1. THE TERMS


2. GENERAL


3. SERVICES

4. ELIGIBILITY TO USE

5. USER ACCOUNT, PASSWORD, AND SECURITY

6. PRICING INFORMATION

7. USER OBLIGATIONS

8.USE OF MATERIALS

9. USAGE CONDUCT

10. INTELLECTUAL PROPERTY RIGHTS

11. DISCLAIMER OF WARRANTIES & LIABILITY

12. VIOLATION OF THE TERMS OF USE

  • 12.1. Pochemuchka may, in its sole discretion and without prior notice, terminate Your access to the Website if Pochemuchka determines that You have violated the Terms or Additional Terms or any other duty owed to Pochemuchka. Any violation by You of the Terms will constitute a breach, and will cause irreparable harm to Pochemuchka, for which monetary damages is likely to be inadequate, and You consent to Pochemuchka obtaining any injunctive or equitable relief that Pochemuchka deems necessary or appropriate. These remedies are in addition to any other remedies Pochemuchka may have at law or in equity.

13. TERMINATION

  • 13.1. The Terms will continue to apply until terminated by either You or Pochemuchka as set forth below. If You want to terminate Your agreement with Pochemuchka, You may do so by closing Your Account (if any). However, such termination shall not affect any rights and obligations that result from or resulted from, or are related to Your use of the Website prior to such termination, or any Product purchased by You or any Services availed by You prior to such termination.

  • 13.2. Pochemuchka may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:

    • 13.2.1. You breach any of the provisions of the Terms, the Privacy Policy or any other terms, conditions, or policies that may be applicable to You;

    • 13.2.2. Pochemuchka is required to do so by law (for example, where the sale of Products or provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority or enforcement /enactment of any laws or regulations);

    • 13.2.3. The sale of Products or provision of the Services to You by Pochemuchka is, in Pochemuchka's opinion, no longer commercially viable;

    • 13.2.4. Pochemuchka has elected to discontinue, with or without reason, access to the Website, providing of any the Services (or any part thereof) either in general or specifically to You;
      or

    • 13.2.5. For technical or any other reason, termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or providing any Services. Pochemuchka may also delete any content or other materials relating to Your use of the Website.

  • 13.3. Pochemuchka shall not be liable to You or any third party for any such termination.

  • 13.4. Termination or suspension shall not affect Your liability or obligation arising prior to such termination or suspension.

14. GOVERNING LAW

  • 14.1. The Terms and all transactions entered and the relationship between You and Pochemuchka and any mutual claims shall be governed in accordance with the laws of India without reference to any conflict of laws principles.

  • 14.2. All claims, differences and disputes arising under or in connection with or in relation to the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Mumbai, India and You hereby accede to and accept the jurisdiction of such courts.

15. REPORT ABUSE

  • In the event You come across any abuse or violation of the Terms or if You become aware of any objectionable Content on the Website, please report to care@cubmcpaws.com

16. PRIVACY POLICY

  • You confirm that you have read and fully understand the Privacy Policy of Pochemuchka in respect of the Website. You further consent that the terms and contents of such Privacy Policy are acceptable to You.

17. NEWSLETTERS AND COMMUNICATIONS

  • You hereby expressly agree to receive communications and newsletters from Pochemuchka by SMS and e-mails. You can unsubscribe / opt-out from receiving communications and newsletters from Pochemuchka at any time by following the procedure set forth in the newsletters.

18. GENERAL PROVISIONS

  • 18.1. Notice: All notices from Pochemuchka will be served by email to the account designated by you or by general notification on the Website. Any notice to be provided to Pochemuchka pursuant to the Terms should be sent to care@cubmcpaws.com

  • 18.2. Assignment: You cannot assign or otherwise transfer the Terms, or any rights hereunder to any third party. Pochemuchka's rights under the Terms of Use are freely transferable by Pochemuchka to any third parties without the requirement of seeking Your consent.

  • 18.3. Severability: If a court of competent jurisdiction finds any provision of the Terms, or portion thereof, to be unenforceable, the same shall not affect the provisions of any other portion of the Terms. In any event, such provision shall be enforced to the maximum extent permissible so as to give effect to the intent as reflected by that provision.

  • 18.4. Waiver: Any failure by Pochemuchka to enforce or exercise any provision of the Terms, or any related right, shall not constitute a waiver of that provision or right.

  • 18.5. Feedback and Information: Any feedback You provide to this Website shall be deemed to be non-confidential. Pochemuchka shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) Pochemuchka is not under any obligation of confidentiality, express or implied, with respect to the feedback; and (iii) You are not entitled to any compensation or reimbursement of any kind from Pochemuchka for the feedback under any circumstances.

19. McContests Terms & Conditions

    The following terms and conditions are applicable to users registering in the McContests module

  • 19.1. Quiz Based McContests

    • Participants have to answer one question that is posted everyday between contest start and contest end date mentioned above

    • Participants can register for the contest till the registration end date mentioned above.

    • If you participate after the contest start date, you can take the previous questions as well. Each answer earns you McCurrency.

    • The questions are age appropriate so please fill in the date of birth of your child correctly.

