Terms & Conditions

2. LIMITATION OF LIABILITY
o In no event, shall Licensor, or any of its directors, officers, employees, agents or content or service providers (collectively, the "Protected Entities") be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use the Website or the App or the content, materials and functions related thereto, the Product, user's provision of information via the Website, lost business, even if such Protected Entity has been advised of the possibility of such damages.
o In no event shall the total aggregate liability of the Protected Entities to a user for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms of Use or a user's use of the Website/App or the Product exceed the total price actually paid by such user for booking/reserving an Accommodation through the Website/App.

3. INTELLECTUAL PROPERTY RIGHTS
o All rights to the Product, its contents and Documentation provided therewith, including title, ownership rights and Intellectual Property Rights therein shall remain the sole and exclusive property of the Licensor. Licensee shall not own any Intellectual Property Rights with respect to the Product, customization, training material and accompanying Documentation, including Licensor's confidential information under this Agreement. Licensee shall own all Intellectual Property Rights with respect to data and other relevant information provided by Licensee.
o Notwithstanding anything contained in this Agreement or otherwise, nothing in this Agreement shall be construed as a transfer in the Intellectual Property Rights of the Licensor to the Licensee.
o The Licensee shall not use the Intellectual Property Rights of the Licensor without the prior written consent of the Licensor. Contravention of this provision shall be construed as a material breach of this Agreement.

4. DISCLAIMER OF WARRANTIES
o Licensee hereby expressly agrees and acknowledges that, except as provided in this Agreement, the Product is provided "as is" and "as available" without any representations, conditions, warranties or covenants whatsoever with respect to the Product, including without limitation, any express, statutory or implied representations, warranties or conditions of merchantability, merchantable quality, satisfactory quality or fitness for a particular purpose, or arising otherwise in law or from a course of dealing or usage of trade, all of which are expressly disclaimed and excluded. The Licensor does not warrant that the Product shall be error free or will perform in an uninterrupted manner.

 

5. ARBITRATION
o In the event of any dispute arising out of or in relation to this Agreement, the Parties shall try and resolve the dispute amicably in good faith through negotiations. In case the dispute is not resolved within a reasonable time, the Parties agree to submit the same for arbitration to a sole arbitrator, mutually appointed by the Parties. In the event that the Parties cannot agree upon a sole arbitrator, each Party shall appoint an arbitrator and the two arbitrators shall mutually appoint the third presiding arbitrator. The arbitration proceedings shall be governed by the provisions of the Arbitration and Conciliation Act, 1996, as amended. Arbitration proceedings shall be conducted in the English language and the venue shall be Bengaluru, Karnataka, India. The award of the arbitration proceedings shall be final and binding on the Parties.

6. GOVERNING LAW AND JURISDICTION
o This Agreement shall be governed by and construed under the laws of India. Subject to arbitration clause above, any dispute arising out of or in relation to this Agreement shall be submitted to the sole jurisdiction of the courts of law at Bengaluru, Karnataka, India.

7. FORCE MAJEURE
o Without limiting the foregoing, under no circumstances shall Licensor be held liable for any damage or loss due to deficiency in performance of the Product resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, power failures, internet outage, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots, etc.

8. NOTICES
o Any and all notices that either Party is required or may desire to give to the other Party hereunder, shall be given by addressing the communication to the address set forth at the start of this Agreement, and shall be served by speed post or registered post. Any change to the above-mentioned address shall be informed to other Party in writing, within thirty (30) days.

9. ASSIGNMENT
o The Licensor shall assign this Agreement and its rights and obligations hereunder in whole, but not in part, to any corporation or other entity with or into which the Company may hereafter merge or consolidate or to which the Company may transfer all or substantially all of its assets, if in any such case said corporation or other entity shall by operation of law or expressly in writing assume all obligations of the Company hereunder as fully as if it had been originally made a party hereto; the Licensor may not otherwise assign this Agreement or its rights and obligations hereunder.

10. SEVERABLILITY
o The provisions of this Agreement shall be deemed severable, and the invalidity or unenforceability of any provision (or part thereof) of this Agreement shall in no way affect the validity or enforceability of any other provision (or remaining part thereof).

11. WAIVER
o No delay or failure of either Party in exercising any right and no partial or single exercise of any right shall be deemed to constitute a waiver of that right or any other rights under this agreement.
 

