Terms & Conditions

 

The mobile application “Top Parent” (hereinafter referred to as the “Platform”) is owned, maintained, operated and managed by Humanitus Learning Sciences and Consulting Services Private Limited (hereafter referred in this document as “Humanitus”/ “We”/ “Us”). Any access of the Platform or use of the Services (“Services”), is subject to your acceptance of these Terms & Conditions (“T&Cs”). These T&Cs will apply to you, the user (“You” or “User”), through the Platform.

We encourage you to read these terms very carefully, understand the purpose and type of Services we provide and note that all uses of our Platform and/or Services are governed by these same T&Cs. If you are not agreeable to the terms and conditions mentioned herein, you must not proceed with using our Services and/or the Top Parent App.

 

Top Parent is a Platform wherein you can access free informational videos, informational/educational games or Quizes, and recommended EdTech solutions for children. 

 

By virtue of using our Services you are accepting the Terms and Conditions mentioned herein and our Privacy Notice, and by doing so you are accepting our Services, limitations of liabilities and obligations;

 

On our App Users can find educational and informative videos for their children. If the user wishes to download any of these apps, they can click on the link next to the app - which will take them to the Playstore from where they can download that specific EdTech app. The app is then downloaded and sits separately on their phone. The User must note that on clicking the link for such 3rd Party Apps, they are leaving the Top Parent App.

 

Top Parent is meant to be used by Children only under the supervision of a parent and/or legal guardian. 

 

1. Definitions & Interpretations

1.1. The words and terms below, when used in this contract, will have the meaning given here, unless the context clearly implies otherwise and will govern the User’s use of the Platform.

1.1.1. Agreement – These Terms & Conditions, together with the Privacy Notice, contain the exhaustive list of provisions & principles that govern the relationship between Top Parent and its Users.

1.1.2. Top Parent, Us or We refers to a Product owned by Humanitus Learning Sciences and Consulting Services Private Limited.

1.1.3. User or You – A person who is using the Top Parent app in any manner or has an account with Top Parent and uses our Services; User could be any individual above the age of 18 years on the day of using the app for the first time, with a smartphone, unique phone number and access to internet data;

1.1.4. Privacy Notice – The document available at https://www.humanitus.in/privacy-notice;

1.1.5. Service(s) –Informational and educational videos, informational games (Quiz), recommended EdTech solutions for children, information about children's learning progress

1.1.6. Third Party App or 3rd Party App - The applications belonging to and owned by any entity or individual apart from the Humanitus Learning Sciences and Consulting Services Private Limited shall be considered to be a 3rd Party App.

1.1.7. Platform – the App named Top Parent;

 

1.2. In these Terms & Conditions, unless the context requires differently:

1.2.1. References to these Terms & Conditions include references to any amended Terms & Conditions, which supersede these Terms & Conditions;

1.2.2. Unless otherwise stated, in case of conflict between these Terms & Conditions and any other document referred to in these Terms & Conditions, these Terms & Conditions shall prevail;

1.2.3. References to Top Parent or the trademark holder shall be deemed to include their respective successors, beneficiaries and/or transferees;

1.2.4. Section headings are for reference only and shall not affect the interpretation of these Terms & Conditions;

1.2.5. References to gender include every gender & references to the singular include the plural and vice versa;

1.2.6. References to servers or ‘our server’ or ‘our servers’, if appropriate, include a reference to third party server or servers used to provide the Services or the Platform;

1.2.7. Any sentence introduced by the words ‘containing’ or ‘including’ or similar expression is indicative & does not limit the meaning of words that follow and will be considered ‘without limitation’.

 

2. Acceptance

2.1. By registering an account with Top Parent you confirm that you have read and understood these Terms & Conditions, and our Privacy Policy which may be modified from time to time, and acknowledge that they will govern the access to and use of our Service and/or Platform.

2.2. The Agreement applies to the usage of the Platform and comes into force as soon as you tick the acceptance box during the registration process and create your account. Ticking the box confirms to us that you have read, understood and accepted these Terms & Conditions without any reservations or purpose of evasion.

2.3. Any rights not expressly granted in these Terms & Conditions are reserved.

2.4. Any activity you may engage in prior to accepting these Terms & Conditions is strictly your responsibility & may not be transferred nor imputed onto us under any circumstances.

2.5. To answer what constitutes usage of our platform, you must note that any type of usage of our Platform or portal, even without registration, can be considered to be “Use”.

 

3. Modification of Policy

3.1. Top Parent reserves the right to amend, modify and update these Terms & Conditions as well as our Privacy Notice at any time, either partially or completely. In the event that the Terms & Conditions change, communication of such change will be issued accordingly or a 48-hour notice may be given before making such change.

