Thanks for using our K12App service (“Services”). The K12App Service is provided by Diksha Online Software Private Limited, a company registered under the provision of the Companies Act, 1956 and having it's registered office at L 1/3, First Floor, S.K. Puri, Boring Road Patna 800001.
By using or accessing the Service, you signify that you unconditionally agree and accept to be legally bound by these Terms of Service (“TOS). No other terms or conditions of any sort in any document, writing or other communication whatsoever made by you to Diksha Online or its employees, executives, representatives or agents in relation to the Service shall be applicable to or binding on Diksha Online.
PLEASE READ THESE TERMS CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This TOS is a legal agreement between you (Herein referred to as “client” or “user” or “you”, or “school”) and Diksha Online Software Private Limited (Herein referred to as “Diksha Online” or “our” or “company” or “we”), and is made effective as of the date of electronic acceptance of the K12App Services by you. You must agree with all of the terms and conditions contained in this TOS. Your electronic Signup of the Service or use of the Service signifies thatyou have read, understand, acknowledge and agree to be bound by this TOS. We may, in our sole and absolute discretion, change or modify this TOS, and any policies or terms which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this TOS as last revised. If you do not agree to be bound by the TOS as last revised, do not continue to use this Site or the Service.
You authorize Diksha Online to make any inquiries we consider necessary to validate your identity. This may include asking you for further information or documentation to take steps to confirm your ownership and identity.
Your subscription will continue in effect unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee to your Payment Method. We will bill the subscription fee at the then-current rate plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Subscription fees are fully earned upon payment.
You agree that Diksha Online, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if Diksha Online believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Diksha Online may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Diksha Online may immediately deactivate or delete your account and all related information and files in youraccount and/or bar any further access to such files or the Service. Further, you agree that Diksha Online shall not be liable to you or any third-party for any termination of your access to the Service.
Diksha Online reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
This agreement shall be regarded as a guarantee by the school to Diksha Online that all permissions and authorities have been obtained in respect to the use of school’s registered logos, graphic images, names and trademarks or any other supplied material in the Service. Diksha Online cannot be held liable for any information, copy, or images that have not been secured legally and that may result in copyright infringement.
Subject to the terms of this Agreement, we shall use commercially reasonable efforts to attempt to provide the Services on a twenty-four hours a day, seven days a week basis. You acknowledge and agree that from time to time this Site and Service may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond ou rreasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
In the event you are provided with a free product or service credit (“Credit”) with the purchase of this Service (“Purchased Service”), you acknowledge and agree that such Credit is valid only for one year from the date of purchase and may be terminated in the event the product purchases is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Service if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial free one year period, the free product will automatically renew at the then current renewal price until cancelled.
You expressly understand and agree that Diksha Online Software Private Limited shall not beliable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Diksha Online has been advised for the possibility of such damages), resulting from: (I) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and Services resulting from any goods, data, information or Services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party involved in the Service or any other matter relating to the Service. (v) loss arising out of use of our third party vendors, hosting partners and Internet Payment Gateway service providers. (vi) In any case Diksha Online and its suppliers, distributors, executives and directors for any claims under these terms, including for any implied warranties, is limited to the amount you paid us for the current period to use the Services (or, if we choose, to supplying you the Services again).
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Diksha Online, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Diksha Online grants you a personal, non-transferable and non-exclusive right and license to use the Service. You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service.You agree not to access the Service by any means other than through the interface that is provided by Diksha Online for use in accessing the Service.
A link to Diksha Online as the service provider will appear in small print at the bottom of each page of the website designed by Diksha Online.
Diksha Online Software Private Limited cannot guarantee the absence of Servicedue to interruptions caused by circumstances beyond its control including butnot limited to telecommunications problems, server down time, vandalism,hacking, theft, phone Service disruptions, Internet disruptions, loss of data,extreme or severe weather conditions or any other causes in the nature of"ACTS OF GOD" or force majeure.
You understand that Diksha Online uses the services of third party vendors, hosting partners, SMS Providers, and Internet Payment Gateway Providers to provide the necessary hardware, software, storage, SMS and online payment processingservices enabling receipt of payment through a credit/debit card or other methods on internet and other technology required to run the Service. You agreethat we shall not be responsible or liable in any way for any loss or damage of any sort incurred as the result of any such dealings with any third parties, as the result of the presence of such third parties on the Service, or as the result of the use of the Service in any way by such third parties.
Our website may contain links to other Internet websites. These hyperlinks,if any, are at user’s own risk. The contents of these sites are not verified or endorsed by Diksha Online in any way. Diksha Online makes no warranty or representation that the contents of such websites are error-free and correct. However, once you have used these links to leave our site, you should note that we do not have any control over that website. Therefore, we cannot be held responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacystatement. You should exercise caution and look at the privacy statement applicable to that website.
