Terms of Use

Welcome to Palmnote.App ("Palmnote"), a communication and collaboration platform exclusively for the education sector!

Palmnote may be accessed on the web at www.palmnote.app or as an application on any other device (such as a computer, mobile phone or tablet) used by you.

Palmnote is owned and operated by Palmnote Technologies Private Limited ("Company"). Palmnote can be used by organisations such as schools, colleges or any kind of entity imparting education or training (each, an "Owner") to set up an organizational account ("Account") for communicating and collaborating with its respective students, teachers, management, helper staff, vendors etc. (each person, a "Member"), and for communication amongst Members. An Owner may create multiple channels (each, a "Channel") on Palmnote to communicate with different categories of Members. Members can access not just multiple Channels but also multiple Accounts on Palmnote simultaneously. and depending on the educational organisations she/he is a part of, each Member will have a personalized, unique experience on Palmnote.

All users of Palmnote - Owners, Members as well as their respective authorised users (each, a "User") are requested to take note of these Terms of Use ("Terms"), which would constitute an agreement between the Company and the User, once you proceed to install and/or use Palmnote. In addition, Members will be required to abide by such rules as an Owner may require, such as a school’s code of conduct.

In these Terms, "we", "our" and "us" shall mean the Company and "you" and "your" shall mean a User of Palmnote. In case you have any doubts about Palmnote, feel free to reach out to us at support@palmnote.com.

In case you are below 13 (thirteen) years of age, you can use Palmnote only after your parent or guardian agrees to these Terms. We also encourage you to read these Terms and be aware of how Palmnote functions and how you can use it.

In case you represent an organisation, you can proceed to create an Account and/or use Palmnote only after being duly authorised by your organisation.

An Owner may opt for additional and premium features on Palmnote, upon additional terms separately agreed to with the Company.

These Terms may be changed from time to time, and the updated Terms will be posted here. Your use of Palmnote will be governed by the Terms posted at the time of your use. These Terms have been last updated on September 24, 2020.

The Company also owns and operates www.palmnote.com, a separate social networking website exclusively for the education and training sector, which allows Owners and Members create and share their profiles with a wider public. In case you choose to use www.palmnote.com, we request you to read the terms of use and Privacy Policy applicable to that platform.

ACCESS TO PALMNOTE - CREATION, DELETION AND TERMINATION OF ACCOUNT

If you are an Owner, you can create a unique Account for your organisation, which is available for use only to Members who are a part of your organisation. It is your responsibility to ensure that you provide access only to genuine Members and, if required, obtain their consent before doing so. You should also ensure that the Account ID and password created by you are safe and secure at all times.

A User may register on Palmnote by providing her/his name, date of birth, gender and mobile number. Registration is subject to authentication by the Company using the mobile number provided by you. Please note that in case there is a change in your mobile number, you may lose access to the User account created by you.

If you are a Member, you may access an Account on Palmnote upon being invited to do so by the Owner or by the Company, on behalf of the Owner. You should ensure that your sign-in details and password are safe and secure at all times.

If you are a Member below 13 (thirteen) years of age, we will permit your parents (upto a maximum of 2 Users) to access and use Palmnote along with you, but with separate ids and passwords.

In case of any unauthorized use of any ID or password, we request you to bring the same to the notice of the Company immediately, at support@palmnote.com.

An Account may be deleted anytime. An Owner or a Member may also cease use of Palmnote at any time. However, please be sure to make copies of any information that you may have posted on Palmnote, as we do not keep copies of the same. In case you need any guidance in this regard, please reach out to us at support@palmnote.com.

The Company may deny access to any User or delete an Account if it has been set up or is being used in violation of any applicable law or these Terms, specifically the terms of Acceptable Use set out herein.

YOUR PRIVACY IS IMPORTANT TO US

Your access to and use of Palmnote is subject to our Privacy Policy. We respect your privacy and the details of how we handle any information submitted on Palmnote are set out in our Privacy Policy.

You agree to receive promotional and transactional messages from the Company (by way of SMS), for confirming your credentials at the time of registration, for inviting you to join an Account on behalf of an Owner, or to keep you abreast of the services available or used by you on Palmnote.

As Members, you may receive notifications from us, from time to time, with regard to your use of Palmnote or for compliance with applicable law. Parents/guardians of minors who have an Account on Palmnote may also receive notifications from us, with respect to the use of the Account or any transactions conducted through Palmnote. We will provide you with an option to unsubscribe from our notifications, unless the same are required under law or are a legitimate requirement for offering our services on Palmnote.

