Acceptance of the Terms of Service
Welcome to Schoolmojo! We are excited to have you as a user and member of the community.
We want to keep our relationship with you as pleasant and informal as possible, but please read the Terms of Service carefully before you start using Schoolmojo, because by using the Application, you accept and agree to be bound and abide by these Terms of Service. You may not use our Services if you are a person barred from receiving the Service under Indian laws or other countries including the country in which you are resident or from which you use the Service. Using this website, you represent yourself not as a minor, completely understand all the terms and is subjected to legal offences (if any occur), we consider that your parents are well aware of your Schoolmojo account and the activities that are being carried out by you. If these terms are accepted by a person that represents a company or organization, when you accept the terms, the terms are accepted by all members of the organization, employees of the company and/or its affiliates, including but not limited to its schools.
Should you disagree with some of the provisions herein, you can either leave the Application (although we’ll be sad to see you go!), or contact us at email@example.com. Schoolmojo is all about bridging the gap between teachers and students and further about connecting parents and teachers in all areas of life where learning &progress is involved, and we’ll be happy to hear your comments and suggestions.
Changes to the Terms of Service and the Application
Schoolmojo will always strive to be a work in progress as we constantly make changes and improvements to serve you better. We also reserve the right to update the Application and these Terms of Service from time to time, at our discretion and without notice. Nevertheless, this document is public on the Website, and you will be able to view the changed terms for any new version. Your continued use of the Application following the publishing of updated Terms of Service means that you accept and agree to the changes.
Accessing the Application, Security and Privacy
We take reliability and security seriously and put significant effort into ensuring that our service operates all the time, and to provide for a secure environment for your data. However, no system is perfectly secure or reliable, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use Schoolmojo you accept these risks.
We are always working hard on improving Schoolmojo, but we can never guarantee that the Application will be up and running 24×7. We also reserve the right to suspend or restrict access to some features. In any case, we will not be liable if for any reason all or any part of the Application is unavailable at any time or for any period, nor for any data loss (see also section 9 below). In such cases, we will make commercially reasonable efforts to bring the service down for maintenance during non-business hours. We will also make commercially reasonable efforts to announce routine maintenance with advance notice.
The Software and apps which you use may automatically download and install updates from time to time from the Company (or its licensors). These updates are designed to improve, enhance and further develop the Service and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit us to deliver these to you) as part of your use of the Service.
To access certain features of the Application you have to register by entering your accurate information including mobile number and generating a OTP (one time password) as part of our security procedures. You must treat such information as confidential, not disclosing it to any third party and only using the Application in person. We have tried to make your signup and login as simple as possible via the OTP and QR code scanner in addition to User Id & Password (web app), in case you sign-out; however, please notify us of any breach of security. We highly recommend that you apply a lock to your mobile screen and the Schoolmojo Application, when not in use. If you register for the Application, you agree to accept all risks of unauthorized access to your account and any other information you provide to Schoolmojo. You are responsible for all activity on your Schoolmojo account. Further, you agree not to
- access (or attempt to access) the Service by any means other than through the interface that is provided by Schoolmojo in connection with the Service, unless you have been specifically allowed to do so in a separate agreement with our Company, or
- engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service)
All the Data is stored on the cloud (AWS by Amazon) and is governed by the policies of the cloud provider. Graduation and Archival Data Store is a complimentary feature offered by the Company currently and can be made a premium/paid feature in future to bear the costs of maintaining the same on the cloud storage. Once you register with the Payment Gateways that are integrated with Schoolmojo, you shall directly work with the concerned Payment Gateway company in case of any issues with the setup, working, transactions and settlements.
It is a condition of your use of the Application that all the information you provide on the Application is correct, current and complete. If your information was provided by the School, you are requested to verify the details and update the same, if required. In the future, you may be asked to provide certain registration details or other information. As custom for mobile applications & internet websites, we reserve the right to disable any user account, at any time in our sole discretion for any or no reason, including, if in our opinion you have failed to comply with any provision of these Terms of Service.
