The following Terms & Conditions (“Terms”) govern the usage of (a) our website www.teaqip.com (“Website”), (b) our Software Application (“Software Application”) and/ or (c) any modes of registrations or usage of Website/Software Application, including but not limited to usage through SD cards, laptops, mobile phones, tablets or other storage/transmitting devices and constitute a valid and binding contract between one Mr Sudhir Sinha (“Owner”, “Us”, “We”, “Our”), the owner of the Website and Software Application and its users (“User”, “You”, “Your”).
These Terms constitute an electronic record and are made in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time.
Your use/access/browsing of the Website or Software Application or registration (with or without payment/with or without subscription) through any means shall signify Your acceptance of the Terms and Your agreement to be legally bound by the same. If you disagree with any part of the Terms, simply exit this page and Website and/ or Software Application without accessing or using and do not use the Website or Software Application. Any access to our Website/ Software Application through registrations/subscription is non-transferable and conditional.
a) “Applicable Law” means any applicable and relevant law, statute, rule, regulation, ordinances, treaty, judicial precedent, order, judgment, decree, injunction, permit or decision of the government of India, court or other legislative body, having jurisdiction over or otherwise governing these presents, as may be in force from time to time, without regard to conflict of law principles.
b) “Applicable Data Protection Law” shall mean any applicable and relevant law, statute, rule, regulation, ordinance, treaty, judicial precedent, order, decree, judgment, injunction, permit or decisions of the government, decisions of the court or equivalent fora having the effect of law in so far as these presents are concerned and applicable international law, as may be in force from time to time.
c) “EULA” shall refer to the entirety of the End User Licensing Agreement inclusive of its additions, addendums and amendments entered into by and between the Parties hitherto with respect to the use and licensing rights and restrictions covering Software Application;
e) “Person/s” means and includes any individual and any type of legal entity.
f) Product/Service: TeaQIP shall primarily mean a platform made available by Us, which shall include services such as student feedback management system, teacher training, education consultancy and similar; and products "teaqip.com" and any other products/services that the We provide the Customer.
h) “Representative” means any person authorised by the Owner or acting on behalf of the Owner and through which, customer/ client can reach the Owner;
i) “Site”/ “Website” refers to the website (https://www.teaqip.com/) of the Owner or any of its websites and/or Application Software and/or applications;
j) “Software Application” refers to TeaQIP software application which is a self- service portal to register your educational institution/organization, and use the system to conduct surveys and collect student’s feedback and provide the institution with customized advice for each teacher and management of the institution/organization;
k) “TeaQIP” refers to “Teaching Quality Improvement Program”;
l) “Terms” refers to this legal document named Website Terms and Conditions and shall apply to User(s) viewing/ accessing/ using/ licensing/ participating in/through Website and/ or Software Application;
m) “The Parties” refer to the Owner, on the one hand and the customer/ client on the other;
o) “User(s)”, “You”, “Your(s)” refers to any person who uses/ accesses the Website, Software Application including without limitation to Customer/Client, or any Product/Service through it which is made available by the Owner on the Website/ Software Application;
p) “We”, “Us”, “Our”, “Owner” refers to one Mr Sudhir Sinha having his office at Inspiring Souls, 202 Cordia, Nyati Estate, Mohammad Wadi, Hadapsar, Pune – 411060.
The Website provides information and details of TeaQIP: The Software Application is a self-service portal where You register Your educational institution / coaching classes/ colleges/ schools/ governmental department organization / and use this system to conduct surveys to collect feedback from the students for providing customized remedial advice for teachers/ staff and analytics for the management for improving the teaching process. Once the data is collected, it provides a variety of reports to facilitate the User(s) for the decision making at all levels for the improvement of Teaching Quality and Learning Outcome in students. The Software Application is currently designed for the purpose of User(s) limited to the above referred organizations/ area of business. The Owner may at their discretion change the purpose of Software Application to include any other organizations/ associations/ departments or areas of business
The Owner shall be entitled to modify these Terms , at any time, by posting the same or notification to that effect with a relevant link on the Website.
Use of Website and Software Application constitutes the User's acceptance of such Terms and Conditions, rules and regulations referred to herein, as may be amended from time to time. The Owner may, at its sole discretion, also notify the User(s) of any change or modification in these Terms and Conditions, rules and regulations referred to herein or provided by Owner, by way of sending an email to the User's registered email address or posting notifications in the User(s) accounts.
