HomeBuddy Learning Ecosystem App Privacy Policy
Effective Date: (From the date of this app going live for the Users)
This is the privacy policy (“Policy”) of the HomeBuddy Learning Ecosystem application which is accessible via mobile application and website at https://eurokids.lighthouse-learning.com/ (hereinafter collectively referred to as “App”). This App is owned, operated and managed by Lighthouse Learning Private Limited (hereinafter referred to as “Company”, “We”, “Us”, “Our”).
This Policy applies to all visitors, users, children, parents, lawful guardians, teachers, and other persons who access the App (hereinafter referred to as the “User”, “You”, “Your”). Reference to User, You, or Your in this Policy includes reference to yourself as well as the Child User (as defined below) whom you are Guardian (as defined below) of, unless the context otherwise requires.
This Policy must be read together with the App’s Terms of Use available https://www.eurokidsindia.com/homebuddy/privacypolicy.html.If there is a conflict between this Policy, the App Terms or other policies of the App, the order of prevalence in the Terms shall be followed.
This Policy is published in English. In the event You require Us to share this Policy in any local language, You may write to Us at developer@lighthouse-learning.com.
While the App can be used by users who are below the age of 18 years (“Child Users”), children are not eligible to register on the App by themselves. Parent or the lawful guardian of each Child User (“Guardian”) must register on the App to use or enable usage by Child Users. The use of the App by Child User must be with the consent of Guardian as required under applicable law. It must also be under the supervision of the Guardian or the teacher at all times.
Please read Policy carefully to understand how We collect, use, store, retain, disclose and otherwise process Your and the Child User’s personal data in relation to the access and usage of the App. The Policy applies to all personal data shared in digital form, or in non-digital form but subsequently digitized.
By registering, accessing, or using the App or allowing Your child to access or use the App, You confirm to us that:
You have read the terms of this Policy as well as App’s Terms of Use https://www.eurokidsindia.com/homebuddy/privacypolicy.html , which together form a legally binding and enforceable contract between You and the Company. Such contract is formed when You register (by clicking on the “I agree” button) on the App, or access or use the App;
You are legally capable of entering into this contract and have formed a contract with Us out of Your own free will. We will consider that Your consent is free, specific, informed, unconditional and unambiguous and You are not disqualified from contracting by law;
You have the ability and authority under applicable law to share Your and Child User’s personal data with us, and permit us to use such data for the purposes mentioned in this Policy;
You are, at all times, responsible for Your as well as Child User’s usage and activities on the App.
If You have any questions related to how this Policy applies to the processing of Your or Child User’s personal data, please write to Our Grievance Officer at developer@lighthouse-learning.com.
We may update this Policy at any time in the manner provided in Clause 14 (Modification) below. Hence, We recommend that You review this Policy from time to time. You agree that it is Your responsibility to update Yourself with any such change from time to time.
If You do not consent to the terms of this Policy, please do not use or access the App, and do not share Your personal data with Us. If You wish to opt-out or withdraw Your consent, We request You to refer to Clause 9 (Rights of the User) below and write to Us at developer@lighthouse-learning.com.
Any and all consequences of Your withdrawal of consent resulting in, inter alia, any inability by Us to comply with Our obligations viz-a-viz You, limitations, or termination of Your access to the App, will be borne entirely by You.
Personal data means any data about an individual who is identifiable by or in relation to such data. However, it does not include data where the identity has been removed and cannot be reconnected to an individual (called ‘anonymised’ data).
We collect, store and otherwise process personal data when You access or use the App. This data includes:
Name
Contact number
Date of birth
Age
Gender
Email address
Password related details
For the purpose of this Policy, “processing” of personal data means a wholly or partly automated operation or set of operations performed on digital personal data, and includes operations such as collection, recording, organisation, structuring, storage, adaptation, retrieval, use, alignment or combination, indexing, sharing, disclosure by transmission, dissemination or otherwise making available, restriction, erasure or destruction.
You are responsible to provide accurate, error-free and complete personal data. We shall not be liable for any errors, inaccuracies, or incompleteness in the personal data provided by You, or any direct or indirect consequences arising from such incorrect, inaccurate or incomplete personal data. If We find out that You have provided false personal data, We shall be at liberty to restrict Your access to the App.
Some of the ways in which We collect Your personal data are:
Directly from You.
