TERMS AND CONDITIONS (T&C)
This document is an electronic record in terms of Information Technology Act, 2000 and rules made thereunder and as the same may be amended from time to time. Being a system generated electronic record, it does not require any physical or digital signature.
Greetings from Leadership Boulevard Private Limited (hereinafter referred to as “We” or “Our” or “Us” or “Company”). The Company has developed its proprietary Teacher App (“App”). The App can be accessed only by the teachers/ principal/ academic coordinator and AEM (academic excellence managers) and AED (academic excellence directors) of Our schools and of Our partner schools. Access or use of the App in any way whatsoever by any other person/party shall be considered as unauthorized.
The App can be accessed from mobile/smartphone/tablet as per the compatibility of the app. By accessing the App from any mobile/smartphone/tablet, you (hereinafter referred to as “You” or “Your”) expressly agree to be bound by these Terms and Conditions (hereinafter referred to as the “Terms”).
1. Acceptance of Terms, etc.
(b) You consent to have these Terms and all notices provided to You in electronic form.
(a) The minimum age to use the App is 18 (eighteen) years. By using the App and in order to be competent to contract under applicable law, You represent and warrant that You are at least 18 (eighteen) years of age or not a minor in any other jurisdiction from where you access the App.
(b) By using the App, You hereby represent and warrant to Us that You have all right, authority and capacity to enter into these Terms and to abide by all of the terms and conditions thereof.
3. App Account.
(b) Your account details You provide to Us must always be kept strictly private and confidential and should not be disclosed to or permitted to be used by anyone else and You are solely responsible and liable for any and all usage and activity on the App that takes place under Your account.
(c) By agreeing to these Terms, You grant Us the permission to send electronic communications to You as part of Our technology platform offering. This includes but is not limited to sending emails, newsletters, notifications and promotional offers from Us. Should You no longer wish to receive such electronic communications, You may write to us at firstname.lastname@example.org.
(d) You are prohibited from gifting, lending, transferring or otherwise permitting any other person or entity to access or use Your App account in any way whatsoever.
4. App Features.
(a) Teachers can login and create a password to access the App account. Username shall be teacher’s phone number (only if added by the teacher’s school principal in the ERP system provided by Us).
(b) Teachers can download teaching plans assigned to them from Our servers and such plans shall be used only for imparting education to the students of the school.
(c) AEM/AED shall insert resources such as images, videos, audio, pdfs, etc into the App using a USB transfer.
(d) Teachers shall undertake classes for the students using the aforesaid plans and resources.
(e) Teachers shall enter data of the students such as their attendance, assessments (exams), images taken, units covered and daily plans covered.
(f) Teachers shall sync the tablet/device used to access the App which shall send the above data to Our servers.
5. Term and Termination.
(a) These Terms will remain in full force and effect while You use the App or any part thereof, as an authorised user.
(b) You may terminate or disable Your App account at any time and for any reason by deleting or uninstalling the App.
(c) We may terminate or suspend, whether temporarily or permanently, Your App account at any time without notice if We reasonably believe that You have breached these Terms, or for any other reason, with or without cause. After Your App account is terminated or suspended, all the terms hereof shall survive such termination or suspension, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
6. App Usage.
(a) The App is strictly available for Your non-commercial use only.
(b) Without limitation, You will not post or transmit, or cause to be posted or transmitted, any communication or spam message or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any App user or any other third party whatsoever or contacting any App user or using the details of any App user for any purpose not expressly permitted under these Terms.
(c) It is hereby expressly clarified that any of the aforesaid acts undertaken by You shall be to Your sole liability, responsibility, risk and consequences and You hereby agree to indemnify Us for the same.
(d) You agree to take all necessary precautions in all interactions with other App users when You communicate with them through the App.
7. Account Security.
You shall be solely responsible and liable for maintaining the utmost privacy and confidentiality of Your App login and password details as well as for any and all activities that occur under Your said login. You agree to immediately notify Us of any disclosure or unauthorized use of Your login or any other breach of security at email@example.com.
8. Proprietary Rights.
(a) You confirm and agree that We are the owner of the App and of all proprietary information made available to You through the App (except for any personal data pertaining to You or Your school or its students) and hereby retain all proprietary and intellectual property rights in the same, including but not limited to all confidential information.
(b) You undertake not to post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way, and whether partly or fully, any of Our (i) confidential or proprietary information, or (ii) copyrighted or copyrightable material, trademarks, service marks or other proprietary information accessible via the App without first obtaining Our prior written consent.
(c) We or Your school may upload/publish/post any teaching lessons, plans or any learning related resources on the App. You hereby agree that You shall use the same only and solely for the purpose of imparting teaching to the students of the school. Further, such teaching lessons, plans and learning related resources may have copyright protection or not and whether the same may be identified as copyright or not. You undertake not to copy, modify, publish, transmit, distribute, perform, display, commercially use/exploit, sell, reverse engineer or create any derivate works thereof or use the same in any way and for any purpose whatsoever.
