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Terms of Service

This TERMS OF USE ("Agreement") is hereby made between you (hereinafter referred to as, “User” or “you” or “your”) and homi.school (hereinafter referred to as, “Homi”, “we”, “our” or “us”) and governs your access to and use of this platform and the Services (as defined below) offered by Homi at https://www.homi.school (“Website” or “Platform”). By using the Website and availing the Services, this Agreement shall automatically apply to you, so therefore you should ensure that you have read them carefully before using this Website and availing the Services.

Certain features of our Website and/or the Services may be subject to additional guidelines, terms or rules, which will be posted on our Website and are incorporated by reference into this Agreement.

In consideration of the mutual promises and obligations set out below, the sufficiency of which the parties acknowledge, you and we acknowledge and agree as follows:

Article 1: User Warranties and Undertakings.

By using the Website and/or the Services, the User warrants and undertakes the following conditions:

  1. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law;
  2. Your use of the Website and/or the Services does not violate any applicable laws in India or laws of any other country;
  3. You are responsible for any and all charges to your account and homi.school cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card or User Account.
  4. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USER ACCOUNT AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR
    USER ACCOUNT WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE.
  5. you shall not (and shall not permit any third party to) either

(a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any submission, that:

(i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty;

(ii) is false, misleading, untruthful or inaccurate;

(iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, or fraudulent;

(iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);

(v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information;

(vii) impersonates any person or entity, including any of homi.school’s employees or representatives; and

(viii) includes anyone’s identification documents or sensitive financial information.

The User shall fully indemnify and hold homi.school harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party's failure to comply with the provisions of this section.

Article 2: Features

We may from time to time introduce new features to a service or modify or delete existing features. We shall notify you of any changes made to the existing features or any new feature if we are legally required to do so. By using any new or modified features when they become available, you agree to be bound by the modified terms of this Agreement, including any specific rules and regulations pertaining to those features.

Article 3: Limitation of Liability

homi.school SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDRECT, ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING INFORMATION. homi.school SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, AND EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF homi.school HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. homi.school IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR USE OF OR YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING OUR SERVICES. Homi.school SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS. homi.school ALSO SPECIFICALLY DISCLAIMS ANY LIABILITY OF ANY KIND FOR COSTS OR DAMAGES ARISING OUT OF PRIVATE OR GOVERNMENTAL LEGAL ACTIONS RELATED TO YOUR USE OF ANY OF THE homi.school SERVICES IN ANY COUNTRY. OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $1.

Article 4: Disclaimers

OUR WEBSITE AND THE SERVICES AND ALL OTHER INFORMATION AND CONTENT IN RESPECT OF OUR WEBSITE AND THE SERVICES AND OTHERWISE IN CONNECTION WITH THIS AGREEMENT ARE PROVIDED ON "AS-IS, WHERE-IS" AND "AS AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF OUR WEBSITE AND THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR DIRECTORS, OFFICERS, EMPLOYEES, SERVICE PROVIDERS, AFFILIATES, REPRESENTATIVE AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH OUR WEBSITE AND THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR WEBSITES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO OUR WEBSITE' AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE AND THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE AND THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE AND THE SERVICES, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY OF THE PRODUCTS, SERVICES, OR CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR WEBSITE AND THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED THROUGH OUR WEBSITE AND THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Article 5: Service Levels

The Website does not guarantee that the Services shall be available at all times and the Website shall not be held liable for Service interruptions, outages, equipment failures, scheduled maintenance, or other force majeure conditions like natural calamities, war, explosions, etc. homi.school shall always act in good faith to make amends for any disruptions, loss and delay in the Services. homi.school shall not be responsible for any Services interruptions due to reasons beyond our control or for any unforeseen situations including any technical failures whether the same can be attributed to homi.school or not.

Article 6: Intellectual Property Rights

As between you and us, all of the content included in and as a part of the Website and/or Services including, without limitation, all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphics ("Content"), including all trademarks, service marks, and logos contained therein ("Marks"), including all know-how, trade secrets, inventions, goodwill and other intellectual property rights included in and as a part of our Website and/or the Services ("IP") is the property of, owned by or is licensed to us, and are subject to copyright and other intellectual property rights under laws of India and foreign laws and international conventions(as applicable). We reserve all rights in and to our Website, Services, Content, IP and Marks.

Article 7: Confidentiality

"Confidential Information" means any information or data, regardless of whether it is in tangible form, disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential given the nature of the information and the circumstances surrounding disclosure. "Confidential Information" does not include any information which: (i) is publicly available through no fault of receiving party; (ii) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (iii) was properly disclosed to receiving party, without restriction, by another person without violation of disclosing party's rights; or (iv) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information

Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose such information to any third party without the other party's prior written consent, except as otherwise permitted hereunder. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. Each party may disclose the Confidential Information of the other party, in whole or in part to its employees, representatives, actual or potential investors and subcontractors who have a need to know and are legally bound to keep such information confidential consistent with the terms of this Section. Either party may disclose the Confidential Information of the other party as required by law, upon prior written notice to the other party (where allowed by law); provided that such party will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law.