Automatically from Your browser type, internet protocol address used, Your usage patterns as collected by Our cookies. Cookies are tiny pieces of information which an application sends to Your computer. Cookies help Us personalize Your experience. You can change Your browser settings and choose to disable sharing of personal data through cookies. Sometimes, tracking pixels including but not limited to browser HTML pixels may be used to collect personal data about User’s behaviour on the App. Pixels are tiny units which measure the digital images and graphics You see on an application. You agree that cookies and pixels are used to improve Your experience as a User and consent to the use of the same.
Your use of the App in cases where You voluntarily provide certain personal data.
We may process personal data collected from You. The purposes include:
Verifying Your identity by using the contact details provided by You.
Providing You access to the App.
Administration of Your account on the App.
Contacting You and/or communicating with You.
Enabling a customized experience for You on the App and providing You with a better and more efficient service.
Improving the App’s design and style.
Developing new products, features, services, and functionalities.
Informing You about Our ongoing and upcoming offers and promotions as well as sending marketing and other non-transactional information such as newsletters, SMS and notifications.
Addressing and resolving Your grievances.
Business management and internal purposes including accounting and auditing and complying with any statutory or regulatory reporting obligations.
Complying with and fulfilling any obligations under any law for the time being in force in India.
Preventing fraud or for detection of any crime
Ensuring network and information security, including preventing unauthorised access to the App.
Sharing personal data with third parties as discussed in Clause 4 (Who We Share Your Personal Data With) below.
The Company may share Your personal data with:
Affiliates: As agreed, We may share Your personal data with Our affiliate entities who may need to access Your personal data for operational and functional needs.
Employees and consultants: We may share Your personal data with Our employees and consultants on a need-to-know basis for providing services to You which improves Your experience in relation to the App.
Franchises and Trusted third-party service providers: We may provide Your personal data to our franchisees and Our trusted third-party service providers on a need-to-know basis for servicing You in relation to Your use of or access to the App.
Counsellors/experts: We may share Your personal data with the counsellors/ experts available on the App to provide counselling or expert help to You.
Business transfers: If We are acquired by, or merged with, another company, or if Our assets are transferred to another company or as part of a bankruptcy, liquidation or insolvency proceedings, We may transfer Your personal data to such other company.
Law enforcement agencies: We may share Your personal data when compelled by any law enforcement agency in compliance with applicable laws.
All Our third-party service providers and other entities in the group are required to take appropriate security measures to protect Your personal information in line with Our policies and in accordance with the applicable data protection laws in India. Our third-party service providers are not allowed to use Your personal data for their own purposes. They only process Your personal data for specified purposes and in accordance with Our instructions.
Given that Child Users are not by themselves eligible to register, access, and/or use the App, the use of the App by the Child User must be with the consent of/enabled by the Guardian, and under the supervision of, a Guardian. If You are a Guardian, by allowing Your child to access/ use the App, You confirm to having consented to Child User’s use or access of the App. Rest
assured, We collect and process the personal data of Child Users in a safe, protected and responsible manner in compliance with the Policy and the applicable data protection laws in India.
We do not permit Child Users to create an account on the App. If You discover that a Child User has created an account without the consent of their Guardian, please write to Us at developer@lighthouse-learning.com and We will take the required steps to delete such account and cease processing of the personal data of such Child User, other than as required under the applicable law. A Child User creating an account on the App by providing false or fake information about their age will not be Our liability. All responsibility of monitoring and supervising access and usage of the App by a Child User is on the Guardians and We shall not be held liable for the same.
Please note that We may process Your personal data without Your knowledge or consent for certain legitimate uses which are required or permitted by law. The circumstances of such legitimate use include:
Enforcing any legal right or claim;
Processing by any court or tribunal or any other body in India which is entrusted by law with the performance of any judicial or quasi-judicial or regulatory or supervisory function, where such processing is necessary for the performance of such function;
Processing in the interest of prevention, detection, investigation or prosecution of any offence or contravention of any law for the time being in force in India;
Fulfilling any obligation under any law for the time being in force in India to disclose any information to the State or any of its instrumentalities;
Complying with any judgment or decree or order issued under any law for the time being in force in India, or any judgment or order relating to claims of a contractual or civil nature under any law for the time being in force outside India;
Responding to a medical emergency involving a threat to the life or immediate threat to the health of the User(s) or any other individual;
Taking measures to provide medical treatment or health services to any individual during an epidemic, outbreak of disease, or any other threat to public health;
Taking measures to ensure safety of, or providing assistance or services to, any individual during any disaster, or any breakdown of public order.
