Faith Connect is a mobile app, owned by Innotrail, for imparting education in relation to spiritual growth through digital content.
1. General
“Faith Connect” (hereinafter, the “App”) and the mobile learning application in relation thereto (“App”) is owned and operated by Innotrail. You are advised to read and understand these terms carefully as your use/access/browsing of the App and/or any service in relation to the usage of the App (“Services”) and/or any product provided by the company in relation to the usage of the App, through any means shall signify your acceptance of the terms and your agreement to be legally bound by the same. These terms are to be read along with the Privacy Policy and any other policies on the App. This document is an electronic record. For the purpose of these Terms of Use, along with any amendments to the same, and wherever the context so requires “You”, “Your” or “User” refers to the person visiting, accessing, browsing through and/or using the App or using the Services or Products, at any point in time. The term “We”, “Us”, “Our” shall mean and refer to the App and/or the Company, depending on the context. The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained under them in any manner. Further, the headings have no legal or contractual value. We hold the sole right to modify the Terms of Service without prior permission from You or providing notice to You. The relationship creates on You a duty to periodically check the Terms of Service and stay updated on its requirements. If You continue to use the App or avail any of its services without registration, following such change, this is deemed as consent by You to the so amended policies. Your continued use of the App is conditioned upon your compliance with the Terms of Service, including but not limited to compliance with the Terms of Service even after alterations, if any.
2. Services Overview
The App is an online platform where users can gain access to materials that help them grow spiritually.
The Company shall have no responsibility for any loss or damage caused to software and or any other instrument, including loss of data or effect on the processing speed, resulting from Your use of our Products and Services.
3. Registration
To use the services provided on the application, it is compulsory to create an account. A User may create an account on the app which shall collect only your basic information. To create an account, you need to enter your school email address.
At the time of registration, the Company shall collect the following personally identifiable information about you: Name and school email address. Information collected about you is subject to the Privacy Policy of the Company, which may be read as part and parcel of these Terms of Use.
You are solely responsible for protecting the confidentiality of your credentials and any activity under the account will be deemed to have been done by you. In the event you provide us with false or inaccurate details, or the Company has a reasonable ground to believe that false and inaccurate information has been furnished, we hold the right to permanently suspend your account.
4. Eligibility
The App can be used by any adult (18+ years age). If you are a minor, i.e. under the age of 18 years and over the age of 13 years, you may use the App under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Innotrail reserves the right to terminate or refuse your registration, or refuse to permit access to the app, if it is discovered or brought to its notice that you are a minor.
5. Security
Interactions on the App are secure and protected. Any information entered by the User when transacting on the App is encrypted to protect the User against unintentional disclosure to third parties.
6. License and Access
The Company grants you a limited sub-license to access and make personal use of the App, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub-license does not include permit any resale or commercial use of the App or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the App or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Any portion of the App may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the App or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the App, or any other systems or networks connected to the App or to any server, computer, network, or to any of the services offered on or through the App, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information which:
belongs to another person and to which you do not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary intellectual property rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
is misleading or known to be false in any way.
7. Communications
By using this App, it is deemed that you have consented to receiving e-mails from your school’s administration and/or faculty to the e-mail address that has been provided by you for the use of this App which is subject to the Privacy Policy.
8. User Obligations
You are a restricted user of this app.
You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate, post, publish or create derivative works from, transfer, or sell any information or software obtained from the App. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the App is not permitted.
You agree not to access (or attempt to access) the App and/or the materials or Services by any means other than through the interface that is provided by the App. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the App, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App. You acknowledge and agree that by accessing or using the App or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the App. Further, You may report such offensive content.
In places where this App allows you to post information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Engage in any activity that interferes with or disrupts access to the App or the Services (or the servers and networks which are connected to the App);
Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
Publish, post, or disseminate any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to “indecent representation of women”.
Post any file that infringes the copyright, patent or trademark of other legal entities;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the App or another’s computer;
Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
Probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the App, or any other customer of the App, including any Account not owned by You, to its source, or exploit the App or Service or information made available or offered by or through the App, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the App;
Disrupt or interfere with the security of, or otherwise cause harm to the App, system resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked Apps;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
Use the App or any material or Content for any purpose that is unlawful or prohibited by these Terms of Service, or to solicit the performance of any illegal activity or other activity which infringes the rights of this App or other third parties;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside the country;
Violate the Terms of Service including but not limited to any applicable Additional Terms contained herein or elsewhere;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Publish, post, or disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside the country;
Directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
Create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider (“ISPs”) or other suppliers.
9. Copyright and Trademark
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the App. Access to or use of the App does not confer and should not be considered as conferring upon anyone any license to the Company or any third party’s intellectual property rights. All rights, including copyright, in and to the App are owned by or licensed to the Company. Any use of the App or its contents, including copying or storing it or them in whole or part is prohibited without the permission of the Company.