We may respond to subpoenas, court orders, or other legal requirements, or seek to establish or exercise our legal rights or defend against legal claims.

We believe it is necessary to disclose such information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to physical safety of any person, or violations of homi.school's Terms of Service.

Article 8: Prohibited Activities

You may not access or use our Website and/or the Services for any other purpose other than as stated under this Agreement. Additionally, the following uses and activities of and with respect to us, including our Website and/or the Services, are prohibited:

  1. criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, copyright infringement, patent infringement, or theft of trade secrets or other intellectual property rights;
  2. advertising to, or solicitation of, to buy or sell any products or services, unless authorized by us;
  3. systematic retrieval of data or other content from our Website and/or the Services to create or compile, directly or indirectly, any collection, compilation, database or directory;
  4. engaging in unauthorized framing of or linking to the Website and/or the Services;
  5. transmitting chain letters or junk email;
  6. using any information obtained from our Website and/or the Services in order to contact, advertise to, solicit, or sell to any user;
  7. engaging in any automated use of our Website and/or the Services, or any system or component thereof, such as using scripts to add friends or send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;
  8. use any automatic device, program, or methodology including but not limited to "deep-link", "page-scrape", "robot", "spider" or other such means, or any similar manual process, to access, acquire or copy any portion of our Website;
  9. interfering with, disrupting, or creating an undue burden/load on our Website and/or the Services or the networks or services connected or linked thereto;
  10. attempting to impersonate another user or person;
  11. using the User Account of another user;
  12. selling or otherwise transferring your profile;
  13. using our Website and/or the Services as part of any effort to compete with us or to provide services as a service bureau;
  14. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of our Website and/or the Services;
  15. attempting to bypass any measures of our Website and/or the Services designed to prevent or restrict access to our Website and/or the Services, or any portion of our Website and/or the Services;
  16. harassing, annoying, intimidating or threatening any of our employees or agents engaged in providing any portion of our services;
  17. refer to any website or URL that contains material that is inappropriate according to us;
  18. displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through our Website and/or the Services on behalf of that person, such as posting blogs or bulletins with a commercial purpose;
  19. deleting the copyright or other proprietary rights notice or any portion of our Website and/or the Services (including any content therein and thereof);
  20. use our Website and/or the Services or any content for any purpose that is unlawful or prohibited by this Agreement or applicable laws;
  21. violate any of the terms and conditions of this Agreement or any other terms and conditions contained elsewhere within our Website and/or the Services; and
  22. copy any content, for republication in print or online.

Article 9: Website Management

We reserve the right, but do not have the obligation, to:

  1. monitor our Website and the Services and your use thereto for violations of terms of this Agreement;
  2. take appropriate legal action against anyone who, in our sole and absolute discretion, violates the terms of this Agreement, including without limitation, reporting such person to law enforcement authorities;
  3. in our sole and absolute discretion, remove from our Website and/or the Services, or otherwise disable all files and content, that are excessive in size or are in anyway burdensome to our Website; and
  4. otherwise manage our Website in a manner designed to protect our rights and property and to facilitate the proper functioning of our Website and/or the Services.

Article 10: Indemnity

  1. You agree to defend, indemnify and hold us, our subsidiaries, and affiliates, and their respective directors, officers, employees, shareholders, licensors, suppliers, Service Providers, representatives and agents (collectively, the "Indemnities") harmless from and against, any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any party due to or arising out of and in relation to this Agreement; your use of our Website and/or the Services, including, without limitation your use in violation of this Agreement and/or applicable laws; and/or arising from a breach of this Agreement; and/or any breach of your obligations, representations, warranties, or covenants set forth in this Agreement; and/or arising from your transactions or communications with third-parties initiated via the Website.
  2. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter/dispute for which you are required to indemnify an Indemnitee, and you agree to cooperate, at your expense, with our defense of such claims/disputes. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification provision upon becoming aware of it.

Section 11: Communications and Notices

  1. Except as explicitly stated otherwise, any notices to be given to us shall be given by email to hello@homi.school or such other email address as we may specify from time to time.
  2. Any notices to be given to you shall be given to the email address you provided during the registration process or such other address as you may specify. Notice shall be deemed to be given 24 hours after the email is sent.
  3. For contractual purposes, you: (a) consent to receive communications from us in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement as if it were in hardcopy writing.
  4. We may also choose to send notices by registered mail.
  5. We may communicate with you by SMS, telephone, mobile or by such other mode of communication, electronic, digital, mechanical, analogue or otherwise.
  6. Your use of our Website and/or the Services entitles you to receive periodic communication regarding our or third parties' products and/or services through email, SMS, telephone or by such other mode of communication, electronic, digital, mechanical, analogue or otherwise. You must not complain or take any action in law in case you get messages or emails from us or a third party. If you wish to not receive periodic informational communication from us or such third party, you can unsubscribe to the communication through your account settings.

