This website http://mylifemykids.com/ (“Website”) and the mobile application My Life My Kids (“App”) are owned and operated by XLPXL IT Solutions Private Limited ("Company").
The use of the Website and the App is only for individuals competent to contract as per applicable Indian laws (i.e. person above 18 years of age, and who is sound mind and is not disqualified from contracting by any law to which he/she is subject (“Eligible Person(s)”).
1 User Agreement
1.2 The words “we”, “us”, “our” including all their grammatical connotations as used herein shall unless repugnant to the context or meaning thereof, be and refer to the Company, shareholders of the Company, the employees, directors, affiliates, representative, sub-contractors, agents and associates of the Company and shall be deemed to mean and include the Company’s successors and assigns. Any person accessing the Website and App and/or availing of the services provided through the Website and App shall be referred to as the “User” and any references to the words “you”, “your”, “Mother(s)”, “Father(s)”, “Legal Guardian(s)”, “Client(s)” (as the case may be) shall mean and include the User.
1.5 The Company shall in its sole discretion have the right at any time and without prior notice to restrict, suspend, terminate, delete content or details of any User for any or all services of the Website/ App. Any such cases may be notified to the User as per the Company’s discretion.
2 Services provided through the Website
2.1 The Website and the App are designed to be utilised as a social networking platform enabling persons, especially mother or to be mothers, to monitor their habits, insert reminders, read information, and to exchange useful information with the individuals registered with the Website and App and to also connect individuals especially parents or to be parents through blogs, one to one chat, chat rooms and other social media platforms for exchange of information with respect to parenting and child care.
2.2 The individuals registered with the Website/App desirous of maintaining log, schedules, child care and receiving information on parenting and children are hereinafter referred to as "Clients".
The identified habits, schedules, description and other relevant details shall be specifically provided in the profile of such Client appearing on the Website/App. The Company may at its sole discretion modify the aforesaid categories of habits, schedules and description or introduce new categories and forms of or discontinue any services without any advance notice to you. The Client agrees and acknowledges that such profile of the Client may be visible to other users of the App who may then be able to contact the Client through the App.
2.3 Any individual/ entity uploading content, articles, information or any other details on child birth, parenting, child care or any other related information are hereinafter referred to as "Blogger(s)".
3 Registration and use
3.1 The User agrees that he/ she shall only register once and use a single User account at all times. In case the Company decides to delete the User profile or debar the User from use of the Website/ App for any reason whatsoever, the User shall not directly or indirectly enrol with the Website/ App again.
3.3 While registering on the Website/ App or using the services, you agree to provide true and correct information, which does not give the wrong impression or which impersonates any other person in any manner whatsoever and also undertake to revise and update the information in a timely manner. We request you to keep your sensitive personal information including the password of your User account or any financial information including but not limited to Payment Options strictly confidential.
3.4 The User shall not operate the Website/ App in any manner which will be prejudicial to or detrimental to the interests of the Company, any other User of the Website/ App or any other person or generally the public at large by engaging in illegal, inappropriate, unauthorised activities of any manner whatsoever including activities, tactics which may be insulting, offensive, defamatory, slanderous, libellous, vilifying, cause a threat to life or property or intruding the privacy of any other person. Any such prejudicial, detrimental or unauthorised use of the Website/ App shall immediately terminate the right of such User to use the Website/ App.
4 User Provided Content, Use of the Website and Restrictions
4.1 You are permitted to upload audio/ video files, data, texts, advises, responses, comments, letters, photos, articles, experiences, messages, posts, blogs, chat room conversations, bulletins, discussions forums, links or other similar form of media content for the purposes of maintain and sharing such content uploaded by Clients or the Bloggers ("User Provided Content"). You hereby expressly agree and understand intellectual property rights in the User Provided Content shall solely belong to the Company. The Company shall, at its sole discretion be entitled to display/ not display it on the Platform. If the Company decides to display the User Provided Content on the Platform, it will be in public domain. The Company will not require any further consent or sign from you for use of the User Provided Content. The Company will not be required to inform you as regards the use of User Provided Content.
4.2 The User expressly confirms that the User is entitled to upload the User Provided Content and that the User Provided Content does not infringe third party rights in any manner whatsoever. The User hereby expressly indemnifies the Company in case any violation of a third party right in any manner whatsoever.
