Last updated January 11, 2024
AGREEMENT TO OUR
LEGAL TERMS
We are School Diary ("Company," "we," "us,"
"our"), a company registered in India at C 102, Anjani Residency,
Jambuva, Vadodara, Gujarat 390014.
We operate the
website https://schooldiary.io/ (the "Site"), the mobile
application SchoolDiary (the "App"), as well as any other related
products and services that refer or link to these legal terms (the
"Legal Terms") (collectively, the "Services").
The
School Diary App is a cutting-edge digital tool designed to
revolutionize the educational experience for students, parents,
and teachers alike. Offering seamless organization and
communication, this app serves as a centralized platform for
managing assignments, tracking academic progress, and facilitating
collaboration. With features like digital attendance tracking,
assignment submission, and real-time communication, the School
Diary App fosters a more connected and efficient learning
environment, empowering users to stay on top of their academic
journey effortlessly. Enhancing the traditional school diary, this
app integrates technology to streamline educational processes,
ultimately contributing to a more engaged and productive school
community.
You can contact us by phone at 9879971663,
email at hello.schooldiary@gmail.com, or by mail to C 102, Anjani
Residency, Jambuva, Vadodara, Gujarat 390014, India.
These
Legal Terms constitute a legally binding agreement made between
you, whether personally or on behalf of an entity ("you"), and
School Diary, concerning your access to and use of the Services.
You agree that by accessing the Services, you have read,
understood, and agreed to be bound by all of these Legal Terms. IF
YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and
conditions or documents that may be posted on the Services from
time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make
changes or modifications to these Legal Terms at any time and for
any reason. We will alert you about any changes by updating the
"Last updated" date of these Legal Terms, and you waive any right
to receive specific notice of each such change. It is your
responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will be deemed to
have been made aware of and to have accepted, the changes in any
revised Legal Terms by your continued use of the Services after
the date such revised Legal Terms are posted.
All users
who are minors in the jurisdiction in which they reside (generally
under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Services. If
you are a minor, you must have your parent or guardian read and
agree to these Legal Terms prior to you using the Services.
We
recommend that you print a copy of these Legal Terms for your
records.
TABLE OF CONTENTS
1. OUR
SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER
REPRESENTATIONS
4. USER REGISTRATION
5. PROHIBITED
ACTIVITIES
6. USER GENERATED CONTRIBUTIONS
7.
CONTRIBUTION LICENSE
8. MOBILE APPLICATION LICENSE
9.
SERVICES MANAGEMENT
10. PRIVACY POLICY
11. COPYRIGHT
INFRINGEMENTS
12. TERM AND TERMINATION
13. MODIFICATIONS
AND INTERRUPTIONS
14. GOVERNING LAW
15. DISPUTE
RESOLUTION
16. CORRECTIONS
17. DISCLAIMER
18.
LIMITATIONS OF LIABILITY
19. INDEMNIFICATION
20. USER
DATA
21. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
22. MISCELLANEOUS
23. CONTACT US
1.
OUR SERVICES
The information provided when using the
Services is not intended for distribution to or use by any person
or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would
subject us to any registration requirement within such
jurisdiction or country. Accordingly, those persons who choose to
access the Services from other locations do so on their own
initiative and are solely responsible for compliance with local
laws, if and to the extent local laws are applicable.
2.
INTELLECTUAL PROPERTY RIGHTS
Our intellectual
property
We are the owner or the licensee of all
intellectual property rights in our Services, including all source
code, databases, functionality, software, website designs, audio,
video, text, photographs, and graphics in the Services
(collectively, the "Content"), as well as the trademarks, service
marks, and logos contained therein (the "Marks").
Our
Content and Marks are protected by copyright and trademark laws
(and various other intellectual property rights and unfair
competition laws) and treaties in the United States and around the
world.
The Content and Marks are provided in or through
the Services "AS IS" for your personal, non-commercial use or
internal business purpose only.
