TERMS AND CONDITIONS

 

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING/USING/INSTALLING THE WEBSITE WWW.THESCHOOLNEXUS.COM  OR/AND THE PRODUCTS INCLUDING THE WEB/MOBILE APPLICATION “SCHOOL NEXUS” (HEREINAFTER REFERRED TO AS “SCHOOL NEXUS” OR “APP OR WEBSITE”), WHICH IS OWNED AND OPERATED BY MICROFLASH SOFTWARE SOLUTIONS (HEREINAFTER REFERRED TO AS “WE” OR “US”). THESE TERMS, AS MODIFIED OR AMENDED FROM TIME TO TIME, CONSTITUTE A BINDING CONTRACT BETWEEN US AND YOU (“YOU” OR “USER”).

 

These terms and conditions (hereinafter referred to as “terms”) as well as the privacy policy and all other applicable laws and regulations govern your access, installation and use of school nexus irrespective of whether you are a visitor (which means that you simply browse our app or website without being registered as a user of the app or website), or you are a “member” or “user” (which means that you have registered with the app or website as a member).

 

If you do not agree to be bound by these terms and conditions, or do not have the authority to bind your organization to these terms and conditions, then do not access, install, or use this application.

 

This document, is an electronic record under the terms of the Information Technology Act, 2000 and Rules thereunder and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000 and is deemed electronically executed on opening, accessing, using or installing  Web/ Mobile Application and is legally binding between the Parties and does not require any physical or digital signatures.

 


SERVICES OF SCHOOL NEXUS

 

You agree, understand and acknowledge that SCHOOL NEXUS is an online platform that is intended for educational and informational purposes only and is provided on an “As is” basis. We make no representations or warranties, either express or implied, about the correctness, accuracy, reliability or suitability of the services or contents of the Application. Nothing contained in the App or Website including without limitation all texts, images, graphics all any other materials included within the App or Website or any results provided by the App or Website shall ever be construed as any professional advice, diagnosis or analysis.

 

 

USER ACCOUNT AND REGISTRATION OBLIGATIONS

 

You are required to register with the App or Website as a User by filling out the Registration Form provided in the Sign Up Area of the App or Website while installing the App or Website. You may access the App or Website as a Visitor without registering with the App or Website, however, this may prevent You from availing certain Services offered by Us

 

By using the Website, You shall be responsible for maintaining the confidentiality of your Login Name and Password, and You shall be responsible for all activities that occur under your Login Name. You agree that if any information provided by You that is inconsistent, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is inconsistent, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We reserve the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse You access to the Website without notice to you. You should take all necessary steps to ensure that the password is kept confidential and shall take immediate steps to inform us immediately if You have any reason to believe that your Account has been hacked or comprised by any third party. 


While using any of the payments methods available on the App or Website, We are not be responsible for any loss or damage incurred directly or indirectly by You due to:
1) Lack of authorization for any transactions; 

2) Any payment issues arising out of transaction; or

3) Decline of transaction for any other reason by the Bank.


If payments have been made to our Account by Bank in cases of any failed transaction, we shall credit such amounts to the bank account after receiving appropriate requests from your end. 

All prices listed in the App or Website are in Rupees. “Price”, as displayed, is inclusive of all applicable taxes. We reserve the rights to revise the prices at any point of time. 
You shall be solely responsible for compliance of all applicable laws while making payments. You understand, accept and agree that the payment facility provided by Us neither a banking no financial service but is merely a facilitator providing an electronic, automated online electronic payment or receiving payment through Cash on Delivery using the existing payment gateway networks.

 

 

ACCEPTANCE OF TERMS

 

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy (that can be found on the website) mentioned in this document and all other operating rules, policies, and procedures that may be published on the Site, which are incorporated by reference and may be updated by us without notice to you. We may, in our sole discretion, refuse to offer the Site's services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site's services is revoked in those jurisdictions.

