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Terms of Use

Terms of use of the PupilPod Website.

PupilPod.in is a website solely owned by THOUGHTNET TECHNOLOGIES (INDIA) PVT LIMITED based in Bangalore, INDIA.

PEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. This agreement is made between you as a site member and ThoughtNet Technologies (India) Pvt Limited (referred as "ThoughtNet" or "we" or "us") governing your use of this website (referred to as the "Services" or “PupilPod” or “Website” ) in these terms and conditions of use.

By accessing and registering on this website and using the Services as a member or guest, you agree to be bound by this Agreement and the terms contained in it. If you do not agree with the terms contained in this Agreement, you are not permitted to use this Website and we will not be liable for any consequences arising from your unauthorized use.

 

We may revise these terms of use at any time by amending this document. You are expected to check this document from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on our site. All changes are effective as soon as we post them and by continuing to use this website you agree to be bound by the revised terms and conditions of use.

 

Availability of website and services.

Access to the services provided in the website is accessible to users based on the access rights decided by us. Services grouped under SchoolConnect will be available to users only if a institution has permitted access to you. Institutions have control over what features and information that can be provided or withdrawn and we will not be responsible for unavailability of services or information about your wards.

 

You are responsible for making all arrangements necessary for you to have access to our site.

 

We will not be liable if for any reason our website or the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of our website, or our entire website, to users who have registered with us.

 

We will bring down the website for maintenance purposes with or without any prior notice.

 

The provision governing your use of the PupilPod website.

You are solely responsible for the content including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") that you post on this Website, and any material or information that you transmit to other Members and for your interactions with other Users. This website does not endorse and has no control over the Content. Content is not necessarily reviewed by us prior to posting and does not necessarily reflect our opinions or policies. ThoughtNet makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.

 

ThoughtNet hereby grants you permission to use the Website as set forth in these terms of use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without ThoughtNet's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

 

In order to access some features of the Website, you will have to create an account. You may never use another Member's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify ThoughtNet immediately of any breach of security or unauthorized use of your account. Although ThoughtNet will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of ThoughtNet or others due to such unauthorized use. In consideration of your use of the Site and Services, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of the Site and/or the Services. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to the Site or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including, without limitation, purchases. You agree to (a) immediately notify us of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We are not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.

 

Kindly note that ThoughtNet PROHIBITS PORNOGRAPHY ON ITS SITE. Please choose carefully the information you post on the ThoughtNet Website and that you provide to other Users. Your PupilPod profile must not include any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. STRINGENT PENAL AND CRIMINAL ACTIONS WILL BE INITIATED AGAINST THOSE FOUND INDULGING IN ABOVE REFERRED ACTIVITIES. Any user or member 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 http://www.naavi.org/importantlaws/itbill2000/ch11.html and as per the provisions of Indian Penal Code and other appropriate statutes applicable in that scenario. Despite this prohibition, information provided by other Members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and ThoughtNet assumes no responsibility or liability for this material. If you become aware of misuse of the services provided by ThoughtNet by any person, please contact us at abuse@PupilPod.in.

 

ThoughtNet reserves the right, in its sole discretion, to reject, refuse to post or remove any Content (including private messages) posted by you, or to restrict, suspend, or terminate your access to all or any part of the PupilPod Website at any time, for any or no reason, with or without prior notice, and without liability. ThoughtNet expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of the PupilPod Website if ThoughtNet determines, in its sole discretion, that you pose a threat to the website and/or its Users.

 

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the PupilPod servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ThoughtNet grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ThoughtNet reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions (defined below).

 

Institutions who have signed up services with us use a specific part of the website called SchoolConnect to share information about students and also for interaction. This information is created, edited and published by users of the school, not us. We are not responsible for accuracy of information or the timeliness in providing the information.

 

Intellectual property rights

The content on the PupilPod Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to ThoughtNet, subject to copyright and other intellectual property rights under Indian laws and conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners and ThoughtNet. ThoughtNet reserves all rights not expressly granted in and to the Website and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. You agree not to circumvent, disable or otherwise interfere with security related features of the PupilPod Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the PupilPod Website or the Content therein.

