Terms Of Service
By signing up and agreeing to the Genius Education Management Terms of service or any of the upgraded services, you are allowing to be bound by the following terms and conditions i.e ("Terms of Service"). The various Services that are offered by Genius Education Management under the Terms of Service include technical products and services to help and guide you to manage your educational Institution. New features or tools which will be added to the current agreement shall also be subject to the Terms of Service. Genius Education Management reserves the right to update and change the Terms of Service by posting updates and changes to the Genius Education Management website. You are suggested to check the Terms of Service regularly for any updates or changes that may impact you.
Similarly, You are advised to read, agree with and accept all the terms and conditions contained in this Terms of Service agreement and Genius Education Management's Privacy Policy before you become a Genius Education Management user.
Please read carefully "Terms of Service" for the overall picture of your legal agreement. By using Genius Education Management or any Genius Education Management services, you are agreeing to these terms. Be sure to occasionally check for updates.
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Account Terms
- To access and use the Services, you must first register for a Genius Education Management login account ("Account") by providing your full institutional name like; legal name, current institute's address, office phone number, a valid email address, and any other information related as required. Genius Education Management may reject your application for an Account, or Cancel an existing Account, for any reason, which may be in our sole discretion.
- You genuinely acknowledge that Genius Education Management will use the email address which you will provide for the primary method of communication.
- You are solely responsible for keeping your password secure. Genius Education Management cannot and will not be liable for any loss or damage for your failure to maintain the security of your Account and password.
- You are responsible for all the activities and content such as data, graphics, photos and links that is uploaded under your Genius Education Management Account.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of Genius Education Management will result in an immediate termination of your services and lawsuits, if applicable.
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Account Activation
- The contracting party ("Account Owner") will own the Service signed on the behalf of the institution by the person who is the representative of the institution for the purposes of our Terms of Service. It will be the person who is authorized by the Institute to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your Institution Head, your Institution shall be the Account Owner. If you are signing up for the Service on behalf of your Institution, then you represent and authorize that you have the permission to bind your Institution to our Terms of Service.
- Upon completion of sign up for the Service, Genius Education Management will create a Payment Gateway account, as applicable, on your behalf, using your email address.
- You agree that the Payment Gateway Account will be your by default payments gateway and that it is your sole responsibility as the Account Owner to activate and maintain these accounts. If you do not want to keep any of the payment accounts active, it is your responsibility to deactivate them.
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General Conditions
The Genius Education Management Product And Service Belongs To Us. You Are Not Allowed To Use This System For Any Illegitimate Purpose or Unofficial Cause. If Any Dispute Arises In The Future, It Will Be Resolved in Ahmedabad, India.
You must carefully read, agree and accept all the terms and conditions contained in these Terms of Service and the Privacy Policy before you may become a member of Genius Education Management.
- Technical support is provided to all the Account holders and is available via various platforms as described in the website.
- The Terms of Service shall be governed and interpreted in relations with the laws of India applicable therein, without regard to principles of conflicts of laws. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Ahmedabad, India with respect to any dispute or claim arising out of or in connection with the Terms of Service. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Service and is hereby expressly excluded.
- You endorse and agree that Genius Education Management may alter these Terms of Service at any time by posting the relevant updated and restated Terms of Service on Genius Education Management's website, available at http://www.geniusedusoft.com and such upgradation to the Terms of Service are effective as of the date of posting. Your persistent use of the Services after the amended Terms of Service are posted to Genius Education Management's website constitutes your agreement to, and acceptance of, the amended Terms of Service. If you do not agree to any changes to the Terms of Service, do not continue to use the Service.
- You may not utilize the Genius Education Management Service for any illicit or unapproved reason nor may you, in the use of the Service, damage any laws in your ward (counting but not limited to copyright laws), the laws pertinent to you in your client's purview, or the laws of India. You will agree to every single appropriate law, principles and directions in your utilization of the Service.
- You comply with the our Terms of Service and understand not to imitate, copy, duplicate, offer, exchange or exploit any portion of the Service, utilization of the Service, or access to the Service without the special written permission by Genius Education Management.
- Inquiries regarding the Terms of Service ought to be sent to Support.
- You recognize and agree that your utilization of the Service, including data transmitted to or from the Portal by Genius Education Management, is represented by its Privacy Policy.
- The parties have necessitated that the Terms of Service and all reports relating thereto be prepared in English.
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Genius Education Management Rights
We Possess All The Rights To Modify, Refuse Or Cancel The Service At Any Given Point Of Time. In The Event Of An Ownership Dispute Over Genius Education Management Login Account We Have All The Rights To Freeze The Account Or Transfer It To The Rightful Owner.
- We reserve all the rights to modify or terminate the Service for any reason, without notice at any time.
- We reserve the rights to refuse service to anyone for with or without any reason at any time.
