Please read this terms of service (the “terms”) carefully. By accessing or using www.Gt.School (the “website”), the gt.School’s web application (“app”) or any other websites, services, software, or applications of gt school, inc. (“gt.School”) that link to these terms, or any of the services provided or otherwise made available via the website or app, the signatory (defined below) represents that he/ she has read, understood, and agrees to be bound by the terms.
If the signatory does not agree, or does not have the requisite authority or consent to be bound by these terms or do not meet any eligibility criteria set forth below, the signatory and any user that he/ she represents may not access or use the website, app, or services in any way.
IF THE SIGNATORY DOES NOT AGREE, OR DOES NOT HAVE THE REQUISITE AUTHORITY OR CONSENT TO BE BOUND BY THESE TERMS OR DO NOT MEET ANY ELIGIBILITY CRITERIA SET FORTH BELOW, THE SIGNATORY AND ANY USER THAT HE/ SHE REPRESENTS MAY NOT ACCESS OR USE THE WEBSITE, APP, OR SERVICES IN ANY WAY.
1.2 “ Applicant” means the person enrolled in elementary, middle, or high school who has an Account on the Website and for whose benefit the Signatory is applying or has applied for the Program and is using the Services.
1.3 “ Application Data” shall mean information about the Signatory and their Applicant/ Student that is provided to gt.school as part of the application and admissions process.
1.4 “ Content” means the Website, App and Services, and the information, data, Software, computer code (including source or object code), tools, features, services, and content made available on the Website, App and Services such as educational or guidance videos, instructions, exercises, activities, assignments, and all other elements of Services.
1.5 “ De-Identified Data” means data with all applicable personal information or personally identifiable information covered by applicable data protection law, removed.
1.6 “ Fees” shall mean fees for Services as set forth on the Website or App or as otherwise communicated to the Signatory.
1.7 “ Intellectual Property Rights” means inventions and patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade names, trade dress, logos, trade secrets or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising under statutory or common law or by contract and, whether or not perfected, now existing or hereafter filed, issued, or acquired.
1.8 “ Permitted Purpose” shall mean for educational non-commercial purposes for the benefit of the Applicant or the Student, as applicable, in the United States only and for use in accordance with these Terms. The Permitted Purpose is not intended to include use of the Services by any government entity or government user.
1.9 “ Personally Identifiable Data” includes all User Data that personally identifies a prospective or actual Applicant/ Student, or similar information covered by an applicable data protection law but does not include De-Identified Data.
1.11 “ Program” shall mean gt.school’s after-school Gifted and Talented program which comprises of several elements of coaching services for the benefit of the Student.
1.12 “ Services” shall mean provision of gt.school’s services such as application process (including login credentials), testing, enrolment, coaching or any other services that gt.school may offer through its Website, App or otherwise.
1.13 “ Signatory” means the person accessing and using the Website and/ or the App for and on behalf of the Applicant or the Student. The Signatory hereby confirms that he/ she is: (i) an Applicant/ Student over the age of 18; or (ii) the parent or legal guardian of a minor Applicant or Student (“ Parent”). The Signatory agrees that, if required by gt.school, he/ she will promptly submit proof of age, parenthood, or guardianship, as applicable.
1.14 “ Software” shall mean the software made available to the User through the Services, including but not limited to, all files and images contained in or generated by the software, look, and feel, HTML/CSS, visual design elements, and accompanying data.
1.15 “ Student” means an Applicant who has been accepted to the Program.
1.16 “ User” shall mean the Signatory, Applicant or Student, using the Services.
2.6 Rewards. From time to time gt.school may, at gt.school’s sole discretion, provide financial or other rewards to Students. All aspects of any such rewards or reward programs (including selection of the recipient(s) and amount of any such reward) are entirely discretionary to gt.school. Signatory irrevocably represents that the Student has been enrolled with gt.school solely to receive the Services and has not and will never expect or rely upon any such possible rewards from gt.school under any circumstance. Signatory (I) shall ensure that no claim is ever brought by user against any gt.School or any person claiming any right by user to receive any reward, and (ii) is solely responsible for any tax liability that may result from receipt of any rewards and will indmenify and defend gt.School against any damages or claims resulting from the forgoing.
3.3 gt.school will maintain and implement administrative, physical, and technical safeguards designed to secure Personally Identifiable Data from unauthorized access, disclosure, or use. gt.school will have a security incident response plan and will notify the User and the Signatory in the event required by such plan or applicable law.
4.2 Mobile Communications. If the Signatory has opted to receive text messages or phone calls from gt.school, the Signatory agrees to receiving User-related and Services-related information at the mobile number provided to gt.school via text messages or SMS, which may be subject to additional applicable data rates and/ or surcharges. The Signatory may opt out of receiving messages by replying STOP to any message.
4.3 Recordings. For quality assurance, training, and improvement of Services, interactions between the User and gt.school and coaches will be audio and video recorded using Zoom or a similar recording tool.
4.4 Photography and Video Release. Unless the Signatory specifically and expressly opts out of photography or video release by emailing firstname.lastname@example.org, gt.school and its affiliates will have the right to use the User Data such as collected images and videos in accordance with the terms of license as mentioned under Section 6.2 hereinbelow. The User acknowledges that any photographs or video/audio recordings of the Signatory and/or the Student shall remain property of gt.school. Due to the prevalence of mobile and web recording devices, the Signatory also acknowledge that other Students accessing the Services may record or make screen captures of the Services, including of other attendees, and post their own content created from their access of the Services on social media platforms. gt.school disclaims all liability for the capture of the User’s image by other attendees who have access to the Services in any multimedia format.
