TERMS AND CONDITIONS OF USE
to the use of Products and Services provided to you.
This Agreement is entered into between Bsecure Softech Solutions Private Limited, a company incorporated under companies Act 1956 and having its
registered office at 9-13-45/3/9, B-Wing, 2nd Floor, MVR Vinaygar TradeCenter VIP Road, CBM Compound, Visakhapatnam, 530003, hereinafter referred to
as the “Company”, which expression shall, unless in conflict with the context, mean and include its successors-in-interest and assigns
___________________________________________ hereinafter referred to as the “User”, which expression shall, unless in conflict with the
context, mean and include, its successors-in-interest and assigns.
This agreement between Company and User is subjected to the following terms and conditions:
Parties to This Agreement:
Apart from the User, this Agreement covers additional parties including teachers, parents and others who are eligible to use the platform as provided by the
Company under the Terms of this Agreement.
Modification of Terms:
In order to provide a good platform experience to the User, the Company reserves the right to change/alter its terms from time to time. Unless agreed
otherwise, these changes shall be effective immediately. The User is bound to agree to these changes if the User wishes to continue to use the Company’s
Scope of Services:
The software platform is specifically designed to enable teachers to instantly exchange information with parents regarding the performance of the
child/student. Information will include student performance, class attendance, test results, progress reports and other information related to the on-going
educational development of the student. Moreover, this software platform enables parents to instantly communicate with the school or teacher to inform
them of student non-attendance, health issues, social issues, family issues and other issues or concerns which may affect the performance of the student
at school. This communication takes place instantly without the need for any formal written correspondence, enabling both the school and the parents to
quickly identify and resolve any potentially harmful or disruptive issues.
Individuals wishing to use this platform are required to register with their basic details as per the product website or app. A login ID and Password is
generated for every User under this agreement. The User ID and Password so generated shall be for the exclusive use of that individual only. Login details of
one person cannot be used by another person and in such event would be a breach of account Terms and Conditions and such account would be
SMART SCHOOL APPLICATION – PAYMENT RELATED POINTS
The school shall pay the entire amount on signing up of the said contract. Cost of per signup INR 200/- including GST.
The company will send a copy of invoice based on the number of sign-ups made either monthly basis.
An upfront amount of deposit for Rs. 10,000 has to be made by the school if the number of students are below 1000.
All sums payable are inclusive of GST or other applicable tax, which shall be added or deducted from the sum concerned, as the case may be.
The payment made by the school towards the invoice raised shall be paid through Cheque or an online transfer. Pure Cash transactions are not
entertained by the management.
In case of any renewals or withdrawal of the user (i.e., sign-ups), a new invoice shall be issued by the management for the agreed amount.
For this, the school team has to update all the relevant details of the students and their sign-up related activities to the company in a detailed list.
This process may be yearly/quarterly, as per the managements’ discretion.
The school shall update the company or the management regarding any complaint or discrepancy faced in the application. The company may
give reasonable notice in case of any proposed changes in the terms of trade.
Once the software platform has been set up and activated, no Annual Usage Fee refunds will paid. Only in case of non-feasibility of a new connection or a
technical issue that the Company is unable to resolve, will a refund be paid. Refunds must be claimed within 5 working days of activation. Refunds may take
4-6 weeks to be processed.
Company provides service discounts in line with TRAI policy on the same, on a case by case basis, as needed.
In the case of Billing Disputes, Users are required to email their specific concerns to the Company. Disputes will be addressed within 4-8 weeks. Genuine
Disputes will be settled by way of a discount or credit note in favor of the User’s account.
Company is not responsible for virus or other malicious script which may infect the PC/Laptop of the User, since Company has no control over these issues.
Company will assume full responsibility for the technical services provided by us.
The User is solely responsible for evaluating the accuracy, completeness, usefulness and legality of all content posted or displayed on the Software Platform
and other products or services provided by the Company.
Company will provide services on an “As is and Available” basis only. Company does not warrant that the services will be uninterrupted, error-free or free
from potentially harmful components.
