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Terms of Service - Service Providers

These terms of service (Terms) govern your use of the community portal (Community Portal), an applications hosting platform owned and operated by EkStep Foundation (the Foundation), a not-for-profit company registered under the Indian Companies Act 2013, having its office at no 85, 7th Cross, Koramangala 4th Block, Bangalore 560034.  The Community Portal connects the parents, guardians, teachers and educators of children using the Genie (defined below) in order to assess their progress. It also connects third party content providers (Creators) to the Community Portal and allows them to add their interactive content to the Community Portal.  

The terms "user", "you", "your" hereinafter refer to either the parent, guardian, teacher or educator of the child registering, downloading, installing, accessing and using the Community Portal. The terms "we", "us", "our" refer to the Foundation.

Before proceeding to use the Community Portal, please read these Terms carefully and select the "I Accept" option provided below. If you do not agree to these Terms, you will not be able to access or use the Community Portal. By selecting the "I Accept" option, you signify your acceptance of the Terms (as amended from time to time), and agree to be bound by them for as long as you are using or accessing the Community Portal.. 

These Terms may be amended by the Foundation from time to time. You will receive a notification upon the Terms being revised. In order to continue using the Community Portal you will be required to accept the revised Terms.

  1. ACCESS AND USE  
    The EkStep educational platform comprises  (i) a mobile platform that hosts interactive content such as applications and games for use by children for educational purposes (the Genie), (ii) and the Community Portal. Users shall have access to the Community Portal for the purpose of viewing the dashboard in which the progress and growth of children whom the user has authorized to use the Genie is displayed 

    You will need to register with us to access and use the Community Portal. Registration must be completed by the parents, guardians, teachers or educators of the child who will be accessing and using the platform. We reserve the right to refuse or terminate registration if it is brought to our notice that you are below 18 years of age.

    It is possible that your access and use of the content on the Community Portal, may be disrupted due to technical or operational difficulties and with no prior notice of downtime. The Foundation makes no guarantee as to the continuous uptime and availability or quality of the Community Portal or the quality of the content on the Community Portal.

  2. INTELLECTUAL PROPERTY RIGHTS
    "Intellectual Property" shall singly or collectively mean to include, as the case may be, all patents, copyrights, trademarks, trade names, service marks, service names, designs and any other proprietary information or other similar right arising or enforceable under Indian law. 

    The Community Portal contains copyrighted material, trademarks and other intellectual property owned by the Foundation or the Creators. You agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such intellectual property. Access to or use of the Community Portal does not confer upon anyone any license to the Foundation's or any Creator’s Intellectual Property Rights. You agree that you will not use the Community Portal to scrape or attempt to scrape any content available on EkStep. 

  3. OBLIGATIONS OF THE USER
    (a) You access the Community Portal to access content on the EkStep platform

    (b) You must access the Community Portal only to access data, analytics for learning as published and displayed on the Community Portal.

    (c) You must access the Community Portal for information relating to the progress of the child or children authorized by you to use the Genie.

    (d) You will be responsible and liable for all activity in relation to the registered account, including any activity by children authorized to use the Genie or supervised by you.

  4. PRIVACY POLICY 
    Personal information collected by the Foundation for the purpose of registration onto the Community Portal is subject to our privacy policy, which is available at [insert link/hyperlink here]. In addition to this, Creators may collect personal information as well as any sensitive personal data or information from you for the purpose of accessing and using their content on the Community Portal. The Foundation is not responsible for any such information that you provide to any Creator or any failure on their part in compliance with applicable data protection laws.

  5. LIMITED LIABILITY
    The Foundation operates the Community Portal and the Genie as an intermediary. We do not guarantee the accuracy of any of the content made available on the Community Portal. You are responsible for all activities and transmissions through the registered account used by you. You are solely responsible for maintaining the security and confidentiality of the username and password required to access the Community Portal. You must immediately notify the Foundation of any unauthorized use of your username or password or any other breach of security. The Foundation will not be liable for any loss or damage arising from your failure to comply with this provision. We shall not be held responsible for any offensive or unlawful content posted, transmitted, sent or communicated through the Community Portal.

  6. DISCLAIMER
    THE FOUNDATION PROVIDES THE COMMUNITY PORTAL ON AN "AS IS" BASIS AND GRANTS NO WARRANTIES OF ANY KIND WITH RESPECT TO THE COMMUNITY PORTAL. THE FOUNDATION SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ACCESS AND USE OF THE COMMUNITY PORTAL (INCLUDING ANY CONTENT OR INFORMATION AVAILABLE ON THE COMMUNITY PORTAL) IS ENTIRELY AT YOUR OWN RISK. ALL CONTENT ON THE COMMUNITY PORTAL MADE AVAILABLE BY THE FOUNDATION ARE FOR USE BY CHILDREN FOR EDUCATIONAL PURPOSES ONLY.

  7. INDEMNITY
    You hereby agree to keep and hold the Foundation, its directors, officers, employees and agents, fully indemnified and harmless from and against all claims, proceedings, penalties, damages, losses, actions, costs and expenses arising out of or in relation to the Community Portal provided to you, your breach of these Terms, violation of any law, rules or regulations.

  8. TERMINATION
    Any violation or breach of the Terms may lead to automatic suspension or termination of your account or access to the Community Portal, for any reason whatsoever, including while investigating complaints or alleged violation of these Terms, or for use or attempt to use the Community Portal for any purpose other than to provide educational and learning content for children.

  9. GOVERNING LAW AND DISPUTE RESOLUTION
    These Terms shall be governed by the laws of India and any disputes or proceedings arising hereunder shall be subject to the jurisdiction of the courts in Bangalore.