disruptive or competitive to the provision of our services;
- Intentionally submitting on the Platform any incomplete, false or inaccurate information;
- Using any engine, software, tool, agent or other device or mechanism (such as spiders, robots etc.) to navigate or search the Platform;
- Attempting to decipher, decompile, disassemble or reverse engineer any part of the Platform;
- Copying or duplicating in any manner any of our Content or other information available from the Platform;
- Circumventing or disabling any digital rights management, usage rules, or other security features of the Platform.
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge in writing or through email about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes or as may be required by applicable law.
In case of non-compliance with any applicable laws, rules or regulations, or this ToS/PP by a User, we shall have the right to immediately terminate Your access or usage rights to the Platform and to remove non-compliant information from the same.
13. Termination
The Company reserves the right to suspend or terminate or block Your access to the Platform and the services with or without notice and to exercise any other remedy available under law, in cases where,
- You are in breach of any terms and conditions of this ToS;
- The Company is unable to verify or authenticate any information provided to Company by You;
- The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on your part; or
Once temporarily suspended, indefinitely suspended or terminated, You may not continue to use the Platform. The Company shall destroy and/or delete all the data and other information related to You within 14 days of the date of termination. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including without limitation, warranty disclaimers, indemnity and limitations of liability.
14. Disclaimer
The services (including, without limitation, any content) are provided “as is” and “as available” and are without warranty of any kind, express or implied, including but not limited to, the implied warranties of title, non-fringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. The company and its directors, employees, agents, suppliers, sponsors and partners do not warrant that: (a) The services and the platform will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c)any content or software available at or through the platform is free of viruses or other harmful components; or (c) the results of using the platform will meet your requirements. Your use of the platform and the services is solely at your own risk.
15. Indemnification
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/JV partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) Your use or misuse of, or access to, the Platform; or (ii) Your violation of the Terms of Use or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in connection therewith.
16. Limitation of Liability
To the fullest extent permitted by law, in no event shall the Company (nor its Directors, Employees, Agents, Sponsors, Partners, Suppliers, Content Providers, Licensors or Resellers) be liable under contract, tort, strict liability, negligence or any other legal or equitable theory will respect to the service (I) For any lost profits, data loss, loss of goodwill or opportunity, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever; or (II) For your reliance on the service; or (III) For any direct damages in excess (in the aggregate) of the INR.1000/- (Indian Rupees One Thousand); or (IV) For any matter beyond its or their reasonable control, even if Company has been advised of the possibility of any of the aforementioned damages.
17. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform, the ToS or any transactions entered into on or through the Platform shall be subject to the exclusive jurisdiction of the courts at Bangalore, Karnataka India and You hereby accede to and accept the jurisdiction of such courts.
18. Miscellaneous
The ToS are the entire agreement between You and the Company with respect to BuzzingBubs and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Company with respect to the same. If any provision of the ToS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the ToS will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. The ToS are personal to You and are not assignable or transferable by You except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the ToS and neither party has any authority of any kind to bind the other in any respect. All notices under the ToS will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
19. Contact
If You have any questions regarding the Platform or the Company, please contact Company at buzzingbubsindia@gmail.com