Last Updated - Janurary 29, 2021
If you do not agree with any provision of this Terms and Conditions, Please do not use Class On App at all.
These Class On App Terms and Conditions (the “Terms”) constitute a legally binding agreement between the company Smartway Media PVT. LTD. and a GST number (the “Company”, “we”, “us”, and “our”) and an individual user or a business entity (the “user”) accessing and using the software-as-a-service Class On App available at https://www.classonapp.com, the mobile applications Class On App, and the related services and products (collectively, “Class On App”). If the user is accepting these Terms on behalf of an educational Organization (e.g., if a school administrator is agreeing to these Terms on behalf of the school), the user represents and warrants that the user is authorised to enter into the contract on the basis of these Terms on behalf the Organization.
About Class On App : Class On App is School ERP and Learning Management platform that assists schools and other educational institutions (the “Organizations”) in managing their administrative records and arranging learning activities. The users may create, upload, manage, and access education-related records, including, but not limited to, students’, teachers’, alumni’s, parents’, and class records, digital files, comments, messages, notices, and event information (collectively, the “Records”). Class On App is fully owned and operated by Smartway Media Pvt. Ltd.
License to use Class On App : We grant the user a personal, revocable, non-exclusive, non-transferable and limited license to use Class On App pursuant to these Terms. This license does not include any resale of Class On App or any content made available on Class On App.
Disclaimer : All information provided on Class On App is for general information purposes only; it does not constitute technical or expert advice. Although we regularly monitor Class On App, we cannot guarantee the accuracy, reliability, currency, relevance, and completeness of the information available on Class On App, neither provided by us nor by the users of Class On App. Third-party links and advertising : Class On App may contain links to websites, applications, and other online sources owned and operated by third parties. Class On App may also feature information provided by the Organizations, teachers, students, parents, and other third parties. We are not responsible or liable in any manner for the content of such third-party links, information, as well as the security and privacy practices deployed by the operators of third-party websites. Please exercise your due diligence before clicking on any third-party links or advertisements.
Support : Any requests for customer or technical support should be addressed to us by email at [email protected]
Access to Class On App. The user is responsible for providing and maintaining, at user’s own risk, option and expense, any hardware, software and communication lines required to access and use Class On App.
- Admin’s Account, which allows the Organizations to create, upload, and manage the Records (e.g., students’ and class records, digital files, comments, messages, notices, events, and other content) and grant access to Class On App to teachers, students, and parents. Admin’s Account can be created directly on Class On App by submitting the requested personal data and completing the verification process;
- Teacher’s Account, which allows teachers working for the Organizations to access and manage the Records made available to them by the respective Organization. The credentials for accessing the Teacher’s Account are provided by the Organization directly to the teachers;
- Student’s Account, which allows Organization’s students to access and consult their records. The credentials for accessing the Student’s Account are provided by the Organization directly to the students; and
- Parent’s Account, which allows parents or legal guardians to access and consult their children’s records. The credentials for accessing the Parent’s Account are provided by the Organization directly to the parents or legal guardians.
User’s warranties : By registering the Account, the user acknowledges, agrees, and warrants that:
- The user will comply with these Terms and all applicable local, state, national and foreign laws, treaties, and regulations while using Class On App;
- The user will provide only true, accurate, complete, and up-to-date information, including personal data;
- The user will update the Account as soon as any changes to the personal data or other information occur;
- The user is authorised by relevant parties (e.g., the Organization) to create the Account;
- The user will register a single Account (multiple Accounts registered by the same person or entity are not allowed);
- The registration of the Account does not create a direct conflict of interests between the user and the Company or Class On App; and
- The user is a human individual and not a machine (machine-generated Accounts are not allowed).
Conflict of interests : The user is not allowed to register the Account if such a registration creates a direct conflict of interests between the user and the Company or Class On App, unless the user obtains a prior written authorisation from us for the creation of the Account.
