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Monki Tox

Privacy policy

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General

  • Welcome to the Monki Tox Mobile Application(App). This App is owned and operated by Chokolad Pvt Ltd.
  • We serve digital audio content tailored for kids. The content includes moral stories, knowledge sharing, mythology and sleep music
  • For the purpose of these terms of use ("Terms of Use"), "We", "Us" and "Our" means the Company and "You", "Your" and "User" means any person who accesses or uses the Website/App or the Services. "Services" includes access to Our mobile application ("App"), any upgrades of the App, our call and SMS based services, databases, Interactive Voice Response services and all other services and functionalities that We provide through the App or Your mobile phone.
  • Every effort has been made to ensure, that the information contained on the Site is correct, however We make no warranty as the accuracy, comprehensiveness, or correctness of any Service(s) or a Product(s) on the App and provide all Service(s) and Product(s) on an "as is" basis. By accessing or using this App or the Services, you agree to be bound by these Terms of Use and Our other policies made available on the App, including but not limited to the Privacy Policy available in the "More" menu available at the bottom right of the screen. If You do not wish to agree to these Policies, please refrain from using the App.


CHANGES TO THE TERMS OF USE

We reserve the right to modify these Terms of Use and Our Policies from time to time, by updating this document without prior notification to You. Your continuing to use the App or Services following the changes shall be construed as Your acceptance of all such changes.


ACCESS TO THE APP AND SERVICES

You may access the App and the Services only if You are 18 years of age or older and are legally capable of entering into a binding contract as per applicable law, including the Indian Contract Act, 1872.


YOUR INFORMATION

  • You may use the Services through Our App. Upon downloading the App, you may provide Us with Your details including Your name, address, contact number, email address and Store details ("User Information"). We would not be sharing any information to external Agencies or users unless you authenticate us to do so via the App.
  • After obtaining this information, (i) You may customize your preferences of the content we serve.
  • Alternatively, you may provide Us with Your mobile phone number on the App. We will then contact You, collect Your User Information and follow the procedure described in Clauses above.
  • By providing Us with Your User Information, you confirm that:
    • The User Information provided by You is accurate and genuine;
    • The mobile phone number provided by You belongs to you, has been validly acquired under applicable law, and You may be contacted on the number by way of calls or SMS messages by Us or Agency;
    • You are interested in availing the Services provided by Us;
    • We may contact You either electronically or over the telephone to understand Your interest in the Services and to fulfill Your demand; and
    • You shall immediately notify Us of any un-authorized use of Your User Information or any other breach of these Terms of Use or security known to You.
  • Further, you authorize Us to:
    • Collect, process and store User Information and access information including the IP address, IMEI number and MAC address of the computer/device from where the App were accessed.
    • Either directly, or through third parties, verify and confirm Your User Information.
    • Send You promotional materials and/or special offers.
    • Communicate with You by email or by phone or usually available means of communication.
    • Contact You using Your User Information, including for marketing and promotional calls.
    • Subject to the above, and Your compliance with these Terms of Use, we grant You a non-exclusive, revocable, limited privilege to access and use this App and the Services.

FEES

The use of the basic features in the App is free of cost. However, you can choose to purchase monthly or yearly subscription to get access to our premium content and features. The fee policy can be amended at Our discretion and We reserve the right to modify the services provided for free or the content available of premium subscription.

  • Monthly subscriptions are billed every month starting with the date of initial purchase
  • Annual subscriptions are billed every year starting with the date of initial purchase
  • All subscriptions are renewed automatically unless you choose to cancel them manually.
  • You can cancel your subscriptions anytime from Apple App Store or Google Play Store subscriptions section. The links for the same are available within the app's profile section.


