Privacy Policy

These terms and conditions are in an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

These Terms of Service (this “Agreement”) govern the use and other agreements concerning the Kirtida Pratishthan (“Kirtida Pratishthan ”, “Our”, “Us”, “Organisation”) Website and Mobile Applications, WhatsApp Communication (the “Service”) and Kirtida Pratishthan’s content, such as text, graphics, videos, images, information, and other material (“Content”) are provided to you by Kirtida Pratishthan. This Agreement represents a binding agreement between you and Kirtida Pratishthan and applies to all visitors, users, and others who access the Service (“Users”, “You”).

Please read the following terms and conditions very carefully as your use of service is subject to your acceptance of and compliance with the following terms and conditions.

Kirtida Pratishthan is not providing an alternative to medical advice.

Our Website, Application, if any and Content are for informational purposes only. Any information provided through our Website, Application, if any, or Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The Services provided by us is exclusively available to the clients above 18 years of age. We may also ask for your Age proof for cross verification of your adulthood.  

You are solely responsible for the suggestions provided to you, making sure that is safe. Never perform any activity or exercise that you believe that might not be developmentally suitable to do. If you have any doubt about any activity or exercise, ask a healthcare professional before performing it.

Any guidance regarding the advancement, growth, or your capability to engage in exercises or activities as provided by our Website, Application, or Content is intended to be suggestive in nature. It is acknowledged that determining the precise developmental trajectory of every individual is impractical, as each person evolves at a unique pace and manner. Consequently, you bear full responsibility for evaluating your developmental journey and assessing the appropriateness and safety of engaging in any recommended activities and exercises.

Should you suspect any developmental delays or health concerns, it is imperative that you promptly seek guidance from a qualified physician or appropriate professional.

You are solely responsible to determine whether you or your child is physically or mentally able to perform any of the exercises or activities suggested in our Website, Application or Content. We strongly urge you to consult a doctor or appropriate healthcare provider before using any information obtained in our Website, Application or Content, especially if you or your child has a special medical condition.

You bear the sole responsibility for assessing whether you or your child necessitates treatment from a certified healthcare professional. In the event that you or your child exhibits any irregular physical, mental, emotional, or behavioral reactions while engaging in any activity or exercise recommended on our Website, Application, or Content, it is imperative to cease immediately and seek consultation from a medical professional. Refrain from resuming any suggested activities or exercises until receiving explicit approval from your or your child’s healthcare provider. Under no circumstances should you disregard professional medical advice or postpone seeking it for any reason.

Please note that the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, “Information”) that may be available on developmental activities of children, milestones set and nutritional advice so provided (including information provided in direct response to your questions or postings) should not be treated as medical advice. The information on the Parenting is provided without any representations or warranties, express or implied. You must not rely on the information as an alternative to medical advice from your doctor or other professional healthcare providers. If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare providers. The Developmental and nutritional Services includes interactive features that allow users to communicate with us. You acknowledge that because of the limited nature of communication through the interactive features, any assistance you may receive using any such features is likely to be incomplete or not appropriate for your condition. Despite our efforts to provide useful and accurate information, errors may appear from time to time. As health and nutrition research continuously evolves, we do not guarantee the accuracy, completeness, or timeliness of any information presented.

SUBSCRIPTION AND MEMBERSHIP

Use of the Kirtida Pratishthan app/link is available only to persons who can form legally binding contracts under applicable law. Persons who are "below 18 years of age" or  “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, etc. are not eligible to use the services. The services availed by a person through Kirtida Pratishthan shall be deemed to be competent to contract.

Kirtida Pratishthan reserves the right to terminate your membership/subscription and refuse to provide you with access to the app if Kirtida Pratishthan discovers that you are under the age of 18 years. Those who choose to access this app from outside India are responsible for compliance with local laws if and to the extent local laws are applicable. Kirtida Pratishthan memberships are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

Unless otherwise stated these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of Kirtida Pratishthan you agree to be bound by the Terms and Conditions.

