Terms of Use
Welcome to www.indianonlineschool.com, operated by SMSV Education (“SMSV” or “Company”). By accessing or using www.indianonlineschool.com website (the “Website or the “Site”) or https://portal.indianonlineschool.com (“Portal”) or Microsoft Office 365 (“MSO”) platform, or by Subscribing the online and offline multimedia courses/content, teacher lectures, third party content, Exams, eBooks, Notes, teacher manual, teacher syllabus, Literature including texts, graphics, images, audio, video (in any form or format), or any kind of content pack or subscribing to any of our portals (all together will be called as “Service”), you agree to be bound, without limitation or qualification, to the Terms and Conditions (“Agreement”) whether or not you register as a member (“Member”).
If you object to anything in this Agreement or the SMSV’s Privacy Policy, do not use the Service. This Agreement is subject to change by SMSV at any time without any notice, effective upon posting on the Website. Your continued use of the Website and the Service following posting of revised terms of any section of the Agreement will constitute your express acceptance of and consent to the revised Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website, Portal, MSO and the Service. SMSV reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the SMSV Services at any time, for any or no reason, with or without prior notice, and without liability. By accessing and/or using the Service or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.
- General
- Our Terms of Use defines the terms and conditions under which you are allowed to use the Website, Portal, MSO, Service and describes the manner in which we shall treat your account while you are registered with us. The Terms of Use herein are inclusive in nature and non-exhaustive and will deem to include any further terms which are conveyed via email or along with material disbursed or sold. If you have any questions about any part of the Terms of Use, feel free to contact us at contact@indianonlineschool.com.
- This Terms of Use supersedes all previous oral and written terms and conditions (if any) communicated to you.
- Your accessing or using our Website, Portal, MSO or Service by means of a computer system or a hand device or any other electronic means, in any manner whatsoever, including and not limited to visiting, surfing and copying, downloading, uploading of any content whether in text, numeric, drawing etc, shall mean that you have read, understood and have consented to be bound by our Terms of Use, without any modification.
- Your submission of any personal information shall be governed by our Terms of Use (in particular, by the Privacy Policy) as applicable and provided on our website.
- Please ensure that you read and understand our Terms of Use before you use the Website, Portal, MSO or Service, if you do not accept any of the Terms of Use, then please do not use the Website, Portal, MSO or Service or avail any of the services being provided therein.
- Your agreement to our Terms of Use shall operate as a binding agreement between you and SMSV in respect of the use of the site, application or availing of services.
- Any term used in this Terms of Use and not defined herein shall have the meaning as defined in the Privacy Policy.
- Words denoting the singular shall include the plural and vice versa.
- Words denoting any particular gender shall include all genders.
- The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define, or limit the scope, extent, or intent of this Terms of Use or the right to use the Website, Portal, or Service by the Users contained herein or any other section or pages of the Website, Portal, or Service in any manner whatsoever.
- Access and Retention.
In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.
- Age of the Member.
The Member shall be required to certify that he/she is 18 (eighteen) years of age or has the consent of his/her parent or legal guardian.
- Applicability
- This Terms of Use applies to you whether you are:
- A Teacher who has been associated with us or seeks to be associated with us as a Teacher for teaching SMSV Service to the student(s) (“Teachers”, “You” or “User”); or
- A student or a parent or a legal guardian, using our Website (“You”, or “User”); or
- Any person using SMSV Service (“You”, or “User”); or
- Otherwise, a user of the Website (“you” or “User”).
- This Terms of Use applies to your visit to and your use of the Website, Portal, Service, as well as to all information provided by you on the Website, Portal, Service at any given point in time.
- Purpose of Website, Portal, MSO
- The Website of the SMSV is meant to provide information to the public about the SMSV.
- The services and incidental services provided by the SMSV including without limitation, the information pertaining to the SMSV Program.
- The Website, Portal and MSO facilitates the services rendered by the SMSV, and provides for, including and limited to the registration of the teachers, parents/ legal guardians of the student(s) and the student(s), desirous of being part of the SMSV Program.
- The Website, Portal and MSO facilitates to create/ register an account with us for availing SMSV Program.
- Use of Website, Portal, MSO
- Your access of the Website, Portal and MSO will solely be at the discretion of the Company.
- The Company authorizes you to access the Website, Portal and MSO solely, to acquire information or enrol/ register or be part of the SMSV Program.
- The Company reserves the right, at its sole discretion, to suspend/ prohibit/ restrict your ability to use or access the Website (or a part thereof) at any time, while the Company investigates complaints or alleged violations of this Terms of Use, or for any other reason, whatsoever, including but not limited to your misusing the Website, Portal and MSO in any manner.
- The use of the Website, Portal and MSO is governed by the Company’s Privacy Policy which you hereby undertake to adhere to immediately upon first access of the website. The Company’s Privacy Policy set forth its standard practices regarding the collection, use and disclosure of personal information that it obtains about you in connection with the Services and such other issues as stated in such Policies.