12. AMENDMENT
o This Agreement cannot be altered or modified except by a written agreement or addendum duly signed by authorized representatives of the Parties.

13. ENTIRE AGREEMENT
o This Agreement contains the entire agreement and understandings by and between the Parties with respect to the covenants herein described, and no representations, promises, agreements or understandings, written or oral, not herein contained shall be of any force or effect.

14. THIRD PARTY LINKS
o The Website or the App may contain links belonging to third parties and the user acknowledges that Licensor does not endorse any of these third-party links or the Product or goods provided by way of these links. Licensor will not be liable for the nature of the content provided on any of these third-party links or the privacy practices followed by these third parties. Licensor does not provide any warranty regarding the materials posted on such third-party websites or the Product offered by them and disclaims all responsibility for the quality of the Product offered by any of these linked sites.

15. THIRD PARTY CONTROL
o The flow of data over the internet depends in large part on the performance of connections and Product provided by third parties. Failure of such third parties to perform their Product correctly can disrupt internet sessions, thereby interrupting the Product. Licensor cannot guarantee such events will not occur, and disclaims any and all liability, claims or losses resulting from or relating to such events.

16. GRIEVANCE REDRESSAL
o If you believe that your rights have been violated by any Product or have any other grievance due to use of the Website and/or App, contact us at sattvaschool2024@gmail.com to redress the same.

17. CONFIDENTIALITY
o The Licensor shall keep all information including documentation, methods, processes, data of the Users shared with respect to the Agreement as Proprietary of the Licensee and treat the same as confidential and shall not disclose such information to any third party, except, disclose pertinent aspects of the Agreement to government and / or regulatory authorities, as required by law.
o Licensor shall not disclose, provide or otherwise make available the Product to any person other than the employees of Licensor whose use of or access to the Product is necessary to the continuity of the Product under this agreement.

18. DELIVERY
o The Product (Web and Mobile applications including any enhancements, upgrades or updates) shall be transmitted by the Licensor to the Licensee through Play store / App store / sattva school website.

19. TERM OF THE AGREEMENT
o The Terms of this Agreement shall commence from the date of subscription (signup) and continue to be in force till the time licensee uses the product or services of Licensor.
o Either Party may terminate this Agreement in the event of the other Party is adjudicated bankrupt or becomes insolvent, makes any assignment for the benefit of creditors, proceedings are instituted by the other party seeking relief, reorganization or rearrangement under any laws relating to insolvency, bankruptcy or similar laws of any jurisdiction, a receiver, liquidator or trustee is appointed in respect of any property or assets of the other party or an order is made for the liquidation, dissolution or winding up of the other party
o The Licensor reserves its right to terminate this Agreement with notice of thirty (30) days, in the event that the Licensee makes illegal or unauthorized use of the Product as referred in this agreement.
o Upon termination or expiration of this Agreement, Licensee shall cease all use of the Product, and all related documentation including all confidential information in Licensee's possession and shall so certify in writing to the Licensor forthwith / immediately.

 

