Please read the following to learn more approximately how we collect, utilize and defend the data given by you via this application/application. This arrangement does not apply to the hones of other entities or web applications that APLU does not possess or control, or to individuals and entities that APLU does not utilize or manage.
SCOPE OF SERVICES
Aplu will provide Service to the User which will include the license to use and access to the Aplu SaaS Mobile Application. This Service shall include but may not be limited to the following:
- Content posted (information, text, graphics, pictures, videos or any such other material) by the School and its staff which includes photo and video sharing by tagging students in such a manner that it automatically gets saved to the School’s account (within Aplu servers) and is shared with parents.
- Online School Fee Payment will enable paperless and easy receipts.
- Attendance Information will enable parents to keep track of their child’s attendance record.
- School Calendar will contain information about the upcoming events of the School.
- Alerts, Updates, Notices, etc. to be shared with parents by the School.
The service also provides a web portal of the app for access and management of the service.
- The access by the User to use the Service is conditioned on User’s acceptance and approval of these Terms. These Terms are applied to all visitors, users and others who access or use the Service.
- If in case the present Terms are not acceptable, please immediately exit the Company’s Application(s) and do not use any Application(s) offered for use by the Company. Access to the Service is permitted only to those that fully agree with the terms and conditions of this Terms of Service agreement.
- By accessing or using the Service(s), User agrees to be bound by these Terms. If User disagrees with any part of the Terms then the User will abstain from accessing the Service.
- You agree that this Terms of Service Agreement and the relationship between the parties shall be exclusively governed by the laws of Republic of India without considering to dispute of law principles, or international conventions. The exclusive authorities for any dispute resolution is the Delhi High court in Delhi state of India. In case of any dispute or difference between the User and the Company, regarding the interpretation of these terms and conditions or non-payment of any claim or any dispute arising out of or in pursuance of these terms and conditions, the same shall be referred to a sole Arbitrator, to be appointed by the Company. The proceedings shall be conducted at Delhi under the provisions of Arbitration & Conciliation Act, 1996 as in force on the date hereof or any subsequent amendment thereof and the Courts at Delhi only shall have the jurisdiction over the matter and/or for enforcement as the case may be. The User and the Company shall be responsible to bear their respective costs and expenses in relation to any such arbitration proceeding. The fee of the sole arbitrator and/or any other cost incurred in the process of such Arbitration shall be shared between the User and the Company.
- In case there is any disagreement between the present Terms and any other policy of the Company, the provisions of the Terms will prevail and override the same.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
- You are responsible for maintaining the security of your account and password. The service provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- The Client undertakes to maintain full confidentiality over the Client’s passwords related to the Service and the Client’s Account. If the Client becomes aware of any unauthorized use of its password or of the Client’s Account, the Client must notify the Service Provider immediately at email@example.com
- You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- The Client undertakes not to harass, threaten, abuse or harm the Service Provider or other users of the Service in any way.
CANCELLATION AND TERMINATION
- You are solely responsible for properly cancelling your account. You can contact firstname.lastname@example.org to know the cancellation procedure.
- All of your Content will be immediately deleted from the Service upon cancellation. This information can’t be recovered once your account is cancelled.
- The service provider, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account. The service provider reserves the right to refuse service to anyone for any reason at any time.
FEES AND PAYMENT
- Access to and use of the Services and the features therein are free, however in future, Aplu may revamp and enhance the Services or features and thereby may provide new or additional special features which Aplu may charge for. Therefore, in future Aplu reserves the right to require payment of fees from requisite Users for certain additional Services, User will pay all applicable fees for those Services, as will be described on the Services as notice. If User continues to use those Services following such notification, that use constitutes User’s acceptance of any new or increased charges.
- It is hereby clarified that the Users of Platform may be required to commercially transact through the Platform for various purposes like for instance- payment of school fees/holiday fees by the parents to such respective schools, colleges, educational institute, universities etc. Aplu will laved charges on such individual monetary transactional. Even Such commercial transactions shall be conducted by the Users based on the commercial understanding they have with the respective schools, colleges, educational institutes, universities etc. and vice versa (collectively all ‘Payment Transactions’ between the Users of the Platform) without any liability to Aplu.