We will not intentionally monitor or disclose any private messages or address information, unless required by law, regulation or a court order. We may, however, monitor usage of Palmnote to deliver a personalized experience to each User and also ensure that there is no breach of these Terms.

You agree to respect the privacy of other Users.

ACCEPTABLE USE

We do our best to ensure that your Palmnote experience is useful and productive. To enable this, we also require you to abide by our Acceptable Use policy, set out below. Palmnote can be used for communication and collaboration in the educational sector only and not for any purpose that is inconsistent with the spirit and intended purpose of Palmnote.

Your use of Palmnote should in accordance with applicable laws and regulations, these Terms and any additional rules that may be set out by the Owner. You cannot use Palmnote in a manner that may endanger the platform or cause harm to any of the other Users.

Specifically, you will not:

  • provide any kind of false or misleading information or content while registering with or using Palmnote.
  • use Palmnote to create a false identity, to impersonate any person or organization, or attempt to disguise the origin of any content.
  • infringe the legal rights of any other person while using Palmnote, including but not limited to intellectual property rights, proprietary rights, privacy, publicity and personality rights.
  • circumvent or breach any User authentication, password, security or control measures on Palmnote.
  • use Palmnote for any purpose other than your internal requirements.
  • commercially exploit Palmnote in any manner.
  • attempt to gain unauthorized access to any Account or Channel.
  • use or launch any automated system, including, "robots," "spiders," or "offline readers," that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional browser.
  • use Palmnote or any content therein in any manner that damages, disables, overburdens, or impairs any of our websites or web applications or interferes with any other User’s use of Palmnote.
  • use Palmnote to store, share or disseminate defamatory, obscene, pornographic or any other form of illicit images, comments or information.
  • use Palmnote to store or transmit malicious code.
  • access Palmnote other than through our interface.
  • create derivate works based on Palmnote or reverse engineer the underlying software for any reason, whether or not to build a competitive product or service.
  • copy any features, functions or graphics of Palmnote.
  • copy or remove any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in Palmnote or any content therein. and
  • use Palmnote with any device, software or routine that could directly or indirectly, interfere with the proper working of Palmnote.

In case you become aware of any User breaching these Terms of Acceptable Use, please report it to us at support@palmnote.com.

OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

Palmnote, its underlying source code and all features, functionalities and interfaces thereon, including without limitation its "look and feel", are owned by the Company and/or its licensors. All worldwide intellectual property rights therein belong to the Company and/or or its respective owners, as the case may be.

A User will retain ownership of any and all content posted by such User on Palmnote. You hereby grant the Company an irrevocable, perpetual, transferable, worldwide, royalty-free and sub-licensable (through multiple tiers) right and license to exploit, use, copy, distribute, display, publish, perform, sell, transmit, adapt, translate, modify, create derivative works, reverse-engineer, disassemble, decompile and otherwise use or exploit such content, without any further payment to you or any other person claiming under you or deriving any rights or interests from you.

You will not do any act or encourage the violation of any ownership rights and/or intellectual property rights of the Company or any other User. Specifically, you will not make copies, adaptations, derivatives or commercially exploit any portion of Palmnote or any content therein, whether belonging to the Company or any other User.

USER CONTENT

If you upload, post or submit any content (while communicating or sharing any information, images, comments or reviews) on Palmnote, you represent to us that you have all the necessary legal rights to upload, post or submit such content and that it will not violate any law or the rights of any person.

You must ensure that any content uploaded, posted or submitted by you:

  • is not abusive or vitriolic.
  • is not vulgar, sexist, casteist, racist or derogatory in any form or manner.
  • is not in violation of anyone's copyright or intellectual property rights. and
  • is not vindictive of or targets any person(s) individually or personally on the Platform.

The Company may, at its discretion, remove or block any content that is uploaded, posted or submitted in violation of these Terms.

MARKETPLACE

An Owner may provide for a marketplace on its Account, with stores selling goods or services that may be of interest to its Members. Palmnote is merely an online platform that facilitates this, and the Company is not involved in the buying or selling nor does it endorse any goods or services.

Palmnote may also provide for a gateway for making payments for any purchases from such stores. however, Palmnote will not capture or store any credit card/debit card/net banking /payment wallet details of any User.

Palmnote is not involved in collecting or disbursing payments or in making deliveries of the purchased goods. Any transaction between any such store and a User, including any returns, refunds or dispute arising in relation to the same, shall be solely between the concerned parties and Palmnote shall not be held liable for any claims in relation thereto.