We take security of Your personal data very seriously and have taken steps to implement appropriate and reasonable safeguards and technical security measures to prevent any personal data breach, or unauthorized access, use, modification, disclosure, or destruction of Your personal data that You entrust with Us.
You should, however, take necessary steps at Your end as well to protect against unauthorized access to Your passwords and devices. We will not be responsible for any lost, stolen, or compromised passwords, data or for any unauthorized activities on Your account.
We shall retain Your data for the purposes it was collected for and in compliance with applicable laws of India. For further details on data retention, We request that You write to Us at developer@lighthouse-learning.com.
In some circumstances, We may anonymise Your personal data so that it can no longer be associated with You, in which case We may use such information without further notice to You.
We respect Your data and acknowledge Your rights in relation to it. Your rights in relation to Your data are protected under law. You also have the following rights under this Policy:
Right to withdraw consent: To the extent Your consent forms the basis of processing Your personal data, You have the right to withdraw Your consent at any time, without affecting the legality of processing Your personal data based on such consent before its withdrawal. Any and all consequences of Your withdrawal of consent resulting in, inter alia, disruption, or unavailability of services, will be borne entirely by You.
Right to grievance redressal to redress Your grievances in respect of any act or omission by Us in relation to the performance of Our obligations in relation to Your personal data. We have also appointed a Grievance Officer who will expeditiously redress any grievance(s). Please see Clause 16 (Redressal of Grievances) of this Policy for details of the Grievance Officer.
To exercise any of Your rights above, please contact Us in writing, by emailing Your relevant Grievance Officer at developer@lighthouse-learning.com.
The App may contain hyperlinks to various external websites, applications, content, advertisement including the “EuroKids Rewards” section of the App which includes hyperlinks to various external websites (“Third-Party Links”). We do not own or control such Third- Party Links present on the App. If You choose to click on such Third-Party Links which direct You to a third-party website or application, You choose to do so at Your own risk. We assume no control or responsibility for the content, offerings, privacy policies or practices of such Third-Party Links or their services. You must read the privacy policy of such third-party website/application before You share any personal data on such website/ application.
The presence of any Third-Party Links on the App cannot be construed as a recommendation, endorsement or solicitation of any material or content present on such Third-Party Links, or any other material on or available through such Third-Party Links.
We recommend that You exercise reasonable diligence, as You would in traditional offline or online channels before committing to any transaction or exchange of information, including but not limited to reviewing the third-party website or application’s privacy policy.
You further acknowledge and agree that We are not liable for any loss of Your personal data as a result of the collection and/or disclosure of Your information through such third-party links, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, services or other materials on, or available through, such third-party links. This will include all transactions and information transmitted on such third-party links between You and any third-party websites/ application.
Access to the App by a Child User is contingent upon the Guardians’ explicit consent.
Upon using this App, You hereby acknowledge and agree that Your interactions, such as comments and likes, will be made visible to other Users on the App.
You further acknowledge and agree that photographs of activities shared by the school or school authorized person(s) are accessible to other Users on this App. We urge You to prioritize online safety and carefully assess real-world risks before sharing information for access by other Users on the App.
In the event, We come to know of any personal data breach, We will expeditiously, in compliance with the applicable laws, inform the relevant authorities of such personal data breach. In the event You come to know of any personal data breach, You are required to inform the same to us within 2 hours of having such knowledge of breach.
This Policy may be updated by Us from time to time. The updated version of the Policy can be accessed at any time on the App. You are advised to regularly review the Policy. We will notify You of any updates to this Policy that might materially affect the purpose of collecting Your personal data, prior to the change becoming effective by means of a notice on the App. You will be required to review the updated Policy. Your continued use of the App after any changes to this Policy will be deemed as Your acceptance of such change(s). If You do not accept the updated
Policy, You may exercise Your right of withdrawal of consent as per Clause 9 (Rights of the User) above. However, We may not be able to provide You access to the App in such case.
This Policy shall be construed in accordance with the applicable laws of India Subject to the arbitration in clause 15(b) below, disputes under or arising out of the Terms shall be subject to exclusive jurisdiction of courts at Mumbai, India.
