Terms & Conditions

Welcome to Pupilfirst LMS’s website! This website, viz, lms.pupilfirst.org and/or *.pflms.com (collectively the “Website”) is owned by Pupilfirst Private Limited, a private limited company having its registered office at 1st Floor, C M Complex, Kalavath Road, Palarivattom, Kochi (“Pupilfirst”, “we”, “us” or “our”). These terms and conditions (“Terms”) are applicable to the use of the Website, Platform (as defined below) and/or Pupilfirst Services (as defined below) by all users (“you”/”your”/”Users”) including those who are just browsing as well as registered users who avail Pupilfirst Services (as defined below) and/or users who are in any manner connected with and/or contribute to the use of the Website, Platform and/or Pupilfirst Services. By accessing our Website, Platform and/or Pupilfirst Services you are agreeing to be bound by these Terms including our Privacy Policy and agree that you are responsible for compliance with all applicable laws and regulations. These Terms constitute a legal agreement between you and Pupilfirst. If you do not agree to these Terms, please do not use the Website, Platform and/or any Pupilfirst Service. If you are accepting these Terms and using the Website, Platform or Pupilfirst Services on behalf of a company, organization, government, or other legal entity, you represent that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” or “your” as used in these Terms shall refer to such entity.

1. Modifications to Terms

Pupilfirst reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms at any time. The revised Terms shall be made available on the Website and the date of latest revision shall be indicated on the Website. You are requested to check these Terms periodically as Your use of the Website is subject to the most current version of these Terms and Your continued use of the Website following such Changes, will mean that You accept and agree to the Changes.

2. Who we are and what we offer through this Website

Pupilfirst is a learning management system (LMS) that lets you run an asynchronous online school, where learning is achieved through focused tasks, directed feedback, an iterative workflow, and community interaction.Through this Website, Pupilfirst provides an open source online content creation platform and learning management system (LMS) (the “Platform”) which enables educators to build, design, publish, and offer online courses and educational material (each a “Course”) to their students (“Students”). Pupilfirst offers this Course creation Platform along with a number of additional services and educational tools to aid the “Course Creator” (which term includes educators, educational institutions, private companies, non-profit and non-government organisations, teachers, school administrators, tutors and all other institutions, individuals and entities involved in creating and/or delivering a Course to Students) including services and tools (i) to create Course curriculum and assignments and offer the Course on the Course Creator’s own website or platform (or such other third party website or platform as deemed appropriate by the Course Creator) (ii) on-board other Course Creators who can assist in creating and/or delivery of the Course and Students who wish to enrol for the Course (iii) offer tutoring services/providing coaching to Students (iv) offer personalised feedback to Students (v) help Students achieve outcomes (vi) offer payment gateways which enable the Course Creators to collect payment for the Course from Students and such other incidental and ancillary services and tools designed to enable the Course Creator to create and delivery the Courses effectively to their Students using the Platform (collectively the “Pupilfirst Services”).

In relation to the services offered on and through this Website, Pupilfirst is neither a content provider nor an educational institution/educator. Neither the Course Creators nor any other users availing any Pupilfirst Services are employees of Pupilfirst nor is Pupilfirst providing Courses or Pupilfirst Services directly to Students. Pupilfirst is not responsible for interactions between Course Creators and their Students. If you are a Student availing a Course via the Platform offered by a Course Creator, you will be governed by your contract/ terms and conditions agreed with the Course Creator whether available on the Course Creator’s website or communicated to you through such other means as the Course Creator deems fit. Kindly refer to the said contract/terms and conditions as applicable. The responsibility of Pupilfirst is limited strictly to provision of the Platform and Pupilfirst Services as set out in these Terms.

3. Registration of Users

The Website may be accessed or viewed without any registration. However, we shall be enabling registrations whereby You can register with Us and thereupon you can have a registered account with Pupilfirst (“Registered User”). Only Registered Users can create and/or offer Courses online using the Platform or enrol for a Course offered through the Platform.

Registered Users are granted a limited, non-exclusive license to access and use the Platform for their personal and commercial purposes in accordance with these Terms. The limited, non-exclusive license to use the Platform is only for the use of the Registered User and the Registered User shall not assign or sublicense their/its license to use the Platform to any third party, without the express written consent of Pupilfirst.