3.2. Continued use, access to and participation in the Platform and/or Services after such communication shall constitute your acceptance of the updated Terms & Conditions and Privacy Notice.

3.3. These Terms & Conditions, together with our Privacy Notice, represent the entire Agreement and understanding between you & us and cannot be modified except as expressly provided in clause 3.1. above.

 

4. Account registration

4.1. While registering on our Platform, we will expect you to share the following information with us: Your Contact number. We will be sharing an SMS based OTP (one Time Password) for verification purposes when you register on our Platform for the first time. This OTP is your authentication code and shall not be used for any other purpose or shared with any other individual or third party entity. In case you share the OTP with some third party and such party uses your contact details or personal information for any unauthorized use, the same shall not be our liability, in any manner whatsoever.

4.2. While “use” of our Platform is defined as merely using our App, access to & partaking activities in the Platform and our Services is subject to the User registering an account, using registration form, except in exceptional circumstances.

4.3. While Registering on our Platform for Services or in completing the registration process as well as while making any other interaction with Top Parent, you agree to provide true, accurate and complete information to Top Parent. You undertake to protect your information that is related to your account and registration details on our Platform. Any personal information collected through the Platform will be processed in accordance with the provisions laid down in our Privacy Notice.

4.4. By creating an account with Top Parent, you warrant that you satisfy all of the following eligibility requirements:

4.4.1. You are at least 18 years old – if you are an individual – or – if you represent an entity – that it is legally constituted in accordance with the relevant laws & regulations of the country of incorporation; In case you are not 18 years old, we direct you to not register on our platform and state that you are not eligible to use our Services.

4.4.2. You are a Parent of a child (or children) below the age of 8 years and have registered on our App and are using our Services, fairly and correctly, for educational purposes for your child (or children).

4.4.3. You are legally capable of entering into a binding contract with Top Parent under the applicable laws;

4.4.4. You are not in any way prohibited by the applicable law in the jurisdiction in which you are currently located to agree to and abide by these Terms & Conditions;

4.4.5. You are located in India. You are not a citizen or resident of, or located in, a country or region that is subject to any sovereign or other sanctions or embargoes or where using services of Top Parent or other such Companies or Services is banned or prohibited.

4.4.6. You understand and accept all liabilities and responsibilities that you are getting yourself into and are only sharing details and information with Top Parent with complete understanding of our Services and Processes.

4.5. You agree and declare that you have entered your own personal details & that, at all times, you will:

4.5.1. Maintain the confidentiality of your account and all details related to your account;

4.5.2. Remain solely liable for allowing to let your child (or children) use our App and the related Services therein;

4.5.3. Remain solely and personally responsible for all activities that occur in your account;

4.5.4. Not attempt nor aide others’ attempts to impersonate a third person for any purposes;

4.5.5. Not allow any other person to use your login credentials or in any way meddle with your account nor perform any actions under your account;

4.5.6. Abide by these Terms & Conditions as well as the processes, procedures, guidelines & instructions referenced to throughout the Platform;

4.5.7. Retain exclusive responsibility for any & all financial activity on the Platform associated with your account;

4.5.8. Not use the Platform for illegal or fraudulent activity;

4.5.9. Guarantee that the source of all funds used on the Platform is derived from legal activities only.

4.5.10. Be present in India and be a citizen and resident of India when you are using the App.

4.6. You are allowed to open only one account and Top Parent reserves the right to close all accounts that are opened or created by the same individual or connected to the same person. If Top Parent has reasonable grounds to believe that a User has committed or attempted to commit any fraud, or has tried to misrepresent itself as another individual, Top Parent reserves the right to cancel any account and/or void any transactions pertaining to the same, without prejudice to any other action, or to terminate the Agreement.

4.7. Top Parent reserves the right to reject a User’s request to join the Platform and/or close a User’s account, at its sole discretion.

4.8. You undertake the responsibility of and agree to immediately notify us of any unauthorised use, or suspected unauthorised use of your account or any other breach of security. Top Parent reserves the right to promptly disable your login credentials and suspend your access to our Services and/or the Platform in the event we have any reason to believe that you have breached any of the provisions set out in these Terms & Conditions, including the Privacy Notice, or that security of your account has been compromised or you violate any applicable laws.

 

5. Personal information

5.1. The personal information that Top Parent may request for registration includes name, address and telephone number. While the telephone number is a mandatory requirement for verification purposes as well, the User can selectively and as per their discretion enter the address and name as well.

