Last Updated- JULY, 2020
IMPORTANT, READ CAREFULLY: YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND SERVICES AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE "SERVICES") OF KIDSCHAUPAL INFOTECH PVT.LTD. AND ITS AFFILIATES ("LIVE.KIDSCHAUPAL.COM") IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.
BY CLICKING/CHECKING THE "I AGREE" BUTTON/BOX, ACCESSING THE KIDSCHAUPAL WEBSITE OR BY UTILIZING KIDSCHAUPAL SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”). KIDSCHAUPAL SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THESE TERMS OF SERVICE.
Use of the Services requires one or more compatible devices, Internet access and certain software and may require obtaining updates or upgrades from time to time. Since use of the Services involves hardware, software, and Internet access; your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time-, are Your responsibility.
DEFINITIONS. The following definitions will apply in this Agreement, and any reference to the singular includes a reference to the plural and vice versa. Service specific definitions are found in Exhibit A.
“Affiliate” means, with respect to a Party, any entity that directly or indirectly controls, is controlled by or is under common control with that Party. For purposes of this Agreement, “control” means an economic or voting interest of at least fifty percent (50%) or, in the absence of such economic or voting interest, the power to direct or cause the direction of the management and set the policies of such entity.
“End User” means a Host or Participant (as defined in Exhibit A) who uses the Services.
“Initial Subscription Term“means the initial subscription term for a Service as specified in an Order Form.
"Service Effective Date" means the date an Initial Subscription Term begins as specified in an Order Form.
"Renewal Term" means the renewal subscription term for a Service commencing after the Initial Subscription Term or another Renewal Term as specified in an Order Form.
SERVICES. KidsChaupal will provide the Services as described on the Order Form, and standard updates to the Services that are made generally available by KidsChaupal during the term. KidsChaupal may, in its sole discretion, discontinue the Services or modify the features of the Services from time to time without prior notice.
Beta Services. KidsChaupal may, from time to time, offer access to services that are classified as Beta versions. Access to and use of Beta versions may be subject to additional agreements. KidsChaupal makes no representations that a Beta version will ever be made generally available and reserves the right to discontinue or modify a Beta version at any time without notice. Beta versions are provided as is, may contain bugs, errors or other defects, and Your use of a Beta version is at Your sole risk.
USE OF SERVICES AND YOUR RESPONSIBILITIES. You may only use the Services pursuant to the terms of this Agreement. You are solely responsible for ‘You and Your End Users’ use of the Services and shall abide by, and ensure compliance with, all Laws in connection with Your and each End Users’ use of the Services, including, but not limited to Laws related to recording, intellectual property, privacy and export control. Use of the Services is void where prohibited.
Registration Information. You may be required to provide information about Yourself in order to register for and/or use certain Services. You agree that any such information shall be accurate. You may also be asked to choose a username and password. You are entirely responsible for maintaining the security of Your user name and password and agree not to disclose such to any third party.
Your Content. You agree that You are solely responsible for the content ("Content") sent or transmitted by You or displayed or uploaded by You in using the Services and for compliance with all Laws pertaining to the Content, including, but not limited to, Laws requiring You to obtain the consent of a third party to use the Content and to provide appropriate notices of third party rights. You represent and warrant that You have the right to upload the Content to KidsChaupal and that such use does not violate or infringe on any rights of any third party. Under no circumstances will KidsChaupal be liable in any way for any (a) Content that is transmitted or viewed while using the Services, (b) errors or omissions in the Content, or (c) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content. Although KidsChaupal is not responsible for any Content, KidsChaupal may delete any Content, at any time without notice to You, if KidsChaupal becomes aware that it violates any provision of this Agreement, or any law. You retain the copyright and any other rights You already hold in Content which You submit, post or display on or through, the Services.
Recordings. You are responsible for compliance with all recording laws. The host can choose to record KidsChaupal meetings, classes and Webinars. By using the Services, you are giving KidsChaupal consent to store recordings for any or all KidsChaupal meetings, classes or webinars that you join, if such recordings are stored in our systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting, classes or webinar.