As a Registered User, you shall be responsible for maintaining the confidentiality of your registered account information and to prevent unauthorized access to your account as you shall be fully responsible for all activities that occur through your account. You shall:

• register in your own name only and all account information provided by you will be accurate, complete and up-to-date;
• not pass yourself off as someone else or create multiple and/or false accounts;
• promptly update your account information in case of any change in the same and also update any new account information as required by us to do so;
• not transfer your registration to another person; and
• immediately notify us of any unauthorized use of your registered account or any breach of security.

You may be held liable for any loss incurred by Pupilfirst or any other third party due to any authorized or unauthorized use of your registered account and you shall be responsible to indemnify us for the same.

4. License to Use the Website, Platform and Pupilfirst Services

Subject to Your acceptance of these Terms, we grant you a non-exclusive, non-transferable, limited license to access and use the Website, Platform and Pupilfirst Services. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials on the Website or Platform;
• use the materials for any commercial purpose other than as expressly permitted herein, or for any public display (commercial or non-commercial). If you are a Course Creator having a valid paid account with us, you are ofcourse entitled to charge for the Courses created by you as well as advertise and market your Course as you deem fit;
• attempt to decompile or reverse engineer any software contained on the Website or the Platform or transfer the materials to another person or “mirror” the materials on any other server;
• remove any copyright or other proprietary notations from the materials or from the Website or Platform;

All rights, title, and interest in and to the Website and the Platform (excluding third party content and links) shall remain the exclusive property of Pupilfirst. The Website and Platform are protected by copyright, trademark, and other laws of both India and foreign countries. Nothing in these Terms gives you a right to use our name or any of our trademarks, logos, domain names, and other distinctive brand features.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Pupilfirst at any time. Upon terminating your viewing of this Website or your access to the Platform or to Pupilfirst Services or upon the termination of this license, you must destroy any materials downloaded from the Website and/or Platform in your possession whether in electronic or printed format and take down Courses created on the Platform and all User Content (as defined below) brought onto the Platform by you or your Students.

5. Intellectual Property Rights

In operating our Platform, it’s important for us to make it clear who owns what and who’s responsible for what.

“IPR” for the purpose of these Terms, shall mean all copyrights (including without limitation the exclusive right to reproduce, distribute copies of, display and perform the copyrighted work and to prepare derivative works), copyright registrations and applications, trademark rights (including, without limitation, registrations and applications), patent rights (whether registered or unregistered), trade names or business names, registered and unregistered design rights, mask-work rights, trade secrets, moral rights, author’s rights, rights in packaging, goodwill and other intellectual property rights, and all renewals and extension thereof and all rights or forms of protection of a similar nature or having an equivalent or similar effect to any of the above, which may subsist anywhere in the world, regardless of whether any of such rights arise under the laws of India or any other state, country or jurisdiction.

Pupilfirst Content: IPR in the content on the Website (save and except the User Content) and the underlying technology and software of the Platform and Website (as may be applicable), including all information, software, technology, data, logos, marks, designs, text, graphics, pictures, audio and video files, underlying source code, other data or copyrightable materials or content of the Website and/or the Platform, and their selection and arrangement, (“Pupilfirst Content”) is and shall remain the sole property of Pupilfirst. You may not do, or try to do, the following, without express written permission from Pupilfirst:

• access, modify and/or tamper with Pupilfirst Content, Pupilfirst Services, our computer systems, or the systems of uur technical providers;
• access the Pupilfirst Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide;
• forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Website, Platform or Pupilfirst Services to send altered, deceptive, or false source-identifying information;
• interfere with, or disrupt, the access of any User, host, or network, including sending a virus, overloading, flooding, spamming, the Pupilfirst Services, Wesbite and/or Platform, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Pupilfirst Services, Website and/or Platform;
• reproduce in whole or in part any portion of the Pupilfirst Services, Website and/or Platform.