You agree to defend, indemnify and hold Diksha Online, its directors, employee, executives, partners and affiliates harmless from any claim, demand (including attorneys’ fees), fine, or other liability incurred by any third party due to or arising out of your or your employees’ or agents ’breach of this Agreement and/or use of Diksha Online services. You also undertake to indemnify for any claims, demands, actions, suits, proceedings, liabilities, losses, costs, legal fees or damages of any kind, asserted against Diksha Online on account of:
As we do not provide Payment Gateway services, you declare and accord your consent to enter into an agreement with Payment Gateway Service Providers for availing of payment processing services on terms and conditions as may be specified in the agreement to be executed by these Payment Gateway Service Providers. You consent and agree to comply with the guidelines, instruction, request, etc. made by the Payment Gateway Providers from time to time. You further acknowledge that Diksha Online Software Private Limited, its directors, executives, officers and employees does not take any liability forany loss or damage, if any, suffered by school on account of use of Payment Gateway services as these services are of third party and are available to school’s own risk. It is hereby agreed and acknowledged by the school that Incase of any dispute regarding online payment of school fee, parents will have to contact their respective school authorities for any refund of school fee. No refund from Diksha Online is permissible under any circumstances. School shall (a) maintain a fair refund, cancellation or adjustment policy regarding school fee; (b) disclose its return or cancellation policy of school fee to parents.
Diksha Online is committed to protect the privacy of its customers and ensures that your information remains private and confidential. We will never use, sell, rent, exchange or share your information with any third parties.
We may use or exchange your information for the following purposes:
THE INFORMATION CONTAINED IN THIS WEBSITE IS FOR GENERAL INFORMATION PURPOSES ONLY. THOUGH WE ENDEAVOR TO KEEP THE INFORMATION UP TO DATE AND CORRECT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY, SUITABILITY OR AVAILABILITY WITH RESPECT TO THE WEBSITE OR THE INFORMATION, PRODUCTS, SERVICES OR RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS THEREFORE STRICTLY AT YOUR OWN RISK AND THE SERVICE IS PROVIDED ON “AS AVAILABLE” BASIS.
OUR WEBSITE MAY CONTAIN LINKS TO OTHER INTERNET WEBSITES. THESE HYPERLINKS, IF ANY, ARE AT USER’S OWN RISK. THE CONTENTS OF THESE SITES ARE NOT VERIFIED OR ENDORSED BY DIKSHA ONLINE IN ANY WAY. DIKSHA ONLINE MAKES NO WARRANTY OR REPRESENTATION THAT THE CONTENTS OF SUCH WEBSITES ARE ERROR-FREE AND CORRECT. HOWEVER, ONCE YOU HAVE USED SUCH LINKS TO LEAVE OUR SITE, YOU SHOULD NOTE THAT WE DO NOT HAVE ANY CONTROL OVER THAT WEBSITE. THEREFORE, WE CANNOT BE HELD RESPONSIBLE FOR THE PROTECTION AND PRIVACY OF ANY INFORMATION WHICH YOU PROVIDE WHILST VISITING SUCH SITES AND SUCH SITES ARE NOT GOVERNED BY THIS PRIVACY STATEMENT. YOU SHOULD EXERCISE CAUTION AND LOOK AT THE PRIVACY STATEMENT APPLICABLE TO THAT WEBSITE.
EVERY EFFORT IS MADE TO KEEP THE WEBSITE UP AND RUNNING SMOOTHLY. HOWEVER, DIKSHA ONLINE DOES NOT WARRANT THAT (I) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES,INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.
WE DO NOT GUARANTEE THE ABSENCE OF SERVICE DUE TO INTERRUPTIONS CAUSED BY CIRCUMSTANCES BEYOND OUR CONTROL INCLUDING BUT NOT LIMITED TOTELECOMMUNICATION PROBLEMS, SERVER DOWN TIME, VANDALISM, , EQUIPMENTMAL FUNCTIONS; PERIODIC MAINTENANCE, REPAIRS OR REPLACEMENTS THAT WE UNDERTAKE FROM TIME TO TIME; OR CAUSES BEYOND OUR REASONABLE CONTROL OR THAT ARE NOT REASONABLY FORESEEABLE INCLUDING, HACKING, THEFT, PHONE SERVICE DISRUPTIONS, INTERNET DISRUPTIONS, LOSS OF DATA, EXTREME OR SEVERE WEATHER CONDITIONS OR ANY OTHER CAUSES IN THE NATURE OF "ACTS OF GOD" OR FORCE MAJEURE.