"Monkwish" "we" "us" or "our" shall mean, Monkwish (OPC) Private Limited, a company registered under Companies Act 2013, having its registered address at 116- A Samar Park Colony, Nipania, Indore, Madhya Pradesh, INDIA - 452010 .
"Users", "You", "Your" shall mean and includes any Institute, its Teachers, Administrators and Students, who accesses the WisOpt or its associated Platforms for availing the Services.
"Platform", "WisOpt Platform" means and includes WisOpt Website, associated websites and WisOpt Mobile App’s developed and owned by Monkwish, to enable the Users to avail the Services through the Platform.
"Services" shall mean Services offered through the Platform, to the Users, which shall include
- Enabling the Institute’s teachers and admins to send instant messages to Students/Fellow Teachers/Institute Authorities.
- To create various groups/classes as per preference and sending specific messages to the members of the groups/classes.
- To share announcement, notification, any relevant information to students.
- To share and display achievements/insights of students/Institutes.
- To keep parents updated about their respective wards and activities in Institute.
- To enhance learning experiences through content, events, relevant information and updates.
"Institute" shall mean and include all the Institution such as College/University’s or any other educational/Learning establishments registered on the Platform.
"Online Stores" means Android and iOS stores or any other online store or portal where the App would be available for download.
Parties to this agreement
Monkwish together with its subsidiaries are the creator of this Platform and accordingly its owners and/or operators are parties to this Agreement.
By using our Services User provide us with information, files, and folders that User submits to Platform (together, "your files"). User retains full ownership of the files. Monkwish do not claim any ownership on any of it. These Terms do not grant us any rights to User’s files or intellectual property except for the limited rights that are needed to render the Services, as explained herein.
We may need User’s permission to do things the User asks us to do with User’s files, for example, hosting files, sharing them at User’s discretion or sending reminders. User gives us the permissions we need to do those things solely to provide the Services. This permission also extends to trust third parties we work with to provide the Services.
Scope of Services
The Platform is use to facilitate communication, collaboration and engagement between the institute, their teachers. administrators and students. Institute may use the Platform to send out instant messages to Students. The Institute may create various groups as per their preferences and specific messages could be sent out to each or all of the groups. The Platform helps Students to receive the messages of any updates notifications, activities or other events instantly on their smartphones.
The Platform provides features that allow User to share the files with others using the Platform. There are many things that Users may do with the files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public, Monkwish has no responsibility for any such activity. Monkwish shall not assume and shall not be liable for any and all claims which may arise do to sharing of such files. You shall be solely responsible for sharing your files.
As a condition to using Services, you must register on the Platform by choosing the role of the User either as the Institute administrator, teacher, or student and thereafter select a password and user name ("User ID"). You will provide Monkwish with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Monkwish reserves the right to refuse registration of or cancel a User ID in its discretion. You will be responsible for maintaining the confidentiality of your password.
User represent, warrant, and agree that no content/details shared by the User on the Platform ("User Content"), violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
User grants Monkwish a personal, limited, revocable, non-transferable and nonexclusive right to use the User Content, for the providing the Services. User also grants Monkwish the right (i) to display User Content on the Platform (ii) promote or distribute it for the access of other Users.
User agrees that any content provided as a result of any communication between User and Monkwish, shall be deemed to be a submission. All content of the submission, shall become the exclusive property of Monkwish and may be used, without further permission,
Users further agree not to use the Platform, or any part thereof,
- To "stalk" or harm any other Users or any other person in any way;
- Impersonate any person or entity, including, but not limited to, Monkwish officer, director, or representative, or falsely state or otherwise misrepresent User’s affiliation with a person or entity;
- Falsify headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted on or through the Web Site;
- Disrupt the normal flow of dialogue in a forum;
- Interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
- "Hack" infiltrate or otherwise seek to gain unauthorized access to, or compromise the integrity of, the Platform;
- Harvest, collect or store information about the other Users or the User Content posted by others on the Platform or use such information for any purpose inconsistent with the purpose of this Platform;
- Use any automated procedure to gather information or data on or from the Platform by means of what is commonly called a "bot" or otherwise;
- User will not violate any local, state, federal, national, rules or regulations.
- Breach or attempt to breach the security of software, network, servers, data, computers or other hardware relating to the Platform or that of any third party that is hosting or interfacing with any part of the Platform or use or distribute on the Platform software or other tools or devices designed to compromise privacy or security; or
- Create any frames at any other Platform pertaining to or using any of the information provided through the Platform, or promotes bonus items, giveaways, random drawings, contests or prizes on the Platform.