 

 

ACCESS TO SCHOOL NEXUS

 

We shall take all necessary and reasonable steps to ensure the uninterrupted availability of the App or Website at all times. However, We do not guarantee the uninterrupted availability of the App or Website at all times. Your access to the App or Website may be occasionally suspended or restricted to allow for repairs, maintenance, updates or for the introduction of new facilities or services at any time without prior notice. 

We hereby grant You a limited license to install, access and make personal use of the App or Website and the Services offered by Us in accordance with these Terms or our Polices as introduced or modified or amended from time to time. This license does not include any resale or commercial use of this App or Website or its contents, any downloading or copying of content or account information for the benefit of any third party, or any use of data mining, robots, or similar data gathering and extraction tools while using the App or Website. 

 

 

INTELLECTUAL PROPERTY RIGHTS

 

All right, title and interest including all intellectual property rights in the App or Website and its contents including without limitation, texts, logos , designs, images, formats, documents, video, links, graphics and all other materials published on this App or Website (hereinafter collectively referred to as “Contents”) are the sole and exclusive property of Micro Flash Software Solutions.

 

You shall not directly or indirectly, use, copy, reproduce, prepare derivative works of, modify, edit, amend, alter, vary, enhance, improve, upgrade, translate, adapt, abridge, delete, host, display, perform, publish, distribute, circulate, communicate to the public, disseminate, transmit, sell, rent, lease, lend, assign, license, sub-license, market, promote, circulate, exploit, digitally alter or manipulate the App or Website or its Contents or any parts thereof in any manner, without our prior written permission. 

 


CONTENT/ACTIVITY PROHIBITED

 

Your use of the App or Website shall be strictly governed by the following: 

-       You shall not take any action that causes, or may damage the App or Website or causes impairment of the performance, availability or accessibility of the App or Website;

-       You shall not use the App or Website for any unlawful, illegal, fraudulent or harmful purpose or activity or in contravention to the applicable laws and regulations;

-       You shall not directly or indirectly use any robot, spider or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from the App or Website or copy the Contents;

-       You shall not directly or indirectly alter or remove, attempt to alter or remove any trademark, copyright or other proprietary or legal notices appearing on the App or Website or on any Content appearing on the App or Website;

-       You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any systems, networks or servers connected to the App or Website by hacking, password mining or any other illegitimate means;

-       You shall not probe, scan or test the vulnerability of the App or Website or any network or server connected to our Services. Further, You shall not circumvent any security or authentication measures employed on the App or Website. You shall not trace, seek to trace any information about any other user of the App or Website; and
You acknowledge and agree that your use of the App or Website shall be subject to all applicable national and international laws.

 

 

DISCLAIMER OF WARRANTIES AND LIABILITY

 

This Website, all the materials and information and services, included or otherwise made available to You through the Website or the App are provided on a "as is" and "as available" basis without any representation or warranties, express or implied, statutory or otherwise, including but not limited to implied warranty of accuracy, merchantability, non-infringement of third party rights and fitness for a particular purpose. except otherwise specified in writing. Without prejudice to the forgoing paragraph, We do not warrant that this Website or App will be constantly available, or available at all. We will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Nothing on the Website constitutes, or is meant to constitute, advice of any kind.The app or website, its content and the services offered under the app or website are solely intended for educational and informational purposes only.

 

In no event shall We be liable for any direct, indirect, incidental, punitive, special or consequential damages, for loss of profits or confidential or other information, for business interruption, for personal injury, for negligence, and for any other pecuniary or other loss whatsoever arising out of or in any way related to the use or inability to use the app or website or its contents.

 

 

RULES AND CONDUCT OF USER

 

The App or Website may offer You certain functionality that allows Users to upload content to the App or Website. If You make any submission to the App or Website, You agree that Your submissions will be bound by the following terms: 

 

The submissions made or content posted/published are accurate, true and correct to the best of your knowledge information and belief; Your communications or submissions or content shall not infringe or violate any third party rights;

-       You will not submit any content that contains any personally identifiable information; 

-       You will not submit any communication or content that contain expressions of hate, abuse, harassment, offensive images or conduct, obscenity, profanity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable laws or regulations; and

-       You will not upload any material that contains any software viruses, computer codes, files or programs designed to interrupt, disrupt, damage, destroy, interefere or limit the functionality of SCHOOL NEXUS or any software, hardware, server, equipments or devices connected to the App or Website or any other computer network or devices or obtain unauthorized access to any system, data, password, or other information of SCHOOL NEXUS or any third party; or. 