All disputes arising from or in connection with this Agreement shall be referred to, and finally settled by, arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996, presided over by a sole arbitrator jointly appointed by the Parties. The arbitration proceedings shall be held at Mumbai and shall be conducted in the English language. The award of the arbitral tribunal shall be binding on the Parties. The arbitration proceedings shall be kept confidential.
If You have any queries regarding the App or find any discrepancies in relation to the processing of personal data under this Policy, You may write to the Grievance Officer, the details of which are provided below:
Name: Rakesh Bhat
Email: rakesh.bhat@lighthouse-learning.com, with cc to legal@lighthouse-learning.com. Phone: 9819283336
Address: Windsor, 801, Off, Manipada Rd, Kalina, Santacruz East, Mumbai, Maharashtra 400098.
Our Grievance Officer will attempt to redress Your queries and concerns expeditiously or in accordance with the timelines prescribed under the applicable laws.
Date updated: [21 October 2024]
These terms of use (“Terms”) govern the access and usage of HomeBuddy Learning Ecosystem application which is accessible via mobile application and website at https://eurokids.lighthouse- learning.com/ (hereinafter referred to as the “App”). The App is owned, operated and managed by Lighthouse Learning Private Limited (hereinafter referred to as the “Company”, “We”, “Us”, “Our”).
These Terms apply to all the visitors, users, children, parents, lawful guardians, teachers, and other persons who access the App (hereinafter referred to as the “User”, “You”, “Your”). Reference to User, You, or Your in these Terms includes reference to yourself as well as the Child User (as defined below) whom You are the Guardian (as defined below) of, unless the context otherwise requires.
These Terms must be read together with (i) the App’s Privacy Policy and (ii) any other policies applicable to whole or part of the App (“Other Policies”). If there is a conflict between these Terms, the App’s Privacy policy, or Other Policies, the order of prevalence in Clause 21 (Conflict) of these Terms shall be followed.
While the App can be used by users who are below the age of 18 years (“Child Users”), children are not eligible to register on the App by themselves. Parent or the lawful guardian of Child Users (“Guardian”) must register on the App to use or enable usage by Child Users. The use of the App by Child Users must be with the consent of Guardian as required under applicable law. It must also be under the supervision of the Guardian or the teacher at all times.
By registering, accessing, or using the App or allowing Your child to access or use the App, You confirm to us that:
You have read these Terms as well as the App’s Privacy Policy https://www.eurokidsindia.com/homebuddy/privacypolicy.html , which together form a legally binding and enforceable contract between You and the Company. Such contract is formed when you register (by clicking on the “I agree” button) on the App, or access or use the App;
You are legally capable of entering into this contract and have formed a contract with us out of your own free will. We will consider that Your consent is free, specific, informed, unconditional
and unambiguous and You are not disqualified from contracting by law;
You are, at all times, responsible for yours as well as Child User’s usage and activities on the App.
In case of any questions regarding the usage of this App, You may write to Us at: developer@lighthouse-learning.com.
The Company may, at its sole discretion, decide to alter (i) the scope of services offered on the App and
(ii) these Terms in accordance with Clause 16 (Modification) below.
Any such change shall be reflected in these Terms, and You agree that it is Your responsibility to update Yourself with any such change. For this purpose, We encourage You to go through the Terms from time to time.
If You do not agree and consent to these Terms, please do not use or access the App.
The App is an interactive digital learning platform for children aged between 2 (two) – 6 (six) years i.e., Child Users and aims to provide Child Users an enjoyable and continual learning experience beyond school. The App helps the Guardian and teacher to understand different areas of each Child
Users physical, emotional, mental growth and wellbeing. We enhance learning experiences of Child Users with the help of the following features on the App:
‘Play’: contains games which helps the Child User learn concepts and Guardians and teachers to track their progress,
‘See’: contains audio-visual tools for better comprehension and holistic development,
‘Do’: contains do-it-yourself activities for constructive engagement while at home,
‘Explore’: contains interactive activities for the day. In addition to the above, the App inter alia:
Has a notification feature which allows Guardians to receive regular updates regarding student performance, leaves, holidays, trips etc.
Has the fun room memories feature where You can interact, like, download audio/visual/audio- visual content on the App.
Provides discount coupons to allow You to claim various EuroKids rewards.
The App can be accessed by (i) “Registered Users” (comprising Guardians and Child Users who have been enrolled in EuroKids, and the teachers who have been registered as educators on the App), as well as (ii) “Guest Users” (comprising all users apart from Registered Users).