Limitation of Liability:
Company shall not be liable to the User in any manner whatever for any costs or damages that may arise directly or indirectly on account of your using the
services provided by Us, including any loss of business, direct, incidental, exemplary multiple special punitive or consequential damages in any event,
(notional or otherwise) that you may claim to suffer on account of any deficiency, failure and/or delays in the services provided by us, and in the event of
deficiency, failure and/or delays in Company’s Services, connected or related, directly or indirectly, to any reason which is beyond the control of Company.
For this purpose, a matter beyond the control of Company shall include but shall not be limited to the following:
- Delay and/or disruption of services attributable directly or indirectly to the lines of the upstream gateway services provider.
- Delay and/or disruption of services attributable directly or indirectly to the directions of any statutory and/or regulatory authorities.
- Delay and/or disruption in services attributable directly to changes in Law.
- Delay and/or disruption in services attributable directly or indirectly to reason of acts of god, lightning strikes, earthquakes , floods, storms, fires,
natural disasters, explosions, war, hostility, civil commotion, public enemy, sabotage, riots, bomb-blasts, strikes, epidemic, quarantine, restriction, lock out,
electricity fluctuation, electrical surges, electrical short circuit, internet outage, network outage, fibre cuts, malicious damage and etc. (FORCE MAJEURE)
Termination of Agreement:
Continued use of Company services constitutes acceptance of the terms of this agreement in its present form without exception and also
includes acceptance of any future revisions to the same. If the User is dissatisfied with the services provided by the Company then the sole and exclusive
remedy available to the User is to stop using the services and to terminate the Company account, under intimation to Company in writing. This does not
absolve the User of any dues which remain payable.
Company also reserves the right to withdraw/suspend/terminate/disconnect the services to the User, partially or fully, for any number of reasons,
including but not exclusive to, negative address verification, non-payment, violation of any terms of this agreement, usage of the service for any illegal or
immortal activity and if subscriber’s equipment or software is interfering with Company’s other services as decided by us.
If the User commits a breach of any of the terms and or conditions of this agreement, Company may, at any time, at its sole discretion and without
prejudice to any other remedy available under any law, either suspend the services or terminate this agreement.
Reinstatement of services:
Reinstatement of services will require full payment of any outstanding balances and/or other charges plus installation fees. It shall be at Company’s sole
discretion to allow such reinstatement of the services fully or partially.
During and after the Agreement Period, both parties will not divulge or appropriate to their own use or to the use of others, any secret or confidential
information or knowledge pertaining to the business of both parties, or of any of its subsidiaries, in any way.
User shall defend, indemnify and hold the Company, directors and officers, harmless against any and all liability (including reasonable attorneys’ fees)
which Company may incur by reason of (a) any claim arising during the use of Company’s website and/or application (b) any unauthorized use or breach
of terms or (c) passing any information which is confidential in nature to any third party.
Company may assign this contract to anybody at any time. However, this contract and the services shall be non-transferrable by User at any time.
Severability & Jurisdiction:
If any term or condition of this contract becomes or is declared illegal, invalid, or unenforceable for any reason, such term or condition shall be divisible from
this contract and deemed to be deleted from this contract and the other provisions shall remain in full force and effect. Neither the course of conduct
between the parties nor trade practice will modify the provisions of the contract. The provisions of all obligation and all restrictions on Subscriber will survive
the termination of this contract. Any questions, disputes or differences arising out of this contract shall be referred to arbitration. The arbitrator shall be
appointed by Company. The arbitration shall be governed as per the Arbitration and Conciliation Act of 1996 as amended from time to time. The Arbitration
shall be held in Visakhapatnam. Courts at Visakhapatnam shall have exclusive jurisdiction.
This Agreement shall be interpreted and governed in all respects by the laws of India. The Parties agree to submit to the exclusive jurisdiction of the courts
of Visakhapatnam, India, to entertain and try any dispute or matter relating to or arising out of this Agreement.