Usage of products, applications and services offered by SchoolAid Education Solutions Private Limited(“SchoolAid”)is governed by the following terms and conditions("Terms of Use" )website or uses any of the SchoolAid
When YOU or any of YOUR customers, associates, employees, colleagues, partners or any individual/third party authorized by YOU (collectively referred as “YOU”), use any of the products, applications or services, YOU will be subjected to the terms and conditions applicable to such products, applications or services and the associated number of licenses of such products, applications or services purchased by YOU and they shall be deemed to be incorporated into this Terms of Use. SchoolAid reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is YOUR responsibility to check these Terms of Use periodically for changes. YOUR continued use of our products, applications and services through any channel (website, mobile or any other channel) following the posting of changes will mean that YOU accept and agree to the changes.
Accessing, Browsing or Otherwise using SchoolAid products, applications and services implies that YOU have read this agreement carefully and that YOU agree to the Terms and Conditions outlined below
These Terms and Conditions will be applicable to YOU when YOU either procure the products, applications and services from SchoolAid or intend to procure the products, applications and services offered by SchoolAid or browse through or use the publicly available resources of SchoolAid or related toSchoolAid.
When YOU purchase SchoolAid, YOU will need to create a User ID and Password on SchoolAid portal in order to use the products, applications and services offered by SchoolAid. YOU shall therefore be responsible for all activities that YOU undertake under that User ID and Password. YOU will not disclose or share YOUR User Id and Password to anyone else. YOU shall be responsible for frequently changing YOUR password for the products, applications and services used by YOU.
Right to Block / Disable / Terminate Access Temporarily or Permanently
If YOU provide information that is untrue, inaccurate, not current or incomplete or SchoolAid has reasonable grounds to suspect that the information provided by YOU is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms of Use, then SchoolAid shall have the right to temporarily or permanently disable or terminate or block YOUR access to SchoolAid products, applications and services and revoke all licenses purchased by YOU for the said products, applications and services.
Communications
WhenYOU use our products, applications and services or send emails or other data, information or communication to us, YOU agree and understand that YOU are communicating with us through electronic records and YOU consent to receive communications via electronic records from us periodically and as and when required.
Charges There are no charges or fee for browsing products on SchoolAid website. However, YOU can choose to purchase requisite number of licenses for the products, applications and services offered by SchoolAid by paying a one time or recurring fee including maintenance and renewal fee, as the case may be, as mutually agreed between YOU and SchoolAid in accordance with the schedule of payments agreed between YOU and SchoolAid.
In case a new product, application and service is introduced or new features are added to an existing product, application and service by SchoolAid, then SchoolAid reserves the right to charge separately for the same with prior intimation to YOU. In case any new charge or fee is introduced / or the existing charge or fee is changed for any existing product, application or service, the charge and the date of application of the changes shall be communicated to YOU via electronic/physical means or during sales discussions between YOU and SchoolAid.
Every product, application or service offered by SchoolAid can be purchased for a fee. Such prices may not remain fixed and can be changed at the sole discretion of SchoolAid.
Use of the SchoolAid products, applications and services
Use of SchoolAid products, applications and services shall be strictly governed by the following binding principles:
1. YOU shall not modify / update any information that has not been posted / hosted by YOU
2. YOU shall not host, display, upload, publish, transmit, or share any information which:
(a) Belongs to another person unless YOU are authorized by the person for the same
(b) YOU do not have any right to do so
(c) Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic or sexually explicit, paedophilic, libellous, invasive of another's privacy, hateful, racist, bigotry, offensive to any community, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or encouraging hatred or physical harm against any group or individual, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
(d) Is misleading
(e) Involves the transmission of "junk mail”, or unsolicited mass mailing or "spamming";
(f) Infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
(g) Promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices;
(h) Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
(i) Provides material that exploits people in an otherwise inappropriate manner
(j) Solicits personal information from anyone that YOU are not authorized to collect;
(k) Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
(l) Contains video, photographs, or images of another person (with a minor or an adult) that are outside of the authority provided to YOU
(m) Tries to gain unauthorized access or exceeds the scope of authorized access to the products, applications or services.