USE OF THE APP AND SERVICES

  • You agree to make use of the App and Services for their intended purpose in a Bona fide manner. You agree not to:
    • print, distribute, share, download, duplicate or otherwise copy, delete, vary or amend or use any data or User Information of any User other than You;
    • You are interested in availing the Services provided by Us;
    • infringe on any intellectual property rights of any person and/or retain information in any computer system or otherwise with an intention to do so;
    • attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any server, computer, network, or to any of the Services by hacking, password "mining" or any other illegitimate means;
    • probe, scan or test the vulnerability of the App or Services or any network connected to the App or Services or breach the security or authentication measures on the App, or any network connected to the App or Services;
    • use any automated systems to extract data from the App;
    • make any inaccurate, false, unfair or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, any Provider or any User on the App;
    • take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the App or Our systems or networks, or any systems or networks connected to Us;
    • use the App or its contents for any commercial purpose;
    • make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
    • take any action that imposes, or may impose, in Our discretion, an unreasonable or disproportionately large load on Our infrastructure;
    • take any action that imposes, or may impose, in Our discretion, an unreasonable or disproportionately large load on Our infrastructure;
    • link to any portion of this Site for any purpose without Our express written permission;
    • "frame", "mirror" or otherwise incorporate any part of this App into any other website/App without Our prior written authorization; or
    • circumvent or manipulate the App, Services, registration process, fees, billing system, or attempt to do so.
  • You further agree not to host, display, upload, modify, publish, transmit, update, share or otherwise make available on the App any information, that:
    • contains content or other material protected by intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
    • defames, abuses, harasses, stalks, hurts religious or ethnic sentiments of, threatens or otherwise violates the legal rights of others;
    • attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any server, computer, network, or to any of the Services by hacking, password "mining" or any other illegitimate means;
    • is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, 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;
    • harms minors in any way;
    • violates any law for the time being in force;
    • deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
    • abets or assists with impersonating another person;
    • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
    • uses any other internet service to send or post spam to drive visitors to any other site hosted on or through the Company's systems, whether the messages were originated by You, under Your direction, or by or under the direction of a related or unrelated third party; or
    • contains any content which is non-compliant with the Information Technology Act, 2000, Rules and regulations, guidelines made thereunder, including Rule 3 of The Information Technology (Intermediaries Guidelines) Rules, 2011, Terms of Use or Privacy Policy, as amended/re-enacted from time to time.


INTELLECTUAL PROPERTY

The intellectual property in the App, and in the material, content and information made available on the App including audio, graphics, images, photographs, logos, trademarks, the appearance, organization and layout of the App and the underlying software code belong to Us or Our licensors.

You shall not copy, modify, alter, publish, broadcast, distribute, sell or transfer (whether in whole or in part) any such material. The information provided on the App and through the Services is for Your personal use only.


INDEMNITY

You agree to indemnify Us, Our owners, licensees, affiliates, group companies and their respective officers, directors, agents, and employees, on demand, against any claim, action, damage, loss, liability, cost, charge, expense or payment which We may pay, suffer, incur or are liable for, in relation to any act You do or cause to be done, in breach of the Terms of Use or Your violation of any law, rules or regulations.


FEEDBACK, REPUTATION AND REVIEWS

You agree to be fair, accurate and non disparaging while leaving comments, feedback, testimonials and reviews ("Feedback") on or about the App or the Services, you acknowledge that You transfer all rights in such Feedback to Us and that We will be free to use the same as We may find appropriate.


BREACH OF THESE TERMS OF USE

If You have, or We have reasonable grounds to believe that You have, violated these Terms of Use in any way, we can indefinitely suspend or terminate Your account/access to the App or Services at any time, forfeit any amounts paid by You and report such action to relevant authorities. We reserve the right to take recourse to all available remedies under applicable law in furtherance of the above.


TRANSACTIONS

The App is a platform which provides Users with digital content for kids. We do not support any transactions at this point in time but we may introduce such options later as we see a demand.

Accordingly, we will not be liable for any loss or damage incurred as the result of any such transaction. While interacting with any Agency found through the App or through the Services, we strongly encourage You to exercise reasonable diligence as You would in traditional off-line channels and practice judgment and common sense before committing to any Transaction or exchange of information.

Our employees, partners and other staff are not accountable for any loss, harm or damage that occurs or may occur or arises from the usage of information from the Website/App by You. You are advised to use Your own discretion in such matters.

All screening procedures, verification services and background checks, whether undertaken by Us or through third party consultants are performed on an "as is" and "as available" basis. By opting to avail of them You acknowledge that We will not be responsible for the quality or accuracy of the results of these procedures.

Agencies may obtain personal information about You due to Your use of the App or Services, and such Agencies may use this information to harass or injure You. We do not approve of such acts, but by using the Services, you acknowledge that We are not responsible for the use of any personal information that You disclose or share with others through the use of the Services.


THIRD PARTY SITES

All third-party advertisements, hyperlinks or other redirection tools on the App which take You to content operated by third parties are not controlled by Us and do not form part of the App. We do not endorse and are not responsible for any content, advertising, products or other materials on or available from such sites. We are not liable for any loss or harm that occurs to You as a result of such sites.