Security of the Account : The user is solely responsible for maintaining the confidentiality of the Account, including keeping secure login details and passwords. By using Class On App, the user agrees to immediately notify us about allegedly unauthorised use of the Account or any other security breach related to the Account. The user is also responsible for using secure Internet connection and protected networks while using Class On App. We cannot and will not be liable for any loss or damage resulting from user’s failure to comply with these security obligations.
Deactivation of the Account : At any time, the user may delete the Account through the dashboard of the Account or by sending a request directly to us. Upon deactivation of the Account, these Terms shall terminate.
Suspension and termination of the Account : We reserve the right to suspend or terminate the Account if, at our sole discretion, we have grounds to believe that the user has breached these Terms or upon a lawful request of a public authority.
Confidential information : Any information made available by us to the Organization is of confidential nature (the “Confidential Information”). The Organizations must at all times (i) keep confidential and not disclose to any person any of the Confidential Information and (ii) only use such Confidential Information for the purposes of performing Organization’s obligations under these Terms. The Confidential Information can be disclosed only to Organization’s employees, employers, officers, sub-contractors, representatives or advisers who need to know such information for the purposes of carrying out the obligations under these Terms.
FEES, PAYMENTS, AND REFUNDS
The Fees : The use of Class On App by the Organizations is subject to the applicable service fees (the “Fees”). The Fees and payment terms related to the services provided through Class On App are made available on Class On App or communicated to the Organizations personally. The Fees are indicated in Indian Ruppees (INR) and are charged on a subscription basis monthly or annually. By concluding a service contract with us, the Organization agrees to pay the Fees in accordance with these Terms and the terms and conditions in force at the moment the service contract is concluded. The Fees remain valid for as long as they are indicated on Class On App. The Fees are subject to a change without a prior notice.
Trial Period : We provide the Organizations with a 14-day trial period (the “Trial Period”) to their use of Class On App. The Trial Period is not subject to the Fees and we will not make any charges for the Trial Period. The Trial Period commences automatically after the Organization registers its Account. The Trial Period can be cancelled at any time before the Trial Period expires. Upon expiration of the Trial Period, unless cancelled earlier by the Organization, the subscription plan chosen by the Organization shall commence, subject to the applicable Fees.
Taxes : The Fees exclude applicable taxes. The Organizations are responsible for paying all applicable taxes.
Payment processing : All payments related to Class On App, including payments of the Fees, are processed by our third-party payment getways. The Payment getways are solely responsible for handling the payments. The Organization agrees not to hold us liable for payments that do not reach us because it has quoted incorrect payment information or the Payment getwaysrefused the payment for any other reason. Please note that the Payments getwaysmay collect some personal data, which will allow them to make the requested payments (e.g., credit card details). The Payment getways handle all the steps in the payment process through their systems, including data collection and data processing. We do not have access to the payment data, unless such data is necessary for ensuring that the payment was successfully processed or maintaining our accountancy records. For example, we may store Organization’s credit card details in our system in order to (i) ensure that all payments are processed in a timely manner and (ii) maintain our accountancy records.
Invoices : The invoices for the Fees paid and any payments charged by us (the “Invoices”) are generated automatically and can be reviewed and downloaded through the Organization’s Account. The Organization is responsible for ensuring that all information in the Account is accurate and up-to-date so that the Invoices could be generated correctly. We accept no responsibility if the Invoices are erroneous due to Organization’s failure to comply with these Terms.
Concluding a service contract with us : To conclude a service contract with us, the Organization needs to: (i) register the Account; (ii) choose the features and functionalities of Class On App; (iii) provide the required payment information; and (iv) click on the button “Pay or Subscribe”. Any input errors can be identified and corrected prior to clicking on the “Pay or Subscribe” button. After the payment is processed, we will pre-authorise the Fees and send the Organization a confirmatory email informing it about the order. By clicking on the button “Pay” and receiving the confirmatory email, the Organization concludes a service contract in English with us on the basis of these Terms.