 

Disclaimers

YOU AGREE THAT YOUR USE OF THIS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THOUGHTNET, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THOUGHTNET MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THIS WEBSITE. THOUGHTNET DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THOUGHTNET WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

INCLUSION OF ANY LINKED WEBSITE ON THIS WEBSITE DOES NOT IMPLY APPROVAL OR ENDORSEMENT OF THE LINKED WEBSITE BY THOUGHTNET. WHEN YOU ACCESS THESE THIRD-PARTY SITES, YOU DO SO AT YOUR OWN RISK. THOUGHTNET TAKES NO RESPONSIBILITY FOR THIRD PARTY ADVERTISEMENTS WHICH ARE POSTED ON THIS WEBSITE OR THROUGH THE THOUGHTNET SERVICES, NOR DOES IT TAKE ANY RESPONSIBILITY FOR THE GOODS OR SERVICES PROVIDED BY ITS ADVERTISERS. THOUGHTNET IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE THOUGHTNET SERVICES. THOUGHTNET ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER OR MEMBER COMMUNICATION. THOUGHTNET IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE THOUGHTNET SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION IN CONNECTION WITH THE THOUGHTNET SERVICES. UNDER NO CIRCUMSTANCES SHALL THOUGHTNET BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE THOUGHTNET SERVICES, ATTENDANCE AT A THOUGHTNET EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE THOUGHTNET SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE THOUGHTNET SERVICES, WHETHER ONLINE OR OFFLINE. THE THOUGHTNET SERVICES ARE PROVIDED "AS-IS" AND AS AVAILABLE AND THOUGHTNET EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THOUGHTNET CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE THOUGHTNET SERVICES.

 

Limitation of liability

IN NO EVENT SHALL THOUGHTNET, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE THOUGHTNET WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT THOUGHTNET SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by THOUGHTNET from its facilities in India. THOUGHTNET makes no representations that the THOUGHTNET Website is appropriate or available for use in other locations. Those who access or use the THOUGHTNET Website from other jurisdictions do so at their own volition and are responsible for compliance with applicable laws.


Indemnity

You agree to defend, indemnify and hold harmless THOUGHTNET officers, 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: (i) your use of and access to this Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the this Website.


Ability to accept terms of use

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

 

Restrictions on User Submissions

 

Whenever you make use of the Services (or any feature or part of the Services) that allows you to upload material on the website, or to make contact with other users of our website, you must comply with the content restrictions set out below. You warrant that any contribution you make or material you upload complies with  those restrictions, and you will indemnify us for any breach of that warranty. The content restrictions apply to each part of a contribution as well as to its whole. Your contribution must be accurate where it states facts, be genuinely held (where it states opinions), comply with the law applicable in any country from which it is posted; and be relevant to your posting or use of the Services.

 

Content Restrictions: Your contribution must not:

  • Be defamatory of any person.

  • Be obscene, offensive, hateful or inflammatory.

  • Violate the provisions of the Indian Penal Code, 1861, the Information Technology Act, 2000 or other applicable laws containing offenses relating to content that is publicly accessible.

  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual.

  • Infringe any copyright, database right or trade mark of any other person.

  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

  • Be likely to harass, upset, embarrass, alarm or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person

  • Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act.

  • Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

  • Contain any advertising or promote any services or web links to other sites.

  • Be such that it is known by you to be false, inaccurate or misleading

  • Be content for which you were compensated or granted any consideration by any third party.

  • Contain any computer viruses, worms or other potentially damaging computer programs or files.

 

Privacy

You should carefully read our full Privacy Policy before deciding to become a User of PupilPod. Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data.

 

Rights Reserved to ThoughtNet

 

  • We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

  • We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Services.

  • We have the right to remove any material or posting you make on our website if, in our opinion, such material does not comply with the content standards set out above.

  • We have the right to investigate and prosecute violations of any violation of these terms and conditions to the fullest extent of the law and may involve and

  • cooperate with law enforcement authorities in prosecuting users who violate these terms and conditions.

  • While we have no obligation to monitor your access to or your use of the Services (or any feature or part of the Services), we have the right to do so for the

  • purpose of operating the website and providing the Services, to ensure your compliance with these terms and conditions, or to comply with applicable law or

  • the order or requirement of a court, administrative agency or other governmental body.

  • We have the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from any Service. For some of the

  • Services, ThoughtNet may (but shall be under no obligation to) provide tools to filter out explicit sexual content.

Communication from PupilPod.in (SMS, Email and Web)

PupilPod is a system that connects schools, parents and students under one platform and hence interaction between these parties is an integral part of the system. PupilPod provides various modes of communication such as Web, SMS and email. As a user you may receive all these types of communications from PupilPod. These messages are part of the services you receive from PupilPod. By registering in PupilPod.in and agreeing to use PupilPod.in you also agree to receive these communications.

 

Governing law

The high court of Karnataka shall have sole jurisdiction over any claim arising from, or related to, a visit to / use of the PupilPod Website, although we retain the right to bring proceedings against you for breach of any of these terms and conditions in your country of residence, country of use or other relevant country. These terms and conditions of use are governed by the laws of India.