The User(s) may then exercise the options provided in such notifications or emails to indicate non-acceptance of the modified Terms, rules and regulations referred to herein or provided by Owner. If such options are not exercised by the User(s) within the time frame prescribed in the notification or emails, the User(s)shall be deemed to have accepted the modified Terms, rules and regulations referred to herein or provided by Owner.
It is agreed that, in case of non-observance of the requirement with respect to notification or emails or otherwise by the Owner, the User(s) shall nonetheless be bound by the changes, amendments, additions deletions and/ or modifications carried out by the Owner. It is the sole obligation of the User(s) to check, verify and confirm the Terms governing the usage of Website and/ or Software Application from time to time and the Owner is not liable with respect to the same.
Owner may, at its sole and absolute discretion:
• Restrict, suspend, or terminate any User's access to all or any part of Website and/or Software Application;
• Change, suspend, or discontinue all or any part of the Website and/or Software Application;
• Reject, move, or remove any material that may be submitted by a User(s);
• Modify, amend, move or remove any content, information, details and/ or data that is available on Website and/or Software Application;
• Deactivate or delete a User's account and all related information and files on the said account;
• Establish general practices and limits concerning use of Website and/or Software Application which may be subject to change from time to time;
• Delete, add and in any manner modify parameters or factors for assessment of staff/ teachers;
• Set new fields/ functions in the Software Application;
• Set new security requirements for password/ user name resets including but not limited to intermittent forced reset of password/ user name and requesting for security questions.
Subject to applicable data protection and privacy laws, Owner may assign rights and liabilities of all User accounts hereunder to any Third Party, at his own discretion. In the event any User(s) breaches, or Owner reasonably believes that such User(s) has breached these Terms, or has illegally or improperly used the Website and/ or Software Application, Owner may, at its sole and absolute discretion, and without any notice to the User(s), restrict, suspend or terminate such User's access to all or any part of Website and/ or Software Application, deactivate or delete the User's account and all related information on the account, delete any content posted by the User(s) on Owner and further, initiate other technical action and legal steps as it deems necessary.
User(s) is solely responsible for all materials, information, details, and data (collectively referred to as “Data”) (whether publicly posted or privately transmitted) that they upload, post, transmit, or otherwise make available on the Website and/ or Software Application. It is the duty of the User(s) to ensure that the Data is correctly filled as per the provided guidelines/ rules and the Owner has no liability with respect to the same. In case if any Data which is uploaded on Website and/ or Software Application is illegal, immoral, illicit, causing moral turpitude or in any manner forbidden under provisions of Applicable Law, User(s) is liable with respect to the same. In such cases, User(s) agree to indemnify and hold harmless Owner, his business associates and/or employees against all costs, damages, loss and harm including without limitation to litigation costs and counsel fees, in respect of any claims raised in regards to the information, data or details uploaded or made available by the User(s) on the Website and/ or Software Application.
You are aware that the data uploaded, posted, transmitted or otherwise made available on the Software Application contains certain personal sensitive data/ details of individual(s), people(s) and person(s) which is uploaded and stored on the remote server/ remote database/ cloud of the Owner. You hereby declare that, You have sought the necessary consents from the individual(s), people(s) and person(s) prior to such Data being uploaded, posted or made available on the Website/ Software Application. You provide the Owner explicit consent with respect to storage of such data and have also provided information of the same to the person(s), people(s) and/or individual(s) whose information is stored on the remote server/ remote database/ cloud b the Owner. You are aware that the Owner(s) shall not have direct or indirect access to the data shared, posted, uploaded or otherwise transmitted by You to the remote server/ remote database/ cloud of the Owner. In case if the Data which is uploaded, shared or in any manner made available on Website and/ or Software Application is without the consent or knowledge of the person(s), people(s) and/or individual(s), or otherwise against the Applicable Data Protection Law and Applicable Law User(s) agree to indemnify and hold harmless Owner against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any claims raised in regards to the same.
Each User(s) represents and warrants that no part of the Data infringes any Third-Party intellectual rights. User(s) further confirm and undertake to not display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights of any Third Party on Website/ Software Application, without their prior written permission. User(s) agree to indemnify and hold harmless Owner, its directors, employees, affiliates and assigns against all costs, damages, loss and harm including towards litigation costs and counsel fees, in respect of any Third Party claims that may be initiated including without limitation for infringement of intellectual property rights arising out of such display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on Website/ Software Application, by such User(s) or through the User's commissions or omissions or by anyone acting through/for/on behalf of Users.
