At nGEMS (“nGEMS,” “we,” “us,” “our”), we know you care about how your personal information is used and shared, and we take your privacy seriously. This Privacy Policy explains how nGEMS collects and uses information from you and other users who access or use the Services. By visiting nGEMS’s website at http://www.nextgems.com or using any of our products and services (collectively, the “Services”), you acknowledge that you accept the practices and policies outlined in this Privacy Policy. By using the Services, you are consenting to have your personal data transferred to and processed in any of the nGEMS facilities.
You are responsible for any Content, defined in our Terms of Service, you provide in connection with the Services. We cannot control the actions of users with whom you or any Services subscribers may choose to share information. Therefore, we cannot and do not guarantee that Content you or any user posts on the Services will not be viewed by unauthorized persons. Please be aware that no security measures are perfect or impenetrable and that we are not responsible for circumvention of any security measures contained on the Services. You understand and acknowledge that, even after removal, copies of Content may remain viewable in cached pages and archives or if other users have copied or stored your Content.
nGEMS endeavours to protect user information to ensure that user account information is kept private; however, we cannot guarantee the security of user account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of user information at any time.
You may request removal of your Personal Information by contacting us at kbgsoftware@gmail.com. We will remove the information that you request from our database, but this information may remain in our server logs as part of our standard backup procedures.
Any improper collection or misuse of Content or other information accessible on the Services is a violation of nGEMS’s Terms of Service and should be reported to kbgsoftware@gmail.com.
CHILDREN’S PERSONAL INFORMATION
Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain parental consent or provide notice before they knowingly collect personally identifiable information online from children who are under 13 (“under age users”). Pursuant to COPPA, we may collect an underage user’s name, email address and/or telephone number in order to operate and provide the Services, and we may collect the underage user’s parent’s (or legal guardian’s) email address in order to provide notice to parents that we may contact their underage user for the purpose of providing the Services. If we learn we have collected Personal Information from an underage user other than pursuant to the above, or if we learn that an underage user has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that an underage user may have provided us personal information in violation of this paragraph, please contact us at kbgsoftware@gmail.com .
INFORMATION YOU PROVIDE TO US OR COLLECTED AUTOMATICALLY
We receive and store any information you knowingly enter on the Services, whether via computer, mobile phone, other wireless device, or that you provide to us in any other way. This information may include device ID, device type and OS, Personal Information such as your name, phone number, email address, photograph, and, in certain circumstances, your school, or to provide you with notifications via the Services from a teacher or school (“Notifications”), or any other information necessary for us to provide our services. You may choose not to provide us with certain information, but then you may not be able to take advantage of many of our features. We use the information we receive to provide you with the Services and also for purposes such as:
EMAIL, TEXT MESSAGE AND PUSH NOTIFICATIONS
If you provide us your email address, nGEMS may send you administrative messages (such as updates) relating to the Services or to respond to communications from you. By maintaining a nGEMS account, you acknowledge and agree that you may receive e-mail, text messages or push notifications on your phone or mobile communications device from nGEMS. The receipt of such messages may cause you 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 your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply.
If you no longer wish to receive administrative email messages from nGEMS you may opt-out by emailing us at kbgsoftware@gmail.com. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Services , and you are responsible for reviewing such legal notices for changes.
MOBILE ANALYTICS
We use mobile analytics software to allow us to better understand the functionality and performance of our mobile software on your phone. This software may collect, store and use information such as how often you use the application, the events that occur within the application, usage, performance data, and where the application was downloaded from. This software may share information it collects with other third parties as part of providing the analytics services and to comply with applicable laws.
SHARING PERSONAL INFORMATION
nGEMS neither rents nor sells your Personal Information to anyone. However, we may share your Personal Information as described below.
We may employ other companies and people to perform tasks on our behalf and may need to share your information with them in order to provide aspects of our Services to you. Some examples of services for which we may use agents include sending email, analyzing data, and providing user services. These agents may use Personal Information we share with them, for example, to assist us, to provide their services to you and/or us, and to measure and improve the performance of their services. You hereby consent to our sharing of information about you (which may include Personal Information) for such purposes.
If nGEMS or some of its assets were acquired, user information would be one of the assets transferred to or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of nGEMS may continue to use your Personal Information as set forth in this policy. You will be notified via email and/or a prominent notice on the Services of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
We may release Personal Information when we believe in good faith that release is necessary to comply with the law, such as complying with a subpoena or other legal process; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of nGEMS, our employees, our users, or others. This includes, without limitation, exchanging information with other companies and organizations for fraud protection or responding to government requests.
EDITING INFORMATION AND DELETING MY ACCOUNT
You have access to update passwords and to change personalization settings. This list will change as the Services change.
You may request deletion of your nGEMS account by emailing kbgsoftware@gmail.com. Please note that certain information may remain in our records, server logs and archives after deletion of your account. nGEMS retains this information for purposes such as diagnosing problems with the service and for auditing legal investigations, but reserves the right to delete this information in accordance with its standard business practices in effect from time to time. Further, information and other content you have provided may remain visible elsewhere to the extent such content was copied or stored by other users.