- We may, but do not possess any obligation to, remove any Web Content and Accounts which you may claim of having content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene and any other objectionable which violates any party's intellectual property or these Terms of Service.
- Verbal or any written abuse of any kind from any Genius Education Management's Client to any Genius Education Management's employee, member, or officer will result in immediate Account termination.
- Genius Education Management does not pre-screen Web Content and it is in our sole discretion to refuse or remove any Web Content that is available via the Service.
- We reserve all the right to provide our services to your competitors and make no promise of difference in any particular market segment. Moreover, you also acknowledge and agree that Genius Education Management employees and contractors may also be Genius Education Management customers/merchants and that they may compete with you, although they may not use your confidential information in doing so.
- In the case of a conflict with respect to Account ownership, we reserve every one of the rights to ask for the documentation to decide or confirm Account proprietorship. Documentation may incorporate, yet isn't constrained to, a scanned copy of your business permit or license and government authority issued photo ID for the reference.
- Genius Education Management holds every one of the rights to decide, in our sole judgment, legitimate Account ownership and exchange an Account to the rightful owner. If we are unable to reasonably determine the legitimate Account owner, Genius Education Management maintains whatever authority to temporarily deactivate an Account until the point has been determined between the disputing parties.
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Limitation of Liability
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, Especially if you get sued.
- You explicitly comprehend and concur that Genius Education Management will not be at risk for any immediate, roundabout, accidental, consequential or exemplary damages, including however not constrained to, harms for loss of benefits, generosity, utilize, information or other immaterial misfortunes coming about because of the utilization of or failure to use of the administration.
- In no occasion will Genius Education Management or our providers be subject for lost benefits or any extraordinary, coincidental or important harms emerging out of or regarding our site, our administrations or these Terms of Service. You consent to reimburse and hold us and (as relevant) our parents, subsidiaries, Genius Education Management partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including sensible lawyers' expenses,made by any outsider due to or emerging out of your break of these Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- The utilization of the Service is at your own risk. The Service is given on an "as seems to be" and "as available" grounds with no guarantee or condition, express, suggested or statutory.
- Genius Education Management does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- Genius Education Management does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- Genius Education Management does not warrant that the nature of any products, services, information, or other material bought or acquired by you through the Service will live up to your desires, or that any mistakes in the Service will be revised.
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Waiver And Complete Agreement
If genius education management chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later. These terms of service make up the agreement that applies to you. This means that any previous agreements between you and genius education management don't apply if they conflict with these terms.
The failure of Genius Education Management to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the whole agreement amongst you and Genius Education Management and administer your utilization of the Service, overruling any prior agreements between you and Genius Education Management (including, but not limited to, any prior versions of the Terms of Service).
Intellectual property and customer content Anything you upload remains yours and your responsibility.
- We do not claim any intellectual property rights over the material you provide to the Genius Education Management service. All material you upload remains yours. You can remove your Genius Education Management Portal at any time by deleting your Account.
- You retain ownership over all Portal Content that you upload to a Genius Education Management. You are responsible for compliance of Portal Content with any applicable laws or regulations.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services.Private data incorporates any materials or data given by you to us which isn't freely known. Secret information does exclude data that: (a) was in the public domain at the time we got it; (b) comes into the public domain after we got it through no blame of our own; (c) we got from somebody other than you without breach of our or their privacy commitments; or (d) we are required by law to reveal.
- Genius Education Management shall have the non-exclusive right and license to use the names, trademarks, service marks and logos associated with your Portal to promote the Service.
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Payment Of Fees
For live payment gateways, a valid debit / credit card is required. You will be billed for your subscription fees every monthly / Quarterly / Half Yearly or Yearly. and have 7 days to pay. Any transaction fees or additional fees will be charged to your debit / credit card. If you're exempted from taxes, please let us know by giving us your original exemption certificate and we'll stop adding taxes to your bill. No refunds of taxes after the transaction.
- You will pay the specific Fees which will be applicable to your subscription to Online Service and Payment Services ("Subscription Fees") and any other applicable fees, including but not limited to fees relating to the processing of transactions under your Account ("Transaction Fees"), and any other fees relating to your purchase of any products or services such as, apps, domain names or Third Party Services ("Additional Fees"). Together, the Subscription Fees, Transaction Fees and the Additional Fees are referred to as the "Fees". The Subscription Fees Once Paid will not be Returned Back.
- You must keep along with you a valid debit / credit card to pay for all incurred and recurring Fees. Genius Education Management will charge applicable Fees to the debit / credit card account that you authorize ("Authorized Card"), and Genius Education Management will continue to charge the Authorized Card for applicable Fees until the Services are terminated, and any and all outstanding Fees have been paid in full.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services.Private data incorporates any materials or data given by you to us which isn't freely known. Secret information does exclude data that: (a) was in the public domain at the time we got it; (b) comes into the public domain after we got it through no blame of our own; (c) we got from somebody other than you without breach of our or their privacy commitments; or (d) we are required by law to reveal.
