1. AGREEMENT TERMS
If you are entering into this Agreement on behalf of a company or other business entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term the 'User', 'you' / 'your' shall also include such entity.
The User acknowledges and agrees that the mutual obligations of the Parties as contained herein are adequate consideration for the covenants of parties contained in this Agreement.
Certain features of our products and services may be subject to additional guidelines, terms or rules ("Usage Rules”), which will be posted by K12 Aspire in respect of such products and services at appropriate places on the App/Website and shall be deemed to be incorporated herein by reference.
This Agreement governs the access and use of all products and services offered by us.
2. SERVICES PROVIDED
Subject to the provisions hereof, K12 Aspire shall provide the below services and such other services as K12 Aspire deems fit, which may be updated from time to time at K12 Aspire's sole discretion ("Service” or "Services”):
- Use of K12 Aspire App/Website and/or their sub domains on a computer, laptop, tablet and/or mobile phone and any functionality available on the Website or desktop or Mobile Application.
- Use of K12 Aspire's Application Programming Interface ("API”) protocols in order to receive or transmit data with K12 Aspire's back-end server system.
- Access to data K12 Aspire Content (as defined below).
The User acknowledges that, while K12 Aspire may retrieve data as mentioned above, it is the User's responsibility to verify all details of such data, including miles / points balances and expiry dates directly with the relevant service provider/ company / third party with which the User is associated. K12 Aspire shall not be held liable for any losses or damages suffered by the User as a result of any discrepancies or mistakes in such data.
3. CONTENT RIGHTS
"K12 Aspire Content” means any data and information which may have been developed by K12 Aspire itself, or sourced from other third parties (including other users) (as mentioned in Services Provided). K12 Aspire Content is the sole property of K12 Aspire or a third party provider and may be protected by Indian and International copyright laws and/or other relevant legislations pertaining to intellectual property rights.
"User Content” means any data and information in any form provided to K12 Aspire by the User. The User agrees not to provide any content which is objectionable to a reasonable person or company. The User represents and warrants that all content submitted to K12 Aspire belongs to him/her, that he/she has a right to use the User Content and to upload the same on the App/Website/provide the same to K12 Aspire, and that no such action by the User, nor the displaying of the User Content on the App/Website and/or its access by third parties, including other users, will infringe on, or otherwise violate the rights of any person. The User hereby grants to K12 Aspire a royalty free license to display the User Content on the App/Website where it may be accessed by third parties (including other users).
4. REPRESENTATIONS, WARRANTIES AND COVENANTS
The User represents, warrants and covenants that he/she:
- Will adhere by all terms and conditions of this Agreement in his/her use of the App/Website and/or the Services
- Understands that the Services are for personal use only and agrees and undertakes that he/she shall use the Services only for himself/herself.
- Shall be solely responsible for managing his/her data and user account/s with K12 Aspire.Will solely be responsible for protecting their account information, passwords and content submitted through the App/Website.
- Will not copy, duplicate, reproduce, sell or exploit any of the Services or any K12 Aspire Content for his/her personal use or provide the same to any third party without the prior written consent of K12 Aspire/the relevant third party owner of such K12 Aspire Content.
- Will not use the Services or any K12 Aspire Content to violate any applicable laws or regulations or in a manner so as to lead to any sort of infringement of any intellectual property (trademark/ copyright/patent) or other proprietary rights of K12 Aspire or any other third party to whom such content belongs.
- Will not copy, reproduce, exploit or otherwise use the trade name, trade mark, logo or other branding of K12 Aspire or any other third party to which the User has access as a result of the App/Website, without the prior written consent of K12 Aspire or the relevant other third party.
- Agrees to follow all terms and conditions of membership / usage with third party companies they are associated with / will be associated with in the future.Will not attempt to or try to break any security measures or protocols related to the App/ Website.
5. DISCLAIMERS AND LIMITATIONS OF LIABILITY
The User acknowledges that the Services and/or the K12 Aspire Content may or may not meet his/her expectations. It is K12 Aspire's endeavor to provide the most accurate and hassle free information to users in an uninterrupted and secured manner, but the accuracy, reliability and security of the Services and K12 Aspire Content cannot be guaranteed and the User acknowledges that K12 Aspire Content could have errors or may not be up to date, for which K12 Aspire cannot be held accountable or liable at any time.
K12 Aspire takes no responsibility or liability for interruption of services due to maintenance or down time or certain events beyond the control of K12 Aspire or the failure to provide Services of the App/ Website at any time. Without prejudice the generality of the foregoing, K12 Aspire shall not be responsible for any loss of data or deletion of any User Content or data that may have been provided by the User resulting from such interruption of service.
The User acknowledges that K12 Aspire may as part of the features of the App/ Website, display advertisements / promotions / offers / enrolments, provide links to third party websites with whom K12 Aspire may have a business or contractual relationship for which K12 Aspire may receive monetary gain when the User engages with third parties through such advertisements / promotions / offers/ enrolments but that any such engagement is at the sole risk of the User as to costs and consequences. K12 Aspire shall not be responsible or liable in any manner for any losses suffered or costs incurred by the User by virtue of any such engagement.