(n) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of "virtual" items related to the products, applications or services. A “prior written consent” is a communication from authorized personnel of SchoolAid in response to YOUR request, and specifically addressing the activity or conduct for which YOU seek authorization;
(o) Interferes with another user's usage or ability to transact for the products, applications or services;
(p) Refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the products, applications or services offered by SchoolAid or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
(q) Harm minors in any way;
(r) Infringes any patent, trademark, copyright or other proprietary rights of SchoolAid or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen items;
(s) Deceives or misleads SchoolAid through counterfeit addresses / users / information;
(t) Impersonate another person;
(u) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
(v) Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
(w) Shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force.
(x) Shall not create liability for us or cause us to lose (in whole or in part) the services of any of our partners, vendor, and supplier;
(xi) Violates Intellectual Property Right of SchoolAid over the products, applications and services offered by SchoolAid
3. YOU shall not misuse the licenses purchased by YOU for the products, applications and services offered by SchoolAid or misuse the products, applications and services in any manner including but not limited to:
a) copy, modify, host, stream, sublicense, or resell the products, applications and services and any of their content whatsoever;
b) use the products, applications and services beyond the number of licenses for such products, applications and services purchased by YOU
c) enable or allow others to use the products, applications and services using YOUR account information;
d) use the content or products, applications and services to construct any kind of database;
e) access or attempt to access the products, applications and services by any means other than the interface we provided or authorized;
f) circumvent any access or use restrictions put into place to prevent certain uses of the products, applications and services;
g) share content or engage in behavior that violates anyone’s Intellectual Property Right;
h) upload or share any content that is unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, or hateful;
i) impersonate any person or entity, or falsely state or otherwise misrepresent YOUr affiliation with a person or entity;
j) attempt to disable, impair, or destroy the products, applications and services;
k) disrupt, interfere with, or inhibit any other user from using the products, applications and services (such as stalking, intimidating, or harassing others, inciting others to commit violence, or harming minors in any way),
l) engage in chain letters, junk mails, pyramid schemes, spamming, or other unsolicited messages;
m) place advertisement of any products, applications and services;
n) use any data mining or similar data gathering and extraction methods in connection with the products, applications and services; or
o) violate applicable law.
4. 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 products, applications and services or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the products, applications and services or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available by SchoolAid. We reserve our right to bar any such activity.
4. YOU shall not attempt to gain unauthorized access to any portion or feature of the Products, applications and services, or any other systems or networks used by the products, applications and services or to any server, computer, network, or to any of the products, applications and services provided by SchoolAid, by hacking, password “mining” or any other illegitimate means.
5. YOU shall not probe, scan or test the vulnerability of the Products, applications and services or any network used by the Products, applications and services nor breach the security or authentication measures on the Products, applications and services or any network used by the Products, applications and services.
6.YOU shall not make any negative, denigrating or defamatory statement(s) or comment(s) about SchoolAid or the brand name or domain name used by us or otherwise engage in any conduct or action that might tarnish the image or reputation, of SchoolAid, or its partners, vendors, suppliers. YOU agree that YOU will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure used by the Products, applications and services.
7. YOU agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Products, applications and services or any transaction being conducted on the Products, applications and services, or with any other person’s use of the Products, applications and services.
8. YOU may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal YOU send to us. YOU may not pretend that YOU are, or that YOU represent, someone else, or impersonate any other enterprise, organization, individual or entity.
8. YOU agree to grant SchoolAid a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights YOU have in YOURInformation, in any media now known or not currently known, with respect to YOUR Information. We will only use YOUR information in accordance with the terms of use and Privacy Policy as mentioned at www.school.jbvachha.org.
9.YOU shall not engage in advertising to, or solicitation of, other users of the
SchoolAid Products, applications and services to buy or sell any products or services, including, but not limited to, products or services related to SchoolAid. In
order to protect our users from such advertising or solicitation, we reserve the right to
restrict the number of messages or emails which a user may send to other users in
any 24-hour period which we deem appropriate in its sole discretion.