CHANGES TO THIS PRIVACY POLICY
If we make any material changes we will notify you by email specified in your account or by posting a notice on the Services prior to the change becoming effective.
If you have any questions or need clarifications, please email us at kbgsoftware@gmail.com.
THIS IS A BINDING AGREEMENT BETWEEN YOU AND NGEMS (“nGEMS,” “we,” “us,” “our”).BY ACCESSING OR USING THE PRODUCT OR SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THE AGREEMENT, YOU MAY NOT USE THE SERVICES.
IF YOU ARE UNDER THE AGE OF 18
IF YOU ARE UNDER THE AGE OF 18, YOU MUST HAVE YOUR PARENT OR GUARDIAN READ THE AGREEMENT BELOW AND AGREE TO IT FOR YOU. IF YOU DON’T GET YOUR PARENT OR GUARDIAN TO READ AND AGREE TO THIS AGREEMENT, YOU DON’T HAVE PERMISSION TO USE THIS SITE.
We reserve the right to modify this Agreement at any time. We’ll do our best to provide you notice by posting a notice or through email when we make a material change to the Services that would adversely affect you, but this isn’t always practical. If you don’t agree with the new terms, you may reject them but you will no longer be able to use the Services. Your use of the Services in any way following such notification constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services, at any time.
You represent and warrant to nGEMS that:
If you’re agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
USE BY CHILDREN
The Children’s Online Privacy and Protection Act (“COPPA”) requires that online service providers obtain parental consent or provide notice before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from a child under 13, except in the following circumstances:
We may collect a child’s name, email address or telephone number, and the child’s parent’s email address in order to provide notice to parents that we may contact their child for the purpose of providing the Services that their teacher has signed up for
We may collect personal information from a child under 13 where that student’s school, district, and/or teacher has agreed to obtain parental consent for that child to use the Services and disclose personal information to us, for the use and benefit of the learning environment.
If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA. If you are a teacher, you represent and warrant that you have permission and authorization from your school and/or district to use the Services, and for purposes of COPPA compliance , you represent and warrant that you are entering into these Terms on behalf of your school and/or district.
If we learn we have collected personal information from a student under 13 other than pursuant to the above, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at kbgsoftware@gmail.com.
FEES AND PAYMENT
Access to and use of the Services a very limited period is free, but shall fetch additional cost after expiry of free period. Our charges may vary from year to year depending upon different installed features and other relative cost. If you want access to those Services, you will pay all applicable fees for those Services, as will be described on the Services. If you continue to use those Services following such notification, that use constitutes your acceptance of any or increased charges.
Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you 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 your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
REFUND AND CANCELLATION
A user of our service shall have the right to discontinue the service by uninstalling the Android App from their mobile and discontinue the use of web portal maintained at www.nextgems.com. Any amount paid towards the service for the academic year will not be refunded and parents/students may choose not to subscribe for the system given through the School/College for the next academic session. Since the system is non-mandatory hence payment for the system is optional.
ADDITIONAL TERMS
This Agreement applies to all users of our Services, but there are special terms for a teacher who organizes a “class” or “group” of members, as an Organizer. If you are, for example, a student, teammate or parent who is invited to be a member of a class or group by an Organizer, you are a Subscriber. In certain cases, Subscribers may be allowed to invite new members to a “class group” to become Subscribers. You may not sign up for or use the NGEMS Services as someone you are not; we may disable or terminate your account if you do so.
If you are a Subscriber (such as a student, parent, or other individual invited to join a class or group by an Organizer):
If you are accessing the Services as an Organizer and inviting users to join as Subscribers:
FERPA
Certain information directly related to a student and which may be considered an education record (“Education Record”) under the Family Educational Rights and Privacy Act (“FERPA”), may be provided to NGEMS by teachers, teacher aides, or other school administrators or officials at an Institution. Additionally, certain information, provided to NGEMS, such as student name and grade level, may be considered directory information under FERPA (“Directory Information”) and thus not an Education Record.
To disclose eligible student education records, a school is generally required to have written consent of the parent and/or eligible student or meet one of the exceptions set forth in FERPA including the exemption for Directory Information (“Directory Information Exemption”) or disclosure to school officials with a legitimate educational interest (“School Administrator / Official Exemption”).
As a School Official or Institution providing Directory Information or any Education Record to nGEMS, you represent, warrant and covenant to NGEMS, as applicable, that your Institution has:.
nGEMS will never share Education Records with third parties except (i) as directed by a nGEMS user (e.g., a teacher referring another teacher or having parent subscribe to the application); or (ii) to third party providers that are necessary for us to provide the Service.
REGISTRATION AND SECURITY
As a condition to using the Product and Services, you may be required to register with nGEMS by selecting a user id, password and providing your name and a valid email address. You will provide nGEMS with accurate, complete, and updated registration information.
