TERMS OF USE

 

  1. Platform

 

These Terms & Conditions (“Terms”) govern the use of AspectO Technologies Inc. (“Company/We/Us/Our”) website “aspecto.tech”, Our applications or any products or services in connection with the Application/Website/products, including Student App, Parents App, Teachers App, Falcon Dashboard (collectively the “Platform”) and registration with us as a student, teacher or parent (“Member/User/You/Your”).

 

These Terms constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.

 

Please read the Terms and the privacy policy of the Company (“Privacy Policy”) carefully before using the Platform.

 

The Company provides a personalized service that allows students, teachers and parents to access the Platform to enable teachers to analyse and identify students’ attention and interaction & communication during classroom activities and assist teachers in identifying students who are in need of extra attention & care and further aid parents in monitoring the safety and security of their wards when in school. The Platform also enables provision of personalized learning plans generated on the basis of analysis of students’ attention span and communication and interaction with the teacher(s).

 

    1. Acceptance of Terms of Use

 

The use of this Platform is conditional upon your acceptance of these Terms of Use and our Privacy Statement. These Terms of Use govern your use of our service. As used in these Terms of Use, "service", "our service" or "the service" means the service provided by the Company. You will be deemed to have accepted these Terms of Use and our Privacy Statement by continuing to use this Platform, regardless of whether or not you register as a member. Please read these Terms carefully. By accessing or using the Platform, you are agreeing to these Terms and concluding a legally binding contract with the Company and/or its affiliates. If you do not agree to these Terms of Use you must not use this Platform.

 

The Company reserves the right at any time to modify these Terms and Conditions and to impose new or additional terms or conditions on your use of the Platform. The Company will notify you of the modifications and/or new or additional terms or conditions by revising the date at the top of the Terms and Conditions and, in some cases, may provide you with additional notice (such as adding a statement to the Company homepage or sending you an email notification). Such modifications and/or additional terms and conditions will become effective at the end of the 30 day period beginning when the Company posts the changes via the Platform (“Notice Period”). If you disagree with any changes, you must stop using the Platform within the Notice Period. Your continued use of the Platform after the Notice Period will be deemed acceptance of the changes. You should review these Terms and Conditions whenever you access the Services and at least every 30 days to make sure that you understand the terms, conditions, and restrictions that will apply to your use of the Platform.

 

If you do not agree with the Terms or the Privacy Policy, please do not use the Platform. Any access to the Platform through registrations/subscription is non-transferable.

 

  1. Formation of contract

 

By registering as a member, you enter into a contract with the Company in respect of the Platform that may or may not be free of charge. 

 

  1. Eligibility

 

Persons who are "competent/capable" of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register with the Platform. Persons who are minors, un-discharged insolvents etc. are not eligible to register with the Platform. As a minor if You wish to use the Platform, such use shall be made available to You by Your legal guardian or parents, who has agreed to these Terms. In the event a minor utilizes the Platform, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of the Platform that may occur by virtue of any person including a minor registering with the Platform.

 

By using the Platform, You warrant that all the data provided by You is accurate and complete and that student using the Platform has obtained the consent of parent/legal guardian (in case of minors). The Company reserves the right to terminate Your subscription and / or refuse to provide You with access to the Platform if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the Platform is not given by Your parent/legal guardian or any information provided by You is inaccurate.

 

You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Platform.

 

For Teachers & Parents: You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms. By using the Platform, you represent, undertake and warrant that you have the right, authority and capacity to enter into this Agreement and to comply with all of the Terms of Use.

 

For Corporate Entities: If you are using the Platform on behalf of an entity, you represent and warrant that you are authorized to accept these Terms and Conditions on the entity’s behalf and that the entity agrees to be responsible to the Company if you violate these Terms and Conditions.