10. YOU understand that we have the right at all times to disclose any information
(including the identity of the persons providing information or materials on the
Products, applications and services or directly to us through emails/calls/personal
interactions) as necessary to satisfy any law, regulation or valid governmental
request. This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation of illegal activity
or in response to a lawful court order or subpoena. In addition, we can (and YOU
hereby expressly authorize us to) disclose any information about YOU to law
enforcement or other government officials, as we, in our sole discretion, believe
necessary or appropriate in connection with the investigation and/or resolution of
possible crimes, especially those that may involve personal injury.
We reserve the right, but have no obligation, to monitor the information received
through our products, applications or services. SchoolAid shall have the right to
remove or edit any content at its sole discretion. Notwithstanding this right, YOU
REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE YOUR
MESSAGES OR ANY OTHER INFORMATION THAT YOU SEND TO US
THROUGH THE WEBSITE OR ANY INFORMATION/DATA THAT YOU
ENTER/UPLOAD WHILE USING OUR PRODUCTS, APPLICATIONS OR
SERVICES OR ANY INFORMATION/DATA YOU SHARE THROUGH EMAILS /
CALLS / PERSONAL INTERACTIONS WITH SchoolAid. Please be advised that
such messages/information received from YOU does not necessarily reflect our
views. In no event shall we assume or have any responsibility or liability for any
information or view point or message received from YOU or for any claims, damages
or losses resulting from use of such information or view point or message.
11. YOUR correspondence or business dealings with, or participation in promotions
of, advertisers found on or through the Products, applications and services, including
payment and delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely between
YOU and such advertiser. We shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Products, applications and services now or in
future.
12. It is possible that other users (including unauthorized users or “hackers”) may
post or transmit offensive or obscene materials on the Products, applications and
services and that YOU may be involuntarily exposed to such offensive and obscene
materials. It also is possible for others to obtain personal information about YOU due
to YOUR use of the Products, applications and services, and that the recipient may use
such information to harass or injure YOU. We do not approve of any such
unauthorized use of YOUR information, but by using the Products, applications and
services YOU acknowledge and agree that we are not responsible for the use of any
personal information that YOU publicly disclose or share with others using our
Products, applications and services. Please carefully select the type of information
that YOU publicly disclose or share with others using our Products, applications and
services.
14. SchoolAid shall have all the rights to take necessary action and claim damages
that may occur due to YOUR involvement/participation in any way on YOUR own or
through group/s of People, intentionally or unintentionally in Denial of Services /
Distributed Denial of Services.
Conduct of other business
SchoolAid does not take responsibility or liability for the actions, products, content and services on the Website or on our products, applications or services, which are linked to Partners / Suppliers / Vendors / Advertisers / Affiliates and / or third parties. We assume no responsibility for examining or evaluating the products and services offered by any one of them.
Privacy
YOUR privacy is important to us. We value YOUR Personal Information. Appropriate measures are taken to keep YOUR information secure in accordance with the IT Act.
Disclaimer of Warranties and Liability
We do not warrant that:
1. SchoolAid will be constantly available, or available at all; or
2. The information on SchoolAid is complete, true, accurate or non-misleading
3. Information sent by SchoolAid is free of viruses or other harmful components
SchoolAid is not liable to YOU in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Products, applications and services.
Nothing on Website or on/through products, applications or services constitutes, or is meant to constitute, advice of any kind.
Accuracy of Information Providing accurate information at the time of placing the order is critical. Since all order, shipping and other information will be communicated over phone and email, it is imperative to provide correct information for ongoing communication. Also by providing YOUR phone number and email address YOU agree to be contacted by us via phone calls and / or SMS notifications / or email, in case of any order or shipment or other related updates.
All the Products, applications and services sold are governed by different state laws and if we are unable to deliver such Products, applications or services due to implications of different state laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Product, applications and services that could not be delivered to YOU. No interest shall be provided on the advance received.
