Terms of Use

Please Read the Following "Terms of Use" Carefully.

IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREES TO IT FOR YOU. IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS, YOU DON’T HAVE PERMISSION TO USE THIS WEBSITE/APP. PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY FROST LIFE SOLUTIONS PRIVATE LIMITED IN COLLABORATION OF INITBIT (TECHNOLOGY PARTNER) BY ACCESSING, VIEWING, VISITING, USING, OR INTERACTING ON THIS PLATFORM OF FROST LIFE SOLUTIONS OR WITH ANY BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU ACCEPT AND WILL BE BOUND BY THIS AGREEMENT. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES.

Definitions

"Frost Life Solutions" "we" "us" or "our" shall mean, Frost Life Solutions Private Limited, a company registered under Companies Act 1956, having its registered address at M/S Frost Life Solutions Private Limited, 762, Sector 29, Faridabad, Haryana 121008 India.

"Users", "You", “Your” shall mean and include the director, schools, its staff, admin, teachers, students, children and parents, who accesses the CLAN.SCHOOL Platform for availing the Services.

"Platform", "CLAN.SCHOOL Platform" means and includes CLAN.SCHOOL Website and CLAN.SCHOOL Mobile App developed and designed by INITBIT and owned by Frost Life Solutions, to enable the Users to avail the Services through the Platform.

"Services" shall mean Services offered through the Platform, to the Users, which shall include

  1. Attendance, Examination, Homework, Class, Events, Notices, Performance, Security, Hostel, Clerk, Library, Transport, Inbox, Discussion(s), Approve/Reject, Canteen/Mess and/or any other modules under “CLAN.SCHOOL”.
  2. Enabling the communication between one to one and/or one to many and/or many to many members/member’s within a school.
  3. Sending student/child specific alerts and/or notify and/or update users with user’s centric interest.
  4. To share resources in the form of pictures, messages, circulars, notifications, alerts and/or documents for the good of students and/or child.

"School" shall mean and include all the schools registered on the Platform.

"Online Stores" means Android and iOS stores or any other online store or portal where the App would be available for download

Parties to this agreement

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Users," are parties to this agreement. If User is accessing and/or using the Platform on behalf of User’s employer or as a consultant or agent of a third party (collectively your company, school), User represent and warrant that User has the authority to act on behalf of and bind his company, School to the terms of use and everywhere in this Terms of use that refers to User, shall also include User’s company, school.

Frost Life Solutions together with its subsidiaries are the creator of this Platform and accordingly its owner and/or operators are parties to this Agreement.

Modification of terms of use

Frost Life Solutions wants to continually improve the Platform experience for the Users, so Frost Life Solutions’s terms may change from time to time. Frost Life Solutions reserves the right to modify any provision hereof from time to time, and such modification shall be effective immediately upon its posting on the Platform. User agrees to be bound to any changes to this "terms of use" if User s continues to use this Platform after any such modification is posted. Users of the Platform have an affirmative duty, to keep themselves informed of changes.

Frost Life Solutions Privacy Policy

By using our Services User provide us with information, files, and folders that User submits to Platform (together, "your files"). User retains full ownership of the files. Frost Life Solutions do not claim any ownership on any of it. These Terms do not grant us any rights to User’s files or intellectual property except for the limited rights that are needed to render the Services, as explained herein.

We may need User’s permission to do things the User asks us to do with User’s files, for example, hosting files, sharing them at User’s discretion or sending reminders. User gives us the permissions we need to do those things solely to provide the Services. This permission also extends to trust third parties we work with to provide the Services.

User shall be solely responsible for the User’s conduct, the content of User files and folders, and User’s communications with others while using the Services. The Personal Information of the User or "your files" shall be subject to the Privacy Policy applicable to the Platform.

The privacy policy explains how Frost Life Solutions treats your personal/confidential information, and protects your privacy when you visit and/or use the Platform. You agree to the use of Your data in accordance with these Terms of use and Frost Life Solutions’s privacy policy.

Scope of Services

The Platform is a free to use Platform which helps to facilitate communication and provide various services to the school, their teachers/staff, parents and students/children. Schools may use the Platform for respective services in the benefit of education ecosystem. The Platform helps users to have benefit with any module/modules of “CLAN.SCHOOL” on their smartphones.

Please consider carefully what you choose to share or make public of any information on “CLAN.SCHOOL”, Frost Life Solutions has no responsibility for any such activity. Frost Life Solutions shall not assume and shall not be liable for any and all claims which may arise do to sharing of such information. You shall be solely responsible for sharing your information, data and/or file.

Registration

As a condition to using Services, you must register on the Platform by choosing the role of the User associated to you, provide information and thereafter select a password and user name ("User ID"). You will provide Frost Life Solutions with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Frost Life Solutions reserves the right to refuse registration of or cancel a User ID in its discretion. You will be responsible for maintaining the confidentiality of your password.