 

  1. Password security

 

As part of the member registration process, you will be required to select a password. You are solely responsible for selecting a password that is not easily guessed and for keeping your password safe, and agree not to transfer or resell your use of or access to the Platform to any third party. If you have reason to believe that your account is no longer secure, you must immediately notify us and you must promptly change your password by updating your account information.

 

  1. Verification of identity

 

We may from time to time request a form of identification to verify:

 

      1. your identity;

 

      1. a written confirmation that you are not in breach of the terms of use and the Privacy Policy;

 

      1. the information provided by you;

 

      1. information pertaining to your education;

 

      1. your compliance with our Terms of Use.

 

  1. Account

 

You may become a member of the Platform free of charge by creating your account with us. Free membership will only entitle you to participate in some of the features available as part of the Platform. The Company reserves the right to charge membership fee to access additional features on the Platform.

 

Your account on the Platform is meant for personal use only, as it’s specifically catered to the classroom you’re enrolled in and the unique profile that you created with us. You are therefore neither allowed to provide others with authorization to access your account nor transfer your account to anyone else. Ultimately, you are responsible for the confidentiality of your account and acknowledge that the Company is not responsible for your account being accessed by any third party, especially by them gaining access to your device. If you believe that your account safety has been compromised, contact us at [•].  

 

We love to have you here on the Platform although we understand if at some point, you might no longer need our services. To terminate your account with us, you can delete your account by [Mode of Deletion/Termination of account]. Keep in mind that some information might be retained by us even after deletion for mainly legal and technical purposes.  Unless and otherwise required by law for accounting, tax, resolving disputes or other legal purposes, Company will not retain certain personal information for longer than 2 years upon deletion of your account although we’d like to usually store it for a lot shorter than that. We also retain the rights to suspend your account and enforce our terms via any means necessary, at our sole discretion without providing prior notice.

 

You acknowledge that currently the Company does not routinely undertake background checks, verify information provided or conduct criminal screenings of its users. We reserve the right to conduct investigations and background checks on all members, to confirm you are not in breach of any warranty and to determine whether any representation is false. You consent to allowing the Company to conduct such investigations, and the Company reserves the right to refuse and/or terminate your membership if you breach any warranty of or your representation proves to be false.

 

  1. Use of the Platform

 

    1. Use of the Platform requires Internet access, compatible hardware, and may also require periodic updates to your browser, hardware, and/or other software. You agree that meeting these requirements, which may also change from time to time, is your responsibility.

 

    1. Own risk

 

You acknowledge that your use of the Platform is solely at your own risk.

 

    1. Accurate information

 

You represent, warrant and undertake that the information and photos that you supply to the Service, the Platform and the Company is/are accurate in all respects, not in breach of this Agreement and not harmful to any person in any way.

 

Without limiting the above, you must not transmit or post on our Platform, any images that contain:

 

      1. images of any person other than you;

 

      1. nudity;

 

      1. images of other objects that do not contain you;

 

      1. a cartoon or illustration (even if it is of you).

 

    1. Information confidentiality

 

You agree that any material or information provided by you, including Registration Data (as defined in our Privacy Policy and which may include your full name, postal address, telephone number etc.) and the use thereof will be governed by the Privacy Policy. You acknowledge that any such material or information provided by you will be available to the parents of a student member and the teacher of the classroom the student member is enrolled in.

 

You are entitled to revoke your consent, or object to our use of your Registration Data at any time, in accordance with the processes set out in our Privacy Policy.

 

    1. Copyright assigned

 

Because your content is inherently public and chronicles matters of public interest, the license you grant us for this content is broader. For your content, you grant the Company, the Company’s affiliates, and business partners all of the same rights you grant for non-Public Content in the previous paragraph, as well as a perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, publicly perform, and publicly display your content in any form and in any and all media or distribution methods (now known or later developed). To the extent it’s necessary, when you appear in, create, upload, post, or send your content, you grant the Company., the Company’s affiliates, and its business partners the unrestricted, worldwide, perpetual right and license to use your name, likeness, and voice, including in connection with commercial or sponsored content. This means, among other things, that you will not be entitled to any compensation from the Company, its affiliates, or its business partners if your name, likeness, or voice is conveyed through the Platform or on one of our business partner’s platforms.

