- Yokibu turns every classroom into a safe and secure online community where parents, teachers and students can share and collaborate on projects, assignments and much more.
- The Service is presented to you by Pasonet Technologies Private Limited., ("Yokibu", "we", "us" or "our") a private limited company registered in India. The content brought to you through the Service is for information purpose only. Before you act on any information that you find through the Service, Yokibu requests you to confirm any facts that are important to you, your children, and the decisions you make as a parent or a teacher. Yokibu reminds you that content posted in this Service is not a substitute for professional, medical advice, diagnosis or treatment. Advice received via this Service should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation.
- We may change, discontinue or deprecate any of the Service (including the Service as a whole) or change or remove features or functionality of the Service from time to time. We will notify you of any material change to or discontinuation of the Service.
SCHOOL SIGN UP and SUBSCRIPTION
- Schools can sign up for Yokibu Services and a school that subscribes and signs up for our Service is called a Yokibu Partner School ("Partner School").
- Generally, Yokibu Services are offered to Partner Schools for a subscription fee on yearly basis with the year coinciding with the Partner School's academic year.
- Students/Children below age 18 ('Minor') are registered only after express consent from authorized school authorities or parents to use the Service for the benefit of the student's collective learning experience. Students will register with their security code issued to them through the respective school authorities or parent or guardian. Teachers/Administrators and Parents will require a unique email address ('user name') and password combination in order to use the features and functions of the Service (including but not limited to) Message Feeds, discussion boards/forums, user-generated pages, messaging services and others.
- If you are a registered user, you may not (1) select or use a user name of another person with the intention of impersonating that person, (2) use a user name of anyone else without authorization, (3) use a user name in violation of the intellectual property or other legal rights of any person or (4) use a user name that Yokibu considers, in its sole discretion and for any reason, inappropriate. (3) use phone numbers including mobile number of another person with the intention of impersonating that person. Your user name and password are personal to you, and you may not allow any others to use your user name or password under any circumstances. You are solely responsible for maintaining the strict confidentiality of your user name and password and for any charges, costs, expenses, damages, liabilities and losses we incur or may suffer as a result of your failure to do so.
- You, and not us, are solely responsible and liable for your activity, behavior, use and conduct while engaged with the Service, and for any other use of the Service or any other activity or conduct in connection with the Service by any others who use your user name or password, unless and until you notify us that your user name or password may have been compromised, misappropriated or improperly taken or used by another party. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of your user name or password or any other need to deactivate your user name or password due to security concerns.
INVITATIONS and USER SIGN UP
- Teachers/Administrators can become members only by invitations from Yokibu on behalf of the Partner Schools. By subscribing to our Services at any point in time, as a Partner School, you and your school management explicitly agree to share forever with Yokibu, all information about your school parents, students, teachers and admins that you provided to us and that Yokibu reserves the right to offer Service and to send additional information and offer relevant and valuable, paid or free products and services, now and in the future, directly to them until such time when the individual user either unsubscribes or requests for disabling his/her account with us.
- Details of Parents and Students of Partner Schools are pre-registered on Yokibu through the Partner School and they are notified through Email / SMS. Parents can then sign up and choose their password for the Service either on Site or through Mobile/Tablet Apps.
USER POSTINGS AND CORRESPONDENCE
- The Service may contain discussion boards, user-generated or school-generated pages such as blogs, messaging services and other interactive features which allow you and other users to post information, provide feedback to Yokibu, and interact in real-time. If your child's school is a Yokibu Signed school, your school will be able to post or send messages on Yokibu and alert you through email and SMS and mobile/tablet apps. To the extent that portions of this Service provide users and schools an opportunity to post and/or exchange information, ideas, opinions, photographs, images, video, creative works, messages or any other material (individually and collectively, the "Postings"), please be advised that Postings do not necessarily reflect the views of Yokibu. In no event shall Yokibu assume or have any responsibility or liability for any Postings or for any claims, damages, or losses resulting from their use or appearance on or transmission via the Service.
- Responsibility for Postings lies with each user and school. You alone are responsible for the content of your messages and the consequences of any such messages. Please take a moment to reflect on your messages before posting or sending as in some cases, you cannot edit or delete the messages once posted or sent. Please do not post or send any personally identifiable information in public areas, especially the message feeds and discussion boards as all users who have access to the respective feeds, can see your messages regardless of whether they are your friends or not. Please do not post in haste. Please consider your words and tone carefully, and then respond in a respectful and serious manner.
