Terms of Use

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR PRODUCT/SERVICES (DEFINED BELOW) IS SUBJECT TO THE FOLLOWING TERMS.

Acceptance of Terms & Conditions

Welcome to Founding Years Learning Solutions Private Limited (hereinafter referred to as “Founding Years”, “KLAY”, “Licensor”, “we”, “us”, “our”, the “Company” and terms of similar meaning)

These terms and conditions outline the rules and regulations for the use of Founding Years Learning Solutions Private Limited ‘s Websites and Applications (defined below).

By accessing the Websites and Applications, we assume you accept these terms and conditions. Do not continue to use the Websites and Applications, if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: “Licensee”, “You” and “Your” refers to you, the person log on the Websites and Applications and compliant to the Company’s terms and conditions.

We are excited to have you as a user of website & App . This web site and the services provided by or through this web site  to you, including any content, functionality and services offered on or via these web sites and any successor web sites or/and related applications are subject to these terms and conditions of use.

Please read the terms and conditions (collectively, these “Terms of Service” or “Terms”) that govern the use of our website(s) www.klayschools.com , parenting.klayschools.com,  Mobile applications –KLAY Kommuntiy for iOS & Android, applications, any content, functionality and services offered on or via these web sites and mobile applications and any successor websites or related application (collectively referred to as the “Websites and Applications”).

If you have any questions, comments, or concerns regarding these terms or the Product, please contact us at info@klayschools.com. The Terms of Service also include our Privacy Policy.

We want to keep our relationship with you as lean and informal as possible, but please read the Terms of Service carefully before you start using any of our products and services, because by using the Websites and Applications you accept and agree to and be bound and abide by these Terms of Service.

KLAY Preschools and Daycare is all about capturing, sharing, and reliving life’s special moments and connecting parents and children everywhere, and we’ll be happy to hear your comments and suggestions.

Change in Terms & Conditions

We at Founding Years Learning Solutions Private Limited attempt continually to enhance our Products, Services and Websites and Applications to serve you better, hence, the Terms of Services may undergo changes to adaptany change, modification, removal or addition of Product, Services and Websites. We also reserve the right to update these Terms of Service from time to time, at our discretion and without notice.

This document and our Privacy Policy govern the use of Websites and Applications and you should abstain from the use of Products, Services and Websites and Applications immediately if you do not agree with any of the provisions set-out, or any changes that these Terms may undergo for the time being in force.

By using the Products, Services and Websites and Applications, you consent to the Terms of Services Provider hereunder.

User Guidelines

By using the Websites and Applications, you represent and warrant that:

All registration information that you submit is true and accurate and that you agree to maintain the accuracy and dependency of such information.

Your utilization of the Websites and Applications shall be subject to the accompanying confinements. You are expressly and emphatically restricted from all of the following:

1)    you may not alter any substance of the Websites and Applications,

2)    publishing any website material in any media

3)    selling, sublicensing and/or otherwise commercializing any Websites and Applications material

4)    publicly performing and/or showing any Websites and Applications material

5)    using the Websites and Applications in any way that is, or may be, damaging to the Websites and Applications

6)    using this Website in any way that impacts user access to the Websites and Applications

7)    using the Websites and Applications contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Websites and Applications, or to any person or business entity, as determined by us at our sole discretion.

8)    engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to the Websites and Applications, or while using the Websites and Applications

9)    using the Websites and Applications to engage in any advertising or marketing

10) any open show, portrayal, execution, deal, rental and evaluating of the Product; you may not decompile, figure out, or dismantle the substance; you may not expel any copyright, trademark, whether or not registered, or other restrictive notification from the Websites and Applications.

11) You won’t post, submit, transfer, disseminate, or generally transmit or make accessible any product or other PC records that contain an infection or other hurtful segment, or generally debilitate or harm the Websites and Applications and/or Product or any associated organize, or generally interfere with any individual or substance’s utilization or delight in the Websites and Applications and/or Product and Services.

12) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming”, “spamming”, “flooding”, “trolling” and “phishing” as those terms are commonly understood and used on the Internet.

Certain areas of the Websites and Applications are restricted from access by you and we may further restrict access by you to any areas of the Websites and Applications, at any time, in its sole and absolute discretion. Any user ID and password you may have for the Websites and Applications are confidential and you must maintain confidentiality of such information.

For purposes of these Terms of Service, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Websites and Applications. For the purposes of these Terms of Service, “Content” also includes all User Content (as defined below). With respect to User Content, by displaying it, you grant us a non-exclusive, worldwide, irrevocable, royalty-free, sub-licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

All Content added, created, uploaded, submitted, distributed, or posted to the Website or by the Websites and Applications by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Websites and Applications is at your own risk.

The Websites and Applications may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Website.