5.2. Since Top Parent is aimed at providing educational assistance to children through their parents, we are extremely careful and sensitive towards the content on our Platform. Your name or any other details or content you provide on the Platform must not be obscene, threatening, racist, offensive, derogatory, defamatory or infringe any intellectual property right or property right of a third party. If your name is considered to be inappropriate by Top Parent, you will be asked to change it. Should you refuse this request, Top Parent reserves the right to terminate your account indefinitely.

5.3. Once your account has been authorised, Top Parent expects and accepts that all claims and communications are made by the rightful owner of the User account and are therefore valid. In no case is Top Parent liable for losses incurred by the User by using this Platform or due to unauthorised use or misuse of their personal details.

5.4. Your personal data shall be kept confidential and will be processed in accordance with our Privacy Notice. We will not disclose your personal data unless compelled to do so by any applicable laws, regulations, court orders or by the relevant authorities. We reserve the right to disclose your personal data to our payment services providers and financial institutions to the extent necessary for completion of payments for the Services.

Additional information about the processing of Users’ personal information by Top Parent can be found in our Privacy Notice, accessible here: https://www.humanitus.in/privacy-notice

 

6. License to use the platform

6.1. We hereby grant you a personal, non-exclusive, non-transferable, limited licence to use the Services in accordance with these Terms & Conditions and subject to the following conditions:

6.1.1. You fulfill all of the eligibility criteria listed above;

6.1.2. All information included in the registration form submitted to Top Parent is true, accurate, complete, and corresponds to the name(s) appearing on your official documents. We reserve the right to close your account in the event that the information provided to Top Parent is found to be false, inaccurate, deceitful or incomplete. It is your responsibility to inform us of any changes regarding the information you provided us with as soon as possible;

6.1.3. The use of the Services is a right that is bestowed upon you personally & therefore, it is to be exercised for personal and not commercial purposes;

6.1.4. You certify that you will not violate or attempt to violate or manipulate Top Parent’s security measures in any way. If Top Parent has reasonable suspicion with respect to this clause, we reserve the right to suspend or terminate your account immediately and to deny you any access to the Platform;

6.1.5. You will not attempt to use any techniques designed to hide or mislead as to your IP or true location.

6.2. Upon termination of this Agreement, the licence issued to use our Platform shall be automatically revoked and you shall stop using our Platform & Services.

 

7. Reward Programs and Offers

7.1. That the Platform shall run reward programs or promotions for Users from time to time, per their discretion. Under these reward programs, the User shall earn points for certain actions on the app.

7.2. Top Parent reserves the right to change the terms of these Programs as and when it deems fit and necessary with an intimation through a notification on the App or by changing the terms on the Platform.

7.3. The User is awarded points on certain user behaviour such as watching new video content, playing quizzes, completing educational worksheets on Top Parent. 

 

8. Use of our Platform by Parents

8.1. The Parent’s profile page will capture user name, address (optional), phone number, age of their child, App usage information and details regarding their child’s progress across various apps.

8.2. Top Parent’s Services enables Parents to access informational videos, informational games (Quiz).

8.3. Users who are seeking assistance in ensuring the overall development of their children and looking for a relevant Platform for engaging their children with educational and development content should access our Platform.

8.4. The User accepts and agrees that they will be leaving the Platform and accessing, using and providing information to 3rd party Apps and should be extremely prudent and vigilant while doing so.

8.5. In the event that the User does provide any Data or information to any 3rd party Apps, they are doing so as per their own discretion and as per the policies of the Apps, and shall in no manner, hold Top Parent liable for any breach, issues, complaints, grievances, etc.

8.6. Users shall ensure that their child (or children) are supervised at all times and shall only make the Platform available to the child (or children) for use, under their supervision.

8.7. Responsibilities of Parent as User:

8.7.1. Ascertain the identity and details being provided by them;

8.7.2. Ensure that their child (or children) use the Platform and all associated 3rd Party apps with prudence and under constant and strict supervision.

8.8. Use of our Services by Children

8.8.1. Top Parent has made it abundantly clear that no individual below the age of 18 years is allowed, permitted, expected to create an account on the Platform.

8.8.2. Each individual creating an account on the Platform shall be a major and shall be a Parent of a child (children) or a guardian by law.

 

9. Our rights and responsibilities

9.1. Top Parent is an Education Platform for Parents and its services are designated as Public Good under Education (non profit). 

9.2. Top Parent shall not be liable or responsible for any of the 3rd Party Apps or any issues related to them in any manner whatsoever.