THIRD-PARTY WEBSITES

We do not endorse or provide links to third-party websites.

In case you access any third-party website through any content posted by a User, you will be bound by the terms of use and Privacy Policy applicable to that website.

INDEMNITY

In case the Company is subject to any statutory, third-party or legal claims due to any act or omission on your part while accessing and/or using Palmnote, you agree to indemnify, defend and hold harmless the Company, its directors and officers, from and against any and all liabilities, losses, damages, costs and expenses, including without limitation reasonable legal fees, incurred as a result thereof.

DISCLAIMER

PALMNOTE IS MADE AVAILABLE TO YOU "AS IS" WITH OUR ANY PROMISES, REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY THAT THE FEATURES AND FACILITIES PROVIDED ON THE PALMNOTE PLATFORM SHALL MEET YOUR REQUIREMENTS, THAT THE FEATURES AND FACILITIES SHALL BE UNINTERRUPTED OR TIMELY OR SECURE OR ERROR FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE FEATURES AND FACILITIES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED FROM SUCH FEATURES AND FACILITIES.

LIMITATION OF LIABILITY

ACCESS TO THE PALMNOTE PLATFORM AND ITS CONTENT, FEATURES AND FACILITIES ARE AVAILABLE FOR YOUR USE AS A MATTER OF CONVENIENCE ONLY. WE EXPRESSLY DISCLAIM ANY CLAIM OR LIABILITY DUE TO ANY USER UPLOADING ANY DEFAMATORY, OBSCENE, VULGAR OR PORNOGRAPHIC IMAGES, PHOTOGRAPHS OR PICTURES OR ON ACCOUNT OF ANYBODY ALTERING OR DISTORTING THE IMAGES AVAILABLE ON THE PLATFORM IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT WE RESERVE THE RIGHT TO TERMINATE YOUR RIGHT TO ACCESS PALMNOTE IMMEDIATELY IN CASE OF A BREACH OF THESE TERMS, WITHOUT BEING LIABLE THEREFOR AND WITHOUT PREJUDICE TO INITIATING PROCEEDINGS UNDER THE RELEVANT PENAL PROVISIONS OF THE INDIAN INFORMATION TECHNOLOGY ACT, 2000 AND ALL OTHER APPLICABLE LAWS, RULES AND REGULATIONS.

THE COMPANY SHALL NOT BE HELD LIABLE FOR ANY CLAIM OR ACTION INITIATED BY ANY USER AGAINST ANY OTHER USER OR INVOLVING A USER AND THIRD PARTIES, PURSUANT TO USAGE OF THE PALMNOTE PLATFORM. ANY SUCH DISPUTE SHALL BE RESOLVED BETWEEN THE CONCERNED PARTIES WITHOUT INVOLVING THE COMPANY OR AFFECTING THE FUNCTIONING OF THE PALMNOTE PLATFORM.

IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THE PALMNOTE PLATFORM OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., OR INABILITY TO USE THE PALMNOTE PLATFORM, THE PROVISION OF OR FAILURE TO PROVIDE ANY FEATURES OR FACILITIES, OR FOR ANY INFORMATION, GOODS OR SERVICES OBTAINED THROUGH THE PALMNOTE PLATFORM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

COMMUNICATION AND NOTICES

The Company may post notices on Palmnote and all such communication will be deemed to be in "writing" and received by you when posted thereon. The Company may also send you written communication by email to the email ID provided by you while registering on Palmnote.

You may reach us at support@palmnote.com for sending any written communication or notice.

GOVERNING LAW AND JURISDICTION

These Terms shall be governed in all respects by the laws of India.

Any action arising from or relating to the Palmnote platform or these Terms shall be brought in a competent court of law situated at Bangalore, Karnataka.

MISCELLANEOUS

You may not assign or transfer any rights, obligations or privileges that you have under these Terms. Nothing in these Terms is intended to or creates any type of joint venture, employee-employer, partnership or any fiduciary relationship between you and the Company. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be severed from these Terms and the remaining provisions shall be enforced. The Company’s failure to act with respect to a breach by you or others of these Terms will not be deemed a waiver and it will not waive the Company’s right to act with respect to subsequent or similar breaches. These Terms constitute the entire agreement between us with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings, agreements or communication, written or oral, regarding the same. Notwithstanding the termination of your usage of Palmnote, you shall continue to be bound by these Terms in respect of your prior use of the platform and all matters connected with, relating to or arising from such use.