Terms of Use

This is a legal and binding agreement between you, the user ("User" or "You") of the Services, as defined below, and BabyWhale LLP stating the terms that govern Your use of the APP, as defined below. BY ACCEPTING THESE TERMS OF USE IN ANY MANNER OR ACCESSING THIS APP, YOU CONSENT, AGREE AND UNDERTAKE TO ABIDE, BE BOUND BY AND ADHERE TO THE TERMS OF USE and the Privacy Policy accessible at www.poggy.in/terms-of-use

Description of Service and Acceptance of Terms of Use

BabyWhale LLP is a limited liability partnership company incorporated under the Companies Act, 1956, having its registered office at XXXX

BabyWhale LLP provides an 'APP' (Poggy) as an interactive platform for its viewers which demonstrates curated content for kids in age group 2-4. This content is delivered in the form of animations, rhymes and DIY activities. The content in Animations and Rhymes will be linked to soft toy sold along with the subscription plan chosen by the user. The Content will be made available to You at the discretion of Poggy. Users can view content at their discretion at a time chosen by them. Content will be made available to you basis an activation code delivered to you along with Soft Toy. The activation code is non-shareable.

You hereby agree and acknowledge that You are accessing the APP and availing of the Services, at Your own risk, choice and initiative and You agree and undertake to ensure that Your use of the APP and the Services complies with all applicable laws including the local laws in Your jurisdiction. Further, such Services and Content may vary from place to place, time to time and device to device and would be subject to various parameters such as specifications, device, Internet availability and speed, bandwidth, etc. You agree and acknowledge that Poggy may monitor or use certain technologies for monitoring of activities. To facilitate Your viewership and access, the Services can be packaged by Poggyvia subscription through payment of a subscription fee as per the relevant subscription plan selected.

The Service can be availed through platforms, software and devices, which Poggy approves from time to time, the current list for which is as set out below ("Compatible System"). In some cases, whether a device is (or remains) a Compatible System may depend on software or platform provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible System at one time may cease to be Compatible System in the future.

The PoggyAPP work best with a minimum system requirement of:

Subject to compatibility, You may be able to access the Services through mobile phones, tablets and other IP based connected devices or any Compatible System offered by a partner authorized by Poggy.To access the Services at each instance, you would be required to undergo a two-step verification process to verify your login credentials such as your phone number, by way of a one-time password which will be sent to you simultaneously. Social Sign-In will also be provided as an alternative for registering.


Accessing the Service through VPN

You should not access or use the Service or the content therein by means of any mechanism or technology which conceals your actual geo-location or provides incorrect details of your location (for example, use a virtual private network (VPN)).


Electronic Communications

When You use / avail the Services or send any data, information or communication to Poggy, You agree and understand that You are communicating with Poggy through electronic media/ records and You consent to receive communications via electronic records from Poggy periodically and as and when required. Poggy will communicate with You by email or any push or other message or electronic records on the email address and or mobile number available with Poggy.

You acknowledge and specifically consent to Poggy or our respective affiliates and partners contacting you using the contact information you have provided to us at any time during your association with us for any purpose including the following purposes, which will enable Poggy to deliver the Services to you and/or enhance the delivery of the Services to you:

You acknowledge and agree that you may be contacted for the above purposes, using any of the contact details provided by You including via emails or other electronic and internet-based means.

In addition, you will be sent a one-time password via SMS to your registered mobile number, to verify your login on the Site using a mobile number.

The Content contained in the Services including but not limited to on the APP is protected by copyright, trademark, patent, trade secret and other laws, and shall not be used except as provided in these Terms and Conditions, without the written permission of Poggy.


Subscription Services

The Content made available on the APP can be availed only by registered Users who have registered under a subscription model ("Subscription User"). You may need to register Yourself on the APP to avail these services on a subscription model ("Subscription"). To become a Subscription User, You may be required to provide certain personal information to Poggy and will be required to make payments ("Subscription Fee") as per the applicable membership plan through a debit card, credit card, internet banking or through, e- prepaid wallet or other payment method accepted by Poggy ("Payment Method(s)") that You opted for during registration. Poggy will be using third party payment gateways to process and facilitate the payment of Your Subscription Fee to Poggy. On successful registration to the Subscription, Poggy will intimate You of the same. Poggy may offer different kinds of Subscription plans, each of these Subscription plans will be subject to different limitations and restrictions and the cost of each of these Subscription plans may vary.

Poggy currently offers viewers the following Subscription plans to choose from:


Payments

Poggy will automatically start billing as per Your selected Payment Method for the relevant Subscription plan(s) selected by You at the time of registration through the third party payment gateway at the end of the trial period, if applicable unless You cancel a Subscription(s) before the end of the trial period. The cancellation of a Subscription can be done through the "My Account" section of the Site. It may take a few days for Your payment made to Poggy to be reflected in your "My Account" section.