To access the App, users must create an account (“Account”). Registered Users can create an Account by using the sign-in credentials provided by Us, whereas the Guest Users can create/ sign into their account by providing their phone number and entering the OTP received on their phone via SMS. Certain features on the App (such as the “Play”, “Do” and “See” features) are only available for use by the Registered Users. However, the “Explore” feature is open for use by both Registered Users as well as Guest Users.
You are responsible for ensuring that the information You provide to Us for the purpose of creating Your Account or otherwise, when You use the App, is accurate.
You are solely responsible to update the details of Your Account on a periodic basis. You can change your Account details by updating the relevant information on the App itself or by visiting the relevant EuroKids school.
Each Account is linked to a specific User and the Account You access is personal to You. In relation to a Child User, personal use would include use of the App by the Child User and their Guardian(s). The Accounts are not transferable or licensable, and sharing of access credentials with a third party in any manner is restricted. You are solely responsible for maintaining confidentiality of the Account credentials, including the password You create. Please note that We shall be entitled to presume that any person who signs in with Your login credentials is You or has been permitted by You to access Your Account. You will, therefore, be responsible for any actions taken using Your login credentials.
You further agree and acknowledge that sharing of Your Account with other persons or allowing multiple users who have not been duly authorized by You to use Your Account (collectively, “Multiple Use”), may cause irreparable harm to Us or other Users of the App. You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees and agents, from and against any claims, disputes, demands, proceedings, suits, liabilities, damages, losses, costs, taxes and expenses, including, without limitation, reasonable
legal and accounting fees (including costs of defence of claims, proceedings or suits brought by third parties), in any way related to the Multiple Use of Your Account. You further agree that We shall not be liable for any loss or damage caused to you or any third party in case of Multiple Use of Your Account or Your failure to maintain the security of Your Account, and shall have the right to suspend or terminate Your Account without liability to You. This Clause shall survive the expiry or termination of these Terms.
We reserve the right to:
Make decisions in relation to Your registration of Account;
Request additional information from You for the purposes of registration of Account on the App; and
Terminate/suspend Your Account.
The Company disclaims any liability for any loss or damage caused by reason of a Child User opening an Account by providing false or fake information regarding their age. All responsibility of monitoring and supervising the access and usage of the App by a Child User is on the Guardian and the We/ the App must not be held liable for the same.
You agree and confirm that:
You will use the App for lawful purposes only, in compliance with these Terms and all other Applicable Laws (as defined below).
For the purpose of these Terms, “Applicable Laws” mean all relevant Indian statutes, laws, regulations, ordinances, notification, rules, circular, judgments, orders, decrees, approvals, directives, guidelines, instructions from governmental agencies, judicial or quasi-judicial bodies, policies, administrative orders, or other governmental restrictions (each having the force of law), principles of common law, or determination by, or any interpretation of any of the foregoing by, any government, statutory, regulatory, judicial or quasi-judicial authority, and includes the rules, regulations and licenses issued by any relevant regulator or self-regulatory body, whether in effect as of the date of these Terms or thereafter, as amended from time to time.
You will use the App for personal and non-commercial purposes. Your commercial exploitation of the App is strictly prohibited.
You will not engage in any spamming or phishing activities on the App.
You will not engage in any other unlawful activities (including without limitation those which would constitute a criminal offence or give rise to civil liability) or encourage or abet any unlawful activities or use the App for cyber-crime/ terrorism.
You will not introduce any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information.
You will not undertake any actions to undermine the integrity of the data, systems or networks used by Us or any other User in the App or gain unauthorized access to such data, systems, or networks.
You will not impersonate another person.
Your usage of the App shall not interfere with any third-party’s use and enjoyment of the App.
You will not copy, reverse engineer, compile or commercially or otherwise re-use (including but not limited to selling, renting, leasing, distributing) the App or any content on the App or any content which You may have downloaded from the App.
You shall not use spiders, crawlers, or robots for the purposes of accessing the App or any content on the App.
You will not, without express written consent of the Company, make any use of any intellectual property including copyrightable works, trademarks, logos, graphics or other such content displayed or used on the App, for any purpose whatsoever.
You will not share any third-party content displayed on the App, including videos, audio and/or images of other Users including Child Users, without express consent of such third-party/ Guardians, as may be applicable.