Cancelling service contracts : The Organizations are entitled to cancel then-current subscription plans within the subscription term at any time though the dashboard of the Account or by contacting the Company directly. No Fees paid by the Organization for the respective subscription plan shall be returned to the Organization. After the cancellation of the subscription plan becomes effective, no further Fees shall be charged to the Organization. It is Organizations responsibility to backup any data and/or information from the service within the expiry of the subscription plans to any of Class On App services and or modules. Once the subscription period expires, Class On App will at its discretion, delete the Customer’s data and/or content from the Service. Deleted data and/or content cannot be recovered. This clause applies to data residing in Class On App core or any add-on modules.
Refunds : All sales are final. We do not provide refunds to the Organizations for any Fees paid. If an organization is not satisfied with the quality of the services provided through Class On App, the Organization may cancel the service contract and stop using Class On App.
Class On App serves as a platform that facilitates the communication between the Organizations, teachers, students, and parents (collectively, the “Contractors”). Unless otherwise provided in the Terms, we do not intervene into the communication between the Contractors as well as negotiation, conclusion, and execution of the service contracts between the Contractors (the “Education Agreements”). Our responsibilities with regard to the Education Agreements are limited to: (i) ensuring the availability of Class On App; (ii) processing the Records; (iii) facilitating the communication between the Contractors; and (iv) serving as the limited payment processing agent of each Contractor by making available invoice management tools and enabling third-party payment processing methods to be integrated to Class On App. By using Class On App, the users acknowledge and agree that the Organizations and not us are solely responsible for (i) concluding any Education Agreements and (ii) providing the services under the Education Agreements.
Entering into the Education Agreements : If the Contractors decide to enter into the Education Agreement, the Education Agreement is the contractual relationship between the Contractors and the Contractors have complete discretion with regard whether to enter into the Education Agreement and the agreed terms of the Education Agreements. The Contractors acknowledge and agree that the Company is not a party to the Education Agreement and the formation of the Education Agreement does not create employment, partnership, joint venture, or other service relationships between the Contractors and the Company. The Contractors may enter into any agreements as they deem to be appropriate (e.g., a confidentiality or assignment agreements), provided that such agreements do not conflict with, narrow, or expand these Terms.
We are not a party to the Education Agreements and, therefore, we will not be liable for any direct, indirect, consequential or inconsequential loss or damage that results from the Education Agreements and any business transactions made between the Contractors as a result of the interactions through Class On App. The Organizations are solely responsible for:
- Ensuring that they are qualified in providing services featured through Class On App;
- Preparing, negotiating, concluding, and executing the Education Agreements;
- Paying all applicable taxes, and other fees associated with payments made under the Education Agreements; and
- Cooperating with us in any audits by providing information and records about the Education Agreements, invoices, tax returns, and other financial reports issued under the Education Agreement.
Class On App provides general information about the Organizations and displays profiles created by the Organizations. We do not endorse any users of Class On App and Class On App features only a limited list of the Organizations that is compiled by us on the basis of the Organizations’ Accounts and updated from time to time.
Although we require providing only true, accurate, correct, and up-to-date information through Class On App, we do not guarantee that any information, accreditation, and personal data provided by the Contractors is true, accurate, correct, and up-to-date. We make no warranties regarding any information or services provided by the Organizations through Class On App and any transactions carried by the Contractors through Class On App.
The students and parents are solely responsible for carrying out appropriate checks regarding the Organizations, including their relevant trade and industry accreditations, qualifications, and legal authorisations prior to concluding the Education Agreements. None of the references provided by us or the users of Class On App in relation to any user of Class On App (e.g., reviews, comments, ratings or status “verified”, “connected” or similar) represents endorsement, certification or guarantee about any user, as well as the information or services provided by that user.
We are not responsible for any disputes that arise between the Contractors, nor we are obliged to receive or process, complaints against the users of Class On App or resolve disputes between the users of Class On App or Contractors, unless the complaint concerns the performance of our legal or contractual obligations under these Terms.
The users you may upload and submit various types of Records through Class On App. Some of the Records may become available to other users of Class On App (e.g., if you use Class On App as the Organization, the students, parents, and teachers will be able to see the Records made available to them). Therefore, we request the users to: (i) exercise their due diligence when creating, uploading, and managing the Records; (ii) not to make any sensitive information publicly available to other users of Class On App; and (iii) make sure that, by creating, uploading, and managing the Records, the user complies with these Terms.
