TERMS OF USE

Welcome to TOOPX. Please continue reading to learn about the rules and restrictions that govern your use of TOOPX's website(s) and all other products, services and applications made available by TOOPX from time to time (such as mobile applications and the TOOPX's services available on SMS) (collectively, the "Services"). This Agreement includes the terms in this document, as well as TOOPX's Privacy Policy.

If you are under the age of 18, you must have your parent or guardian read the agreement below and agrees to it for you. If you don't get your parent or guardian to read and agree to this, you don't have permission to use this site. Always get an adult's permission before going online. please read these terms of use ("agreement") carefully before using the services offered by TOOPX technologies LLP. By accessing, viewing, visiting, using, or interacting with this website of TOOPX or with any banner, pop-up, or advertising that appears on it, you acknowledge that you have read these terms of use ("agreement") and that you accept and will be bound by this agreement. If you do not unconditionally agree to all the terms and conditions of the agreement, you may not use the services.

Parties to this agreement

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as "Users," are parties to this agreement. If you are accessing and/or using TOOPX on behalf of your employer or as a consultant or agent of a third party (collectively your company, school), You represent and warrant that you have the authority to act on behalf of and bind your company, Institute to the terms of use and everywhere in this Terms of use that refers to You or Your, shall also include Your Company, School, Institute. TOOPX together with its subsidiaries are the creator of this services and accordingly its owners and/or operators are parties to this agreement, herein are also referred to as "TOOPX."

Modification of terms of use

TOOPX wants to continually improve the experience for the users, so TOOPX’s terms may change from time to time. TOOPX Technologies LLP reserves the right to modify any provision hereof from time to time, and such modification shall be effective immediately upon its posting on TOOPX. You agree to be bound to any changes to this "terms of use" if you continue to use this website, mobile applications after any such modification is posted. Users of TOOPX have an affirmative duty, to keep themselves informed of changes.

Privacy Policy

For information about TOOPX's data protection practices, please read TOOPX's privacy policy. This policy explains how TOOPX treats your personal/confidential information, and protects your privacy when you visit and/or use TOOPX. You agree to the use of your data in accordance with these Terms of use and TOOPX's privacy policy.

CONSENT TO RECEIVE PERIODIC MESSAGES FROM TOOPX

As part of the Services, TOOPX may send communications (such as SMS, emails, and push notifications) to users. TOOPX may send other administrative messages as well. By signing up for the services, you agree to receive communications from TOOPX, and you represent and warrant that each user you invite and/or add to a group has consented to receive communications from TOOPX as well as from you and anyone else in the group. You agree to indemnify and hold TOOPX harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorney's fees) arising from or in any way related to your breach of the foregoing.

Use by children

The Children's Online Privacy and Protection Act ("COPPA") requires that online service providers obtain parental consent or provide notice before they knowingly collect personally identifiable information online from children who are under 13. TOOPX do not knowingly collect or solicit personally identifiable information from a child under 13, except in the following circumstances:

If you are a teacher any other representative of the school/institute, you represent and warrant that you have permission and authorization from your school/institute and/or district to use the Services, and for purposes of COPPA compliance, you represent and warrant that you are entering into these Terms on behalf of your school/institute and/or district.

You may be required to provide valid school/institute credentials and a valid school email address to verify your identity in order to access and use certain features of the Services.

If TOOPX comes to know if any learn personal information have been collected from a student under 13 other than pursuant to the above or if TOOPX learns that a student under 13 has provided personal information beyond what TOOPX request from him or her, TOOPX delete that information as quickly as possible. If you believe that a student under 13 may have provided TOOPX personal information in violation of this paragraph, please contact TOOPX at support@toopx.com

TO PERMANENTLY CEASE RECEIVING SMS TEXT MESSAGES, PLEASE FOLLOW THE INSTRUCTIONS BELOW:

Mail your requirements to support@toopx.com

FEES AND PAYMENT RESPONSIBILITY FOR USAGE CHARGES

Access to and use of the TOOPX Services and the features therein are free for now, however in future, we may offer new or additional special features which TOOPX may charge for. Therefore, TOOPX reserves the right to require payment of fees for certain Services. If you want access to those Services, you will pay all applicable fees for those Services, as will be described on the Services. If you continue to use those Services following such notification, that use constitutes your acceptance of any new or increased charges.

Note that, by using the Services, you may receive e-mail or text messages on your phone or mobile device, which may cause you to incur usage charges or other fees or costs in accordance with your wireless or data service plan. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.

REGISTRATION AND SECURITY

As a condition to using Services, you may be required to register with TOOPX and select a password and user name. You will provide TOOPX with accurate, complete, and updated registration information. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your account. You may not

  1. select or use as a User ID a name of another person with the intent to impersonate that person; or
  2. use as a User ID a name subject to any rights of a person other than you without appropriate authorization. TOOPX reserves the right to refuse registration of or cancel a User ID in its discretion. You will be responsible for maintaining the confidentiality of your password.

CONTENT

All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the "Content")) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial use and only in accordance with the terms of this Agreement and all laws that apply to you. TOOPX is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you:

  1. without the express prior written consent of the respective owners, and
  2. in any way that violates anyone else's (including TOOPX's) rights.

