Terms And Conditions

GENERAL TERMS AND CONDITIONS
 

The promoter is: SRALLS Learning Tech Private Ltd  whose registered office is at Mumbai,Maharashtra.

The competition is open to residents of India except employees of SRALLS Learning Tech Private LTD.

By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

Route to entry for the competition and details of how to enter are via https//talentoon.com

Only one entry will be accepted per person. Multiple entries from the same person will be disqualified.

Closing date for entry will be contest specific and will be mentioned on the website.After this date the no further entries to the competition will be permitted.

No responsibility can be accepted for entries not received for whatever reason.

The promoter reserves the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of the promoter’s control. Any changes to the competition will be notified to entrants as soon as possible by the promoter.

The promoter is not responsible for inaccurate prize details supplied to any entrant by any third party connected with this competition.

The prize will be as stated in the contest information. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

 Winners will be chosen basis the maximum votes on the website maintaining the transparency

The winner will be notified by email and/or DM on Twitter/Facebook and/or letter within 28 days of the closing date. If the winner cannot be contacted or do not claim the prize within 14 days of notification, we reserve the right to withdraw the prize from the winner and pick a replacement winner.

 The promoter will notify the winner when and where the prize can be collected/is delivered.

 The promoter’s decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

 By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions.

 The competition and these terms and conditions will be governed by law and any disputes will be subject to the exclusive jurisdiction of the courts of India.

 The winner agrees to the use of his/her name and image in any publicity material, as well as their entry. Any personal data relating to the winner or any other entrants will be used solely in accordance with current data protection legislation and will not be disclosed to a third party without the entrant’s prior consent.

Entry into the competition will be deemed as acceptance of these terms and conditions.

The website is a platform that brings to young children various talent contest
 
REGISTRATION
 
To fully avail the Services of the website and use of it, registration is required. You are required to create a profile for Yourself by providing the following information which inter alia includes Name, Age, Gender, User Name, Password, Email ID, Mobile Number, Address, etc., Users who register with Website can avail the listed Services and Material from the Website.
To enter the contest there could be entry fee which the user is only required to pay for the services he/she wishes to avail or participate through website.
 
PAYMENT
 
To process financial transactions on the website, We may use third-party electronic payment processors or service providers (ESPs). As required, You permanently authorize Us to instruct such ESPs to handle Account deposits and withdrawals from Your account. You also permanently agree that in accordance with Your requests as submitted, We may give such instructions on Your behalf. You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between these Agreements and the ESP’s terms and conditions, these Agreements shall prevail.
 
The following payment options are available on the Website:
a) Domestic and international credit cards issued by banks and financial institutions that are part of the Visa, Master Card & Amex Card networks;
b) Visa & Master Card Debit cards;
c) Netbanking/Direct Debit payments from select banks in India. A list of available options will be made available at the time of ‘checkout’
 
The User acknowledges and agrees that by accessing or using the Website or any of the Services provided therein, he/she may be exposed to content that he/she may consider offensive, indecent or otherwise objectionable. The Company disclaims any and all liabilities arising in relation to such offensive content on the Website. The User may however report any such offensive or objectionable content, which the Company may then remove from theWebsite, at its sole discretion.
 
In places where Website permits the User to post or upload data/information, the User undertakes to ensure that such material is not offensive or objectionable, and is in accordance with applicable laws. The User expressly agrees that any such material that is deemed to be objectionable/offensive may be removed from the Website immediately and without notice, and further that the User’s access to the Website may also be permanently revoked, at the sole discretion of the Company.
 
User Further undertakes not to:
 
i) Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of any other person or entity;
 
ii) Engage in any activity that interferes with or disrupts access to the Website or the Services provided therein (or the servers and networks which are connected to the Website);
 
iii) Impersonate any person or entity, or falsely state or otherwise misrepresent his/her affiliation with a person or entity;
 
iv) Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever under any law, rule or regulation currently in force; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
 
v) Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website;
 
vi) Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. The User may not reverse look-up, trace or seek to trace any information relating to any other user of, or visitor to, the Website, or any other customer of the Website, including any user account maintained on the Website not operated/managed by the User, or exploit the Website or information made available or offered by or through the Website, in any manner;
 
vii) Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked Websites;
 
viii) Collect or store data about other users of the Website.
 
