Effective Date: November 18th, 2014
Last Updated: August 31st, 2018
Sangha of Edlio LLC (“Sangha”) is provided in Canada by Scholantis Learning Systems Inc. also of Edlio LLC (“Scholantis”). Scholantis is Incorporated in British Columbia.
- Basic Principles.
- You must be 13 years or older to use the Application.
- Students 13 years of age or older may only use Sangha with the permission of their teacher.
- If your Sangha account is terminated for any reason, you may not create another Sangha account without our express prior written permission to do so.
- Guardians are solely responsible for providing consent for Students to participate in activities planned via the Application.
- Teachers, Organizers and Admins are solely responsible for providing adequate waiver or consent requests to Parents/Guardians and monitoring receipt for activities planned via the Application.
Sangha reserves the right, at its sole discretion, to modify, discontinue or terminate the Application at any time without prior notice
If we make significant changes impacting the collection, use, disclosure or retention of personal identifiable information, including protection thereof, we will also provide notice to you (30) days in advance of implementing those changes by sending an email notification to the email address on record.
- Account Registration and Eligibility.
3.1 Residence; Age Requirement; Authority.
In order to use any of the Application, you must be in a country in which Sangha is legally authorized to operate the Application and be 13 years of age.
Teachers may wish to interact with students on the Sangha platform. Teachers agree that all students are 13 years of age or older and they have obtained all necessary consents, including parental consent, prior to providing permission and access to the student.
3.2 Children under the age of 13
The Service is intended by Sangha to be made available only to individuals who are at least 13 years old.
If you do not qualify for eligibility, then you are prohibited from downloading, accessing, using and registering for the Service. Sangha will not collect Personal Data from any person who is actually known to us to be under the age of 13. If we become aware that a person under 13 has provided Personal Data, Sangha will take steps to remove such information and terminate that individual’s account, access and use of the Service. If you believe that a user under 13 may have provided us personal information in violation of this paragraph, please contact us at firstname.lastname@example.org.
To use any aspect of the Application and become a “User”, you must download the Application, and create an account where you will provide certain information depending on whether you are a Guardian, Teacher, Organizer or Administrator.
a. Guardian: Guardians, or adults with legal responsibility for a minor, will create an account by providing their full name, email address, and name, grade, school, class, and relationship to guardian for each of his or her children. Multiple Guardians may link their accounts to a single child. For example, a mother, father, and nanny could all add the same child to their individual profiles on the Application.
b. Teacher: Teachers, or adults with an affiliation to an educational institution or extracurricular activities, will create an account by providing his or her full name, email address, school affiliation and classroom and student details. Teachers must abide by any data collection or communication limitations set by their educational institutions or other businesses providing extracurricular activities when using the Application to contact Guardians.
c. Admin: Admins or staff and management at an educational institutional or other extracurricular activity provider, will create an account by providing his or her full name, email address, and school/business affiliation. Admins must abide by any data collection or communication limitations set by their educational institutions businesses when use the Application to contact Guardians.
You will be responsible for providing the mobile device, network connection and any other hardware and software necessary to use the Application.
3.5 Account Confidentiality.
You agree that you will not allow others to use any aspect of your Account Information. You are responsible for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Sangha will not be responsible for any losses arising out of the unauthorized use of any of your Account Information and/or account and you agree to indemnify and hold harmless Sangha its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
To prevent unauthorized access, to maintain data accuracy and to ensure the appropriate use of Account Information, Sangha uses appropriate, commercially reasonable physical, technical and administrative procedures to safeguard the information we collect.
4.1 Application Fees.
4.2 Third Party Fees
Sangha uses commercially reasonable means to create a payment module within the Application to allow users to collect and pay donations or fees for services, goods, and admission fees as applicable from other users. When using said payment modules, all users shall pay all applicable third party payment processors and gateway fees, customs, duties, sales, use, value added or other taxes, federal, provincial, state or otherwise, however designated, which are levied or imposed upon users for using the payment module.
- Your Content.
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our Application (“Your Content”), you understand and agree that:
a. You will continue to own and be responsible for Your Content;
b. Sangha will not sell Your Content to any third party;
d. You are giving Sangha the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing the service to you, including new services that Sangha may provide in the future;
f. Sangha may share Your Content with third parties that Sangha works with to help provide our Application, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to our Application).
