"Divinotech" "we" "us" or "our" shall mean, Divinotech Infotech Private Limited, a company registered under Companies Act 1956, having its registered address at B-301, Times Square Building, 1, Andheri - Kurla Rd, Marol, Andheri East, Mumbai, Maharashtra 400059 India.
"Users", "You", "Your" shall mean and include the schools, its teachers and parents, who accesses the Kampuskonnekt Platform for availing the Services. "Platform", "Kampuskonnekt Platform" means and includes Kampuskonnekt Website and Kampuskonnekt Mobile App developed and owned by Divinotech, to enable the Users to avail the Services through the Platform.
"Services" shall mean Services offered through the Platform, to the Users, which shall include
"School" shall mean and include all the schools registered on the Platform.
"Online Stores" means Android and iOS stores or any other online store or portal where the App would be available for download
Divinotech together with its subsidiaries are the creator of this Platform and accordingly its owners and/or operators are parties to this Agreement.
By using our Services User provide us with information, files, and folders that User submits to Platform (together, "your files"). User retains full ownership of the files. Divinotech do not claim any ownership on any of it. These Terms do not grant us any rights to User’s files or intellectual property except for the limited rights that are needed to render the Services, as explained herein.
We may need User’s permission to do things the User asks us to do with User’s files, for example, hosting files, sharing them at User’s discretion or sending reminders. User gives us the permissions we need to do those things solely to provide the Services. This permission also extends to trust third parties we work with to provide the Services.
The Platform is a free to use Platform which helps to facilitate communication between the schools, their teachers and students. Schools may use the Platform to send out instant messages to parents. The Schools may create various groups as per their preferences and specific messages could be sent out to each or all of the groups. The Platform helps parents to receive the messages of any updates notifications, activities, or achievements of their children instantly on their smartphones.
The Platform provides features that allow User to share the files with others using the Platform. There are many things that Users may do with the files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public, Divinotech has no responsibility for any such activity. Divinotech shall not assume and shall not be liable for any and all claims which may arise do to sharing of such files. You shall be solely responsible for sharing your files.
As a condition to using Services, you must register on the Platform by choosing the role of the User either as the School, teacher, parent or student and thereafter select a password and user name ("User ID"). You will provide Divinotech with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Divinotech reserves the right to refuse registration of or cancel a User ID in its discretion. You will be responsible for maintaining the confidentiality of your password.
User represent, warrant, and agree that no content/details shared by the User on the Platform ("User Content"), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.
User grants Divinotech a personal, limited, revocable, non-transferable and nonexclusive right to use the User Content, for the providing the Services. User also grants Divinotech the right (i) to display User Content on the Platform (ii) promote or distribute it for the access of other Users.
User agrees that any content provided as a result of any communication between User and Divinotech, shall be deemed to be a submission. All content of the submission, shall become the exclusive property of Divinotech and may be used, without further permission,
Users further agree not to use the Platform, or any part thereof,
Access to and use of the Services and the features therein are free, however in future, Divinotech may revamp and enhance the Services or features and thereby may provide new or additional special features which Divinotech may charge for. Therefore, in future Divinotech reserves the right to require payment of fees from requisite Users for certain additional Services, User will pay all applicable fees for those Services, as will be described on the Services as notice. If User continues to use those Services following such notification, that use constitutes User’s acceptance of any new or increased charges.
It is hereby clarified that the Users of Platform may be required to commercially transact through the Platform for various purposes like for instance- payment of school fees/holiday fees by the parents to such respective schools, colleges, educational institute, universities etc. Such commercial transactions shall be conducted by the Users based on the commercial understanding they have with the respective schools, colleges, educational institutes, universities etc. and vice versa (collectively all ‘Payment Transactions’ between the Users of the Platform) without any liability to Divinotech. The Users of Platform hereby agree, acknowledge that they are aware that any and all ‘Payment Transactions’ which they enter as per the commercial understanding with the other Users of the Platform shall be directed to the system of the payment getaway provider (‘Pay U’) and such systems of Pay U shall have complete control for facilitating such Payment Transactions in a safe and secure manner and Divinotech and its systems shall no have no control over such Payment Transactions.