ix) Use the Website or any material or content therein for any purpose that is unlawful or prohibited by these Terms, or to solicit the performance of any illegal activity or other activity which infringes the rights of this Website or any other third party(ies);
 
x) Violate any code of conduct or guideline which may be applicable for or to any particular Service offered on the Website;
 
xi) Violate any applicable laws, rules or regulations currently in force within or outside India;
 
xii) Violate any portion of these Terms or the Policy, including but not limited to any applicable additional terms of the Website contained herein or elsewhere, whether made by amendment, modification, or otherwise;
 
xiii) Threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence, or prevent the investigation of any offence, or insult any other nation.
 
xiv) Publish, post, or disseminate information that is false, inaccurate or misleading;
 
xv) Directly or indirectly offer, attempt to offer, trade, or attempt to trade, any item the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
 
xvi) Commit any act that causes the Company to lose (in whole or in part) the Services of its internet provider (“ISP“) or in any manner disrupts the Services of any other supplier/service provider of the Company/Website;
 
xvii) Engage in advertising to, or solicitation of, other users of the Website to buy or sell any Material and Services not currently displayed on the Website. The User may not transmit any chain letters or unsolicited commercial or junk email/messages to other users via the Website or through any other internet based platform infringing the reputation of the Company/Website. It shall be a violation of these Terms to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another user of the Website without the express prior written consent of the Company.
 
 The User expressly understands and agrees the following.
 
i) Each registration is for a single individual only, unless specifically designated otherwise on the registration page.
 
ii) You are responsible for maintaining the confidentiality of Your account credentials.
 
iii) You shall be responsible for all uses of Your account, whether or not authorized by You. You agree to immediately notify us of any unauthorized access or use of Your account or password.
 
iv) In addition to these Terms of Use, You understand and agree that We may collect and disclose certain information about You to third parties. In order to understand how We collect and use Your information, please visit our Privacy Policy at [.]
 
v) The User hereby expressly authorises the Company/Website to disclose any and all information relating to the User in the possession of the Company/Website to law enforcement or other government officials, as the Company may in its sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those involve personal injury and theft / infringement of intellectual property. The User further understands that the Company/Website might be directed to disclose any information (including the identity of persons providing information or materials on the Website) as necessary to satisfy any judicial order, law, regulation or valid governmental request.
 
COMMUNICATION WITH USER
 
When the user or consumer decides to contact the Company they can do so by through Phone or email and gives consent so that the Company can contact the consumer. Company shall send notifications to consumers through email, SMS  notification feature to inform about current promotional offers and discounts. User/Consumer shall contact the Company for any Service related queries through Phone or email.
 
SUSPENSION OF USER ACCESS AND ACTIVITY
 
Notwithstanding other legal remedies that may be available to it, the Company may in its sole discretion limit the User’s access and/ or activity by immediately removing the User’s access credentials either temporarily or indefinitely, or suspend/ terminate the User’s membership, and/or refuse to provide User with access to the Website, without being required to provide the User with notice or cause:
a) If the User is in breach of any of these Terms or the Policy;
b) If the User has provided wrong, inaccurate, incomplete or incorrect information;
c) If the User’s actions may cause any harm, damage or loss to the other users or to the website/Company, at the sole discretion of the Company.
 
 
INDEMNITY AND LIMITATIONS
 
The User hereby expressly agrees to defend, indemnify and hold harmless the Website and the Company, its parent, subsidiaries, affiliates, employees, directors, officers, agents and their successors and assigns and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon the User’s actions or inactions, including but not limited to any warranties, representations or undertakings, or in relation to the non-fulfilment of any of the User’s obligations under this Agreement, or arising out of the User’s infringement of any applicable laws, rules and regulations, including but not limited to infringement of intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, or the infringement of any other rights of a third party.
 
In no event shall the Company/Website be liable to compensate the User or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable, and whether or not the Company/Website had been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortuous action, or any other claim arising out of or in connection with the User’s use of or access to the Website and/or the Services or materials contained therein.
 
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, and the Parties expressly agree that in the event of any statute, rule, regulation or amendment coming into force that would result in the Company/Website incurring any form of liability whatsoever, these Terms and the Policy will stand terminated one (1) day before the coming into effect of such statute, rule, regulation or amendment. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
 
INTELLECTUAL PROPERTY RIGHTS
 
Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Websites’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports and other distinctive brand features, save according to the provisions of these Terms. All logos, trademarks, brand names, service marks, domain names, including material, designs, and graphics created by and developed by the Website and other distinctive brand features of the Website are the property of the Company. Furthermore, with respect to the Website created by the Company, the Company shall be the exclusive owner of all the designs, graphics and the like, related to the  Website.
 