Your use of our
Services
Subject to your compliance with these Legal
Terms, including the "PROHIBITED ACTIVITIES" section below, we
grant you a non-exclusive, non-transferable, revocable license
to:
access the Services; and
download or print a copy of
any portion of the Content to which you have properly gained
access.
solely for your personal, non-commercial use or
internal business purpose.
Except as set out in this
section or elsewhere in our Legal Terms, no part of the Services
and no Content or Marks may be copied, reproduced, aggregated,
republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise
exploited for any commercial purpose whatsoever, without our
express prior written permission.
If you wish to make
any use of the Services, Content, or Marks other than as set out
in this section or elsewhere in our Legal Terms, please address
your request to: hello.schooldiary@gmail.com. If we ever grant you
the permission to post, reproduce, or publicly display any part of
our Services or Content, you must identify us as the owners or
licensors of the Services, Content, or Marks and ensure that any
copyright or proprietary notice appears or is visible on posting,
reproducing, or displaying our Content.
We reserve all
rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual
Property Rights will constitute a material breach of our Legal
Terms and your right to use our Services will terminate
immediately.
Your submissions and contributions
Please
review this section and the "PROHIBITED ACTIVITIES" section
carefully prior to using our Services to understand the (a) rights
you give us and (b) obligations you have when you post or upload
any content through the Services.
Submissions: By
directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ("Submissions"),
you agree to assign to us all intellectual property rights in such
Submission. You agree that we shall own this Submission and be
entitled to its unrestricted use and dissemination for any lawful
purpose, commercial or otherwise, without acknowledgment or
compensation to you.
Contributions: The Services may
invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality during
which you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or through
the Services, including but not limited to text, writings, video,
audio, photographs, music, graphics, comments, reviews, rating
suggestions, personal information, or other material
("Contributions"). Any Submission that is publicly posted shall
also be treated as a Contribution.
You understand that
Contributions may be viewable by other users of the Services.
When
you post Contributions, you grant us a license (including use of
your name, trademarks, and logos): By posting any Contributions,
you grant us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to: use, copy, reproduce, distribute, sell,
resell, publish, broadcast, retitle, store, publicly perform,
publicly display, reformat, translate, excerpt (in whole or in
part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose,
commercial, advertising, or otherwise, to prepare derivative works
of, or incorporate into other works, your Contributions, and to
sublicense the licenses granted in this section. Our use and
distribution may occur in any media formats and through any media
channels.
This license includes our use of your name,
company name, and franchise name, as applicable, and any of the
trademarks, service marks, trade names, logos, and personal and
commercial images you provide.
You are responsible for
what you post or upload: By sending us Submissions and/or posting
Contributions through any part of the Services or making
Contributions accessible through the Services by linking your
account through the Services to any of your social networking
accounts, you:
confirm that you have read and agree with our
"PROHIBITED ACTIVITIES" and will not post, send, publish, upload,
or transmit through the Services any Submission nor post any
Contribution that is illegal, harassing, hateful, harmful,
defamatory, obscene, bullying, abusive, discriminatory,
threatening to any person or group, sexually explicit, false,
inaccurate, deceitful, or misleading;
to the extent
permissible by applicable law, waive any and all moral rights to
any such Submission and/or Contribution;
warrant that any
such Submission and/or Contributions are original to you or that
you have the necessary rights and licenses to submit such
Submissions and/or Contributions and that you have full authority
to grant us the above-mentioned rights in relation to your
Submissions and/or Contributions; and
warrant and represent
that your Submissions and/or Contributions do not constitute
confidential information.
You are solely responsible for your
Submissions and/or Contributions and you expressly agree to
reimburse us for any and all losses that we may suffer because of
your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
We
may remove or edit your Content: Although we have no obligation to
monitor any Contributions, we shall have the right to remove or
edit any Contributions at any time without notice if in our
reasonable opinion we consider such Contributions harmful or in
breach of these Legal Terms. If we remove or edit any such
Contributions, we may also suspend or disable your account and
report you to the authorities.