- You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software
Parental supervision is mandatory for users till the age 13 and thereafter advisory. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Schoolmojo’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Schoolmojo’s express written consent.
Access to certain areas of this website is restricted. Schoolmojo reserves the right to restrict access to other areas of this website, or indeed this entire website, at Schoolmojo’s discretion. If Schoolmojo provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Schoolmojo may disable your user ID and password in its sole discretion without notice or explanation.
Intellectual Property Rights and Use Guidelines
The Application features and functionality (including look and feel!), are owned by 28 Nine and are already or in the process of being protected by Indian copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You acknowledge and agree that Schoolmojo (or Schoolmojo’s licensors) own all legal right, title and interest in and to the Service, including any intellectual property rights which subsist in the Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Schoolmojo, nothing in the Terms gives you a right to use any of Schoolmojo’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. Except as provided in Section 7, Schoolmojo acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you create, submit, post, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Schoolmojo, you agree that you are responsible for protecting and enforcing those rights and that Schoolmojo has no obligation to do so on your behalf.
For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Application. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below).
All Content added, created, uploaded, submitted, distributed, or posted to the Application by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is compliant with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Application is at your own risk. You grant Schoolmojo a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.
You also grant Schoolmojo the right to sub-license these rights, and the right to bring an action for infringement of these rights.
The Application may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.
We do not guarantee that any Content will be made available on the Application. We reserve the right to, but do not have any obligation to,
- remove, edit or modify any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Service), or for no reason at all and
- to remove or block any Content from the Application.
User Contributions and Content Standards
Schoolmojo contains user generated content, and also may contain message boards, personal profile pages, forums, blogs or other interactive features that allow you to upload, post, submit, publish, display or transmit to other Users Content on or through the Application. All User Content must be lawful, not spammy, and clear of virus or other malware. More specifically, but without limiting the foregoing, it must comply with the following Content Standards:
- Not contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, malicious or otherwise objectionable.
- Not promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Not infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person or institution.
- Not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service.
- Not be likely to deceive any person.
- Not promote any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling” and “phishing” as those terms are commonly understood and used on the Internet or any illegal activity, or advocate, promote or assist any unlawful act.
- Not modify any logos or brand features without permission.
- Not cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Not be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Not involve in data mining any web property to find mobile numbers or email addresses or any account information.
- Not send any unauthorized mails or SMS via open, third party servers.
- Not involve commercial activities or sales , such as contests, sweepstakes and other sales promotions, barter or advertising. However, any promotional platform built and exclusively provided to Childcare Providers fortheir promotional needs are excluded, if they are legally subscribed to Schoolmojo to use such services.
- Not give the impression that they emanate from us or any other person or entity, if this is not the case.
- Never modify, adapt, translate or reverse engineer any portion of the Service.
- Never reformat or frame any portion of the Application.
We have a zero-tolerance policy when it comes to objectionable content. Any content that we feel is objectionable or that our users have identified as objectionable will be removed and the user who has provided the objectionable content will be ejected from the site. Our promise to our users is that we will act on objectionable content reports within 24 hours.
Schoolmojo provides you with various features that you can enjoy and use for studies. However, while using the features, you must consider the following points:
- Study Material:
- Schoolmojo doesn’t create any study material other than what is provided as subscription package. Such packages may be provided by Content Providers who are in a tie-up with Schoolmojo.
- The various PPT’s, texts and videos are being uploaded by your own teachers.
- Schoolmojo plays no role in the up-gradation of the study material. It is purely dependent on a dynamic structure, where the content gets upgraded according to the evaluation done by the users.
- Only the users with registered schools can upload the study material.
- The teacher and school hold the responsibility of the content that has been uploaded. Schoolmojo has no role in the content that is available in the Study material, we just provide the Teachers with the platform where they can upload.
- Students must not consider this as the final study material. You are advised to consult your textbook & school teachers to confirm the topics.
- You can discuss the problems regarding a particular topic, under its category and can even refer that problem to your teachers.
- Concept Building: The quizzes& practice tests on the website are just to increase your knowledge& help you consolidate your concepts. They must not be considered as a final material for your studies, unless advised by your teachers.
