Terms & Conditions of ERP Software
The ERP@Weblink (“WI-ERP”) is an electronic web based platform for automation and management of data for educational institutions. It is a service offered by WeblinkIndia.NET which is owned and managed by Weblink .IN Pvt. Ltd. ("Company") with its registered office at 33 & 33A, Rama Road, Industrial Area, Near Kirti Nagar Metro Station, New Delhi, 110015 (India).
For the purpose of Terms, wherever the context so requires,
- “User” is any person who accesses the WI-ERP regardless of whether the said User is a Guest member or Registered member who may be a paying customer or not. The User includes any person using WI-ERP and any legal entity which may be represented by such person under actual or apparent authority.
- “Paid Services” shall refer to the subscription-based services offered by WI-ERP.
- “Third Party” refers to any API, Application, Module, Company or individual apart from the User and the Company.
- Any and all use of this service is subject to, and constitutes acknowledgment and acceptance of, the following Terms and Conditions ("Terms") and no signature or express act is required to make the Terms binding on the User.
- It is mandatory for all users of the WI-ERP to have read carefully, fully understood and be in total agreement to the below mentioned Terms before they proceed to use any of the services of the WI-ERP ("Services").
- The Services are available only to educational institutions which can form legally binding contracts under the Indian laws. The User shall need to register with WI-ERP and only after providing valid and information a User account shall be created for access and use of the Services.
- The User expressly agrees and acknowledges that these Terms and Policy are co-terminus in nature and that expiry/termination of either one will lead to the termination of the other except for the clauses that govern copyright, protection, privacy etc.
- The User is completely aware and agrees that the Company reserves all the right to provide the Services to all and any other such institution without any difference in deliverables.
- Any previous agreements between the User and the Company shall not be applicable if in conflict with this agreement. In case the Company chooses to not enforce any provision at any time, it doesn’t mean that Company has given up the right to enforce the same at a later stage and such failure cannot be deemed as a reason for any waiver.
- The User agrees to accept communications (through Calls/Chat/ Mails/SMS) on the numbers made available during registration or subsequently, via registration forms, feedbacks or any such form that has provision for phone number / mobile number irrespective of being on Do Not Call Registry; which include educational institution / your number / an assigned point of contact; with respect to the subscribed Services.
- The Users agree and acknowledge that they are a restricted user of WI-ERP who shall use it solely for the defined purposes of school management and related. In case the User is a minor (as in case of school students, it would be the responsibility of their immediate guardian to monitor the minor’s use, the Company will not be liable for any consequences.
- The Users agree and acknowledge that all other information submitted to WI-ERP during the registration process is true, accurate, current and complete and assure that they shall maintain and promptly update such information in case of any changes so that it stays accurate and relevant.
- Each User agrees that it shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through WI-ERP for the purpose of re-selling or re-distributing, operating a business that competes with WI-ERP, or otherwise commercially exploiting the WI-ERP.
- The Users be aware that the servers belongs to third party and the continuation to access the services are subject to availability as the same may be interrupted at times by technical problems /hackers etc. and WI-ERP or the Company is not responsible for the costs/damages/extension of activation period etc. for the same in any manner under any circumstances.
- The Company reserves the right to change, add or delete any part or entire feature to the Service at any time without any prior intimation and just by updating the same in features list or Terms keeping in mind the interest of the Users and the same needs no confirmation or consent of the members. No requests for modifications or alterations to the applied changes would be entertained.
- No User shall undertake any scheme to undermine the integrity of the computer systems or networks used by WI-ERP and/or any other User and no User shall attempt to gain unauthorized access to such computer systems or networks. No user shall take any action, which imposes an undue or disproportionate large load on our infrastructure.
- The User shall create the educational institutes account and post necessary verification add / shift the relevant data, create requisite users as per their own requirements and grant access to different modules by modifying the access rights.
- The Users may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer a User Account, User ID or Password to a third party without the prior written consent of the Company. The Company reserves the right to suspend or terminate the User Account in the event of a sale, offer to sell, gift, assignment or transfer in violation of this Section.