All commercial/contractual terms for the Payment Transactions are offered by and agreed to between the Users alone. The commercial/contractual terms include without limitation price, fees, admission fees, administrative fees, payment methods, payment terms, date, period warranties etc. related to the services. Divinotech does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms pertaining to the Payment Transactions between the Users of Platform. Further, Divinotech shall not be liable to the Users or any third party for any indirect, special, incidental, consequential, punitive or exemplary damages or loss of any kind including but not limited to loss of profit, loss of revenues, business interruption, loss of business information, increased costs of operation or other commercial or economic loss, litigation costs and the like) howsoever caused, in connection with the ‘Payment transactions’ between the Users and PayU or between the Users through PayU.
It is hereby understood, accepted and agreed by the Users that the payment facility vide a payment gateway ‘PayU’ provided in the Platform is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks.
Further, by providing payment facility through PayU, Divinotech is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price. The Users of Platform hereby agree, acknowledge that upon transacting through PayU, they are bound under the terms and conditions of PayU without any recourse or liability to Divinotech.
Note that, by using the Services, User may receive e-mail or text messages on the phone or mobile device, which may cause the User to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are User’s sole responsibility. User shall consult with his wireless carrier to determine what rates, charges, fees, or costs may apply to User’s use of the Services. Divinotech is not liable for such charges in any manner whatsoever.
The Platform allows school administrators, teachers and parents to stay connected at all times. The key features of this Platform are as under;
If the User is an Educational Institute the Educational Institute must maintain the accuracy of the information relating to the Educational Institution. The Educational Institute shall only permit its teachers who are the current employees of the Educational Institutions to create the groups. Upon termination of employment of the teacher, the Educational Institute will require such teacher to delete and cease using the group. The Educational Institutes shall reserve the right to add, delete, invite any teacher to join the group. Divinotech shall not be responsible for any such decisions taken by the Educational Institutions.
If the Users are the End Users, the End Users agree and understand that, they shall receive notifications from only those groups, to which the End Users are a member. Once the End Users are a part of a particular group, the existing members of the group, shall be able to view personally identifiable information, as well as the, notifications, messages posted on the group by the End Users. The End Users can communicate amongst each other by creating such groups. The End Users agree and undertake not to post any message or notification which would hurt the sentiments or feelings of other End Users s. The End Users agree that they shall not post any wrong or misleading messages or notification on the groups. Users also agree and understand that, Divinotech do not have any control over the interactions, messages, or notifications that the User receives through the group, neither Divinotech verify the genuineness or reliability of any content shared through such groups.
Divinotech logo and other trademarks of Divinotech including unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. User agrees that User will not use contents of the Platform to infringe the Intellectual Property Rights of Divinotech in any way. User must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Divinotech Software, third party software, or any Content accessed on the Platform. All contents of the Platform are: Copyright 2017 Divinotech Infotech Pvt. Ltd. and/or its subsidiaries. All rights reserved.
User acknowledge that Divinotech does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, audio files or other sounds, photographs, videos, or other images (collectively, the "Content") which User may have access to as part of the Services, or through User’s use of this Platform. Under no circumstances, Divinotech shall be held for liable any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform. User understand that by using this Platform, User may be exposed to Content that is offensive, indecent, or objectionable. User agrees that User shall be solely responsible for reuse of Content made available through the Platform.
Subject to terms and conditions of this Agreement, Divinotech hereby grant User a non- exclusive, non-assignable, non-transferable and limited license to use the Platform and the Services, in accordance with this Agreement, only.
Users use of the Services is subject to all applicable local, state, national laws and regulations and the rules. Users agree not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Services and further agree not to use the Services as part of any another application, upload of any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code,track or monitor the other users, do anything that puts an enormous/ unreasonable load on our servers, copy or create derivative work.
Divinotech may in the future, incorporate certain functions that allow you to use the Services through your accounts on certain supported third party services, such as social network platforms etc. ("Linked Accounts"). If you choose to use such features, you understand and agree that Divinotech may be required to access or use your Linked Account, You grant Divinotech the necessary rights as may be required. Your use of Linked Accounts shall always be subject to the rules and regulations or terms of services applicable to such social network platform.
If the User uses Kampuskonnekt Prime then in addition to the terms and conditions that are applicable for Kampuskonnekt Users, following additional terms and conditions shall also be applicable to such Users of Kampuskonnekt Prime:
Teacher User: Any person working or performing the role of teacher in any school or otherwise, and registered under Kampuskonnekt/Kampuskonnekt Prime as User.