Fees and payment; Responsibility for usage charges
Access to and use of few Services and features therein are free, however, Monkwish have premium paid features also, And in future Monkwish may further revamp and enhance the Services or features and thereby may provide new or additional special features which Monkwish may charge for additionally. Therefore, Now and in future Monkwish reserves the right to require payment of fees from requisite Users for certain Services, User will pay all applicable fees for those Services, as will be described on the Services as notice. If User continues to use those Services following such notification, that use constitutes User’s acceptance of any new or increased charges.
Note that, by using the Services, User may receive e-mail or text messages on the phone or mobile device, which may cause the User to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are User’s sole responsibility. User shall consult with his wireless carrier to determine what rates, charges, fees, or costs may apply to User’s use of the Services. Monkwish is not liable for such charges in any manner whatsoever.
Features of Platform
The Platform allows Institute administrators, teachers and Students to stay connected at all times. The key features of this Platform are as under;
The Platform provides notifications to the Students regarding the activities, assignments conducted and other information by the teachers/Administrators for the students.
The Platform provides a feature where the Students shall be updated with the relevent notifications and details.
Creation of Groups/Classes
The Platform provides a feature where the Teachers and Administrators can create different groups/Classes as necessary, to provide notifications, updates, information, suggestions, events etc. depending upon the department and interest of the students. Users understand and agree that, Users membership to a particular group/classes, would be at the sole discretion of the group/class admin ("group/class admin"), who may accept or reject the Users request. The group/class admin can be either teachers, administrator, educational institutes and other related entities ("Educational Institutes") or the Students and teachers ("End Users"). The group/class admin, reserves the right to remove any member of the group. In such case the Platform shall not be responsible for the decision of the group admin. The Users can also through this feature send or receive invite from the other Users to join the group/class. Group/class admin shall only invite those Users whom he wishes to subscribe. It shall be the group/class admin’s responsibility to maintain and monitor the accuracy of the list of Users for each of the respective groups.
If the User is an Educational Institute the Educational Institute must maintain the accuracy of the information relating to the Educational Institution. The Educational Institute shall only permit its teachers and administrators who are the current employees/student of the Educational Institutions to create the groups. Upon termination of employment of the teacher/administrator, the Educational Institute will require such teacher/administrator to delete and cease using the group/class. The Educational Institutes shall reserve the right to add, delete, invite any teacher/administrator to join the group/class. Monkwish shall not be responsible for any such decisions taken by the Educational Institutions.
If the Users are the End Users, the End Users agree and understand that, they shall receive notifications from only those groups/classes, to which the End Users are a member. Once the End Users are a part of a particular group/classes, the existing members of the group/class, shall be able to view personally identifiable information, as well as the, notifications, messages posted on the group/class by the End Users. The End Users can communicate amongst each other by creating such groups/classes. The End Users agree and undertake not to post any message or notification which would hurt the sentiments or feelings of other End Users. The End Users agree that they shall not post any wrong or misleading messages or notification on the groups. Users also agree and understand that, Monkwish do not have any control over the interactions, messages, or notifications that the User receives through the group, neither Monkwish verify the genuineness or reliability of any content shared through such groups.
Copyright and Trademark Notice
Monkwish logo and other trademarks of Monkwish including unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. User agrees that User will not use contents of the Platform to infringe the Intellectual Property Rights of Monkwish in any way. User must not remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notice of ownership from any originals or copies of Monkwish Software, third party software, or any Content accessed on the Platform. All contents of the Platform are: Copyright 2018 Monkwish (OPC) Pvt. Ltd. and/or its subsidiaries. All rights reserved.
User acknowledge that Monkwish does not make any representations or warranties about the material, data, and information, such as data files, text, facts and figures, audio files or other sounds, photographs, videos, or other images (collectively, the "Content") which User may have access to as part of the Services, or through User’s use of this Platform. Under no circumstances, Monkwish shall be held for liable any Content, including, but not limited to: any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via the Platform. User understand that by using this Platform, User may be exposed to Content that is offensive, indecent, or objectionable. User agrees that User shall be solely responsible for reuse of Content made available through the Platform.
License and Rules of Conduct
Subject to terms and conditions of this Agreement, Monkwish hereby grant User a non- exclusive, non-assignable, non-transferable and limited license to use the Platform and the Services, in accordance with this Agreement, only.
Users use of the Services is subject to all applicable local, state, national laws and regulations and the rules. Users agree not to reverse engineer, reproduce, publish, re-publish, dissemble, disseminate, modify, copy, distribute, transmit, display, perform, license, create derivative works from, transfer, or sell any material, service or feature, information, software of the Services and further agree not to use the Services as part of any another application, upload of any virus, use any content for commercial purposes, access or modify partially or otherwise to any source code, track or monitor the other users, do anything that puts an enormous/ unreasonable load on our servers, copy or create derivative work.