MODIFICATIONS

Kirtida Pratishthan reserves the right at all times to discontinue or modify the Terms of Use and/or our Privacy Policy as we deem necessary or desirable without any prior notification. Any such modifications would be effective immediately and there shall not be any liability. We suggest that you read our Terms and Conditions and Privacy policy from time to time to stay informed. Any use of the app after such modifications would be deemed to constitute acceptance of the modified terms by the End User.

REGISTRATION

Your Kirtida Pratishthan account gives you access to content and functionality that we may establish, maintain, change, remove, or terminate from time to time and at our sole discretion. By connecting to our application directly or through a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your login credentials.

It is your responsibility to keep the details of the account and password confidential, and you agree to accept responsibility for all activities that occur under Your Account or Password. Kirtida Pratishthan shall not be liable to any person for any loss or damage which may arise as a result of any failure by the user to protect the account details or the password. In case of any suspected breach please contact us immediately through the contact us link on our website. If Kirtida Pratishthan has reason to believe that there is likely to be a breach of security or misuse of the Kirtida Pratishthan app, we may require you to change your password or we may suspend your account without any liability to Kirtida Pratishthan.

You also agree to: 

1. Provide true, accurate, current, and complete information about yourself and your child as prompted by Kirtida Pratishthan app during the registration process (such information being the “Registration Data”)

2. Maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current or if Kirtida Pratishthan has reasonable grounds to suspect that such information is untrue, inaccurate, not current or not in accordance with the User Agreement, Kirtida Pratishthan will have the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the app.

3. Any information provided by you shall be kept confidential by Kirtida Pratishthan, and shall be subject to applicable Data Privacy laws in existence as amended from time to time.

4. Provide consent for the processing of your or your child’s personal data for the purpose of providing and improving the services of Kirtida Pratishthan and for analytics purposes.

5. You must notify us immediately of any breach of security or unauthorized use of your account. Although we will not be liable for any losses caused by unauthorized use of your account, you may be liable for the losses to us or others due to such unauthorized use.

6. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.

7. You may not enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person or use as a User ID, a name subject to any rights of another person without appropriate authorization. We reserve the right to refuse registration of, or cancel a User ID in its discretion.

PRICING INFORMATION

Some of the Services provided by Kirtida Pratishthan require you to pay a consideration to Kirtida Pratishthan; in such cases, you agree to pay the amounts indicated. Our payment terms shall be in accordance with the services rendered from time to time. The payment of the consideration that You agree to pay to Kirtida Pratishthan does not entail a transfer of ownership with respect to the Contents. All Content and Kirtida Pratishthan Algorithm shall remain the property of the Organisation. 

We reserve the right to recover any outstanding consideration due from you. In such circumstances, you shall be liable to Kirtida Pratishthan for payment of all administrative and trial costs resulting therefrom.

You may purchase a subscription to the Services or any of the Applications as a gift to others. The subscription and payment give the user access to the Service at issue, for the period of time referred to in the gift certificate. Gift certificates cannot be exchanged for cash or credit, save and except where required by law. Subscriptions do not begin until they are activated and have a 30-days activation period. There is no associated cost to redeem the subscription. Once payment has been made, there are no returns on gifts.

Kirtida Pratishthan may discontinue the Services it provides to you in the event of non-payment of any consideration due to Kirtida Pratishthan, without relieving you of your payment obligation. Kirtida Pratishthan may also discontinue the services with 30 days’ notice in case of a liquidation, discontinuation of business, or bankruptcy proceedings.

In the event that you make a chargeback with your credit or debit card issuing institution in respect of any amount paid to Kirtida Pratishthan, you agree to pay Kirtida Pratishthan  the amount of the chargeback, plus any damages and administrative expenses related to the foregoing.

If you use a false credit or debit card, or any means of payment, using false or other person’s information without his/her authorization, Kirtida Pratishthan may discontinue the Services provided to you, without you being released from your payment obligation to Kirtida Pratishthan.