Reviewer: Any person registered under Kampuskonnekt/Kampuskonnekt Prime as User and performs the role of reviewing the Question Content submitted by Teacher User
Question Content: Questions submitted by teacher User within Kampuskonnekt Prime
Selected Question: Question Content reviewed and approved by Reviewer
Question Points: For each Selected Questions, Teacher User associated with Selected Questions, are awarded points under Kampuskonnekt Prime, such points awarded to Teacher user are called as Question points
Defunct Questions: Any question submitted by Teacher User and rejected by reviewers.
Review Points: The Reviewers associated with each Selected Question are awarded Review points.
Teacher User shall submit Question Content into Kampuskonnekt Prime. Teacher User while submitting the Question Content shall ensure that Question Content are in accordance to the acceptable standards of education and does not violate any representations as provided under such Kampuskonnekt Prime terms and conditions for submission of Content into Kampuskonnekt Prime. The Question Content so submitted by Teacher Users shall be validated and reviewed by Kampuskonnekt Prime Reviewers registered with Kampuskonnekt Prime. If the Kampuskonnekt Prime Reviewers select the questions from the Question Content submitted by Teacher User then such selected questions shall be marked as selected questions within Kampuskonnekt Prime. For each Selected Question, Teacher User associated with Selected Question, are awarded points under Kampuskonnekt Prime as Question Points. If the Question points accumulated by Teacher User reaches a threshold limit as specified under Kampuskonnekt Prime score card for Teacher User then the Teacher User shall be entitled to apply for encashment of accumulated Question Points, basis the terms mentioned under Teacher User score card, accordingly upon exercise of encashment of Question points by Teacher User, the Teacher User shall be paid by Kampuskonnekt Prime at the then applicable rates for conversion of Question points, which would be then depicted under Teacher User score card. If the Question Content submitted by Teacher User for validation to the Reviewers are found to be Defunct Questions on a repetitive basis then Kampuskonnekt Prime has the discretion to deregister such Teacher User without incurring any liability whatsoever. Teacher user further acknowledges that Kampuskonnekt Prime has the final discretion in deciding the accumulated Question points against each Teacher and its equivalent conversion rate for paying to Teacher User. Teacher User further declare that they are exempted from the preview of GST.
The Reviewers associated with each Selected Question are awarded Review points. If the Review points accumulated by Reviewers reaches a threshold limit as specified under Kampuskonnekt Prime score card for Reviewers then the Reviewers shall be entitled to apply for encashment of accumulated Review Points, basis the terms mentioned under Reviewers score card, accordingly upon exercise of encashment of Review points by Reviewers, the Reviewers shall be paid by Kampuskonnekt Prime at the then applicable rates for conversion of Review points, which would be then depicted under Reviewers score card. The Reviewers are primarily responsible for review of Question Content submitted by Teacher User. Each Reviewer represents to perform the review of Question Content in a diligent manner by taking all reasonable skill and care for review of Question Content. The Reviewers acknowledge that the Question Content reviewed by the Reviewers shall undergo quality analysis check by Kampuskonnekt prime, and during such quality check process for the reviewed question and Selected Questions, if Kampuskonnekt Prime finds that the Selected Question are not of satisfactory quality as per standards of education then in such circumstances, the Kampuskonnekt Prime reserves the right to deregister such Reviewers without incurring any lability whatsoever. Reviewers further acknowledges that Kampuskonnekt Prime has the final discretion in deciding the accumulated Review points against each Reviewer and its equivalent conversion rate for paying to Reviewer.
Parents can avail subscription of Kampuskonnekt Prime, upon payment of requisite subscription fees as mentioned on Kampuskonnekt Prime. Such subscription fees shall be paid in advance before the start of such subscription period. Each subscription period of Kampuskonnekt Prime shall be auto renewed for successive one year period unless the parent terminates the Agreement, by providing at least 30 day prior notice to Kampuskonnekt Prime support team.
Payment by credit card. If as User you are paying by credit card or electronic funds transfer, you authorize Kampuskonnekt Prime to charge your credit card or bank account for all fees payable at the beginning of the Subscription Term and any Renewal Term and any other amounts owing under this Agreement, from time to time. You as User further authorize Kampuskonnekt Prime to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
Payment Information. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. In the event that payment is not made in accordance with this Agreement, you will remain liable to make payment but we reserve the right to terminate or restrict the Subscription Service until payment is made.