Should the User be able to transfer points or other reward benefits of one third party organization to another third party organization or otherwise use such points/other reward benefits in connection with the services of disparate third party organizations, the User acknowledges that such transfer or use would be subject to the terms and conditions of the relevant third party organizations, of which K12 Aspire may not have any knowledge. It should be noted that the Services are merely a conduit for any such dealings and the loss or gain of points/benefits would be governed solely by the terms and conditions set forth in this respect by the relevant third party organization. K12 Aspire shall, in no way be responsible or liable for any loss of points/rewards suffered by the User as a result of any transfer/use of such points or rewards in the manner described herein.
In no event or circumstance shall K12 Aspire or its partners, employees, representatives, subsidiaries, directors, agents or members be liable for any direct, indirect, incidental, special, consequential or punitive damages or any loss of profits or revenues whether incurred directly or indirectly, or any loss of data, use, copyright, patent, goodwill, or other tangible losses, or claims from third parties resulting out of this agreement, terms and services provided by K12 Aspire.
In no event shall K12 Aspire's total cumulative liability for any claim exceed Indian Rupees Five Thousand (INR 5,000).
A User will not be entitled to any sort of compensation for any delays, suspension or termination of Services by K12 Aspire at any point of time.
K12 Aspire shall endeavor and make all reasonable efforts to provide Users of the App/ Website with uninterrupted services, if for any reason any or all services provided by K12 Aspire are interrupted, K12 Aspire will not have any liability to any
User or third party.
The User will indemnify, defend and hold harmless K12 Aspire, and K12 Aspire's officers, shareholders, directors, employees, agents (collectively, the "K12 Aspire Indemnified Parties”), from and against all liabilities, obligations, causes of action, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including attorneys' and accountants' fees and disbursements) including without limitation, damage to property or bodily injury, and costs arising from a claim, demand, proceeding, suit or action by a third party ("Third Party Claims”), incurred by or asserted against any of the K12 Aspire Indemnified Parties to the extent such Third Party Claims relate to, arise out of or result from User's (i) use of the Service(s), K12 Aspire Content and/or User Content and/or (ii ) placing of User Content on the App/Website, including but not limited to:
Any willfully or intentionally wrongful, or negligent, act or omission of the User or any of its employee, agent or subcontractor, relating to this Agreement;
User's failure to perform or improper performance under this Agreement, or breach of or inaccuracy in any of User's representations or warranties contained in this Agreement;
The creation, use, or maintenance of the User Content, including, without limitation, any allegation that any User Content or any other information or content provided by the User Infringes a third person's copyright, trademark or other proprietary or intellectual property right, or misappropriates a third person's trade secrets or is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, harmful, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable;
Any dispute or litigation between an Indemnified Party and a third party or any other third party claim caused by, arising from or relating to your and/or the User's actions or omissions in relation to this Agreement, our products and/or services, any User Content or the User Account;
The User's negligence or misconduct; or
The User's business dealings with any of the Service Providers.
User's failure to comply with any other laws.
This indemnity shall survive termination of this Agreement. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of or by us and/or our suppliers, licensors, affiliates, partners, subsidiaries, employees, representatives, agents and/or members.
7. TERM AND TERMINATION
A User can/ may terminate this Agreement at any time by electronic means provided via the App/Website. Non usage of the App/Website or Services for any period of time will not amount to termination of this Agreement unless expressly terminated, as provided under this Agreement.
K12 Aspire shall in its sole discretion have the right at any time and without prior notice to restrict, suspend, terminate, delete content or details of any user for any or all Services or this Agreement. Any such cases may be notified to the User as per K12 Aspire's discretion.
This Agreement is an understanding of all the parties involved in K12 Aspire. Any modifications or amendments will be valid from the time of publishing the same by K12 Aspire and these become binding to all parties.
K12 Aspire may assign this Agreement, in whole or in part, at any time with or without notice. No user can assign their rights or obligations to any other person or party.
This Agreement shall be governed by the laws of India and the parties submit to the exclusive jurisdiction of the courts of New Delhi, India.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and K12 Aspire's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Any dispute relating to this Agreement shall be submitted to a sole arbitrator appointed by K12 Aspire for arbitration in New Delhi, India. Arbitration under this Agreement shall be conducted as per the Arbitration and Conciliation Act, 1996 and rules and ordinances thereto, as amended from time to time. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Any provision of this Agreement that contemplates performance or observance subsequent to any termination or expiration of this Agreement or by its nature should survive termination or expiration of this Agreement will survive this Agreement for the period of such performance or observance.
K12 Aspire will communicate with the user by multiple mediums including but not limited to notices/push notifications on the App/ Website or notifications via email, sms, telephone calls or any other means of communication that K12 Aspire may deem fit. The User agrees to receive communications from K12 Aspire directly or indirectly or via any third party associated with K12 Aspire.
Should the User be desirous of contacting K12 Aspire he/she may do so at the email address firstname.lastname@example.org or at the contact details provided on the App/Website.