Your Content: content that is uploaded onto the Platform by a User shall remain the content of the said User (“User Content” which shall include any and all content of the Courses created and/or brought onto the Platform by Course Creators while using the Platform and/or the Pupilfirst Services as well as the content uploaded by Students in connection with the Courses they are enrolled in or while using the Platform and/or Pupilfirst Services). Pupilfirst will not claim any IPR over User Content unless such content infringes the IPR of Pupilfirst Content, Pupilfirst Services and/or Platform. By uploading User Content to the Platform, you agree that:

• You are uploading your User Content onto the Platform at your sole discretion and that Pupilfirst does not in anyway check, certify or provide approval or permission for such upload in any manner
• Pupilfirst may facilitate viewing of your User Content to other Users (e.g. if you are a Course Creator your User Content may be shared with Your Students) via the Pupilfirst Platform
• You agree that by uploading User Content to Our Platform, you are allowing us to store and process your User Content in the manner set out in these Terms and our Privacy Policy.
• You agree that by uploading your User Content on the Platform, you are providing Pupilfirst with all necessary licenses, including a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, display and/or transmit User Content in accordance with the Terms set out herein. .
• You are solely responsible for your User Content and to the extent permissible by law, we exclude all liability with respect to all User Content and the activities of Users with respect thereto.
• Your User Content does not infringe upon IPR of any third party and that you have secured or obtained or received all necessary rights and permissions, as necessary, from any third parties who may own the User Content or part thereof. In plain language, this means that if you’re using content of a third party (including videos, text, charts, powerpoints, etc.) in your User Content, you have obtained the requisite permission to use it from the owner or such person authorised by the owner to grant such permission. If you are going to use something that you didn’t create, make sure that you can demonstrate you have the right to use it before you make it a part of your User Content.
• We do not endorse and will not have any liability or responsibility for User Content or any third-party content. You agree that you will not use any Content, in a manner that would infringe or violate our IPR or the IPR of any other party and that we are not in any way responsible for any such use by you. We have no role in the choice, selection, creation or the production of any User Content and we play a passive role in providing you with the Platform where you may avail of Pupilfirst Services.

It is hereby clarified that we are not responsible for screening any User Content. However, we reserve the right at our sole discretion to review and remove or disable access to any User Content for any reason including infringement of IPR.

Use of any content and materials for any purpose not expressly permitted in these Terms, is prohibited.

We are not liable for any infringement of copyrights, trademarks, or other proprietary or IPR arising out of User Content, available through the Platform.

6. Fees

Plans and pricing for the Course creation and delivery and all related Pupilfirst Services available through the Website and Platform (“Paid Services”) is described on our Website’s pricing page.

Depending on the processing method, Pupilfirst may charge transaction fees and respective taxes for the Paid Services. You agree to pay all fees and charges that are applicable to you based on the Paid Services you have availed (“Fees”) and that you are solely responsible for payment of such Fees.

Course Creators shall be able to select a payment plan for the Paid Services and make payment for the same through the payment modes available on the Website. Students in turn may, if we enable the same on the Platform and depending on the payment plan for the Paid Services that a Course Creator has subscribed to, be able to pay for Courses they enroll in through payment modes available through the Platform or on the respective Course Creator’s website. The fees for Courses offered by Course Creators on or using the Platform shall be as fixed by the Course Creator and shall be payable directly to the Course Creator.

By availing any Paid Service, you agree to allow Pupilfirst to place your registered account on a recurring payment plan, wherever possible. The registered account will automatically be re-billed after the end of every billing period as mentioned in the specific payment plan of the Paid Service availed by you (“Billing Period”).Unless you submit a cancellation request to us (i) in writing via email to [email protected] or directly through your registered account, 5 (five) business days prior to the start of a Billing Period, or (ii) by going to the Manage Subscriptions link on the billing page and clicking on the cancellation button on a day prior to the expiry of a particular Billing Period, we will automatically renew the Paid Services as per your existing plan for another Billing Period and payment shall be automatically deducted from your account for such renewal from the payment method you have approved on your registered account. Upon your submission of a cancellation request as aforementioned, your automatic renewal of Paid Services as per your existing plan for the next Billing Period will be cancelled. However, you can continue to use the Paid Services till the end of the Billing Period for which you have paid.

