The Platform (defined below) is owned and operated by PROPELLER SOLUTIONS PRIVATE LIMITED, a company incorporated under the provisions of Companies Act, 2013 with its registered office at E-105, Brigade Metropolis, Garudacharpalya, Mahadevapura, Bangalore, Karnataka 560048, India. In addition, whenever you (defined below) use any current or future services, you will be subject to these Terms of Service (“ToS”).
“Account” shall mean the account created by a User as per Section 3 of the ToS which enables the User to access and use the Services provided on the Platform.
“Platform” shall mean the website available at https://birdfin.app and Birdfin application available at Google Playstore or Apple store through which the Services are provided to the Users.
"Company," "we," "us,” “our", “Birdfin” shall mean PROPELLER SOLUTIONS PRIVATE LIMITED and shall include its subsidiaries, affiliates and group companies.
"Content" shall mean and includes, without limitation, any information, data (including but not limited to any visual data), text, reports, blogs, User profiles, software, tags, graphics, scripts, photos, videos and interactive features generated, provided, or otherwise made accessible either by you or by us or our partners or sponsors on or through the service. features generated, provided, or otherwise made accessible either by you or by us or our partners or sponsors on or through the service.
“Intellectual Property” means patents, trademarks, service marks, design rights copyrights, know-how and other similar rights or obligations held by the Us, whether registerable or not.
"Service(s)" shall mean such services provided through the Platformwhich includes enabling a legal guardian to incentivise their child through Crystals (as defined below) on completion of certain tasks and chores. Notwithstanding anything contained here the services may change from time to time, at the sole discretion of the Company.
“You” or “User(s)” shall mean any end user who has completed the Account registration process, as described under Account registration below. Unless repugnant to the context thereof, the term “User” shall also include any casual visitor of the Platform.
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THIS TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
The Company reserves the right, in its sole discretion, to modify or replace all or any part of the ToS, or change, suspend, or discontinue all or any part of the Services at any time by posting a notice on the Platform. Your continued use of the Platform following the changes to the ToS constitutes acceptance of those changes.
In order to access and use the Platform or register a Birdfin Account You must be an individual and should be at least 18 years old and should be competent to get into contracts in accordance with the Indian Contact Act, 1872. Childabove5 years may still use the Platform only with the involvement of a legal guardian.
When You use the Platform, you will first be asked to create an Account with us. As part of the registration process/for creating your Account, You will need to provide us with the following information such as your first name, last name, mobile number, and email address. Further, the User can also create an Account by using social networking platforms including but not limited to twitter,facebook,snapchat, and google.
A legal guardian (who is also a User as per this terms of service) of a child above 5years, can register the child for use of the Services by providing the details of the child such as child’s full name, date of birth, mobile number, email id of the child. These details are to be explicitly filled by the legal guardian only. Any detail of the child that is provided on this Platform shall be considered to be provided by the legal guardian of the child. After an Account has been setup for the child, a url is generated by the Platform which the legal guardianmay provide to the child to the use the Services.
Any information shared by the User on the Platform may be shared with other third parties to ensure that the Services are rendered efficiently.It is the responsibility of the User to ensure that the information provided is accurate, secure, valid, up-to-date and not misleading. The User shall be solely liable for any information that is uploaded using the User’s Account and the User agrees to fully indemnify and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/JV partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees. The User shall not create a username using (i) the names and information of another person; or (ii) using words that are the trademarks or the property of another party (including ours); or (iii) words that are vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any Account in breach of the above conditions.
The User shall ensure the security of the Account. The User shall immediately notify Birdfinin writing of any unauthorized use of his/her Account, or any other Account-related security breach upon the same being noticed.It is the sole responsibility of the legal guardian that the details of the child are completely secure. Further, the legal guardian shall inform the child about how to keep his/ her details secure and not to divulge the details to any third party.
You can access the Platform through your Account maintained in the Platform. The Account is provided on an ‘as-is’ basis. While Birdfinstrives to maintain the highest levels of Platform availability, Birdfin shall not be liable for any interruption that may be caused to the User’s access of the Services or to his/her registered Account on the Platform.
You agree to: (1) choose a strong and secure password (2) keep your password secure and confidential; and (3)be solely responsible for anything that happens through the BirdfinAccount.
Our Services allow messaging and sharing of information in many ways, which includes sharing the profile details, sending direct messages to the other Users, and publishing photos and videos on the Platform. Information and content that You share or post may be seen by other Users on the Platform. We have made certain privacy settings available to all Users and we will honour the choices You make about who can see your content or information. However, it is advisable that the Users use such privacy settings in a manner which suits their preferences while using the Platform. The legal guardian shall at all times protect the privacy of the child.
We are not obligated to publish any information or content on our Platform and can remove it in our sole discretion, with or without notice.
The Platform allows services as follows: A legal guardiancan allot a number of points called Crystals which are awarded to a child on completion of chores/ tasks set by the legal guardian. It shall be at the discretion of the legal guardian to decide the value of each Crystal and how he wishes to pay his child. At the end of the month child will have an option to encash these Crystalsand such amount can by utilised by the child in the following manner: (a) save such amount in a bank account; (b) donate the money to the registered partners of Birdfin; and (c) buy products on the e-commerce platforms which are partnered with Birdfin.
Further, only such children are allowed to open and operate a bank who have complied with the rules and regulation laid down under the applicable law from time to time.
As a condition of use, You promise not to use the Platform or the Service for any purpose that is prohibited by the ToS or other rules or policies implemented by Birdfinfrom time to time or any other applicable law.
To ensure the discussions on the Platform help our Users to be more productive Birdfinhas put in place a set of guidelines outlining the activities that are acceptable on the Platform, and what is inappropriate. These guidelines are intended to provide guidance and restrictions governing the use of, and participation in, our Services.
