Terms & Conditions
SCHOOLIN TERMS OF SERVICE
ACCEPTANCE OF TERMS OF SERVICE
“SCHOOLIN” is an online platform, website and/or mobile application (“Application”).
Schoolin provides information on schools and their admission process for schools in Mumbai based on the information collated and derived by us from the schools listed on the Application. It also provides information on a curated list of Preschools, Daycares, Afterschool activities.
These Terms of Service (“the Terms”) govern the use of Application by the Customer(s). By accessing and/or using this Application, you agree and acknowledge that you have read these Terms and that you will be legally bound by these Terms as may be modified and/or amended by Schoolin without prior notice from time to time.
Services provided by and through the Application are for information purposes only.
DEFINITIONS
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“Customer(s)/You / Your” refers to user(s) of this Application.
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“Intellectual Property Rights” includes all right(s), title(s) and interest(s), without limitation, in the copyright, designs, trade marks, patents, trade secrets, whether or not registrable in India and/or worldwide subsisting in the Application and/or relating to services and/or in the related technology, methods, and/or design and/or architecture.
MEMBERSHIP/USAGE
The membership/usage of the Application is restricted to persons above 18 years of age or to minor(s) who possess express written legal parental or guardian consent, and are in a position so as to be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and who are competent to contract as per the Indian Contract Act, 1872 and who are capable of abiding by and comply with these Terms under the laws of India.
Further, you are solely responsible for protecting the confidentiality of your username and password and any activity under your account will be deemed to have been done by you. In the case that you provide us with false and inaccurate details or the Company has reasonable reasons to believe you have done so, the Company holds the rights to suspend your account and/or terminate this Agreement without it being held liable for the same.
You understand that all right(s), title(s) and interest(s) in and to the Application downloaded on to your phone or device is owned by us and we may automatically upgrade and/or update the Application and these Terms shall apply to the upgrades and/or updates as well, without further intimation to you.
PAYMENT
The installation and use of this Application is free of cost. You hereby understand that this no charge policy maybe amended at any time in the discretion of the Company.
USE OF SERVICES
In order to avail services of the Company under the Application, you will have to create an account through the website and/or mobile application of “SCHOOLIN”. “SCHOOLIN” shall collect the name, address, mobile number, email address, venue information and personal information from you including your child/children’s name, age, and sex for the purpose of creating an account on our Application.
All information so collected from you or end-users will be kept private and secure and will be shared only with our experts on a need to know basis.
BREACH OF THESE TERMS OF SERVICE
You understand that we reserve the right to deny providing our services if we have a reason to believe that there could be a potential misuse of the Application or its content by you.
If you have, or we have reasonable grounds to believe, that you have violated these Terms in any way or misused the Application and/ or our services, we reserve the right to amend, modify, restrict, suspend or discontinue your access to any or all parts of the Application without prior notice 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.
INTELLECTUAL PROPERTY RIGHTS
All right(s), title(s) and interest(s) including but not limited to ownership of copyright, trade marks, designs, patents and all other Intellectual Property Rights in and to any and all designs, layouts, technology, methods, interfaces, images, screen shots, icons , logos, marks, names, Applications, softwares, codes, executables, algorithms, methods, flowcharts, know-how, trade secrets, formulae, infrastructure, application-server-sms architecture, source codes, processes, improvements etc. in the Application and/or relating to services shall vest solely, exclusively and in perpetuity for the whole world with the Company and/or its successors and/or assigns.
Use of the Application and/ or our services shall give you only a limited right to use the interface and/or Application for the purpose of referring to information posted therein.
You shall not be entitled to reproduce or make copies or distribute or make adaptations or reverse engineer or in any manner commercially exploit the information of the Company and Intellectual Property Rights including but not limited to the trade mark and trading name ‘SCHOOLIN’ without prior written license of Company.
You shall not commit any act and/or omission which is likely to jeopardize and/or prejudice and/or dilute and/or challenge the ownership and/or right(s) and/or title(s) and/or interest(s) of Company in the Intellectual Property and/or the Application.
DISCLAIMER AND LIMITATION OF LIABILITY
All information provided on the Application is intended for reference purposes only and shall in no manner be substituted for professional advice. The Company is not liable and/or responsible for any services and/or information provided to you on the Application. The Company is merely aggregating information provided by Schools listed on the Application and does not select, edit or modify it in any manner. The Company has no affiliations with any of the Schools listed on the Application.
Accordingly, the Company will not be liable for:
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Any inconvenience caused due to information conveyed to you by any of the Schools listed on the Application;
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Any type of inconvenience suffered by you due to the refusal of your Application Form(s) by any of the Schools listed on the Application;
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Any inconvenience suffered by you due to missing of a deadline for submission of the application forms for enrollment in any of the Schools listed on the Application;
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Any negative consequences, repercussions, loss, prejudice or harm caused to you by virtue of referring to the information on the Application.
INDEMNITY
You agree to indemnify, keep indemnified, defend, and hold harmless the Company from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by the Company arising as a result of, or in connection with: (i) your unauthorized use of the Application and for any services of the Company; (ii) your breach of these Terms.
The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Company and you agree to cooperate with the Company’s defense of these claims. You agree not to settle any matter in which the Company is named as a defendant and/or for which you have indemnity obligations without the Company’s prior written consent.
CONFIDENTIALITY
You agree to keep confidential and not to disclose or use for your own benefit or the benefit of any third party (except as may be required for the performance of Advisory Services or as may be required by law), any information which is proprietary or confidential to the Company. The confidentiality obligations in the preceding sentence, however, shall not extend to any information, documents, or materials that (a) become publicly available without breach of this provision, (b) are received from a third party without restriction, and provided further that such obligations herein shall survive the termination of these Terms.
You agree that all personal information collected through the use of the Application, is for use by the experts for storage and will not be used for any marketing or promotional activity beyond the scope of purpose of the Application.
The Company will not use any collected information for purposes other than providing access to the Application. You agree that you have given your express consent to the Company to store and/ or use your information collected through the Application.
RELATIONSHIP
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and the Company and you shall have no authority to bind the Company in any form or manner whatsoever.
ASSIGNMENT
You shall not assign your rights and/or obligations under these Terms to any person.
GOVERNING LAW & COURTS
These Terms shall be governed by and/or interpreted under the provisions of the Indian Laws and any dispute arising out of these Terms and/or connected therewith, including but not limited to its interpretation, existence, performance, non-performance, violation, etc. shall be subject to the exclusive jurisdiction of the courts in Mumbai.
SEVERABILITY
If any provision of these Terms is rendered void, illegal or unenforceable in any respect under Applicable Law, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
FORCE MAJEURE
The Company shall not be held responsible for any delay or failure in performance of any part of these Terms to the extent that such delay is caused by events or circumstances beyond the its reasonable control including but not limited to any acts of God, wars, riots, terrorists, insurrection, accident, fire, flood, explosion, power, civil commotion, or any other unavoidable cause.
ENTIRE AGREEMENT
These Terms constitute the entire agreement between you and the Company with respect to the Application and supersedes all prior agreements and undertakings, both written and oral, with respect to the subject matter hereof.