Sales Tax. All fees are exclusive of any applicable sales taxes, VAT, which Kampuskonnekt Prime will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service, including all sales, use, value-added, transfer, and telecommunications taxes.
Late Payments. User shall pay interest on all late payments at the lesser of (i) 1.5% per month or (ii) the highest rate permissible under applicable law, calculated daily and compounded monthly. User shall reimburse Kampuskonnekt Prime for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees.
User represent and warrant that all User Content that User post to the Kampuskonnekt Prime Subscription Service shall be User’s wholly original material (except for material that User are using with the permission of its owner), and does not infringe any copyright, trademark or other rights of any third party including without limitation any rights of privacy or publicity.
This is an Agreement for access to and use of the Subscription Service, solely during the Term, and Users are not granted a license to any software by this Agreement. The Subscription Service is protected by intellectual property laws. By using the Kampuskonnekt Prime Platform, Users acknowledge and agree that Kampuskonnekt Prime is the owner of all Intellectual Property Rights relating to the Kampuskonnekt Prime Platform and any other materials provided or made available to User under this Agreement. Nothing in this Agreement shall transfer any ownership or proprietary interest in Kampuskonnekt Prime’ Intellectual Property Rights to Users.
Kampuskonnekt Prime retain all ownership rights in the Kampuskonnekt Software. Users agree not to copy, rent, lease, sell, distribute, alter, or create derivative works based on the Kampuskonnekt Prime Platform or the Subscription Service in whole or in part, by any means, except as expressly authorized in writing by Kampuskonnekt Prime. Kampuskonnekt Prime and other marks that Kampuskonnekt Prime use from time to time are Kampuskonnekt Prime trademarks and Users shall not use them without Kampuskonnekt Prime’s prior written permission.
Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to use Kampuskonnekt Prime. As a minor if you wish to use our products or services, such use shall be made available to minors by their legal guardian or parents. Kampuskonnekt Prime will not be responsible for any consequence that arises as a result of misuse of any kind of Kampuskonnekt Prime’s products or services that may occur by virtue of any person including a minor using the services provided. By using the products or services as User you warrant that all the data provided by you is accurate and complete and that as User you have obtained the consent of parent/legal guardian(in case of minors). Kampuskonnekt Prime reserves the right to terminate your subscription and / or refuse to provide you with access to the products or services if it is discovered that you are under the age of 18 years and the consent to use the products or services is not made by your parent/legal guardian or any information provided by you is inaccurate.
You hereby indemnify, defend, and hold Kampuskonnekt Prime, Kampuskonnekt Prime's distributors, agents, representatives and other authorized users, and each of the foregoing entities" respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of our product and service
PERTAINING TO THE CONTENTS OF THIS PLATFORM, DIVINOTECH MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO ITS ACCURACY, ADEQUACY, SUFFICIENCY, OR FREEDOM FROM DEFECT OF ANY KIND. USERS ASSUME ALL THE RISK OF VIEWING, READING, USING, OR RELYING UPON THIS INFORMATION. UNLESS THE USER HAVE OTHERWISE FORMED AN EXPRESS CONTRACT TO THE CONTRARY WITH DIVINOTECH, USER HAS NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. DIVINOTECH MAKES NO SUCH WARRANTY. USER DOWNLOADS INFORMATION FROM THIS SITE AT THEIR OWN RISK. DIVINOTECH MAKES NO WARRANTY THAT DOWNLOADS ARE FREE OF CORRUPTING COMPUTER CODES, INCLUDING, BUT NOT LIMITED TO, VIRUSES AND WORMS. ANY MATERIAL UPLOADED OR OTHERWISE DEMONSTRATED THROUGH THE PLATFORM IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS ARISING OUT OF UPLOADING ANY SUCH MATERIAL. DIVINOTECH HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO THE USER. USER ACKNOWLEDGES THAT DIVINOTECH HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING WHICH USERS GAINS ACCESS TO THE SERVICES; WHAT CONTENT USER ACCESSES VIA THE SERVICES; WHAT EFFECTS THE CONTENT MAY HAVE ON THE USER; HOW USER MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS USER MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. USER RELEASE DIVINOTECH FROM ALL LIABILITY FOR USER HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. DIVINOTECH RESERVES THE RIGHT, AND SHALL HAVE NO OBLIGATION, TO INSPECT, INVESTIGATE, OR EXAMINE, USER’S USE OF THE SERVICES IN ORDER TO DETERMINE WHETHER A VIOLATION OF AGREEMENT HAS OCCURRED OR TO COMPLY WITH ANY APPLICABLE LAW, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST.