You will not upload/ provide any content which is in violation of Clause 5 (Prohibited Content) of these Terms or otherwise inconsistent with or contrary to Applicable Laws.
You will not upload/ provide any content that threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation.
You will not probe, scan, or test the vulnerability of the App or any network connected to the App, or breach the security or authentication measures on the App or any network connected to the App.
You will not upload any content that is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person.
You will not engage in any activities that would otherwise create any liability for Us.
Videos and/or images of the Child Users may be taken in the school premises by school authorized person(s), as engaged by the school, which can be shared on the App. The Guardian agrees and acknowledges on behalf of itself and the Child User that such videos and/or images taken by the school authorized person(s) in the school premises can be uploaded on the App.
If You are found violating any of the aforementioned restrictions, You agree that it will be a just and fair action on the Company’s part to initiate legal proceedings against You or suspend or terminate Your access to the App at any point of time in accordance with Clause 8 (Suspension or Termination of Account) of these Terms.
The Company may allow You to post or publish certain content including but not limited to photos, videos, or other audio-visual materials, notes, comments, questions, queries, grievances, communications on the App (“User Content”). In such cases, You affirm, represent, and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish the content that You post or submit on the App.
You are responsible for all the User Content that You post, display, transmit, host, upload, publish, store, update or share on the App (including with respect to its appropriateness, legitimacy, lawfulness and ownership) and must ensure that the User Content posted is in conformity with Clause 5 (Prohibited Content) of these Terms and the Applicable Laws.
You hereby further agree that the Company is not responsible and shall have no liability to You, for any material posted by others, including defamatory, offensive, or illicit material and that the risk of damages from such material rests entirely with You.
You represent, warrant, and agree that the User Content shall:
Not contain information that is grossly harmful, defamatory, libellous, threatening or harassing, obscene, objectionable, offensive, blasphemous, sexually explicit, pornographic, paedophilic, invasive to another’s privacy, harmful to minors/child, racially or ethnically objectionable, disparaging, relating or encouraging money laundering, gambling, or otherwise unlawful in any manner whatsoever;
Not contain information that is discriminatory or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
Not infringe any permitted trademark, copyright or other proprietary rights;
Not contain software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and
Not violate any Applicable Laws or promote any activities which may violate any Applicable Laws.
We have all right, title, and interest in the App, and all the intellectual property related to the App, its technology, proprietary material, content and information made available on the App including but not limited to the graphics, images, photographs, logos, trademarks, copyrights, the appearance, organization, layout and underlying software code of the App (“Intellectual Property”).
Except as expressly provided in this Clause, nothing on the App or otherwise shall be interpreted as granting any form of authorization or license, express/implied, written/unwritten, to You for using any Intellectual Property.
Other than as specified in these Terms, We have no rights over Your User Content and You retain ownership rights in Your User Content. You hereby grant the Company a perpetual, non- revocable, sub-licensable, worldwide, royalty-free license to use, copy, distribute, display, reproduce, modify, adapt the User Content posted/published by You on the App and further waive all moral rights and other rights that You may have under Section 19(4) read with Section 30A of the Copyright Act, 1957 (or any similar provision under any Applicable Laws).
You further agree that You shall not modify, re-sell, reuse, license out, distribute, or otherwise use Our Intellectual Property in any unauthorized manner. Any unauthorized use of Our Intellectual Property will constitute an infringement of Our intellectual property rights and may be actionable under the Applicable Laws. The same principles will apply if You make an unauthorized use of the intellectual property rights of other User(s).
You agree to take reasonable steps to protect our Confidential Information at all times. You must not disclose Our Confidential Information to any third parties, except if required under Applicable Laws. You remain responsible for the use of Our Confidential Information and in the event of discovery of any unauthorized use or disclosure, You must promptly notify Us.
For the purpose of this Clause, “Confidential Information” means non-public information that is designated “confidential” or “proprietary” including information pertaining to Our
Intellectual Property, that a reasonable person should understand is confidential given its content or the circumstances surrounding its disclosure. Confidential Information does not include information that: (i) becomes publicly available without a breach of these Terms; (ii) You received lawfully from another source without a confidentiality obligation; or (iii) is independently developed without reference to Our Confidential Information.
Any violation of this Clause shall be considered to be a material breach and the Company is free to pursue any legal remedy it deems fit for the enforcement and protection of its rights, in addition to suspending or terminating Your access to the App.