- Schoolmojo Blog: Schoolmojo and its editors hold the complete responsibility of the content being updated in the Schoolmojo Blog. We try to increment the knowledge of students, parents & teachers by regularly updating the blog and keeping the news up to the date. However, it is a user blog and contains the contributions given by the students, parents& teachers and the information collected through various resources to take that news to target viewers, the students, parents or teachers. The facts are not be considered as definitive, there can be some flaws about the facts and incidents, depending on their source.
The content can also be copied if the third party agrees to share the content but it’ll only be published with proper reference from where it has been copied.
The students can submit their submissions to firstname.lastname@example.org
However, any submission does not ensure that it will be published in the Schoolmojo Blog. A submission will only be published after the approval of Schoolmojo’s Editing Team. It is the sole decision of the team and no contributor can interfere in the working of the team. No objections can be raised against the team if any of the submissions is not published.
Anything that you have uploaded/updated on the website, can be used by the Schoolmojo team to publish in Schoolmojo Blog or further usage without your permission for the use.
Use of Services and Fees
The service will be used for the sole purpose of administering the operations of one educational institution including but not limited to K-12 school or primary school or childcare center or an after-school services center or an intermediate or Graduation College with one or more campuses, as per your subscription plan.The fees are charged to schools (B2B) and thus not listed on the website. The subscription fee may vary based on the level of service, subscription packages & promotional offers.The service will initiate a limited time trial period. During the trial period you will ensure that the service will meet your requirements.
Refunds will not be provided for any subscription or any paid account. We do not provide refunds or credit for subscriptions or accounts that are canceled before they expire. In such an instance, the user will continue to have access to the subscription or paid account until the expiry of the subscription or paid account. We reserve the right to offer refunds on a per case basis at our sole discretion. It must be noted that a refund provided at one instance does not create an obligation to do the same in anotherinstance.
License from the Company & Restrictions
You may not (and you may not permit anyone else to):
- attempt to disable or circumvent any security mechanisms used by the Service or any Application;
- upload or otherwise process any malicious content to or through the Service.
Unless the Company has given you specific written permission to do so (e.g., through an open source software license), you may not assign (or grant a sub-license of) your rights to use the Schoolmojo Software, grant a security interest in or over your rights to use the Schoolmojo Software, or otherwise transfer any part of your rights to use the Software.
License from You
You agree that the Company, in its sole discretion, may use your trade names, trademarks, service marks, logos, domain names and other distinctive brand features in presentations, marketing materials, customer lists, financial reports and Web site listings (including links to your website) for the purpose of advertising or publicizing your use of the Service.
Law and Copyright Infringement
We do not undertake to review all material before it is posted on the Application and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. In the unlikely event we receive a disclosure request from an authorized party, we reserve the right to disclose user identities when required to do so by law, including in response to a law enforcement request supported by a valid court order. You waive and hold harmless the Company from any claims resulting from any action taken by the Company during or as a result of its investigations and from any actions taken because of investigations by either the Company or law enforcement authorities.
Use of YouTube Videos and API
Schoolmojo follows all YouTube Terms & Conditions in accordance with the Terms of Service of Google/YouTube which can be checked at the followinglinks:
Disclaimer of Warranties, Limitations of Liability and Indemnification
Your use of Schoolmojo is at your sole risk. The service is provided “as is” and “as available”. We disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. We are not liable for damages, direct or consequential or exemplary damages and/or any and all personal information and/or financial information stored therein resulting from your use of the Application, or from any unauthorized access to or use of our secure servers and/or bugs, viruses or the like which may be transmitted to or through the site, or sites linked to by this site and you agree to defend, indemnify and hold the Company, its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners (collectively, “Company and Partners”) harmless from any claims, losses, liability costs and expenses (including but not limited to lawyer’s fees) arising from your violation of any third-party’s rights. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site or any hyperlinked website or featured in any advertising, and Schoolmojo will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.