- License to the Application.
6.1 License Grant.
Sangha grants to you a limited, non-exclusive, non-transferable license to access and use the Application in legally authorized jurisdictions for personal non-commercial purposes only. If you subscribe to the Application, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a User. Any violation by you of the license provisions contained in this Section 6.1 may result in the immediate termination of your right to use the Application. Sangha reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE APPLICATION NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
Sangha may from time to time make available to all users of the Application, updates at no cost or subject to additional fees in Sangha’s sole discretion. “Updates” means any updates, upgrades or error corrections to the Application that Sangha makes available generally to users of the Application. Notwithstanding anything else contained in this Agreement, Sangha will have no obligation to continue producing or releasing new versions of the Application or any updates thereto.
- General Prohibitions.
You agree not to do any of the following while using the Application:
a. Use the Application in a manner inconsistent with any and all applicable laws and regulations;
b. Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
c. Bully, intimidate, or harass any User;
d. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
e. Sell or otherwise transfer your profile;
f. Do anything that could disable, overburden, or impair the proper working or appearance of Sangha such as a denial of service attack or interference with page rendering or other Sangha functionality;
h. Use the Application to reproduce copyrighted materials;
i. Collect or store any personally identifiable information from the Application from other users of the Application without their express permission;
j. Make the Application available over a network where it could be used by others;
k. Provide your Account Information, including your password, to any other person;
l. Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Application or any portion of them, except as expressly allowed under applicable law;
m. Circumvent any technology used by Sangha or its licensors to protect communications via the Application;
n. Rent, lease or sublicense any of the Application;
o. Use the Application in any way that violates the terms of this Agreement or other Sangha policies; or
p. Encourage or enable any other individual to do any of the foregoing.
Your content is fully owned by you and your licensors.
As between you and Sangha you acknowledge that Sangha owns or has a license to all title and copyrights in and to the Application. All title and intellectual property rights in and to the licensed content in the Application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
8.2 Sangha Trademarks and Third-Party Trademarks.
The following are registered trademarks or trademarks of Sangha: Sangha and its design logo, as well as certain other Sangha trademarks, service marks, graphics, and logos (collectively, the “Sangha Trademarks”) used in connection with the Application. The Application may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Trademarks or the trademarks of any third party.
The Application may use technology to protect the digital information shared through the Application from unauthorized use for several features. Your use of the Application may be limited by such technology. Further, you acknowledge that such security features may not be impermeable. You acknowledge that, from time to time, Sangha may modify or discontinue using such technology. Security modifications made by Sangha may from time to time include required updates to the Application. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
FERPA , PIPEDA (Canada), BC FIPA (British Columbia) and California AB 1584.
Regarding FERPA, PIPEDA (Canada), BC FIPA (British Columbia) and California AB 1584 (Buchanan) Privacy of Pupil Records: 3rd-Party Digital Storage & Education Software (Education Code section 49073.1), Sangha will abide to the following:
a. Student records obtained by Sangha from an educational institution continue to be the property of and under the control of the educational institution. The educational institution retains full ownership rights to the personal information and education records it provides to Sangha.
b. Sangha users may retain possession and control of their own generated content by signing into and accessing their Sangha account and downloading or removing such content.
d. Parents, legal guardians, or eligible students may review personally identifiable information in the student’s records and correct erroneous information by contacting their educational institution. Additionally, Sangha users may access, correct, update, or delete personal information in their profile by signing into Sangha, accessing their Sangha account, and making the appropriate changes.
e. Sangha is committed to maintaining the security and confidentiality of student records. Towards this end, we take the following actions: (a) we limit employee access to student data to only those employees with a need to such access to fulfill their job responsibilities; (b) we conduct background checks on our employees that may have access to student data; (c) we conduct regular employee privacy and data security training and education; and (e) we protect personal information with technical, contractual, administrative, and physical security safeguards in order to protect against unauthorized access, release or use.
