Terms and Conditions
Invent Ivy Technologies
("us", "we", or "our") operates School Unique
(http://schoolunique.com) and dependent websites,
which is a Cloud based School Management Software
(offered through both Web & Mobile platform) used by various Schools to keep in touch with registered Student Parents of the School.
This page states the Terms and Conditions under which you (School & it's Staff, Student, Parent or Visitor)
may use School Unique
. Please read this page carefully. If you do not accept the Terms and Conditions stated here, we would request you to exit this site. The business, any of its business divisions and / or its subsidiaries, associate companies or subsidiaries to subsidiaries or such other investment companies (in India or abroad) reserve their respective rights to revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to re-appraise yourself of the Terms and Conditions, because they are binding on all users of School Unique
Effective date: May 06, 2016
Invent Ivy Technologies (Licensor) retains the ownership of and reserve all rights in the Software. No proprietary rights are assigned or transferred under EULA. You may not copy, reproduce, modify, alter, adapt, translate, decompile or reverse engineer the Software except as permitted by law or EULA.
It means we are giving you a license to use the Software, but we still own it. You can only use the Software as permitted under EULA.
School (Licensee) recognizes that the Software is the proprietary and confidential property of Licensor. Accordingly, Licensee shall not, without the prior express written consent of Licensor, during the term of this Agreement and for additional years thereafter, disclose or reveal to any third party or utilize for its own benefit other than pursuant to this Agreement, any Software provided by Licensor concerning Products, provided that such information was not previously known to Licensee or to the general public. Licensee further agrees to take all reasonable precautions to preserve the confidentiality of Licensor's Software and shall assume responsibility that its employees and assignees will similarly preserve this information against third parties. The provisions of this clause shall survive termination of this Agreement. Licensee shall take no steps in attempting to reverse engineer the Software.
At the same time Licensor agrees and shall not disclose the confidential information of Licensee like email and mobile numbers with any third parties.
Licensor warrants that the Software will perform in accordance with the specifications provided by Licensor to Licensee.
In the event of a claim by Licensee under this warranty, Licensor shall have the option to either repair or replace the Software. In the event that Licensor fails to repair or replace the Software within a reasonable period, Licensee's sole recourse shall be to terminate the Agreement and Licensor's sole obligation shall be to return any amount actually paid by Licensee. In no event shall Licensor be liable for any lost revenue, profit or data, or for special, indirect, incidental, consequential, or punitive damages as a result of its compatibility, performance or breach of this Agreement.
We may release updates, patches, or new versions of the Software from time to time. Any improvements or modifications made by Licensor to the Software shall be promptly provided to Licensee and shall be automatically included in this Agreement.
You agree to indemnify and hold Invent Ivy Technologies, its parents, subsidiaries, affiliates, officers, agents, employees,
and partners harmless from and against any and all claims,
liabilities, settlements, damages (actual and consequential), losses and expenses (including legel fees) arising from any claim or
demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement,
or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Limitation of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL INVENTIVY OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS,
OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT
UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
(I) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $10 OR THE FEES PAID BY YOU TO INVENTIVY HEREUNDER DURING THE 12-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM;
(II) FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
(III) FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
(IV) FOR ANY MATTER BEYOND INVENTIVY'S REASONABLE CONTROL.
Either party may terminate this Agreement on 30 days' written notice to the other party in the event of a breach of any provision of this Agreement by the other party, provided that, during the 30-day period, the breaching party fails to cure such breach.
Licensee shall have the right to terminate this Agreement at any time on one months' written notice to Licensor for any reason.
Post Termination Rights
Upon the expiration or termination of this Agreement, all rights granted to Licensee under this Agreement shall forthwith terminate and immediately revert to Licensor and Licensee shall discontinue all use of the Software and the like.
Upon expiration or termination of this Agreement, Licensor may require that Licensee transmit to Licensor, at no cost, all material relating to the Software, provided, however, that Licensee shall be permitted to retain a full copy of all material subject to the confidentiality provisions of this agreement.
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder.
Invent Ivy Technologies will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Invent Ivy Technologies's
reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference).
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary
so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable
by you except with Invent Ivy Technologies's prior written consent. Invent Ivy Technologies may transfer, assign or delegate this Agreement and
its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding
of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement,
and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions
of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created
as a result of this Agreement and you do not have any authority of any kind to bind Invent Ivy Technologies in any way whatsoever.
If you have any questions about these Terms and Conditions, please contact us.