You acknowledge that you have only a limited, non-exclusive, nontransferable license to use the Application. Because the Website is not error or bug free, you agree that you will use it carefully and avoid using it in ways which might result in any loss of your or any third party’s property or information.
While Schoolmojo attempts to make your access to and use of the Website safe, we do not represent or warrant that the Application or the Content are free of viruses or other harmful components. In no case shall the Company’s liability to you under this Agreement exceed the aggregate monies actually paid to Schoolmojo or 28 Nine by you for the services which gave rise to such liability.
You specifically acknowledge that Schoolmojo shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Arbitration, Governing Law and Jurisdiction
In the event of any dispute arising out of or in relation to this Agreement, the Parties shall try and resolve the dispute amicably in good faith through negotiations. In case the dispute is not resolved within a reasonable time, both Parties agree to submit the same for arbitration to a sole arbitrator, mutually appointed by the Parties. In the event that the Parties cannot agree upon a sole arbitrator, the Company reserves the right to appoint the same. The arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, as amended. Arbitration proceedings shall be conducted in the English language and the venue shall be Hyderabad, Telangana, India. The award of the arbitration proceedings shall be final and binding on the Parties.
These Terms of Service and any dispute or claim arising out of, or related to them, shall be governed by and construed under the laws of India.
Subject to arbitration clause above, any dispute arising out of or in relation to this Agreement shall be submitted to the sole jurisdiction of the courts of law at Hyderabad, Telangana, India and you irrevocably agree to it.
If you choose to access the Application from locations other than India, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify the Company for your failure to comply with any such laws.
Waiver and Severability
Our failure to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and 28 Nine and govern your use of the service, superseding any prior agreements (including, but not limited to, any prior versions of the Terms of Service). If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
Modification & Termination of the Services
If Schoolmojo in its discretion chooses to cease providing the current version of the Service whether through discontinuation of the Service or by upgrading the Service to a newer version, the current version of the Service will be deprecated and become the Deprecated Version of the Service. Schoolmojo will issue an announcement if the current version of the Service will be deprecated and will make reasonable efforts to continue to operate the Deprecated version for a period of 3 months after an announcement (the “Deprecation Period”) unless required to stop the services by law or if it could create a substantial economic burden or if the Deprecated version could create a security risk or technical burden as determined the Company in its reasonable good faith judgment.
You may discontinue your use of the Service at any time provided you fulfill the commitments outlined in section 6. Schoolmojo may, at any time, terminate your use of the Service if
- you have breached any provision of the Terms (or have acted in manner that clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
- Schoolmojo is required to stop the services by law or if it could create a substantial economic burden or if the Service relies on a third party partner and relation with such partner has expired or terminated or if the Services could create a security risk or technical burden as determined the Company in its reasonable good faith judgment.
If Schoolmojo suspends or terminates your use of the Service with cause (or you voluntarily discontinue your use of the Service), you will have access to your Content for a period of ninety (90) days following such suspension or termination. Fees will continue to be assessed for usage of the Service during the 90-day period. Notwithstanding the foregoing, the rights set forth in this Section are subject to your payment of any outstanding fees due upon and after termination for your use of the Service.
Upon any termination of the Service under this Section or for Privacy issues, these Terms will also terminate, but Sections 4, 7, 8, 9& 10 shall continue to be effective after these Terms are terminated.
Feedback & General Terms
We welcome any comment, question and communication at email@example.com.
There are no third-party beneficiaries to these Terms. The parties are independent contractors, and nothing in these Terms creates an agency, partnership or joint venture. If the Company provides you with a translation of the English language version of these Terms, the English language version of these Terms will control if there is any conflict. You agree that the Company may provide you with notices, including those regarding changes to the Terms, by SMS, email, regular mail, or postings on the Application Service.
The Product (Web and Mobile applications including any enhancements, upgrades or updates) shall be transmitted by the Company to the Licensee through Play store / App store / www.schoolmojo.in website.
The Company shall not be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including but not limited to, governmental action, acts of terrorism, earthquake, fire, flood, epidemics, pandemics or other acts of God, labor conditions, power failures, and Internet disturbances.
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