If any Data needs to be utilised by the Owner for promotional/ marketing purposes, subject to consent of the User(s), the same shall be done in a manner that the Applicable Data Protection Law prescribes. The Owner shall however disclose Data if the same is as per directions of a court order, applicable laws and/ or as per governmental authority.
Save and except as mentioned herein-below, all contents, features and functionality text, displays, images, video and audio, and the design, selection and arrangement, information, content, material, trademarks, copyright, patent, services marks, trade names, and trade secrets including but not limited to the software, text, images, graphics, video, script and audio, contained in the Software Application and Website are proprietary property of the Owner (“Proprietary Information”). No Proprietary Information may be copied, downloaded, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any way without obtaining prior written permission from the Owner. You shall have the conditional and non-exclusive license to use the Software Application on which the information, content or materials resides on terms agreed under EULA; but the Owner shall at all times retain full and complete title to the information, content or materials and all intellectual property rights inserted by the Owner on such Website/ Software Application. The Owner reserves the sole authority to refuse the licensing of Software Application to any Person, without justification and at his sole discretion.
Your use of Our Website and/or Software Application is solely for Your personal and non-commercial use and you shall in no manner sell or solicit or in any manner offer the Software Application for commercial purposes, without prior written consent of the Owner. Any use of the Software Application and/or Website or their contents other than for personal and non-commercial purposes is prohibited, unless otherwise agreed between Parties. Your personal and non-commercial use of this Software Application and/or Website shall be subjected to the following restrictions:
• User(s) shall not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on Website/ Software Application or shall not decompile, reverse engineer, or disassemble the contents of the Software Application and / or our Website or shall not remove any copyright, trademark registration, or other proprietary notices from the contents of the Software Application and / or and / or our Website, either in whole or in part without express prior written consent and license from Owner.
• User(s) shall not (a) use this Software Application and / or our Websites for commercial purposes of any kind, without permission of the Owner, or (b) advertise or sell the Software Application or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind, without prior permission of the Owner, or (c) use the Application and / or Website in any way that is unlawful, or harms the Owner or any other person or entity as determined by the Owner.
• No User shall be permitted to perform any of the following prohibited activities while using our Website/ Software Application: Making available any content that is misleading, unlawful, harmful, threatening, abusive, tortious, defamatory, libellous, vulgar, obscene, child-pornographic, lewd, lascivious, profane, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; Stalking, intimidating and/or harassing another and/or inciting other to commit violence; Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice; Interfering with any other person's use or enjoyment of the Software Application/Website; Use any illustrations, presentations, video or audio or any graphics separately from the accompanying text of the Website. Delete, amend or in any manner alter any intellectual property right of the Owner, or other proprietary rights notices from copies of materials from the Website. Attempt to steal the software code/ source code of the Website. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else; Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content; Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity; Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Software Application/Website, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent; Access or use the Software Application/Website in any manner that could damage, disable, overburden or impair any of the Software Application's/Website's servers or the networks connected to any of the servers on which the Application/Website is hosted; Intentionally or unintentionally interfere with or disrupt the services or violate any applicable laws related to the access to or use of the Software Application/Website, violate any requirements, procedures, policies or regulations of networks connected to the Software Application/Website, or engage in any activity, whether directly or indirectly, which are prohibited by these Terms; Disrupt or interfere with the security of, or otherwise cause harm to, the Software Application/Website, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Software Application/Website; Interfere with, or inhibit any user from using and enjoying access to the Software Application, or engage in disruptive attacks such as denial of service attack on the Software Application/Website; Use deep-links, page-scrape, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to increase traffic to the Software Application/Website, to access, acquire, copy or monitor any portion of the Software Application /Website, or in any way reproduce or circumvent the navigational structure or presentation of the Software Application, or any content, to obtain or attempt to obtain any content, documents or information through any means not specifically made available through the Software Application/ Website; Use the Website/ Software Application for any other reason apart from the Purpose and for factors which are not permitted by: (i) these Terms; and (ii) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdiction; or Violate any of the terms specified under the EULA or Terms for the use of the Software Application /Website.
You agree that You are fully aware of the information that We collect from You. This information is collected only for Our records and to protect Our Website/ Software Application and You give your consent to collect and keep this information with Us and its usage by Owner for the purposes which are in accordance with the Applicable Data Protection Law.
