1. Description of the Service
The Classe365 Service (the “Service“, “Services”), as further described on the website www.Classe365.com (the “Site“), enables education institutions to manage student and administrative activities. This includes functionalities including but not limited to student 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 Classe365 and accessed by you in connection with the Service; (iii) the products, services, and features made available or provided to you by Classe365 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.
2. Subscription to the Service
Subject to your compliance with these Terms, and payment of applicable fees, Classe365 hereby grants you, and you accept, a worldwide, non-exclusive, non-transferable, non-sublicensable, and fully revocable right to access and use the Service during the Term (defined below) for the subscribingeducation institution only. Your subscription to the Service is limited to the number of your students designated in the Order Form (“End Users“). “Order Form” (“Registration Form”) means Classe365’s then current order form that you enter into with Classe365 prior to registering for the Service.
Classe365 reserves the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. All prices are exclusive of taxes (VAT,GST or otherwise), which may or may not be added to the price, depending on applicable law and the legal residence of the Customer.
Classe365 Service is billed in advance either on a monthly or yearly basis depending on selection made during payment and is non-refundable. Payment shall be made automatically by charges assessed against the Customer’s credit card or by other designated payment method, as noted on the Classe365 website.
There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
Classe365 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.
In case of non-payment for any reason or any violation of these Terms and Conditions, Classe365 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.
In case of termination of account, Classe365 reserves the right to impose a reconnection fee in the event Customer requests to resume access to the Service. Customer agrees and acknowledges that Classe365 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.
Access to the Service is available at http://www.classe365.com. Classe365 supports both full and mobile webpage formats. Upon entering into a contract with the Customer or User, Classe365 will provide the Customer or User with a username and password for accessing the Service.
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.
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 Classe365 for all claims and losses related to such acts and omissions.
5. Service Level
Classe365 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 Classe365, 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, Classe365 may use reasonable efforts to attempt to restore data from the most recent working backup; provided, however, Classe365 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.
6. Your Content
In the course of using the Services, you may provide information which may be used by Classe365 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 Classe365 or in connection with the Service (collectively, “Your Content”), Classe365 hereby is and shall be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, sub-licenseable 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 Classe365’s provision of the Services. For clarity, the foregoing license grant to Classe365 does not affect your ownership of or right to grant additional licenses to the material in Your Content.
Classe365 does not own any data, information or material that You or others submit to the Service in the course of using the Service ("Uploaded Data"). You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use any and all Uploaded Data that You submit. Classe365 shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Uploaded Data.
The Customer and/or User are fully liable for the legality of all Uploaded Data stored by the Customer and/or User on the Service. Furthermore the Customer and/or User is fully liable, if such Uploaded data is infringing upon third party rights, and accordingly agrees to indemnify Classe365 for all claims and losses related to such infringement and/or illegality.
If Classe365 on its own or through any third party has notice that Uploaded Data stored by the Customer and/or User is in violation of any law or infringes third party rights, Classe365 shall have the unfettered right to - without liability to the Customer or User - immediately suspend access to such data without prior notice to the User or Customer. The Customer and/or User may be notified by Classe365 of any such action under this Section, when reasonable and possible.
Upon request by the applicable Customer and/or User, Classe365 may remove, modify, edit or otherwise alter any applicable Uploaded Data.
8. Cancellation and Termination
Management, Administration and Cancellation of your account is Your responsibility. In case of cancellations the Customer is required to cancel and notify Classe365 through their administration section. If you cancel the Service in the middle of a paid year or month, the Service will remain active until the end of the current paid year or month. It is Customer’s responsibility to backup any data and/or information from the Service within the expiry of the subscription period. Once the subscription period expires, Classe365 will at its discretion, delete the Customer’s data and/or content from the Service. Deleted data and/or content cannot be recovered.
Classe365 may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Classe365 may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
9. Your Responsibilities
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 Classe365 immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to Classe365 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 Classe365 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, Classe365 reserves the right to suspend the service.
11. Registration and Security
As a condition to using some aspects of the Services, you may be required to register with Classe365 and set a password and user name (“User ID”, “Account Login”). You shall provide Classe365 with accurate, complete, and updated registration information. Failure to do so shall 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 and/or Account Login a name of another person with the intent to impersonate that person; or (ii) use as a User IDand/or Account Login a name subject to any rights of a person other than you without appropriate authorization. Classe365 reserves the right to refuse registration of or cancel a User IDand/or Account Login in its discretion. You shall be responsible for maintaining the confidentiality of your and your password.
12. Intellectual Property Rights
Classe354 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 Classe365 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, Classe365 technology, or intellectual property rights. The Classe365 name, the Classe365 logo, and the product names associated with the Service are trademarks of SproutOnWeb Pty. Ltd or its affiliated companies, and no right or license is granted to use them.
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 Classe365.com and the Service including text and graphics, excluding Uploaded Data, d) trademarks, names etc. are the sole property of Classe365 and its affiliated companies, and/or third parties having granted Classe365 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.
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.
The Customer and/or User retain all intellectual property rights to Uploaded Data stored by such Customer and/or User on the Service.
You will indemnify and hold Classe365, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement or applicable laws, rules or regulations in connection with your use of the Services, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
14. Modification to Terms
Classe365 reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Classe365 website at https://Classe365.com/site/terms-and-conditions. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
This section was updated on 30th November 2014.