Any information or Content publicly posted or privately transmitted through the Websites and Applicationsis the sole responsibility of the person from whom such Content originated, and you access all such information and Content at your own risk, and we aren’t liable for any errors or omissions in that information or Content or for any damages or loss you might suffer in connection with it. We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Websites and Applications.

You are responsible for all Content you contribute, in any manner, to the Websites and Applications, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Websites and Applications.

Your interactions with organizations and/or individuals found on or through the Websites and Applications, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Websites and Applications or interact with the Websites and Applications in a manner that:

1)    Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

2)    Jeopardizes the security of your User account or anyone else’s;

3)    Attempts, in any manner, to obtain the password, account, or other security information from any other user or copy & store any significant portion of the content;

4)    Violates the security of any computer network, or cracks any passwords or security encryption codes. Or run any processes that run or are activated while you are not logged into the websites or application, or that otherwise interfere with the proper working of the Websites and Applications;

5)    “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Websites and Applications or Content (through use of manual or automated means);

6)    Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Websites and Applications.

A violation of any of the foregoing is grounds for termination of your right to use or access the Product.

Law & Copyright Infringement

Unless otherwise stated, the Company owns the intellectual property rights for all material like the information displayed in any form or available on or through the Websites and Applications, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions and so forth (all of the foregoing, the “Content”). All intellectual property rights are reserved.. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any content you access through the Websites and Applications, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content and the Company, or (ii) in a way that violates someone else’s (including the Company) rights. You understand that the Company owns the Websites and Applications. You shall not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Content and the Websites and Applications. The Websites and Applications may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply; they do.

Website Security and Privacy

Anything you post, upload, share, store, or otherwise provide through the Product/Website is your “User Submission”. Some User Submissions are viewable by other users. In order to display your User Submissions on the Websites and Applications, and to allow other users to view them (where applicable), you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

You retain all ownership rights in your User Submissions. For all User Submissions, you hereby grant us a license to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone as well as a computer) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Websites and Applications, as described in more detail below.

If you share a User Submission only in a manner that only certain specified users can view (for example, a private message to one or more other users) (a “Limited Audience User Submission”), then you grant us the licenses above, as well as a license to display, perform, and distribute your Limited Audience User Submission for the sole purpose of making that Limited Audience User Submission accessible to such other specified users, and providing the Websites and Applications necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Product/websites.

If you share a User Submission publicly on the Websites and Applications and/or in a manner that more than just you or certain specified users can view, or if you provide us (in a direct email or otherwise) with any feedback, suggestions, improvements, enhancements, and/or feature requests relating to the Product (each of the foregoing, a “Public User Submission”), then you grant us the licenses above, as well as a license to display, perform, and distribute your Public User Submission for the purpose of making that Public User Submission accessible to all our users and providing the Websites and Applications necessary to do so, as well as all other rights necessary to use and exercise all rights in that Public User Submission in connection with the Websites and Applications and/or otherwise in connection with the Company’s business, provided that the Company will try to notify you if it uses your Public User Submission for any reason other than displaying it on the Websites and Applications. Also, you grant all other users of the Websites and Applications a license to access that Public User Submission, and to use and exercise all rights in it, as permitted by the functionality of the Websites and Applications.

You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide. When you delete your user account, we will stop displaying your User Submissions (other than Public User Submissions, which may remain fully available) to other users (if applicable), but you understand and agree that it may not be possible to completely delete that content from the Company’s records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

Finally, you understand and agree that the Company, in performing the required technical steps to provide the Websites and Applications to our users (including you), may need to make changes to your User Submissions to conform and adapt those User submissions to the technical requirements of connection networks, devices, Product, or media, and the foregoing licenses include the rights to do so.

What if I want to stop using Websites and Applications?

In case you want to stop using Websites and Applications, you’re free to do that at any time, please refer to our privacy policy, as well as the licenses above, to understand how we treat information you provide to us after you have stopped using our Product.

If you have signed up for an annual contract with us, any fees already paid are non-refundable.
The Company is also free to terminate (or suspend access to) your use of the Websites and Applications or your account, for any reason in our discretion, including your breach of these Terms. The Company has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.

Account termination may result in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security, or otherwise harmful to the rights or property of the Company.

If you have deleted your account by mistake, contact us immediately at info@klayschools.com – we will try to help, but unfortunately, we can’t promise that we can recover or restore anything.

Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership of intellectual property rights, and terms regarding disputes between us.

OTHER TERMS & CONDITIONS

Indemnification

You agree to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable lawyer fees and costs) arising from your access to or use of Websites and Applications, violation of these Terms of Use, or infringement, or infringement by any other user of his/her/its account, of any intellectual property or other right of any person or entity.

Limitation of Liability

In no event, shall the Company, or any of its directors, officers, employees, agents or content or service providers (collectively, the “Protected Entities”) be liable for any direct, indirect, special, incidental, consequential, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use the Websites and Applications or the content, materials and functions related thereto, the product and services, user’s provision of information via the Website, lost business, even if such Protected Entity has been advised of the possibility of such damages.