You may not
nGEMS reserves the right to refuse registration of or cancel an account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone. Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Product and Services, and may subject you to state and federal penalties and other legal consequences. NGEMS reserves the right, but will have no obligation, to investigate your use of the Product and Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
CONSENT TO RECEIVE PERIODIC MESSAGES FROM NGEMS
As part of the Services, NGEMS may send communications (such as text messages, emails, and push notifications) to Subscribers of a class group. For example, upon adding a new Subscriber to a class group, such new Subscriber will receive a welcome message. NGEMS may send other administrative messages as well. BY SIGNING UP FOR THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM NGEMS, AND YOU REPRESENT AND WARRANT THAT EACH USER YOU INVITE AND/OR ADD TO A GROUP HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM NGEMS AS WELL AS FROM YOU. You agree to indemnify and hold nGEMS harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.
CONTENT
All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content”)) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial use and only in accordance with the terms of this Agreement and all laws that apply to you. nEMS is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you:
Without the express prior written consent of the respective owners, and
In any way that violates anyone else’s (including nGEMS’s) rights.
You may download or copy certain Content for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content other than personal, non-commercial use is expressly prohibited without prior written permission from nGEMS or from the copyright holder identified in such Content’s copyright notice. You will not link to the Services without nGEMS’s prior written consent, except in accordance with the terms of this Agreement.
In the course of using the Services, you and other users may provide information which may be used by nGEMS in connection with the Services and which may be visible to certain other users. All materials, information and content that you post or otherwise provide to nGEMS (and in connection with the Services) are your “User Submissions.” You retain ownership of the rights you may have in your User Submissions, provided that nGEMS hereby is and will be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable (only to an successor) right to fully exploit such User Submissions (including all related intellectual property rights) and to allow other users to do so. Furthermore, nGEMS retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You grant other users of the Services a non-exclusive license to access your User Submissions through the Services, and to exercise rights in and to such User Submissions and to view such User Submissions as permitted through the functionality of the Services and under this Agreement (for example, the recipients of a message sent by you will be able to save, copy, print and archive that message). All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that nGEMS will not be liable for any errors or omissions in any content. nGEMS cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, nGEMS cannot guarantee the authenticity of any data, which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting there from.
Under no circumstances will nGEMS be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
YOUR RESTRICTIONS AND RESPONSIBILITIES
You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage any third party to use) the Services in a manner that
infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any third party;
violates any law, statute, ordinance or regulation;
is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, or otherwise objectionable as reasonably determined by NGEMS;
jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
attempts, in any manner, to obtain the password, account, or other security information from any other user;
violates the security of any computer network, or cracks any passwords or security encryption codes;
runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);
“crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);
copies or stores any significant portion of the Content;
decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of nGEMS’s third party service providers).
nGEMS reserves the right to terminate access of any third party application or service to our published or unpublished APIs.
nGEMS reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if nGEMS is concerned that you may have breached the immediately preceding sentence), or for no reason at all. You, not nGEMS, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to nGEMS and to grant nGEMS the rights to use such information in connection with the Services and as otherwise provided herein
You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
COPYRIGHT DISPUTE POLICY
WARRANTY AND DISCLAIMER
NGEMS has no special relationship with or fiduciary duty to you. You acknowledge that nGEMS has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you accesses via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release nGEMS from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. nGEMS makes no representations concerning any content contained in or accessed through the Services, and NGEMS will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. nGEMS makes no representations or warranties regarding suggestions or recommendations of services or products (including Content provided by publishers) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided “AS IS” without any warranty of any kind from nGEMS or others unless, with respect to others (only), otherwise made expressly and unambiguously in writing by a designated third party for a specific product.
THE SERVICES, CONTENT, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY
You will indemnify and hold nGEMS, 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 the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL NGEMS OR ITS SUPPLIERS OR ITS SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE WITH RESPECT TO THE SERVICES OR THE SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY
FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF $100 OR THE FEES PAID BY YOU TO NGEMS HEREUNDER DURING THE 3-MONTH PERIOD PRECEDING THE APPLICABLE CLAIM;
FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER;
FOR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR
FOR ANY MATTER BEYOND NGEMS’s REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
TERMINATION
This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by deleting your account or by contacting us at kbgsoftware@gmail.com. nGEMS may disable or terminate your access to the Services or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture of all information associated with your membership. Upon termination of your account, your right to use the Services, and any Content will immediately cease; however, nGEMS may retain messaging data or other data and information pursuant to this Agreement and as necessary for auditing purposes and as required by law. All provisions of this Agreement, which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
CHOICE OF LAW AND ARBITRATION
This Agreement will be governed by and construed in accordance with the laws of the State of Assam without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration in Guwahati, Assam, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who will be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent.
MISCELLANEOUS
The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. nGEMS will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond nGEMS’s reasonable control, including, without limitation, mechanical, electronic or communications failure. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sub-licensable by you. nGEMS may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind NGEMS in any way whatsoever.
PRIVACY
We take the privacy of our users very seriously. Please read our Privacy Policy, located at http://www.nextgems.com/privacy-policy/