- We do not claim ownership of any messages that you may post or submit or send. However, by submitting messages to public areas of the Service, you hereby grant Yokibu, our affiliates and other users the non-exclusive right to use, reproduce, modify and distribute your messages/posts. in whole or in part, throughout the universe in perpetuity in any and all media, now known or hereafter devised, alone, or together or as part of other material of any kind or nature. Without limiting the foregoing, Yokibu will have the right to use, copy, display, perform, distribute, adapt, modify and re-format the messages/postings in any manner that Yokibu may determine. You agree that Yokibu and our affiliates may identify you as the author of any of your messages/postings by name, email address or user name as Yokibu sees appropriate, in its sole discretion. You acknowledge that messages/posts may be indexed by online search engines such as Yahoo! and Google.
- In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or local emergency medical services. Yokibu may (but is under no obligation to) pre-screen messages/posts and sweep its discussion boards and other areas of the Service periodically in its sole discretion. That said, Yokibu is most often a passive conduit of the information that you and other users submit.
- Yokibu saves user messages on the cloud and allows access to older messages through the Service. However, Yokibu reserves the right to delete old messages after a reasonable period of time.
You may use the Service only for lawful, non-commercial purposes.
You may not submit or transmit through the Service (whether via discussion boards, user-generated pages, messaging services or otherwise) any material, or otherwise engage in any conduct online and offline using information from the Service, that:
- violates or infringes the rights of others, including without limitation patent, trademark, trade secret, copyright, publicity or other proprietary rights;
- involves uploading, posting, emailing, transmitting or otherwise making available any message/post that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- is unlawful, threatening, abusive, hateful, defamatory, slanderous, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, pornographic, vulgar, profane, obscene, or any other information that Yokibu deems in its sole discretion to be inappropriate for the Service;
- victimizes, harasses, "stalks," degrades, attacks or intimidates an individual or group of individuals on any basis, including but not limited to religion, gender, sexual orientation, race, ethnicity, age or disability;
- harms minors in any way;
- impersonates any person, business or entity, including Yokibu or its employees and agents or any forum leader, guide or host, or in any way falsely states or misrepresents your affiliation with a person or entity;
- involves forging headers or otherwise manipulating identifiers in order to disguise the origin of any message/post transmitted through the Service;
- contains viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
- disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- instigates or encourages others to commit illegal activities or cause injury or property damage to any person;
- otherwise interferes with the use or enjoyment of the Service by others;
- encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
- is intended to promote and/or generate revenue for any third party business activity; or
Yokibu will not be monitoring the conduct of users off the Service and it is a breach of this Agreement to use any information obtained from this Service in order to harass, abuse, or injure another person, or in order to contact, advertise, solicit, or sell to any user of this Service without Yokibu's prior explicit consent.
You specifically agree that Yokibu shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through Yokibu. You specifically agree that Yokibu is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party with or without the use of information and tools made available on Yokibu, or any infringement of another's rights, including intellectual property rights. You specifically agree that Yokibu is not responsible for any content sent using and/or included in this Service by any third party.
- You may not use this Service or any of our communication tools to transmit, directly or indirectly, any unsolicited bulk or repeated communications (including Messages, Posts, e-mails, instant messages and SMS). You may not harvest information about other users for the purpose of sending, or to facilitate the sending, of unsolicited bulk communications. You may not induce or allow others to use this Service to violate the terms of this section. We may terminate your access to or use of the Service immediately and take any other legal action if you, or anyone using your account, violates these provisions. We may take any technical remedies to prevent unsolicited bulk communications from entering, utilizing, or remaining within our systems or communications networks.
- You may not also use this Service to contact or send numerous messages to any other user of this Service or public in a manner considered inappropriate by Yokibu. Yokibu reserves the right, in its sole discretion, to evaluate and decide on a case by case basis as to what is inappropriate.
CONTENT CONTRIBUTED TO THE Service BY THIRD PARTIES
- You specifically agree that Yokibu is under no obligation to monitor the content posted through the Service, You acknowledge that Yokibu does not represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information offered by third parties or users that is displayed or distributed through the Service. The Service may also contain links to other web sites operated by third parties. Yokibu cannot and shall not be responsible for the views or opinions expressed by any third parties. Any opinions, advice, statements, suggestions, services, offers or other information or content presented or disseminated via any discussion board, user-generated pages, messaging services or any other interactive features are those of their respective authors who are solely liable for their content.
- Your reliance upon any such advice, opinion, statement, suggestion or information shall be at your sole risk.