User content

User represent, warrant, and agree that no content/details shared by the User on the Platform ("User Content"), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libellous, defamatory, or otherwise unlawful material.

User grants Frost Life Solutions a personal, limited, revocable, non-transferable and nonexclusive right to use the User Content, for the providing the Services. User also grants Frost Life Solutions the right (i) to display User Content on the Platform (ii) promote or distribute it for the access of other Users.

User agrees that any content provided as a result of any communication between User and Frost Life Solutions, shall be deemed to be a submission. All content of the submission, shall become the exclusive property of Frost Life Solutions and may be used, without further permission,

Users further agree not to use the Platform, or any part thereof,

  1. To "stalk" or harm any other Users or any other person in any way;
  2. Impersonate any person or entity, including, but not limited to, Frost Life Solutions officer, director, or representative, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
  3. Falsify headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;
  4. Disrupt the normal flow of dialogue in a discussion forum or inbox;
  5. Interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
  6. "Hack" infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Platform;
  7. Harvest, collect or store information about the other Users or the User Content posted by others on the Platform or use such information for any purpose inconsistent with the purpose of this Platform;
  8. Use any automated procedure to gather information or data on or from the Platform by means of what is commonly called a "bot" or otherwise;
  9. User will not violate any local, state, federal, national, rules or regulations.
  10. Breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Platform or that of any third party that is hosting or interfacing with any part of the Platform or use or distribute on the Platform software or other tools or devices designed to compromise privacy or security; or
  11. Create any frames at any other Platform pertaining to or using any of the information provided through the Platform, or promotes bonus items, giveaways, random drawings, contests or prizes on the Platform.

Fees and payment; Responsibility for usage charges

Access to and use of the Services and the features therein are chargeable, however in future, Frost Life Solutions may revamp and enhance the Services or features and thereby may provide new or additional special features which Frost Life Solutions may or may not charge for. Therefore, in future Frost Life Solutions reserves the right to require payment of fees from requisite Users for certain additional Services, User will pay all applicable fees for those Services, as will be described on the Services as notice. If User continues to use those Services following such notification, that use constitutes User’s acceptance of any new or increased charges.

Note that, by using the Services, User may receive e-mail or text messages on the phone or mobile device, which may cause the User to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are User’s sole responsibility. User shall consult with his wireless carrier to determine what rates, charges, fees, or costs may apply to User’s use of the Services. Frost Life Solutions is not liable for such charges in any manner whatsoever.

Features of Platform

An endless and ever evolving variety of modules to help school, its staff, parents and children which includes attendance, examination, discussion, inbox, events, circulars and much more with limitless functionalities.

The End Users can communicate amongst each other. The End Users agree and undertake not to post any message, image or notification which would hurt the sentiments or feelings of other End Users s. The End Users agree that they shall not post any wrong or misleading messages, image or notification on the groups. Users also agree and understand that, Frost Life Solutions do not have any control over the interactions, messages, information, image or notifications that the User receives through the service, neither Frost Life Solutions verify the genuineness or reliability of any content shared.

Copyright and Trademark Notice

Frost Life Solutions logo and other trademarks of Frost Life Solutions including unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. User agrees that User will not use contents of the Platform to infringe the Intellectual Property Rights of Frost Life Solutions in any way. User must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Frost Life Solutions Software, third party software, or any Content accessed on the Platform. All contents of the Platform are: Copyright 2017 Frost Life Solutions Pvt. Ltd. and/or its subsidiaries. All rights reserved.

Content Available

User acknowledge that Frost Life Solutions does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, audio files or other sounds, photographs, videos, or other images (collectively, the "Content") which User may have access to as part of the Services, or through User’s use of this Platform. Under no circumstances, Frost Life Solutions shall be held for liable any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform. User understand that by using this Platform, User may be exposed to Content that is offensive, indecent, or objectionable. User agrees that User shall be solely responsible for reuse of Content made available through the Platform.

Licence and Rules of Conduct

Subject to terms and conditions of this Agreement, Frost Life Solutions hereby grant User a non- exclusive, non-assignable, non-transferable and limited license to use the Platform and the Services, in accordance with this Agreement, only.

Users use of the Services is subject to all applicable local, state, national laws and regulations and the rules. Users agree not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Services and further agree not to use the Services as part of any another application, upload of any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code, track or monitor the other users, do anything that puts an enormous/ unreasonable load on our servers, copy or create derivative work.

Social media

Frost Life Solutions may in the future, incorporate certain functions that allow you to use the Services through your accounts on certain supported third party services, such as social network platforms etc. If you choose to use such features, you understand and agree that Frost Life Solutions may be required to access or use your Linked Account, You grant Frost Life Solutions the necessary rights as may be required. Your use of Linked Accounts shall always be subject to the rules and regulations or terms of services applicable to such social network platform.