DISCLAIMER AND LIMITATION OF LIABILITY

  • The App and Services are provided on an "as is" and "as available" basis without any representation or warranty, express or implied. We do not warrant that:
    • The App or the Services will be constantly available, or available at all. We shall have no liability to You for any interruption or delay in access to the App or Services availed through it, irrespective of the cause;
    • The information on the App or given through Services is complete, true, accurate or non-misleading;
    • Any errors or defects in the App or Services will be corrected;
    • That the App is secure or free of viruses, Trojans or other malware; or
    • The contents of the App or the Services do not infringe any intellectual property rights.
  • In no event shall We be liable for any direct, special, punitive, incidental, indirect or consequential damages including but not limited to any loss of profits, revenue, business or data of any kind in connection with these Terms of Use, even if You have been informed in advance of the possibility of such damages.
  • The episodes are created by our team based on different versions of the Indian epics by various authors, regional beliefs and folklore. The team does its best to comply with the original works, and our content is reviewed by learned scholars. The approach may be slightly modified to make the stories understandable and child friendly. Due to the wide variety of belief systems in India, there may be differences in the approach to the epics. User discretion is requested to interpret the stories according to their belief system, as Monki Tox does not guarantee rigid compliance to specific epics or authors.


PRIVACY POLICY

Any personal information You supply to Us when You use this App, or the Services will be used in accordance with Our Privacy Policy below:

  • In the course of registering for and availing various services We provide from time to time through the App ("Services") You may be required to give Your name, address, contact number, email address and your User Information.
  • By using the App and registering yourself You authorize Us, our affiliates & Our associate partners to contact You via email or phone call or SMS and offer You their services for the product You have opted for, imparting product knowledge or offer promotional offers, as well as for web aggregation.
  • You authorize Us to contact You for a period of 90 days from Your registration with Us irrespective of having registered under DND or DNC or NCPR services.
  • Additionally, by registration You authorize Us to send SMS/email alerts to You for Your login details and any other service requirements or advertising messages/emails from Us.
  • Further when we call you for providing details, you authorize us to record the conversation for Quality and Training purposes. You acknowledge that You are disclosing User Information voluntarily.
  • Prior to the completion of any registration process on the App or prior to availing of any Services offered on Our website if You wish not to disclose any Personal Information You may refrain from doing so; however if You don't provide information that is requested, it is possible that the registration process would be incomplete and/or You may not be able to avail our Services.
  • We are committed to protecting the privacy and confidentiality of all User Information that You may share as a user of Our App. In furtherance of the confidentiality with which We treat User Information We have put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information We collect online.
  • To protect Your privacy and security, we will also take reasonable steps to verify Your identity before granting access or making corrections. This policy does not apply to the practices of organizations that We do not own or to people that We do not employ or manage. We may use third-party advertising companies and/or ad agencies to serve ads when You visit Our App. These companies may use information (excluding User Information) about Your visits to this and other Websites in order to provide advertisements on this site and other sites about goods and services that may be of interest to You. There might be affiliates or other sites linked to Our App. Personal information that You provide to those sites are not Our property. The affiliated sites may have different privacy practices and We encourage You to read their privacy policies.
  • We will not sell or rent User Information to anyone other than as specifically noted herein. We will share User Information if We have Your consent or deemed consent to do so or if We are compelled by law (including court orders) to do so.
  • Notwithstanding anything mentioned above, we reserve the right to contact You via any mechanisms, not limited to email, SMS, or phone calls, to solicit feedback of Your experience and to provide any additional services that You would be eligible for, either as a customer or as a visitor. We are not liable for any damages occurring to You as part of feedback solicitation and additional service provision.
  • We reserve the right to amend this policy from time to time, at Our discretion. Any updates will be posted on the App. If You have questions or concerns about Our Privacy Policy or any other policies, please email us at admin@monkitox.com. We reserve the right to amend this policy from time to time, at Our discretion. Any updates will be posted on the App. If You have questions or concerns about Our Privacy Policy or any other policies, please email us at admin@monkitox.com


MISCELLANEOUS

  • Severability and Waiver

If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.

  • Relationship between the Company and its Users

Use of the App does not create any association, partnership, venture or relationship of principal and agent, master and servant or employer and employee between the User and the Company. Further, there is no relationship of principal and agent, master and servant or employer and employee between the Agency and the Company.

  • Applicable Law and Dispute Resolution

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. Any disputes pertaining to the App shall be subject to the exclusive jurisdiction of the appropriate courts in Telangana.


ACCOUNT DELETION

You can delete all your account data from the App. Go to the Profile tab on the app and Login to your account if you are not already logged in. Press the Delete Account button in red and confirm to delete all the data associated with your account. Once you confirm the deletion, this action cannot be reversed and we delete all your data without any retention.


CONTACT US

Please contact Us for any questions or comments (including all inquiries related to copyright infringement) regarding this App.

Should You wish to terminate Your account for any reason, you may do so by sending an email with the subject line "Termination" to the following email address:

admin@monkitox.com

This document is an electronic record under the Information Technology Act, 2000 and rules there under. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, Privacy Policy and Terms of Use for access to or usage of this App.