Terms and Conditions

Welcome to KleverMind™.

Introduction

In using the services of KleverMind™, you are deemed to have accepted the Terms and Conditions listed below. These Terms and Conditions ("Terms") set forth below and the Privacy Policy constitute a legally-binding agreement between KleverMind Infotech Pvt. Ltd. (“KleverMind”, “us”, “We”) on the First Part, and the Parent and School (“hereinafter Collectively referred to as “User/s”, “You”, “your” or “you”) of the Second Part. These Terms govern your access to use of KleverMind's website www.klevermind.com (Website), KleverMind technology platform accessible through desktops, mobile phones, smart phones and tablets (the “Application”) the Website and Application collectively referred to as Software, other KleverMind™ branded products and services as may be introduced by KleverMind from time to time.

By accessing or using our Software and service(s), you agree to be bound by these Terms and Conditions, and by our Privacy Policy. If you choose to not agree with any of these Terms and Conditions and/or Privacy Policy, you may not use the Software or service(s) connected therewith. In these Terms, references to "you" or "User" shall mean the user accessing the Software and services connected therewith.

Please read these Terms and Conditions carefully, and contact us if you have any questions at hello@KleverMind.com

Who can use KleverMind™?

You may use our Software and services only if you can form a binding contract with KleverMind™, and only in compliance with these Terms and all applicable laws. When you create your KleverMind™ account, you must provide us with accurate and complete information. Any use or access by anyone under the age of 18 is prohibited. If you open an account on behalf of a company, organization, or other entity, then

  1. "you" includes you and that entity, and
  2. you represent and warrant that you are authorized to grant all permissions and licenses provided in these Terms and bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. Some of our services including the Software may be downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Software and services, and these Terms will apply to such upgrades.

License to Use

All rights, title and interest, including all intellectual property rights such as copyright, trademarks, trade secrets, patent and other proprietary rights in and to the Software and services offered therein, the present or future modifications / up gradations thereof and standard enhancements thereto are either owned by or licensed to KleverMind.

Subject to these Terms and Conditions, and our Policies, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Software and services connected therewith. The Terms do not and shall not transfer any ownership or proprietary interest in the Software from the Company to You, except as may be otherwise expressly provided in these Terms or as may be agreed to by and between Company and You.

Acceptable Use

Users acknowledge that KleverMind™ serves as a platform for connecting Parents with Schools and automates the school admission process. KleverMind™ will charge a Convenience fee for using its platform/Software. If you don't wish to pay the Convenience fee then you may not use this platform/Software. Schools charge their own Form fee.

As Parent(s), You may use the Software to

  1. fill up one master form through which applications can be made to many schools in Delhi NCR;
  2. pay the Form fees for procuring the application forms of each school and
  3. pay the Convenience Fees as indicated by KleverMind for the purpose of access and use of the Software and services offered by KleverMind to connect with School(s).

As School(s), You may use the Software to

  1. provide proper and accurate information regarding admission date and time, form format and criteria for allocation of points along with form fees/registration fees
  2. receive application forms from Parents via the Software;
  3. receive the Form Fees paid by Parents for procuring the application forms and
  4. pay the Convenience Fees as may be indicated by KleverMind for the purpose of use of the Software and services offered therein for receiving applications from Parents.

KleverMind, reserves the right to amend the Convenience Fees charged to User at a future date for using the Software

KleverMind’s role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, KleverMind is merely providing a platform to the Users to connect the Parents and Schools registered with the Software and thus has no responsibility and / or liability in respect of the content and transactions being shared on the Website and/or Applications including any interactions between Parents and the Schools.

You must not use the Software in any way that causes, or may cause, damage to the Software or impairment of the availability or accessibility of the service associated therewith; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You are not permitted to resell or charge others for use of or access to the Software and service, or in any other manner inconsistent with these Terms. You must not use the Software to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, worm, Trojan horse, keystroke logger, or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Software without KleverMind's express written consent. You must not use this Software and service connected therewith to transmit or send unsolicited commercial communications. You must not use this Software and service for any purposes related to marketing without KleverMind's express written consent.

You undertake that Your use of this Software shall be subjected to the following restrictions

  1. You will not delete or modify any content on the Website/Application including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
  2. You will not decompile, reverse engineer, or disassemble the Software, or You will not remove any copyright, trademark registration, or other proprietary notices from the Website and/or Application. You further agree not to access or use this Website/Application in any manner that may be harmful to the operation of this Software or its content;
  3. You will not use the Software and / or services in any way that is unlawful, or harms KleverMind or any other person or entity, as determined in KleverMind's sole discretion;
  4. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet and
  5. You will not host, display, upload, modify, publish, transmit, update or share any information that —belongs to another person and to which the user does not have any right to; is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; harm minors in any way; infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force; deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; 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 other nation.

Security

You must keep your user details secure and must not share them with anyone else. You must notify KleverMind™ immediately of any breach of security or unauthorized use of your account. KleverMind™ will not be liable for your losses caused by any unauthorized use of your account.

We care about the security of our users. While we work to protect the security of your content and account, KleverMind™ cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately at hello@KleverMind.com of any compromise or unauthorized use of your account.

You agree to indemnify and hold KleverMind™, and its subsidiaries, affiliates, agents, other partners, and employees, harmless from any claim, losses, damages, costs or demand, including reasonable attorneys' fees, arising out of your use of the Software and service, your violation of the Terms and Conditions, or your violation of any rights of another or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity and any negligent or intentional wrongdoing on your part.