You agree that Pupilfirst may charge your account based on the specific plan that you have chosen for the Paid Services availed by you and Pupilfirst shall be authorised to deduct Fees for each Billing Period accordingly. You shall not raise any disputes for such automatic deduction of payment from your account unless you have cancelled the plan for Paid Services in accordance with these Terms. In the event there has been any deduction of Fees from your account after your cancellation of the Paid Services in accordance with these Terms, please send an email to [email protected] and we shall address your concern at our earliest. .

The amount paid for Paid Services for a Billing Period shall be non-refundable. There will be no refunds or credits for the partial period of availing the PaidService nor will any refunds or extensions be made should the paid User not use or has under utilised the Paid Services during the period in which it is to be availed.

In the event you change your pricing plan for Paid Services between Billing Periods, you will be charged for the new pricing plan you chose. You will continue to be charged for the new pricing plan until you change your plan again or cancel your registered account with us.

Pricing plans or Fees for Paid Services are subject to change without prior notice and are exclusive of applicable taxes or duties imposed by governing authorities.

In the event of non-receipt of payment as per your applicable Paid Service plan, your access to the Platform and the Paid Services shall be suspended until the payments due have been cleared.

You will be solely responsible for the security and confidentiality of your payment methods given to the Website. Pupilfirst expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of payment methods.

Pupilfirst reserves the right to offer custom plans and pricing in addition to what is offered on the pricing page. Custom plans may also include custom billing and payment terms, including Billing Periods and renewals, that are different from our standard terms

7. Cancellation, Deletion and Termination

If You cancel a Paid Service, the cancellation will become effective at the end of the then-current Billing Period. Upon such cancellation, you will not be entitled to a refund of fees paid for any period during which you have not utilised the Paid Services or for or for under utilisation of the Paid Services that you were entitled to use as per your paid plan. When You cancel a paid plan, Pupilfirst may disable access to features available only to paid Users of the Platform.

A registered account may be deleted if it remains inactive (e.g., the User fails to log in) for a continuous period of at least three (3) months. Activity of a registered account shall be determined by Pupilfirst in its sole discretion.

You may delete your registered account at any time.

A registered account that has never availed of the Pupilfirst Services and/or availed the 30-day free trial period but thereafter not signed up for a Paid Service by making the requisite fee payment, may be deleted at Pupilfirst’s discretion within forty five (45) days from the date of registration.

If your registered account is deleted (regardless of the reason), the User Content (including the Courses created using the account) associated with such registered account may no longer be available. Pupilfirst is not responsible for the loss of such User Content.

Upon deletion of your registered account (regardless of the reason), all licenses granted by Pupilfirst to the User will terminate, except a limited license to access the Website and such other Pupilfirst services that does not require a registration.

We may require you to change your password if we reasonably believe that your registered account has been or are likely to be misused, and we will notify you accordingly.

You agree that we may access, preserve, suspend or delete your registered account, information and/or suspend access to the Website or Platform or Pupilfirst Services and disclose relevant information, if required to do so by law or if we genuinely believe that such an act is reasonably necessary. We also have the right to immediately delete registered account(s) and/or initiate legal proceedings under applicable laws, against Users for fraudulent use of the Website, Platform or Pupilfirst Services and any other unlawful acts or omissions in breach of these Terms.

Even if we suspend or terminate your account with us, you will still be liable to us, for any act of yours before such suspension or termination.

Should a Course, Course Creator account, or Student account be canceled or deleted, the Course Creator or Student may no longer have access to Pupilfirst Content and User Content linked to such Course or account may be irrecoverable. Pupilfirst shall not be liable to any party in any way for the inability to access User Content arising from any cancelation or deletion, including any claims of interference with business or contractual relations and it shall be solely your responsibility to maintain backups and archival copies of your User Content as you deem appropriate.

