Welcome to Nerdbird! Come discover the most amazing learning experiences for your children, with a promise of safety and quality.
Please read these Terms carefully and do feel free contact us on email@example.com if there are any questions or the User requires any help. We reserve the right to edit the present Terms at any time with or without prior notification to the User. Each time a User accesses Services, he/she shall be deemed to have accepted the latest and the then-in-force Terms.
User may use our Services only in compliance with these Terms and all applicable laws.
Upon accessing and availing any Service from our website, the User (either directly or through a parent or local guardian) shall be deemed to have accepted these Terms and entered into a legally binding and enforceable contract with us in accordance with the Indian Contract Act, 1872. For creating the User Account, and for using certain features of the website, the User should provide us with true, accurate and complete information such as his/her name, valid e-mail address; and agree to update such information from time to time, so as to keep it accurate and complete all throughout the duration of the Services.
Any use of the website or access to the Services by any person under the age of 18 years, without supervision from a parent, guardian or family member, for creating the User Account and availing Services, is prohibited. By creating a User Account, the User confirms that he/she is either at least 18 years of age or has created the User Account under the supervision and consent of his/her parent, guardian or family member. All Services offered and rendered by us are on the implied assumption that the User is competent to contract under the Indian Contract Act, 1872 and other applicable laws governing the User’s electronic acceptance to these Terms.
User acknowledges that our website, Services, Application, any underlying technology used in connection with the Application and Services, including but not limited to all softwares, information, course, data, lessons, modules, test papers, score sheets, results, analytics, third party data, communications, text, graphics, links, electronic art, animations, audios, videos, photos, and other data (including User score sheet, lesson, test results, and such material) (collectively called the “Content”) available or accessible on the Application and/or website is provided by us or third party providers who are the owners thereof and are the respective copyrighted works of such third parties and/or us. Except as expressly authorized by us or such third parties in these Terms or any updates thereof, the User may not copy, reproduce, publish, distribute, modify, create derivative works of, display, compile or collect in a database, or in any manner commercially exploit any part of the Content, in whole or in part.
User hereby agrees that he/she shall not make any unauthorized modifications or edits to any Content, except for such modification, as may be expressly provided by us or the third party providers. User further acknowledges that we and/or the third party providers are the owners of the Content and the intellectual property rights in such Content and that the User does not acquire any intellectual property rights in such Content by downloading and saving it. In case of any unauthorized use of the Content by the User or any other person who received the Content from the User, the User hereby warrants and agrees to indemnify us at all times, even if the User is no longer availing Services. Notwithstanding anything contained herein, we reserve the right to seek damages and other remedies permissible under applicable law for any unauthorized use of the Content.
We will use reasonable efforts to make the website available at all times. However, the User acknowledges that the Services may not be available due to reasons outside our control such as, without limitation, while upgrading the website, limited Internet or connectivity due to the services rendered by Mobile Service Provider, etc. In such an event, the User shall not hold us liable, including but not limited for any direct or indirect loss.
User agrees to indemnify us and hold us harmless, including our affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third-party claims, losses, liabilities, legal costs, compensation and damages arising from his/her/its access to or use of the Services, violation of this Agreement, or the infringement by any other User of his/her/its account, of any intellectual property or other right of any person or entity. We shall notify the User promptly of any such claim, loss, liability, or demand.
We may terminate or suspend access to the website or the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, for any breach of the Terms. User may discontinue his/her access to the website and the Services at any time.
The present Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by single arbitrator mutually appointed by the User and us. In case the parties cannot mutually nominate an arbitrator, the arbitrator’s appointment shall be governed in accordance with the Arbitration & Conciliation Act, 1996. All arbitration costs shall be equally borne by the User and us. The seat of arbitration shall be Bangalore and all proceedings shall be conducted in English.
In case of non-compliance of these Terms, we reserve the right to take necessary action including but not limiting to termination of the Terms, and appropriate legal actions. Our failure to enforce any right or provision under these Terms will not be considered as waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable, the remaining clauses of these Terms will continue to be binding and remain in effect. These Terms constitute the entire agreement between the User and us regarding use of the Application and the Services, and supersede and replace any prior agreements we might have with the User.
To the maximum extent permitted by law, we hereby disclaim all implied warranties with regard to the Application, the Content and the Services. The Application, its underlying software and the Content are provided “as is” and “as available” without representation and warranty of any kind.
The website may be linked to third parties, affiliates, sponsors and other business partners. We have no control over, and are not liable or responsible for the content, accuracy, validity, reliability, quality of such websites as redirected or made available by/through the Application. Inclusion of any link on the website does not imply that we endorse the linked site. User may use the links and these services at User’s own discretion & risk.
We assume no responsibility, and shall not be liable for, any damages caused by viruses, trojans or other forms of malware, adware & other malicious programs that may infect User’s computer system or mobile handset. If a User is dissatisfied with the Services, User’s sole remedy is to discontinue using the Services.
If the User has any question, issue, complaint or feedback regarding any of our Services, please contact our customer service firstname.lastname@example.org