Copyright
infringement
We respect the intellectual property
rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or
control, please immediately refer to the "COPYRIGHT INFRINGEMENTS"
section below.
3. USER REPRESENTATIONS
By
using the Services, you represent and warrant that: (1) all
registration information you submit will be true, accurate,
current, and complete; (2) you will maintain the accuracy of such
information and promptly update such registration information as
necessary; (3) you have the legal capacity and you agree to comply
with these Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside, or if a minor, you have received
parental permission to use the Services; (5) you will not access
the Services through automated or non-human means, whether through
a bot, script or otherwise; (6) you will not use the Services for
any illegal or unauthorized purpose; and (7) your use of the
Services will not violate any applicable law or regulation.
If
you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Services (or any portion thereof).
4. USER
REGISTRATION
You may be required to register to use the
Services. You agree to keep your password confidential and will be
responsible for all use of your account and password. We reserve
the right to remove, reclaim, or change a username you select if
we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5.
PROHIBITED ACTIVITIES
You may not access or use the
Services for any purpose other than that for which we make the
Services available. The Services may not be used in connection
with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user of the Services,
you agree not to:
Systematically retrieve data or other
content from the Services to create or compile, directly or
indirectly, a collection, compilation, database, or directory
without written permission from us.
Trick, defraud, or
mislead us and other users, especially in any attempt to learn
sensitive account information such as user passwords.
Circumvent,
disable, or otherwise interfere with security-related features of
the Services, including features that prevent or restrict the use
or copying of any Content or enforce limitations on the use of the
Services and/or the Content contained therein.
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Services.
Use any information obtained from the Services in
order to harass, abuse, or harm another person.
Make improper
use of our support services or submit false reports of abuse or
misconduct.
Use the Services in a manner inconsistent with
any applicable laws or regulations.
Engage in unauthorized
framing of or linking to the Services.
Upload or transmit (or
attempt to upload or to transmit) viruses, Trojan horses, or other
material, including excessive use of capital letters and spamming
(continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Services or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the Services.
Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar
data gathering and extraction tools.
Delete the copyright or
other proprietary rights notice from any Content.
Attempt to
impersonate another user or person or use the username of another
user.
Upload or transmit (or attempt to upload or to
transmit) any material that acts as a passive or active
information collection or transmission mechanism, including
without limitation, clear graphics interchange formats ("gifs"),
1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as "spyware" or "passive collection mechanisms" or
"pcms").
Interfere with, disrupt, or create an undue burden
on the Services or the networks or services connected to the
Services.
Harass, annoy, intimidate, or threaten any of our
employees or agents engaged in providing any portion of the
Services to you.
Attempt to bypass any measures of the
Services designed to prevent or restrict access to the Services,
or any portion of the Services.
Copy or adapt the Services'
software, including but not limited to Flash, PHP, HTML,
JavaScript, or other code.
Except as permitted by applicable
law, decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the
Services.
Except as may be the result of standard search
engine or Internet browser usage, use, launch, develop, or
distribute any automated system, including without limitation, any
spider, robot, cheat utility, scraper, or offline reader that
accesses the Services, or use or launch any unauthorized script or
other software.
Use a buying agent or purchasing agent to
make purchases on the Services.
Make any unauthorized use of
the Services, including collecting usernames and/or email
addresses of users by electronic or other means for the purpose of
sending unsolicited email, or creating user accounts by automated
means or under false pretenses.
Use the Services as part of
any effort to compete with us or otherwise use the Services and/or
the Content for any revenue-generating endeavor or commercial
enterprise.
Use the Services to advertise or offer to sell
goods and services.
