Terms and Conditions : Quanta
By accessing or using Quanta you agree to be bound by these Terms.
PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
These Terms are an agreement between Users and Yara Technologies (Pvt) Ltd, a company incorporated under the laws of Sri Lanka (“Yara”, “we”, “us” or “our”).
Any reference made to an “education institution” in these Terms shall apply to any and all Users from the education institution, which may include administrators, professionals, teachers, employees, and agents from the education institution. The education institution shall be responsible for ensuring that its User comply with these Terms. Any reference made to “student(s)” in these Terms shall apply to any and all Users who are studying at an educational institution. Any reference made to “parent(s)” in these Terms shall apply to any and all Users who are the parent, guardian, or other authorised adult of a minor studying at an educational institution.
Access and Use of Quanta
Quanta needs to be accessed via the Internet, Users are responsible for maintaining the infrastructure required to access Quanta, at their own expense.
In order for a User to use Quanta a education institution will need to provide us with the User’s details (student information such as the student’s name, grade, class; User information such as the User’s name, mobile number, email address) in order for us to register any such User.
All Users of Quanta must be:
- aged 18 or over. By registering for Quanta, you represent and warrant that you are aged 18 or over and legally capable of entering into this legally binding agreement; or
- if you are under 18 years of age that you are using Quanta with the consent of your parent and you have received your parent’s permission to use Quanta and agree to its Terms. Parents must not provide consent unless they agree to bind the minor to these Terms and parents agree to fully indemnify and hold harmless Yara if the minor breaches these Terms.
A User is responsible for maintaining the confidentiality of its account and user credentials. An User is fully responsible for all activities that occur under its account. The User understands and accepts that Yara cannot be held liable for any loss or damage arising from failure to comply herewith.
Quanta has been designed to provide a highly available environment. However, Quanta may become temporarily unavailable due to upgrades, system maintenance or unforeseen technical issues. In these instances, we will make reasonable effort to return the system to its functioning state as soon as feasible. Users understand and accept that said temporary system unavailability may occur throughout the duration of this Agreement.
All content posted on Quanta is based on the data supplied by the education institution and Yara does not guarantee the accuracy, integrity or quality of such content.
No User may upload, post, publish, transmit, reproduce, create derivative works of, or distribute in any way content, software or other material that is protected by copyright or other proprietary right, without obtaining any required permission of the owner.
Users shall not copy, modify, distribute, sell, or lease any part of Quanta, or reverse engineer or attempt to extract the source code of Quanta, unless laws prohibit those restrictions or you have our written permission.
In an effort to improve quality, reliability, performance and features, we shall make changes to Quanta throughout the duration of this Agreement. We reserve the right to modify Quanta without notice. We shall not be liable for any modification, suspension or discontinuance of Quanta or any part of Quanta.
Users understand that Quanta is provided “as is”. We employ best efforts to maintain a properly functioning system and will respond to any malfunction as expeditiously as possible under the circumstances. We make no guarantee that the Users will not experience downtime, malfunction or problems due to network issues, software bugs, system failures, and/or unforeseen circumstance outside the control of Yara.
It is expressly understood and agreed that the use of Quanta is at the Users sole risk. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, or fitness for a particular purpose and non-infringement. Yara makes no warranty that:
- Quanta will meet your requirements;
- Quanta will be uninterrupted, timely, secure or error-free;
- the information obtained from Quanta will be accurate or reliable; and
- any errors in Quanta will be corrected.
No advice or information, whether oral or written, obtained by the education institution from Yara or through or from Quanta shall create any warranty not expressly stated in this Agreement.
In respect of your use of Quanta, Users shall:
- comply with all laws regulations and obligations applicable to your use of Quanta and you may only use Quanta for lawful purposes;
- be respectful and courteous towards other users;
- not use Quanta for professional, commercial, marketing or profit-making purposes;
- not use Quanta in a way that infringes any third party’s rights;
- inform us immediately if you have reason to believe your User credentials have been compromised or is no longer secure; and
- do any act, engage in any practice or omit to do any act or engage in any practice that would bring us into disrepute or interferes with the integrity or supply of Quanta to all Users including, without limitation, introducing any harmful code to any part of the Service.
You understand and agree that you are using the Services at your own risk.
Users agree that they shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through Quanta for the purpose of re-selling or re-distributing, operating a business that competes with Quanta or otherwise commercially exploiting Quanta’s content. Systematic retrieval of Quanta’s content to create or compile, directly or indirectly, a collection, database or directory or any such compilation (whether through bots, spiders, automatic devices, or manual processes) without prior written permission from us is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms is prohibited.
You shall not undertake any scheme to undermine the integrity of the computer systems, servers or networks used by the Service or us, or those of any other, and you shall not attempt to gain unauthorised access to such computer systems, servers or networks.
Our role is limited to providing Quanta and nothing in these Terms or by virtue of the transactions between us and any user shall be deemed or construed to create a partnership, joint venture, agency, employment or any other such relationship.
The charges applicable to use of Quanta shall be determined by us, in our sole discretion and will be advised to the education institution and payable by the educational institution at the beginning of or prior to renewing the subscription.
We are only responsible for informing the education institutions of any increase in charges.