In addition to the guidelines mentioned above, You shall not display, download, modify, publish, transmit, update or share any information that You receive as a part of Services being offered to You and You shall not (and shall not permit any third party to) take any action that: (i) would constitute a violation of any applicable law, rule or regulation; (ii) infringes any Intellectual Property or other right of any other person or entity; (iii) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) impersonates any person or entity, (v) harm minors in any way, (vi) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature, (vii) 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, or (viii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
Birdfin reserves the right to remove any Content (including your profile) from the Platform at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content via the report/spam button, or if Birdfinis concerned that You may have violated the Terms of Service), with or without notice to the User/Users.
Birdfin hereby grants You permission to access and use the Service as set forth in these ToS provided You shall not (directly or indirectly):
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor
any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password mining or any other illegitimate means.
You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, including any account on the Platform not owned by You, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
The Company shall, upon obtaining knowledge by itself or been brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for production to governmental authorities for investigation purposes.
You understand and acknowledge that:
You should only provide content and information that is your own or have the right to use. We do not claim ownership of your content. Instead, when you share any content on the Platform, You hereby grant to us a non-exclusive, royalty-free, transferable,
sub-licensable, perpetual worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content.
We reserve the right to maintain, delete or destroy all information, Content and materials uploaded on the Platform pursuant to our internal record retention and/or destruction policies, upon reasonable notice provided to You. We may make use of third party cloud services provider or our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User data to be permanently deleted, irretrievable, or temporarily inaccessible.
Birdfin may provide Users with links to, or contact information for, third party sites or services. Birdfin is not responsible for, and does not endorse, any third-party content, sites, or services mentioned on the Platform. For example: we may use data from third-party partners, to show You ads, offers, and other sponsored content that we believe will be meaningful to You. And we try to make that content as relevant as all your other experiences on Birdfin. It is hereby stated that Company shall in no way be responsible for any acts or omissions of third parties whom the User may connect with through a mechanism facilitated by the Company. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User’s own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party Users/vendors.
Birdfin owns the title over all the Intellectual Property on the Platform (except your personally identifiable information). No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without Birdfin’s express permission. You are hereby given a limited licence to use the Platform, subject to your agreement of these Terms.
When You upload, submit, store, send or receive content that may include feedback, videos to or through our Platform, You give Birdfin a worldwide, perpetual license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights You grant in this license are for the limited purpose of operating, promoting, and improving the Platform, and to develop new ones. Notwithstanding anything contained herein, You hereby release Us from any liability which may arise as a cause of You publishing any content on the Platform including but not limited to videos.
The Platform provides You with multiple automatic alerts and notifications. You understand and agree that any alerts provided to You through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely
manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery
of any alert; for any errors in the content of an alert; or for any actions taken or not taken by You or any third party in reliance on an alert.
Further, in the process You agree that we may contact You through telephone, email, SMS, or any other means of communication for the purpose of:
(a). Obtaining feedback in relation to Platform or our Services;
(b). Obtaining feedback in relation to any other User of the Platform;
(c). Resolving any complaints, information, or queries by other Users regarding your Critical Content; or
(d). For sending promotional and marketing messages.
By submitting suggestions or other feedback regarding our Services or Platform to Birdfin, You agree that Birdfin can use and share such feedback for any purpose without compensation to You and Birdfin is under no obligation to such feedback confidential.
We authorise the User to view the Content available on or from the Platform only. User shall not modify our Content or reproduce, display, publicly perform, distribute, or otherwise use our Content in any way for any public or commercial purpose or for personal gain.
We ensure easy access to the Users by providing a tool to update your profile information upon registration. We reserve the right to moderate the changes or updates requested by You, and we shall take the independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. The ownership of the User profile vests with the User. However, the ownership of all the Content, except User profile belongs to the Company.
Birdfin offers email-based and online support tools. You may access support resources or contact our support by emailing at [ ]. The Company does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems You may be having. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The Company reserves the right to suspend or terminate your access to the Platform and the Services with or without notice and to exercise any other remedy available under law including but not limited to in cases where:
(i). You are in breach of any of the terms and conditions contained herein,
(ii). The Company is unable to verify or authenticate any information provided to Company by You,
(iii). The Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such User, or
(iv). The Company believes in its sole discretion that User’s actions may cause legal liability for such User, other Users or for Company, or are contrary to the interests of the Platform.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account, or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the ToS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE COMPANY AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS; (E) THE PLATFORM, WORK PRODUCT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS TERMS OF SERVICE SHALL BE FREE FROM DEFECTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
We shall be not be responsible for delays or failures in performance of the Platform or the services provided resulting from labour conflicts, industry wide shortages of labour or material, acts of war or civil disruption, governmental action, acts of God and other natural disasters which is beyond the reasonable control of Us.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates’/subsidiaries/JV partners’ employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service or the Platform, or (ii) your violation of the ToS or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by You, in which event you will assist and cooperate with us in connection therewith and bear the expenses or reimburse the Company with the reasonable attorney fees and court fees.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (NOR ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICE (III) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES. NOTWITHSTANDING ANYTHING CONTAINED HEREIN BIRDFIN’S TOTAL LIABILITY UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, BREACH OF WARRANTY OR ANY OTHER LEGAL OR EQUITABLE THEORY, SHALL NOT EXCEED INR 1,000/- (RUPEES ONE THOUSAND ONLY).
This ToS shall be governed by and construed in accordance with the laws of India without regard to the conflict of laws provisions thereof. All claims, differences and disputes arising under or in connection with or in relation hereto the Platform or Services, the terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts at Bangalore and You hereby accede to and accept the jurisdiction of such courts.
Last updated: 29th May 2020