Monkwish may in the future, incorporate certain functions that allow you to use the Services through your accounts on certain supported third party services, such as social network platforms etc. ("Linked Accounts"). If you choose to use such features, you understand and agree that Monkwish may be required to access or use your Linked Account, You grant Monkwish the necessary rights as may be required. Your use of Linked Accounts shall always be subject to the rules and regulations or terms of services applicable to such social network platform.
PERTAINING TO THE CONTENTS OF THIS PLATFORM, MONKWISH MAKES NO REPRESENTATION OR WARRANTY, EITHER EXPRESS OR IMPLIED, AS TO ITS ACCURACY, ADEQUACY, SUFFICIENCY, OR FREEDOM FROM DEFECT OF ANY KIND. USERS ASSUME ALL THE RISK OF VIEWING, READING, USING, OR RELYING UPON THIS INFORMATION. UNLESS THE USER HAVE OTHERWISE FORMED AN EXPRESS CONTRACT TO THE CONTRARY WITH MONKWISH, USER HAS NO RIGHT TO RELY ON ANY INFORMATION CONTAINED HEREIN AS ACCURATE. MONKWISH MAKES NO SUCH WARRANTY. USER DOWNLOADS INFORMATION FROM THIS SITE AT THEIR OWN RISK. MONKWISH MAKES NO WARRANTY THAT DOWNLOADS ARE FREE OF CORRUPTING COMPUTER CODES, INCLUDING, BUT NOT LIMITED TO, VIRUSES AND WORMS. ANY MATERIAL UPLOADED OR OTHERWISE DEMONSTRATED THROUGH THE PLATFORM IS DONE AT USER’S OWN DISCRETION AND RISK AND THAT USER WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS ARISING OUT OF UPLOADING ANY SUCH MATERIAL. MONKWISH HAS NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO THE USER. USER ACKNOWLEDGES THAT MONKWISH HAS NO CONTROL OVER, AND NO DUTY TO TAKE ANY ACTION REGARDING WHICH USERS GAINS ACCESS TO THE SERVICES; WHAT CONTENT USER ACCESSES VIA THE SERVICES; WHAT EFFECTS THE CONTENT MAY HAVE ON THE USER; HOW USER MAY INTERPRET OR USE THE CONTENT; OR WHAT ACTIONS USER MAY TAKE AS A RESULT OF HAVING BEEN EXPOSED TO THE CONTENT. USER RELEASE MONKWISH FROM ALL LIABILITY FOR USER HAVING ACQUIRED OR NOT ACQUIRED CONTENT THROUGH THE SERVICES. MONKWISH RESERVES THE RIGHT, AND SHALL HAVE NO OBLIGATION, TO INSPECT, INVESTIGATE, OR EXAMINE, USER’S USE OF THE SERVICES IN ORDER TO DETERMINE WHETHER A VIOLATION OF AGREEMENT HAS OCCURRED OR TO COMPLY WITH ANY APPLICABLE LAW, REGULATION, LEGAL PROCESS OR GOVERNMENTAL REQUEST.
USER AGREES AND UNDERSTANDS THAT, IN THE EVENT OF DISPUTE WITH ONE OR MORE USERS, MONKWISH SHALL NOT BE HELD LIABLE FOR ANY CLAIMS, DAMAGES, DEMANDS(ACTUAL AND CONSEQENTIAL) ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES, INCLUDING DAMAGES FOR LOSS OF PROFITS GOODWILL,PRIVACY OR DATA.
THE PLATFORM IS A PRODUCT OF PROVIDING A LINK FOR COMMUNICATION, COLLABORATION AND ENGAGEMENT BETWEEN INSTITUTE, THEIR TEACHERS AND STUDENTS. THE PLATFORM INCLUDES FEEDBACK, UPDATES, ADVICES, ANALYSIS, NOTIFICATIONS, PROVIDED BY THE TEACHERS AND ADMINISTRATORS TO THE STUDENTS USING THIS PLATFORM. MONKWISH DOES NOT GUARANTEE APTNESS, SUITABILITY, QUALITY, SUCCESS REGARDING ANY SUGGESTIONS SHARED THROUGH THIS PLATFORM. IT IS AGREED AND UNDERSTOOD BY THE USERS THAT, THE PLATFROM DOES NOT HAVE CONTROL OVER THE COMMUNICATIONS, IDEAS OR SUGGESTIONS ETC. PROVIDED THROUGH THE PLATFORM, AND MONKWISH SHALL NOT BE HELD RESPONSIBLE FOR ANY RESULTS, FAILURES DUE TO SUCH COMMUNICATIONS ADVICES FEEDBACKS ON THE PLATFORM.