4.3 You expressly agree that in consideration for the efforts and use of resources of the Company in maintaining, notifying and marinating content and also providing a platform to exchanges videos and other useful information as well as experiences of the Clients or their children through the Platform, you grant to the Company a worldwide, royalty-free, exclusive and perpetual right of the User Provided Content. The Company shall be entitled to assign, license, use, change, distribute, duplicate or deal with any User Provided Content, in whole or in part, or to incorporate it in other works in any manner whatsoever, for such purpose as the Company deem fit. By virtue of the assignment of the User Provided Content, you agree that the Company may publish or otherwise disclose your name in connection with your User Provided Content. Your assignment hereunder shall survive even if you delete your account on the Website/App or remove the User Provided Content from the Platform or otherwise stop accessing the Website/App. The Company is not required to or bound to delete the User Provided Content for any reason whatsoever.
4.4 You acknowledge that once the User Provided Content is uploaded or posted on the Platform it will be in public domain. The User must at all times refrain from disclosing or posting any personal information such as your contact details, financial information, credit or debit card details, email addresses in your User Provided Content. The Company shall not be responsible for any misuse of such personal information.
4.5 You agree and undertake that User Provided Content that you post on the Website/ App either on behalf of yourself or on behalf of a group/ couple/family or minor or child or anyone who is not an Eligible Person, shall not violate or be detrimental to the rights and interests of any other persons and shall not be unauthorised or illegal actions in any manner whatsoever.
4.6 The Users shall take the entire responsibility for the User Provided Content and the Company is not liable for any information, data, facts in the User Provided Content. The Company does not monitor or control the User Provided Content and does not guarantee, support or endorse the truthfulness, accuracy or reliability of the User Provided Content or endorse any experiences or opinions shared or expressed on the Platform.
4.7 The Users agree and acknowledge that the User Provided Content or any information or data uploaded by the Company is provided or displayed with the understanding that the neither the Company nor its representatives, employees or agents are doctors, nurses, medical counsellors, medical consultants, nutritionists, physician, therapists, medical experts, of engaged in any sector of medical field, child/parent psychology or any other professional field or advisory. The User Provided Content or any other content uploaded by the Company should not be used for any medical treatment, medical opinion, medical advice, health care advise, medical diagnosis or for any other treatment. It does not substitute for advice from a medical professional or any other professional, as the case may be. It is prudent to seek advice of your physician, doctor or any other healthcare expert providing services regarding any medical issues or treatment before taking any health related or medical decision.
4.8 You, as Client/Blogger shall not host, display, upload, modify, publish, transmit, update or share any information/ content on the Platform or in case you are a Blogger shall not offer any job or opportunity through the Website or App which would call for or require the Client or any other person to upload or share any information/ content that:
(a) belongs to another person and to which the User does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, hurts religious sentiment, 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;
(c) harm minors in any way;
(d) infringes any patent, trademark, copyright or other proprietary rights of any person;
(e) violates any law for the time being in force;
(f) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(g) impersonates another person;
(h) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(i) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation in any manner whatsoever;
4.10 The Company does not guarantee the authenticity, utility or credibility of any User Provided Content or personal information on the Website/App, and shall not be responsible for any actions that the Users may take as a result of using the Website/ App or having to access to User Provided Content on the Website/ App.
4.11 No advice or information, whether oral or written, obtained from or through the Company will create any warranty not expressly made herein.
4.12 You acknowledge and agree that the Company shall not be responsible for any inherent risks of using the services on the worldwide web or internet generally including phishing, hacking, corruption of data, piracy and the likes. You agree that by using the Website/ App, you assume all associated risks of using the Website/ App on the internet.
4.13 You acknowledge and agree that the Company may retain and disclose your information and User Provided Content that you provide if the Company is required to do so by law or if it believes in good faith that such access, preservation or disclosure is reasonably necessary for any reason that the Company deems fit.
4.14 Be aware that the Company does not undertake to pre-screen User Provided Content. However, the Company may periodically examine the information transmitted or received through the Website/App and deal with or modify such information transmitted or received through the Website/App as may be deemed necessary by the Company in accordance with reasonable security practices from time to time. The User shall be bound by any such actions or decisions of the Company.
4.15 The User shall be solely responsible for all User Provided Content that is made available by them via the Website/App and shall be liable for any injury, damage and consequences that may arise due to posting such User Provided Content. The Users are hereby advised to make all inquiries that they may deem necessary prior to availing any services or uploading any User Provided Content on the Website/App. The Company will not be liable to the User or any other person in any way for any costs or consequences due to the User Provided Content that is made available via the Website/App.
