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TERMS OF SERVICE

These Terms of Service (“Terms”) are available on https://eis.edu.in/EISNTerms.html and were last updated on 16-May-2020.

  1. These Terms help define the relationship between you and Ebenezer International School, Nashik (“We” or “Organisation”). Organisation provides Students, Parents, Guardians, Teachers, and Staff (“You” or “Users”) with electronic/internet access, including but not limited to an Email System, Learning Management System, Course Management System, Web conferencing system, Social Network, Courses, Content, Live Video, Video, Audio, Chat Service and other Internet/Intranet-based services (“Electronic Services”).
  2. If you are a minor i.e. under the age of 18 years, you may use Electronic Services only with the involvement of your parent or guardian who then becomes the principal party on your behalf to these Terms.
  3. Please read these Terms carefully before using the Electronic Services. By using the Electronic Services, you signify your agreement to be bound by these Terms. We give You permission to use our Electronic Services if you agree to follow these Terms.
  4. These Terms govern Your access to and use of Our Electronic Services, and any information, text, links, graphics, photos, audio, videos, screen share, live video broadcast, live audio broadcast, polls, questions, assignments, or other materials or arrangements of materials uploaded, downloaded or appearing on the Electronic Services (collectively referred to as “Content”). By using the Services you agree to be bound by these Terms. If you are accepting these Terms on behalf of a minor (your child or ward) and using the Electronic Services on behalf of them, you represent and warrant that you are authorized to do so and have the authority to bind such a minor to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to both You and them.
  5. Use of Electronic Services is a privilege, not a right.
  6. These Terms govern all use of Electronic Services whether accessed by Users from within the Organisation’s physical premises and outside it. The term Users includes any persons with whom Students, Parents, Guardians, Teachers, and Staff may choose to share their account access credentials (“Users”).
  7. You will need to secure your electronic account (“Account”) by means of passwords and two-factor authentications to use some of our Electronic Services. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. By accepting account credentials like username, email ID, password, and related information, and accessing Electronic Services, you agree to these Terms. You also agree to report any misuse or policy violation(s) to the Organisation’s Head and with the email ID [email protected]. You agree to not share your password with anyone including any student of Organisation.
  8. Use of Electronic Services extends throughout a User’s tenure at Organisation, provided a User does not violate the Organisation’s policies regarding the use of Electronic Services.
  9. Any use or reliance on any Content or materials posted via the Electronic Services or obtained by you through the Electronic Services is at your own risk. You are responsible for your use of the Electronic Services and for any Content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Electronic Services or endorse any opinions expressed via the Electronic Services. You understand that by using the Electronic Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Electronic Services and, we cannot take responsibility for such Content.
  10. Electronic Services are provided as a tool for the Organisation’s academics and operations. The Organisation reserves the right to monitor, inspect, copy, review, and store at any time, without prior notice, any and all usage of Electronic Services, as well as any and all materials, files, information, software, communications, and other content transmitted, received or stored in connection with this usage. All such information, content, and files are property of the Organisation.
  11. You should have no expectation of privacy while using the Electronic Services. Network administrators may review files and intercept communications for any reason, including but not limited to maintaining system integrity and ensuring Users are using the system consistent with this Policy.
  12. By submitting, posting or displaying Content on or through the Electronic Services, you agree to transfer all rights, title, and interest in the Content to us. This transfer is automatic and irrevocable with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Electronic Services, as the use of the Electronic Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. Further, 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 (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Organisation to provide, promote, and improve the Electronic Services and to make Content submitted to or through the Electronic Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and Electronic Services, subject to our terms and conditions for such Content use. Such additional uses by Organisation, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Electronic Services, as the use of the Electronic Services by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein.
  13. You acknowledge that Organisation may or may not pre-screen Content, but that Organisation and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Electronic Services. Without limiting the foregoing, Organisation and its designees shall have the right to remove any Content that violates the terms mentioned in this document or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
  14. We may suspend or terminate your account or cease providing you with all or part of the Electronic Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or our other Terms and Conditions, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to prolonged inactivity; (v) our provision of the Electronic Services to you is no longer commercially viable; (vi) You not pay Us in full on or before the due time any monies such as fees you owe to Us; and (vii) unexpected technical or security issues or problems. Further, you agree that any and all such terminations, limitations of access and suspensions shall be made in Organisation’s sole discretion and You agree that Organisation shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Electronic Services (or any part thereof).
  15. The Organisation, at its sole discretion, will determine what materials, files, information, software, communications, and other Content and/or activity will be permitted or prohibited on Electronic Services.
  16. Termination of your Organisation Electronic account includes any or all of the following: (a) removal of access to all or part of the offerings within the Electronic Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Electronic Services.
  17. The use of Electronic Services is voluntary. You may terminate your Account with Electronic Services by writing to the Organisation’s offices, any associated email address
  18. You agree to not use the Electronic Services to:
    1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
    2. harm minors in any way.
    3. impersonate any person or entity, including, but not limited to, an Organisation’s subsidiaries, affiliates, officers, agents, employees, trustees, partners, and licensors (“Organisation’s Affiliates”), or falsely state or otherwise misrepresent your affiliation with a person or entity.
    4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Organisation Service.
    5. upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual relationships.
    6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party.
    7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes, “fake news”, or any other form of solicitation.
    8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