20. LICENSE
o Grant of license: Subject to the terms and conditions of this Agreement Licensor hereby grants Licensee a non-exclusive, non-transferable, revocable license to use the Product for the Term. The Licensee shall be provided access to the Product, and the Licensee may authorize its employees, authorized users and/or franchisees/franchisors to access it. Licensee shall be responsible for use or misuse of the Product by its Authorized Users. The Licensee understands and acknowledges that the Licensee shall not have the right to sub
-license or re-distribute the Product to third parties, without prior written permission of the licensor. Nothing in this Agreement shall be considered as a grant of title or ownership of the Product to the Licensee.
o Scope of license: In order to use the Product, you may be required to Signup for a User Account with password (User Account). At the time of signup, you shall be required to share information which may include personal information (Personal Information) including but not limited to information regarding Licensee's e-mail ID, name and complete address, institution details, and other relevant details. Licensee agrees that any registration information provided by the User shall always be duly verified accurate, correct and complete.
o Obligations of Licensee: Use of the Product is based on Licensee obtaining and maintaining access to the Internet, and all equipment necessary for proper operation of the Product. Licensee is required to maintain and use secure passwords, if any, for the access and use of the Product. Licensee is responsible for all activities that occur under Licensee's account on the Product. Licensee shall be solely responsible for ensuring the security and confidentiality of such user names and passwords, if any. Licensee undertakes to prevent unauthorized access to, or use of, the Product and shall notify Licensor immediately of any such unauthorized use or other known breach of security. Licensee shall report to Licensor immediately and stop immediately any copying or distribution of the Product that is known or suspected by Licensee. Licensee shall abide by the Privacy Policy on Licensor's website (https://ikriyo.com) and Licensor reserves the right to update such policy as set forth therein. Any use of the Product in violation of Licensor's Privacy Policy shall be a material breach of this Agreement. Licensee shall be solely responsible for providing all relevant data required for the proper operation of the Product. Licensee shall be solely responsible for the accuracy, quality, integrity, reliability, appropriateness, and intellectual property ownership or right to use such data. Licensor is under no obligation and shall not be liable to review such data for accuracy, acceptability or potential liability. Licensee grants to Licensor all necessary licenses in and to such data solely as necessary for Licensor to provide the Product to Licensee.
o Product Support : Licensor will provide support for the Product during the business hours (9:00 AM till 6:00 PM in IST) on working days (Monday till Friday in IST, except Holidays as decided by the Licensor). Support shall be in the form of Chat or Email and the Licensor will try to respond on the same Business Day.
o Supported Devices : The Product can be used only on those devices which are permitted by Android and iOS in consonance with their operating system and Software Development Kit (SDK) updates.
o Notifications: Push notifications delivery is dependent on device settings. The settings might vary from device to device. The Licensor is not responsible for non-delivery/delay of notifications.
o Updates / Upgrades: In the event of any bug in the product (as determined by the Licensor), Licensor agrees to release updates to the existing apps for no extra charge in the subsequent releases. In the event that the Licensor launches new updates in the App store / Play store i.e., new features on top of existing system, Licensee may subscribe to such upgrades at an additional fee as intimated by the licensor from time to time.

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21. PAYMENT
o The Licensor is providing all the features in sattva school management product suite (both the school and parent facing apps) for FREE. There is no need of making any payment to use the product.
o The Licensor shall launch additional products or services or new features in the same product. Some of these may be premium/paid services. Subscribing to such products/services/features is OPTIONAL.

 

22. CURRENT, GRADUATED and ARCHIVED DATA
o All the Data is stored on the cloud (AWS by Amazon and Firebase by Google) and is governed by the policies of these cloud providers.
o Access to Graduation and Archived Data Store is a complimentary feature offered by the Licensor currently and can be made a premium/paid feature in future to bear the costs of maintaining the same on the cloud storage.
o If a school doesn't want to continue using the product, they can download the data as permitted in the product. Licensee will get a week's time (7 days) for this purpose beyond the subscription expiry date before the Licensee's(school) account is set for deletion.
o Data deletion by the Licensee or its authorized users is permanent in nature and it can't be restored.
o Franchisors shall obtain an Acceptance/NOC from the individual schools for accessing their data either in aggregate or granular form.

23. TRAINING, ONBOARDING, SUPPORT and MAINTENANCE
o Licensor shall provide some or all of these resources required for a smooth onboarding of the users in the app itself - Explainer screens, FAQs, Demo/Training Videos.
o No manual training or user manual or presentations are needed for using the product and hence shall not be entertained.
o One time bulk upload of Children Profiles, using the data provided by the Licensee in the format given by the Licensor will be done. Any additional such requests shall attract charges as decided by the Licensor.
o Licensor will provide support for any queries arising from Product usage by the Licensee or the school staff during the business hours (9:00 AM till 6:00 PM in IST) on working days (Monday till Friday, except Holidays as per Licensor's Policy).
o Support shall be in the form of Chat or Email and the Licensor shall try to respond on the same Business Day.
o In the event of any bug in the product (determined as a bug by the Licensor), Licensor agrees to release updates to the existing apps for no extra charge in the subsequent releases.

24. PRODUCT ENHANCEMENTS
o In the event that the Licensor launches new updates in the App store / Play store i.e., new features on top of existing system, Licensee may subscribe to such new features paying a fee as intimated by the licensor during the launch.
o Wherever Licensor agreed to white-label the Parents-facing app, it is subject to approval by the Play store / App store either during a new release or subsequent upgrade version release.
o Licensor is not liable to refund any cost incurred and collected from the Licensee for white labeling and also can't not be held responsible in that eventuality.
o Any customization of features by the Licensor for a Licensee is chargeable and is decided by the Licensor and agreed by the Licensee.