THIRD PARTY HYPERLINKS
Yokibu does not review or monitor any web sites linked to the Service and is not responsible for the content of any such linked web sites. The appearance of external hyperlinks generated by third parties does not constitute endorsement by Yokibu, its subsidiaries and affiliates of the opinions or views expressed by these third party web sites, and Yokibu does not verify, endorse, or take responsibility for the accuracy, currency, completeness, or quality of the content contained at these sites. Furthermore, Yokibu is not responsible for the quality or delivery of the products or services offered, accessed, obtained by, or advertised at such sites. As such, neither Yokibu nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, Yokibu will under no circumstances be liable for any direct, indirect, incidental, or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution, or exploitation of any information or content contained within these third party hyperlinked sites. You hereby acknowledge that you access third party hyperlinks at your own risk.
SUBSCRIPTION TERMINATION OR SUSPENSION OF ACCESS;
- For no cause: The Partner School may terminate the subscription for any reason by providing a 30 days advance notice to us. We may terminate the subscription of a Partner School for any reason by providing the Partner School a 30 days advance notice.
- For cause by Either: Either Yokibu or the Partner School may terminate the subscription for cause upon 30 days advance notice to the other party if there is any material default or breach of this Terms by the other party, unless the defaulting party has cured the material default or breach within 30 days' notice period.
For cause by Yokibu: Yokibu may also terminate the subscription of a Partner School immediately upon notice to the Partner School and may suspend the right to use any or portion or all of the Service by users registered through or on behalf of the Partner School ("Users of Partner School"), immediately upon notice to the Partner School for anyone or more of the following causes:
- If any act or omission by the Partner School or Users of Partner School may (i) pose a security risk to the Service or any third party, (ii) may adversely impact the Service or the Systems or Content of any other Yokibu customer, (iii) may subject us, our affiliates, or any third party to liability, or (iv) be fraudulent
- If the Partner School or Users of Partner School are in breach of this Terms, including if the Partner School is delinquent on payment obligations for more than 15 days;
- If the Partner School ceased to operate in the ordinary course, made an assignment for the benefit of creditors or similar disposition of its assets, or become the subject of any bankruptcy, reorganization, liquidation, dissolution or similar proceeding.
- If our relationship with a third party partner who provides software or other technology we use to provide the Service expires, terminates or requires us to change the way we provide the software or other technology as part of the Services,
- if we believe providing the Service could create a substantial economic or technical burden or material security risk for us,
- in order to comply with the law or requests of governmental entities, or
- if we determine use of the Service by Users of the Partner School or our provision of any of the Service to the Partner School has become impractical or unfeasible for any legal or regulatory reason
EFFECT OF TERMINATION of SUBSCRIPTION
Generally, upon termination of the subscription of a Partner School
- all the rights of the Partner School and Users of the Partner School under this Terms immediately terminate
- the Partner School remains responsible for all fees and charges it has incurred through the date of the termination
- the Partner School and Users of Partner School will immediately return or, if instructed by us, destroy all Yokibu content in its possession
- Yokibu reserves the right to serve the teachers, parents and students registered through the Partner School and may allow them to access those parts of the Service that do not require active participation of the Partner School
Unless the subscription is terminated by Yokibu for a cause, during the 30 days following termination
- Yokibu may provide the Partner School with the details (name, email, mobile and DOB in case of a student) of Users of the Partner School with the help of our post-termination assistance service.
- Yokibu reserves the right to charge the Partner School a fee for the post-termination service.
Subscription Fee Return Policy:
- In case of termination of subscription by Yokibu for no cause, Yokibu shall pay the Partner School, a pro-rated (on monthly basis) fee applicable for the rest of the subscription period excluding all the full months the Service was used by the Partner School and the month the subscription was terminated.
- In case of termination of subscription by Partner School for no cause, Yokibu shall not be liable to pay back any subscription fee paid by the Partner School, either in full or partial.
- In case of termination of subscription by the Partner School for breach of this Terms by us, Yokibu shall pay the Partner School, a pro-rated (on monthly basis) fee applicable for the rest of the subscription period excluding all the full months the Service was used by the Partner School and the month the subscription was terminated.
- In case of termination of subscription by Yokibu for a cause, Yokibu shall not be liable to pay back any subscription fee paid by the Partner School either in full or partial.