6. USER GENERATED CONTRIBUTIONS
The
Services may invite you to chat, contribute to, or participate in
blogs, message boards, online forums, and other functionality, and
may provide you with the opportunity to create, submit, post,
display, transmit, perform, publish, distribute, or broadcast
content and materials to us or on the Services, including but not
limited to text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by
other users of the Services and through third-party websites. As
such, any Contributions you transmit may be treated as
non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant
that:
The creation, distribution, transmission, public
display, or performance, and the accessing, downloading, or
copying of your Contributions do not and will not infringe the
proprietary rights, including but not limited to the copyright,
patent, trademark, trade secret, or moral rights of any third
party.
You are the creator and owner of or have the necessary
licenses, rights, consents, releases, and permissions to use and
to authorize us, the Services, and other users of the Services to
use your Contributions in any manner contemplated by the Services
and these Legal Terms.
You have the written consent, release,
and/or permission of each and every identifiable individual person
in your Contributions to use the name or likeness of each and
every such identifiable individual person to enable inclusion and
use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
Your Contributions are not
false, inaccurate, or misleading.
Your Contributions are not
unsolicited or unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings, or other
forms of solicitation.
Your Contributions are not obscene,
lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
Your
Contributions do not ridicule, mock, disparage, intimidate, or
abuse anyone.
Your Contributions are not used to harass or
threaten (in the legal sense of those terms) any other person and
to promote violence against a specific person or class of
people.
Your Contributions do not violate any applicable law,
regulation, or rule.
Your Contributions do not violate the
privacy or publicity rights of any third party.
Your
Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or
well-being of minors.
Your Contributions do not include any
offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
Your
Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable
law or regulation.
Any use of the Services in violation of
the foregoing violates these Legal Terms and may result in, among
other things, termination or suspension of your rights to use the
Services.
7. CONTRIBUTION LICENSE
By posting
your Contributions to any part of the Services, you automatically
grant, and you represent and warrant that you have the right to
grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide
right, and license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate, transmit,
excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any
purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such
Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats
and through any media channels.
This license will apply
to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service
marks, trade names, logos, and personal and commercial images you
provide. You waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted in your
Contributions.
We do not assert any ownership over your
Contributions. You retain full ownership of all of your
Contributions and any intellectual property rights or other
proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions
provided by you in any area on the Services. You are solely
responsible for your Contributions to the Services and you
expressly agree to exonerate us from any and all responsibility
and to refrain from any legal action against us regarding your
Contributions.
We have the right, in our sole and
absolute discretion, (1) to edit, redact, or otherwise change any
Contributions; (2) to re-categorize any Contributions to place
them in more appropriate locations on the Services; and (3) to
pre-screen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your
Contributions.
8. MOBILE APPLICATION LICENSE
Use
License
If you access the Services via the App, then we
grant you a revocable, non-exclusive, non-transferable, limited
right to install and use the App on wireless electronic devices
owned or controlled by you, and to access and use the App on such
devices strictly in accordance with the terms and conditions of
this mobile application license contained in these Legal Terms.
You shall not: (1) except as permitted by applicable law,
decompile, reverse engineer, disassemble, attempt to derive the
source code of, or decrypt the App; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative
work from the App; (3) violate any applicable laws, rules, or
regulations in connection with your access or use of the App; (4)
remove, alter, or obscure any proprietary notice (including any
notice of copyright or trademark) posted by us or the licensors of
the App; (5) use the App for any revenue-generating endeavor,
commercial enterprise, or other purpose for which it is not
designed or intended; (6) make the App available over a network or
other environment permitting access or use by multiple devices or
users at the same time; (7) use the App for creating a product,
service, or software that is, directly or indirectly, competitive
with or in any way a substitute for the App; (8) use the App to
send automated queries to any website or to send any unsolicited
commercial email; or (9) use any proprietary information or any of
our interfaces or our other intellectual property in the design,
development, manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the App.
