1. By using our site, you accept these terms:

1. Welcome to our website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use for all GICTSYS products and services. If you disagree with any part of these terms and conditions, please do not use our website. The term 'GICTSYS' or 'us' or 'we' refers to the owner of the product website. GICTSYS offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.


2. The GICTSYS Service (the "Service", "Services"), as further described on the website www.Gictsys.com (the "Site "), enables education institutions to manage student and administrative activities. This includes functionalities including but not limited to student eLearning platform, information system and learning management system. The Service is made available to you through the Site and includes (i) the Site; (ii) any software that is made available to you by GICTSYS and accessed by you in connection with the Service; (iii) the products, services, and features made available or provided to you by GICTSYS in connection with the Service; and (iv) the content, text, documents, descriptions, products, graphics, photos, sounds, videos, interactive features, trademarks, service marks and logos, contained in or made available through the Service.


3. By visiting our site and/ or purchasing something from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Terms of Service", "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

2. There are other terms that may apply to you

1. These terms of use refer to the following additional terms, which also apply to your use of our site: Our Privacy Policy. See further under How we may use your personal information. Our Acceptable User Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable User Policy.

3. We may make changes to these terms

1. Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. By using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.

4. We may make changes to our site

1. We may update and change our site from time to time to reflect changes to our software, our users' needs and our business priorities.


2. The content of the pages of this website is for your general information and use only. It is subject to change without notice.

5. Payments

1. GICTSYS Service is billed in advance either on a monthly or yearly basis depending on selection made during payment and is non-refundable.


2. The Customer must pay the Charges by bank transfer or any payment method mentioned in website. (www.Gictsys.com)


3. You will pay the Fees applicable to your subscription to Online Service and/or 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 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".


4. If the client defaults on any payment schedule, We reserves the right to stop the software from functioning partially or completely. No Support will be offered for the software in case of default in payment. We also disclaim responsibility of any data loss that might occur if the providers truncate your installation due to non-payment of dues.


5. All amounts stated in or in relation to this Agreement are, unless the context requires otherwise, stated exclusive of any applicable value added taxes, which will be added to those amounts and payable by the Customer to the Licensor.


6. If the Customer does not pay any amount properly due to the Licensor under this Agreement, the Licensor may charge the Customer fine on the overdue amount at the rate of 10% per annum rate from time to time (which interest will accrue daily until the date of actual payment and be compounded at the end of each calendar month).


7. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.


8. GICTSYS is entitled to adjust the prices, functionality and number of Users or Items for the Service from time to time. Adjusted prices shall take effect upon any subsequent term of the Service. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.


9. In case of non-payment for any reason or any violation of these Terms and Conditions, GICTSYS shall be entitled - without liability - to immediately bar Customer's access to the Service and bar access to the service plan in question, and to terminate Customer's account.


10. In case of termination of account, GICTSYS reserves the right to impose a reconnection fee in the event Customer requests to resume access to the Service. Customer agrees and acknowledges that GICTSYS has no obligation to retain Uploaded Data and that such Uploaded Data may be irretrievably deleted if the account is 30 days or more delinquent.


11. You are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of GICTSYS's products and services. These Taxes are based on the rates applicable to the region billing address you provide to us. Such amounts are in addition to the Fees for such products and services and will be billed to your payment method. 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.

6. MODIFICATIONS TO THE SERVICE AND PRICES

1. Prices for our products are subject to change without notice.


2. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.


3. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

7. Data Backup

1. Service Level: GICTSYS will at all times reasonably attempt to achieve the highest possible availability and shortest possible access time of the Service, but no warranties of any kind, regarding any specific availability or time of access are granted. The Service is hosted by GICTSYS, or a subcontractor of its choice. All data stored as part of the Service may be backed up on a regular basis. If Customers with a subscription plan experience loss of data, GICTSYS may use reasonable efforts to attempt to restore data from the most recent working backup; provided, however, GICTSYS gives no warranties with respect to recovering or restoring any lost Customer data. The User or Customer is always encouraged to make its own backups of all data stored on the Service.

8. Do not rely on information on this site

1. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

9. Copyrights, Trademarks, and Service-marks

1. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.


2. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.


3. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).


4. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.


5. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

10. We are not responsible for websites we link to

1. From time to time, this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

11. Cancellation And Termination

1. You may cancel your Account at anytime by emailing Support@gictsys.com, then following the specific instructions indicated to you in GICTSYS's response.


2. Any outstanding balance owed to GICTSYS for your use of the Services through the effective date of such termination will immediately become due and payable in full; and


3. your Portal website will be taken offline.


4. 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.


5. These Terms are effective unless and until terminated by the Company. The Company may terminate all or part of the Site at any time without notice to you. Upon any termination of these Terms or the Site, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.


6. A breach or violation of any of the Terms will result in an immediate termination of your Services.


7. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.


8. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

12. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

1. We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.


2. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.


3. Your Content: In the course of using the Services, you may provide information which may be used by GICTSYS in connection with the Services. You understand that by providing content, materials or information (including without limitation information relating to your end user customers) to GICTSYS or in connection with the Service (collectively, "Your Content"), GICTSYS hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licensable and transferable right to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of Your Content (including all related intellectual property rights) in connection with GICTSYS's provision of the Services. For clarity, the foregoing license grant to GICTSYS does not affect your ownership of or right to grant additional licenses to the material in Your Content. You also acknowledge and agree that GICTSYS may use Your Content internally for improving the Services, and on an anonymized and aggregate basis for the purposes of marketing and improving the Services. However, GICTSYS will only share your personally identifiable information in accordance with GICTSYS's privacy policy in effect from time to time and located at https://www.gictsys.com/privacypolicy, and GICTSYS will never contact your end user customers directly except as expressly authorized by you in connection with GICTSYS's provision of the Services.


4. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

13. You must keep your account details safe

1. To use our site and download the software contained on it you must register for an account on our site. You will choose a password upon registration which you must treat as confidential. You must not disclose it to any third party. You are responsible for ensuring that all data provided to us on registration is accurate and complete and must report any changes in registration data to us without undue delay at support@gictsys.com. We have the right to disable any password, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use. If you know or suspect that anyone other than you knows your password, you must promptly notify us at support@gictsys.com.

14. Customer Account Access

1. Access: Access to the Service is available at https://www.gictsys.com. Upon entering into a contract with the Customer or User, GICTSYS will provide the Customer or User with a Customer Control Panel(Username, Password) and customer subdomain account for accessing the service


2. Access to the Service is only available to the Customer and Users, subject to compliance with these Terms and Conditions and, in the case of Customer, making the applicable payments for the Service under this Agreement.


3. Usernames and passwords are personal, and are to be considered part of Confidential Information. The User or Customer is at all times fully liable for all acts and omissions by Users whom the User or Customer has granted access and agrees to indemnify GICTSYS for all claims and losses related to such acts and omissions.


4. You acknowledge that GICTSYS will use the email address you provide as the primary method for communication.


5. The person signing up for the Service will be the contracting party ("Account Owner") for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.


6. If you are signing up for the Service on behalf of your employer/Institution Head, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.

15. Cookies

1. This website uses cookies to monitor browsing preferences. If you do allow cookies to be used, some personal information may be stored by us for use by third parties.

16. OUR PRODUCTS OR SERVICES

1. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our policy.


2. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.


3. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.


4. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

17. We are not responsible for viruses and you must not introduce them

1. We do not guarantee that our site will be secure or free from bugs or viruses.


2. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.


3. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

18. PERSONAL INFORMATION

1. Your submission of personal information through the store is governed by our Privacy Policy.

19. ERRORS, INACCURACIES AND OMISSIONS

1. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).


2. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

20. PROHIBITED USES

1. (a) for any unlawful purpose;
   (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
   (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
   (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
   (f) to submit false or misleading information;
   (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
   (h) to collect or track the personal information of others;
   (i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
   (j) for any obscene or immoral purpose; or
   (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

21. Intellectual Property Rights

1. GICTSYS alone (and its successor or assigns, or its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the GICTSYS technology, the content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by You or any other party relating to the Service. This Agreement is not a sale and does not convey to You any rights of ownership in or related to the Service, GICTSYS technology, or intellectual property rights. The GICTSYS name, the GICTSYS logo, and the product names associated with the Service are trademarks of GICTSYS or its affiliated companies, and no right or license is granted to use them.