 

    1. Legal access

 

You must ensure that your access to the Platform and use thereof is not illegal or prohibited by laws which apply to you. You are solely responsible for the legality of your actions under all applicable laws.

 

    1. Except as mentioned below, all information, content, material, trademarks, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Platform are proprietary property of the Company (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Company and nothing on this Platform shall be deemed to confer a license of or any other right, interest or title to or in any of the intellectual property rights belonging to the Company, to the User. 

 

    1. In the preparation of the Platform and contents therein, every effort has been made to offer the most current, correct, and clearly expressed information possible. Nevertheless, inadvertent errors may occur. In particular, but without limiting anything here, the Company disclaims any responsibility for any errors and accuracy of the information that may be contained in the Platform. Any feedback from User is most welcome to make the Platform and contents thereof error free and user friendly. Company also reserves the right and discretion to make any changes/corrections or withdraw/add contents at any time without notice. Neither the Company nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

 

    1. Your use of the Platform is solely for your personal and non-commercial use. Any use of the Platform other than for personal purposes is prohibited. Your usage of the Platform as aforesaid is subject to the following;

 

      1. You will not (a) use this Platform for commercial purposes of any kind, unless otherwise agreed to in writing by the Company or (b) advertise or sell the Platform or the services offered thereunder (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, or (c) use the Platform in any way that is unlawful, or harms the Company or any other person or entity as determined by the Company.

 

      1. You are solely responsible for the all content you add or upload to the Platform or transmit to other members of the Platform. This includes but is not limited to your profile, messages, video and audio recordings and other materials you may upload.

 

      1. By submitting content on or through the Platform, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed) and to associate your content with you, except as described below.

 

      1. Some parts of the Platform are interactive, and we encourage contributions by Users, which may or may not be subject to editorial control prior to being posted. The Company accepts no responsibility or liability for any material communicated by third parties in this way. The Company reserves the right at its sole discretion to remove, review, edit or delete any content. Similarly, We will not be responsible or liable for any content uploaded by Users directly on the Platform, irrespective of whether We have certified any answer uploaded by the User. We would not be responsible to verify whether such questions/answers or contents placed by any User contain infringing materials or not.
      2. You agree that you will not upload or post onto your profile or the Platform any content which:

 

        1. is abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, improper or otherwise inappropriate as determined at our sole discretion; or;

 

        1. Copy’s or infringes any third-party intellectual property rights or any other rights;

 

        1. depicts, describes, identifies or alludes to any person other than yourself.

 

    1. Notwithstanding any other provision of these Terms, the Company reserves the right to change, suspend, remove, or disable access to the Platform or any content or other materials comprising a part of the Platform at any time without notice. In no event will the Company be liable for making these changes. The Company may also impose limits on the use of or access to certain features or portions of the Platform, in any case and without notice or liability.

 

    1. Interaction with members

 

You are solely responsible for your interaction with other members of the Service.

 

    1. Rights and Obligations specific to Teachers and Parents (Only applicable to the members registering themselves as Teachers and Parents)

 

In addition to the above obligations applicable to all Users, you agree to the below terms if you sign up as a Tutor through the Services.

 

        1. You have read and agree to our Terms and Privacy Policy (found here), which may be updated from time to time upon prior written notice to you.

 

        1. You have the required qualifications, credentials and expertise to teach and offer the courses, instruction and materials you sign up to provide, and that any credentials you post are accurate, truthful, complete, and not misleading;

 

        1. You will not use the Platform for any business other than for providing tutoring, teaching and instructional services to registered Users;

 

        1. You will not engage in any activity that will require the Company to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;

 

        1. You will not interfere with or otherwise prevent other teacher members from providing their services or courses;

 

        1. You will respond to members seeking your services in a timely fashion, so as to ensure quality of service to Users;

 

        1. You possess all licenses, credentials, certifications or other form of governmental or third-party licenses, consents, authorizations or permissions, you shall not use the Platform as a Teacher until such license, consent, authorization or permission has been obtained.