In no event shall the total aggregate liability of the Protected Entities to a user for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these Terms of Use or a user’s use of the Website/App or the Product exceed the total price actually paid by such user for booking/reserving an Accommodation through the Websites and Applications.

Intellectual Property Rights

All rights to the Websites and Applications, its Contents and Documentation provided therewith, including title, ownership rights and Intellectual Property Rights therein shall remain the sole and exclusive property of the Licensor. You shall not own any Intellectual Property Rights with respect to the Product, customization, training material and accompanying Documentation, including Licensor’s confidential information under this Agreement. You shall own all Intellectual Property Rights with respect to data and other relevant information provided by you.

Notwithstanding anything contained in this Agreement or otherwise, nothing in this Agreement shall be construed as a transfer in the Intellectual Property Rights of the Licensor to you.

You shall not use the Intellectual Property Rights of the Licensor without the prior written consent of the Licensor. Contravention of this provision shall be construed as a material breach of this Terms of Service.

Disclaimer of Warranties

You hereby expressly agrees and acknowledges that, except as provided in this Agreement, the Websites and Applications is provided “as is” and “as available” without any representations, conditions, warranties or covenants whatsoever with respect to the Websites and Applications, including without limitation, any express, statutory or implied representations, warranties or conditions of merchantability, merchantable quality, satisfactory quality or fitness for a particular purpose, or arising otherwise in law or from a course of dealing or usage of trade, all of which are expressly disclaimed and excluded. The Licensor does not warrant that the Websites and Applications and its Content shall be error free or will perform in an uninterrupted manner.

Governing Law and Jurisdiction

This Terms of Services shall be governed by and construed under the laws of India. Any dispute arising out of or in relation to this Agreement shall be submitted to the sole jurisdiction of the courts of law at Bengaluru, India.

Force Majeure

Without limiting the foregoing, under no circumstances shall Licensor be held liable for any damage or loss due to deficiency in performance of the Websites and Applications resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, power failures, internet outage, or any other government regulations, floods, storms, electrical failure, civil disturbances, riots, etc.

Assignment

The Company is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

Severability

If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.

Variation of Terms The Company is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.

Third Party Links

The Websites and Applications may contain links belonging to third parties and the user acknowledges that the Company does not endorse any of these third party links or the  goods or services provided by way of these links. the Company will not be liable for the nature of the content provided on any of these third party links or the privacy practices followed by these third parties. The Company does not provide any warranty with regard to the materials posted on such third party websites or the Product offered by them and disclaims all responsibility for the quality of the Product offered by any of these linked sites.

Third Party Control

The flow of data over the internet depends in large part on the performance of connections and Product provided by third parties. Failure of such third parties to perform their Product correctly can disrupt internet sessions, thereby interrupting the Websites and Applications. The Company cannot guarantee such events will not occur, and disclaims any and all liability, claims or losses resulting from or relating to such events.

Confidentiality

The Licensor shall keep all information including documentation, methods, processes, data of the Users shared with the Licensor as Proprietary to you and treat the same as confidential and shall not disclose such information to any third party, except, disclosure pertinent to government and / or regulatory authorities, as required by law.

Ongoing, Graduated and Archived Data

All the Data is stored on the cloud (AWS by Amazon and Firebase by Google) and is governed by the policies of the cloud provider.

Graduation and Archival Data Store is a complimentary feature offered by the Licensor currently and can be made a premium/paid feature in future to bear the costs of maintaining the same on the cloud storage.

Data deletion by the Licensee or its authorized users is permanent in nature and it can’t be restored.

Product Enhancement and White Labelling

In the event that the Licensor launches new updates in the App store / Play store i.e., new features on top of existing system, Licensee may subscribe to such upgrades at an additional fee as intimated by the Licensor from time to time.

White labelling of only app for parents can be done and it will differ from the ‘KLAY for Parents’ app only in terms of the Splash screen, App Primary Colour and Login Screen.

Wherever Licensor agreed to white-label the app for parents, it is subject to approval by the Play store / App store either during a new release or subsequent upgrade version release.

Licensor is not liable to refund any cost incurred and collected from the Licensee for white labelling and also can’t not be held responsible in that eventuality.

Any customization of features by the Licensor for a Licensee is chargeable and is decided by the Licensor and agreed by the Licensee.

Third Party Integrations

CCTV Access – While KLAY gives Schools an option to share the CCTV live links with the parents, KLAY is in no measure responsible for the working, quality and correctness of the same. Schools have to ensure that they are sharing the correct links after thorough testing and verification

Grievance Redressal

If you believe that your rights have been violated by any Product or have any other grievance due to use of the Websites and Applications, contact us at info@klayschools.com to redress the same.

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