PLEASE READ THIS TERMS OF WEBSITE USAGE AGREEMENT (THE “TERMS”) CAREFULLY. BY ACCESSING OR USING WWW.MATEINDIA.IN, OR ANY OTHER WEBSITES OR LINKS OF MATE INDIA, WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES ENABLED VIA THE WEBSITE (THE “SERVICES”) USERS OF THE SITE (“USERS”), CLICKING THE “I ACCEPT” CHECK BOX, OR MERELY BROWSING THE WEBSITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS.
“Services” means all children’s educational products and services, and related services and promotions, provided by MATE, including support services.
“Website” means any and all websites owned or operated by Project MATE, through which access to MATE’s Services are available. References to the “Website” include any and all related features, functionality, tools, and content of the website.
“User” means any person or organization who accesses or uses the MATE Platform in any manner including students, teachers, parents and school administrators without limitation. References to “access” and/or “use” of the Platform (and any variations thereof) include the acts of accessing or browsing the Platform, and accessing or using the Services.
The Services consist of a learning platform that individuals (“Individuals”), schools may subscribe to and provide to their teachers, students and the parents of the participating students (“Guardians” and “Students”). The term Guardians includes teachers and parents of students who sign up for the Services in order to provide their children with Student Accounts. MATE (Mind Activation Through Education) may provide Schools that sign up for the Services with an administrator account that enables a designated School employee (“Administrator”) to manage the Services and manage Student and Teacher access to the Services. “User” means any user of the Service, including Administrators, Students, Parents and Teachers. If you are an Administrator accessing the Service pursuant to a separate Terms of Reference (“School Agreement”) between your School and MATE, the terms of your School Agreement apply to your use of the Service to the extent that the School Agreement conflicts with these Terms.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY MATE INDIA IN ITS SOLE DISCRETION AT ANY TIME AS PER THE DECISION OF THE INVESTIGATORS. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THE CURRENT TERMS. When changes are made, MATE will make a new version of the Terms available at the Website. Any changes to the Terms will be effective immediately for new Users of the Website or Services. MATE may require you to provide consent to the updated Terms in a specified manner before further use of the Website or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website and/or the Services. Otherwise, your continued use of the Website and/or Services constitutes your acceptance of such change(s).
- Use of the Services and MATE Properties. The Website, the Services, and the information and content (“Content”) made available by MATE on the Website and in the Services (collectively, the “Mind Activation Through Education (MATE)”) are protected by global copyright laws. Subject to the Terms, MATE grants you a limited license to reproduce portions of the MATE Properties for the sole purpose of using the Services for your personal purposes or, in the event you are an Administrator or Teacher User, your School’s educational purposes with permission by the chief investigator.
- The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the MATE Project, (b) you shall not use framing techniques to enclose any trademark or logo on the MATE Project; (c) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the MATE Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (d) you shall not use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to “scrape” or download data from any web pages contained in the Website; (e) except as expressly stated herein (e.g. the right granted in Section 1 to reproduce content for Students who have an existing Account), no part of the MATE Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (f) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the MATE project. Any future release, update or other addition to the MATE Project shall be subject to the Terms. MATE, and service providers reserve all rights not granted in the Terms. Any unauthorized use of the MATE project terminates the licenses granted by the Terms.
- Registration. In order to access certain features of the MATE Properties you must have an account (“Account”). Certain features are only available to Administrator and/or Teacher Accounts.
- Administrator and Teacher Accounts. This Subsection applies to Administrators and Teachers. To create an Account, you must (1) provide any necessary information about you and/or your School when registering the Account (“Registration Data”), (2) accept the Terms, and (3) pay any fees, if applicable, associated with your applicable subscription. Using your Administrator or Teacher Account, you may create individual Student (and in the case of Administrator, also Teacher) Accounts by submitting the applicable details on the Service or otherwise to MATE as permitted by MATE in its sole discretion. Your School will be responsible for any activities, including any violation of the Terms that occur under any Accounts created using your Account.
- Student Accounts. This Subsection applies to Students. To create an Account, you must (1) be provided with access to an Account invite code by an Administrator or Teacher, and (2) provide us with any Registration Data requested in the registration form.
- Registration Data. While registering for the Services, you agree to (1) provide true, current, and complete Registration Data; and (2) maintain and promptly update the Registration Data to keep it true, current, and complete. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify MATE immediately of any unauthorized use of your password or any other breach of security. You agree not to create or access an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. You agree not to create an Account or use the MATE project/content if you have been previously removed by MATE, or if you have been previously banned from any of the MATE Projects.
- Teacher and Administrator Obligations. This Subsection applies to Teachers and Administrators. You are solely responsible for ensuring that you and your School are compliant with all laws and regulations related to disclosing to MATE project, the personal information of the Students you invite to create Accounts. You, or your School, must provide the necessary notice and may obtain the appropriate consents from the parents of the Student as required to make such disclosure to MATE and grant the following license. You, on behalf of your School, grant to MATE a nonexclusive license to view, download, reproduce, modify, create derivative works of, distribute, and display information you submit about Students solely for the purposes of (a) providing the Service and (b) creating, using, and disclosing de-identified and/or aggregated information about Students and (C) Research. In the event that you, as a Teacher, are no longer (a) employed by your School or (b) otherwise authorized to view or use student records, you (i) must notify MATE immediately of such change and (ii) are not permitted to continue to view or use your Account.
