1. Definitions
- Solution:
Refers to the School Safety Assurance International (SSAI) online
platform for managing information and documents related to the School
Safety Trust Mark and School Safety Trust Mark Plus Certification
and Early Education and Child Care Centre Trust Mark . Early
Education and Child Care Centre Trust Mark Plus The platform is
accessible at www.school-safety.org.
- Service:
Refers to the evaluation and assessment services provided to schools for
determining their safety performance based on submitted information, along
with associated support.
- School:
Refers to any entity that registers on the Solution to voluntarily provide
information about its quality & safety practices for the purpose of
obtaining SSAI certifications.
- Users:
Refers to individuals or entities accessing or using the Solution at www.school-safety.org.
2. Scope of Services
SSAI provides services for evaluating and
certifying a school’s safety performance. Access to and use of these services
are governed by this Agreement, which includes these Terms and any related
policies.
3. Confidentiality
3.1 Obligations
Both SSAI and Users agree to treat all
information and documents exchanged during the use of the Solution as
confidential. This includes evaluation questionnaires, methodologies, and any
proprietary information.
3.2 Rights to Data
- The
School grants SSAI a non-exclusive, royalty-free license to host,
reproduce, and display the data submitted for the purposes of providing
the Service and developing SSAI’s database.
- The
School warrants that it has the necessary rights to provide the data and
indemnifies SSAI against any claims arising from breaches of this
warranty.
3.3 Exceptions
Confidentiality obligations do not apply
to:
- Information
already in the public domain.
- Information
disclosed as required by law or for audits by tax authorities.
- Information
shared with authorized representatives, legal counsel, or advisors.
3.4 Sharing of Results
The School may control the sharing of its
scorecards with specific stakeholders via the Solution. SSAI reserves the right
to display the School’s name, performance ratings, and certifications on the
platform.
4. SSAI’s Responsibilities
- SSAI
will make the Solution available 24/7, except during scheduled maintenance
or unforeseen outages.
- SSAI
is not liable for network failures, system unavailability, or other
connectivity issues.
- In
the event of a data breach, SSAI may temporarily suspend access to the
Solution to address the issue. SSAI disclaims liability for any resulting
damages.
5. User Responsibilities
Users agree to:
- Avoid
disrupting the Solution’s operations or introducing harmful files (e.g.,
viruses).
- Maintain
the confidentiality of login credentials and notify SSAI immediately of
unauthorized access.
- Use
the Solution in compliance with applicable laws and regulations.
6. School Responsibilities
The School agrees to:
- Provide
accurate, complete, and lawful data for the Service.
- Cooperate
with SSAI by submitting all necessary documentation in a timely manner.
- Indemnify
SSAI against claims arising from false or unlawful data submissions.
7. Fees and Payment
- The
School’s use of the Solution is subject to an annual, non-refundable
subscription fee, as outlined in the Fee Plan.
- SSAI
reserves the right to modify subscription fees at any time.
- Payments
made via methods other than credit card may incur additional processing
fees.
- Schools
outside India will be invoiced in USD, and all bank-related fees (e.g.,
wire transfer or currency exchange fees) are the School’s responsibility.
- Late
payments may incur interest charges as per applicable Indian law.
8. Refund Policy
All subscription fees paid by the School
are strictly non-refundable. This includes cases where the School terminates
the Agreement before the end of the subscription period. SSAI does not provide
refunds for unused services, partial periods, or any other reason. Schools are
encouraged to review the terms and conditions carefully before subscribing to
the Service.
9. Intellectual Property
- All
content on the Solution, including methodologies, tools, software, and
evaluation results, is the exclusive property of SSAI.
- Schools
are granted a 364-day license to use their safety scorecards,
certifications, and related communication tools.
- SSAI
will indemnify Users against claims of intellectual property infringement
related to the Service.
10. Data Protection
SSAI will process personal data in
compliance with the EU General Data Protection Regulation (GDPR) and the
Digital Personal Data Protection (DPDP) Act, 2023. SSAI will implement
appropriate safeguards to protect personal data from unauthorized access, loss,
or misuse, as outlined in its Privacy Policy.
11. Limitation of Liability
- SSAI
is not liable for indirect damages, including loss of profits, revenue, or
data.
- SSAI’s
total liability is limited to the fees paid by the School for the Service
in the preceding 364 days.
12. Termination
- This
Agreement is valid for an initial term of 364 days and will automatically
renew unless terminated by either party.
- The
School may terminate the Agreement at any time by ceasing use of the
Solution and notifying SSAI in writing.
- SSAI
may terminate the Agreement for material breaches by the School.
- Subscription
fees are non-refundable, even in the event of early termination.
13. Assignment and Transfer
- The
School may not assign or transfer this Agreement without SSAI’s prior
written consent.
- SSAI
may assign this Agreement to its subsidiaries or third parties.
14. Amendments
SSAI reserves the right to amend these
Terms at any time. Users will be notified of changes via the Solution or other
appropriate means. Continued use of the Solution constitutes acceptance of the
updated Terms.
15. Governing Law and Jurisdiction
This Agreement is governed by the laws of
India. Any disputes will be subject to the exclusive jurisdiction of the courts
in Mumbai, Maharashtra.
16. Entire Agreement
This Agreement constitutes the entire
understanding between the parties and supersedes all prior agreements. Any
conflicting terms in purchase orders or other documents are null and void.