- Use of account created/registered on Website, Portal and MSO
- Your access of the account registered on the Website, Portal and MSO, will solely be at the discretion of the Company.
- You shall not allow any party other than yourself (or your children for whom the account is created/ registered in case you are a parent/ legal guardian) to use or have access to the account registered on the Website, Portal and MSO or disclose to any third party any content of the account registered on the Website, Portal and MSO.
- Any violation of the term of the above-mentioned sub-clause will be viewed seriously by us and we reserve the right to take all action under this Terms of Use or under the law against you to prevent any illegal use, disclosure, or access by/ to you or any third party.
- The Company reserves the right to accept or reject or suspend or put on hold, your registration on the Website, Portal and MSO.
- User consent
- By registering on the Website, Portal and MSO or contacting us through the Website, you represent that you are not a minor and legally entitled to contract under applicable law, and are not barred by any law, in any jurisdiction or bound by any agreement that restricts your right to accept the Terms of Use or use the Website, Portal and MSO.
- In the event you are a minor as per applicable law, or if you are barred by any law, in any jurisdiction or bound by any agreement that restricts your right to access the Website, you may not register or contact us through the Website and Portal, however, your parents/ legal guardian may contact us on your behalf provided they are compliant to above mentioned clause.
- You are also prohibited from and you agree that you shall not be:
- using the Website, Portal, MSO, Services or SMSV Program for any commercial or other purposes that are not expressly permitted herein this Terms of Use;
- using, copying, mirroring, framing, displaying SMSV’s Website, SMSV Program or any content therefrom, without our prior written consent.
- violating or attempting to violate the integrity or security of the Website/Portal;
- transmitting any information on or through the Website/Potal/MSO that is disruptive or competitive to the provision of the services provided by the Company;
- intentionally submitting on the Website, Portal and MSO any incomplete, false or inaccurate information;
- using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Website, Portal and MSO;
- attempting to decipher, decompile, disassemble or reverse engineer any part of the Website, Portal and MSO;
- copying or duplicating in any manner any of the information available from the Website, Portal and MSO; and
- framing or hotlinking or deep linking any contents from the Website, Portal and MSO.
- User’s Personal Information
- To enrol/register or be part of the SMSV Service of the Company, you may be required to provide your name, age, mobile or phone number, and/or address; without limiting the generality of foregoing, you are required to provide accurate and complete information.
- You hereby authorize the Company to
- use your submitted information to contact you through SMS, e-Mail, WhatsApp or any other medium not specified.
- maintain a record of your queries, visit of the Website, Portal and MSO, and/ or feedback; and
- use all submitted information by you in such manner, as we may deem fit or necessary.
- User Submissions: You understand that when using the Website, Portal and MSO, you may be exposed to content from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and you agree and assume all liability for your use. You hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.
- Parents/Students enrolled or seeking for enrolment
- Information to the Parent
- The Company may make available the facility of enrolling Your child/children for SMSV Service after You have provided the Company information as required by way of a written / online application submitted to the Company (the “Information”).
- You shall ensure that the Information provided by You in the registration form or otherwise is complete, accurate and up to date.
- If You provide any Information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such Information is untrue, inaccurate, not current or incomplete, the Company has the right to refuse or cancel the enrolment of Your child.
- Obligations of the Parent
- The fee is payable in advance for the program duration.
- You shall pay the tenure fees, as prescribed, in the designated account mentioned on the invoice. If You default in payment of the fees for a successive period of seven (7) days, the enrolment of the student shall stand cancelled and You/Your child will not be entitled to receive the benefit(s) of SMSV Service.
- You shall not have any claim, whatsoever, on the Content provided by the Company and shall not acquire any right, title, or interest in or to the Content.
- Where a parent/ student is discontinuing with SMSV Service, access to the account, app etc shall be suspended.
- Class Related
- NO SHOWs are not entitled to a compensatory class.
- For quality purposes, SMSV will maintain a digital record of the class which will be property of SMSV always and SMSV reserve the right to analysis the recorded data for such purpose as may be deemed suitable for enhancement of the course, quality of teaching, class experience etc.
- Depending on the tuition fee and the tenure, the student is entitled to get a maximum number of classes within the stipulated period.
- In case technical issues are experienced during or before the class hours due to SMSV, SMSV will arrange for compensatory classes.
- SMSV rights and obligation
- The Company reserves the right to disable such information that is in contravention of Clause 9, upon obtaining knowledge by itself or having been brought to actual knowledge by an affected person or otherwise, in writing or through email about any such information as mentioned in Clause 9 above. The Company shall be entitled to preserve such information and associated records, as it may deem fit, for production to governmental authorities for investigation purposes.
