Terms and Conditions
ACCEPTANCE OF TERMS
Thank you for visiting and using this site. These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of any portal powered by Fountainhead School and any related mobile or software applications including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).
These Terms are effective for all existing and future users accounts including but without limitation to users who have joined the platform as a part of formal business between an Institute and Fountainhead.
Please read these Terms carefully. By accessing or using the Site, you are agreeing to these Terms and concluding. You may not use the Services, if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Site is at your own risk.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by using the Services. In this case, you understand and agree that we will treat your use of the Services as acceptance of the Terms from that point onwards.
DEFINITIONS
User
“User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services
Content
“Content” will include (but is not limited to) images, photos, audio, video, events, location data, nearby places, and all other forms of information or data. “Your content” or “User Content” means content that you upload, share or transmit to, through or in connection with the Services, such as likes, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. “Fountainhead content” means content that Fountainhead creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and third party content. “Third Party Content” means content that comes from parties other than Fountainhead or its users and is available on the Services.
ELIGIBILITY TO USE THE SERVICES
You hereby represent and warrant that you are 18 years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
Compliance with Laws. You are responsible for complying with all the laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
CHANGES TO THE TERMS
Fountainhead may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Site after any such amendment or change in the Terms shall be deemed as your expressed acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
PROVISION OF THE SERVICES BEING OFFERED BY FOUNTAINHEAD
Fountainhead is constantly evolving in order to provide the best possible experience and information to its users. You acknowledge and agree that the form and nature of the Services which Fountainhead provides may require affecting certain changes in it, therefore Fountainhead reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
You acknowledge and agree that if Fountainhead disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
You acknowledge and agree that while Fountainhead may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Fountainhead may set such fixed upper limits at any time, at Fountainhead’s discretion.
By using Fountainhead’s Services you agree to the following disclaimer: The Content on these Services is for informational purposes only. Fountainhead disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Fountainhead reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Unless stated otherwise, all pictures and information contained in these Services are believed to be owned by or licensed to Fountainhead. Please email a takedown request (by using the “Contact Us” link on the home page) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request.
Fountainhead reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of this site anytime in future.
USE OF SERVICES BY YOU OR USER
You must create an account in order to use some of the features offered by the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
In creating an account, you represent to us that all information provided to us in such a process is true, accurate and correct, and that you will update the information as and when necessary in order to keep it accurate. You shall not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information to obtain access to another ‘Institute Community’ to which you are not connected as its students, alumni, faculty or staff, on the Services that you are not legally entitled to claim. You acknowledge that any false access to Institute Community may cause Fountainhead or third parties to incur substantial economic damages and losses for which you may be held liable and accountable.
You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your account for the purpose of transacting activities in your name on the Services.
By creating an account, you agree to receive certain communications in connection with the Site or Services. For example, you might receive comments or requests from other Users. You can opt-out or manage your preferences regarding non-essential communications through account settings.
Others Terms
You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree to use the data owned by Fountainhead (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use unless agreed to by/with Fountainhead in writing.
You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Fountainhead, unless you have been specifically allowed to do so, by way of a separate agreement with Fountainhead. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other User(s), unless authorizedu by Fountainhead, in written agreement, shall not engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
Anti-Spam Policy & Terms of Use for Email Service
If you are using our mailservice, you must abide by the following rules.
You won’t send Spam! By “spam,” we mean the definition on the Spamhaus website.
You won’t use purchased, rented, or third-party lists of email addresses.
You must ask users to subscribe for your emails explicitly.
If you violate any of the above rules, then we may suspend or terminate your account.
REFUND and CANCELLATION
Amount paid for any product/service is non-refundable in any case (except above one situation).
If transaction is successful, and you didn’t get the event ticket, then you should contact us as soon as possible through email on surat@fountainheadschools.org
Any product/service is not transferable to other person(s).
CONTENT
Ownership of Fountainhead Content and Proprietary Rights
We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the “IP Rights”) associated with the Services and Our Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Fountainhead and that you shall not disclose such information without prior written consent from Fountainhead.
You agree to protect our proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others’ contractual, statutory, and common law rights in the Services. You acknowledge and agree that Fountainhead (or Fountainhead’s licensors) own all legal rights, titles and interests in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Fountainhead and that you shall not disclose such information without prior written consent from Fountainhead. Unless you have agreed otherwise in writing with Fountainhead, nothing in the Terms gives you a right to use any of Fountainhead’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Fountainhead; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, color, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Fountainhead’s content in whole or in part except as explicitly authorized by Fountainhead.
To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.
Your License to Fountainhead Content:
We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as explicitly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Fountainhead Content in whole or in part except as explicitly authorized by us. Except as otherwise explicitly granted to you in writing, we do not grant you any other explicitly or implied right or license to the Services, Fountainhead Content or our IP Rights.
Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
Representations Regarding Your or User Content:
You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and their third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Terms or any applicable laws. If Your Content is a post, you represent and warrant that you are the sole author of that post; the sole purpose of any post must be provide information to/share information with the members of the institute and must not bring you any financial or other materialistic incentive.
You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove content, we do not control actions or content posted by our users and do not guarantee the accuracy, integrity or quality of any content. You acknowledge and agree that content posted by users and any and all liability arising from such content is the sole responsibility of the user who posted the content, and not us.
You also understand that in case, the content is found inappropriate for the other users, or reported as abuse by other users, can be removed without any consent or notice to you. Depending on the case to case basis, you can be even forfeited the access to the ‘institute community’. This decision solely depends on the agreement between institute and Fountainhead.
Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Any post, which is derogatory, defamatory or hateful and without any substantial evidence (e.g. photograph or video) may be taken down at our sole discretion.
Third Party Content and Links
Some of the content available through the Services may include or link to materials that belong to third parties, such as third party services or content. Please note that your use of such third party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from third party vendors who obtain their data from public sources. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Wherever appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Fountainhead is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
Third party content, including that posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. You further acknowledge and agree that Fountainhead is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we explicitly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
User posts/content
User posts/content do not reflect the opinion of Fountainhead. It is pertinent to state that each and every post on Fountainhead is the information/opinion/concern/query of the user only. Fountainhead is a neutral platform, which solely provides a means of communication between users including institute authorities, faculty, students and alumni. We are a neutral platform and we don’t arbitrate disputes, however in case if someone writes a post/content that isn’t true, the best option for the institute representative would be to contact the user or post a public response in order to clear up any misunderstandings. If the institute believes that any particular user’s post/content violates Fountainhead’s Policy, he can flag the post/content to our attention, or/and take a permissible action. Fountainhead may remove the post in its sole discretion if the post is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services.
Send the written communication to Fountainhead School, Opp. Ambetha Water Tank, Kunkni Gam, Rander-Dandi Road, Olpad Taluka, Surat – 395005
Email id: surat@fountainheadschools.org