PLEASE READ THE BELOW TERMS AND CONDITIONS CAREFULLY
This AGREEMENT is a legal agreement between you (Herein referred to as “client” or “user” or “you”, or “school” or “Institution”) and IOTtech Softwares (Herein referred to as “IOTtech Softwares” or “our” or “company” or “we”), and Websites/ ERPs/ Mobile Apps (Herein referred to as “software” or “service”) is made effective as of the date of electronic/ manual acceptance of the Services of IOTtech School ERP/Website/ Mobile APP by you. The products of IOTtech Schools are owned and copy right by IOTtech Softwares.You must reject this agreement and stop using the service if you do not agree to these terms and conditions. The use of this service constitutes that you completely agree with the following terms and conditions.By using this website/ ERP/ Mobile APP Services, you agree that the agreement of the Terms and condition and the relationship between the user and the service provider will be governed by the laws of the India without any conflict with legal principles and international conventions. The exclusive jurisdiction for any dispute between the parties is the High Court of Delhi, India.You agree to provide your full legal name, physical address, valid email id and any other information we may need to complete the process of providing the service of website/ ERP/ Mobile APP.You are responsible for all activities performed on the service using your account and IOTtech SOftwares will not be responsible for any activity of this type.Through this Terms and Conditions Agreement, you agree not to use the service for illegal or unauthorized purposes. These terms and conditions bind you not to harass, threaten and abuse the service provider or any of its staff, affiliates, and subsidiaries in any way.We may but have no obligation to remove, suspend or terminate accounts in our sole discretion that we find are unlawful and producing content that is offensive, threatening, libellous, defamatory, pornographic or otherwise objectionable or violates any party’s intellectual property rights or these terms and conditions.
In using this website/ ERP/ Mobile APP provided by IOTtech SOftwaresyou are deemed to have read and agreed to the following terms and conditions:
Schools have the right to request sight of, and copies of any and all records we keep, on the provision that we are given reasonable notice of such a request. Schools are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue schools with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties. Any information concerning the School and their respective students and teachers records and database may be passed to third parties with a prior approval from the school. However, parents and teachers from the database can be contacted by IOTtech Softwares to provide any assistance with any of the products and services offered by IOTtech Softwares. Database can be shared with appropriate Govt. authorities in case of any legal or statutory requirements without the prior consent of the school.
DISCLAIMER/ EXCLUSIONS AND LIMITATIONS
The information on this website/ ERP/ Mobile APP / ERP/ Mobile APP is provided on an "as is" basis. To the fullest extent permitted by law, IOTtech Softwares:
- Excludes all representations and warranties relating to this website/ ERP/ Mobile APP / ERP/ Mobile APP and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website/ ERP/ Mobile APP / ERP/ Mobile APP and/or the Company's literature; and
- Excludes all liability for damages arising out of or in connection with your use of this website/ ERP/ Mobile APP. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable in the normal course of things or you have advised this Company of the possibility of such potential loss, damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
- Does not take responsibility for any leakage of information, content or images due to hacking and malware activities performed by parties or people outside the company.
- Does not take responsibility for any leakage of information, content or images by your school/ institutionas a security obligation, you are responsible for the protection of your account and passwords to use the service. We, the service providers, can not and will not be responsible for any loss, damage or theft that results from your breach of the security obligation.
COOKIES &LOG FILES
We use IP addresses to analyse trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis and user trends. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
LINKS TO THIS WEBSITE/ ERP/ MOBILE APP
You may not create a link to any page of this website/ ERP/ Mobile APP without our prior written consent. If you do create a link to a page of this website/ ERP/ Mobile APP you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website/ ERP/ Mobile APP by linking to it.
LINKS FROM THIS WEBSITE/ ERP/ MOBILE APP
We do not monitor or review the content of other party's website/ ERP/ Mobile APP which are linked to this website/ ERP/ Mobile APP. Opinions expressed or material appearing on such website/ ERP/ Mobile APPs are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company's services and the full content of this website/ ERP/ Mobile APP. BY using services you agree not to violate the laws of your jurisdiction, including intellectual property rights and copyright laws.