In case You cancel any Subscription before the end of the trial period, You will not be entitled to any compensation monetary or otherwise from Poggy for the unutilized period of trial.

You cannot change your Payment Method during the tenure of your Subscription(s). If Your selected Payment Method is no longer available or expires or Your Payment Method fails for whatsoever reason, You will be responsible and liable for any uncollected amounts and Poggy reserves the right to terminate the Subscription(s) offered to You.

The Subscription Fee for a particular Subscription will be billed at the beginning of the Subscription membership or at the end of trial period, as applicable and on each subsequent renewal automatically (as per the Subscription plan chosen by You) unless and until You cancel Your Subscription(s) or the Subscription(s) is otherwise suspended or discontinued pursuant to these Terms. To see the commencement date for Your next renewal period or to cancel Your subscription to the Subscription(s), You need to visit the "My Account" section on Your profile page. On cancellation of a Subscription(s) You will be notified by Poggy.

Poggy will be automatically billing as per Your Payment Method for each Subscription period as per the plan chosen. However, if You change Your membership plan, this could result in changing the day on which You are billed and the amount which You are billed. Further, on changing your existing Subscription plan to another, you would be required to pay the difference in rates (on a pro rata basis) for the new Subscription plan selected and would be billed as per the new Subscription plan from the next billing / renewal cycle. In case the rate for the new Subscription plan is less than that of the existing Subscription plan, the difference in rates would be adjusted (on a pro rata basis) and you will be billed accordingly from the next billing / renewal cycle. Poggy will notify you in advance of the change in the Subscription Fee payable.

The new Subscription will be effective from the date on which you select such plan and make appropriate payments as necessary.

In case of change in the Subscription Fee for a particular membership plan that is already opted by You, Poggy will give You an advance notice of these changes.

The Subscription Fees specified for each Subscription plan are inclusive of applicable taxes.

The Subscription Fees billed are non-refundable irrespective of whether the Subscription have been availed by You or not.

Any request for change or cancellation in any Subscription plan prior to the expiration of the current Subscription plan period will not entail You with a refund for any portion of the Subscription Fee paid by You for the unexpired period.

You also understand and acknowledge that Poggy only facilitates the third-party payment gateway for processing of payments. This facility is managed by the third-party payment gateway provider and You are required to follow all the terms and conditions of such third-party payment gateway provider.

You are responsible for the accuracy and authenticity of the payment information provided by You, including the bank account number/credit card details and any other information requested during the subscription process. You represent and warrant that you have the right to use any credit card or other payment information that you submit. You agree and acknowledge that Poggy shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

You can access the status of Your Subscription anytime through the "My Account" section on Your profile page.

You can file any complaint related to payment processing on the APP and the same will be forwarded to the concerned third-party payment gateway provider for redressal.

Upon payment through any of the Payment Modes and confirmation of receipt of such payment from the payment gateway provider, an invoice will be made available to You in an email.

Upon payment being received by Poggy through any of the Payment Method, Poggy shall make the relevant Subscription available to You through any of the approved modes of delivery that Poggy adopts.

It is hereby clarified that the Subscription(s) offered to You are offered by Poggy and not by any third party including any payment gateway service providers.

Poggy reserves the right to change, terminate or otherwise amend the Subscription plans, Subscription Fees for the Subscription and billing cycles at its sole discretion and at any time. Such amendments shall be effective upon posting on the APP and Your continued use of the Service shall be deemed to be Your conclusive acceptance of such amendments.

Poggy reserves the right to change, supplement, alter or remove any of the Content that is subject to a Subscription Fee as it deems fit. Poggy does not guarantee the availability of a specific Content or a minimum Content that is subject to a Subscription Fee.

Post cancellation of Your Subscription, if you wish to re-subscribe to the Subscription, you may do so from Your "My Account" page.


Access and Use of the Services

Limited use:

You are given a limited, non-exclusive, non-transferable (except in the case of a parent/legal guardian-minor relationship), non-sub-licensable, revocable permission to view the Site and avail the Service during the subsistence of Your Account with Poggy for the territory of the world or limited territories as applicable in respect of specified Content and as set forth in these Terms and Conditions and no right, title or interest in any Content will be deemed transferred to You.

By accessing or using the Services:

In case the Site allows You to download or stream any of the Content therein, You agree that You will not use, sell, transfer or transmit the Content to any person or upload the Content on any other website, webpage or software, which may violate/cause damages or injuries to any rights of Poggy or its affiliates or any third party including privacy rights, publicity rights, and intellectual property rights.

You may encounter third party applications while using the Site including, without limitation, websites, widgets, software, services that interact with the Site. Your use of these third-party applications shall be subject to such third-party terms of use or license terms. Poggy shall not be liable for any representations or warranties or obligations made by such third-party applications to You under contract or law.