Whenever You register on the Website and/ or express interest for license of the Software Application, We may need to collect certain personal information from you: • Full Name; • Name of School/ Institution/ Body/ Department; • Designation; • E-mail address(es); • Phone Number; • Address(es); • Date of birth; • Billing name and details; • Payment method
You may voluntarily terminate/ suspend the usage of Software Application subject to the terms and conditions as agreed in EULA. You may voluntarily stop accessing/ using this Website, at Your own discretion.
In addition to the terms mentioned under EULA, the Owner may terminate/ suspend User(s) access to Website/ Software Application, if:
The Data shared by the User(s) is stored on the remote server/ remote database/ cloud of the Owner, which is located in India, until the User(s) is accesses the Software Application and/or during the applicability of EULA. User(s) acknowledges that this practice can be modified/ changed/ amended as per Applicable Data Protection Law and Applicable Law and business requirements.
In case the User(s) desires to stop using the Software Application or terminate the EULA (as per applicable terms contained therein), the Owner shall immediately return, destroy or delete the Data and/ or personal information shared by the User(s), subject to mandatory provisions of Applicable Law and Applicable Data Protection Law and not otherwise. The User(s) shall be entitled to conduct an audit/ inspection with respect to the same, with a reasonable prior notice of atleast 90 days and during working hours on working days and subject to terms and conditions as agreed between the Parties and subject to mandatory provisions of Applicable Law and Applicable Data Protection Law and not otherwise.
Subject to Your compliance with the Terms, the Owner will grant You a revocable license to use the Software Application for the limited period of time and as per the terms and conditions at an agreed license fee and as detailed under EULA.
USER(S) HAVE ACCESSED THE SOFTWARE APPLICATION OR USED THE WEBSITE VOLUNTARILY AND AT THEIR RISK. OWNER SHALL, UNDER NO CIRCUMSTANCES BE HELD RESPONSIBLE OR LIABLE ON ACCOUNT OF ANY DIRECT, INDIRECT AND/ OR CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO ANY ACCIDENT, INJURY, DEATH, LOSS OF PROPERTY (TANGIBLE OR INTANGIBLE), LOSS OF REPUTATION ETC.) LOSS OR DAMAGE SUSTAINED BY USER(S) OR ANY THIRD PARTY OR ENTITY DURING THE COURSE OF ACCESS TO THE WEBSITE/ SOFTWARE APPLICATION. YOUR USAGE OF THE WEBSITE/ SOFTWARE APPLICATION IS ENTIRELY AT YOUR OWN RISK AND WE ARE NOT LIABLE WITH REGARDS TO THE SAME.
• The User(s) shall maintain appropriate technical and organisational measures to ensure the information collected for, stored, and submitted for processing through the Software Application is maintained in a safe and secure manner. • The User(s) shall ensure that their computers, computer systems and computer networks are free of any malware including but not restricted to viruses, trojans, malicious trackers, spyware and any malicious software, codes or processes. • The User(s) shall ensure their computers which are utilized to access, download and use the application shall be equipped at all times with all reasonable and adequate security measures including but not limited to anti-virus and firewalls. Owner shall have the right to specify and require the use of specific measures in the computers utilized to access, download and use the application that the User shall have to comply with, failing which Owner shall have the right to terminate the User’s access to the application. • Owner shall not be responsible for any Third Party actions that may compromise the application due.
In the preparation of the Software Application/Website and contents therein, every effort has been made to offer the most current, accurate correct, and clearly expressed information possible, however the same is not error/ defect free. The Owner is not responsible/ liable with respect to the effectively/ accuracy/ correctness of any results/ reports generated by the utilisation of the Software Application/ Website. In particular, but without limiting anything here, the Owner disclaims any responsibility for any errors and accuracy of the information that may be contained in the Website/ Software Application. The Owner disclaims all implied and/ or explicit warranties with regards to the Website/ Software Application. Any feedback from User(s) is most welcome to make the Software Application and contents thereof user friendly.
The Owner provides no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on Software Application for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
User(s) is aware that the Software Application is designed for individual(s), person(s) and people(s) who are at least 11 years of age.