(d) By posting information or content on the App, You grant Us unconditionally and in perpetuity, and represent and warrant that You have the right to grant to Us, an irrevocable, perpetual, non-exclusive, fully-paid/royalty-free, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing anywhere in the world. From time to time, We may modify, add or vary existing features or programs of the App or create, add, test or implement new features or programs on the App in which You may voluntarily choose to participate or may be a part of a test group with special access, in accordance with the additional terms and conditions of such features or programs. By participating in such features or programs, You grant Us an unconditional and perpetual right and consent to the terms and conditions (if any) of such features or programs which will be in addition to these Terms.
9. User Information.
(b) It is hereby expressly agreed and understood by You that for exchanging personal contact information of Yours with any other App user, You shall be solely responsible and liable for any and all risks and consequences thereof and You hereby agree to indemnify Us for the same.
(c) Notwithstanding any other provisions of these Terms, We reserve the right to disclose any information that You submit to Us, if in Our sole opinion, We reasonably believe that such disclosure is required to be disclosed (i) for complying with applicable laws, requests or orders from law enforcement agencies, appropriate authorities (such as without limitation, child protection agencies, court officials, expert professional investigative agencies and the like) or for any legal process; (ii) for enforcing these Terms; (iii) for protecting or defending Ours, Your school’s and/or its students’, any App user’s or any third party's rights or property; or (iv) for supporting any fraud/ legal investigation/ verification checks. You acknowledge and understand the provisions of this Clause 9 (c) and grant Us an unconditional, perpetual right and permission to make such disclosure.
(d) By using the App, You hereby permit Us to use the information You provide Us, including Your experiences to facilitate Us to improve the App and its functionality, including the permission to publish Your non-personal information in any of Our partner websites.
10. Prohibited Activities.
We reserve the right to investigate, suspend and/or terminate, whether temporarily or permanently, Your App account with Us if You undertake any of the following acts:
(b) abuse, impersonate or defame Us or Our school or Our partner school and/or its students or any App user or any other person, entity or any religious community;
(c) use the App for any commercial use or activity not expressly permitted under these Terms;
(d) share solutions to homework assignments or exam papers or assessment papers for the students unless permitted by Your school;
(e) “stalk” or otherwise harass any App user or any other person, including any student of Your school;
(f) make any statements, whether expressed or implied, and whether privately or publicly, as those endorsed by Us or Your school without Our or Your school’s specific prior written consent as the case may be;
(g) use the App in an illegal manner or commit an illegal act or use the App not expressly authorized by Us or by Your school;
(h) use any robot, spider, tool, site search/retrieval application, or other manual or automatic device or process to retrieve, index, ‘data mine’, or in any way reproduce or circumvent the navigational structure or presentation of the App;
(i) collect any personal information, including contact details, of any App users by electronic or any other means and for any purpose, not expressly permitted under these Terms;
(j) send any unsolicited email or any other communication in any way whatsoever not expressly permitted under these Terms;
(k) undertake any unauthorized framing of or linking to the App or “frame” or “mirror” any part of the App, without Our prior written authorization;
(l) interfere with, obstruct, destroy or disrupt the App or the servers or networks connected to the App, whether partly or fully and whether permanently or temporarily;
(m) email or otherwise transmit any content or material that contains software viruses, malware, spyware or any other computer code, files or programs designed to interrupt, destroy, disrupt or limit the functionality of the App or of any computer software or hardware or telecommunications equipment connected with the App;
(n) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the App (either directly or indirectly through use of any third party software);
(o) use meta tags, code, programs or other devices, tools or technology containing any reference to Us or the App (or any trademark, trade name, service mark, logo or slogan of Ours) to direct any person to any other website or application for any purpose;
(p) directly or indirectly modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the App; or
(q) post, use, transmit or distribute, directly or indirectly, in any manner or media any content (whether textual, graphical, images, audio, video, audio-video or any combination thereof) or information obtained from the App other than solely in connection with Your use of the App in accordance with these Terms.
11. Content Posted by You.
(a) You are solely responsible for any and all content or information that You post, upload, share, publish, link to, transmit, record, display or otherwise make available (hereinafter collectively referred to as “publish”) on the App or transmit to other App users, including text messages, chat, audio, video, photographs, images, graphics or any combination thereof, whether publicly published or privately transmitted (hereinafter collectively referred to as “Content”).