USER AGREES AND UNDERSTANDS THAT, IN THE EVENT OF DISPUTE WITH ONE OR MORE USERS, DIVINOTECH SHALL NOT BE HELD LIABLE FOR ANY CLAIMS, DAMAGES, DEMANDS(ACTUAL AND CONSEQENTIAL) ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING DAMAGES FOR LOSS OF PROFITS GOODWILL,PRIVACY OR DATA.
THE PLATFORM IS A PRODUCT OF PROVIDING A LINK FOR COMMUNICATION BETWEEN SCHOOLS, THEIR TEACHERS AND PARENTS. THE PLATFORM INCLUDES FEEDBACK, UPDATES, ADVICES, ANALYSIS, NOTIFICATIONS, PROVIDED BY THE TEACHERS TO THE PARENTS USING THIS PLATFORM. DIVINOTECH DOES NOT GUARANTEE APTNESS, SUITABILITY, QUALITY, SUCCESS REGARDING ANY SUGGESTIONS SHARED THROUGH THIS PLATFORM. IT IS AGREED AND UNDERSTOOD BY THE USERS THAT, THE PLATFROM DOES NOT HAVE CONTROL OVER THE COMMUNICATIONS, IDEAS OR SUGGESTIONS ETC. PROVIDED THROUGH THE PLATFORM, AND DIVINOTECH SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTS, FAILURES DUE TO SUCH COMMUNICATIONS ADVICES FEEDBACKS ON THE PLATFORM. NO GUARANTEE CAN BE PROVIDED FOR THE COMPLETENESS AND ACCURACY OF THIRD PARTY INFORAMTION DEPICTED HEREIN. THIRD PARTY PROVIDERS ARE RESPONSIBLE FOR THEIR SUPPLIED CONTENT PURSUANT TO APPLICABLE LAW. DIVINOTECH WILL NOT ASSUME RESPONSIBILITY FOR THE THIRDPARTY CONTENT OR CONTENT OF THIRD PARTY WEBSITES THAT ARE DEPICTED OR LINKED HEREIN. SUCH DEPICTION OR LINKS ARE MADE ACCESSIBLE FOR GENERAL REFERENCE PURPOSES ONLY. THIRD PARTY PROVIDERS ARE SOLELY RESPONSIBLE FOR THEIR ENTRIES. HENCE, THEY MAY UPDATE OR CHANGE THE CONTENTS OF THEIR WEBSITE AT ANY TIME WITHOUT THE PRIOR KNOWLEDGE OR CONSENT OF DIVINOTECH. WE EXPRESSLY EMPHASIZE THAT WE DO NOT HAVE ANY INFLUENCE ON DESIGN OR CONTENT OF LINKED WEBSITES. WE, THEREFORE, DISASSOCIATE OURSELVES EXPRESSLY FROM ALL CONTENTS AVAILABLE FROM EXTERNAL SOURCES LINKED TO OUR HOMEPAGE. NOR DO WE ACKNOWLEDGE WHOLLY OR PARTLY EXTERNAL CONTENTS AS OUR OWN. THIS APPLIES TO ALL THE LINKED PAGES CONTAINED TO OUR HOMEPAGE, INCLUDING REFERENCES TO OTHER LINKED SITES. DIVINOTECH RESERVES THE RIGHT TO AMEND OR COMPEMENT THE INFORMATION PROVIDED HEREIN WITHOUT PRIOR NOTICE AND, IF NECESSARY, TO REMOVE THE INFORMATION. THE USERS ARE THERBY REQUESTED, AT ALL TIMES, TO VERIFY THE CORRECTNESS OF THE PUBLISHED INFORMATION WITH THE RESPECTIVE SCHOOL. FAILURE TO DO SO WILL NOT GIVE RISE TO ANY CLAIM OR ACTION OF ANY NATURE AGAINST KAMPUSKONNEKT, BY ANY PARTY WHATSOEVER.