This website/ ERP/ Mobile APP is a platform which helps to facilitate various services of IOTtech Softwares to run the school and improve the performance of students on payment as decided by the company. School owner can register their school to manage student admission, their data, attendance, fees, sms etc by using modules provided by the company. First time users are provided ERP along with app free of cost for specific period as per policy of the company and date of start and end of free period are communicated. This period is solely used for uploading, updating of data and for resolving the issues raised by schools/ institutes. After the expiry of this period payment will be due and all issues raised will be considered as maintenance issue. Non-payment will lead to termination of agreement.
School must need to register withIOTtech Softwares portal before using services. school need to provide accurate and proper updated information at the time of registration. School will provide the complete desired data for updating only if company agrees to do so. Always choose strong password for login and user will be responsible for maintaining the confidentiality of their password.
We have different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website/ ERP/ Mobile APP or via Company literature or via the Company's stated telephone.Users can use all these modes of communications. Users can register their problems related to software by complaint management system available on the website iottechschool.com. After taking rectification measures communication are made. Users are also communicated about the way to use of ERP and APP and other facilities provided by the IOTtech Softwares.
The Service is billed in advance on yearly/six monthly/ quarterly basis. Monthly basis payment facility is given only as a special consideration. There will be no refunds or credits for partial months of Service or refunds for months unused with an open account.For subscribers choosing to pay by credit/debit card, subscription fees for renewal may be charged to the credit/debit card on record unless IOTtech Softwares is notified of a change or cancellation in writing using the tools or means made available by IOTtech Softwares.
Payments are non-refundable and non-transferable in any case.Calculation of billing amount is based on the number of students enrolled in the school subject to condition that it should not be below the minimum quantity set by the company. Students whose records have been marked in the system as having left the school or as having been deleted do not count towards the student total.
You acknowledge that the billed subscription charges for each billing period may vary and you authorize us to charge your Payment Method for such varying amounts. We may change the subscription fees and / or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail.
All invoices are payable in full on or before due date of the invoice. Due date will be notified on the invoice and live on ERP. All bills are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, if applicable.If we do not receive payment by the due date, the system will automatically lock-out your account. Users under the locked account will not be able to log-in until the outstanding payment is received in full. If the full outstanding payment is not received within 15 days after the due date, then your account and all data contained within will be deleted.
For any change in the price you will be automatically billed according to the new rate on your next billing cycle.All Cheques/Bank Transfers are to be made in favour of IOTtech Softwares payable at Delhi.
Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee to your Payment Method. We will bill the subscription fee at the current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Subscription fees are fully earned upon payment.
You are solely responsible for proper terminationof your account, which can be done via email or a written request to IOTtech Softwares to terminate the Service Account.Your termination of Service will result in termination of any outstanding or pending Services, including any free products, websites, web portals or other services included in your plan, without refund or credit.
All of your content will be immediately deleted from the Service upon termination. This information cannot be recovered once your Account is terminated.If you terminate the Service before the end of your current paid up year, your termination will take effect immediately without any refund and you will not be charged again for the next coming year.
You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of your account or Service cancellation.If at any time you breach the terms of the Service, we may elect to suspend, terminate and/or cancel this Agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. IOTtech Softwares, in its sole discretion, reserve the right to suspend your Service at any stage for any reason we may deem necessary to continue to provide any of our Services in a way that may be hindered by your status as being our client/user or other valid reasons to do so.
SERVICE SUBSCRIPTION RENEWAL
Renewal of Service is done on yearly basis and it is the sole responsibility of the client to renew the Service before expiry.Once the Service subscription is expired all the data and back up will be deleted from our server within 15 days of expiry and user cannot claim any right for the same.IOTtech Softwares reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
CHANGE IN THE PRICES
Price of the Service and current charges are subject to change from time to time upon prior notice to school. Such notice may be provided by email or by posting the changes to our site and school will automatically charged new price in next billing cycle. IOTtech Softwares shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
PERMISSION TO USE COPYRIGHT
This agreement shall be regarded as a guarantee by the school to IOTtech Softwares that all permissions and authorities have been obtained/granted in respect to the use of school’s registered logos, graphic images, names and trademarks or any other supplied material in the Service. IOTtech Softwares cannot be held liable for any information, copy, or images that have not been secured legally and that may result in copyright infringement. We claim no intellectual property rights over the material you provide to us. Your profile and materials uploaded remain yours. IOTtech Softwares does not pre-screen content, but we and our designee have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service.