Apple
and Android Devices
The following terms apply when you
use the App obtained from either the Apple Store or Google Play
(each an "App Distributor") to access the Services: (1) the
license granted to you for our App is limited to a
non-transferable license to use the application on a device that
utilizes the Apple iOS or Android operating systems, as
applicable, and in accordance with the usage rules set forth in
the applicable App Distributor’s terms of service; (2) we are
responsible for providing any maintenance and support services
with respect to the App as specified in the terms and conditions
of this mobile application license contained in these Legal Terms
or as otherwise required under applicable law, and you acknowledge
that each App Distributor has no obligation whatsoever to furnish
any maintenance and support services with respect to the App; (3)
in the event of any failure of the App to conform to any
applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with its terms
and policies, may refund the purchase price, if any, paid for the
App, and to the maximum extent permitted by applicable law, the
App Distributor will have no other warranty obligation whatsoever
with respect to the App; (4) you represent and warrant that (i)
you are not located in a country that is subject to a US
government embargo, or that has been designated by the US
government as a "terrorist supporting" country and (ii) you are
not listed on any US government list of prohibited or restricted
parties; (5) you must comply with applicable third-party terms of
agreement when using the App, e.g., if you have a VoIP
application, then you must not be in violation of their wireless
data service agreement when using the App; and (6) you acknowledge
and agree that the App Distributors are third-party beneficiaries
of the terms and conditions in this mobile application license
contained in these Legal Terms, and that each App Distributor will
have the right (and will be deemed to have accepted the right) to
enforce the terms and conditions in this mobile application
license contained in these Legal Terms against you as a
third-party beneficiary thereof.
9. SERVICES
MANAGEMENT
We reserve the right, but not the
obligation, to: (1) monitor the Services for violations of these
Legal Terms; (2) take appropriate legal action against anyone who,
in our sole discretion, violates the law or these Legal Terms,
including without limitation, reporting such user to law
enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of,
or disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion
and without limitation, notice, or liability, to remove from the
Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and
(5) otherwise manage the Services in a manner designed to protect
our rights and property and to facilitate the proper functioning
of the Services.
10. PRIVACY POLICY
We care
about data privacy and security. Please review our Privacy Policy:
https://www.termsfeed.com/live/345e9676-d652-436b-9d87-223b55c6fe44.
By using the Services, you agree to be bound by our Privacy
Policy, which is incorporated into these Legal Terms. Please be
advised the Services are hosted in India. If you access the
Services from any other region of the world with laws or other
requirements governing personal data collection, use, or
disclosure that differ from applicable laws in India, then through
your continued use of the Services, you are transferring your data
to India, and you expressly consent to have your data transferred
to and processed in India.
11. COPYRIGHT
INFRINGEMENTS
We respect the intellectual property
rights of others. If you believe that any material available on or
through the Services infringes upon any copyright you own or
control, please immediately notify us using the contact
information provided below (a "Notification"). A copy of your
Notification will be sent to the person who posted or stored the
material addressed in the Notification. Please be advised that
pursuant to applicable law you may be held liable for damages if
you make material misrepresentations in a Notification. Thus, if
you are not sure that material located on or linked to by the
Services infringes your copyright, you should consider first
contacting an attorney.
12. TERM AND TERMINATION
These
Legal Terms shall remain in full force and effect while you use
the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL
TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT
NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES
(INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY
TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we
terminate or suspend your account for any reason, you are
prohibited from registering and creating a new account under your
name, a fake or borrowed name, or the name of any third party,
even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the
right to take appropriate legal action, including without
limitation pursuing civil, criminal, and injunctive redress.
13.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to
change, modify, or remove the contents of the Services at any time
or for any reason at our sole discretion without notice. However,
we have no obligation to update any information on our Services.
We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the
Services.
We cannot guarantee the Services will be
available at all times. We may experience hardware, software, or
other problems or need to perform maintenance related to the
Services, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue,
or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability
whatsoever for any loss, damage, or inconvenience caused by your
inability to access or use the Services during any downtime or
discontinuance of the Services. Nothing in these Legal Terms will
be construed to obligate us to maintain and support the Services
or to supply any corrections, updates, or releases in connection
therewith.