By creating and uploading the Records through Class On App, the user grants us unrestricted, sub-licensable, royalty-free, perpetual, and irrevocable rights to use, distribute, advertise, adapt, remix, modify, publicly display, publicly perform, excerpt, prepare derivative works of, and reproduce the Records for the purposes of providing our services and carrying our legitimate business interests.
The user agrees not to submit the Records that violate these Terms or any applicable laws, including intellectual property rights of others and the user agrees to pay all royalties, fees, and any other monies applicable to the Records.
The user understands and agrees that, in order to ensure the security of Class On App, we may, but have no obligation to, monitor or review the Records. We reserve the right, at our sole discretion, to refuse to upload, modify, delete, or remove the Records, in whole or in part, that violate these Terms or may harm the reputation of Class On App. However, the user remains solely responsible for the Records.
The user is not allowed to make publicly available personal data of persons who have not provided the user with their prior authorisation or consent to share that personal data (e.g., the Organizations cannot publish names, contact details, and health-related data of a person if no lawful basis is available) through the Records.
The Records include users’ personal views and recommendations. The Records do not reflect our views, recommendations, endorsement, or any commitments related thereto.
ACCEPTABLE USE POLICY
When using Class On App, the user is required to follow our acceptable use policy. We work closely with law enforcement and we report any inappropriate content that may infringe applicable laws.
The user is not permitted to use Class On App in any manner that substitutes or contributes to the following activities (the list is representative and not exhaustive):
- Any unlawful activity, including violation of any laws, statutes, ordinances, or regulations;
- Provision of false, inaccurate, or misleading information;
- Dissemination of information about the acts, including pranks and challenges, that may result in injuries and physical harm;
- Posting of the Records that depict or incite others to commit acts of violence;
- Provision of the Records that depict children or may cause emotional distress to children;
- Gambling, including contests, lotteries, games of chance, bidding fee auctions, sports forecasting or odds making, Internet gaming, fantasy sports leagues with cash prizes, and sweepstakes;
- Spreading of malware (e.g., viruses, worms, Trojan horses), spam, and other illegal messaging;
- Spreading ethnically, racially, or otherwise objectionable information;
- Spreading religious or cultural intolerance;
- Sexually explicit, libellous, harassing, defamatory, abusive, profane, vulgar, threatening, hateful, obscene behaviour and terrorism-related content;
- Advertising or encouraging the use of tobacco, alcohol, and any illegal substances;
- Copying, distributing, renting, reselling, modifying, compromising, damaging, disabling, impairing, and overburdening Class On App;
- Interfering with or abusing other users of Class On App;
- Using bots, scripts, and other automated methods; and
- Collecting and disclosing any information about other users of Class On App.
Reporting inappropriate content : If the user has grounds to think that some of the content available on Class On App is inappropriate, infringes these Terms, applicable laws, or user’s or third party’s right to privacy, the user is requested to contact us immediately at [email protected] If any content is reported as inappropriate, we will immediately delete the content from Class On App and investigate the conduct of the reported user.
MARKETING AND INFORMATIONAL NOTICES
Marketing messages : To keep the users up-to-date with Class On App, we may the users marketing messages, such as newsletters, brochures, promotions and advertisements, informing the users about our new services or new features of Class On App. We will contact users for marketing purposes only if:
- We receive user’s express (“opt-in”) consent to receive marketing messages; or
- We decide to send the Organizations marketing messages about our new services that are closely related to the services already used by the Organizations.
Opting-out : The user can opt-out from receiving marketing messages at any time free of charge by clicking on the “unsubscribe” link contained in any of the messages sent to the user or by contacting us directly.
Informational notices : From time to time, we may send the users informational notices, such as service-related, technical or administrative emails, information about Class On App and the Account, user’s privacy and security, and other important matters. We will send such notices on an “if-needed” basis and they do not fall within the scope of direct marketing communication that requires user’s prior consent.