Prohibited Use. You agree that You will not use, and will not permit any End User to use, the Services to: (i) modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the source code of the Services; (ii) knowingly or negligently use the Services in a way that abuses, interferes with, or disrupts Kidschaupal’s networks, Your accounts, or the Services; (iii) engage in activity that is illegal, fraudulent, false, or misleading, (iv) transmit through the Services any material that may infringe the intellectual property or other rights of third parties; (v) build or benchmark a competitive product or service, or copy any features, functions or graphics of the Services; or (vi) use the Services to communicate any message or material that is harassing, libellous, threatening, obscene, indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that would give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation; (vii) upload or transmit any software, Content or code that does or is intended to harm, disable, destroy or adversely affect performance of the Services in any way or which does or is intended to harm or extract information or data from other hardware, software or networks of KidsChaupal or other users of Services; (viii) engage in any activity or use the Services in any manner that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any servers or networks connected to the Services or KidsChaupal’s security systems. (ix) Use the Services in violation of any KidsChaupal policy or in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations.
Limitations on Use. You may not reproduce, resell, or distribute the Services or any reports or data generated by the Services for any purpose unless You have been specifically permitted to do so under a separate agreement with KidsChaupal. You may not offer or enable any third parties to use the Services purchased by You, display on any website or otherwise publish the Services or any Content obtained from a Service (other than Content created by You) or otherwise generate income from the Services or use the Services for the development, production or marketing of a service or product substantially similar to the Services.
RESPONSIBILITY FOR END USERS. You are responsible for the activities of all End Users who access or use the Services through your account and you agree to ensure that any such End User will comply with the terms of this Agreement and any KidsChaupal policies. KidsChaupal assumes no responsibility or liability for violations. If You become aware of any violation of this Agreement in connection with use of the Services by any person, please contact firstname.lastname@example.org or email@example.com. KidsChaupal may investigate any complaints and violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or User profiles. Under no circumstances will KidsChaupal be liable in any way for any data or other content viewed while using the Services, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
ELIGIBILITY. You affirm that You are at least 16 years of age and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. Your access may be terminated without warning if we believe that You are under the age of 16 or are otherwise ineligible.
INTENDED USE; RESTRICTION ON USE BY CHILDREN. The Services are intended for business use. You may choose to use the Services for other purposes, subject to the terms and limitations of this Agreement. KidsChaupal is not intended for use by individuals under the age of 16, unless it is through a School Subscriber (as that term is defined in Exhibit A) using KidsChaupal for Education (K-12). Individuals under the age of 16 may not create accounts or use the Services except as described herein.
CHARGES AND CANCELLATION. You agree that KidsChaupal may charge to Your credit /Debit card or other payment mechanism selected by You and approved by KidsChaupal ("Your Account") all amounts due and owing for the Services, including taxes and service fees, set up fees, subscription fees, or any other fee or charge associated with Your Account. KidsChaupal may change prices at any time, including changing from a free service to a paid service and charging for Services that were previously offered free of charge; provided, however, that KidsChaupal will provide you with prior notice and an opportunity to terminate Your Account if KidsChaupal changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notified of the applicable fees and agreed to pay such fees. You agree that in the event KidsChaupal is unable to collect the fees owed to KidsChaupal for the Services through Your Account, KidsChaupal may take any other steps it deems necessary to collect such fees from You and that You will be responsible for all costs and expenses incurred by KidsChaupal in connection with such collection activity, including collection fees, court costs and attorneys' fees. You may cancel your subscription at any time. If you cancel, you will not be billed for any additional terms of service, and service will continue until the end of the current Subscription Term. If you cancel, you will not receive a refund for any service already paid for.
TERMINATION. The KidsChaupal website contains information on how to terminate Your Account. If you have purchased a Service for a specific term, such termination will be effective on the last day of the then-current term. Your Order Form may provide that a Renewal Term will begin automatically unless either party provides notice of termination at least thirty (30) days prior to the commencement of the next Renewal Term. If You fail to comply with any provision of this Agreement, KidsChaupal may terminate this Agreement immediately and retain any fees previously paid by You. If you are not happy with the services ,you have tthe right to terminate services at any given point of time.