CANCELLATION 

You are required to initiate cancellation on the medium of subscription, and cancel in accordance with the procedures set forth in those platforms. Prepaid services shall not be cancellable, and amounts shall not be refunded.

Both the Customer and Kirtida Pratishthan have the right to terminate any service agreement for any reason, including termination of services already in progress. Refunds shall not be offered when a service is deemed to have commenced and is, to all intents and purposes, in progress. You may contact our customer service team at: info@kirtidapratishthan.in for any queries.

TERMINATION

We may terminate this Agreement at any time. Without limiting the foregoing, we shall have the right to terminate any account of End User in the event of any conduct by End User which we, in our sole discretion, consider being unacceptable, or in the event of any breach by End User of this Agreement. Our right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the Services already ordered from the Site or affect any liability that may have arisen under this agreement.

USER CONDUCT

You Agree and Confirm: 

1. That you will use the services provided by Kirtida Pratishthan, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using the Site and transacting on the Site.

2. You will provide true, accurate, complete and current information in all instances where such information is requested of you. Kirtida Pratishthan reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), Kirtida Pratishthan has the right in its sole discretion to reject the registration and debar you from using the Services of Kirtida Pratishthan and / or other affiliated websites without prior intimation whatsoever.

3. That you use your best and prudent judgment before entering into any transaction through this Website/app and are doing so at your sole risk. There is no undue influence or coercion placed upon you for using such services or accepting such terms of use.

4. You acknowledge that: (1) we permit access to content that is protected by copyrights, trademarks, patents and other intellectual and proprietary rights (“Intellectual Property Rights”) and; (2) this Agreement and applicable copyright, trademark and other laws govern your use of such content.

5. Our Website, Application or Content and all Intellectual Property Rights related thereto are the exclusive property of Kirtida Pratishthan. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from any Kirtida Pratishthan Website, Application or Content. Use of our Website, Application or Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

6. Your use of the Website, Application or Content is limited to personal, non-commercial purposes. Your commercial exploitation of the Website, Application or Content is strictly prohibited unless we grant prior written permission.

YOU SHALL NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:

· Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.

· Transmitting material that encourages conduct that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offense. Gaining unauthorized access to other electronic systems.

· Gaining unauthorized access to other electronic systems.

· Interfering with any other person’s use or enjoyment of the app.

· Breaching any applicable laws

· Interfering or disrupting networks or sites connected to the app.

· Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner. Design details and Colours.

COMMUNICATIONS

When accessing the Kirtida Pratishthan Website or app, you will be prompted to “allow notifications from this source” as this is our method of communicating service-related information to you. If necessary, you can disable this feature through your phone settings. Additionally, we may opt to communicate with you via email. By using our services, you consent to receive all notices, agreements, and other communications from us electronically, thereby fulfilling any legal requirement for written communication.

DISCLOSURE OF ACCOUNT INFORMATION

1. Any personal data (for example name, address, telephone number, or e-mail address) that you transmit through this site will be governed by Kirtida Pratishthan Privacy Policy and applicable Data Privacy laws, which is hereby incorporated into these Terms and Conditions by reference.

2. You authorize our Data Privacy Officer (DPO) to disclose necessary information that you have provided to third parties or information that DPO has obtained about your Account:

· to agents of DPO or its affiliates, such as independent auditors, consultants or attorneys;

· to comply with government agency or court orders or requests; or

· where it is necessary for fulfillment with third-party suppliers.

3. By using the service provided in Kirtida Pratishthan website/app, you authorize DPO to share personal information about you, including but not limited to your e-mail address, full name and address.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Kirtida Pratishthan, its employees, directors, officers, agents and their successors and assigns from 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 your actions or inactions, which may result in any loss or liability to us or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.

LIMITATION OF LIABILITY

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the amount paid or payable for the services provided to you under this Agreement.