    9. make offensive or harassing statements based on race, colour, religion, national origin, ancestry, disability, age, sex, or sexual orientation.
    10. send ethnic, sexual preference, or gender-related slurs and/or jokes via e-mail. “Jokes”, which often contain objectionable material, are easily misconstrued when communicated electronically.
    11. send or solicit sexually oriented messages or images.
    12. attempt to access or visit sites featuring pornography, terrorism, espionage, theft, or drugs.
    13. cause annoyance, inconvenience or needless anxiety
    14. gamble or engage in any other criminal activity in violation of laws.
    15. engage in unethical activities or content.
    16. permit or grant use of your Account to any other person.
    17. use another user’s password or impersonating another person while communicating or accessing the Network or the Internet.
    18. Intentionally or unintentionally violate any applicable local, state, national, international law or any regulations having the force of law;
    19. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the Indian government as an illegal, terrorist and/or anti-social organization;
    20. “Stalk”, “Bully”, “Cyberbully”, “Flame”, “Troll” or otherwise harass another person; and/or
    21. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in these Terms
  19. NONCOMPLIANCE: Violation of these Terms by you will result in disciplinary action up to and including suspension, termination, or rustication from Organisation followed by appropriate legal action
  20. Any user who publishes or transmits or causes to be published in the electronic form, any material which is lascivious or appeals to the prurient interest or if its effect is such as to tend to deprave and corrupt people who are likely, having regard to all relevant circumstances, to read, see or hear the matter contained or embodied in it shall be strictly treated under the provision 67 of the Information Technology Act 2000 and as per the provisions of Indian Penal Code (see http://www.naavi.org/importantlaws/itbill2000/ch11.html) and other appropriate statutes applicable in that scenario.
  21. If you become aware of misuse of the Electronic Services or any violation of these Terms by any person, write to us at [email protected].
  22. SOFTWARE USAGE POLICIES AND PROCEDURES: Software piracy is both a crime and a violation of these Terms. You agree to use all software on Electronic Services strictly in accordance with its license agreement. Unless otherwise provided in the license, the duplication of copyrighted software is a violation of copyright law. In addition to being in violation of the law, unauthorised duplication of software is contrary to the Organisation’s code of conduct. The organisation does not condone and prohibits the unauthorised duplication of software. Users illegally reproducing software will be subject to civil and criminal penalties including fines and imprisonment. NOTE: Unauthorised reproduction of software is a criminal offense under Indian copyright laws. Violators may be subject to fines up to Rs. 1,00,000 per title copied and/or imprisonment of up to 5 years.
  23. INDEMNITY: You agree to indemnify and hold Organisation and Organisation’s Affiliates harmless from any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Electronic Services, your use of the Electronic Services, your connection to the Electronic Services, your violation of the terms mentioned in this document, or your violation of any rights of another.
  24. We reserve the right to make changes to our Electronic Services and these Terms at any time. If these Terms do change, the most up-to-date version will always be available on this page.
  25. You will be subject to the Terms in force at the time that you use the Electronic Service unless any change to these Terms is required to be made by law or government authority (in which case it will apply to your previous use of Electronic Services). If any of these Terms is deemed invalid, void, or for any reason unenforceable, that Term will be deemed severable and will not affect the validity and enforceability of any remaining Terms.
  26. DISCLAIMER OF WARRANTIES: you expressly understand and agree that:
    1. Your use of the Electronic Services is at your sole risk. The Electronic Services are provided on an “as is” and “as available” basis. Organisation and Organisation’s Affiliates disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
    2. Organisation and Organisation’s Affiliates make no warranty that
      1. The Electronic Services will meet your requirements.
      2. Electronic Services will be uninterrupted, timely, secure, or error-free.
      3. The results that may be obtained from the use of the Electronic Services will be accurate or reliable.
      4. The quality of any products, services, information or other material purchased or obtained by you through the Electronic Services will meet your expectations.
      5. Any errors in the Electronic Service will be corrected.
    3. No Content, Electronic Service, advice or information, whether oral or written, obtained by you from or through Electronic Services shall create any warranty not expressly stated in the terms mentioned in this document.
  27. Any material downloaded or otherwise obtained through the use of Electronic Services is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
  28. LIMITATION OF LIABILITY: You expressly understand and agree that Organisation and Organisation’s Affiliates shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, reputation, data or other intangible losses (even if Organisation has been advised of the possibility of such damages), resulting from:
    1. The use or the inability to use the Electronic Services.
    2. The cost of procurement of substitute goods and services
    3. Unauthorized access to or alteration of your transmissions or data;
    4. Statements or conduct of any third party on the Electronic Services; or
    5. Any other matter relating to the Electronic Services.
  29. We will not be held responsible for any delay or failure to comply with our obligations, if any, under these Terms if the delay or failure arises from any force majeure cause which is beyond our reasonable control including but not limited to sabotage, fire, flood, explosion, pandemic, acts of god, civil commotion, strikes or industrial action of any kind, riots, insurrection, war and acts/notification of government. It is expressly further clarified that the COVID-19 pandemic is a force majeure event. This Term does not affect your statutory rights
  30. If you breach these Terms and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
  31. These Terms are governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Mumbai.
  32. Your acceptance of these Terms supersedes all prior or contemporaneous negotiations, commitments, agreements and writings involving You with respect to the Organisation’s Electronic Services, and all such other negotiations, commitments, agreements, and writings will have no further force or effect, and the parties to any such other negotiation, commitment, agreement or writing will have no further rights or obligations thereunder.
  33. These Terms constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.

By electronically accessing, using, and continuing to use Electronic Services, you hereby certify that you have read and fully understand the contents of the Terms of Service listed above. Furthermore, you have been given the opportunity to discuss any information contained therein or any concerns that you may have. You acknowledge that the Organisation reserves the right to modify or amend its policies at any time, without prior notice. These policies do not create any promises or contractual obligations between the Organisation and you. Your electronic access, use and continued use of Electronic Services certify your knowledge, acceptance, and adherence to the Terms as listed above.

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