We will process Your personal data in accordance with applicable data protection laws of India and the terms of Our App’s Privacy Policy
We reserve the right to take appropriate actions to safeguard Our rights and secure the App, including temporarily or permanently suspending or terminating Your Account and services associated with such Account, if We determine:
That the Child User(s) for whom the access to the App is sought is no longer enrolled as a part of Our pre-school;
That Your use of the Account is in contravention of Clause 2(f) (Account Registration and Access) of these Terms.
That Your use of the App is in contravention of Clause 3 (Use) of these Terms;
That You are in violation of Clause 6 (Intellectual Property Rights) of these Terms;
That You are in breach of the App’s Privacy Policy;
That You have directly or indirectly attempted to breach the security and integrity of the App ;
That You are in breach of any Applicable Laws that impacts Us and/or this App; and/or
That there is any bankruptcy, liquidation or insolvency event or other corporate actions with similar resultant impact initiated against You.
The App may contain hyperlinks to various external websites, applications, content, advertisement including the “EuroKids Rewards” section of the App which includes hyperlinks to various external websites (“Third-Party Links”). We do not own or control such Third-Party Links present on the App. If You choose to click on such Third-Party Links which direct You to a third-party website or application, You choose to do so at Your own risk. We assume no control or responsibility for the content, offerings, privacy policies or practices of such Third-Party Links or their services. You must read the privacy policy of such third-party website/application before You share any personal data on such website/ application.
The presence of any Third-Party Links on the App cannot be construed as a recommendation, endorsement or solicitation of any material or content present on such Third-Party Links, or any other material on or available through such Third-Party Links.
We recommend that You exercise reasonable diligence, as You would in traditional offline or online channels before committing to any transaction or exchange of information, including but not limited to reviewing the third-party website or application’s privacy policy.
You further acknowledge and agree that We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to have been caused or connected with the use of or reliance on such content, goods or services available on or through such Third- Party Links.
You will indemnify, defend and hold harmless the Company, its affiliates, subsidiaries, officers, directors, stockholders, employees, agents, assignees and successors (collectively “Indemnified Parties”), from and against any and all claims, liabilities, judgments, damages, losses, costs and expenses (including attorneys’ fees), and demands arising directly or indirectly out of (i) Your breach of representations, warranties, and obligations under these Terms; (ii) any negligent acts or omissions, willful misconduct, or fraud; (iii) violation of Applicable Laws;
(iv) third-party infringement or misappropriation claims resulting from Your acts; or (v) any personal or bodily injury or damage caused in connection with Your use of the App.
We reserve the right, at Our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event You shall cooperate with Us in asserting any available defences.
This Clause shall survive the expiry or termination of these Terms.
To the maximum extent permitted by Applicable Laws, the App is provided on an “as is” and “as available” basis, and the Company hereby expressly disclaims any and all warranties, express or implied, including but not limited to, any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, and undertakings are hereby excluded.
The Company makes no representations or warranties on the validity, accuracy, correctness, reliability, quality, stability, completeness, timeliness, applicability or currentness of any information or content provided on or through the App. The company makes no representation or warranty that the services on the App will be uninterrupted, error free or free of harmful components, and that any content will be secure or not otherwise lost or altered.
(a) The Company will not be liable to You for any indirect, incidental, special, consequential or exemplary damages, even if a party has been advised of the possibility of such damages. Further, the Company will not be responsible for any compensation, reimbursement, or damages arising in connection with: (i) Your inability to use the App, including as a result of any (a) termination or suspension of these Terms or Your use of or access to the App, (b) our discontinuation of any or all of the App, or, (c) any unanticipated or unscheduled downtime of all or a portion of the App for any reason; (ii) errors, mistakes, or inaccuracies of content on the App; (iii) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the App; (iv) any interruption or cessation of transmission to or from the App; (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the App; (vi) any investments, expenditures, or commitments by You in connection with these Terms or Your use of or access to the App; or (vii) any unauthorized access to, alteration of, or the deletion, destruction, damage, loss or failure to store any of Your content or other data.
In any case, our aggregate liability under this agreement will not exceed INR 1000. The limitations in this section are applicable to the maximum/ fullest extent permitted by Applicable Laws.
This Clause shall survive the expiry or termination of these Terms.
We do not guarantee that the activities provided on the App or any other services offered on the App will yield any definitive results. Such activities and services offered on the App are mere aids to the Users and should not be considered a definitive means of child development.