Information on Products We try to be as accurate as possible while displaying the information related to our products, applications or services. However, we do not warrant that description or other content related to our products, applications or services is accurate, complete, reliable, current, or error-free.
Compliance with Licenses We may, no more than once every 12 months, upon seven 7 days'prior notice to YOU, appoint our personnel or an independent third party auditor who is obliged to maintain confidentiality to inspect (including manual inspection, electronic methods, or both) YOUR records, systems, and facilities to verify that YOUR installation and use of any and all products, applications and services offered by SchoolAid is in conformity with its valid licenses from us. Additionally, YOU will provide us with all records and information requested by us in order to verify that its installation and use of any and all products, applications and services is in conformity with YOUR valid licenses from us within 30 days of our request. If the verification discloses a shortfall in licenses for the products, applications and services, YOU will immediately acquire any necessary licenses, subscriptions, and any applicable back maintenance and support. If the underpaid fees exceed 5% of the value of the payable license fees, then YOU will also pay for our reasonable cost of conducting the verification.
Payment
While availing any of the payment method/s available as part of our products,
applications or services, we will not be responsible or assume any liability,
whatsoever in respect of any loss or damage arising directly or indirectly to YOU due
to:
1. Lack of authorization by the bank; or
2. Decline of transaction by the bank for any reason whatsoever; or
3. Any action not in accordance with the directions given for the payment method
All payments made for purchases/services made available through our Products,
applications and services by YOU shall be compulsorily in Indian Rupees.
At any point of time before delivering a product, application or service, we may
request YOU to provide supporting documents that establishes the ownership of the
payment instrument used by YOU for YOUR purchase. This is done in the interest of
providing a safe online environment to our users, customers and prospects.
Service Cancellation We reserve the right to cancel delivery of any product, application or service at our sole discretion; under a situation where we are not able to meet the requirement of the product, application or service sought by YOU or for any other reason. However, we will ensure that any communication of cancellation of a product, application or service sought by YOU, so cancelled, is intimated within appropriate time to the concerned person and any applicable refund will be made in reasonable time.
Refund Policy
Refund will be applicable under the following scenarios
I. YOU have been charged but the products, applications or services are not
delivered
II. SchoolAid has received the payment (advance money, part money or full
payment as per the schedule of payment accepted and signed for that order
between YOU and SchoolAid) and the order is subsequently cancelled by
SchoolAid due to SchoolAid’s inability to deliver the products, applications
or services or prohibition by any central/state law or for any other reason
whatsoever. Refund will be credited back to the same account of YOURS
which was used for placing the order. Charges incurred on account of such
refunds or reversal will be borne by SchoolAid. The refund will be processed
for each of the above cases as under
I. Within 30 days of the failed transaction
II. Within 30 days of order cancellation by SchoolAid
Breach
In case of a breach of any of the Terms and Conditions, YOU may be disabled,
blocked or deleted and access will be denied to the Products, applications and
services
We may at any time at our sole discretion reinstate suspended users. A user that
has been suspended or blocked may not use the Products, applications and services
in any manner whatsoever until such time that such user is reinstated by us.
Notwithstanding the foregoing, if YOU breach the Terms of Use or Privacy Policy or
other ruler and policies, we reserve the right to recover any amounts due and owing
by YOU to us and to take strict legal action including but not limited to a referral to
the appropriate police or other authorities for initiating criminal or other proceedings
against YOU.
Indemnity YOU shall indemnify and hold harmless SchoolAid, its owner, licensee, affiliates, partners, suppliers, vendors, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of YOUR breach of this Terms of Use, Privacy Policy and other Policies, or YOUR violation of any law, rules or regulations or the rights of a third party.
Applicable Law This Agreement shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Delhi.
Limitation of Liability IN NO EVENT SHALL SchoolAid BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, EVEN IF SchoolAid HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
Feedback / Complaint / Grievance In case YOU have feedback or complaints or grievance related to any of our products, applications and services, YOU may contact us at