IT IS ALSO AGREED AND UNDERSTOOD THAT, ANY NOTICE OR UPDATES REGARDING ADMISSION TO ANY INSTITUTE OR COURSES SHALL BE SUBJECT TO AVAILBILITY OF SEATS, GEOGRAPHICAL LOCATION AND OTHER DYNAMIC FUNCTIONS. THE STUDENTS UNDERSTANDS AND ACKNOWLEDGES THAT THE PLATFORM ENDEVOURS TO SHARE INFORMATION, HOWEVER, ULTIMATE DECISION MAKING IS THEIR CHOICE AT THEIR OWN VOLITION AND DISCRETION. THE PLATFORM IS NOT LIABLE FOR ANY OUTCOME OF ADVICE GIVEN IN WHATSOEVER MANNER.
USERS AGREE AND UNDERSTAND THAT THEY SHALL NOT COMMUNICATE, POST, NOTIFY OR MAKE ADVICE REGARDING ANY INFORMATION WHICH IS FALSE, MALAFIDE WHICH MAY MISGUIDE THE OTHER USERS OR WHICH MAY RESULT INTO AFFCETING THE ACADEMIC PROGRESS OF THE STUDENTS. THE USERS SHALL NOT USE THE PLATFORM OR UPLOAD ANY CONTENTS WHICH HURT THE EMOTIONS OR SENTIMENTS OF OTHER USERS.
YOU UNDERSTAND AND ACKNOWLEDGE THAT THE INSTITUTE TEACHERS AND THE SERVICE PROVIDERS LISTED ON THE PLATFORM ARE NOT OUR AFFILIATES AND ARE INDEPENDENT ENTITIES, PROVIDING YOU THE SERVICES WHICH ARE AS PER YOUR REQUIREMENTS. WE ESPECIALLY DISCLAIM ANY OBLIGATIONS, LIABILITIES OR RESPONSIBILITIES IN RELATIONS TO ACADEMIC ADVICES, NOTIFICATIONS, UPDATES OR ANY OTHER SIMILAR ADVICE PROVIDED TO YOU THROUGH THE PLATFORM. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELEVANCE OF SUCH ADVICE OR ANY SIMILAR INFORMATION PROVIDED THROUGH THE PLATFORMPROPELUM SHALL NOT ACCEPT ANY RESPONSIBILITY FOR ANY INTERACTION BETWEEN YOU AND THE RELEVANT THIRD PARTY AND IS RELEASED FROM ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH INTERACTION. MONKWISH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND/OR OTHER MEMBERS AND/OR THIRD- PARTY PROVIDERS OF PRODUCTS OR SERVICES
Limitation of Liability
USER UNDERSTAND AND AGREE THAT MONKWISH SHALL NOT BE LIABLE TO THE USER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MONKWISH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE , ITS SERVICE; (ii) PROCUREMENT OF GOODS AND SERVICES, INFORMATION OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM AND/OR ITS SERVICE; (iii) ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE PLATFORM AND/OR SERVICE.
Fees once paid through the payment gateway shall not be refunded other than in the following circumstances: Multiple debits from the End Users’ Card/Bank Account or End User's account being debited with excess amount in a single transaction due to system or technical error. It is clarified that if fees the transferred to Educational Institutes account, then the refunds shall be subject to the approval of the Educational Institutes. Monkwish and/or the Educational Institutes, shall, only in these cases, refund the excess amount excluding the payment gateway charges, including but not limited to TDR, service tax and convenience fees to be paid to the payment gateways, to the End User. The End Users understands that no refund shall be processed after a period of 180 days from the date of completion of the transaction for which they are seeking refund. The End User will have to make an application for refund along with the transaction number generated at the time of making payments. The application will be processed after verification, if the claim is found valid, the appropriate amount will be refunded by the Monkwish, through electronic mode in favour of the End User.
The Educational Institutions hereby agree that all refunds and chargebacks shall be their sole responsibility and Monkwish shall not be liable for any claims or disputes which may arise in connection with such refunds or chargebacks. The Educational Institutions agrees to indemnify Monkwish in respect of any claims, disputes, penalties, costs and expenses arising directly or indirectly in relation to refunds or chargebacks for all transactions initiated and instructed through Website.
This Agreement will remain in full force and effect while the user use the Services. User may terminate User’s use of the Services or User’s account at any time by contacting us at info@WisOpt.com Monkwish may suspend or terminate User’s access to the Services, Platform or User’s account at any time, for any reason (without cause or for User’s violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with User’s membership. Upon termination of User’s account, User’s right to use the Services, access the Platform, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Assignment: User may not assign any of User’s rights in these Terms, and any such attempt is void, but Monkwish may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
Force Majeure: Without limiting the foregoing, under no circumstances shall Monkwish be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Platform resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labour, fluctuations in heat, light, fire or air.