8. Pupilfirst’s General Rights

Pupilfirst reserves the following rights over the entire Website and Platform:

• Pupilfirst may modify, terminate, or refuse to provide Pupilfirst Services at any time for any reason, without notice
• Notwithstanding anything contained in these Terms, Pupilfirst may remove anyone from the Website or Platform at any time for any reason, solely upon the discretion of Pupilfirst.
• Pupilfirst may, but has no obligation to, monitor any content that appears on the Platform or review any conduct occurring through the Platform, including any interactions between/amongst Course Creators Students and/or Pupilfirst employees.
• Pupilfirst reserves the right to modify, suspend, or alter its refund policy, at its sole discretion.
• If you close your registered account or terminate your use of Pupilfirst Services, Pupilfirst may keep a copy of your User Content. You grant us a non-exclusive, perpetual, irrevocable license to keep and maintain a copy of your User Content for compliance with any relevant laws and regulations, subject to applicable law.
• Pupilfirst reserves the right to remove you and your User Content without warning if you violate any of the provisions of these Terms and it shall be solely your responsibility to maintain backups and archival copies of your User Content as you deem appropriate.

9. Disclaimer

Any use or reliance on any materials posted on the Website and/or Platform or obtained by you through the Website and/or Platform or by using Pupilfirst Services is at your own risk. The Website and/or Platform and the Pupilfirst Services and materials on the Website and/or Platform are provided on an “as is” and “as available” basis. Pupilfirst does not endorse, support or guarantee the completeness, accuracy or reliability of any materials on the Website and/or Platform or make any warranties, expressed or implied with regards to Pupilfirst Services, Website and/or Platform, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Without limiting the foregoing, we do not warrant that the Website, Platform, Pupilfirst Services or any part thereof will meet your requirements or that the Website, Platform, Pupilfirst Services or any part thereof will be available at any particular time or location, uninterrupted or secure.

You acknowledge that, although the internet is often a secure environment, sometimes there are interruptions in service or events and Pupilfirst shall not be responsible for any interruption of services and/or loss of any data, while transmitting information on the Website and/or Platform or otherwise. You understand that the Website and/or Platform may be interrupted, suspended, terminated or unavailable at times for any reason such as maintenance, server failure etc and we shall not be liable to you in any manner for any of this. We assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Website, Platform or Pupilfirst Services; and/or any interruption or errors in the operation of the Website, Platform or Pupilfirst Services.

Pupilfirst does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Website and/or Platform or otherwise relating to such materials or on any sites linked to this Website and/or Platform. We also do not warrant that the Website and/or Platform will be available on a consistent basis or that the Website and/or Platform will be free from defects, viruses or other harmful material.

No advice or information, whether oral or written, obtained by you from us through the Website and/or Platform shall create any warranty, representation or guarantee not expressly stated in these Terms.

The materials and/or Content (including user Content) appearing on the Website and/or Platform could include technical, typographical, or photographic errors. Pupilfirst does not warrant that any of the materials on the Website/Platform are accurate, complete, or current. Pupilfirst may make changes to the materials contained on the Website and/or Platform at any time without notice. Pupilfirst does not, however, make any commitment to update the materials.

10. Indemnity

You agree to indemnify, defend and hold us and our partners, staff and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of these Terms or use of the Website and/or Platform and/or Pupilfrst Services or your violation of any applicable laws.

11. Limitations

Pupilfirst shall not be held responsible and expressly disclaim any liability whatsoever for any claims, demands or damages, direct or indirect, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with Pupilfirst Services, Platform and/or Website including disputes, claims, losses, injuries, damage of any kind that may arise out of the Course Creator/Student relationship or reliance on User Content by any of the Users.

In no event shall Pupilfirst or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to access the Website, Platform and/or Pupilfirst Services and/or use the materials on the Website and/or Platform, even if Pupilfirst or an authorized representative of Pupilfirst has been notified orally or in writing of the possibility of such damage. We are also not liable to you or any third party (for any monetary or other damage suffered by you or such third party) owing to any omissions, errors, inaccuracies, delays, failures, interruptions, viruses, defects, deletions, failure in networks or communications lines, destruction, theft or unauthorized access to your network, system or computer.

12. Third Party links

Pupilfirst has not reviewed all of the sites linked to its Website and/or Platform and is not responsible for the contents of any such linked site. The inclusion of any third-party link does not imply endorsement by Pupilfirst of such websites. Use of any such linked website is at the user’s own risk.

13. Governing law

Our rights and obligations pursuant to these Terms are governed by, and shall be construed in accordance with, the laws of India and the place of jurisdiction shall be exclusively in Thiruvananthapuram, Kerala.

14. Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:

Name: Hari Gopal
E-mail address: [email protected]