 

    1. Your Covenants

 

You represent, warrant and covenant that:

 

      1. You have the right to enter into this Agreement with the Company

 

      1. You will not disclose any information provided to you through the Service to anyone without the prior permission of the person who provided it to you;

 

      1. Our company has zero tolerance for any attempt by any member to engage in any form of cybersex, sexual communication, or sexual contact with any person. Upon being notified of any illegal or inappropriate communications with a minor, we may report details to the appropriate Law Enforcement Agency.

 

      1. You will not use the Platform to engage in any form of harassment or offensive behavior, including but not limited to the distribution of any sexually and/or racially offensive, abusive, threatening, vulgar, obscene, harassing, libelous, slanderous, defamatory or objectionable material of any kind, nor any unlawful or illegal material, or any material that infringes or violates another party's rights (including, but not limited to, intellectual property rights and privacy rights);

 

      1. You will not impersonate any person or misrepresent your age or place information in your profile that is false or misleading in any way;

 

      1. You will not harvest or collect email addresses or other contact information of other users from the Service by electronic or other means or use the services to transmit "spam", chain letters, junk mail, or engage in any unsolicited mass distribution of e-mail;

 

      1. You will not use the Platform for any unauthorized commercial purposes;

 

      1. You will not solicit or attempt to solicit any money, bank account or credit card details or confidential financial information from any member or other user of the Service or the Platform;

 

      1. You will not send money or provide financial information to any person that you have communicated with or met via the Platform. The Company will not be liable for any loss (financial or otherwise) suffered by you as a result of this behavior. You agree to report anyone who attempts to solicit money or obtain financial information by either contacting customer support or using the "report abuse" function on the member’s profile;

 

      1. You will not solicit or attempt to solicit passwords from other members;

 

      1. You will not use the Platform to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services;

 

      1. You will not post or transmit material which contains viruses or other computer codes, files or programs which are designed to limit or destroy the functionality of computer software or hardware;

 

      1. You will not post or transmit in any manner any contact information including without limitation, email addresses, phone numbers, postal addresses, instant messenger IDs, Facebook usernames, URLs, or other social or other IDs through your publicly posted information;

 

      1. You will not use non-human or automated bots to login to the Platform;

 

      • When speaking to our customer service employees on the telephone or communicating with them by any other means, you will not be abusive, obscene, profane, offensive, sexually oriented, threatening, harassing or racially offensive ("Offensive Conduct"). You agree that, should you engage in Offensive Conduct, which is to be determined in our sole discretion, we will have the right to immediately terminate your account/membership;

 

    1. Notification of Copyright Infringement

 

      1. The Company respects the intellectual property rights of others. If you encounter content displayed on the Platform that you suspect belongs to you or a third party, and that content is being displayed in a manner which violates or appears to violate your copyright or other intellectual property right or an intellectual property right belonging to a third party, you may submit a notification by providing the following information to the Company:

 

        1. Your contact details – including address, telephone number, and email address;

 

        1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

 

        1. A description of the work or other intellectual property that has or is suspected to have been infringed;

 

        1. The name of the Platform where the suspected infringing material is located;

 

        1. A description of where the suspected infringing material is located on the Platform;

 

        1. A statement from you which:

 

          1. outlines your good faith belief that the disputed use is not authorized by the copyright owner, the agent or the law;

 

          1. is made, under penalty of perjury, that the information provided in your notice is accurate and supplied in good faith and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

 

Notices may be sent via email at: [•]

 

  1. No Refunds

All payments are final and no refunds will be issued. For any billing related questions in regards to payment, please contact Customer Service at [●].

