Square Panda Services Terms of Use

Updated and Effective [2023]

Introduction

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARY GUIDELINES AND DIGITAL MEDIA ETHICS CODE) RULES, 2021 THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE WEBSITE.

Square Panda Education Private Limited. ("Square Panda" or “We”) owns and operates the Square Panda website (“Website”) which provides programs utilized by parents and education professionals (the "Teaching Services") and programs that students can use to aid the development of literacy skills (the "Student Services"); the Teaching Services and Student Services, collectively, the "Services" that support early literacy skills in the classroom. The Services are available to a variety of users (collectively, "Users” or "You"):

• The  Services are available to education institutions ("Customers"): administrators, teachers and other education professionals ("Teachers", "Administrators") to use with their students, whom they are responsible for overseeing in the Services. The Customer must designate a single administrator ("Customer Administrator") to facilitate license distribution among schools and/or classrooms.
• The Teaching Services and the Student Services are available to home users: Parents to use with their children, for whom they are responsible for overseeing in their use of the Student Services.

This terms of use (“the Terms” or “Terms of Use”)and the privacy policy (“Privacy Policy”) available at www.squarepanda.in shall form the entire agreement between Square Panda and the Users. By accessing the Services in any manner, including, but not limited to, visiting or browsing the Services, you agree to be bound by these Terms of Use.

By creating an account (the "Account") and accessing the Services, you agree that you are 18 years of age or older, are lawfully able to enter in a contract and agree to be bound by these Terms of Use. If you have entered into these Terms on behalf of your organization, you represent that you have the authority to bind that organization to these Terms, and that you have the right to upload or authorize upload of your and your students' data. If you have entered into these Terms as a Home User, you represent and agree that you are 18 years of age or older, are lawfully able to enter in a contract and agree to be bound by these Terms of Use, have the authority as the parent or other legal guardian of any student associated with your Account, and that you have the right to upload or authorize upload of your and your students' data. If you do not have the necessary authority, or if you do not agree with these Terms of Use, then you may not use the Services. Square Panda reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Website if it is brought to the notice of Square Panda or if Square Panda discovers for itself that such person is not eligible to use the Website or the consent to use the Website is not made by the minor’s legal guardian or parents.

Square Panda reserves the right to change these Terms of Use at any time. We will provide you with notice at least once in a year, or whenever there is a change in the Terms, prior to making such changes by email or by posting a conspicuous notice on the Website The "last updated" date indicates when the Terms were last revised. Your continued use of the Website following the posting of changes shall be deemed to mean that you accept and agree to the revisions.

Service Fees, Payments, Billing

You acknowledge that you are responsible for paying all fees incurred during your use of the Services.

The Website permits payment via. various modes, including virtual payment wallets and online payments through debit/credit cards and internet banking or any other method adopted by Square Panda from time to time.

You understand that while availing any of the payment method/s available on the Website, Square Panda will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:

• Lack of authorization for any transaction(s);
• Exceeding the pre-set limit mutually agreed by the User and between bank/s;
• Any payment issues arising out of the transaction; or
• Rejection of transaction for any other reason(s) whatsoever.

 You are entitled to a full refund of the purchase price for any reason within 3 days of purchase. To make such a request, please contact our Customer Service team at support@squarepanda.com Users in India may choose to contact us at support@squarepanda.in. 

Square Panda may suspend the Services at any time, without notice, for your failure to pay fees promptly. 

Intellectual Property

You acknowledge that the Services and the Website, including all text, software, scripts, code, designs, graphics, photos and other content and the copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated therewith (“Intellectual Property”) are owned by or licensed to Square Panda and are protected by copyright and other intellectual property rights, and that you have no rights to transfer or reproduce the Services, or prepare any derivative works with respect to, or to disclose confidential information pertaining to, the Services or to the Website to any other person or third party. 

You shall use the Website strictly in accordance with these Terms, and shall not, directly or indirectly, (i) decompile, disassemble, reverse engineer, or attempt to derive the source code of, or in any manner decrypt, the Website; (ii) make any modification, adaptation or improvement, enhancement, translation or derivative work from the Website; (iii) violate any applicable laws, rules or regulations in connection with your access or use of the Website, including your use of any Content (as defined below); (iv) remove or obscure any proprietary notice (including any notices of copyright or trademark) forming a part of the Website; (v) use the Website for any commercial or revenue generation endeavours, or other purposes for which it is not designed or intended; (vi) distribute or transmit the Website or other services; (vii) use the Website for data mining, scraping, crawling, redirecting, or for any purpose not in accordance with these Terms; (ix) use the Website for creating a service or software that is directly or indirectly, competitive with the Website or any services offered by Square Panda; or (x) derive any confidential information, processes, data or algorithms from the Website.

