These Terms govern your use of: (i) the Application; (ii) the Website Portal; (iii) all related Android and IOS Apps, communication protocols, widgets, tools, applications, data, software, application program interface (APIs) in connection with the Application and the Website Portal, and other products and services provided by Thoughtniques; and (iv) any other modes of usage of the products and Services, including through mobiles, tablets and storage / transmitting devices.
1. ACCEPTANCE OF TERMS
2. APPLICABLITY OF TERMS
Your access to, and use of, the Application and / or the Website Portal and the Services offered thereon is conditioned on your compliance with these Terms. By becoming a registered user and / or accessing and / or using the Application and / or the Website Portal and the Services, or any portion of the Application and / or the Website Portal or Services, you agree to be bound by these Terms and all applicable laws and regulations governing the Services. If you do not agree with these Terms, you are not authorized to access or use the Services for any purpose. Additional terms and conditions applicable to specific areas of the Application and / or the Website Portal or to particular transactions are also posted in particular areas of the Application and / or the Website Portal and, together with these Terms of, govern Your use of those areas. If you do not agree with any of these additional terms and conditions, you are not authorized to access or use the Application and / or the Website Portal and / or the Services.
The Company provides the following services (“Services”):
Services on the Application
Through the Application, the Company provides the service and enabling the users to interact with subscribed school activities such as academics, announcements, library , sports, transportation, entry management etc through icue parent app. The Users can down our icue parent app and avail all the services/modules that school and THOUGHTNIQUES agreed to provide to users
Services specific to Schools
The following services are provided in relation to Schools::
- Communications: The Users can use our icue parent app and can interact with school management/teachers/administration etc through our App interface and the communication in purely through written and no verbal communication is possible. The app has the workflows and procedures for all kinds of communications supported.
- Entry Management: All entries and exits of students at school gates and vehicles are recorded through our hardware interfaces and communicates to school management and parents as and when required and all the records are kept for reporting.
- Transportation: parent can track the vehicle through icue parent app and get all kinds of notifications subscribed related to transport
- Fee Payments: Users (Parents of students) can pay school fee or transportation fee or app fee through the icue parent App, the fee will be displayed in the app which is from the school, and we facilitate the pay through the App.
- The Website Portal icuepro.com is made available by the Company only to the School Administration to perform all backend activities such as student configuration, class configuration, ID Cards configuration, gate and mess and library configuration, transport system configuration etc.
Persons who are competent of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to access, use or register on the Application and / or the Website Portal to avail the Services. In the event that, as a minor you wish to use the Application and / or the Website Portal and / or Services, such use shall be made available to you upon the acceptance of these Terms by your legal guardian or parent(s) and upon them consenting to be bound by the Terms contained herein. Further, in the event that it is discovered that you are below the age of 18 (eighteen) years and the Terms have not been consented to by your legal guardian or parent(s), or if the details provided by you are false or inaccurate, the Company shall not have the responsibility and shall not be held liable if the aforesaid eligibility criteria is not satisfied by you.
5. USER ACCOUNT
In order to use certain features of the Application and / or the Website Portal, you must register on the Application and / or the Website Portal by creating an online account (“Account”). In the event that you want to register on the Application and / or the Website Portal and wish to create an Account, you must be of legal age to form a binding contract. If you are not of legal age to form a binding contract or are otherwise incompetent to contract as per the Indian Contract Act, 1872, you shall not be entitled to register on or use our Application and / or the Website Portal and / or the Services thereon. While creating an Account, you will be required to provide your personal details such as your name, contact number, e-mail and other details for successfully registering your Account on the Application and / or the Website Portal to avail the Services.
It is hereby clarified that you will be required to provide a password for your Account and that you shall solely be responsible for maintaining the confidentiality of your Account details, login details and password.
It is further clarified that you shall solely be responsible for all the activities in relation to your Account. You also agree that, at the time of creating your Account and at any other time, you shall provide true, correct and accurate information and ensure that all such information is up-to-date and accurate at all times.