- Yokibu will use commercially reasonable efforts to make the Service available with the applicable Uptime of 98% during the period of the service (the "Service Commitment")
- Yokibu SLA Exclusions: The Service Commitment does not apply to any unavailability, suspension or termination of the Service, or any other Service performance issues: (i) that result from a suspension described in Section For cause by Yokibu under SUBSCRIPTION TERMINATION clause of this Terms; (ii) caused by factors outside of our reasonable control, including any force majeure event or Internet access or related problems; (iii) that result from any actions or inactions of the Partner School or Users of Partner School or any third party; (iv) that result from equipment or software of Partner School or Users of Partner School, or other technology and/or third party equipment, software or other technology (other than third party equipment within our direct control); (v) that result from temporary maintenance or upgrading of our infrastructure, technology, software or hardware; (vi) that result from moving our infrastructure/data from one of our service providers to another; or (v) arising from our suspension and termination of your right to use the Service in accordance with this Terms
YOKIBU STORE & YOKIBU APPs
- Yokibu provides the Yokibu Store and Yokibu Apps (collectively called "Store") as an online shopping platform as a venue for any Merchant or Service Provider or Software Publisher (the 'Seller') to offer Products or Services or Software Apps/Games ('Apps') to any user, registered or otherwise, (the "Buyer") seeking those Products/Services/Apps or Games. On the Store, the Buyer or Seller (the "Store User") may find, meet, and interact with other Store Users for their transactions through the Service. Yokibu is not and cannot be a party to or control in any manner any transaction between the Store Users.
- All commercial / contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial / contractual terms include without limitation price, shipping costs, payment terms, date, period and mode of delivery, warranties related to goods and services and after sales services related to goods and services. Yokibu does not have any control or determines or advises or in any way involves itself in the offering or acceptance of such commercial / contractual terms between Store Users. Yokibu is not responsible for any non-performance or breach of any contract entered into between Store Users. Yokibu cannot and does not guarantee that the concerned Store User will perform any transaction concluded through the Service. Yokibu shall not and is not required to mediate or resolve any dispute or disagreement between Store Users.
- Yokibu does not make any representation or Warranty as to the attributes (such as quality, worth, marketability, etc.) of the items or services or Apps proposed to be sold or offered to be sold or purchased through the Service. In particular, Yokibu does not implicitly or explicitly support or endorse the sale or purchase of any items or services or Apps through the Service. Yokibu accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Yokibu does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Store User. You are advised to independently verify the bonafides of any particular Store User that you choose to deal with through the Service and use your best judgment in that behalf.
- Yokibu does not at any point of time during any transaction between the Store Users come into or takes possession of any of the goods or services or Apps offered by Store Users nor do it at any point gain title to or have any rights or claims over the goods or services or Apps offered by Store Users.
- The Service is only a venue through which Store Users can reach a larger base to buy and sell items or services or Apps. Yokibu is only providing a platform for communication and enabling payment and it is agreed that the contract for sale of any of the products or services or Apps shall be a strictly bipartite contract between the Store Users. At no time shall any right, title or interest over the items vest with Yokibu nor shall Yokibu have any obligations or liabilities in respect of such contract. Yokibu is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of items which are out of stock, back ordered or otherwise unavailable. All items are offered only for a restricted time and only for the available supply as offered by Store Users.
- You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Store User that you transact with.
- You release and indemnify Yokibu and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of Store Users of the Service and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Yokibu cannot control the information provided by other Store Users which is made available through the Service. You may find other User's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Service.
Yokibu Store - Payment Facility
With Yokibu, Payments for items and services can be made through the electronic or through Cash on Delivery transactions as may be permitted by Yokibu to the Store User(s) in its sole discretion. Yokibu enables automated collection and remittance services using the current Indian Banking and Credit/Debit/Cash card, mobile and other such infrastructure directly through the Bank, or financial institution infrastructure or indirectly through Payment Aggregator/Gateway or through any facility as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be of payment supporting the same in any manner.
Yokibu tries to be as accurate as possible. However, Yokibu does not warrant that product/service description or other content posted through the Service is accurate, complete, reliable, current, or error-free.
DISCLAIMER AND LIMITATION OF LIABILITY
THIS SITE / SERVICE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOKIBU DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR SECURE, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOKIBU IS NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATION OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE OR WITH RESPECT TO THE INFORMATION AND MATERIAL CONTAINED ON THIS SITE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, AND VALIDITY OF ANY MATERIAL RESTS WITH YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, YOKIBU, ITS AFFILIATES, AND RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY YOKIBU OR ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL YOKIBU'S LIABILITY TO YOU FOR ANY AND ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.DEALINGS WITH THIRD PARTY SERVICE PROVIDERS
Your correspondence or business dealings with, or participation in promotions of, third party service providers and advertisers found through this Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party service provider or advertiser or software publisher, as the case may be. You agree that Yokibu shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third party service providers and advertisers and software publishers in the Service.
- The Service is intended exclusively for residents of India. We make no representation that content offered through the Service is appropriate or available for use in locations outside India and accessing it from territories where such content is illegal or prohibited. If you choose to access the Service from a location outside India, you do so, on your own initiative and you alone are responsible for compliance with local laws. Under no circumstances is Yokibu responsible for ensuring that the Service is in compliance with the local laws of jurisdictions outside India. No software offered through the Service may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to Indian export restrictions.