 

  1. Information

 

    1. Monitor information

 

We reserve the right to monitor all profiles, messages, chat, instant messages, videos, posts and audio recordings to ensure that they conform to the requirements of these Terms of Use and for the . To ensure that we provide the highest level of service and the safest online environment to our customers, we have engaged one or more third parties to provide online security functions for our customers. Providing this security requires the collection of certain non-personal data from your computer or other device by which you connect to our Platform. You expressly acknowledge and agree to our collection, whether directly or by third-party security providers, of certain non-personal data to be used for the sole purpose of ensuring a secure and safe online environment for you. Even though no personal data is collected, we ensure that any third parties with which we contract for security services observe the highest data protection and privacy standards.

 

    1. Editing Information

 

While we do not and cannot review all messages or other material posted or sent by members of the Platform, and are not responsible for any content of these messages or materials, we reserve the right, but are under no obligation, to delete, move or edit messages or material (including profiles, messages, posts, videos and audio recordings) that we, in our sole discretion, deem to breach these Terms of Use or to be otherwise unacceptable.

 

    1. Security of information

 

Unfortunately, no data transmission over the internet can be guaranteed as being totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us or which we transmit to other permitted third parties in accordance with our Privacy Policy. Accordingly, you expressly acknowledge any information which you transmit to us is transmitted at your own risk.

 

You further expressly consent to our transmission of your Registration Data to permitted third parties, both within and outside of the jurisdiction in which you reside, in full knowledge of the risks associated therewith, particularly where such other jurisdictions do not have the same or a similar level of protection as that in your country of residence. You are entitled to revoke your consent, or object to our use of your Registration Data at any time in accordance with the processes set out in our Privacy Policy.

 

Notwithstanding the above, once we receive your transmission, we will take reasonable steps to preserve the security of such information.

 

  1. Restricted use

 

Unless we agree otherwise in writing, you are provided with access to the Platform for your personal use only. Businesses, groups, organizations and companies are prohibited from registering as member. You are authorized to print a copy of any information contained on the Platform for your personal use, unless printing is expressly prohibited. Please contact us via email at [•] if you are a business/entity looking to use our services or collaborate with us.

 

  1. Direct marketing

 

You expressly agree and consent that the Company may use and disclose personal data that the Company collects about you for the purpose of direct marketing. You are entitled to revoke your consent, or object to our use of your Registration Data at any time, in accordance with the processes set out in our Privacy Policy.

 

  1. Communication

 

The Company reserves the right to send electronic mail to you regarding changes or additions to the Platform, or any products and services of the Company and its affiliated businesses.

 

  1. Advertisements

 

    1. Sole responsibility

 

Responsibility for the content of advertisements (if any) appearing on the Platform (including hyperlinks to the advertisers’ own Platforms) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement of the advertisers’ product or service by the Company. Each advertiser is solely responsible for any representation made in connection with its advertisement.

 

In furtherance to the aforesaid, you acknowledge that, we also provide advertisers with reports about the performance of their ads to help them understand how people are interacting with their content on and off the Platform. We don’t share information that directly identifies you (information such as your name or email address that by itself can be used to contact you or identifies who you are) unless you give us specific permission. 

 

  1. Intellectual property ownership

 

The Company retains all rights, titles, and interests in the Platform and the corresponding intellectual property rights and reserves all rights not expressly granted.

 

    1. Copyright

 

Copyright in the Platform (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by the Company. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1976 and similar legislation which applies in your location, and except as expressly authorized by these Terms of Use, you may not in any form or by any means:

 

      1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the Platform; or

 

      1. Commercialize any information, products or services obtained from any part of the Platform;

 

without our prior written permission.