Intellectual Property Rights

The KleverMind™ Software, service connected therewith along with KleverMind™ created text, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to KleverMind™, subject to copyright and other intellectual property rights under Indian laws and conventions. The Software and service provided to you is for your information and personal use only. KleverMind™ reserves all rights not expressly granted in and to the Software and service. You agree to not engage in the use, copying, or distribution of any of the Software other than expressly permitted herein for any commercial purposes. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Software and service connected thereto.

Third-Party Sites, Services and Links

Our Website, Application and Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by KleverMind™. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products or services. If you access any third party website, service, or content from KleverMind™, you do so at your own risk and you agree that KleverMind™ will have no liability arising from your use of or access to any third-party website, service, or content.

Publicity

KleverMind™ shall be permitted to identify you as a customer, to use your website's name in connection with proposals to prospective customers, to hyperlink to your website's home page, to display your logo on the KleverMind's website, and to otherwise refer to you in print or electronic form for marketing or reference purposes.

Termination

KleverMind's policy is to investigate violations of these Terms and terminate repeat infringers. You agree that KleverMind™ may, under certain circumstances and without prior notice, immediately terminate your KleverMind™ account, any associated email address, and access to the Software and associated products and services. Cause for such termination shall include, but not be limited to:

  1. breaches or violations of the Terms or other incorporated agreements or guidelines;
  2. requests by law enforcement or other government agencies;
  3. a request by you (self-initiated account deletions);
  4. discontinuance or material modification to the Service (or any part thereof);
  5. unexpected technical or security issues or problems;
  6. extended periods of inactivity;
  7. you have engaged or are reasonably suspected to be engaged in fraudulent or illegal activities;
  8. having provided false information as part of your account;
  9. having failed to keep your account complete, true, and accurate;
  10. any use of the Service deemed at KleverMind's sole discretion to be prohibited;
  11. use of fraudulent payment methods; and/or
  12. non-payment of any fees owed by you in connection with KleverMind and associated Services. Further, you agree that all terminations for cause shall be made in KleverMind's sole discretion and that KleverMind shall not be liable to you or any third-party for any termination of your account, access to the Service, or any disruption to your services such a termination may cause. You expressly agree that in the case of a termination for cause you will not have any opportunity to cure.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service. Upon termination, you continue to be bound by these Terms.

The application may be rejected in any of the following circumstances:

  • Application rejected by the School due to incomplete application;
  • Application rejected due to any specific criteria or conditions not being fulfilled as per the requirements of the School;
  • Application received by the School but not considered due to any condition;
  • Your Payment was not processed in time;
  • You failed to submit your application before deadline of the course;

Incase of rejection of application there will not be any kind of refund either of the school form fee or convenience fee.

KleverMind™ does not provide any guarantee of admission for the particular School. The entire process of admissions is based on parameters and those parameters shall be governed and controlled by the respective educational Institute/schools. Grant of admissions shall be at the sole discretion of the respective educational Institute/schools. It is hereby expressly clarified that, role of KleverMind™ is only to facilitate the admission process and not to grant admissions.

Similarly, KleverMind does not provide any guarantee to School(s) of the number of application forms that may be submitted. It is the Parent’s sole discretion to select the School(s) in which they wish to apply.

Modifications

KleverMind™ may modify these Terms and Conditions from time to time. In addition, the Agreement will indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Software and the services after those changes are posted.

Limitation of Liability

THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE KleverMind™ WEB SITE AND SOFTWARE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KleverMind™ AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE KleverMind™ WEB SITE AND SOFTWARE AT ANY TIME. ADVICE RECEIVED VIA THE KleverMind™ WEBSITE AND SOFTWARE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

KleverMind™ AND/OR ITS REPRESENTATIVES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE KleverMind™ WEB SITE AND SOFTWARE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KleverMind™ AND/OR ITS REPRESENTATIVES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KleverMind™ AND/OR ITS REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE KleverMind™ WEB SITE AND SOFTWARE, WITH THE DELAY OR INABILITY TO USE THE KleverMind™ WEBSITE, SOFTWARE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE KleverMind™ WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE KleverMind™ WEB SITE, SOFTWARE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KleverMind™ OR ANY OF ITS REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE KleverMind™ WEB SITE, OR SOFTWARE OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE KleverMind™ WEBSITE.

KleverMind tries to give most accurate information and asks schools to give proper information but if there is any discrepancy about information pertaining to schools or information provided by Schools then KleverMind cannot be held responsible.

KleverMind uses Google Map for calculating distance, Google map does not calculate the exact distance between your home to the school rather it calculates distance from your nearest known place to school’s place. If there is any discrepancy in the distance mentioned on our Software and the actual distance between the School and your home, KleverMind cannot be held liable.

Furthermore, KleverMind suggests points calculation to schools by using technology but it is not final. School’s point calculation is the final one. KleverMind cannot be held responsible for any kind of inaccurate calculation by the system.

Severability

If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

Governing Law and Jurisdiction

These terms and conditions will be construed only in accordance with the laws of India. In respect of all matters/disputes arising out of, in connection with or in relation to these terms and conditions or any other conditions on this website, only the competent Courts at Delhi shall have jurisdiction, to the exclusion of all other courts.

This Terms of Use was last updated: 17th Dec, 2016