The Owner may, based on any form of access to the Software Application (including free download/trials) or Website or registrations through any source whatsoever, contact the User(s) through SMS, email and call, to give information about its applications as well as notifications on various important updates and/or to seek permission for demonstration of the same. The User expressly grants such permission to contact him/her through telephone, SMS, e-mail and holds the Owner indemnified against any liabilities including financial penalties, damages, expenses in case the User's mobile number is registered with Do not Call (DNC) database. By registering Yourself, You agree to make Your contact details available to Owner’s employees, associates and partners so that You may be contacted for education information and promotions through telephone, SMS, email etc.
Upon registration through any means whatsoever, the Owner may contact You through the registered mobile number or e-mail or any other mobile number or contact number or email provided by You. Further, the Owner shall have the right to monitor the download and usage of the Software Application/Website and the contents thereof by the User, to analyse such usage and discuss the same with the User to enable effective and efficient usage.
Owner shall provide trial/ demonstration of the Software Application to the User(s) as per agreed terms with respect to locations and timings. While the Owner may, based on the User's confirmation, facilitate the demonstration of its Software Application at the location sought by the User, the User acknowledges that he/she has not been induced by any statements or representations of any person with respect to the quality or conditions of the Software Application and that User has relied solely on the investigations, examinations and inspections as the User has chosen to make and that the Owner has afforded the User the opportunity for full and complete investigations, examinations and inspections.
The Owner does not prescribe or in any manner endorse any educational institution/ college/ school/ government body using the Software Application/ Website. The Owner bears no direct or indirect liability arising educational institution/ college/ school/ government body including but not limited to the behaviour of staff, performance of students, syllabus, curriculum, board affiliations, feedbacks of students or otherwise.
Owner has made efforts to train the personnel engaged in the sales and services relating to its Software Application to enable quality control and maintenance. The Owner makes no warranties or representations whatsoever regarding the quality and competence of such personnel and shall not be responsible for any deviant behaviour of any such personnel. Any feedback from User relating to the same is most welcome and Owner reserves the right and discretion to take any action in this regard.
It is the User(s) responsibility to ensure that devices/tablets/instruments/hardware is compatible with the Software Application. The Owner shall have no responsibility for any loss or damage caused to tablet or any other hardware and / or software and/or instrument, including loss of data or effect on the processing speed, resulting from Your use of our Software Application.
We reserve the right to determine the criteria for provision of various elements of Software Application to the different categories of Users based on its policies. Hence, subscription to the Software Application or registrations do not automatically entitle the User(s) to any and all elements of Software Application provided by the Owner and the Owner shall be entitled to exercise its discretion while providing access to and determining continuity of certain elements. We reserve the right to extend, cancel, discontinue, prematurely withdraw or modify any of features of Software Application at Our discretion.
In the unlikely event of any dispute arising out of these Terms, whether as to its interpretation, implementation or otherwise, the Parties hereto shall in the first instance make sincere efforts to resolve it amicably, failing the settlement of which within a period of thirty (30) days thereof, such dispute shall be referred to arbitration consisting of one arbitrator mutually appointed by the Parties and the arbitration shall be conducted as per the Arbitration and Conciliation Act, 1996 or as amended from time to time. The arbitration shall be conducted as follows: • In the event of the Parties not being able to concur on the appointment of a sole arbitrator within ten (10) days of the occurrence of the dispute then each Party shall appoint one arbitrator and the two arbitrators shall appoint one arbitrator. • All proceedings in any such arbitration shall be conducted in English; • The seat/ venue of the arbitration proceedings shall be at Pune, Maharashtra; • The arbitration award shall be final and binding on the Parties, and the Parties agree to be bound thereby and to act accordingly. • The cost of arbitration shall be borne by You/User(s).
These Terms shall be construed in accordance with and be governed by the laws of India. Both the Parties irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of this policy, must be brought solely and exclusively in the courts of Pune, Maharashtra.
Any feedback You provide with respect to the Website and Software Application shall be deemed to be non-confidential. We shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of Third Parties; (ii) the Owner is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) the Software Application may have something similar to the feedback already under consideration or in development; (iv) You are not entitled to any compensation or reimbursement of any kind from the Software for the feedback under any circumstances, unless specified; and (v) The feedback can be used for marketing purposes.
If You need any clarifications or have any questions/issues/dispute or wish to Contact Us for any other matter regarding Our Terms & Conditions, please write an e-mail to Us at [email protected] or send Us a post/ courier at Inspiring Souls, 202 Cordia, Nyati Estate, Mohammad Wadi, Hadapsar, Pune- 411060. Maharashtra, India.