Article 12: Termination

  1. This Agreement shall remain in full force and effect while you use our Website and/or the Services. You may terminate your use or participation at any time, for any reason, by ceasing to use our Website and/or the Services and notifying us.
  2. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITH ONE DAY’S NOTICE, DENY ACCESS TO AND USE OF OUR WEBSITE AND/OR THE SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN OUR WEBSITE AND/OR THE SERVICES, DELETE YOUR USER PROFILE AND ANY CONTENT, CONTRIBUTION OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE AND ABSOLUTE DISCRETION.
  3. Upon such termination or discontinuance of this Agreement, your right to access and use our Website and/or the Services will terminate immediately. You agree that we will have no liability to you for any costs, expenses, losses, damages, or liabilities relating to such termination.
  4. Any provisions of this Agreement that, in order to fulfill the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfill such purposes.

Article 13: Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the India without regard to conflicts of laws and principles that would cause laws of another jurisdiction to apply. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The User agrees that any dispute arising from or relating to the subject matter of this Agreement shall be governed by the exclusive jurisdiction and venue of the Courts in Mumbai, India.

Article 14: Arbitration and Class Action Waiver

Before bringing a formal legal case, please first try contacting us at hello@homi.school. Most disputes can be resolved that way.

If we can’t help you, then we both can agree to go to binding arbitration, again, in Mumbai, Maharashtra, India.

All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this Agreement shall be submitted for final and binding resolution to a single arbitrator selected by us in accordance with the Arbitration and Conciliation Act, 1996, and any amendments thereof. The venue and the seat of arbitration shall be Mumbai, Maharashtra. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys' fees of the prevailing party shall be assessed against the party against whom the award is rendered.

You agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither you on one hand nor homi.school on the other hand can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding (unless we agree otherwise). And, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other homi.school customers, and cannot be used to decide other disputes with other customers.

Article 15: Modifications

homi.school reserves the right, in its sole discretion, to modify this Agreement, or change, suspend, or discontinue the Website and/or the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you a notice through the Services, via e-mail or by another appropriate means of electronic communication. homi.school may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. Your continued use of the Services following notification of any changes to this Agreement constitutes acceptance of those changes.

Article 16: Consent to Communications

By entering into this Agreement, you consent to the receipt of electronic mail ("e-mail"), text messages and customer service phone communication from homi.school. In addition to sending you text message notifications, homi.school may also send you communications about services and products we believe may be of interest to you. You may opt out of future e-mails and text messages about products or services by contacting us by e-mail at hello@homi.school. homi.school reserves the right, however, to continue to contact you regarding important information relating to your User Account, or this Agreement.

Article 17: Entire Agreement

This Agreement is the entire agreement between you and homi.school with respect to the Services, including use of the Website, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and homi.school with respect to the Services.

Article 18: Force Majeure

No failure, delay or default in performance of any obligation by homi.school shall constitute an event of default or breach of this Agreement to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of homi.school, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster.

Article 19: Assignment

This Agreement is not assignable, transferable or sub-licensable except with homi.school’s prior written consent which consent may be withheld by homi.school. homi.school may assign, transfer or delegate any of homi.school’s rights and obligations hereunder without consent.

Article 20: Publicity

homi.school shall retain the right to use, publish and otherwise disseminate the user’s name, logo, and likeness in homi.school’s marketing material and on the Website, for promotional purposes and for any other lawful purpose. Your hereby expressly acknowledge and agree that homi.school shall have no obligation to use, publish or otherwise disseminate your name, logo, or likeness, by any means and for any purpose whatsoever.

Article 21: No Waiver

homi.school’s failure to enforce any part of this Agreement shall not constitute a waiver of homi.school’s right to later enforce that or any other part of this Agreement.

Article 22: Third Party Beneficiaries

The parties acknowledge that the covenants set forth in this Agreement are intended solely for the benefit of the parties hereto and their successors and permitted assigns. Nothing herein, whether express or implied, shall confer upon any person or entity, other than the parties hereto, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of this Agreement.

Article 23: Heading

The Article and paragraph headings in this Agreement are for convenience only and shall not affect their interpretation.

Article 24: Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect.

Article 25: Language

All communications and notices to be made or given pursuant to this Agreement shall be in the English language.

IMPORTANT NOTICE: Please appreciate that the privacy rights of others are as important as yours. Hence, you may not use the phone recording service being provided at https://www.homi.school/ to violate the privacy rights of others or to access or intercept electronic communications in violation of wiretap statutes. The location of the caller and callee determines what obligations you have to ensure that privacy rights of others are not being violated. We at https://www.homi.school/ will not notify the callee that the phone conversation is being recorded. It’s entirely and solely your responsibility as a caller to ensure that privacy rights of others are being respected.