TERMS OF SERVICEBy signing this document or signing up online for the SMARTSCHOOLZ service (“Service”) or any of the services of Inventrix (“SMARTSCHOOLZ”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). The Services offered by SMARTSCHOOLZ under the Terms of Service include various products and services to help you manage your educational Institution. Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at https://SMARTSCHOOLZ.in/terms. SMARTSCHOOLZ reserves the right to update and change the Terms of Service by posting updates and changes to the SMARTSCHOOLZ website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you. You must read, agree with and accept all of the terms and conditions contained in this Terms of Service agreement before you become a SMARTSCHOOLZ user. If you do not agree, you should decline this Agreement and immediately stop using the Service. Access to the Service is permitted only to those that fully agree with the terms and conditions of this Terms of Service agreement. Violation of any of the terms below will result in the termination of your Account. While service provider prohibits such conduct and Content on the Service, you understand and agree that the service provider cannot be responsible for the Content posted on the Service and you nonetheless may be exposed to such materials. You agree to use the Service at your own risk.
1. Account TermsDon’t use SMARTSCHOOLZ for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service. If we need to reach you, we will send you an email. 1. You must be 13 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service. 2. To access and use the Services, you must register for a SMARTSCHOOLZ account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. SMARTSCHOOLZ may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion. 3. You acknowledge that SMARTSCHOOLZ will use the email address you provide as the primary method for communication. 4. You are responsible for keeping your password secure. SMARTSCHOOLZ cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password. 5. You are responsible for all activity and content such as data, graphics, photos and links that is uploaded under your SMARTSCHOOLZ Account. You must not transmit any worms or viruses or any code of a destructive nature. 6. Your login may only be used by one person - a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows. 7. You are responsible for maintaining the security of your account and password. The service provider cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. 8. The Client undertakes to maintain full confidentiality over the Client's passwords related to the Service and the Client's Account. If the Client becomes aware of any unauthorized use of its password or of the Client's Account, the Client must notify the Service Provider immediately at support. 9. A breach or violation of any term in the Terms of Service as determined in the sole discretion of SMARTSCHOOLZ will result in an immediate termination of your services and lawsuits, if applicable. 10. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). 11. The Client undertakes not to harass, threaten, abuse or harm the Service Provider or other users of the Service in any way.
2. Account ActivationThe person signing up for the SMARTSCHOOLZ Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service. 1. Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service. 2. If you are signing up for the Service on behalf of your employer/Institution Head, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service. 3. If you activate the Payment Gateway service for collecting the fee it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not wish to keep either of the payment accounts active, it is your responsibility to deactivate them. Clients in the European Economic Area 1. Clients that wish to use the Service in European Economic Area (“EEA”) must agree to the Addendum for European Economic Area (“Addendum”). 2. The Addendum forms a part of these terms for Clients that wish to use the Service in EEA. 3. If you do not agree to the Addendum, you must immediately cease to use the Service. 4. The Addendum is available at www.SMARTSCHOOLZ.in/gdpr-addendum
4. SMARTSCHOOLZ RightsWe can modify, cancel or refuse the service at anytime. In the event of an ownership dispute over a SMARTSCHOOLZ account, we can freeze the account or transfer it to the rightful owner. 1. We reserve the right to modify or terminate the Service for any reason, without notice at any time. 2. We reserve the right to refuse service to anyone for any reason at any time. 3. We may, but have no obligation to, remove Portal Content and Accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 4. Verbal or written abuse of any kind (including threats of abuse or retribution) of any SMARTSCHOOLZ customer, SMARTSCHOOLZ employee, member, or officer will result in immediate Account termination. 5. SMARTSCHOOLZ does not pre-screen Portal Content and it is in our sole discretion to refuse or remove any Portal Content that is available via the Service. 6. We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that SMARTSCHOOLZ employees and contractors may also be SMARTSCHOOLZ customers/merchants and that they may compete with you, although they may not use your confidential information in doing so. 7. In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc. 8. SMARTSCHOOLZ retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, SMARTSCHOOLZ reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.