 

 

    1. Trade marks

 

Except where otherwise specified, any work or device to which is attached the ™ or ® symbol is a registered trademark. If you use any of the trade marks owned by the Company in reference to our activities, products or services, you must include a statement attributing the trademark to the Company. You must not use our trade marks:

 

      1. in or as the whole or part of your own trade marks;

 

      1. in connection with activities, products or services which are not ours;

 

      1. in a manner which may be confusing, misleading or deceptive; or

 

      1. in a manner that disparages us or our information, products or services (including without limitation, the Platform).

 

  1. Linked Platforms

 

    1. Links provided for convenience only

 

The Platform may contain links to other Platforms ("Linked Platforms"). Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with Linked Platforms.

 

    1. No endorsement

 

Our links with Linked Platforms should not be construed as an endorsement, approval or recommendation by the Company of the owners or operators of the Linked Platforms, or of any information, graphics, materials, products or services referred to or contained on Linked Platforms, unless and to the extent stipulated to the contrary. We recommend that you review the terms of use and privacy policy of a Linked Platform prior to use of it.

 

  1. Privacy Policy

 

Our collection, use, and sharing of personal and other information about You is subject to Our Privacy Policy. You consent to the collection, retention, use, and sharing of this information as set forth in Our Privacy Policy.

 

We do not sell Registration Data to any third parties or provide Registration Data to third parties for any business purpose (unless that business purpose has been specifically referred to in our Privacy Policy). However, it is clarified that, we reserve the right to share your Registration Data with our affiliates, and our contractors for us to provide to better services to you.

 

  1. Disclaimers and Limitation of Liability

 

    1. No warranties as to accuracy

 

We do not make any representations or warranties that the material or information provided through the Platform (including any member profile, advice, opinion, statement or other information displayed, uploaded or distributed by the Company or any member or any other person or entity) is reliable, accurate or complete or that your access to the Platform will be uninterrupted, timely or secure. We are not liable for any loss arising from any action taken or reliance made by you on any information or material provided through the Platform. You should make your own enquiries before acting or relying on any information or material which appears on the Platform. You acknowledge that any reliance upon any such material or information shall be at your own risk.

 

    1. No warranties as to availability

 

We do not warrant that the Platform will be uninterrupted or error-free. The Service is distributed on an "as is" basis. There may be delays, omissions, and interruptions in the availability of the Service or the Platform. Where permitted by law, you acknowledge that the Service (and the availability of the Platform) is provided without any warranties of any kind whatsoever, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

 

    1. Implied warranties excluded

 

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms of Use is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

 

      1. if the breach relates to Services:

 

        1. the supply of the Services again; or

 

        1. the payment of the cost of having the services supplied again.

 

    1. No liability for loss

 

We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, the Platform or any Linked Platforms, nor do we accept any responsibility for any loss arising out of your use of, or reliance on, information contained in or accessed through the Service or the Platform. For the avoidance of doubt and without limiting the generality of the foregoing:

 

      1. The Company does not accept any responsibility or liability for any direct, indirect, tentative, incidental, special or consequential damages arising out of or in any way connected with your use of the Platform or with any delay or inability to use the Platform, or for any information, products and other services obtained through the Platform, or otherwise arising out of the use of the Platform, whether based under contract, negligence or other tort, strict liability or otherwise, even if the Company has been advised of the possibility of such damage;

 

      1. The Company does not accept any responsibility or liability for any information or material which you submit to the Platform nor do we accept any responsibility for any use or misuse of any information or material which you submit to the Platform by other members or users;

 

      1. The Company does not accept any responsibility or liability for the conduct of any member or other user of the Platform, including without limitation any conduct which causes physical injury to any person.

 

  1. Specific warnings regarding online communication

 

    1. Risks

 

You acknowledge that there are risks involved in online correspondence, including without limitation, unknowingly dealing with underage persons or persons acting under a false pretense or for a criminal purpose. You agree to take all necessary precautions when communicating with or meeting with other users, especially if you decide to meet in person. In addition, you agree to review our online dating safety tips prior to using the service.