Prior to the commencement of any subscription period, Yara may invoice the education institution for an additional subscription. The charges may be the same or may increase to reflect the current pricing of Quanta. If the education institution chooses to pay the invoice, the education institution will receive Quanta for an additional subscription period under the Terms prevailing at that time.
All other details relating to subscriptions and payment shall be agreed separately between the parties.
Suspension or Termination
In the event of breach by you of these Terms or if we have genuine reason to believe that this is necessary to protect our security and integrity, that of the users or third parties, or for the purpose of prevention of fraud or investigations, we reserves the right to:
- terminate the Terms binding a User with us immediately and without notice; and/or
- limit your access and your use of Quanta; and/or
- temporarily or permanently deactivate your access credentials.
When this is necessary, you will be notified of the establishment of such measure in order to enable you to give explanations to us. We will decide, at our sole discretion, whether or not to lift the measures put in place.
We reserve the right to cease operating Quanta, without notice and for any reason.
We are not liable for any costs, losses or damages of any kind arising as a consequence of terminating your access to Quanta.
For use in the Quanta services, the education institution provides certain data, including, but are not limited to, student demographic information, education records, discipline records, and other personally identifiable information.
Quanta stores personal and other data of a confidential nature, including data that is directly related to an identifiable current or former student of the education institution that is maintained by a education institution or related entity or organization, or by us, as part of the provision of Quanta. The education institution owns this data and we interact with it as an agent of the education institution. We do not own, control, or license such data, except so as to provide Quanta to Users.
Parents must provide consent to the education institution for collection of personal information relating to minors. The education institution acting as an agent of parents grants consent to Yara to collect children’s personal information for educational purposes and for use in Quanta.
Yara may, on occasion, inspect certain confidential information for the purpose of system maintenance and to verify correct system operation. We will not knowingly disclose or disseminate any confidential information to third parties without prior written consent of the education institution, or as permitted or required by law.
Quanta has been designed to withstand breaches in the system from unknown entities. We maintain the technical security of Quanta to prevent unauthorized viewing of data; unauthorized modification of data; and denial of service to Users.
In the unlikely event of a security breach into Quanta, Yara will make reasonable efforts to remedy any security flaws and notify affected parties as required by law. In the case the education institution incurs any expenses as a result of any such breach, such expenses will be the sole responsibility of the education institution.
Quanta is regularly backed up. In the unlikely event that Quanta should experience system failure, we will make our best efforts to return the system to its exact state as it existed prior to the failure. In the event this is not possible, the most recent backup will be restored. The User understands that such loss of data can occur.
In the event an education institution chooses not to continue its use of Quanta the education institution can request deletion of data provided by the education institution from Quanta, which will be performed within 90 days. Data that exists in backups may not be deleted, where it is not feasible to do so and as a consequence, the education institution’s data may exist in backups until the backups are destroyed.
Limitation of Liability and Indemnities
The education institution and all Users expressly understands and agrees that it will not hold Yara liable for any direct, indirect, incidental, special, consequential or exemplary damages resulting from:
- the use or the inability to use Quanta;
- the cost of procurement of substitute services;
- unauthorized access to or alteration of the data; and/or
- any other matter relating to Quanta.
Without waiving the foregoing limitation of liability, in the event the education institution or a User should pursue any cause of action under this Agreement involving Yara, at Yara’s discretion it may terminate the agreement with the education institution or User.
The education institution agrees to indemnify and hold Yara and its officers, agents, employees, and other partners harmless from any claim or demand, including reasonable legal fees, made by any parent, student or third party due to or arising out of its use of Quanta, unauthorised use of data and any of the subject matter set forth in this Agreement.
We are the sole holder of all intellectual property rights relating to Quanta (notably texts, fonts, images, designs, logos, videos, sounds, data, graphics and to the software and databases ensuring their operation) as protected by local and international intellectual property law.
All rights are reserved in relation to any registered and unregistered trademarks, which are our property.
Your use and access of Quanta does not grant or transfer any rights, title or interest to you in relation to the any of the content set out above. Quanta should not be reproduced, copied, sold, resold or exploited for any commercial purpose without our express written consent.
Modification of these Terms
These Terms and the documents integrated by reference express the entire agreement between you and us relative to your use of Quanta. Any other document, is for guideline purposes only.
We may modify these Terms, in whole or part, in order to adapt to its technological and commercial environment, and to comply with the legislation in force. Modification of these Terms is at our sole discretion and no notice is required save for as provided for in this clause.
Any modification to these Terms will be effective immediately upon the posting of the revised Terms. By continuing to use Quanta following any changes, you will be deemed to have agreed to such changes.
Waiver and Severability
Our failure to enforce any right or failure to act with respect to any breach by a User under these Terms will not waive that right, nor will it constitute a waiver of our right to act with respect with subsequent or similar breaches.
If any part of these Terms is found to be void, unlawful or unenforceable, then that part will be ineffective to the extent it is void, unlawful or unenforceable, without affecting the validity and enforceability of any remaining provisions.
These Terms are governed by the laws of the Democratic Republic of Sri Lanka and the parties submit to the exclusive jurisdiction of the Sri Lankan courts.