5. Limitation of LiabilityWe are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued. Service is “as is” so it may have errors or interruptions and we provide no warranties. 1. You expressly understand and agree that SMARTSCHOOLZ shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service. 2. In no event shall SMARTSCHOOLZ or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, SMARTSCHOOLZ partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party. 3. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. 4. SMARTSCHOOLZ does not warrant that the Service will be uninterrupted, timely, secure, or error-free. 5. SMARTSCHOOLZ does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. 6. SMARTSCHOOLZ does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Waiver and Complete AgreementIf SMARTSCHOOLZ chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and SMARTSCHOOLZ don't apply if they conflict with these terms. The failure of SMARTSCHOOLZ 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 SMARTSCHOOLZ and govern your use of the Service, superseding any prior agreements between you and SMARTSCHOOLZ (including, but not limited to, any prior versions of the Terms of Service).
7. Intellectual Property and Customer ContentAnything you upload remains yours and your responsibility. 1. We do not claim any intellectual property rights over the material you provide to the SMARTSCHOOLZ service. If you no longer would like to continue with our services then you can deactivate your SMARTSCHOOLZ Portal at any time by sending an email to support to deactivate your Account. A confirmation email will be sent to you confirming the deactivation. 2. You retain ownership over all Portal Content that you upload to a SMARTSCHOOLZ. You are responsible for compliance of Portal Content with any applicable laws or regulations. 3. We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose. 4. SMARTSCHOOLZ shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Portal to promote the Service. 5. SMARTSCHOOLZ does not pre-screen Content, but SMARTSCHOOLZ and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service
8. Payment of FeesAll the fee is collected through bank either by transfer into bank account or through payment gateway. The Billing is done yearly and you have to pay upfront to activate your services. Renewal should be done before the expiry of the previous subscription. Maximum of 15 days grace period is given before suspension of services if not renewed. If services are not renewed in time we may not guarantee the availability of previous data. 1. You will pay the Fees applicable to your subscription to Online Service and/or Payment Services (“Subscription Fees”) and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account (“Transaction Fees”), and any fees relating to your purchase of any products or services such as, apps, domain names or Third Party Services (“Additional Fees”). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the “Fees”. 2. Subscription Fees are paid in advance and will be billed in 30 day intervals (each such date, a “Billing Date”). Transaction Fees and Additional Fees will be charged from time to time at SMARTSCHOOLZ’s discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided. As well, an invoice will appear on the Account page of your SMARTSCHOOLZ administration console. Users have approximately two weeks to bring up and settle any issues with the billing of Subscription Fees. 3. All Fees are exclusive of applicable federal, Central, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”). 4. If you are a resident of India, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of SMARTSCHOOLZ’s products and services. These Taxes are based on the rates applicable to the Indian billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate. 5. SMARTSCHOOLZ does not provide refunds for its services or subscriptions. This also includes any convenience fee levied on online transactions done via the customer portal.
9. Cancellation and TerminationTo initiate a cancellation, email Support. SMARTSCHOOLZ will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, PORTALS purchased through SMARTSCHOOLZ will no longer be automatically renewed. If you cancel in the middle of your billing cycle, you’ll have one last email invoice. We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account. 1. You may cancel your Account at anytime by emailing Support. then following the specific instructions indicated to you in SMARTSCHOOLZ's response. 2. Upon termination of the Services by either party for any reason: a. SMARTSCHOOLZ will cease providing you with the Services and you will no longer be able to access your Account; b. unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise; c. any outstanding balance owed to SMARTSCHOOLZ for your use of the Services through the effective date of such termination will immediately become due and payable in full; and d. your Portal website will be taken offline. 3. If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again. 4. We reserve the right to modify or terminate the SMARTSCHOOLZ Service or your Account for any reason, without notice at any time. 5. Fraud: Without limiting any other remedies, SMARTSCHOOLZ may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
10. Modifications to the Service and PricesWe may change or discontinue the service at anytime, without liability. 1. Prices for using the Services are subject to change upon 30 days notice from SMARTSCHOOLZ. Such notice may be provided at any time by posting the changes to the SMARTSCHOOLZ Site (SMARTSCHOOLZ.com) or the administration menu of your SMARTSCHOOLZ Portal via an announcement. 2. SMARTSCHOOLZ reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. 3. SMARTSCHOOLZ shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service. 4. The Client acknowledges and agrees that the form and nature of the Service may change from time to time without prior notice to the Client due to the fact that the Service Provider is constantly innovating and improving the Service. Also, the Client acknowledges and agrees that the Service Provider may stop (permanently or temporarily) providing the Service (or any features within the Service) to the Client at the Service Provider's sole discretion, without prior notice to the Client.