You may download or copy certain Content for personal non-commercial use only, provided that you maintain all copyright and other notices contained in such Content. Copying or storing of any Content other than personal, noncommercial use is expressly prohibited without prior written permission from TOOPX or from the copyright holder identified in such Content's copyright notice.

You will not link to the Services without TOOPX's prior written consent, except in accordance with the terms of this Agreement.
In the course of using the Services, you and other users may provide information which may be used by TOOPX in connection with the Services and which may be visible to certain other users. All materials, information and content that you post or otherwise provide to TOOPX (and in connection with the Services) are your "User Submissions". You retain ownership of the rights you may have in your User Submissions, provided that TOOPX hereby is and will be granted a non-exclusive, worldwide, royalty free, perpetual, irrevocable, and transferable (only to an successor) right to fully exploit such User Submissions (including all related intellectual property rights) and to allow other users to do so (however, TOOPX will only share your personally identifiable information in accordance with TOOPX’s current Privacy Policy.

Furthermore, TOOPX (and any other user who accesses User Submissions) retains the right to reformat, modify, create derivative works of, excerpt, and translate any User Submissions submitted by you. You grant other users of the Services a non-exclusive license to access your User Submissions through the Services, and to exercise rights in and to such User Submissions and to view such User Submissions as permitted through the functionality of the Services and under this Agreement (for example, the recipients of a message sent by you will be able to save, copy, edit and store that message). All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that TOOPX will not be liable for any errors or omissions in any content. TOOPX cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, TOOPX cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

Under no circumstances will TOOPX be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

Code of Conduct

  1. By agreeing to these Terms, you're agreeing that, when using the Services, you will follow these rules:
  2. Enforcement. If you violate these Terms, we may stop providing Services to you or we may close your TOOPX account. We may also block delivery of a communication (like email or instant message) to or from the Services in an effort to enforce these Terms or we may remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, TOOPX reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.

Dealings with Third Parties

The Services may contain links to third party websites that are not owned or controlled by TOOPX. When you access third party websites, you do so at your own risk. TOOPX encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each third party website that you visit or utilize.

TOOPX has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites. In addition, TOOPX will not and cannot monitor, verify, censor or edit the content of any third party site. By using the Services, you expressly relieve and hold harmless TOOPX from any and all liability arising from your use of any third party website or service.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that TOOPX will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between users on this site, or between users and any third party, you understand and agree that TOOPX is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release TOOPX, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.

DISCLAIMER

pertaining to the contents of TOOPX, TOOPX makes no representation or warranty, either express or implied, as to its accuracy, adequacy, sufficiency, or freedom from defect of any kind. users assume all the risk of viewing, reading, using, or relying upon this information. unless you have otherwise formed an express contract to the contrary with TOOPX, you have no right to rely on any information contained herein as accurate. TOOPX makes no such warranty. User downloads information from this site at their own risk. Toopx makes no warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms. Any material uploaded or otherwise demonstrated through TOOPX is done at your own discretion and risk and that you will be solely responsible for any claims arising out of uploading any such material. TOOPX has no special relationship with or fiduciary duty to you. you acknowledge that toopx has no control over, and no duty to take any action regarding which users gains access to the services; what content you accesses via the services; what effects the content may have on you; how you may interpret or use the content; or what actions you may take as a result of having been exposed to the content. You release TOOPX from all liability for you having acquired or not acquired content through the services. No advice or information, whether oral or written, obtained by you from TOOPX or through or from toopx services shall create any warranty not expressly stated in the terms of use. Nothing in the terms of use should be construed to confer any rights to third party beneficiaries.

LIMITATION OF LIABILITY

You understand and agree that toopx shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TOOPX has been advised of the possibility of such damages), resulting from:

  1. the use or the inability to use TOOPX, and/or its service
  2. procurement of goods and services, information obtained or messages received or transactions entered into through or from the website and/or its service
  3. access to or alteration of your transmissions or data
  4. statements or conduct of any third party on the service; or
  5. any other matter relating to the website and/or service.

Disclosure of User Information

User consents and agrees that TOOPX may access, preserve, and disclose User's registration and any other information if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to:

  1. comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures
  2. enforce this User Agreement
  3. respond to claims of violation of the rights of third parties, whether or not the third party is a User, individual, or government agency
  4. respond to customer service inquiries; or protect the rights, property, or personal safety of TOOPX Users or the public.

Indemnity

User agrees to hold harmless and indemnify TOOPX, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, without limitation, from and against any claims arising from or in any way related to the use of TOOPX by the users, uploading user information, violation of any third Party rights pertaining to any intellectual property rights or confidential information, violation of these Terms of Use or any other actions connected with use of TOOPX Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, TOOPX will provide you with written notice of such claim, suit or action. The users waive all rights to claim damages that may have caused to them by visiting and/or using this TOOPX.

Termination

This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time by contacting us at support@toopx.com Company may suspend or terminate your access to the Services, Website or your account at any time, for any reason (without cause or for your violation of any term of this Agreement), and without warning or notice, which may result in the forfeiture and destruction of all information associated with your membership. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.