Termination of Service

Poggy reserves the right to immediately terminate, suspend, limit, or restrict Your account or Your use of the Services or access to Content at any time, without notice or liability, if Poggy so determines in its sole discretion, for any reason whatsoever, including that You have breached these Terms and Conditions, the Privacy Policy, violated any law, rule, or regulation, engaged in any inappropriate conduct, provided false or inaccurate information, or for any other reason. You hereby agree and consent to the above and agree and acknowledge that Poggy can, at its sole discretion, exercise its right in relation to any or all of the above, and that Poggy, its directors, officers, employees, affiliates, agents, contractors, principals or licensors shall not be liable in any manner for the same; and You hereby agree, acknowledge and consent to the same. You hereby also agree that Poggy shall not refund any amounts that you may have paid to access and/or use the Services.


Advertising

Poggy expressly disclaim any liability arising out of the advertisements, usage or viewing of these products or services advertised on our Site or the (third party) content made available / hosted on the third-party sites.

Poggy takes no responsibility for advertisements or any third-party material posted on the Site nor does it take any responsibility for the products or services provided by advertisers. Any dealings You have with advertisers found while using the Services are between You and the advertiser, and You agree that Poggy is not liable for any loss or claim that You may have against an advertiser.


Support

1. APP or Services

If You have any questions, complaints or claims with respect to the Site and/or Services and/or Content, then such correspondence should be directed to

BabyWhale LLP at – care@poggy.in

2. Content

If You have any concerns, complaints or grievances with respect to the Content, please contact the following identified officer from our CRM Team who will examine the complaint and take appropriate next steps.

Email Address: care@poggy.in

You would be required to furnish relevant details pertaining to your concern, complaint or grievance, specifically including your user login ID, the title of the content, date of viewing and details / description of the alleged violation in the Content.


Disclaimer of Warranties

You agree that use of the Services and the access to the APP is at Your own risk. The Services including the APP, the Content, the DIY activities, the video player, User Material and any other materials contained on or provided through the APP are provided "AS IS" and, to the fullest extent permitted by law, are provided without warranties of any kind, either express or implied. Without limiting the foregoing, Poggy does not make any warranties of fitness for a particular purpose, title, merchantability, completeness, availability, security, compatibility or non-infringement; or that the Services will be uninterrupted, free of viruses, malware or other harmful components, accurate, error free or reliable.


Limitation of Liability

IN NO CASE SHALL POGGY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OF THE SITE OR USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT OR MATERIAL, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICES OR ANY CONTENT OR MATERIAL THEREOF, EVEN IF ADVISED OF THEIR POSSIBILITY. POGGY’S MONETARY LIABILITY FOR THE SERVICES OR THE CONTENT OR MATERIAL THEREOF ON THE SITE SHALL BE LIMITED TO INR 1000. WHERE THE LAWS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, POGGY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.


Indemnity

You agree to defend, indemnify and hold harmless Poggy, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees) arising from: (i) Your use of and access to the Services; (ii) Your violation of any term of these Terms and Conditions; (iii) Your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right; (iv) Your breach of any applicable laws; and (v) any unauthorized, improper, illegal or wrongful use of Your Account by any person, including a third party, whether or not authorized or permitted by You. This indemnification obligation will survive the expiry or termination of these Terms and Conditions and Your use of the Service.


Governing Law and Jurisdiction

The relationship between You and Poggy shall be governed by the laws of India without regard to its conflict of law provisions and for resolution of any dispute arising out of Your use of the Services. Notwithstanding the foregoing, You agree that (i) Poggy has the right to bring any proceedings before any court/forum of competent jurisdiction and You irrevocably submit to the jurisdiction of such courts or forum; and (ii) any proceeding brought by You shall be exclusively before the courts at Mumbai, India.


Severability

If any provision of these Terms and Conditions is held invalid, void, or unenforceable, then that provision shall be considered severable from the remaining provisions, and the remaining provisions given full force and effect.


Changes

Poggy reserves the right, at any time and from time to time, without prior notice to You, to update, revise, supplement, and otherwise modify these Terms of Use and to impose new or additional rules, policies, terms, or conditions on Your use of the Service. Any updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Terms of Use as "Revised Terms") will be posted on the Site and will be effective immediately after such posting. We recommend that you periodically check the Site for the Revised Terms Your continued use of the Services will be deemed to constitute Your acceptance of any and all such Revised Terms.


Survival

You acknowledge that Your representations, undertakings, and warranties and the clauses relating to indemnities, limitation of liability, grant of license, governing law, confidentiality shall survive the efflux of time and the termination of these Terms and Conditions.


Entire Agreement

These Terms and Conditions and Privacy Policy constitute the entire agreement between You and Poggy governing Your use of the Services, superseding any prior agreements between You and Poggy regarding such use. Further, Your acceptance of these Terms constitutes a valid and binding agreement between You and Poggy. Should these Terms require to be stamped under any applicable stamp duty laws, You should bear such stamp duty payable and comply with relevant stamping obligations.