Indemnity

User agrees to hold harmless and indemnify Frost Life Solutions, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, without limitation, from and against any claims arising from or in any way related to the use of Frost Life Solutions by the Users, uploading User information, violation of any third Party rights pertaining to any intellectual property rights or confidential information, violation of these Terms of Use or any other actions connected with use of Frost Life Solutions Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Frost Life Solutions will provide the User with written notice of such claim, suit or action. The Users waive all rights to claim damages that may have caused to them by visiting and/or using this Platform.

Disclaimer

PERTAINING TO THE CONTENTS OF THIS PLATFORM, FROST LIFE SOLUTIONS MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO ITS ACCURACY, ADEQUACY, SUFFICIENCY, OR FREEDOM FROM DEFECT OF ANY KIND. USERS ASSUME ALL THE RISK OF VIEWING, READING, USING, OR RELYING UPON THIS INFORMATION. UNLESS THE USER HAVE OTHERWISE FORMED AN EXPRESS CONTRACT TO THE CONTRARY WITH FROST LIFE SOLUTIONS, USER HAS NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. FROST LIFE SOLUTIONS MAKES NO SUCH WARRANTY. USER DOWNLOADS INFORMATION FROM THIS SITE AT THEIR OWN RISK. FROST LIFE SOLUTIONS MAKES NO WARRANTY THAT DOWNLOADS ARE FREE OF CORRUPTING COMPUTER CODES, INCLUDING, BUT NOT LIMITED TO, VIRUSES AND WORMS. ANY MATERIAL UPLOADED OR OTHERWISE DEMONSTRATED THROUGH THE PLATFORM IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS ARISING OUT OF UPLOADING ANY SUCH MATERIAL. FROST LIFE SOLUTIONS HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO THE USER. USER ACKNOWLEDGES THAT FROST LIFE SOLUTIONS HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING WHICH USERS GAINS ACCESS TO THE SERVICES; WHAT CONTENT USER ACCESSES VIA THE SERVICES; WHAT EFFECTS THE CONTENT MAY HAVE ON THE USER; HOW USER MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS USER MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. USER RELEASE FROST LIFE SOLUTIONS FROM ALL LIABILITY FOR USER HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. FROST LIFE SOLUTIONS RESERVES THE RIGHT, AND SHALL HAVE NO OBLIGATION, TO INSPECT, INVESTIGATE, OR EXAMINE, USER’S USE OF THE SERVICES IN ORDER TO DETERMINE WHETHER A VIOLATION OF AGREEMENT HAS OCCURRED OR TO COMPLY WITH ANY APPLICABLE LAW, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST.

USER AGREES AND UNDERSTANDS THAT, IN THE EVENT OF DISPUTE WITH ONE OR MORE USERS, FROST LIFE SOLUTIONS SHALL NOT BE HELD LIABLE FOR ANY CLAIMS, DAMAGES, DEMANDS (ACTUAL AND CONSEQENTIAL) ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING DAMAGES FOR LOSS OF PROFITS GOODWILL, PRIVACY OR DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. NOTHING IN THE TERMS OF USE SHOULD BE CONSTRUED TO CONFER ANY RIGHTS TO THIRD PARTY BENEFICIARIES.

THE PLATFORM IS A PRODUCT OF PROVIDING A LINK FOR COMMUNICATION BETWEEN SCHOOL, THEIR TEACHERS/STAFFS, STUDENTS/CHILDERN AND PARENTS. FROST LIFE SOLUTIONS DOES NOT GUARANTEE APTNESS, SUITABILITY, QUALITY, SUCCESS REGARDING ANY INFORMATION, DATA AND/OR FILE SHARED THROUGH THIS PLATFORM. IT IS AGREED AND UNDERSTOOD BY THE USERS THAT, THE PLATFROM DOES NOT HAVE CONTROL OVER THE COMMUNICATIONS, INFORMATION OR FILE ETC. PROVIDED THROUGH THE PLATFORM, AND FROST LIFE SOLUTIONS SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTS, FAILURES ON THE PLATFORM.

USERS AGREE AND UNDERSTAND THAT THEY SHALL NOT COMMUNICATE, POST, NOTIFY OR MAKE ADVICE REGARDING ANY INFORMATION WHICH IS FALSE, MALAFIDE WHICH MAY MISGUIDE THE OTHER USERS OR WHICH MAY RESULT INTO AFFCETING THE ACADEMIC PROGRESS OF THE STUDENTS. THE USERS SHALL NOT USE THE PLATFORM OR UPLOAD ANY CONTENTS WHICH HURT THE EMOTIONS OR SENTIMENTS OF OTHER USERS.