PROPRIETARY RIGHTS. KidsChaupal and/or its suppliers, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names ("KidsChaupal Marks") associated or displayed with the Services. You may not frame or utilize framing techniques to enclose any KidsChaupal Marks, or other proprietary information (including images, text, page layout, or form) of KidsChaupal without express written consent. You may not use any Meta tags or any other "hidden text" utilizing KidsChaupal Marks without KidsChaupal's express written consent.
COPYRIGHT. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights. KidsChaupal may deny access to the Services to any User who is alleged to infringe another party's copyright. Without limiting the foregoing, if You believe that Your copyright has been infringed, please notify KidsChaupal immediately.
NO WARRANTIES. You understand and agree that the services are provided "as is" and KidsChaupal, its affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. KidsChaupal, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the services, regarding the accuracy or reliability of any information obtained through the services or that the services will meet any user's requirements, or be uninterrupted, timely, secure or error free. Use of the services is at your sole risk. Any material and/or data downloaded or otherwise obtained through the use of the services is at your own discretion and risk. You will be solely responsible for any damage to you resulting from the use of the services. The entire risk arising out of use or performance of the services remains with you. KidsChaupal does not assume any responsibility for retention of any user information or communications between users. KidsChaupal cannot guarantee and does not promise any specific results from use of the services. Use is at your own risk.
INDEMNIFICATION. You agree to indemnify, defend and hold harmless KidsChaupal, its affiliates, officers, directors, employees, consultants, agents, suppliers and Resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from Your use of the Services, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity or applicable law.
Master Subscription Agreement: Exhibit A
This Exhibit A to the KidsChaupal Terms of Service (“TOS”) describes the Services that may be ordered on an Order Form, or provided by KidsChaupal, and sets forth further Service-specific terms and conditions that may apply to KidsChaupal’s provision and Customer’s use of the Services. Capitalized terms not defined herein shall have the meanings assigned to them in the TOS.
Definitions. For purposes of this Service Description, the following definitions will apply:
“Host” means an individual who is an identified employee, contractor, or agent of Customer to whom Customer assigns the right to host Meetings. A Host may hold an unlimited number of Meetings, but only one Meeting at a time. A Host subscription may not be shared or used by anyone other than the individual assigned to be a Host.
“Meeting” means a KidsChaupal Video meeting and ClassDeck meeting.
“Participant” means an individual, other than the Host, who accesses or uses the Services, with or without the permission and knowledge of the Host.
“KidsChaupal Documentation” means this Exhibit, the KidsChaupal website and ClassDeck (www.kidschaupal.com and live.kidschaupal.com) and any additional description of the Services which may be incorporated into this Agreement.
“KidsChaupal Meeting Services” means the various video conferencing, web conferencing, webinar, meeting room, screen sharing and other collaborative services offered by KidsChaupal Video that offer customers and students.
KidsChaupal Meeting Services. KidsChaupal Meeting Services enable Hosts to schedule and start Meetings and to allow Participants to join Meetings for the purpose of collaborating using voice, video, and screen sharing functionality. Every meeting will have minimum one Host. Chat features allow for out-of-session one-on-one or group collaboration. Further features, functionality, and solutions are described at www.live.kidschaupal.com and www.kidschaupal.com.