In no event shall Kirtida Pratishthan, its proprietors, affiliates, group companies, associated entities, officers, directors, employees, consultants, or agents, be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind including but not limited to loss of profits, business interruption and/or loss of information or data whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our website, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our website, (iv) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our website by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Organisation is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

You specifically acknowledge that Kirtida Pratishthan shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.

DISCLAIMERS

We do not provide any express or implied warranties or representations regarding any developmental activities or advice offered as part of our services. This includes any guidance or suggested developmental activities, and excludes warranties of fitness, merchantability, or any implied warranties arising from usage or performance. Furthermore, we do not guarantee uninterrupted or error-free operation of the Kirtida Pratishthan website and/or app, and we shall not be held responsible for any consequences resulting from interruptions or errors.

While the views, opinions, and positions presented as part of our services are provided by experts, they are not guaranteed. We assume no liability for any errors, omissions, or representations. We do not endorse or take responsibility for the content or accuracy of any third-party resources, nor for any losses or damages resulting from their use or failure. We recommend these resources on an “as is” basis. When utilizing third-party resources, you are bound by their terms and licenses, and no longer protected by our privacy policy or security practices, which may differ. It is your responsibility to review and understand the terms, privacy policies, and security practices of third-party resources, which will govern your usage.

COPYRIGHT & TRADEMARK

Everything located on or in this Site, including the Microsites, is our exclusive property and can be used with the express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT OUR EXPRESS WRITTEN PERMISSION OF www.KirtidaPratishthan.in IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the End User to civil and/or criminal penalties.

NO OBLIGATION TO PRE-SCREEN USER CONTENT

Kirtida Pratishthan does not have any obligation to pre-screen, edit, or remove any information provided by Users that is posted on or made available through the Website and/or app. However, Kirtida Pratishthan will have the right (but not the obligation), in its sole discretion and for any reason, to pre-screen, edit, refuse to accept, remove, or move any such Content.

The opinions, viewpoints, and stances, including any content presented herein, are exclusively those of the author. The accuracy, entirety, and validity of any assertions made in this document are not assured. We disclaim any responsibility for errors, exclusions, or misrepresentations. The author retains full responsibility for the intellectual property rights associated with this content, and any liability regarding infringement of intellectual property rights remains with the author.

This publication may contain hyperlinks directing to third-party content or imagery. By accessing such links, you acknowledge and accept that we do not endorse or assume responsibility for any advertisements, products, or resources offered by these third-party entities or websites. The intellectual property rights pertaining to third-party images/content do not pertain to us. These hyperlinks are provided for informational and convenience purposes solely, and do not constitute an endorsement by us of the content provided by linked websites or third-party entities. We have no authority over the content or availability of any linked website, and thus bear no responsibility for their content, accuracy, or availability. Consequently, we disclaim any liability for any losses or damages resulting from the utilization of, or failure of, products or services provided by or through third-party resources. These resources are recommended on an “as is” basis.

When utilizing a third-party resource, you are subject to its terms, conditions, and licenses, and are no longer protected by our privacy policy or security measures, which may differ from those of the third-party resource. It is your responsibility to acquaint yourself with the license terms, usage terms, privacy policies, and security practices of the third-party resource, which will govern your interactions with said resource.

COLLECTION, STORAGE AND SHARING OF PERSONAL DATA

We shall provide you with the facility to store your data in your account (the “Data Storage Services”). The data stored through the Program may include registration data, any other information uploaded by you, history of your activities on the Program, your and/ or your child’s diet and health records (the “Data”), etc.

In the course of delivering services on the website to you, we do not collect any personally-identifiable information about you, such as your name, address, phone number or email without your knowledge.

If you have any questions or concerns regarding this matter, please feel free to contact us.

Kirtida Pratishthan has the right, but not the obligation to monitor and edit or remove any content posted by you as your communication. However, we reserve the right, but have no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) which we, in our sole discretion, deems inappropriate, offensive or contrary to any of our policy, or that violate these terms.