9.3. In the event there is a dispute between the User and a 3rd Party App, the same shall be addressed and resolved between the parties alone and Top Parent shall not involve itself and shall not be responsible in any manner, for such disputes.

9.4. Both User and a 3rd Party App agree that Top Parent is not liable for any loss or damage suffered by you in the course of receiving or providing Services.

9.5. All the information that we mention about the 3rd Party Apps on our Platform are information relating to the brand and details about what they are and do i.e. what age group of children and what specific learning outcome they address, etc. None of the information so provided is our opinion and is only the information shared with us by the 3rd Party App owner.

 

10. Disclaimer

10.1. That Top Parent does not directly monitor or keep a check on any of the 3rd Party Apps, their Services, their Content, etc.

10.2. Top Parent does not ensure, guarantee or give warranty regarding the quality of these 3rd Party Apps and it does not endorse them in any way.

10.3. Top Parent follows a detailed process for onboarding a 3rd Party Edtech app for children onto our Platform. However, once onboarded we do not monitor these 3rd Party Apps or their content, services, etc. on an ongoing basis.

10.4. In addition to the Top Parent terms and conditions, and Privacy Policy the User and each child using the Platform shall also be bound by the Policies, terms and conditions and other applicable agreements of each of these 3rd Party Apps. Each User is recommended to read each of these policies, terms and conditions and agreements in detail and understand, accept and agree to each of them before proceeding.

 

11. Termination & Account closure

11.1. We may suspend or terminate your use of the Platform or terminate your access to the Platform, in our sole discretion & without any liability to you or any third party.

11.2. Without prejudice to any other remedy available to us, Top Parent reserves the right to suspend or terminate your account and refuse to provide any or all of its Services to you if (i) you breach the letter or spirit of any of these Terms & Conditions, (ii) we are unable to verify or authenticate any information you provide to us, or (iii) we believe, in our sole discretion, that your presence on our Platform may cause harm to our Users or to us, or are contrary to the legitimate interests of the Platform.

11.3. You have the right to cancel your account at any time by sending us an email requesting the same to the Contact details provided below. Upon initiation, you will be required to verify the request through an OTP verification from your registered mobile number before the account deletion process commences. We might take 4-7 working days to verify your request and process the deletion.

11.4. Upon termination or closure of your account, you agree & acknowledge that your rights to use the Platform & Services shall immediately cease and you shall have no access to your account or any details therein.

 

12. Customer complaints and disputes

12.1. Since Top Parent does not provide any Services apart from merely listing the 3rd Party Apps, with the details that they have shared with Top Parent on the Platform, we do not take liability of any issues or concerns on our Platform. However, if you do have a complaint or are experiencing difficulty with our Platform’s functionality you can raise a complaint with our customer support team via the email address included at the bottom of this page.

12.2. Any complaint or claim of any nature should be communicated to us as soon as possible by and no later than a maximum of one (1) month after the issue has occurred.

12.3. Top Parent shall endeavor to respond to complaints with the results of the enquiry within one month from the date of the lodging of the complaint, and will endeavor to provide prompt resolution of issues at hand, if possible for it to do so.

12.4. If you have reason to believe that another User has not followed or complied with their obligations under these Terms & Conditions, please, escalate the issue to our notice, using the e-mail address featured at the bottom of his page. In your referral, please, provide full details of the nature of your complaint and the materials to which the complaint relates.

12.5. If a User submits a complaint or a claim, Top Parent reserves the right at any time, without prior notice and without prejudice to any subsequent proceedings, to close the User’s account, deny access to all or part of the Platform.

 

13. Feedback by User

13.1. Through WhatsApp API integration with the Platform, the Users can share their suggestions / feedback/ queries/complaints/grievances.

 

14. Indemnity

14.1. By accepting these Terms & Conditions, you agree to indemnify us, to defend us and to exonerate Top Parent on demand in respect of any claim, damage, loss (whether direct or indirect), loss of reputation, cost or expense suffered by Top Parent, including but not limited to all legal fees, in relation to:

14.1.1. Any breach by you of these Terms & Conditions, rights of a third party or any law or regulation;

14.1.2. Your access to the Platform;

14.1.3. Any action/legal proceedings, claims, demands, or complaints made by a third party against Top Parent resulting from any breach by you of these Terms & Conditions and/or any relevant laws or rights of third parties;

14.1.4. Your fraud, dishonesty or criminal act.

14.2. Intellectual Property rights

14.3. All rights, trademarks, patents and other intellectual property rights on any material or content (including but not limited to, software, data, applications, information, text, photographs, music, sounds, videos, graphics, logos, symbols, artwork and other material or moving images) contained on the Platform belong to Top Parent or have been granted for our benefit by the owners of the rights as part of the Service. No use of such content and intellectual property rights relating thereto without the prior written consent and express consent of the owner is permitted. All rights are reserved.