We take appropriate security measures to protect the information we store on Class On App against unauthorised access. The security measures taken by us include secured networks (we use SSL encryption), strong passwords, DDOS mitigation, limited access to personal data by our staff, and anonymisation of personal data (when possible).
Avoiding phishing and scam : Phishing is an online scam that aims to trick someone into giving up their personal data, such as credit card numbers, social security/national ID numbers, or other financial data. Usually, when scammers have that information, they will then use it to steal your money, property or identity. The user agrees not to disclose any financial information through Class On App or make any transfers to other users of Class On App or third parties outside Class On App with regard to Class On App, unless it is required (i) to process user’s payment or (ii) other legitimate purposes within the scope of the services provided through Class On App.
The user is solely responsible for the interactions with other users of Class On App. The user acknowledges and agrees that we do not conduct any checks of the qualifications, certification, skills, and background of Class On App users. We make no representations or warranties as to the conduct of Class On App users.
Security incidents : Given the nature of communications and information processing technology and the Internet, we cannot be liable for any security incidents, cyber attacks, data breaches, and unlawful destruction, loss, use, copying, modification, leakage, and falsification of any information caused by circumstances that are beyond our reasonable control.
Our Content : Most of the content made available on Class On App excluding the Records, is owned by us, our partners, agents, licensors, vendors, and/or other content providers (“Our Content”). Our Content includes, but is not limited to, text, images, audio-visual content, source code, trademarks, service marks and trade names. Our Content is protected by the applicable intellectual property laws and international treaties. The user is not allowed, without obtaining prior written authorisation from us, to:
- Copy, distribute, and make available Our Content to third parties;
- Disassemble, make alterations, decompile, reverse engineer, translate, and adapt Our Content;
- Distribute, rent, loan, use, lease or attempt to grant other rights to Our Content to third parties; and
- Use any manual or automated means to scrap any content available on Class On App.
Third-party intellectual property : Some of the intellectual property assets, such as the Records and trademarks, featured on Class On App may be owned by the users and other third parties. Such third-party intellectual property does not belong to us and it remains the sole property of the respective third-party proprietors.
Copyright infringement claims : We respect intellectual property rights. If a user has any grounds to believe that any content made available on Class On App violates user’s or third party’s intellectual property rights, the user is requested to contact us, express user’s concerns, and request to remove the allegedly infringing content (our contact details are available at the end of the Terms). In the copyright infringement claim, please provide sufficient details allowing us to locate the allegedly infringing content on Class On App. We will reply to the copyright infringement claim as soon as possible but no later than 6 weeks.
AVAILABILITY AND FORCE MAJEURE
Availability : We put reason able efforts to ensure that Class On App is always accessible. However, the availability of Class On App may be affected by factors, which we cannot reasonably control, such as bandwidth problems, equipment failure, acts and omissions of our third-party service providers, or force majeure events. We take no responsibility for the unavailability of Class On App caused by such factors.
Force majeure : The Company is not responsible for the unavailability of Class On App due to the circumstances outside Company’s reasonable control and force majeure events, including, but not limited to: acts of God; strikes; work stoppages; accidents; acts of war or terrorism; civil or military disturbances; nuclear or natural catastrophes and interruptions; and shortage of supply, breakdowns.
DISCLAIMER OF WARRANTIES
We provide Class On App on “as available”, “as is”, and “with all faults” basis. To the extent permitted by the applicable law, we do not make any representations or warranties about the reliability, suitability, and accuracy, for any purpose, of Class On App, any content featured on Class On App, whether provider by us or by third parties, and hereby disclaim all warranties regarding Class On App and its operation.
It is user’s sole responsibility to verify and assess the fit for the purpose of Class On App prior to using it and to decide whether or not Class On App fits for the intended use.
By using Class On App, the user acknowledges that we may use third-party suppliers to provide software, hardware, storage, networking, and other technological services. The acts and omissions of third-party suppliers may be outside of our reasonable control. To the maximum extent permitted by law, we exclude any liability for any loss or damage resulting from the acts and omissions of such third-party suppliers.