KidsChaupal for Coaching Institution /Primary and Secondary Schools Privacy Statement
Live.KidsChaupal.com and its subsidiaries, affiliates and parent companies (collectively “KidsChaupal InfoTech Pvt. Ltd., “we,” “us,” or “our”) are committed to continually improving how we communicate our privacy practices. This “K-12/Primary and Secondary Schools, coaching centres, Privacy Statement” (or “K-12 Privacy Statement”) explains how we handle personal information of Student Users (as defined below) of K-12 Accounts (as defined below) who are under the age of 18 years. It also reflects KidsChaupal’s compliance with the applicable requirements of the Children’s Online Privacy Protection Act (“COPPA”), the Indian Consumer Privacy Act, the Family Educational Rights and Privacy Act (“FERPA”), the Indian Online Personal Information Protection Act , the General Data Protection Regulation (“GDPR”), and other applicable laws under the Indian Govt. For purposes of this K-12 Privacy Statement, personal information (or “personal data”) means information that relates to an identified or identifiable individual. Certain K-12 Accounts may be created under contracts between KidsChaupal and the School Subscriber that include a data processing addendum or other specific provisions governing Student User personal information. To the extent there is any conflict between such contracts and the terms of this K-12 Privacy Statement, the terms of our contracts with School Subscribers will control.
School and Coaching Institution (K-12) Accounts
School Subscribers can use KidsChaupal’s video communications platform by establishing K-12 Accounts for their K-12 Account Users. K-12 Account Users can create K-12 Accounts as authorized representatives of a School Subscriber but should only use KidsChaupal’s Services with the permission of their school, school district or school system (the School Subscriber).
KidsChaupal encourages K-12 Account Users to securely and confidentially provide meeting information and meeting passwords to Student Users to ensure that the School Subscriber can supervise and control its Student Users’ meeting experiences, information on best practices to secure meetings.
Student Users are not permitted to create student Accounts but may use the Services when invited to join a meeting hosted by a student Account User. Although KidsChaupal prohibits children and teens under the age of 16 from creating a KidsChaupal account (and employs an online age screen to support this restriction), Student Users, even if under the age of 13, may join a meeting hosted by a student Account User. School Subscribers are responsible for obtaining any parental consent necessary for use of the Services under their student Accounts by Student Users, including children under the age 13.
The School Subscriber is the student Account Owner. For purposes of FERPA, each K-12 Account User is a “school official” of the School Subscriber. The School Subscriber is the decision-maker that determines how personal information is processed in connection with KidsChaupal’s provisions of Services under a student Account. The School Subscriber decides if and why to host a KidsChaupal meeting, and what features to use. For example, depending on how the School Subscriber has configured its student Account, a student Account User may record a meeting. Therefore, the School Subscriber is responsible for obtaining any necessary consent from meeting participants. (KidsChaupal features provide visual and audio cues designed to help the host alert meeting participants of a recording.) A student Account User may choose to store a recording of a meeting on the student Account User’s local storage device, or in KidsChaupal’s cloud.
When a Student User uses KidsChaupal’s Services through a School Subscriber, the processing of Student User personal information by the applicable School Subscriber is determined and administered by the School Subscriber under its privacy policies. If a parent or legal guardian of a Student User has questions about how and why Student User personal information is collected, the legal basis for processing, or access requests, the parent or legal guardian should refer to the School Subscriber’s privacy policies and direct all inquiries to the student Account Administrator or student Account User.
Information We Collect
From the Students Account User
When creating a Students Account under the direction of a School Subscriber, the K-12 Account User must provide certain information, such as:
From Student Users
Depending on how the School Subscriber configures its K-12 Account, KidsChaupal may receive personal information contained in “Customer Content.” Customer Content is any data a K-12 Account User uploads to the KidsChaupal communication platform connected with use of the Service.
For example, School Subscribers may enable features that allow meeting hosts or co-hosts to record meetings locally or to KidsChaupal’s cloud, allow K-12 Account Users to display or upload information that may be seen by other users of that K-12 Account, allow meeting participants to share files, allow hosts or co-hosts to create meeting transcripts, or allow meeting participants (including Student Users) to communicate in-meeting via chat and create chat logs.
Such Customer Content may include personal information that is part of an “educational record” as defined by FERPA.
KidsChaupal accesses Customer Content only upon the documented request of a School Subscriber, or if required by law.