- The Users of Platform hereby agree, acknowledge that they are aware that any and all ‘Payment Transactions’ which they enter as per the commercial understanding with the other Users of the Platform shall be directed to the system of the payment getaway provider (‘Pay portal’) and such systems of Pay portal shall have complete control for facilitating such Payment Transactions in a safe and secure manner and Aplu and its systems shall not have no control over such Payment Transactions.
- It is hereby understood, accepted and agreed by the Users that the payment facility vide a payment gateway ‘Pay portal’ provided in the Platform is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks.
- Note that, by using the Services, User may receive e-mail or text messages on the phone or mobile device, which may cause the User to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are User’s sole responsibility.
- If at any point of time period, the Government rises the tax rate applicable on the products and the programs, then the sum of additional taxes will be borne by the User from the date of enforcement of such increase in taxes by the Government.
- The Company is authorized to revise the cost of its products and programs, at any time, at its sole discretion and without any prior notice to the User.
- Service Provider’s Content is protected by copyright. The Client many not copy, distribute, modify, rent, lease, loan, sell, create derivative works, reverse engineer, decompile or otherwise attempt to extract the source code of the Service or any part thereof without the copyright owner’s respective license.
- Broadcasting the Applications through any means, including but not limited to, through the internet, television, handheld devices and other devices, is not permitted and will be considered as a breach of the Intellectual Property Rights (defined hereunder) of the Company. The User is not entitled to disassemble or decompile the contents of the application and/or any other services offered on Company’s platform or use it in any manner in contravention of the terms. The Company reserves the right to terminate the subscription of/access to the Company’s Applications without any prior notice and also to initiate legal proceedings, in case of such breach.
- The Service Provider claims no intellectual property rights over the material provided by the Client to the Service. Your profile and materials uploaded remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.
- The Client undertakes not to create, transmit, display or make otherwise available any Content that is unlawful, harmful, threatening, abusive, harassing, sinuous, defamatory, vulgar, obscene, invasive of another’s privacy, or hateful (incl. viruses, worms and any other destructive codes).
- Business organizations or other lawful entities are strictly debarred from using the contents of the product for any purpose.
- The Service and its Native Content (excluding Content provided by Users), features and functionality are and will remain the exclusive property of Aplu and its affiliates.
- The Service is protected by copyright, trademark and other laws of both India and Foreign Countries. Aplu trademarks and trade address may not be used in connection with any product or Service without the prior written consent of Aplu.
- The Company reserves the right to make any change or discontinue, temporarily or permanently, its products, its contents and/or programs without prior notice. The User agrees that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the product or content thereof.
- The Customer hereby authorizes the Company and/ or its authorized representatives to contact them through email, telephone and SMS. For all intents and purposes, the consent granted herein shall be deemed to have been granted for overriding the registry on Do Not Disturb (DND)/ National Do Not Call (NDNC).
- The User is only a licensee who is authorized to use the said Educational content stored on the device for a period not exceeding as activated by the Activation Keys. On the expiry of this period, the Company reserves its rights to delete/destroy the content on the device unless the subscription is renewed after paying the require application charges as determined by the Company.
Company’s Property Rights
- It is expressly clarified that all Intellectual Property Rights including but not limited to Copyright, Patent, Trademarks, trade secrets in the products, modules, contents, programs, Web application and its content (including without limitation the Web application design, text, graphics and all software and source codes connected with the Web application), questions, answers, lessons, other textual material, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, shall continue to vest with the Company at all times. The User shall not have the right to claim any rights over the Intellectual Property in the products and programs by virtue of them purchasing/subscribing to any such products and programs. Further, under no circumstances, shall the user acquire the right to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative work from, transfer or sell any of the products/ programs and applications after purchasing/subscribing for such products and programs. The User acknowledges that in the event of breach or threatened breach of this Clause, monetary damages may not be an adequate remedy, and therefore, the Company in addition to other rights and remedies shall be entitled to injunctive relief to restrain the User from any such breach, threatened or actual.
- The product’s and/ or the content thereof design and the service marks, and other logos and product and service names are Intellectual Property Rights of the Company. The limited use of access granted herein does not in any manner amount to assignment/license to use the said Intellectual Property Rights. The User agrees not to display or use Intellectual Property Rights of the Company in any manner in contravention of the Terms mentioned hereunder.