- MATE Properties. Except with respect to Your Content, you agree that MATE project own all rights, title and interest in the MATE Properties/content. MATE’s name and other related logos, service marks and trade names used on or in connection with the MATE Properties/content are the trademarks of MATE and cannot be used without permission from MATE office. Other trademarks, service marks and trade names that may appear on or in the MATE Properties are the property of their respective owners.
- User Code of Conduct. As a condition of use, you agree not to use the MATE project/content for any purpose that is prohibited by the Terms or by applicable law. Do not post, or permit others to post, content on the MATE Properties or on your profile that (i) encourages illegal activities, is fraudulent, tortuous, or is unlawful; (ii) insults, defames, harasses, or threatens others; (iii) violates the copyright or intellectual property or privacy rights of others; (iv) contains obscene material; (v) harms or impersonates others; or (vi) advertises or sells a product or service. Do not submit the work of others as your own work or otherwise attempt to cheat on assignments. Do not attempt or engage in, any potentially harmful acts that are directed against the MATE Properties, including but not limited to violating or attempting to violate any security features of the MATE Properties, introducing viruses, worms, or similar harmful code into the MATE Properties, or interfering or attempting to interfere with use of the MATE Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the MATE Properties.
- Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to MATE through its suggestion or similar pages (“Feedback”) is done on a non-confidential basis and that MATE has no obligations with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to MATE a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sub-licensee right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights.
- Indemnification. You agree to indemnify and hold MATE, its affiliates, officers, employees, agents, partners and licensors (collectively the “MATE Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the MATE Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; or (e) your violation of any applicable laws or regulations. MATE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MATE in asserting any available defenses. You agree that the provisions in this section will survive termination of the Terms.
- Disclaimer of Warranties. You expressly agree that to the extent permitted by applicable law, your use of MATE properties is at your sole risk, and MATE properties are provided on an “as is” and “as available” basis, with all faults. MATE parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. MATE parties make no warranty, representation or condition that: (1) the MATE properties will meet your requirements; (2) your use of the MATE properties will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from use of the MATE properties will be accurate or reliable; or (4) any errors in the MATE properties will be corrected. Any content downloaded from or otherwise accessed through the MATE properties is accessed at your own risk, and you shall be solely responsible for any damage to your property or person, or any other loss that results from accessing such content.
- Limitation of liability. You understand and agree that in no event shall MATE parties be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the MATE properties, or any damages resulting from loss of use, data, or profits, whether or not MATE has been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with the terms, on any theory of liability, resulting from: (1) the use or inability to use the MATE properties; (2) unauthorized access to or alteration of your transmissions or data; or (3) any other matter related to the MATE properties, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory. MATE parties assume no responsibility for the timeliness, deletion, or failure to store any content or user communications. The limitations of damages set forth above are fundamental elements of the basis of the bargain between MATE and you.
- Term and Termination. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the MATE Properties, unless terminated earlier in accordance with the Terms. If you have materially breached any provision of the Terms, or if MATE is required to do so by law (e.g., where the provision of the Website or the Services is, or becomes, unlawful), MATE has the right to immediately suspend any Services and licenses provided to you under this Agreement (“Suspension”). Following Suspension, MATE and your Teacher and/or School, as applicable, will work together in good faith to determine whether to reinstate your access to (and any associated licenses to) the Services or permanently terminate your Services. Notwithstanding the foregoing, MATE may terminate your account immediately in its sole discretion in the event that (a) you are a repeat infringer for purposes of MATE’S copyright infringement policy or (b) you violate any restriction of these Terms after MATE makes reasonable efforts to provide you with notice of a previous violation. You agree that MATE shall not be liable to you or any third-party for any Suspension or termination of your Account made in accordance with the Terms. Termination or Suspension of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also may include deletion of your password and Your Content. Upon termination or Suspension of any Service, your right to use such Service will automatically terminate immediately. MATE will not have any liability whatsoever to you for any Suspension or termination. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, indemnification, warranty disclaimers, and limitation of liability.
- General Provisions.
- In accordance with Rule 5(6) of the Information Technology (Reasonable Security Practices and Procedures and sensitive personal data or information) Rules., 2011 We shall provide the information provided by users, as and when requested by them, for review that they had provided and ensure that any information found to be inaccurate or deficient shall be corrected or amended as feasible.
- In accordance with Rule 5(7) of the Information Technology (Reasonable Security Practices and Procedures and sensitive personal data or information) Rules., 2011 we shall provide the option to withdraw consent given earlier. In the event of withdrawal of consent, we will not be providing services for which the information was sought.
- You hereby release MATE Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other Website Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the MATE Properties.
- Miscellaneous. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MATE’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. MATE may assign this Agreement without your consent. MATE shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. Where MATE requires that you provide an e-mail address, you are responsible for providing MATE with your most current e-mail address. In the event that the last e-mail address you provided to MATE is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, MATE’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to MATE at the following e- mail address email@example.com. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Unless you have entered into a separate School Agreement, the Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.