    • Only the top scorer will get the prize.

    • There might be an additional screening round - in the form of a video conference - to select the winners. Details will be shared with the participants by Cub McPaws during the course of the contest.

    • The contest is open for participants in India only, in the age group of 4-12 years. The legal guardians of the participants are entirely responsible for any actions taken by the participants and for agreeing to and abiding by the rules of this contest.

    • By participating in this contest, each participant’s guardian agrees that he/she has read and understood these T&Cs and by their participation in the contest, each participant agrees to be bound by the T&Cs. Mere participation should not be perceived as any commitment on the part of Cub McPaws to select a participant as the winner. Nothing herein amounts to a commitment by Cub McPaws to conduct further, similar or other contests in future. By participating in this contest, the participants’ guardians also agree and confirm that they are legally eligible to participate in this contest and are of such legally permissible age.

    • Incomplete information provided or the failure to provide true and accurate information will automatically disqualify a participant. Cub McPaws shall have the absolute and sole discretion to determine whether any participant should be disqualified by reason of failure to abide by these terms and conditions, bad faith, fraud or any other legitimate reason.

    • Cub McPaws has the sole discretion in selecting the winners from all eligible entries received. Prizes are decided by Cub McPaws. The decision of Cub McPaws in this regard will be deemed as final and no correspondence will be entertained by Cub McPaws with regard to the same. Prizes are offered on 'NO EXCHANGE, NO REFUND' basis.

    • Cub McPaws holds the right to publish the winner's names through any medium/channel.

    • Multiple entries are not allowed. Participants’ guardians take full responsibility for the entries shared by them.

    • All participants including entrants and winners will not have any claim against Cub McPaws or its affiliates with regards to matters connected with this contest. All participants including entrants and winners expressly waive any and all rights of claim against Cub McPaws with regard to the contest, prize, declaration of winner or the T&Cs hereof. Further, Cub McPaws shall not be liable for any losses, damages, taxes, liabilities or inconvenience suffered by any participant as a result of these terms and conditions, entering into this Contest or accepting any part of the prize. Further, participants and their guardians will hold Cub McPaws harmless against any loss, damage, taxes, liabilities suffered by the participants or their guardians due to their participation in this contest or upon accepting any part of the prize.

    • Cub McPaws reserves the right to withdraw the contest and/or change, amend, extend, and/or alter any of the terms & conditions of this Contest, without any reason and at any time, without prior notice.

    • Cub McPaws will not be responsible and liable for acceptability, suitability, delivery, service, defects, deficiency, performance or quality of the services /products/prize provided under the contest.

    • The participants’ guardians hereby give express permission to Cub McPaws & its affiliates to freely use and distribute in any manner and through any medium their submissions and content thereof as entered by them in this Contest.

    • Materials/content sent/submitted with Cub McPaws including feedback and other communications of any kind as well as submission of an entry to this contest shall be deemed to be non-confidential. Cub McPaws shall be free to reproduce, distribute and publicly display such feedback, materials without limitation or obligation of any kind. Cub McPaws is also free to use any ideas, concepts, know-how or techniques contained in such submissions or materials for any purpose. Participants agree and confirm that such submissions and any content/material included therein does not breach intellectual and/or proprietary rights of any third party.

    • Prizes are non-transferable & Cub McPaws reserves the right to modify/withdraw the prizes, with/without any prior notice.

    • Disputes, if any, will be subject to Indian laws and shall be subject to the exclusive jurisdiction of the courts in India.

    • By entering the contest, participants indemnify Cub McPaws and the parent company, directors, officers, employees and agencies from any liability whatsoever, and waive any and all causes of action, related to any liability, claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the contest.

  • 19.2.  Video or Photo Based McContests

    • By submitting an entry in the form of a photo or video, the user is giving right to Cub McPaws to use this content in any form, media within or outside of the app.

    • The said content may be viewed by individuals other than Cub McPaws users.

    • Criteria of approval for Video/Photo Based Contests

      • Content must be created by the registered child as per the instructions given for specific contests.

      • Profanity, violence, use of inappropriate language, actions, gestures or behavior is permitted. Users will be permanently banned.

      • Hurting religious sentiments of people or communities will not be tolerated. Users will be permanently banned.

  • 19.3.  McContests Prize T&C:

    • The exact model / version / generation of the prize will be communicated to the winner/s by Cub McPaws post selection of the winner/s. Cub McPaws shall procure the prize and ship it to the winner/s. Cub McPaws will have no liability post shipping of the prize to the winner. The winner/s shall not hold Cub McPaws responsible for any damages to the product during shipping or not receiving the product due to incorrect information provided by the participant or any issues with the product post delivery. Depending on the product - standard warranty for the product will be applicable and the winner/s will have to adhere to terms and conditions prescribed on the product warranty card, if any and the winner/s hold Cub McPaws harmless against any further claims with respect to warranty of the product.

    • The prize will be sent to the winner/s within ONE MONTH of the date of announcement of the winner.

    • The other prizes will be communicated to the winner/s by Cub McPaws.

    • Cub McPaws has the right to change or modify the prizes at any time.

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