- It is for the User to assess the utility/ relevance of the Company’s products and programs and avail them only after considering his/ her eligibility for the same.
- The Company’s products and programs are being provided to the User on an “as is” and “as available” basis and the Company hereby disclaims all warranties and conditions with respect to the licensed application and any services either express, implied, or statutory, including, but not limited to the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, non-infringement of third-party rights, compatibility, security and accuracy. No oral or written information or advice given by the licensor or its authorized representative shall create a warranty. The Company does not claim that the Services are up to date, correct and error free or that the Applications are free of viruses or harmful components. Any reliance on the Services is at User’s own risk. The Company shall not be liable to update or ensure continuity of such information contained on our Applications. The Company won’t be responsible for any errors, which might appear in such information, which is compiled from third party sources or for any unavailability of such information.
- The Company cannot guarantee and does not promise/warrant/assure any specific results from use of its products or services.
- The firm does not permit the performance, similarity, integrity, merchantability and fitness for a particular purpose of any product, but merely passes through to the User whatever end-user warranty the manufacturer has made available to the User.
- The Company will only assist the User only in cases where the issues being faced by the Customer relates to the Digital Education content of the Company. Provided, under no circumstances will the Company be liable for the cost being claimed/charged by the Device Manufacturer for repairing the tablet/device.
- The warranty facility being made available to the User by the manufacturer in addition to the terms and circumstances of the end-user warranty of the manufacturer is further possible if the Customer has attempted to make unauthorized changes in the application or show evidence of tampering.
- The User agrees that he shall not invite other users to share the credits/points/pack/course/anything else that he earns, that follows to him in his individual capacity; and agrees not to sell the credits/points/pack/course/anything else for any consideration to a third party. In case of a violation of this condition the User shall become liable to pay for the credits/points/course/pack/anything else that he has sold or shared and shall forfeit all his credits/points/course/pack/anything else accumulated and his account shall be terminated.
- The User agrees to independently verify the authenticity and accuracy of the Educational Content provided through the Company’s Services and the Company does not take any responsibility as to the authenticity and veracity of such Educational Content. The User shall not bring any action against the Company for any inaccuracy in the Educational Content and the Company will not be liable in any such action, if taken, by the user. The Company shall not be liable, at any time, for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, mobile device virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of information contained in the product or services.
- The User undertakes to bear the risk associated with the use of internet. In particular, the Company shall not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, spyware, adware or other material which is malicious or technologically harmful that may infect User’s equipment, data or other proprietary material as a result of your use of the Services. The User also understands that the Company has tested the Services on various devices to the best of Company’s resources, but the Company cannot be held responsible in case of any malfunction/ damage on the device of the User due to usage of the Services.
- Any change of address or phone numbers should be notified to the Company immediately, without any delay, through a written application or by reaching out to the Company on the customer care, failing which any notice/communication by the Company on the last available address or phone number of the User shall be deemed to be sufficiently served upon the User.
- The User agrees to indemnify and hold the company, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fee, made by any third party due to or arising out of and including but not limited to, the content that the User submits, posts to or through the Service, the User’s use of Service, Users violation of the terms hereunder or violation of any third party right, etc. Under no circumstances will the Company be liable to the User(s) for any indirect, incidental, consequential, special or exemplary damage arising out of or in connection with use of the Services, whether or not Company has been advised of the possibility of such damages. Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the Services, from inability to use the Services, or from the interruption, suspension, or termination of the Services (including such damages incurred by third parties), and not withstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Further under no circumstances shall the Company be liable to the User for any amount exceeding one thousand rupees.
- If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction, then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
- The Company maintains the rights to synchronize the User’s usage/assessment date/ application error logs for the Company’s Services onto the Company’s Cloud Server.
- The User consents that by subscribing/using the Company’ products, programs or any other services, it expressly allows the Company to improve pedagogy, learning outcomes, predictive learning and to store, use, analyse, distribute, or deal with in any other manner, as the Company deems appropriate, from the information/data captured by the Company through its unique pedagogy of learn, practice and test and from the Customer’s usage of Company’ products, programs or any other services as the Company, its associates or any third party as the Company may authorize.
- The Terms constitute the entire agreement between the parties with respect to the subject matter thereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.