6. YOUR ROLES AND RESPONSIBILITIES
Your use of the Application and / or the Website Portal and the Services is solely for your personal and non-commercial use. Any use of the Application and / or the Website Portal or the Services other than for personal use is prohibited. During your use of the Application and / or the Website Portal and Services, you hereby agree and acknowledge that you shall not:
- resort to, indulge in or distribute any unlawful, objectionable, offensive, indecent, pornographic, threatening, racially offensive, or otherwise inappropriate content, or other information, or make any comments or remarks or demean or insult any religious or cultural practices, irrespective of whether it relates to any school or educational institutions, in any manner whatsoever;
- provide misleading or false personal details, impersonate any person or entity, or indulge in any other fraudulent activity;
- access or use the Application and / or the Website Portal and / or Services through the Account of other users;
- defame, harass, abuse or threaten other users of the Application and / or the Website Portal and / or Services, any other persons involved in the provision of Services;
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Application and / or the Website Portal or any part thereof;
- damage the operation of the Application and / or the Website Portal or otherwise interfere with any other user’s or person’s enjoyment of the Application and / or the Website Portal;
- alter or modify any part of the Application and / or the Website Portal, Services; and
- Violate any other terms and conditions specified herein, in any form or manner.
In the event that you breach any of the terms and conditions set forth herein, Thoughtniques reserves the right to to suspend and / or terminate your access to the Application and / or the Website Portal and the Services with or without notice to you. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your Account and access to the Application and / or the Website Portal and the Services. Upon suspension or termination, your right to access, procure or use the Services on the Application and / or the Website Portal shall immediately cease and we reserve the right to remove or delete your information that is available with Thoughtniques, including but not limited to your login and Account information.
9. OWNERSHIP OF INTELLECTUAL PROPERTY
The Application and / or the Website Portal, Services and all information and / or content that you see, hear, or otherwise experience on the Application and / or the Website Portal are protected by the Indian and international copyright, trademark and other laws. We own or have the license to use all of the intellectual property rights relating to Thoughtniques, the Application and / or the Website Portal, the Services and other information and content, including, without limitation, all intellectual property rights protected as copyrights, trademarks, service marks, trade secrets, or proprietary or confidential information, and whether or not they happened to be registered. You will not, in any manner, acquire any intellectual property rights in Thoughtniques and / or the Application and / or the Website Portal or Services by your use of the Application and / or the Website Portal and / or Services.
For the sake of brevity, it is expressly clarified herein that the Application, the Website Portal, the Services and all information and content thereto and all intellectual property rights therein, shall belong solely and exclusively to Thoughtniques. Infringement of any such intellectual property s for any purpose, whether commercial or otherwise, shall be a violation of Thoughtniques’s intellectual property rights and Thoughtniques reserves all its rights and remedies in law in relation to such violation.
10. YOUR LICENSE TO USE THE APPLICATION OR WEBSITE PORTAL
When you use the Application and / or the Website Portal or our Services, you may access intellectual property rights that we or our licensors own or license. Subject to your compliance with the terms and conditions of these Terms, Thoughtniques grants you a limited, non-exclusive, non-transferable and revocable license, without the right to sublicense, to access and use the Services Thoughtniques solely for your personal purposes. You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services without Thoughtniques’s express prior written consent. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Thoughtniques or its licensors, except for the licenses and rights expressly granted in these Terms.
11. ERRORS, INACCURACIES AND OMISSIONS
There may be certain errors, inaccuracies or omissions on the Application and / or the Website Portal or in the Services, including pricing of Services. We reserve the right, in our absolute sole discretion, to rectify and correct any errors, inaccuracies or omissions, and to change or update any information on the Application and / or the Website Portal and / or in the Services at any time, without prior notice to you. We are in no manner obligated to rectify, update or amend the information available on the Application and / or the Website Portal on a regular basis, including without limitation pricing information, except as may be required by law. No specific amendment, modification or update shall be construed as an amendment, modification or update of these Terms in entirety or of the Application, the Website Portal and the Services in entirety.
12. DISCLAIMER OF WARRANTIES
You expressly agree that use of the Application and / or the Website Portal and the Services thereon is at your sole risk. Both the Application and / or the Website Portal and Services are provided on an “as is” and “as available” basis. The Company expressly disclaims any and all warranties and liabilities of any kind, whether express or implied including, but not limited to any and all liabilities and warranties of fitness for a particular use or purpose, non-infringement, title, operability, condition, value, accuracy of Content and other data and system integration.