The access and use of the App requires compatible devices, internet access and installation of the App on Your device, especially when You are not accessing/using the App through web browser(s). When You use the App, You agree that You meet the given requirements of compatible devices, a working internet connection and agree to install the App on Your device. You also agree that certain updates/upgrades would be required from time to time to ensure smooth running of the App and You shall constantly check Your system for any required updates/upgrades.
We might have to carry out system maintenance and/or upgrading and/or testing and/or repairs and/or other related work (the “Maintenance”) in relation to the App. We may, at Our sole discretion and without assigning any reason whatsoever, at any time deactivate and/or suspend the Your access to the App without notice to carry out Maintenance. Without prejudice to any other provisions of this Terms, We shall not be liable for any loss and/or damage and/or costs and/or expense that You may suffer or incur, as a result of such deactivation and/or suspension.
These Terms may be updated by Us from time to time. The latest updated version of these terms can be accessed any time on the App. You are advised to regularly review these Terms. We will notify You of any updates to these Terms from time to time. Your continued usage of the App shall be deemed consent on Your part to the changes made in these Terms.
We shall not be liable for failing to perform or delay in performance of any obligations, or any loss or liability resulting, directly or indirectly, from such delays or interruptions due to any Force Majeure Event (as defined below).
For the purpose of these Terms, a “Force Majeure Event” means an electronic or mechanical equipment failures, internet shutdowns, network interconnect problems, cyber-attacks, act of God, fire, flood, earthquake, ice storm, or other natural disaster, solar flare, explosion, monsoon, extreme weather condition, national or regional emergency, pandemic, insurrection, embargo, blockade, a governmental authority’s failure to act in a timely manner, riots or other civil unrest, wars, invasions or hostilities (whether war is declared or not), acts of terrorism or threats of such acts, strikes, lockouts, labor disputes, labor stoppages or slowdowns and similar occurrences, in the case of each of the foregoing, that are beyond the reasonable control of the Company.
The Company shall have no responsibility to provide You access to the App while the interruption due to any such cause continues.
You agree that all agreements, notices, disclosures, disclaimers, and other communications that are provided to You electronically satisfy any legal requirement that such communication should be in writing and is binding on You.
If any provision of these Terms becomes invalid or unenforceable due whatsoever reason, such invalidity or unenforceability shall not lead to the entire Terms becoming unenforceable. The unenforceable or invalid portion shall be deemed to be severed from these Terms without affecting the validity of the entire Terms.
All matters, claims and any such issues which may directly or indirectly arise from or in connection with these Terms shall be governed under the laws of India. Subject to the arbitration in clause 20(b) below, disputes under or arising out of the Terms shall be subject to exclusive jurisdiction of courts at Mumbai, India.
All disputes arising from or in connection with this Agreement shall be referred to, and finally settled by, arbitration in accordance with the Indian Arbitration and Conciliation Act, 1996, presided over by a sole arbitrator jointly appointed by the Parties. The arbitration proceedings shall be held at Mumbai and shall be conducted in the English language. The award of the arbitral tribunal shall be binding on the Parties.The arbitration proceedings shall be kept confidential.
In the event there is any conflict between these Terms and the App’s Privacy Policy, and any other policies applicable to whole or part of the App, the following order of prevalence shall apply: (a) the App’s Privacy Policy (b) these Terms, (c) Other Policies.
Our failure to exercise any right provided for herein shall not be deemed a waiver of any further right hereunder. Except as expressly set forth in these Terms, Our exercise of any of Our remedies under these Terms will be without prejudice to Our other remedies under these Terms or otherwise. If, for any reason, a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect.
If You have any queries regarding Our App or Our Terms or the App’s Privacy Policy, You may contact Us at: developer@lighthouse-learning.com.
For any grievances, You may write to Our Grievance Officer, the details of which are provided below:
Name: Rakesh Bhat
Email: rakesh.bhat@lighthouse-learning.com, with ‘cc’ to legal@lighthouse-learning.com. Phone: +91 9819283336
Address: Windsor, 801, Off, Manipada Rd, Kalina, Santacruz East, Mumbai, Maharashtra 400098.
Our Grievance Officer will attempt to redress Your queries and concerns expeditiously or in accordance with the timelines prescribed under the Applicable Laws.
Date updated: [21 October 2024]