 

15. Exclusion of warranty

15.1. You acknowledge that you have chosen to use the Services willingly and at your own risk and discretion.

15.2. Top Parent offers the Services 'as is', with no warranties, assurance, commitments or any declaration explicit or implied, legal or other.

15.3. Top Parent hereby excludes all terms, conditions, and warranties explicit or implied, including but not limited to implied warranties, commercial conditions, and/or matters of satisfactory quality, ability and adaptability to a specific end, completion or precision of service and of the application with regards to the failure to respect governing rules and laws.

15.4. It remains your responsibility to protect your system from all software viruses and Top Parent, under any circumstances, shall not be held responsible for any losses incurred in relation to any viruses. In case of viruses in our systems, we reserve the right to suspend the Services.

15.5. We do not guarantee that:

15.5.1. the Services are entirely secure and exempt from error;

15.5.2. the Services are updated regularly;

15.5.3. any defect in the Services are regularly corrected;

15.5.4. that access to the Services will be uninterrupted;

15.5.5. the Services are virus or bug free;

15.5.6. the Services will be continually operational;

15.5.7. that the Services are adequate;

15.5.8. that the material on the Platform or obtained via the Platform, is adequate, true and reliable.

15.6. Top Parent will not be held responsible for any act or omission by an internet service provider or any other third party, including those with whom you may have contracted in order to have access to the Services.

15.7. Nothing in these Terms & Conditions will exclude or restrict Top Parent’s responsibility in any manner which is prohibited by relevant laws.

 

16. Limitation of liability

16.1. Nothing in these Terms & Conditions is intended to:

16.1.1. limit your statutory rights (statutory rights include, for example, that we will provide our Services to a reasonable standard and within a reasonable time);

16.2. We will not be liable for any loss to you or a third party, that could not have been reasonably expected at the time you register for Services, such as any loss of income, business or profits or any information which is lost or corrupted, including but not limited to any damage or loss suffered or incurred by you as a result of:

16.2.1. any use of our Services in breach of these Terms & Conditions (including any use of our Services for commercial or business purposes);

16.2.2. failures caused by the equipment you use to access our Services, Platform or mobile applications or failures in any network (including failures by your internet service provider);

16.2.3. any incomplete, illegible, lost or delayed transactions (including as a result of technical failure);

16.2.4. any loss whatsoever arising from your abuse or misuse of your account or our Services;

16.2.5. any failure on our part to interact with you where we may have concerns about your activities;

16.2.6. any event outside our control or instances of force majeure;

16.2.7. our closure or suspension of your account in accordance with these Terms & Conditions;

16.2.8. your use or a third party's use of the Services or any link on the Platform;

16.2.9. any modification, suspension or interruption of Services; or

16.2.10. any improper functioning of the Services.

16.3. You acknowledge that in relation to the use of the Services that you will have no claims whatsoever against any Representatives of Top Parent or against Top Parent ourselves.

 

17. Governing law and jurisdiction

17.1. These terms shall be governed by the Indian Laws and the substantive laws of India excluding its conflict of law provisions, regardless of your country or state of origin or where you access the Platform, and regardless of any principle of law that may provide for the application of the law of another jurisdiction. The courts of NEW DELHI, India shall have jurisdiction over all matters arising out of or in relation to the use or access of the Platform.

 

18. Breach of these Terms & Conditions

18.1. Top Parent reserves the right to seek all remedies available at law & equity in respect of a breach of these Terms & conditions.

 

19. Intellectual Property & Content

Humanitus shall own the Intellectual Property in all the content that is available on its Platform, either directly or through licence from owners of the content. Each User must make use of the content on the Platform accordingly and shall ensure that in doing so, they are not infringing the rights of Top Parent or any other content owner. 

 

20. General

20.1. Failure of Top Parent to exercise their rights under these Terms & Conditions does not constitute a general waiver of those rights.

20.2. If any part of this Agreement is deemed invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that reflects as closely as possible the intent of the original provision and the remainder of this Agreement will continue to full effect.

20.3. This Agreement and any documents referred to herein represent the entire agreement between Top Parent and you and supersede any prior Agreement, understanding or arrangement, whether oral or in writing. We each acknowledge that we have not relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us except as expressly stated in this Agreement.

 

21. Contact us

21.1. For any further clarification of these Terms & Conditions or any other matter related to our Platform, please write to us at: info@humanitus.in