Terms of Service
1. Your Acceptance
2. White Labeled App (Euroschool Web Genie)
These Terms of Service apply to all users of the White Labeled App. Information provided by our users through the White Labeled App may contain links to third party websites that are not owned or controlled by uFony/EuroSchool. uFony/EuroSchool has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, uFony/EuroSchool will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly acknowledge and agree that uFony/EuroSchool shall not be responsible for any damages, claims or other liability arising from or related to your use of any third-party website.
3. uFony Access
White Labeled App allows you to access child specific school information through our mobile and web-based apps and our site (each an “App”). As long as you comply with these Terms, you have the right to download and install a copy of the App to your mobile device, and to access and use the White Labeled App, for your own personal use.
A. Subject to your compliance with these Terms of Service, uFony hereby grants you permission to use the Service, provided that:
(i) You are eighteen (18) years of age or older and have full power and authority to enter into this Terms of Service
(ii) You will not provide any false personal information on or through the Service, or create an account for anyone other than yourself without such other’s permission.
(iii) You can login upto five (5) personal devices (here personal means your smartphone device and devices of your immediate family members including your wife & parents) using the same login ID. You will not share your password with anyone outside the immediate family, let anyone else access your account, or do anything else that might jeopardize the security of your account.
(iv) You will not use an email ID and/or phone number of another person with the intent of impersonating that person.
(v) Your use of the Service as permitted is solely for your personal use, and you are not permitted to resell or charge others for use of or access to the Service, or in any other manner inconsistent with these Terms of Service.
(vi) You will not duplicate, transfer, give access to, copy or distribute any part of the Service in any medium without uFony's prior written authorization.
(vii) You will not attempt to reverse engineer, alter or modify any part of the Service and
B. In order to access and use the features of the Service, you acknowledge and agree that you will have to provide uFony or Euroschool with your valid mobile phone number. You expressly acknowledge and agree that in order to provide the Service, uFony may periodically access any information on your phone but not limited to logs, bug reports, device unique IDs, location etc . You must notify uFony/EuroSchool immediately of any breach of security or unauthorized use of your mobile phone. Although uFony/EuroSchool will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of uFony/ EuroShool or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc. or "load testers" such as wget, apache bench, mswebstress, httpload, blitz, Xcode Automator, Android Monkey, etc., that accesses the Service in a manner that sends more request messages to the uFony servers in a given period of time than a human can reasonably produce in the same period by using a Services, and you are forbidden from ripping the content. Notwithstanding the foregoing, uFony grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. uFony/ EuroSchool reserves the right to revoke these exceptions either generally or in specific cases. While we don't disallow the use of sniffers such as Ethereal, tcpdump or HTTPWatch in general, we do disallow any efforts to reverse-engineer our system, our protocols, or explore outside the boundaries of the normal requests made by uFony/ EuroSchool user. We have to disallow using request modification tools such as fiddler or whisker, or the like or any other such tools activities that are meant to explore or harm, penetrate or test the site. You must secure our permission before you measure, test, health check or otherwise monitor any network equipment, servers or assets hosted on our domain. You agree not to collect or harvest any personally identifiable information, including phone number, from the Service, nor to use the communication systems provided by the Service for any commercial solicitation or spam purposes. You agree not to spam, or solicit for commercial purposes, any users of the Service.
4. Intellectual Property Rights
The design of the White Labeled App along with its created text, voice, scripts, graphics, interactive features and the like, except Submissions (as defined below), and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to uFony or EuroSchool, subject to copyright and other intellectual property rights under India and foreign laws and international conventions. The Service is provided to you AS IS for your information and personal use only. uFony/EuroSchool reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Service other than expressly permitted herein, including any use, copying, or distribution of voice and text messages, notifications and status Submissions of third parties obtained through the Service for any commercial purposes.
5. User Content
A. The White Labeled App allows users to send text messages, voice messages, pictures, PDF, profile photos, update location, set event & reminders, take & share attendance information, fee information and other communications, as well as it captures the automatic submission of user “last seen” status (collectively, the "Contents"). These Contents may be hosted, shared, and/or published as part of the White Labeled App, and may be visible to uFony/EuroSchool depending on their role/designation.
B. You shall be solely responsible for your own Contents and the consequences of posting or publishing them. Because White Labeled App is only acting as a repository of data, user submitted Contents do not necessarily represent the views or opinions of uFony/EuroSchool, and uFony/EuroSchool makes no guarantees as to the validity, accuracy or legal status of any status. In connection with Contents, you affirm, represent, and/or warrant that:
(i) You own or have the necessary licenses, rights, consents, and permissions to use and authorize White Labeled App to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Contents to enable inclusion and use of the Contents in the manner contemplated by the Service and these Terms of Service; and
(ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Contents to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Contents in the manner contemplated by the Service and these Terms of Service.