KidsChaupal collects certain personal information automatically through the use of a K-12 Account including:
Use of Personal Information
KidsChaupal uses personal information collected from and about Student Users only as needed to deliver the functionality of the KidsChaupal platform, operate the business (including to enhance or improve the KidsChaupal Services), and as directed by School Subscribers. For Student Users, this means that:
Regarding cookies, KidsChaupal publishes two types of web pages: product and marketing. A product web page enables a Student User to click on a hyperlink and join a KidsChaupal ClassDeck. KidsChaupal’s product web pages serve only third-party cookies that are necessary for technical support and to deliver the service. There are no advertising or analytics cookies on our product web pages.
Sharing Personal Information
We do not share personal information with companies, organizations, or individuals outside of KidsChaupal unless one of the following circumstances applies:
With Student and parents Consent
We will share personal information with companies, organizations, or individuals outside of KidsChaupal when we have student Account User consent (as applicable) and in compliance with applicable laws.
With consent and Directed by School Subscribers
School Subscribers have access to personal information (including Student User information) connected with their student Account(s). School Subscribers may also direct us to share personal information with others.
To Provide Our Services.
School Subscribers have access to personal information (including Student User information) connected with their student Account(s). School Subscribers may also direct us to share personal information with others.
To Provide Our Services.
We provide personal information to third-party service providers to help us provide the Service. Such service providers are prohibited from using personal information for any reason other than to provide the contracted-for services, and in compliance with appropriate privacy and security obligations.
With other meeting participants
We may share personal information collected during a KidsChaupal meeting with other participants of the same meeting during the use of the Service. For example, video and audio recordings, chat messages and other content shared by a Student User during a meeting, which may contain personal information of Student Users, may be available to all other participants in that meeting, as well as to any student Account Users who host or co-host that meeting and the student Account Administrator.
For Certain Corporate Transactions
We may share personal information where, whether for strategic or other business reasons, KidsChaupal decides to sell, buy, merge, or otherwise reorganize its businesses. In such transactions, we may disclose or transfer personal information to actual purchasers or receive personal information from sellers. Student User personal information will remain subject to this student Privacy Statement unless it is changed by a successor entity.
For Legal Reasons
We share personal information outside of KidsChaupal if we believe that access, use, preservation or disclosure of the information is reasonably necessary to:
For more information about data we disclose in response to requests from law enforcement and other government agencies.
KidsChaupal does not share personal information with third parties other than as described herein, or as required by law, except at the direction and on behalf of a School Subscriber.
Maintaining the confidentiality, security, and integrity of students’ personal information is a top priority. We use appropriate technical and organizational measures designed to help protect personal information from unauthorized access, use, or disclosure. Customer Content is encrypted in transit between any devices running a KidsChaupal client and at rest when in permanent storage in the KidsChaupal Cloud. We also have taken steps to minimize the risk that meetings that include Student Users are disrupted by uninvited participants.
KidsChaupal retains student Account Users’ and Student Users’ personal information for as long as necessary to fulfil the purposes for which we collected it, including for the purposes of satisfying any legal, accounting, or reporting requirements, to establish or defend legal claims, or for fraud prevention purposes.
Access and deletion of information
If a Student User or his or her parent would like to request to access, review, refuse further collection of or delete a Student User’s personal information, they must contact their school and coaching institution subscriber with his or her request. As KidsChaupal is required to comply with contractual confidentiality obligations related to Student Users’ data, we are not able to respond to parental or student requests directly. Requests to access delete or restrict further collection or use of a Student User’s personal information. KidsChaupal also deletes information associated with student Accounts upon receiving a valid deletion request from a School Subscriber or automatically following the termination of the student Account.
Notice of Changes to this Statement
If we make any material changes to this student Privacy Statement, we will post the revised statement with the date of revision on this page and provide notice of this change on our website. We will duly inform student Account Users of any material changes via our platform. We will provide our School and coaching institution Subscribers the opportunity to express consent for processing personal information for different and new purposes, or we will, in any case, provide the legal basis of such processing other than consent.
Contact Us:Head Office-KidsChaupal Infotech Pvt.Ltd.
Corp.Office- Block A-1,WorkHubz, Kamal Cinema Complex, Safdarjung Enclave, New Delhi- 110029
Phone Number- 011-43618778
Last Updated- JULY, 2020