- In the case of a conflict with respect to User Account ownership, the Company reserves the right to seek requisite documentation to verify the ownership status. The Users agree to provide all the documentation as requested to avoid termination. In case the Company is unable to resolve the doubts, it may temporarily deactivate the User account till the matter is resolved.
- The Company provides access rights of the ERP platform for a subscription period on paid basis. The Service shall be terminated if the Payment is not processed as per the due Billing date. The Payment may include the Subscription Fees, Transaction Fees and other add-ons as and when applicable.
- The Company reserves the rights to change the policies from time to time as required including.
- The Company reserves the unrestricted and discretionary right to change, rearrange, add, alter or delete deliverables/features at any time as and when required.
- The Company further also reserves, the right to levy charges on the new services and/or for some or all of the existing services. Such amendments shall automatically become effective once implemented on WI-ERP. The Company shall endeavor to notify the Users of such change and its effective date.
- The Company shall not be held liable directly or indirectly for any loss or damage while initiating the Payment arising due to authorization and limit issues.
- The Company may provide facility for Third Party integrations but the sole responsibility of acquiring, paying for these services shall lie with the User and the Company shall not be held liable for any issues related to the Third Party Services
- Refund / Money Back Policy: Once subscribed, the payment made by the Users is not refundable and no claim for refund would be entertained.
Intellectual Property Rights
- The Users shall have sole authority on and responsibility for all the data that is uploaded or stored by the Users using WI-ERP. The Users have full and unequivocal rights on the data stored by them and shall be responsible for all necessary compliance. The Users hereby consent that they will not use WI-ERP to infringe the intellectual property rights of any other party. The Users agree that failure to comply with the same may lead to termination or removal of such infringing content.
- The Users shall be solely responsible for all the activities and content such as data, graphics, photos and links that is uploaded under your defined User Account.
- All logos, brands, trademarks, registered marks ("Marks") appearing in WI-ERP are the properties either owned or used under license by the Company and / or its associates. All the rights accruing from the same, statutory or otherwise and intellectual property rights wholly vest with the Company /its associates. All rights not otherwise claimed under this Agreement or by the Company / its associates are hereby reserved.
- The access to WI-ERP does not confer upon the User any license or right to use these Marks and therefore the use of these Marks in any form or manner whatsoever is strictly prohibited. Any violation of the above would constitute an offence under the prevailing laws of India.
Limitation of Liability
- The features and services on WI-ERP are provided on an "as is" and "as available" basis, and WI_ERP hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose.
- The Company makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or correctness of any information provided on or through the WI-ERP. The Company does not warrant that the Service shall be uninterrupted, timely, secure, or error-free.
- Any material downloaded or otherwise obtained through the WI-ERP is done at each User's sole discretion and risk and each User is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material.
- Under no circumstances shall the Company be held liable for an delay or failure or disruption of the content or services delivered through the WI-ERP resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
- Each User hereby agrees to indemnify and save the Company, its affiliates, directors, officers and employees harmless, from any and all proceedings, losses, claims, expenses, liabilities (including legal costs on a full indemnity basis) which may arise from use of the Services or from its breach of any of the terms and conditions of this Agreement.
Termination of Services
- As long as the User continues to access and use the Services, the said Terms shall continue to form a valid and binding contract between the Parties.
- The User needs to notify the Company in case they wish to discontinue using the services.
- The Company reserves the right to reject a request for access, partially suspend the User’s access to certain features, panels, access points or fully terminate a User's Account at any time without assigning any reason or notice to the User, if any discrepancy or legal issue arises.
Matter of Disputes and Jurisdictional Aspects
- For any kind of legal dispute related to WI-ERP would be dealt in only territory of Delhi. All the legal issues are subjected only to pertinent contemporary's laws in force at New Delhi to the jurisdiction of courts located in New Delhi only.
Governing Law and Jurisdiction
- This Agreement and any dispute or matter arising from incidental use WI-ERP is governed by the laws of India and the Member and the Company hereby submit to the exclusive jurisdiction of the courts at Delhi, India. This Agreement, accepted upon use of the Site and further affirmed by becoming a Member of the WI-ERP, contains the entire agreement between you and WI-ERP regarding the use of the Site and/or the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.