Nothing in these Terms shall affect any statutory rights the user is entitled to as a consumer and that the user cannot contractually agree to alter or waive.
LIMITATION OF LIABILITY
Unless otherwise excluded or limited by the applicable law, we will not be liable for any damages, including, but not limited to, incidental, punitive, special or other related damages, arising out or in connection with user’s use of Class On App, any content made available through Class On App, whether provided by us or by third parties, or any transactions concluded outside Class On App or as a result of Class On App. The user agrees not to hold us liable in respect of any losses arising out of any event or events beyond our reasonable control. We will not be liable to the user for any direct, indirect or consequential losses, which may be incurred by the user in relation to Class On App, such as:
- Any health issues, cases of injuries and death experienced as a result of the use of Class On App;
- Direct and indirect loss of profits;
- Loss of goodwill or business reputation;
- Loss of opportunities; and
- Loss of data suffered by the user.
We will not be liable for any loss or damage, which may be incurred by the user as a result of:
- Any changes which we may make to Class On App, or for any permanent or temporary cessation in the provision of Class On App or any features thereof;
- The deletion of, corruption of, or failure to store the User-Generated Content and other data maintained or transmitted by or through Class On App;
- User’s failure to provide us with accurate personal data;
- Communication, business or personal relationships between the users and the Suppliers; or
- Any reliance placed by the user on the completeness, accuracy or existence of any content, information, recommendations, or advertising featured on Class On App, or as a result of any relationship or transaction between the users, advertisers, and other third parties whose content is featured on Class On App.
The Section “LIMITATION OF LIABILITY” shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
The user agrees to indemnify, defend and hold the Company, its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, user’s use of Class On App, or user’s violation of any law or the rights of a third party.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such a provision shall nonetheless be enforceable to the fullest extent permitted by the applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. The validity and enforceability of the remaining provisions shall not be affected as a result.
Governing law : These Terms shall be governed and construed in accordance with the laws of INDIA and Jurisdiction under Ludhiana Punjab.
Term and Termination : The Terms enter into force on the date indicated at the top of the Terms and remain in force until updated or terminated by us or until the user stops using Class On App.
Amendments : We reserve the right to modify these Terms at any time, effective upon posting of an updated version on Class On App. Such amendments may be necessary due to the changes in the requirements of laws, regulations, new features of Class On App, and our business practices. We will send the users a notification (if we have their email addresses) about any material amendments to the Terms that may be of importance. User’s continued use of Class On App after any changes shall constitute user’s consent to such changes. We also reserve the right to modify the services provided through Class On App at any time, at our sole discretion.
Breach of the Terms : If we believe, at our sole discretion, that the user violates these Terms and it is appropriate, necessary or desirable to do so, we may:
- Send a formal warning;
- Suspend or terminate the Account;
- Temporarily or permanently prohibit the use of Class On App;
- Report the user to the relevant public authorities; or
- Commence a legal action against the user.
Transfer of rights : The user is not allowed to assign user’s rights under these Terms. We are entitled to transfer our rights and obligations under these Terms entirely or partially to a third party by giving a prior notice to the user. If the user does not agree to the transfer, the user can terminate these Terms with immediate effect by and stopping to use Class On App.
Merger or acquisition : In the event the Company, during the term of these Terms, is acquired, merged, or sells all or substantially all of its assets, these Terms shall not automatically be terminated and the Company agrees to use its best efforts to ensure that the transferee or surviving company shall assume and be bound by the provisions of these Terms.
Entire agreement : These Terms, together with the documents referred to therein, represent entire agreement between the user and us regarding your relationship with us and govern your use of Class On App.
Any questions and notices regarding these Terms should be sent to us by using the following contact details:
Email: [email protected]
Phone: +91 90237 90237
Office Address: Class On App (Smartway Media PVT. LTD. ) #85, Sunil Park Barewal Road, Ludhiana, Punjab – 141001, India