The User may not use any of the intellectual property displayed on the Website in any manner that is likely to cause confusion among existing or prospective users of the Website, or that in any manner disparages or discredits the Company/Website, to be determined in the sole discretion of the Company.
 
The User is further aware that any reproduction or infringement of the intellectual property of the aforementioned owners by the User will result in legal action being initiated against the User by the respective owners of the intellectual property so reproduced / infringed upon. It is agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
 
DISCLAIMER OF WARRANTIES AND LIABILITIES
 
a) Our content is created by experts and goes through strict quality checks. Except as otherwise expressly stated on the Website, all Services and Material offered on the Website are offered on an “as is” basis without any warranty whatsoever, either express or implied, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, we make no warranty that your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free; materials, information and results obtained will be effective, accurate or reliable; any errors or defects in the website, services or other materials will be corrected.
 
b) All commercial/contractual terms are offered by and agreed to, between the User and the Company alone.
 
c) The Company/Website does not make any representation or Warranty as to specifics (such as quality, value, salability, etc.) of the Services offered on the Website. The Company/Website does not implicitly or explicitly support or endorse any of Services on the Website.
 
d) The Website and the Company do not guarantee any particular outcome regarding the results of the users during the Examinations. The Company doesn’t not provide any warranty as to the results that may be obtained from the use of the Website, the Services or the Materials or as to the accuracy or reliability of any information provided through the Website, the Services or the Materials.
 
e) The Website and the Company may send gifts as rewards to users. However such gifts are chosen at the sole discretion of the Company and no monetary compensation shall be given in lieu of such gifts to the users. Further such gifts are provided to users upon winning the contest and the gifts cannot be exchanged. Any gifts sent by the Company to the users if damaged in transit shall not be the responsibility of the Company and the Company shall not be liable to exchange and/or replace such gifts.
 
f) The Website and the Company shall give the requisite certificates to the users basis the contest reward programe.
 
g) The Website and the Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties, or for any damage caused to the User, the User’s belongings, or any third party, resulting from the use or misuse of any Service availed of by the User from the Website.
 
h) The Company/Website does not guarantee that the Functions and Services contained in the Website will be uninterrupted or error-free, or that the Website or its server will be free of viruses or other harmful components, and the User hereby expressly accepts any and all associated risks involved with the User’s use of the Website.
 
i) In no event shall the Company/ Website, or its affiliates be liable for any direct, indirect, incidental, special or consequential damages arising out of the use of or inability to use the Website, or its Services. You agree that Our liability or the liability of Our affiliates, directors, officers, employees, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Services or the Courseware shall not exceed the fee You paid to Us for the particular/relevant package.
 
j) It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
 
SUBMISSIONS
 
Any comments, ideas, suggestions, initiation, or any other content contributed by the User to the Company or this Website will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for the Company to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, display worldwide, or act on such content, without additional approval or consideration, in any media, or technology now known or later developed, for the full term of any rights that may exist in such content, and the User hereby waives any claim to the contrary. The User hereby represents and warrants that he/she owns or otherwise controls all of the rights to the content contributed to the Website, and that use of such content by the Company/Website does not infringe upon or violate the rights of any third party. In the event of any action initiated against the Company/Website by any such affected third party, the User hereby expressly agrees to indemnify and hold harmless the Company/Website, for its use of any such information provided to it by the User. The Company reserves its right to defend itself in any such legal disputes that may arise, and recover the costs incurred in such proceedings from the User.
 
FORCE MEASURE
 
Neither the Company nor the Website shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, sabotage, labour shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
 
DISPUTE RESOLUTION AND JURISDICTION
 
It is expressly agreed to by the Parties hereto that the formation, interpretation and performance of these Terms and any disputes arising herefrom will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
a) Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of both Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to the other Party, the dispute will be resolved by arbitration, as detailed hereinbelow;
b) Arbitration. In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on both Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and shall be in  India.
 
The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules and regulations of India, and that the Courts at Mumbai shall have exclusive jurisdiction over any disputes arising between the Parties.
 
NOTICES
 
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User reducing the same to writing, and sending the same to the registered office of the Company by Registered Post Acknowledgement Due / Speed Post Acknowledgement Due (RPAD / SPAD)
 
MISCELLANEOUS PROVISIONS
 
a) Entire Agreement: These Terms, read with the Policy form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations and agreements (whether oral, written or otherwise) relating thereto;
 
b) Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
 
c) Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.