- The Company may disclose, or transfer information provided by you to its affiliates in other countries, and you hereby consent to such transfer.
- The Company may in its absolute discretion, but without being under any obligation to do so, update, amend or supplement the information provided in the SMSV Service.
- SMSV may terminate your account or restrict your use of the Website, Portal and MSO for convenience at any time with or without providing you 30 days’ notice via email to your registered email address or by any other means.
- Third party information
The Website, Portal may provide information regarding third party website(s), affiliates, or business partners, contain links to their website/portals and/or any other information. Such information and links are provided solely for the purpose of your reference. The Company is not endorsing the material or any information on the Website, Portal, is not responsible for such errors and representation nor the Company is associated with it and you shall access these websites at your own risk. Further, it is up to you to take precautions to ensure that whatever links you select or software you download from the Website, Portal, is free of such items such as, but not limited to, viruses, worms, trojan horses, defects, and other items of a destructive nature.
- Intellectual Property Rights
All the intellectual property used on the Website, Portal, MSO (including the Content) by the Company, service providers or any third party shall remain the property of the Company, service provider or any other third party, as the case may be. You agree not to circumvent, disable, or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any materials or enforce limitations on use of the Website or the materials therein. The Website, Portal, MSO is protected to the maximum extent permitted by copyright laws, other laws, and international treaties. Content displayed on or through the Website, Portal, MSO is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws. The materials on the Website, Portal, MSO or otherwise shall not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted, or transmitted in any form or by any means, including but not limited to, electronic, mechanical, photocopying, recording or other means.
- Registration and data privacy
- The terms “personal information” and “sensitive personal data or information” are dealt in the Privacy Policy, which the User has the responsibility to read and understand the usage of such information by the Company.
- The Company may in relation to the Website, Portal, MSO, collect information relating to the devices through which you access the Website, Portal, MSO, and anonymous data of Your usage. The collected information will be used only for improving the quality of the Website, Portal, MSO and to build new services. You hereby authorise and permit the Company to collect the aforesaid information.
- By using the Website, Portal, MSO and/or registering yourself at SMSV, you authorize us to contact you via email or phone call or sms and offer you our services, imparting product knowledge, offer promotional offers running on website & offers offered by the associated third parties, for which reasons, personally identifiable information may be collected.
- The Website, Portal, MSO allows the Company to have access to registered Users’ personal email or phone number, for communication purposes.
- The Company shall not be responsible in any manner for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company or to any other person acting on behalf of the Company.
- The User is responsible for maintaining the confidentiality of the User’s account access information and password if the User is registered on the Website, Portal, MSO. The User shall be responsible for all usage of the User’s account and password, whether or not authorized by the User. The User shall immediately notify the Company of any actual or suspected unauthorized use of the User’s account or password. Although the Company will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the Company or others due to such unauthorized use.
- If a User provides any information that is untrue, inaccurate, not current, or incomplete (or becomes untrue, inaccurate, not current or incomplete), or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to discontinue the right of the User to use the SMSV Service at its sole discretion.
- The Company may use such information collected from the Users from time to time for the purposes of debugging customer support related issues.
- The Company reserves the right to share de-identified data with partners to aid with data analysis and to improve the product.
- Non Solicitation
- You agree that without SMSV’s prior written consent you shall not directly or indirectly or through any persons subject to your direction or control;
- solicit or encourage any person to leave SMSV or other service of SMSV or its Affiliates; or
- otherwise divert or attempt to divert any business from the Company; or
- interfere with the relationships between the Company and any of its customers, teachers, suppliers or others with whom SMSV have business
- Authority for limited use
Subject to your compliance with these Terms, SMSV grants you a limited, non-exclusive, non-transferable license to –
- use the Website, Portal, MSO, or any Service provided by SMSV;
- download and install Application on mobile handset or computer system or any other electronic means, solely for your own personal and non-commercial use.
- Limitation of Liability
SMSV shall not be liable for any or all damages of whatsoever nature, including but not limited to direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the test results or test scores. SMSV does not guarantee that using this Website or Service will lead to increase in any scores, or achieve any other results. Nothing contained in this Website or in any written or oral communications from SMSV or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.
The content and functionality on the Website and the services provided by employees of the Website are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. You hereby acknowledge that use of this Website and the Service is at your sole risk.
Notwithstanding anything to the contrary contained herein, SMSV liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to SMSV for the SMSV services during the term of membership.
SMSV does not authorize any third party to accept payments on behalf of SMSV for any SMSV Service. SMSV not liable for any payments made to a third party by an SMSV Member.