(b) We do not verify or validate the completeness, accuracy or truth of any Content You publish on or through the App. We are not the publisher of the Content and only provide You with a technology platform to facilitate You to publish such Content. Further, We are merely acting as a technology platform service provider and assume no responsibility or liability of any sort whatsoever for providing such platform to facilitate App users such as You to publish the Content. To protect the integrity of the App, We reserve the right to exercise editorial control over Your Content, including the right to block any user, including You, from accessing the App, whether temporarily or permanently.
(c) You shall not publish to Us or to any other App user (either on or off the App), any offensive, inaccurate, incomplete, inappropriate, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material or content that infringes or violates Ours or any person’s rights (including intellectual property rights, and rights of privacy and publicity).
(d) You represent and warrant that (i) all information and Content that You submit upon creation of Your App account, including information submitted from any permissible linked third party account, is accurate, complete and truthful and that You will promptly update any information provided by You that subsequently becomes inaccurate, incomplete, misleading or false and (ii) You have the right to publish the Content on the App and grant the licenses and privileges as agreed in these Terms.
(e) You understand and agree that We may monitor or review any Content You publish on the App. We may delete any Content, in whole or in part, that in Our sole judgment violates these Terms or may harm the reputation of the App or Ours or Our school or Our partner schools and/or their students.
(f) By publishing Content on the App, You automatically grant Us and to Our affiliates, licensees, successors and assigns, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up/royalty-free, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any publishing and use of Your Content by Us will not infringe or violate the rights of any third party.
(g) You shall not publish, upload, modify, display, publish, transmit, update, share or otherwise make available Content that:
(i) promotes racism, bigotry, hatred or physical harm or injury of any kind against any religion, group, community or individual;
(ii) advocates harassment or intimidation of another person;
(iii) relates to or promotes or encourages money laundering, sex trafficking or gambling;
(iv) requests money from, or is intended to otherwise defraud, other users of the App;
(v) involves the transmission of “junk mail”, “chain letters,” or “spamming” or similar activities;
(vi) is offensive, false, misleading, untrue, unlawful, illegal, defamatory, harassing, disparaging, obscene, sexually explicit, blasphemous, scandalous, libelous, threatening, abusive, hateful, harmful, bigoted, racially offensive, invasive of privacy right of any person, or otherwise objectionable or inappropriate;
(vii) belongs to another person and to which You are already aware that the same does not belong to You or that You do not have any right to the same;
(viii) directly or indirectly deals with child pornography;
(ix) is an illegal or unauthorized copy of another person’s copyrighted work;
(x) contains video, audio, photographs or images of a person without his or her permission (or in the case of a minor, the minor’s legal guardian);
(xi) contains unauthorised, restricted or password only access pages or hidden pages or images;
(xii) provides material or any content that exploits people in a sexual, violent, obscene or other illegal manner, or solicits personal information from anyone for any purpose not expressly permitted hereunder;
(xiii) provides information about illegal activities prohibited by applicable laws;
(xiv) contains or disseminates viruses, time bombs, trojan horses, worms or other harmful or disruptive codes, components or devices;
(xv) impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
(xvi) provides information or data You do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
(xvii) disrupts the normal flow of communication between App users or otherwise negatively affects a users’ ability to engage in real time communication through the App;
(xviii) solicits passwords or personal identifiable information for commercial, unauthorised or unlawful purposes from other users or disseminates another person’s personal information without his or her permission;
(xix) contains any advertising or commercial messages not expressly permitted under these Terms;
(xx) infringes upon or violates any third party's right to privacy, including any intellectual property rights;
(xxi) hinders the App functionality in any way or interferes or affects other App users’ use and enjoyment of the App; or
(xxii) violates any applicable law for the time being in force;
We reserve the right, in Our sole discretion, to investigate and take any legal action against anyone who violates this Clause 11(g), including deleting or removing the offending Content from the App and/or terminating or suspending the App account of such violating users. Whilst We reserve Our right to delete or remove such Content, We do not guarantee that such offensive Content will be removed or deleted. Failure by Us to remove or delete such Content does not waive Our right to remove or delete the same in subsequent or similar cases.
(i) We assume no responsibility or liability for any deletion of or failure to store any of Your Content.
(j) The App may include features which may permit students/teachers to chat and exchange files with each other. While availing any such feature, you expressly agree as under:
(i) you shall always use respectful and polite language;
(ii) you shall not use any abusive, foul, derogatory, improper or obscene language;
(iii) any questions to be asked shall be around subject doubts only;
(iv) no personal comments shall be made, including any comments on gender, religion, or appearance of students/teachers; and
(v) any files/attachments, including video/audio files, should not have any obscene or explicit content and should be virus-free
You further expressly acknowledge that exchange of any of such chats/files shall be done solely at sole risk and account and we shall not be liable or responsible for the same in any manner whatsoever. We however retain our discretion and right to remove/delete any such chats/files that we find inappropriate or in violation of any of these Terms. You hereby indemnify us for breach of this Clause 11(j).