This Agreement does not convey any rights of ownership in or related to the Services or the Website, or Intellectual Property owned by Square Panda to you. Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available remedies under applicable laws of India.

License

Square Panda grants you a personal, revocable, non-exclusive, non-transferable, limited permission to access the Services provided that you comply with these Terms. You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, frame, or otherwise use any information or material obtained from or through the Services or the Website. You also warrant to Square Panda that you will not use the Services or the Website for any purpose that is unlawful, prohibited by any applicable regulation or are otherwise inconsistent with these Terms. 

Your Responsibilities

To use the Services you will be asked to sign up on the Website and create an account (“Account”). You are solely responsible for all activities that occur in connection with your Account and represent that you will comply with these Terms and all applicable laws. You shall maintain the confidentiality of your account name and password; notify us immediately of any unauthorized access or use of your account, ensure that your account is used at all times in compliance with these Terms and not impersonate another User or provide false information in an attempt to gain access to the Services. 

Restrictions

You grant us a non-exclusive, worldwide, fully-paid-up, royalty-free license to use the information, data, content, and other materials uploaded through your Account to the Services or the Website (the "Content") solely for purposes of furnishing the Services to you and in accordance with our Privacy Policy. You are solely responsible for obtaining all rights, permissions, and authorizations to provide the Content to us for use as contemplated under this Section. 

You further represent and warrant that while posting any Content on the Website you shall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, you shall not post any content on the Website that is obscene, pornographic, constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

You will not (and will not allow any third party to):

1. Upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, intimidating, abusive, defamatory, obscene, pornographic, libelous, invasive of another's privacy, insulting or harassing on the basis of gender, is misleading in any way, relating or encouraging money laundering or gambling, disrespectful, hateful, or racially, ethnically or otherwise objectionable to Square Panda;
2. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any materials transmitted through the Services;
3. Upload, post, e-mail or otherwise transmit any materials that you do not have the right to transmit under any law or under contractual or fiduciary relationships;
4. Upload, post, e-mail or otherwise transmit any material that is harmful to minors; 
5. Upload, post, e-mail or otherwise transmit any material that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party;
6. Upload, post, e-mail or otherwise transmit any material that contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment orinvolves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming”, or provides instructional information about illegal activities such as violating someone's privacy, or providing or creating computer viruses ;
7. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services or the Website;
8. Interfere with another person’s use of the Website;
9. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation; 
10. Is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
11. deceives or misleads the addressee/ users about the origin of the messages or knowingly and intentionally communicates any information which is patently false or misleading or grossly offensive or menacing in nature but may reasonably be perceived as a fact.
12. refers to any website or URL that, in Square Panda’s sole discretion, contains material that is inappropriate for the Website or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use.
13. Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any foreign states;
14. Provide inaccurate information or impersonate another person or entity.

You hereby accept full responsibility for any consequences that may arise from your use of the Website, and expressly agree and acknowledge than in no event and under no circumstances shall Square Panda be held liable to you for any liabilities or damages resulting from or arising out of your use of the Website. You shall not use anyone else’s Account at any time, however you may use the Account of another person provided the person creating the Account has authorized such use.

You agree and acknowledge that you shall not use the Website for any fraudulent, malicious, illegal or unauthorized purpose/activities. You agree to comply with all applicable laws pertaining to your use of the Website. You further agree and acknowledge that you shall use the services provided on the Website only for your personal use and not for business purposes.

Square Panda shall have the right, but not the obligation, to monitor your access to or use of the Website to ensure your compliance with these Terms or applicable laws, at its sole discretion.

Privacy

Square Panda represents that it will comply with all applicable laws, including those related to protection of personal data stored and maintained through the Services. We are committed to maintaining your privacy, and maintain a Privacy Policy, which may be viewed at www.squarepanda.in. Personal data you provide to us is subject to the Privacy Policy, and acceptance of these Terms of Use constitutes consent to our collection and use of personally identifiable information as described in the Privacy Policy. Please review the Privacy Policy, and if you object to your information being transferred or used, please do not use the Website.

Security

Square Panda implements and maintains commercially reasonable security practices appropriate to the nature of the personally identifiable information collected and maintained through the Services in order to protect such information from unauthorized access, destruction, use, modification or disclosure. Please refer to the Privacy Policy for the steps taken by Square Panda for safeguarding its data. The internet, however, is not perfectly secure, nor are all security risks reasonably foreseeable, and Square Panda shall not be responsible for security incidents not reasonably within its control. 

Changes to the Services

Square Panda may add, change, discontinue or remove any portion of the Services at any time, without notice. 