4.16 You as the Client or Blogger are expressly prohibited from soliciting or engaging in any illegal or immoral acts through the use of the Website/ App in any manner whatsoever.
4.17 You will not use any part of the Website/ App for any commercial activity whatsoever, or engage in any business, trade or vocation whether competing in nature in relation to the business of the Company or not without the prior written consent of the Company, including, for example, inserting your own or a third party's advertising, branding or promotional content, promoting a political party/ agenda, promoting a religion/ religious group, promoting a website or application competing with the Website/ App into the Website's/ App’s contents, materials or services or in the User Provided Content, in any manner whatsoever.
4.19 The manner of arrangement, working, operation of the Website/App its graphics, displays, interactive platforms, windows as available on the Website/App are the property and proprietary information of the Company and their operation, display shall be at the sole discretion of the Company.
4.20 You shall not hack or render useless or try to illegitimately gain admission into or corrupt any part of the Website/ App or any other records, computer, device, network, storage, system of the Company or any other of any other person (natural or artificial) through any means whatsoever.
4.21 The Company shall in its sole discretion be entitled to restrict/ limit the number of messages that Bloggers can send to the User or upload on the blog in order to ensure that the Website/ App is not misused for bulk/ spam messages in any manner whatsoever.
5 Disclaimers and Limitation of Liability
5.1 You acknowledge that the services provided on the Website/App or the User Provided Content may or may not meet your expectations. The Company does not assure or guarantee the Clients or the Bloggers that they would necessarily secure an optimum result or the advice be equivalent to a doctor’s advice.
5.2 You acknowledge and agree that the Website/ App is not intended to substitute parental monitoring or child care programs. The Users shall solely be responsible for any decisions made by them in regards to the child or before child birth. The Company hereby states that any decisions regarding parenting, pregnancy or child care should not be made solely on the basis of the information available on the Website/App.
5.3 The Company shall not be held liable for any and costs, claims, damages or injuries suffered by the User owing to use the Website/ App, in any manner whatsoever.
5.4 The Company shall endeavor to provide accurate and hassle free information to the Users of the Website/ App in an uninterrupted and secured manner, but the accuracy, reliability and security of the services, any descriptions, qualifications, abilities, performance or other attributes provided by any User Provided Content cannot be guaranteed and the you acknowledge that User Provided Content and other data/information on the Website/ App could have errors or may not be up to date, for which the Company cannot be held accountable or liable at any time.
5.5 The Company may undertake maintenance of the App or the Website, undertake actions interrupting use of the Website/ App, upgrade software, repair technical issues, modify the Website/ App, deal with any other circumstances beyond the Company’s control or delete, modify, or add any accounts on social media platforms from time to time, without any notification to the User. The User acknowledges and agrees that the aforestated circumstances may result in interruption of services on the Platform. The Users agrees to co-operate with the Company during such times.
5.7 The Company shall not be responsible for any loss of data or deletion of any User Provided Content or data that may have been provided by the User resulting from such interruption of service.
5.8 The Company shall not be responsible or liable for any loss or deficiency of any services availed through the Website/ App. The Users shall use the Website/ App at their own risk.
5.9 You acknowledge that the Company may as part of the features or services offered through the Website/App, display advertisements, promotions, offers, enrolments, provide links to third party websites with whom the Company may have a business or contractual relationship for which the Company may or may not receive monetary gain when the User engages with third parties through such advertisements, promotions, offers, enrolments. However, any engagement of the User with such third parties is entirely at the sole risk of the User as to costs and consequences. The Company has not examined or evaluated the content, accuracy, completeness, legality, decency, quality or any other aspect of such third party websites. The Company shall also not be responsible or liable in any manner for any losses suffered or costs incurred by the User arising out of or in relation to any such engagement with third parties or third party websites or any transaction that the User may enter into pursuant to use of the Website/App.
6 Intellectual property and proprietary information
6.1 The Company is legally entitled to use of trademarks, word marks, logos such as “My Life My Kids”. XLPXL IT Solutions Private Limited is the owner of the Website/ App, including but not limited to the, source code, object code, scripts, logos, design, graphics, button icons, arrangement and software. All content posted on the Website/App is either owned by the Company or irrevocably assigned to the Company. The User is not entitled to use the name, trademarks, proprietary information, logos or the intellectual property of the Company in any manner whatsoever.
