With respect to your access and use of the Wise Cells Services, Wise Cells provides its Services to you, subject to the following Terms, which may be updated by Wise Cells from time to time without notice to you, and which updates become effective when posted. You are responsible for regularly reviewing these Terms. Also, you must be at least 18 years old or have the permission of your parent or guardian allowing you to use the Services.
In addition, when using particular Wise Cells Services, you and Wise Cells shall be subject to any posted guidelines or rules applicable to such sites or services, which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms. In the event that any of the Terms contained herein conflict with such guidelines or rules, these Terms shall control.
You agree to be bound by these Terms, and indicate such agreement by any access or use of the Wise Cells Services. If you do not agree to these Terms, do not access and use the Wise Cells Services.
- Permitted Use.
- Wise Cells Services. Subject to these Terms, Wise Cells hereby grants you the right to access and use the Wise Cells Services solely for the following purposes: (i) if you are accessing the Wise Cells Services as an individual, then any and all use of the Wise Cells Services is for your personal, non-commercial use only; or (ii) if you are accessing the Wise Cells Services on behalf of a business entity, or educational institution, then any and all use of the Wise Cells Services must be for such business entity’s, or educational institution’s, internal business or educational purposes in connection with the establishment or continuation of a business relationship with Wise Cells. Wise Cells retains all rights with respect to the Wise Cells Services except those expressly granted to you through these Terms. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Wise Cells Services. Such framing is strictly prohibited under these Terms. The content and software on the Wise Cells Sites are the proprietary property of Wise Cells and/or its suppliers and Partners and are protected by India and international copyright and other intellectual property laws. Wise Cells and Canvas, are the trademarks of Wise Cells. The names of actual companies and products listed on the Wise Cells Services may be the trademarks of their respective owners. Wise Cells reserves the right to suspend, cancel or limit the use of the Wise Cells Services with or without cause, and with or without notice. For example, we may suspend, cancel or limit your use if your use violates these Terms or conflicts with our company goals.
- Mobile Application Use. By downloading any application from Wise Cells Learning Solutions LLP., (the “Company”) installing or using any mobile application or any portion thereof (“Application”) you agree to the following Application use. The Company grants you a non-transferable, non-exclusive, limited right and license to install and use Application solely and exclusively for your personal use. You may not use the Application in any manner that could damage, impair, disable, or overburden the Application (or servers or networks connected to the Application), nor may you use the Application in any manner that could interfere with any other party’s use and enjoyment of the Application (or servers or networks connected to the Application). You agree that you are solely responsible for your use of the Application, any breach of your obligations under the Terms, and for the consequences (including any loss or damage which the Company may suffer) of any such breach.
- Use by Children.
- You must be 13 years old or older to use the Wise Cells Services.
- If a child is under the age of 13, a parent or legal guardian MUST give verifiable parental consent for the child to use the Wise Cells Services.
- Wise Cells collects limited personal information from minor students only where that student’s school, district, or teacher has contracted with Wise Cells to collect personal information for the use and benefit of the learning environment.
- Wise Cells requires schools, districts, or teachers to obtain parental consent from parents.
- If you believe that a student’s school, district, or teacher has not required parental consent prior to our collection of any personal information, contact us at email@example.com.
- Additional Provisions.
If you are a STUDENT, the following provisions also apply:
If you are accessing the Wise Cells Services on behalf of a SCHOOL, the following provisions also apply:
- Be careful who you share your information with while using the Wise Cells Services.
- You must get your parent or guardian to read these Terms before using the Wise Cells Services.
- You will only register for and access the Wise Cells Services and Application as a student registrant, and not as a teacher, parent, or any other category of user.
- You will only access the Wise Cells Services using the access code given to you by your teacher. You may not use any access codes which you receive from other students or which you did not receive directly from your teacher.
If you are accessing Wise Cells Services as a TEACHER, the following provisions also apply:
- You must obtain verifiable parental consent (“Consent”) from all parents whose children will be accessing our services.
- You must provide the verifiable parental consent received to Wise Cells upon our request.
- You will only grant access codes to teachers and staff members who are current employees of your school or district. Upon termination of a teacher or other staff member’s employment with you, you will require such individual to return and cease using all access codes he or she has in his or her possession. If at any time you learn a user of the Services claims to be affiliated with your school or district who is not, in fact, affiliated with your school or district, you will notify Wise Cells immediately.
If you are accessing Wise Cells Services as a PARENT, the following provisions also apply:
- You represent and warrant that you have permission from your school to enter into this Terms and to use our services as part of your curriculum.
- You represent and warrant that you are entering into these Terms on behalf of your school, and that you have authority to bind your school or district to these Terms.
- You represent and warrant that you are solely responsible for verifiable parental consent for online collection of personal information from children under 13.
- You must obtain Consent from all parents whose children will be accessing our services.
- You must keep Consents on file and provide them to Wise Cells upon our request.