YOU UNDERSTAND AND ACKNOWLEDGE THAT THE SCHOOLS TEACHERS AND THE SERVICE PROVIDERS LISTED ON THE PLATFORM ARE NOT OUR AFFILIATES AND ARE INDEPENDENT ENTITIES, PROVIDING YOU THE SERVICES WHICH ARE AS PER YOUR REQUIREMENTS. WE ESPECIALLY DISCLAIM ANY OBLIGATIONS, LIABILITIES OR RESPONSIBILITIES AND SHALL NOT ACCEPT ANY RESPONSIBILITY FOR ANY INTERACTION BETWEEN YOU AND THE RELEVANT THIRD PARTY AND IS RELEASED FROM ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH INTERACTION. FROST LIFE SOLUTIONS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER MEMBERS AND/OR THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES

Limitation of Liability

USER UNDERSTAND AND AGREE THAT FROST LIFE SOLUTIONS SHALL NOT BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FROST LIFE SOLUTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE , ITS SERVICE; (ii) PROCUREMENT OF GOODS AND SERVICES, INFORMATION OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM AND/OR ITS SERVICE; (iii) ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM AND/OR SERVICE.

Refund Policy

Fees once paid through the payment gateway shall not be refunded other than in the following circumstances: Multiple debits from the End Users’ Card/Bank Account or End User's account being debited with excess amount in a single transaction due to system or technical error. It is clarified that if fees the transferred to Educational Institutes account, then the refunds shall be subject to the approval of the Educational Institutes. Frost Life Solutions and/or the Educational Institutes, shall, only in these cases, refund the excess amount excluding the payment gateway charges, including but not limited to TDR, service tax and convenience fees to be paid to the payment gateways, to the End User. The End Users understands that no refund shall be processed after a period of 180 days from the date of completion of the transaction for which they are seeking refund. The End User will have to make an application for refund along with the transaction number generated at the time of making payments. The application will be processed after verification, if the claim is found valid, the appropriate amount will be refunded by the Frost Life Solutions, through electronic mode in favour of the End User.

Chargebacks

The Educational Institutions hereby agree that all refunds and chargebacks shall be their sole responsibility and Frost Life Solutions shall not be liable for any claims or disputes which may arise in connection with such refunds or chargebacks. The Educational Institutions agrees to indemnify Frost Life Solutions in respect of any claims, disputes, penalties, costs and expenses arising directly or indirectly in relation to refunds or chargebacks for all transactions initiated and instructed through Website.

Termination

This Agreement will remain in full force and effect while the user use the Services. User may terminate User’s use of the Services or User’s account at any time by contacting us at info@clan.school Frost Life Solutions may suspend or terminate User’s access to the Services, Platform or User’s account at any time, for any reason (without cause or for User’s violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with User’s membership. Upon termination of User’s account, User’s right to use the Services, access the Platform, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

General information

Entire Agreement: The Terms of Use and the Privacy policy referenced herein constitute the entire agreement between the User and Frost Life Solutions and govern User’s visit and/or use of the Platform and the services, superseding any prior agreements or any other agreements, terms and conditions between User and Frost Life Solutions. User may be subject to additional terms and conditions that may apply when the User use or purchase certain other Frost Life Solutions services, affiliate services, third-party content or third-party software.

Choice of Law and Forum: The Terms of Use and the relationship between User and Frost Life Solutions shall be governed by the laws of India without regard to its conflict of law and provisions. Any cause of action or claim User may have with respect to the Services or the Platform must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action shall be deemed to be barred. Users of the Platform agrees to use binding arbitration for any claim, dispute, or controversy ("CLAIM") of any kind (whether in contract, tort or otherwise) arising out of or relating to the Platform, its terms of use and privacy policy. Arbitration shall be conducted pursuant to the rules and regulations of Indian Arbitration and conciliation Act 1996. Arbitration shall take place in English language and the seat of arbitration shall be at Delhi, India. The users to the Platform hereby agree and submit themselves to the Arbitration and to the jurisdiction of the courts of Delhi India for enforcing the arbitration award. Pursuant to the acceptance of arbitration, in no case shall the user, viewer, visitor, member, subscriber or customer have the right to go to the court and such rights are hereby waived by the users.

Waiver and Severability of Terms: If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Any rights not expressly granted herein are reserved.

Assignment: User may not assign any of User’s rights in these Terms, and any such attempt is void, but Frost Life Solutions may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

Force Majeure: Without limiting the foregoing, under no circumstances shall Frost Life Solutions be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labour, fluctuations in heat, light, fire or air.

No agency relationship: User agree that no joint venture, partnership, employment, or agency relationship exists between User and Frost Life Solutions as a result of these Terms of Use or User’s use of the Platform and the Services.