Terms of Service
Last modified: 21-May-2024
- Introduction
- Welcome to Diksha Online, Thanks for using our Website and/or Application (herein referred as “Service” or “Services” or “Platform”). The Services are owned and managed by Diksha Online Software Private Limited and its affiliates (“Company”). By accessing or using our Website and/or Application, you agree to comply with and be bound by these Terms of Service ("Terms").
- In this Terms of Services "we" , "our" and "us" refers to the Company and "you" , "your" and/or "Users" refers to the user of the Platform. Please read these Terms carefully before using K12App Platform and/or Application. If you do not agree to be bound by these Terms then, please do not use this Platform or the Services.
- Acceptance of terms
- By registering for an account, accessing, or using the Platform or Services provided by us, you accept and agree to these Terms and our Privacy Policy. These Terms apply to all users of the Platform, including but not limited to administrators, teachers, students, and parents.
- Age Requirement:
- Our Services are intended for users who are at least 13 years old. If you are under the age of 18, you and your parent or legal guardian should review these Terms to ensure that you both understand and agree to them. By using the Platform, you confirm that your use of the Platform is with the permission of your parent or legal guardian. Additionally, if required, you and your parent or legal guardian will perform or undertake activities necessary to enter into a legally binding and enforceable agreement with the Company.
- If you are using the Services on behalf of an organization or any legal entity, you represent and warrant that you have the actual authority to agree to these Terms on behalf of such organization or legal entity. By using this platform or accepting these Terms, you and your parent or legal guardian represent and warrant to the Company that you or your parent or legal guardian are 18 years of age or older and have the right, authority, and capacity to use the platform and agree to these Terms.
- Organizational Use: If you are using the service on behalf of an organization or any legal entity, your use of the Services on behalf of your organization shall also be governed by these Terms. Additionally, the use of the Services is subject to the provisions and validity of the signup form and/or software services agreement, if any, executed by your organization with the Company.
- Account Registration
- To use our Services and/or Platfrom, you must register for an account. You agree to:
- Provide accurate, current, and complete information during the registration process.
- Maintain and promptly update your account information to keep it accurate, current, and complete.
- Be responsible for safeguarding your password and any activities or actions under your account.
- User Conduct
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You agree to use our Services and/or Platfrom in compliance with all applicable laws and regulations. You will not:
- Use the Platform for any unlawful purpose.
- Post or transmit any content that is harmful, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Interfere with or disrupt the Platform or servers or networks connected to the Platform.
- Content and Intellectual Property
- Original content, features, and functionality are owned by Company and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Users are granted a limited, non-exclusive, and non-transferable license to access and use our Platform for personal or educational purposes in accordance with these Terms.
- User-Generated Content
- You may be able to create, upload, post, send, receive, and store content on the Platform. By doing so, you grant Company a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such content. You represent and warrant that you have the necessary rights to grant this license.
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Content Standards: All content you post must comply with the following standards:
- Must be accurate (where it states facts).
- Must be genuinely held (where it states opinions).
- Must comply with applicable law in India.
- Prohibited Content: Content that is prohibited includes, but is not limited to:
- Content that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Content that infringes any patent, trademark, trade secret, copyright, or other intellectual property or proprietary rights of any party.
- Content that violates the legal rights (including the rights of publicity and privacy) of others or causes any harm or damage.
- Content that promotes any illegal activity or advocates, promotes, or assists any unlawful act.
- Content that misrepresents your identity or affiliation with any person or organization.
- Monitoring and Enforcement.
- Monitoring and Enforcement: Company reserves the right to:
- Remove or refuse to post any user-generated content for any or no reason in its sole discretion.
- Take any action with respect to any user-generated content that we deem necessary or appropriate in its sole discretion, including if we believe that such content violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create liability for the Company.
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Platform.
- Terminate or suspend your access to all or part of the platform for any or no reason, including without limitation, any violation of these Terms.
- Use of Content for Promotion: By posting content on K12App Platform, you agree that Company may use your content for promotional purposes. This includes, but is not limited to, using content in marketing materials, social media posts, case studies, and other promotional activities. You grant Company a non-exclusive, royalty-free license to use, reproduce, modify, publish, and distribute your content for these purposes. You represent and warrant that you have the necessary rights to grant this license and that such use will not infringe any rights of third parties.