 

    1. No warranty as to identity of members

 

You acknowledge that user authentication on the internet is extremely difficult. The Company cannot and does not warrant that each member or user of the Platform is who he or she claims to be. Further, the Company cannot and does not warrant that member profiles are reliable, accurate or complete. Accordingly, you must be careful in dealing with other members or users of the Service or the Platform.

 

  1. Termination

 

    1. Agreement effective for members

 

This Agreement will remain in full force and effect while you are/were a member of the Platform or while you otherwise use the Platform.

 

    1. Termination of membership by you

 

You may stop using the Platform at any time. Follow the instructions set out in the Platform to delete your Account, which involves closing your Account and removing your data. You also have the option to download a copy of your data first. However, the information provided by You to us will be retained by us for a period of 2 years.

 

    1. Termination of membership by us

 

The Company may suspend or terminate your use of the Platform, your memberships, or your membership’s access to all or part of the Service if (a) you materially or repeatedly breach these Terms; (b) we are required to do so to comply with a legal requirement or a court order; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, the Company or our Affiliates; or (d) for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Platform by others.

 

    1. Deactivation for non-use

 

We may deactivate your account if you have not used the Platform for a consecutive 6-month period.

 

If your Membership is terminated or your Account’s access to the Platform is restricted, you may continue using certain aspects of the Platform (such as viewing only) without an account, and these Terms will continue to apply to such use. If you believe your Account has been terminated in error, you can appeal by contacting our administration.

 

  1. Indemnity

 

To the extent permitted by law, you agree to indemnify, defend and hold the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives harmless from and against any and all claims, loss, damage, taxes including VAT/GST, liability and/or expense (including legal costs on a full indemnity basis) that may be incurred by the Company, its affiliates, related bodies corporate, shareholders, officers, employees, agents and representatives arising out of or in connection with:

 

      1. any breach by you of these terms;

 

      1. any unauthorized use of the site that can be connected or associated to you;

 

      1. any breach by you of any law; and

 

      1. any act or omission that you may do in connection with the site.

 

You agree to cooperate fully in the defense of any Claim. We reserve the right (but are under no obligation) to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, provided that you shall remain liable for any such Claim.

 

  1. General

 

    1. Failure to Comply

 

The Company accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.

 

    1. No Waiver

 

If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

 

    1. Severability

 

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall continue in full force.

 

    1. Language of Agreement

 

The language of this Agreement is English. Where the Company has provided a translation of the English version of this Agreement, you agree that the translation is provided for your convenience only. If there is any inconsistency between the English language version of this Agreement and a translation, the English language version will prevail.

 

    1. Variation

 

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon notification on the Platform. Your continued use of the Platform following such notification will represent an agreement by you to be bound by these Terms of Use as amended.

 

    1. Assignment

 

You must not assign any of your rights under this Agreement or in respect of the Service or Platform to any third party. The Company has the right to assign any or all of its rights and obligations under this Agreement or to the Service to any third party. At the election of the Company, in the event that the Company's obligations under this Agreement are assumed by a third party, the Company shall be relieved of any and all liability under this Agreement.

 

    1. Relationship

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this Agreement or your use of the Platform.

 

  1. Definitions

 

In these Terms of Use, the following expressions have the corresponding meanings:

 

"Claim" means, in relation to a person, a claim, demand, remedy, suit, injury, damage, loss, cost, liability, action, proceeding, right of action, claim for compensation or reimbursement or liability incurred by or to be made or recovered by or against the person, however arising and whether ascertained or unascertained, or immediate, future or contingent;

 

"Commercialize" means to exploit, market, promote, develop, integrate, research, sell and conduct any other activity for profit or reward;

 

"Privacy Policy" means the Company's privacy policy which is available on the Platform;

 

"Registration Data" means any information relating to an identifiable natural person ('data subject'); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, details of the school and classroom and such other information as may be required by the Company for the purpose of registering members and opening their accounts on the Platform;