14. GOVERNING LAW
These Legal
Terms shall be governed by and defined following the laws of
India. School Diary and yourself irrevocably consent that the
courts of India shall have exclusive jurisdiction to resolve any
dispute which may arise in connection with these Legal Terms.
15.
DISPUTE RESOLUTION
You agree to irrevocably submit all
disputes related to these Legal Terms or the legal relationship
established by these Legal Terms to the jurisdiction of the India
courts. School Diary shall also maintain the right to bring
proceedings as to the substance of the matter in the courts of the
country where you reside or, if these Legal Terms are entered into
in the course of your trade or profession, the state of your
principal place of business.
16. CORRECTIONS
There
may be information on the Services that contains typographical
errors, inaccuracies, or omissions, including descriptions,
pricing, availability, and various other information. We reserve
the right to correct any errors, inaccuracies, or omissions and to
change or update the information on the Services at any time,
without prior notice.
17. DISCLAIMER
THE
SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO
THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE
THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE
CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE
SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
(1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
(2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND
ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR
FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE
LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY
THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE
MADE AVAILABLE VIA THE SERVICES. WE DO NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE
ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED
IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO
OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION
BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR
IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE
CAUTION WHERE APPROPRIATE.
18. LIMITATIONS OF
LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS,
EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL,
OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF
DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN
IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.
INDEMNIFICATION
You agree to defend, indemnify, and
hold us harmless, including our subsidiaries, affiliates, and all
of our respective officers, agents, partners, and employees, from
and against any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any
third party due to or arising out of: (1) your Contributions; (2)
use of the Services; (3) breach of these Legal Terms; (4) any
breach of your representations and warranties set forth in these
Legal Terms; (5) your violation of the rights of a third party,
including but not limited to intellectual property rights; or (6)
any overt harmful act toward any other user of the Services with
whom you connected via the Services. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the
exclusive defense and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your
expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding
which is subject to this indemnification upon becoming aware of
it.
20. USER DATA
We will maintain certain
data that you transmit to the Services for the purpose of managing
the performance of the Services, as well as data relating to your
use of the Services. Although we perform regular routine backups
of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the
Services. You agree that we shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any
right of action against us arising from any such loss or
corruption of such data.
21. ELECTRONIC COMMUNICATIONS,
TRANSACTIONS, AND SIGNATURES
Visiting the Services,
sending us emails, and completing online forms constitute
electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices,
disclosures, and other communications we provide to you
electronically, via email and on the Services, satisfy any legal
requirement that such communication be in writing. YOU HEREBY
AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND
OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA
THE SERVICES. You hereby waive any rights or requirements under
any statutes, regulations, rules, ordinances, or other laws in any
jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the
granting of credits by any means other than electronic means.
22.
MISCELLANEOUS
These Legal Terms and any policies or
operating rules posted by us on the Services or in respect to the
Services constitute the entire agreement and understanding between
you and us. Our failure to exercise or enforce any right or
provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest
extent permissible by law. We may assign any or all of our rights
and obligations to others at any time. We shall not be responsible
or liable for any loss, damage, delay, or failure to act caused by
any cause beyond our reasonable control. If any provision or part
of a provision of these Legal Terms is determined to be unlawful,
void, or unenforceable, that provision or part of the provision is
deemed severable from these Legal Terms and does not affect the
validity and enforceability of any remaining provisions. There is
no joint venture, partnership, employment or agency relationship
created between you and us as a result of these Legal Terms or use
of the Services. You agree that these Legal Terms will not be
construed against us by virtue of having drafted them. You hereby
waive any and all defenses you may have based on the electronic
form of these Legal Terms and the lack of signing by the parties
hereto to execute these Legal Terms.
23. CONTACT US
In
order to resolve a complaint regarding the Services or to receive
further information regarding use of the Services, please contact
us at:
School Diary
C 102, Anjani Residency
Jambuva
Vadodara,
Gujarat 390014
India
Phone: 9879971663
hello.schooldiary@gmail.com