The design, content, software, scripts, source code, API, graphics, photos, visual design elements, features and technology of this site and Service are copyright of IOTtech Softwares. All rights reserved. You may not duplicate, copy, distributed, modified, reuse, re-license, sell, resell or exploit for any commercial purposes, any portion of the software usedin the Serviceor access to the Service without express written permission from IOTtech Softwares.
AVAILABILITY OF WEBSITE/ SERVICES
Subject to the terms of this Agreement, we shall use commercially reasonable efforts to attempt to provide this software/services on a twenty-four hours a day, seven days a week basis. You acknowledge and agree that from time to time this software/services may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this software/services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
You expressly understand and agree that IOTtech Softwares shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if IOTtech Softwares has been advised for the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party involved in the Service or any other matter relating to the Service. (v) loss arising out of use of our third party vendors, hosting partners and Internet Payment Gateway service providers. (vi) In any case IOTtech Softwares and its suppliers, distributors, executives and directors for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Services (or, if we choose, to supplying you the Services again).
You acknowledge and agree that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by IOTtech Softwares, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. IOTtech Softwares grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by IOTtech Softwares for use in accessing the Service.
ADDITIONAL RIGHTS OF IOTTECH SOFTWARES
Link to IOTtech Softwares as the software creator will appear in small print on each page of the software designed by IOTtech Softwares.The school/ institution irrevocably authorizes IOTtech Softwaresto include the school's name and logo in any directory or promotional materials.The school hereby agrees, undertakes and covenants to prominently display and maintain the promotional material of IOTtech Softwaresas supplied by the IOTtech Softwares from time to time.
THIRD PARTY RESPONSIBILITIES
You understand that IOTtech Softwares uses the services of third party vendors like hosting partners, SMS Providers, Internet Payment Gateway Providers, Biometric/ RFID device providers, GPS device providersand smart electrical devices to provide the necessary hardware, software, storage, SMS and online payment processing, attendance recoding, vehicle tracking services and wireless controlling of school, enabling receipt of payment through a credit/debit card or other methods on internet and other technology required to run the Service. You agree that we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.
LINKS ON THE SOFTWARE
Our website may contain links to other Internet websites. These hyper links, if any, are at user’s own risk. The contents of these sites are not verified or endorsed by IOTtech Softwares in any way. IOTtech Softwares makes no warranty or representation that the contents of such websites are error-free and correct. However, once you have used these links to leave our site, you should note that we do not have any control over that website. Therefore, we cannot be held responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to that website.
You agree that you are aware of and well conversant with the “Telecom Commercial Communications Customer Preference Regulations 2010” issued by the Telecom Regulatory Authority of India with respect to Unsolicited Commercial Communication (“UCC Regulations”). You also agree that you are fully aware of & well conversant with the implications for the violations of the UCC Regulations including the penal and financial related actions, and take complete responsibility for any NDNC complaint received from your Opt-In user base leaving IOTtech Softwares, its directors, officers and employees harmless. For avoidance of doubt, you understand that the penalty schedule for breach of the UCC regulation is up to Rs.2,50,000 INR. That you undertake to abide by the said UCC Regulations by making your school liable for any breach of the UCC Regulations by your school and/or any person acting on behalf of the school for any punitive action for violation of the said UCC Regulations.The messages intend to be send should be “Clean, Harmless and Transactional” in nature and sent only to your Opt-in list of subscribers. You agree to provide us with authorized documents regarding the Opt-In details in case of NDNC complaint arises within the stipulated time frame not exceeding 2 working days.You undertake to indemnify and always keep indemnified IOTtech Softwares, its directors, officers and employees for any loss or damage suffered by them on account of any breach or violation of the UCC Regulations by your school, its directors, employees, agents, sub-agents, and/or any person acting on behalf of the school.In any case if you fail to reach to the removal of the complaint within 2 working days, you will compensate for any financial loss which IOTtech Softwares may have incurred.