To be clear: you retain all of your ownership rights in your Contents, but you have to have the rights in the first place. However, by submitting the Contents to White Labeled App, you hereby grant White Labeled App a worldwide, non-exclusive, royalty-free, sub licenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Submissions in connection with the White Labeled App and uFony's other (and its successor's) business, including without limitation for promoting and redistributing part or all of the White Labeled App (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your message on the White Labeled App a non-exclusive license to access your Contents through the Service.
C. In connection with Contents, you further agree that you will not:
(i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant uFony/ EuroSchool all of the license rights granted herein;
(ii) publish falsehoods or misrepresentations that could damage uFony/ EuroSchool or any third party;
(iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially, religiously or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) post advertisements or solicitations of business without ufony/ / EuroSchool explicit written permission;
(v) impersonate another person;
(vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
(vii) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or
(viii) attempt to gain unauthorized access to the Service or its related systems or networks.
D. Adult content must be identified as such. White Labeled App does not endorse any message, Content or any opinion, recommendation, or advice expressed therein, and uFony /EuroSchool expressly disclaims any and all liability in connection with any Content. uFony/EuroSchool does not permit copyright infringing activities and infringement of intellectual property rights via its Service, and uFony/EuroSchool will remove all content if properly notified that such content infringes on another's intellectual property rights. To file a copyright infringement notification, please send a written communication that includes substantially the following (:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the mobile phone number and/or email ID of the White Labeled App user allegedly infringing the copyrighted work;
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such takedown notices may be emailed to contact at EuroSchool. EuroSchool reserves the right to remove any content without prior notice. EuroSchool may also terminate a user's access to the Service, if they are determined to be a repeat infringer, or for any or no reason, including being annoying. A repeat infringer is a User who has been notified of infringing activity more than once and/or has had a content removed from the Service more than twice. uFony/ EuroSchool also reserves the right to decide whether content is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. uFony/EuroSchool may remove such Contents and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
E. You understand that when using the White Labeled App you will be exposed to Contents from a variety of sources, and that uFony/EuroSchool is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions, and that such Contents are not the responsibility of uFony/EuroSchool. You further understand and acknowledge that you may be exposed to Contents that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against uFony/EuroSchool with respect thereto, and agree to indemnify and hold uFony/EuroSchool, its officers, directors, employees, agents, affiliates, Trustee, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the White Labeled App.
F. EuroSchool reserves the right to discontinue any aspect/feature of the White Labeled App at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WHITE LABELED APP SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, UFONY/ EuroSchool, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF. UFONY/ EuroSchool MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICE'S CONTENT 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 SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR 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 SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE THROUGH THE ACTIONS OF ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONSIN 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 THE WHITE LABELED APP. UFONY / EuroSchool DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WHITE LABELED APP OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER COMMUNICATION OR OTHER ADVERTISING, AND UFONY/ EuroSchool 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. AND AGAIN, USE THIS JUST FOR FUN.
7. Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE THAT UFONY/ EuroSchool 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 Service is controlled and offered by uFony/ EuroSchool from its facilities in the India. uFony/ EuroSchool makes no representations that the White Labeled App is appropriate or available for use in other locations. Those who access or use the White Labeled App from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless uFony/ EuroSchool, its parent corporation, 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 the White Labeled App; (ii) your violation of any term of these Terms of Service; (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 contents caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the White Labeled App.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are at least 18 years old as the White Labeled App is not intended for children under 18. If you are under 18 years of age, you are not permitted to use the White Labeled App. You further represent and warrant that you are not located in a country that is subject to a Indian Government embargo, or that has been designated by the Indian Government as a” terrorist-supporting” country, and that you are not listed on any Indian list of prohibited or restricted parties. uFony is the developer of the Service, with an address at 308, Rose Icon Commercial Complex, Above Vijaya bank, Pimple Saudagar,Pune Maharashtra, India - 411027, India, info at uFony.com and EuroSchool is the Licensee of the uFony.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by uFony without restriction.
You agree that:
(i) The White Labeled App shall be deemed solely based in Mumbai India;
(ii) the White Labeled App shall be deemed a passive server that does not give rise to personal jurisdiction over uFony, either specific or general, in jurisdictions other than Pune, India; and
(iii) that you agree to subject to the jurisdiction of Mumbai,India in the event of any legal dispute. These Terms of Service shall be governed by the internal substantive laws of the Republic of India, without respect to its conflict of laws principles. Any claim or dispute between you and uFony that arises in whole or in part from the White Labeled App shall be decided exclusively by a court of competent jurisdiction located in Mumbai, India.
These Terms of Service, at http://webgenie.euroschoolindia.com and any other legal notices published by uFony/EuroSchool, shall constitute the entire agreement between you and uFony/ EuroSchool concerning the White Labeled App. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and uFony's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. uFony reserves the right to amend or modify these Terms of Service at any time, and it is your responsibility to review these Terms of Service for any changes. If you do not agree to the revised Terms, your only recourse is to discontinue the use of the White Labeled App. Your continued use of the White Labeled App following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND UFONY/ EuroSchool AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WHITE LABELED APP MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.