- Subscription Fees if paid in advance it will be billed at the same time with Subscription Renewal Date (each such date, a "Billing Date"). Transaction Fees and Additional Fees will be charged regularly at Genius Education Management's discretion. You will be charged on each Billing Date for all outstanding Fees that have not previously been charged. Fees will appear on an invoice, which will be sent to the Account Owner via the email provided.
- All Fees are exclusive of applicable federal, Central, provincial, state, local or other governmental sales, goods and services (GST), harmonized or other taxes, fees or charges now in force or enacted in the future ("Taxes").
- In the event that if you are a resident of India, you are responsible for all relevant Taxes that emerge from or because of your subscription to or buy of Genius Education Management's products and services. These Taxes depend on the rates appropriate to the Indian charging address you give to us. Such sums are notwithstanding the Fees for such items and benefits and will be charged to your Authorized Card. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
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Cancellation And Termination
To initiate a cancellation, email support. Genius education management will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, portals purchased through genius education management will no longer be automatically renewed. One last email invoice will be generated if you will cancel the Subscription in the middle of the billing cycle.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
- You may cancel your Account at anytime by emailing Support. then following the specific instructions indicated to you in Genius Education Management's response.
- Upon termination of the Services by either party for any reason:
- Genius Education Management will cease providing you with the Services and you will no longer be able to access your Account;
- until and unless otherwise provided in the Terms of Service, you will not be entitled to any refunds of any Fees, pro rata or otherwise;
- Any outstanding balance owed to Genius Education Management for your use of the Services through the effective date of such termination will immediately become due and payable in full; and
- Your Portal website will be taken offline.
- If at the date of termination of the Service, there are any outstanding Fees owing by you, you will receive one final invoice via email. Once that invoice has been paid in full, you will not be charged again.
- We reserve the right to modify or terminate the Genius Education Management Service or your Account for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, Genius Education Management may suspend or terminate your Account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
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Modifications To The Service And Prices
We may change or discontinue the service at anytime, without liability.
- Prices for using the Services are subject to change upon 30 days notice from Genius Education Management. Such notice may be provided at any time by posting the changes to the Genius Education Management Site (http://www.geniusedusoft.com) or the administration menu of your Genius Education Management Portal via an announcement.
- Genius Education Management reserves the right at any time, and from time to time, to modify or discontinue, the Service (or any part thereof) with or without notice.
- Genius Education Management shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
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Third Party Services
We are not in charge for third party services so use them at your own risk and hazard. If you use any third party services on the genius education management platform, you permit us to send your data to those services. If you use them you agree that we do not provide any assurance, so get advice sooner or earlier.
- In addition to these Terms of Service, you also agree to be bound by the additional service-specific terms applicable to services you purchase from, or that are provided by, Genius Education Management's partners or other third parties.
- Genius Education Management may from time to time recommend, provide you with access to, or enable third party software, applications ("Apps"), products, services or website links (collectively, "Third Party Services") for your consideration or use, including via the Genius Education Management App. Such Third Party Services are made available only as a convenience, and your purchase, access or use of any such Third Party Services is solely between you and the applicable third party services provider ("Third Party Provider"). Any use by you of Third Party Services offered through the Services or Genius Education Management's website is entirely at your own risk and discretion, and it is your own responsibility to read the terms and conditions and/or privacy policies applicable to such Third Party Services before using them.
- We do not provide any warranties with respect to Third Party Services. You acknowledge that Genius Education Management has no control over Third Party Services, and shall not be responsible or liable to anyone for such Third Party Services. The availability of Third Party Services on Genius Education Management's websites, including the Genius Education Management App Portal, or the integration or enabling of such Third Party Services with the Services does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with Genius Education Management. We strongly recommends that you seek expert advice before using or relying on Third Party Services, to ensure they will meet your needs.
- If you install or enable a Third Party Service for use with the Services, you grant us permission to allow the applicable Third Party Provider to access your data and to take any other actions as required for the interoperation of the Third Party Service with the Services, and any exchange of data or any other interaction between you and the Third Party Provider is solely between you and such Third Party Provider. Genius Education Management is not responsible for any disclosure, modification or deletion of your data or Portal Content, or for any corresponding losses or damages you may suffer, as a result of access by a Third Party Service or a Third Party Provider to your data or Web Content.
- Under no circumstances shall Genius Education Management be liable for any direct, indirect, incidental, special, consequential, punitive, extraordinary, exemplary or other damages whatsoever, that result from any Third Party Services or your contractual relationship with any Third Party Provider, including any Expert. These limitations shall apply even if Genius Education Management has been advised of the possibility of such damages. The foregoing limitations shall apply to the fullest extent permitted by applicable law.