IT IS ALSO AGREED AND UNDERSTOOD THAT, ANY NOTICE OR UPDATES REGARDING ADMISSION TO ANY SCHOOL OR COURSES SHALL BE SUBJECT TO AVAILBILITY OF SEATS, GEOGRAPHICAL LOCATION AND OTHER DYNAMIC FUNCTIONS. THE PARENTS UNDERSTANDS AND ACKNOWLEDGES THAT THE PLATFORM ENDEVOURS TO SHARE INFORMATION, HOWEVER, ULTIMATE DECISION MAKING IS THEIR CHOICE AT THEIR OWN VOLITION AND DISCRETION. THE PLATFORM IS NOT LIABLE FOR ANY OUTCOME OF ADVICE GIVEN IN WHATSOEVER MANNER.
USERS AGREE AND UNDERSTAND THAT THEY SHALL NOT COMMUNICATE, POST, NOTIFY OR MAKE ADVICE REGARDING ANY INFORMATION WHICH IS FALSE, MALAFIDE WHICH MAY MISGUIDE THE OTHER USERS OR WHICH MAY RESULT INTO AFFCETING THE ACADEMIC PROGRESS OF THE STUDENTS. THE USERS SHALL NOT USE THE PLATFORM OR UPLOAD ANY CONTENTS WHICH HURT THE EMOTIONS OR SENTIMENTS OF OTHER USERS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SCHOOLS TEACHERS AND THE SERVICE PROVIDERS LISTED ON THE PLATFORM ARE NOT OUR AFFILIATES AND ARE INDEPENDENT ENTITIES, PROVIDING YOU THE SERVICES WHICH ARE AS PER YOUR REQUIREMENTS. WE ESPECIALLY DISCLAIM ANY OBLIGATIONS, LIABILITIES OR RESPONSIBILITIES IN RELATIONS TO ACADEMIC ADVICES, NOTIFICATIONS, UPDATES OR ANY OTHER SIMILAR ADVICE PROVIDED TO YOU THROUGH THE PLATFORM. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF SUCH ADVICE OR ANY SIMILAR INFORMATION PROVIDED THROUGH THE PLATFORMPROPELUM SHALL NOT ACCEPT ANY RESPONSIBILITY FOR ANY INTERACTION BETWEEN YOU AND THE RELEVANT THIRD PARTY AND IS RELEASED FROM ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH INTERACTION. DIVINOTECH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER MEMBERS AND/OR THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES
USER UNDERSTAND AND AGREE THAT DIVINOTECH SHALL NOT BE LIABLE TO THE USER 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 (EVEN IF DIVINOTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE , ITS SERVICE; (ii) PROCUREMENT OF GOODS AND SERVICES, INFORMATION OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM AND/OR ITS SERVICE; (iii) ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM AND/OR SERVICE.
Fees once paid through the payment gateway shall not be refunded other than in the following circumstances: Multiple debits from the End Users’ Card/Bank Account or End User's account being debited with excess amount in a single transaction due to system or technical error. It is clarified that if fees the transferred to Educational Institutes account, then the refunds shall be subject to the approval of the Educational Institutes. Divinotech and/or the Educational Institutes, shall, only in these cases, refund the excess amount excluding the payment gateway charges, including but not limited to TDR, service tax and convenience fees to be paid to the payment gateways, to the End User. The End Users understands that no refund shall be processed after a period of 180 days from the date of completion of the transaction for which they are seeking refund. The End User will have to make an application for refund along with the transaction number generated at the time of making payments. The application will be processed after verification, if the claim is found valid, the appropriate amount will be refunded by the Divinotech, through electronic mode in favour of the End User.
The Educational Institutions hereby agree that all refunds and chargebacks shall be their sole responsibility and Divinotech shall not be liable for any claims or disputes which may arise in connection with such refunds or chargebacks. The Educational Institutions agrees to indemnify Divinotech in respect of any claims, disputes, penalties, costs and expenses arising directly or indirectly in relation to refunds or chargebacks for all transactions initiated and instructed through Website.
This Agreement will remain in full force and effect while the user use the Services. User may terminate User’s use of the Services or User’s account at any time by contacting us at email@example.com Divinotech may suspend or terminate User’s access to the Services, Platform or User’s account at any time, for any reason (without cause or for User’s violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with User’s membership. Upon termination of User’s account, User’s right to use the Services, access the Platform, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
User may not assign any of User’s rights in these Terms, and any such attempt is void, but Divinotech may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Without limiting the foregoing, under no circumstances shall Divinotech be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labour, fluctuations in heat, light, fire or air.
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