12. Modifications to the App.
We reserve the right at any time to modify or discontinue, temporarily or permanently, the App (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the App. Any access or usage by You of the App shall imply that You have accepted any new or modified Terms. Please re-visit these Terms from time to time to stay abreast of any changes that We may introduce.
13. Disclaimer of Warranty.
(a) To the maximum extent permitted by applicable law, We have provided the App on an "AS IS" and "AS AVAILABLE" and “BEST EFFORTS” basis and grant no warranties of any kind, whether express, implied, direct, indirect statutory or otherwise with respect to the App or any part thereof (including all content contained therein), including any implied warranties of correctness, validity, accuracy, completeness, appropriateness, fitness, compatibility for a particular purpose or outcome or non-infringement. We do not warrant that the use of the App will always be secured, uninterrupted, available, error-free or will meet Your requirements or expectations, or that any defects in the App will be corrected or result in the desired results. We disclaim liability for, and no warranty is made with respect to, the connectivity and availability of the App at all times and the results of the use of the App.
(b) From time to time, We may offer new features or tools which Our App users may experiment or experience. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at Our sole discretion. The provisions of this Disclaimer of Warranty section shall apply with full force to such features and tools.
(c) We accept no responsibility for any damage, loss, liabilities, injury or disappointment incurred or suffered by You as a result of the App.
14. Limitation of Liability.
(a) To the maximum extent permitted by applicable law, in no event will We be liable for any incidental, special, consequential or indirect damages arising out of or relating to the use or inability to use the App, result of using the App including, without limitation, damages for recommendation of the App, outcome of verification checks, loss or corruption of data or programs, service interruptions and procurement of substitute services, even if We know or have been advised of the possibility of such damages. To the maximum extent permitted by applicable law, under no circumstances will We be liable for any liquidated or punitive damages.
(b) To the maximum extent permitted by applicable law, in no event will We be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, liquidated, punitive arising out of or relating to recommendation of the App, the conduct of any App user or anyone else in connection with the use of the App, including without limitation, bodily injury, emotional distress, mental stress, financial loss and/or any other losses or damages resulting from using the App or any of the Content therefrom.
You agree to indemnify, defend and hold Us harmless, as well as Our affiliates and each of their respective officers, directors, employees, agents, consultants, partners and other related or affiliated third parties, from and against any and all losses, claims, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of Your use of the App, including but not limited to (i) any violation by You of these Terms, or (ii) any action arising from the Content that You publish on the App or using the App that infringes any proprietary or intellectual property rights (e.g. copyright, trade secrets, trademark or patent) of any third party, or (iii) any content or communication that denigrates, libels or invades the privacy right of any third party. We reserve the right, at Our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and You will co-operate fully in asserting any available defenses in such case.
(a) We may check Your account profile strictly for verifying accuracy of profile information and any unsuitable, objectionable or inappropriate content. However, We may not be able to verify the identity of all users or the accuracy of their content, nor can We guarantee that We will be able to identify all unsuitable, objectionable or inappropriate content. Please do not take any Content as fully accurate and/or complete. We will not be liable or responsible for any false and misleading Content and information given by any user. If You have any concerns over any such Content, please write to us on firstname.lastname@example.org with the details thereof.
(b) You hereby acknowledge and agree that You shall ensure that at all times Your interaction with other users of the App will always be lawful and appropriate and that You alone shall be responsible for all consequences thereof.
(a) Entire Agreement: These Terms constitutes the entire agreement between You and Us regarding the subject matter hereof, and replaces and supersedes any and all prior agreements/ understandings/ correspondences, whether written or oral, between You and Us.
(b) Amendment: We reserve the right to amend these Terms from time to time. Any such amendments will be applicable to all persons viewing/accessing/using the App once the revisions have been posted onto the same. You should therefore check the App from time to time to review the current Terms as applicable to You.
(c) Survival: Termination or suspension of Your App account shall not affect those provisions hereof that by their nature are intended to survive such termination or suspension.
(d) Governing Law and Jurisdiction: These Terms shall be governed and construed in accordance with the laws of India in relation to any legal action or proceedings to enforce the same. The Parties irrevocably submit to the exclusive jurisdiction of any competent courts situated at Mumbai and waive any objection to such proceedings on grounds of venue or on the grounds that the proceedings have been brought in an inconvenient forum.
(e) Severability: If any provisions of these Terms are held invalid or unenforceable under applicable law, such provision will be inapplicable, but the remainder will continue in full force and effect.
(f) Waiver: No waiver of any term, provision or condition of this Agreement whether by conduct or otherwise in any one or more instances shall be deemed to be or construed as a further or continuing waiver of any such term, provision or condition or of any other term, provision or condition of these Terms.
18. Contact Us.
Last Updated on: 01/04/2020