Acceptance of these terms
These Terms and Conditions form an agreement between Anovish (“Anovish”, “we”, “us”) and the educational institution that subscribes to our platform (“the Institution”, “you”). They apply to the Anovish website, the Anovish School ERP application at erp.anovish.com, and any related services.
By subscribing to the platform, creating an account, or allowing your staff to use it, you accept these terms. If you have signed a separate written agreement or proposal with Anovish, that document takes precedence wherever the two conflict.
Definitions
- Platform
- The Anovish School ERP application and any module the Institution has subscribed to.
- Institution
- The school, college or institute named in the subscription or proposal.
- Authorised User
- A person the Institution permits to sign in — administrator, teacher, accountant, management or parent.
- Institution Data
- All records the Institution or its Authorised Users enter into or generate on the Platform, including student, staff, attendance, fee, examination and financial records.
- Subscription Term
- The period for which the Institution has paid to use the Platform.
Eligibility and accounts
The Platform is offered to registered educational institutions and to the people they authorise. By subscribing you confirm that the person accepting these terms has authority to bind the Institution.
- Each Authorised User must have their own login. Shared credentials are not permitted.
- The Institution is responsible for keeping credentials confidential and for all activity under its accounts.
- Tell us promptly at info@anovish.com if you believe an account has been compromised.
- The Institution is responsible for withdrawing access when a staff member leaves.
Right to use the platform
For the Subscription Term, and provided fees are paid, Anovish grants the Institution a non-exclusive, non-transferable right to access and use the subscribed modules for its own internal administrative and academic purposes.
This is a right of access, not a sale. Anovish retains ownership of the Platform and all software behind it.
Institution responsibilities
The Platform records information about children, parents and staff. The Institution remains responsible for that information and specifically agrees to:
- Enter accurate data and correct it when it changes.
- Hold the lawful basis and, where required, the consent needed to record and process student, parent and staff data, including any parental consent required by applicable law.
- Use the Platform only for lawful purposes connected to running the Institution.
- Ensure Authorised Users understand their obligations under these terms.
- Obtain any consent required before sending SMS or other messages to parents and staff through the Platform, and comply with applicable TRAI and DLT requirements.
Acceptable use
You agree not to:
- Copy, reverse engineer, decompile, resell, sublicense or otherwise make the Platform available to any third party.
- Attempt to gain access to accounts, data or areas of the system you are not authorised to reach.
- Introduce malicious code, or interfere with the operation, integrity or performance of the Platform.
- Use automated means to extract data at a scale that affects the service for others.
- Upload unlawful, defamatory or infringing content.
Fees, invoicing and taxes
Fees are set out in the proposal or invoice issued to the Institution. Unless that document says otherwise:
- Subscription fees are payable in advance for the Subscription Term.
- Implementation, data migration, training and customisation may be charged separately.
- All fees are exclusive of GST and any other applicable taxes, which are charged in addition.
- Invoices are payable within 15 days of the invoice date.
- Where an invoice remains unpaid beyond 30 days, Anovish may suspend access after giving written notice.
Refunds are dealt with in our Refund Policy.
Ownership of institution data
Institution Data belongs to the Institution. Anovish does not claim ownership of it and processes it only to provide and support the Platform, and as described in our Privacy Policy.
Anovish will not sell Institution Data, and will not use it for advertising.
Availability and support
We work to keep the Platform available and to resolve issues promptly. Planned maintenance is scheduled outside teaching hours wherever practical, and we give advance notice of work likely to interrupt service.
We do not guarantee uninterrupted availability. Access depends on your internet connection, your devices and third-party infrastructure outside our control. Where the Institution requires a specific uptime commitment or support response time, it must be agreed in writing in the subscription agreement.
Intellectual property
The Platform, its source code, design, interfaces, documentation, the Anovish name and logo, and all related intellectual property are and remain the property of Anovish. Nothing in these terms transfers any of it to the Institution.
Any feedback or suggestions you share may be used by Anovish to improve the Platform without obligation to you.
Third-party services
Some features rely on third parties — for example SMS and DLT gateways for messaging, and payment gateways for online fee collection. Those services are governed by their own terms, and Anovish is not responsible for their performance, pricing or availability.
Online payments are processed by PCI-DSS-compliant third-party payment gateways. Card and bank-account details are entered with the gateway and are not stored by Anovish.
Confidentiality
Each party may receive information the other treats as confidential. Both agree to protect it, use it only for the purposes of this agreement, and not disclose it except to people who need it and are bound by similar obligations, or where disclosure is required by law.
Term, suspension and termination
The agreement runs for the Subscription Term and renews only if both parties agree in writing or a renewal invoice is raised and paid.
- Either party may terminate for material breach if the breach is not remedied within 30 days of written notice.
- Anovish may suspend access for non-payment, or where use of the Platform threatens the security or integrity of the service.
- On termination, the Institution’s right to use the Platform ends and any fees due become immediately payable.
- The Institution may request an export of its data within 30 days of termination. After that period, data may be deleted in line with our retention practice.
Disclaimers
Anovish provides the Platform with reasonable care and skill. Beyond that, and to the fullest extent permitted by law, the Platform is provided on an “as is” basis without further warranties of any kind, whether express or implied.
Anovish does not warrant that the Platform will be error-free, or that it will meet requirements the Institution has not communicated to us in writing.
Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect or consequential loss, loss of profit, loss of goodwill, or loss of anticipated savings.
Anovish’s total liability arising out of or in connection with this agreement, whether in contract, tort or otherwise, is limited to the fees paid by the Institution to Anovish in the 12 months immediately before the event giving rise to the claim.
Nothing in these terms limits liability that cannot be limited under applicable law.
Indemnity
The Institution agrees to indemnify Anovish against claims, losses and reasonable costs arising from its own breach of these terms, its unlawful use of the Platform, or the absence of a lawful basis or required consent for data it has entered.
Events outside our control
Neither party is liable for failure or delay caused by events beyond its reasonable control, including natural disasters, fire, flood, epidemic, war, civil unrest, strikes, failure of public telecommunications or power networks, government action, or failure of third-party infrastructure.
Changes to these terms
We may update these terms as the Platform and the law develop. The current version is always published on this page with the date it was last updated. Where a change materially affects the Institution’s rights, we will give reasonable notice by email to the registered contact.
Continuing to use the Platform after a change takes effect means you accept the updated terms.
Governing law and jurisdiction
These terms are governed by the laws of India. The courts at Gautam Buddha Nagar, Uttar Pradesh have exclusive jurisdiction over any dispute arising from them.
Before starting proceedings, both parties agree to attempt to resolve the dispute in good faith by writing to the other at the contact details below.
Questions about this policy
Write to us and we will respond. For anything contractual, please quote your institution name so we can find your agreement.