11. Third Party ServicesWe are not responsible for third party services so use them at your own risk. If you use any third party services on the SMARTSCHOOLZ platform, you permit us to send your data to those services. If you use them you agree that we do not provide a warranty, so get advice beforehand. 1. In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, SMARTSCHOOLZ’s partners or other third parties. 2. SMARTSCHOOLZ may from time to time recommend, provide you with access to, or enable third party software, applications (“Apps”), products, services or website links (collectively, “Third Party Services”) for your consideration or use, including via the SMARTSCHOOLZ App Portal. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider (“Third Party Provider”). Any use by you of Third Party Services offered through the Services or SMARTSCHOOLZ’s website is entirely at your own risk and discretion, and it is your responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them. 3. We do not provide any warranties with respect to Third Party Services. You acknowledge that SMARTSCHOOLZ has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on SMARTSCHOOLZ’s websites, including the SMARTSCHOOLZ App Portal, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with SMARTSCHOOLZ. SMARTSCHOOLZ strongly recommends that you seek specialist advice before using or relying on Third Party Services, to ensure they will meet your needs. 4. If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. SMARTSCHOOLZ is not responsible for any disclosure, modification or deletion of your data or Portal Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Portal Content. 5. Under no circumstances shall SMARTSCHOOLZ be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if SMARTSCHOOLZ has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.
12. General Conditions1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis. 2. Among other things SMARTSCHOOLZ does not represent and warrant to the Client that: • the Client's use of the Service will meet the Client's requirements; • the Client's use of the Service will be uninterrupted, timely, secure or free from error; • any information obtained by the Client as a result of the Client's use of the Service will be accurate, correct, reliable and up to date; • defects in the operation or functionality of the Service will be corrected. 3. Technical support is available via email. 4. No warranties (incl. for satisfactory quality, fitness for purpose or conformance with description) apply to the Service except to the extent expressly stipulated in the Agreement. • SMARTSCHOOLZ is not liable for any direct, indirect or consequential damage (incl. loss of profit, loss of data, loss of goodwill or business reputation) of the Client which may be incurred to the Client in relation with the Service, including: • damage resulting from any changes which the Service Provider may make to the Service; • damage resulting from any permanent or temporary interruption in the provision of the Service; • damage resulting from deletion of, corruption of, or failure to store, any Client's Content; • damage resulting from the Client's failure to provide the Service Provider with accurate account information; • damage resulting from the Client's failure to keep the Client's password or the details of the Client's Account secure and confidential. 5. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service. 6. You understand that service provider uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. 7. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Service Provider. 8. The Client must indemnify the Service Provider, its officers, directors, employees, agents, licensors, suppliers, etc. for any and all claims, liabilities, losses, expenses, damage and costs, including attorney's fees, resulting from the breach of the Agreement, and from the activities on the Client Account. 9. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. 10. The Client agrees that the Service Provider may provide the Client with notices, including those regarding changes to the Agreement, by email, regular mail, or postings on the Service. 11. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 12. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages. 13. You must not transmit any worms or viruses or any code of a destructive nature. 14. Nothing in the Agreement shall exclude or limit the Service Provider's liability for damage which may not be lawfully excluded or limited by the laws of Republic of India. 15. The failure of service provider 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 service provider and govern your use of the Service, superseding any prior agreements between you and service provider (including, but not limited to, any prior versions of the Terms of Service).