The Data shall be provided and stored on an “as-is” basis which is at your sole risk and responsibility, and we do not validate the said information. We have the right to access the Data for any purpose whatsoever including for operational and technical purposes. The treatment of the Data by the Organisation shall be as provided under the Privacy policy.

Although we try to take all possible care to protect your data, the Organisation should not be held liable in case of any loss of data or discrepancy of data. We request you to highlight any such instance via email so that we can take appropriate measures to help you with the same.

We make no representation and are not responsible for the accuracy or completeness of the Data under the Data Storage Services. Further, we shall not be liable for any content, fact, data, diagnosis or language used in the Data. It is clarified that you shall be solely responsible and liable for the Data.

By subscribing to this Program, you agree, accept and allow us to share and transfer your personal information with any third party solely for the purpose of this Program. You agree and allow us to save your personal information as long as it will be required under this Program.

MAINTENANCE

Because of the nature of the Internet, we might have to carry out system maintenance and/or upgrading and/or testing and/or repairs and/or other related work (the “Maintenance”). We may at our sole discretion and without assigning any reason whatsoever at any time deactivate and/or suspend the User’s access to Kirtida Pratishthan site and/or app and/or the Services (as the case may be) without notice to carry out Maintenance. Without prejudice to any other provisions of this Agreement, we shall not be liable for any loss and/or damage and/or costs and/or expense that the User may suffer or incur, as a result of such deactivation and/or suspension.

DELAY IN SERVICES DUE TO FORCE MAJEURE

Kirtida Pratishthan shall not be liable for any loss or liability resulting, directly or indirectly, from delays or interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, weather, strikes, walkouts, fire, acts of God, riots, armed conflicts, acts of war, or other like causes. The Website shall have no responsibility to provide you access to the Website while interruption of the Website is due to any such cause shall continue.

MODIFICATION OF TERMS & CONDITIONS OF SERVICE

Kirtida Pratishthan reserves the right to make changes to our Terms of Use and/or our Privacy Policy (which is incorporated herein by reference) at our sole discretion and you may not be notified. We suggest to you, therefore, that you re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. You have accepted the Agreement as amended if you continue to use any of Kirtida Pratishthan’s Services after any amendments are posted on our Website.

DISPUTES

Any dispute relating in any way arising out of or in connection with this Agreement will be subject to the jurisdiction of the court of Nasik, Maharashtra, and you hereby consent to exclusive jurisdiction and venue in those courts.

Miscellaneous

This Agreement will be governed by the laws of the Indian Republic and the state of Maharashtra, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The specific section on cancellation and refunds is found under the “CANCELLATION” heading in the terms and conditions:

• Cancellation Process: You are required to initiate cancellation on the medium of subscription, such as the platform where you subscribed, and follow the procedures set forth by those platforms. This means if you subscribed through an app or website, you need to cancel through that same system.
• Prepaid Services: Prepaid services are explicitly stated as not cancellable, and amounts shall not be refunded. This implies that once you pay for a service in advance, you cannot cancel it and get your money back.
• Termination Rights: Both the customer and Kirtida Pratishthan have the right to terminate any service agreement for any reason, including termination of services already in progress. This gives flexibility to end the agreement, but it doesn’t guarantee a refund.
• Refund Conditions: Refunds shall not be offered when a service is deemed to have commenced and is, to all intents and purposes, in progress. This means if the service has started, you won’t get a refund, regardless of the reason for cancellation.
• Customer Service Contact: For any queries related to cancellation or refunds, you may contact their customer service team at info@kirtidapratishthan.in.

Additionally, the “TERMINATION” section provides related information:

• Kirtida Pratishthan can terminate the agreement at any time, especially for unacceptable conduct or breaches, and this doesn’t cancel your obligation to pay for services already ordered. This reinforces that payment obligations remain even after termination, aligning with the no-refund policy for started services.
• The “PRICING INFORMATION” section mentions that Kirtida Pratishthan may discontinue services for non-payment without relieving you of the payment obligation, and may give 30 days’ notice for business closure, but doesn’t directly address refunds beyond the cancellation policy.