f. In the event of an unauthorized disclosure of a student’s records, Sangha will (1) promptly notify Users unless specifically directed not to provide such notification by law enforcement officials. Notification shall identify: (i) the date and nature of the unauthorized use or disclosure; (ii) the Private Data used or disclosed; (iii) general description of what occurred including who made the unauthorized use or received the unauthorized disclosure; (iv) what Sangha has done or shall do to mitigate any effect of the unauthorized use or disclosure; (v) what corrective action Sangha has has taken or shall take to prevent future similar unauthorized use or disclosure; and (vi) who at Sangha the User can contact. Sangha will keep the User fully informed until the incident is resolved.
g. Sangha will delete or de-identify personal information when it is no longer needed, upon expiration or termination of our agreement with an educational institution with any deletion or de-identification to be completed according to the terms of our agreement with the educational institution, or at the direction or request of the educational institution.
h. Sangha agrees to work with educational institution to ensure compliance with FERPA, PIPEDA and BC FIPA and the Parties will ensure compliance by providing parents, legal guardians or eligible students with the ability to inspect and review student records and to correct any inaccuracies therein as described in statement (4) above.
i. Sangha prohibits using personally identifiable information in student records to engage in targeted advertising.
- Links to Third Party Websites and Services.
The Application, and communications sent through the Application, may contain links to or information regarding third-party websites or resources, including, but not limited to, service providers facilitating payments. You acknowledge and agree that Sangha is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
You acknowledge that you are subject to the terms and conditions of such Third Party resources when you use their services enabled or accessible through the Application. Further, links to such websites or resources do not imply any endorsement by Sangha of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your dealings with, or participation in promotions of any third-party advertisers via the Application are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Sangha is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Application.
- Accessing and Downloading the Application from the App Store.
While the Application can be downloaded from several platforms, the following terms apply to those users who have downloaded the application from the Apple App Store (“App Store Sourced Application”):
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support Application with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Sangha and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Sangha.
- You and Sangha acknowledge that, as between Sangha and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Special Notice for International Use; Export Controls.
You agree to comply fully with all U.S., Canadian and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. or Canadian Government embargo, or that has been designated by the U.S. or Canadian Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- General Practices Regarding Use and Storage.
You acknowledge that Sangha may establish general practices and usage limits on the Application. This may include the length of time we store your data as well as your maximum allotted free data exchange. You agree that Sangha is not responsible or liable for the deletion or failure to store any data or other content maintained by the Application. You further acknowledge that we may change these general practices and limits at any time without notice.
EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:
THE APPLICATION (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS ARE LICENSED TO YOU “AS IS.” ANY USE OF THE APPLICATION WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SANGHA DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SANGHA MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE APPLICATION WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND SANGHA DISCLAIMS ANY LIABILITY RELATING THERETO.
SANGHA MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE APPLICATION WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, SANGHA MAY MODIFY, SUSPEND, OR DISCONTINUE THE APPLICATION (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER SANGHA ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE APPLICATION, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. SANGHA DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SOME OF THE CONTENT, PRODUCTS, AND APPLICATION AVAILABLE THROUGH THE APPLICATION MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT SANGHA ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR APPLICATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SANGHA OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Sangha is not responsible for any incorrect or inaccurate content exchanged through the Application including any consents to activities or payments. Sangha is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any application or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Application. Under no circumstances shall Sangha be responsible for any loss or damage, including personal injury or death, resulting from use of the Application or from any content therein, whether online or offline.
- Limitation of Liability.
YOU WILL INDEMNIFY AND HOLD SANGHA ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY SUITS OR CLAIMS ARISING OUT OF (I) YOUR BREACH OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY INFRINGEMENT BY YOU OF THE COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; OR (II) YOUR USE OF THE APPLICATION.
- Notice for California Members.
Under California Civil Code Section 1789.3, users of the Application from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Application of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
20.1 Entire Agreement.
20.4 Controlling Law and Jurisdiction.
This Agreement will be governed by the laws of the State of California, without regard to conflicts of laws provisions thereof. Except as expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with Sangha or relating in any way to your use of the Application will be in the state and federal courts of the State of California and the venue for the adjudication or disposition of any such claim, action or dispute will be in the County of Santa Clara, California.
- Contacting Sangha.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.