6.2 Nothing contained on the Website/App should be construed as granting any licence or right to any User, to use any intellectual property belonging either to the Company and/or third party service provider associated with Website/App, in any manner whatsoever. Subject to what is stated in the paragraph above, any other material displayed on the Website/App that is capable of being protected as intellectual property shall be the property of the Company and nothing contained therein should be construed as granting any licence or right to the User to use any such material without the prior written permission of the Company.
6.3 You shall not, in any manner whatsoever –
• design, develop or engineer a website or application deceptively similar to the Website/ App:
• download, duplicate, copy, alter, modify any content or intellectual property on the Website/ App;
• publicise or use for commercial gain any content or intellectual property on the Website/ App; and
• any content or intellectual property on the Website/ App.
7 Commercial terms
7.1 The Company may, at its sole discretion, approach and offer any User to engage and avail the services Company to professionally manage their services on any digital, non-digital or any other platform and on such terms and conditions as may be mutually agreed between the Company and the User.
7.2 The Company may offer such promotional codes (“Coupons”) to the Users or to the potential users or subscribers of the Website/App as it deems fit from time to time for promotion for offering any specific benefits, offers, discounts, services. The Company reserves the right to offer or discontinue such Coupons subject to any additional terms and conditions as the Company may require with respect to each Coupon offered or discontinued at any time without any prior intimation of any sort for any or no reason without any liability on the Company whatsoever. Unless otherwise specified in the terms of conditions of the respective Coupon(s), the Coupons shall be (i) non-transferable, non-assignable, (ii) used only for the purpose specified. The Coupons shall not be sold, disposed, copied, circulated, exchanged for cash or redeemed for any purpose, other than the specified/ intended purpose. The Coupons may be valid for a specified time and restrictions on the number and manner of use. The Company may deny /withdraw/ cancel/ suspend any benefits/features/ services offered through the use of any Coupons at its sole discretion with any prior notice to any person.
7.3 The Company provides certain paid services on the Website/ App.
7.4 You will be required to make payments to the Company pursuant to the debit card/ credit card/ wallets/ gateways/ net-banking or similar means (“Payment Options”) available on the Website/ App. All the payment obligations shall not be cancellable and all payments made by the User shall not be refundable for any reason whatsoever.
7.5 The Company shall be entitled to change its pricing policies from time to time, without any prior notice to you.
7.6 The User hereby expressly states that he/ she is validly entitled to make payment to the Company via the Payment Options.
7.7 You agree and undertake to comply with the exchange control laws, foreign exchange control and any similar laws and regulations applicable to you while dealing with and making payments for availing the services of the Company.
7.8 Please be aware that all Payment Options are provided and maintained by third party service providers and the Company is neither privy to/ nor stores any information provided by the User at the time of making payment. Hence the Company is not liable or responsible for misuse of any information provided by the User at the time of making payment for the use of the services on the Website/ App.
7.9 The representatives of the Company will not ask for your credit/ debit card details such as the CVV number or bank account details, hence you should not share any such information. The Company shall not be liable for claim/ loss/ demand arising out of or in relation to any fraud relating to the Payment options in any manner whatsoever.
9 Equipment and Operation
You shall provide and maintain all telephone/ internet and other equipment necessary to access the Website/App and the costs of any such equipment and/or telephone/internet connections or use, including any applicable taxes, shall be borne solely by you. You are responsible for operating your own equipment used to access the Website/App.
The Company may communicate with the User by multiple mediums including but not limited to notices/ push notifications on the Website/App or notifications via e-mail, SMS, telephone calls or any other means of communication that the Company may deem fit. The User agrees to receive communications from the Company directly or indirectly or via any third party associated with the Company.
11 Dispute resolution
12 Governing law and Jurisdiction
No delay, forbearance or indulgence in exercising or omission to exercise any right, power or remedy accruing to the Company upon any default by the Users shall impair any such right, power or remedy or shall be construed to be a waiver thereof or any acquiescence to such default.
16 Entire agreement
19 Contact Details
For general questions/ support: email@example.com,
For Grievamce- : firstname.lastname@example.org,
Name: Aamod Thakur, Company: XLPXL IT SOLUTIONS PVT LTD, Address: 1001, Sanjona Chambers, BKSD Marg Opp. IIPS, Govandi East. Mumbai 400088.
Landline: +91 22 6455 6555