You agree to defend, indemnify and hold IOTtech Softwares, its directors, employee, executives, partners and affiliates harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your or your employees’ or agents’ breach of this Agreement and/or use of IOTtech Softwares services. You also undertake to indemnify for any claims, demands, actions, suits, proceedings, liabilities, losses, costs, legal fees or damages of any kind, asserted against IOTtech Softwares on account of (i) negligence or willful misconduct of school or its employees or agents; (ii) breach of an obligation of school to IOTtech Softwares under this Agreement; and (iii) any loss or liability arising to IOTtech Softwares from the school's use of the Service.
TERMS OF PAYMENT GATEWAY SERVICE
As we do not provide Payment Gateway services, you declare and accord your consent to enter into an agreement with Payment Gateway Service Providers for availing of payment processing services on terms and conditions as may be specified in the agreement to be executed by these Payment Gateway Service Providers. You consent and agree to comply with the guidelines, instruction, request, etc made by the Payment Gateway Providers from time to time. You further acknowledge that IOTtech Softwares, its directors, executives, officers and employees does not take any liability for any loss or damage, if any, suffered by school on account of use of Payment Gateway services as these services are of third party and are available to school’s own risk. It is hereby agreed and acknowledged by the school that in case of any dispute regarding online payment of school fee, parents will have to contact their respective school authorities for any refund of school fee. No refund from IOTtech Softwares is permissible under any circumstances. School shall (a) maintain a fair refund, cancellation or adjustment policy regarding school fee; (b) disclose its return or cancellation policy of school fee to parents.
If any provision of this Agreement is, or proves to be or becomes illegal, invalid, or unenforceable, in whole or in part, under any enactment or rule of law, such provision or part shall to that extent be deemed deleted from this Agreement and the legality, validity and enforceability of the remaining provisions of this Agreement shall not be in any way affected thereby.You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this site and Service, use of the Service, or access to the Service without the express written permission by IOTtech Softwares.Verbal, physical, written or other abuse (including threats of abuse or retribution) of any IOTtech Softwares customer, employee, member, director, executive or officer will result in immediate account termination.This agreement shall be governed by the rules and regulations of the authorities of the government of India and the parties hereto submit to the exclusive jurisdiction of the Delhi courts only.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, Bankruptcy, Delinquency, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, telecommunications problems, server down time, vandalism, hacking, earthquake, flood, theft, phone Service disruptions, Internet disruptions, loss of data, extreme or severe weather conditions or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
Your use of the Service is at your sole risk. The Service is provided on “as available” basis.By accessing this website/ ERP/ Mobile APP you consent to these terms and conditions and to the exclusive jurisdiction of the Indian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.You accept and acknowledge that IOTtech Softwares is not at all responsible for any false data stored in the database because the data to be stored in the database is being provided by the school.School will be responsible regarding correctness and validity of the data.You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.You must not transmit any worms or viruses or any code of a destructive nature.If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by IOTtech Softwares), we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
IOTtech Softwares does not warrant that (I) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, Services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
You undertake not to use the Service in any manner, or in furtherance of any activity, which constitutes a violation of any law or regulation or which may result in fraud on any person or which may cause IOTtech Softwares to be subject to investigation, prosecution or legal action.
NOTIFICATION OF CHANGES
The Company reserves the right to change these conditions from time to time without any prior notice to the users of service as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms.Any addition of new features, resources and tools to increase service performance will be subject to these terms of service. These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website/ ERP/ Mobile APP and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.We invite you to review the most recent version of these terms and conditions at the websites of IOTtech softwares.
TERMINATION OF AGREEMENTS
Both the School and IOTtech Softwares have the right to terminate any Services Agreement for any reason, including the ending of services that are already underway. Non-payment to company will lead termination of agreement without notice. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway.
This document was last updated on……..10.2019