UNDER NO CIRCUMSTANCES SHALL SMSV, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS WILL BE HELD LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF SMSV HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL SMSV HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF SMSV HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
- Indemnity
You hereby agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from
- your access to or use of the Website, Portal, MSO in any fraudulent manner;
- your enrolment or attending of any course or any loss, damage, injury etc arising thereto to any person or otherwise;
- violation of Terms of Use or Company Policies;
- infringement, or infringement by any other user of your account with the Company; and
- infringement of any intellectual property or other right of any person or entity. The Company will notify you promptly of any such claim, loss, liability, or demand, and in addition to your foregoing obligations, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
- Content on Website, Portal, MSO
- SMSV retains all proprietary rights in the Website, Portal, MSO and the Service. The Website, Portal, MSO contains the copyrighted material, trademarks, and other proprietary information of SMSV, and its licensors. Except where we have given your express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
- The authority of the material posted to this site is the sole authority of that particular publisher, channel and are protected or controlled by SMSV (like Authors, teacher, publisher).
- SMSV may delete any communication or content that, in the sole judgment of SMSV, (a) violates this Agreement (b) may be offensive or illegal or (c) harms, threatens the safety of, or violates the rights of any person.
- If you violate any of these Terms or Conditions, your permission to use the “Material” automatically terminates and you must immediately destroy any copies you have made of the “Material”.
- “Material” may contain certain software or products and services, which require special or specific rules to be applied before use. Any such rules are listed as “Legal Notices” on the “Material” and are incorporated into this Agreement by reference.
- Copyright Policy You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights.
- Restrictions on Use of Materials
You understands & acknowledge that SMSV contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, practice test questions, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
- Disclaimer
- This Terms of Use does not alter in any way the terms or conditions of any other agreement you may have with us, or our subsidiaries or affiliates.
- If you are using the Website, Portal, MSO on behalf of any other person or entity or otherwise, you represent and warrant that you are authorized to accept these terms on behalf of such person’s or entity’s or otherwise, and that this Terms of Use shall be equally binding upon you and upon the person or the entity or otherwise on whose behalf you are using the site, application or services.
- The Company, its employees and advisors make no representation or warranty and shall incur no liability to any person, including any User or Teacher, and such User and / or Teacher hereby waive all their respective rights against the Company, if any, under any law, statute, rules or regulations or tort, principles of restitution or unjust enrichment or otherwise for any loss, damages, cost, or expense which may arise from or be incurred or suffered on account of –
- anything contained in the Terms of Use or on account of the SMSV Service or otherwise, including the accuracy, adequacy, correctness, completeness or reliability of the material provided by the Company and any assessment, assumption, statement or information contained therein or deemed to form part of SMSV Service;
- any statement, action, deed of any nature committed by any User.
- The Company accepts no liability of any nature, whatsoever, whether resulting from negligence, act of imposing corporal punishment on students, any event of physical or sexual harassment or otherwise howsoever caused by Teacher.
- The Company assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect User’s equipment on account of User’s access to, use of, or browsing the Website, Portal, MSO or the downloading of any material, data, text, images, video content, or audio content from the Website. If a User is dissatisfied with the Website, Portal, MSO, User’s sole remedy is to discontinue using the Website, Portal, MSO.
- The Website, Portal, MSO is provided to you on “As Is” basis. The Company hereby disclaims all representation(s) and/or warranty(ies), either express or implied, including without limitation, warranties of fitness for particular purpose, title, non-infringement. In addition thereto, the Company makes no representations, warranties or guarantees that:
- this Website, Portal, MSO shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusion,
- the use or results of the use of the Website, Portal, MSO (including all of its content) is or will be accurate, reliable, current, and/or uninterrupted, and the Company disclaims any liability relating thereto.
- Privacy
Use of the Website and/or the Service is also governed by our Privacy Policy.
- Jurisdiction and Choice of Law; Dispute Resolution
If there is any dispute arising out of the Website and/or the Service, by using the Website and/or Service, you expressly agree that any such dispute shall be governed by the laws of, India and shall be subject to the exclusive jurisdiction of Ghaziabad courts only.
- Copyright Policy
SMSV prohibits the posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write to contact@indiaonlineschool.com, giving a written statement that contains:
- identification of the copyrighted work and/or intellectual property right claimed to have been infringed;
- your name, address, and daytime telephone number, and an e-mail address if available;
- a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law; and
- the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.
SMSV will process any notice of alleged infringement which it receives and will take appropriate action as required by the Indian copyright laws.
- Notices
All notices and communications shall be in writing, in English and shall be deemed given if sent via email at contact@indianonlineschool.com, with due acknowledgment of complete.
- Feedback, queries and contact information
Feedback, Queries or comments about the Website, Portal, MSO, or any other Service provided by the Company shall be directed to the Company at the email address: contact@indianonlineschool.com.
- Refunds
All SMSV Service or Material fees (online or offline content) are non-refundable under any circumstances. If you cancel your account at any time, you will not receive any refund.
Please contact us at contact@indianonlineschool.com with any questions regarding this Term of Use.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED HEREINABOVE.