Thoughtniques and / or its affiliates disclaim any liabilities and warranties regarding the accuracy, reliability, authenticity and security of the Services or that the Services will be free from errors or that any errors will be corrected. No Content, courses, study material or other information provided to You, as being a part of the Services or otherwise, will create any liability or warranty that is not expressly stated in these Terms.
WE MAKE NO REPRESENTATIONS CONCERNING, AND DO NOT GUARANTEE, THE ACCURACY OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY INFORMATION PROVIDED THROUGH THE SERVICES OR THEIR APPLICABILITY TO YOUR INDIVIDUAL CIRCUMSTANCES. OUR SERVICES AND APPLICATION AND / OR THE WEBSITE PORTAL ARE DEVELOPED FOR USE IN INDIA AND THOUGHTNIQUES AND / OR ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTY CONCERNING THE SERVICES OR APPLICATION AND / OR THE WEBSITE PORTAL WHEN THEY ARE USED IN ANY OTHER COUNTRY.
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMISSIBLE BY THE APPLICABLE LAWS, AND IN NO EVENT, WILL THOUGHTNIQUES AND / OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APPLICATION AND / OR THE WEBSITE PORTAL OR THE SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND / OR WHETHER OR NOT THOUGHTNIQUES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. IF YOU ARE DISSATISFIED WITH THE APPLICATION AND / OR THE WEBSITE PORTAL OR THE SERVICES, OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION AND / OR THE WEBSITE PORTAL AND THE SERVICES.
EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAWS, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO YOUR USE OF THE APPLICATION AND / OR THE WEBSITE PORTAL OR THE SERVICES OR OUR RELATIONSHIP WITH YOU, MUST BE BROUGHT WITHIN 30 (THIRTY) DAYS AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM OR CAUSE OF ACTION OR THE SAME WILL BE DEEMED TO BE FOREVER BARRED.
WE AND / OR OUR AFFILIATES SHALL, UNDER NO CIRCUMSTANCE WHATSOEVER, BE LIABLE FOR ANY DELAY OR DEFAULT IN THE PROVISION OF SERVICES UNDER THIS AGREEMENT CAUSED BY AN EVENT BEYOUND OUR REASONABLE CONTROL, INCLUDING BUT NOT LIMITIED TO ANY FORCE MAJEURE EVENTS, ACT OF GOD, DELAY IN PROVISION OF SERVICES, FAILURE OR DEFAULT BY YOU, YOUR WIRLESS CARRIER / NETWORK PROVIDER, OR ANY OTHER SUPPLIER OF GOODS OR SERVICES TO YOU OR TO US.
14. APPLICABLE LAW AND DISPUTE RESOLUTION
Any dispute, claim or controversy arising out of or relating to these Terms, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Application and / or the Website Portal or the Services or information to which it gives access, shall be determined by arbitration, before a sole arbitrator to be appointed by Thoughtniques and the User mutually. In the event that no consensus is reached on the appointment of the sole arbitrator, Thoughtniques and the User shall appoint 1 (one) arbitrator each, and the 2 (two) appointed arbitrators shall mutually appoint a third arbitrator who shall act as the chairperson for the arbitration proceedings. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Hyderabad. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.
Subject to the foregoing, these Terms shall be governed by and construed in accordance with the laws of India. You consent to the jurisdiction of the courts of Hyderabad, Telangana, for any and all disputes arising under or in connection with this Agreement.
15. CHANGES TO THESE TERMS
You are encouraged to periodically visit this page to review these Terms and any amendments or changes thereto.
Thoughtniques reserves, in its absolute sole discretion, the right to amend or change these Terms at any time, as it may deem fit, without notice. Any such amendments or changes will be effective immediately and will be deemed to be a part our Agreement. Your continued use of the Application and / or the Website Portal or the Services after any such amendment or change signifies your acceptance to such amendment or change. Discontinuing your use of the Application and / or the Website Portal or the Services will not affect the applicability of these Terms to your prior uses of the Application and / or the Website Portal, in any manner.
In the event that one or more provisions of these Terms are be found to be or become unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and / or enforceability of the remaining provisions of these Terms which will continue to remain in full force and effect.
17. NO WAIVER
Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.
If you have any queries regarding these Terms or our Services, please contact us at email@example.com or call us on the numbers provided on our Application / Website Portal.