Links

Areas of the Teaching Services intended for adult users may contain links to third-party websites, including social networking websites. These links are provided for your convenience, and inclusion of links does not suggest an endorsement. We are not responsible for the contents or transmission of any linked site or for ensuring that the linked sites are error and virus-free. Linked sites are subject to their own terms of use and privacy policies, and we encourage you to read them.. 

Indemnification

To the extent permissible by law, you will defend and indemnify Square Panda and hold it and its affiliates, officers, directors, managers, employees, agents, vendors, merchants, sponsors, providers, and licensors harmless from any and all claims, actions, demands, proceedings, losses, deficiencies, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees and all related costs and expenses) incurred by them as a result of any claim, judgment, or adjudication related to or arising directly or indirectly from any or all of the following: (i) your use of the Services or the Website; (ii) any information you submit, post, or transmit through our Services; (iii) breach of any of your obligations, representations, or warranties in these Terms of Use; or (iv) your violation of any rights of another person. 

DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS" AND "AS-AVAILABLE", WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. EXCEPT FOR ANY EXPRESS WARRANTY PROVIDED HEREIN, SQUARE PANDA AND ITS LICENSORS AND SUPPLIERS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, QUALITY OF INFORMATION, OR TITLE/NON-INFRINGEMENT, AND ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED. SQUARE PANDA ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON THE WEBSITE AND SERVICES, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE WEBSITES ACCESSIBILITY, ANY LOSSES OR DAMAGES ARISING FROM THE USE OF THE WEBSITE, ANY CONDUCT BY OTHER USERS ON THE WEBSITE AND SERVICES, OR UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE OR SERVERS. 

Limitation of Liability

YOU UNDERSTAND AND AGREE THAT SQUARE PANDA OR ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PRODUCTS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF THE OWNER HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, THE COST OF OBTAINING SUBSTITUTE SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, ENTERED INTO THROUGH THE SERVICES, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, YOUR FAILURE TO KEEP LOGIN CREDENTIALS OR STUDENT ACCOUNT DETAILS SECURE AND CONFIDENTIAL, OR ANY OTHER MATTER RELATED TO THE SERVICES. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE SQUARE PANDA OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE SERVICES. SQUARE PANDA SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD PARTIES THROUGH THE WEBSITE.

Assignment 

You shall not license, sell, transfer or assign your rights, obligations, or covenants under these Terms in any manner without Square Panda’s prior written consent. Square Panda reserves the right, at its own discretion, to freely assign and transfer the rights and obligations under these Terms to any third party.

Notices

We will provide you any notices regarding the Services by posting the notice on the Website, as applicable, or by sending them to you, by e-mail, to the e-mail address you maintain as part of your Account. We may provide notifications via SMS messaging, to the mobile number provided for the account. 

Applicable Law; Jurisdiction and Venue

We control our Services from our offices within India. We make no representation that the Services are appropriate for use in other locations. You may not use or export the Services in violation of Indian export laws and regulations. Any claim relating to our Services shall be governed by the laws of India, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in Mumbai, Maharashtra. 

Severability and Waiver 

These Terms the, the Privacy Policy and other referenced material herein or on the Website, are the entire agreement between you and Square Panda with respect to the products/services offered on the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Square Panda with respect to the subject matter contained herein. If any of the part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, they will be severable from the remainder of these Terms and will not cause the invalidity or unenforceability of the remainder of these Terms. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Contact Information

If you have any questions regarding these Terms of Use, please contact us at support@squarepanda.com. Users in India may choose to contact us at support@squarepanda.in. 

SPECIAL NOTES FOR USERS IN INDIA

General Information

(i) These Terms and the relationship between us and you are governed by the laws of India without regard to any conflict of law provisions of any jurisdiction. You agree to submit to the exclusive jurisdiction of the courts in India, except that we may seek injunctive relief in any jurisdiction in order to enforce our rights under these Terms. (ii) Under these Terms no person other than us and you shall have any rights in relation to your access and/or use of the Services, provided that our third party licensors may take action against you to enforce any infringement of their intellectual property rights or other rights. 

Governing Law and Dispute Resolution

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Mumbai, India. In the event of any dispute arising out of these Terms of Use the same shall be settled by a binding arbitration conducted by a sole arbitrator, appointed jointly by both parties and governed by the Arbitration and Conciliation Act, 1996. The venue of arbitration shall be Mumbai, India and the language used shall be English. The engagements with all the private and public organizations in India will be governed by the respective agreements with these organizations

Grievance Officer

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:
 

Name: Chirag Desai

Address: 605-606, A wing, 6th floor, Kanakia Wall Street, Andheri-kurla road, Andheri east, Mumbai City, Maharashtra, 400093

Cell: +91 98335 45522

Email ID: chirag@squarepanda.com