- You will only use the parent code(s) provided to you by your child or children’s teacher.
- You agree not to use any access code to access the account or information about anyone other than the child for whom the access code was provided.
- You understand that your acceptance of these Terms indicates that you are agreeing to these Terms both on your own behalf as well as on behalf of your child or children who use the Wise Cells Services. Children under 13 must not use the Wise Cells Services until after a parent has accepted these Terms on their behalf.
- Links to Third Party Sites. The Wise Cells Services may contain links or produce search results that reference links to third party web sites (“Linked Sites”). Wise Cells has no control over these Linked Sites or the content within them. Wise Cells cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and/or inoffensive. Wise Cells does not endorse the content of any Linked Site, nor do we warrant that a Linked Site will not contain computer viruses or other harmful code that can impact your computer or other web access device. By using the Wise Cells Services to search for or link to another site, you agree and understand that such use is entirely at your own risk, and that you may not make any claim against Wise Cells for any damages or losses whatsoever resulting from such use. However, if you experience a problem with a Linked Site, please let us know at firstname.lastname@example.org, and we will investigate the link and take appropriate action.
- Mobile Application Proprietary Rights. You acknowledge that (a) the Application contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) the Company and/or third parties own all right, title and interest in and to the mobile Application and content, excluding content provided by you, that may be presented or accessed through the Application, including without limitation all Intellectual Property Rights therein and thereto. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all Application, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that you will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Application or content that may be presented or accessed through the Application for any purpose, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality contained in the Application, (iii) use the Application to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter the Company’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Application.
- No Unlawful or Prohibited Use. As a condition of your use of the Wise Cells Services, you warrant to Wise Cells that you will not use the Wise Cells Services for any purpose that is unlawful or prohibited by these Terms. You agree not to use the Wise Cells Services in any manner, which could damage, disable, overburden, or impair the Wise Cells Services or interfere with any other party’s use and enjoyment of the Wise Cells Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Wise Cells Services.
- Export Restrictions. The Wise Cells Services may be subject to export controls or restrictions by the India or other countries or territories. You agree to comply with all applicable India and international export laws and regulations. These laws include restrictions on destinations, end users, and end use.
- Ownership of Submitted Feedback or Bug Reports. Unless otherwise agreed to by Wise Cells, in writing, you agree that any and all information and content that you provide to the Wise Cells Feedback or Bug Reporting process becomes the exclusive property of Wise Cells, and you irrevocably assign all rights of ownership, including, without limitation, intellectual property rights, to Wise Cells upon submission of the information and content. You represent and warrant that you are the owner of such information and content and are authorized to make such assignment of rights.
- Termination. These Terms will continue to apply until terminated by either you or the Company as set forth below. You may terminate these Terms at any time by permanently deleting the Application from your mobile device in its entirety or ceasing your use of the Wise Cells Services. Your rights automatically and immediately terminate without notice from the Company or any Third Party if you fail to comply with any provision of these Terms. In such event, you must immediately delete the Applications.
- Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless the Company, its partners, affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys fees) arising out of or accruing from your use of the Wise Cells Services, including your downloading, installation, or use of the Wise Cells Services, or your violation of these Terms or documents it incorporates by reference.
- Warranty Disclaimer. Wise Cells does not promise that the Wise Cells Services will be error-free, uninterrupted, nor that the Wise Cells Services will provide specific results from your use of any content, search or link on them. The Wise Cells Services and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind. Wise Cells does not warrant or represent that files you download from the Wise Cells Services will be free of viruses or other harmful features. You are solely responsible for any damage to your mobile device, or other device, or loss of data that results from such use. WISE CELLS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
- Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL WISE CELLS, OR ITS AFFILIATES AND PARTNERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE WISE CELLS SERVICES. IN NO EVENT SHALL WISE CELLS' AGGREGATE LIABILITY, OR THE AGGREGATE LIABILITY OF WISE CELLS’ AFFILIATES AND PARTNERS, TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THE WISE CELLS SERVICES EXCEED THE GREATER OF THE FOLLOWING: (A) TOTAL AMOUNTS PAID BY YOU TO WISE CELLS FOR ACCESSING THIS SITE; OR (B) RUPEES 500 (INR 500.00).
- Additional Representations and Warranties. You affirm that you are at least 18 years old or have the permission of your parent or guardian allowing you to use the Services and enter into agreements with Wise Cells. If you are under 18 years old, you agree to have your parent or guardian read and acknowledge these Terms before proceeding. By providing their permission, your parents or guardians agree with Wise Cells to all of the terms and conditions contained within this document.
- Designated Agent for Alleged Copyright Infringement. Wise Cells respects the intellectual property of others, and we ask you to do the same. If you believe some content on the Wise Cells Services has been copied in such as way to constitute copyright infringement, please contact us at the contact information contained on the above website.
- We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
Effective: September 2, 2012