You may not modify, distribute or re-post anything on the App for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks service marks of the Company, its affiliates, its partners or its suppliers’ service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the App. Access to or use of the App does not authorize anyone to use any name, logo or mark in any manner. References on the App to any names, marks, products or services of third parties or hypertext links to third party Apps or information are provided solely as a convenience to you and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Company is not responsible for the content of any third party Apps and does not make any representations regarding the content or accuracy of material on such Apps. If you decide to access a link of any third party, you do so entirely at your own risk and expense.
10. Disclaimer of Warranties and Liabilities
You expressly understand and agree to the maximum extent permitted by applicable law:
The App, services and other materials provided by this App are on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Innotrail makes no warranty that
Your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;
Materials, information and results obtained will be effective, accurate or reliable;
Any errors or defects in the App, services or other materials will be corrected.
11. Indemnification and Limitation of Liability
You agree to indemnify, defend and hold harmless Innotrail, including but not limited to its affiliate vendors, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of service. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the App, any claim that your material caused damage to a third party, your violation of the terms of service, or your violation of any rights of another, including any intellectual property rights.
In no event shall Innotrail, its officers, directors, employees, partners or suppliers be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the App, Products, Services or materials.
The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.
12. Termination
This User Agreement is effective unless and until terminated by either you or the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the App. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the App.
Such termination will be without any liability to the Company. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the App or affect any liability that may have arisen under the User Agreement prior to the date of termination.
13. Disputes and Jurisdiction
All disputes involving but not limited to rights conferred, compensation, refunds, and other claims will be resolved through a two-step Alternate Dispute Resolution mechanism.
Stage 1: Mediation. In case of a dispute, the matter will first be attempted to be resolved by a sole mediator who is a neutral third party and will be selected at the mutual acceptance of a proposed mediator by both parties. Both parties may raise a name for the sole mediator and in the case both parties accept the proposed name, the said person shall be appointed as sole mediator. In case the parties are not able to reach a consensus within two proposed mediators, the Company reserves the right to decide who the final mediator is. The decision of the mediator is not binding on both parties.
Stage 2: Arbitration. In case that mediation does not yield a result suitable or preferred by any one of the parties, arbitration may follow, the award of which is binding on both parties. The Arbitration Board shall comprise three members – one appointed by each party and the third member to be nominated by the two appointed members by mutual consent. The proceedings of arbitration shall be in the English language. The arbitrator’s award shall be final and binding on the Parties.
If the dispute cannot be resolved by this two-step Alternate Dispute Resolution mechanism, it shall be referred to the courts in Pennsylvania, USA.
14. Privacy
Information We Collect About You and How We Collect It
directly from you when you provide it to us;
automatically as you navigate through the app. Information collected automatically may include usage details, IP addresses and information collected through cookies, and other tracking technologies;
The statistical data We collect helps us to improve our app and to deliver a better and more personalized service by enabling us to:
estimate our audience size and usage patterns;
store information about your preferences, allowing us to customize our App according to your individual interests;
speed up your searches; and recognize you when you return to our App.
The technologies We use for this automatic data collection may include:
cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our App. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our App.
Flash Cookies. Certain features of our App may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our App. Flash cookies are not managed by the same browser settings as are used for browser cookies.
If you have concerns about providing information to us or having such information displayed on our services or otherwise used in any manner permitted in this Privacy Policy and /or the Terms of Use, you should not visit our App, apps or otherwise use our services.
How We Use Your Information
We use information that We collect about you or that you provide to us, including any Personal Information:
To present our App and its contents to you.
To provide you with information or services that you request from us.
To fulfill any other purpose for which you provide it.
To provide you with notices about your account.
To notify you about changes to our or services We offer or provide through it.
In any other way We may describe when you provide the information.
For any other purpose with your consent.
15. Miscellaneous Provisions
Entire Agreement: The terms and conditions set forth in this document and any additional or different terms expressly agreed by Client and Service vendor shall constitute the entire agreement and understanding of Client and Service vendor with respect to each Service Contract and shall cancel and supersede any other prior or contemporaneous discussions, agreements, representations, warranties, and/or other communications between them. Notwithstanding the foregoing, the Client and Service vendor shall always remain subject to the terms of the user Agreement.
Waiver: The failure of either party at any time to require performance of any provision of this Agreement in no manner shall affect such party’s right at a later time to enforce the same. No waiver by either party of any breach of this Agreement, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or construed as, a further or continuing waiver of any other such breach, or a waiver of any other breach of this Agreement.
Severability: If any provision of this Agreement shall to any extent be held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement shall in no way be affected or impaired thereby and each such provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. In such a case, this Agreement shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.
16. Contact Us
If you have any questions about this Agreement, the practices of Faith Connect and Innotrail, or your experience with the Service, you can e-mail us at info@innotrail.com