2. All copyrights and/or other intellectual property rights, title and interests in
   a) software on which the Service is based and made available to the Customer and/or User,
   b) source codes or other software components of the Service,
   c) content of the website Gictsys.com and the Service including text and graphics, excluding Uploaded Data,
   d) trademarks, names etc. are the sole property of GICTSYS and its affiliated companies, and/or third parties having granted GICTSYS license for its use, and the Customer and/or User shall gain no rights to said intellectual property rights other than the limited right of use as stipulated in this Agreement.


3. The Customer and/or User shall not reproduce or redistribute any software, content or trademarks, intellectual property in any form, except as allowed in this Agreement.


4. The Customer and/or User retain all intellectual property rights to Uploaded Data stored by such Customer and/or User on the Service.


5. Verbal or written abuse of any kind (including threats of abuse or retribution) of any GICTSYS customer, GICTSYS employee, member, or officer will result in immediate Account termination.


6. GICTSYS retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful owner. If we are unable to reasonably determine the rightful Account owner, GICTSYS reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

22. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

1. We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.


2. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.


3. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.


4. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.


5. In no case shall GICTSYS(SMC) Pvt Ltd, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

23. INDEMNIFICATION

1. You agree to indemnify, defend and hold harmless GICTSYS and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

24. ENTIRE AGREEMENT

1. The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.


2. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).


3. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

25. RETURNS

1. Gictsys.com website and mobile platforms offer intangible services for sale such as online/cloud-based School Management System with all tools. Because the product is not delivered to buyer, there is no return procedure. As the result of signing agreement, School Management Software services with all platforms will be used for the defined period . When the GICTSYS product/service agreement starts, service/product hence no return is possible.

26. REFUND

1. When a buyer institution starts to receive GICTSYS services then it is not possible to return or refund.

27. DELIVERY

1. Gictsys.com website offers intangible services for sale such as online School Management Systems. Because the product is bought and delivered online, there is no delivery protocol. After the user purchases the product through the website, purchase details will be emailed to the user. GICTSYS(SMC) Pvt Ltd is not responsible for cases that this or any email delivery is failed due to spam filter or email server issues beyond GICTSYS (SMC) Pvt Ltd control. Users can always get information through support email address at support@gictsys.com

28. GOVERNING LAW

1. These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws

29. Training & Support

1. The Licensor shall make available to the Customer and shall be available to the Customer at the following times: from 9:00 to 13:00 and from 14:00 to 17:00 CET time, on Business Days only.


2. The Support will be made available to the Customer by email, by phone or by access to specific guide instructions.


3. The Customer may use the helpdesk for the purposes of requesting and, where applicable, receiving the Support Services; and the Customer must not use the helpdesk for any other purpose.


4. The Licensor shall respond promptly to all requests for Support Services made by the Customer through the helpdesk according to the Term.


5. Questions about the Terms of Service should be sent to Support.

30. YOUR RESPONSIBILITIES

1. 1. You are responsible for all activity occurring under your User or Customer account and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. In addition, you shall be responsible for abiding by any and all internal policies, procedures and regulations, which are required, by your institution and/or the applicable Users and/or administrators of your account. You shall:
   (i) notify GICTSYS immediately of any unauthorized use of any password or account or any other known or suspected breach of security;
   (ii) report to GICTSYS immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by You or other users to violate this Agreement or the intellectual property rights of third parties; and
   (iii) not impersonate another GICTSYS user or provide false identity information to gain access to or use the Service. By accessing the Service, You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your billing information is correct. In case of breach, GICTSYS reserves the right to suspend the service.


2. You must not transmit any worms or viruses or any code of a destructive nature.

31. Third Party / Optional Tools

1. We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.


2. You acknowledge and agree that we provide access to such tools" as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.


3. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).


4. We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

32. THIRD-PARTY LINKS

1. Certain content, products and services available via our Service may include materials from third-parties.


2. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.


3. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

33. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.


2. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.


3. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.