- Privacy
- Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to your privacy. By using our Services, you agree to the collection and use of information in accordance with our Privacy Policy.
- School Fee Collection Services
- Service Description: Company facilitates the collection of school fees on behalf of educational institutions on its our Platform. This service enables schools to manage and track fee payments efficiently, while providing a convenient payment option for parents and guardians.
- Payment Processing: By using the school fee collection services, you agree to the following terms:
- Payment Methods: You may pay school fees using various payment methods supported by our Services, including credit/debit cards, bank transfers, and other electronic payment methods.
- Payment Information: You must provide accurate and complete payment information. Company is not responsible for any payment processing errors or fees incurred due to incorrect payment information.
- Payment Confirmation: Once a payment is processed, you will receive a confirmation receipt. It is your responsibility to retain this receipt for future reference.
- No Refund Policy: All payments made through our Platfrom for school fees are non-refundable. By using the fee collection services, you acknowledge and agree that all transactions are final. If you have any issues or disputes regarding payments, you must contact the respective educational institution directly. Company will assist in facilitating communication but will not process any refunds.
- Fees: Company may charge a service fee for processing school fee payments. Any applicable fees will be disclosed prior to the completion of the transaction.
- Liability: Company is not liable for any issues related to the collection or processing of school fees, including but not limited to payment failures, delays, or errors caused by third-party payment processors.
- User Responsibility for Payment Authentication: It shall be the User's responsibility not to share the credentials for authenticating the payment, including the UPI pin or OTP, with any third party intentionally or unintentionally. The Company never solicits credential information for authenticating the payment, such as UPI pin or OTP, over a call or otherwise. The Company shall not be liable for any fraud due to the sharing of such details by the User.
- Changes to Services
- Company reserves the right to modify or discontinue, temporarily or permanently, any Service or feature on our Platform. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services on Platform.
- Force Majeure
- Company shall not be liable for any failure or delay in the performance of its obligations under these Terms due to events beyond its reasonable control, including but not limited to acts of God, war, strikes, labor disputes, embargoes, government orders, pandemics, or any other force majeure event.
- Termination
- Company reserves the right to suspend or terminate your account and access to the Servics at any time, without notice to you and in its sole discretion, for the conduct that Company believes violates these Terms or is harmful to other users of the Platform, or third parties, or for any other reason.
- Limitation of Liability
- To the fullest extent permitted by applicable law, Company or its director or affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill, or other intangible losses, resulting from:
- Your use or inability to use the Platform.
- Any unauthorized access to or use of our Servers and/or any personal information stored therein.
- Any interruption or cessation of transmission to or from the Platform.
- Disclaimer of Warranty
- Indemnification
- You agree to defend, indemnify, and hold harmless Company, its affiliates, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Platform.
- Your violation of any term of these Terms.
- Your violation of any third-party right, including without limitation any intellectual property, or privacy right.
- Refund/Cancellation
- The Company does not support refunds in any form for the Services purchased on the Platform. Please make the payments after carefully reading all the terms of the service as once the payment is done, it shall be considered final and cannot be cancelled.
- Links To Other Websites
- Our Platform may contain links to third-party websites or services that are not owned or controlled by the Company. The contents of these websites are not verified or endorsed by the Company in any way.
- Company 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 Platform, you should note that Company does not have any control over that website. Therefore, Company 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 our privacy statement. You should exercise caution and look at the privacy statement applicable to that website.
- You acknowledge and agree that Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
- Changes to The Terms
- Company reserves the right, at its sole discretion, to modify, delete or replace the Terms at any time. The Company will notify you of any changes by posting the new terms on this page and updating the "last updated" date at the top. You are advised to review this page periodically for any changes. Changes to the Terms are effective when they are posted on this page. By continuing to access or use the Platform after those changes become effective, you agree to be bound by the updated terms.
- Governing Law
- These Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any disputes relating to these Terms will be subject to the exclusive jurisdiction of the courts of Patna, Bihar, India.
- Contact Us
- If you have any questions about these Terms, or have requests for technical support please contact us at support@dikshaonline.com
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
COMPANY DOES NOT WARRANT THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION OR RESULTS OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE, COMPLETE, OR RELIABLE; OR (D) ANY DEFECTS OR ERRORS IN THE PLATFORM WILL BE CORRECTED.
ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR USE OF THE PLATFORM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.