-       By posting, publishing or writing or submitting any content to the App or Website, You hereby grant Us a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, display, reproduce, modify, publish, post ,transmit and distribute any such materials either through its App or Website or otherwise at its discretion.

 

 

THIRD PARTY LINKS

 

This App or Website may contain links to other websites or content. You agree and acknowledge that these third-party sites are not under our control and We are not responsible for contents of such sites. These links have been provided to You only as a convenience and the inclusion of any such link does not imply endorsement by Us of such parties or any association with such sites or its operators.

 

 

LIMITATION OF LIABILITY

 

In no event shall We be liable for any incidental, indirect or consequential damages of any kind in connection with theses terms of use. We shall not be liable for any failure to perform the obligations hereunder where the failure results from any cause beyond our reasonable control, including, without limitation, third party intervention, change in law or economic circumstances, mechanical, electronic, or communications failure or degradation.

 


MODIFICATIONS/AMENDMENT OF TERMS OF USE :

 

We reserve the right to update, revise, supplement, and otherwise modify these Terms and to impose new or additional rules, policies, terms, or conditions on your use of the App or Website, at any time, without notice to You. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to as "Additional Terms") will be posted on the App or Website and will be effective immediately. You hereby agree to be bound by all such Additional Terms and your continued use of the App or Website shall be deemed to be the acceptance of such Additional Terms. All updated terms can be viewed on this page.

 

 

TERMINATION

 

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with your account. If you wish to terminate your account, you may do so by following the instructions on the Site. All provisions of the Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.



INDEMNITY

You hereby agree to indemnify and hold harmless MicroFlash Software Solutions and its owners, licensee, subsidiaries, employees, affiliates, associates and agents from and against any and all claims, actions, penalties, prosecution, proceedings demand losses, disputes, charges, penalty, costs and expenses including reasonable attorneys' fees, that may arise or may be incurred by Us as consequence of any default, breach, non-observance, non performance or negligent act whatsoever by You of any terms , conditions, stipulations, provisions and/or violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party more particularly stated herein.

 

 

APPLICABLE LAW AND JURISDICTION


This Agreement shall be governed, interpreted and construed in accordance with the laws in force in India and is subject to the exclusive jurisdiction of the courts at Chennai, India.

 


DISPUTE RESOLUTION:

 

If any dispute, controversy or claim arises out of or in connection with these Terms of Use, the disputing parties shall use all reasonable endeavours to negotiate with a view to resolving the Dispute amicably. If a party gives the other party notice that a Dispute has arisen (a Dispute Notice) and the parties are unable to resolve the Dispute amicably within 30 (thirty) days of service of the Dispute Notice (or such longer period as the parties may mutually agree), then the Dispute shall be referred to arbitration in accordance with the below terms. Subject to the above clause, all Disputes or differences regarding this Agreement shall be submitted to final and binding arbitration. Any dispute involving Us shall be resolved by Arbitration of a sole Arbitrator to be appointed by Us in accordance with the Indian Arbitration and Conciliation Act, 1996, or its statutory modifications. The seat of Arbitration shall be in Chennai and the language to be used in all proceedings shall be English.

 

 

COMMUNICATIONS AND SUPPORT


If you have any questions, complaints or claims with respect to the App or Website, then such correspondence should be directed to the email address as given below: 
support@theschoolnexus.com

 

 

NO WAIVER


Save and except as expressly provided in this Agreement, no exercise, or failure to exercise, or delay in exercising any right, power, or remedy vested with Us under or pursuant to this Agreement shall constitute a waiver by Us of that or any other right, power, or remedy.

 


SEVERABILITY
If any provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms.

YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND YOU OUT OF YOUR FREE WILL, UNCONDITIONALLY ACCEPT TO BE BOUND BY THE SAME.