In case, there is a short charging by gt.school for Services or transaction fee or any other fee or costs because of a technical error or other reason, gt.school reserves the right to deduct, charge or claim the balance subsequent to the transaction and notify the Signatory.
5.2 Cancellation and Refunds: The enrollment and the coaching services can be cancelled by the Signatory at any time upon notice to gt.school. Upon such cancellation, the Signatory shall not be charged Fees for the billable month subsequent to cancellation, however, no refunds or discounts shall be made for the month of cancellation, regardless of whether any Services have been rendered or not.
6.3 Prohibited Activities. The rights granted to the User in the Terms are subject to the following restrictions. THE USER SHALL NOT:
6.4 Third Party Links. Links to third party sites are provided solely for the User’s convenience. gt.school has not reviewed these third-party websites and does not control and is not responsible for these websites or their content or availability. If the User decides to access any third-party sites linked to the Website, App, or Services, or Content, the User does so entirely at the User’s own risk.
gt.school may make certain Software available to the User that are deemed to be licensed to the User by gt.school, for the User’s personal use and only for the Permitted Purpose. gt.school does not transfer either the title or the Intellectual Property Rights to the Software, and gt.school retains full and complete title to the Software as well as all Intellectual Property Rights therein.
7.2 Feedback. All suggestions, solutions, improvements, corrections, reviews, ratings, and other contributions provided by the User regarding the Services will be owned by gt.school, and the User hereby agrees that all such rights shall be deemed to be assigned to gt.school upon provision of such material to gt.school. Nothing in these Terms will preclude gt.school from using in any manner or for any purpose it deems necessary, the know-how, techniques, or procedures acquired or used by gt.school in the performance of the Services.
7.3 Reservation of Rights. gt.school, its licensors, suppliers, and service providers reserve all rights not granted in the Terms.
8.2 Any and all content, including but not limited to, software, services, website, app, confidential information and any other technology or materials provided by gt.School to user are provided “as is” and without warranty of any kind. gt.School makes no warranties, express or implied, including express or implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Neither gt.School (nor any of its subsidiaries, affiliates, suppliers or licensors) warrants or represents that the services will be uninterrupted, error-free, or secure. Signatory acknowledge that there are risks inherent in internet connectivity that could result in the loss of user’s privacy, data, confidential information, and property. Gt.School shall not be responsible for any conduct or misconduct, omissions, negligence, or non-compliance with any of the terms on the part of any users or third parties or for any external events that are beyond the reasonable control of gt.School.
The Signatory agrees to defend, indemnify, and hold GT.School, including its corporate parent(s), subsidiaries, affiliates, and their respective officers, directors, employees, consultants, agents, partners and licensors, harmless from and against any and all damages, costs, liabilities, expenses (including, without limitation, reasonable attorneys’ fees), and settlement amounts incurred in connection with any claim arising from or relating to: (i) the User’s use of, or inability to use, the Website, App, Services, and Content; (ii) the User’s violation of these Terms; (iii) the User’s actual or alleged violation of any rights including Intellectual Property Rights or privacy rights of a third party including other users; (iv) the User Data; or (v) the User’s violation of any applicable laws, rules or regulations. gt.school reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by the Signatory in which event he/ she will fully cooperate with gt.school in asserting any available defenses. The Signatory agrees that the provisions in this section will survive termination of the Terms.
10.2 Indirect Damages. To the maximum extent permitted by applicable law, in no event will gt.School be liable for any special, incidental, indirect, exemplary, punitive, or consequential damages of any kind and however caused including, but not limited to, attorneys fees and costs, business interruption or loss of profits, business opportunities, or goodwill. 10.3 The foregoing limitations apply even if notified of the possibility of such damage and notwithstanding the failure of essential purpose of any remedy.
11.2 Termination. These Terms and any usage rights granted hereunder may be terminated by gt.school at any time upon five (5) days written notice to the Signatory for gt.school’s convenience. The User’s usage rights granted hereunder may be suspended by gt.school immediately if the User violates these Terms. In addition, gt.school may terminate the User’s Account immediately in its sole discretion in the event that the User violates any restrictions stated in these Terms.
11.3 Reinstatement. Following suspension, gt.school will work in good faith to determine whether to reinstate the User’s access to (and any associated licenses to) the Services or permanently terminate the User’s Services.
11.4 Consequences. Termination of Terms and/ or User’s Account will not relieve the Signatory’s obligation to pay any amounts owed by the Signatory under these Terms. Termination of any Services includes removal of access to such Services and barring of further use of the Service. Upon termination of these Terms, the User shall no longer access the Services and shall not circumvent any security mechanisms contained therein. Termination of all Services may also include deletion of the User’s login credentials such as password and the User Data.
12.2 General. The User may not assign these Terms, or otherwise transfer any usage rights created hereunder whether by operation of law, change of control, or in any other manner, without the prior written consent of gt.school. gt.school will not be liable to the Signatory for any delay or failure of gt.school to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of gt.school. Such causes will include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities. Any provision that by its nature is intended to survive the termination of these Terms will survive termination of these Terms. Any notice required under these Terms shall be given in writing and will be deemed effective upon delivery to the party to whom addressed. All notices shall be sent to such address as the parties may designate in writing. Any notice of material breach will clearly define the breach including the specific contractual obligation that has been breached. These Terms and any other terms incorporated by reference herein constitute the entire agreement between the parties regarding the subject matter hereof and supersedes all proposals and prior discussions and writings between the parties with respect to the subject matter contained herein. Headings are for reference purposes only, have no substantive effect, and will not affect the interpretation hereof. Each provision of these Terms is a separately enforceable provision. If any provision of these Terms is determined to be or becomes unenforceable or illegal, such provision will be reformed to the minimum extent necessary for these Terms to remain in effect in accordance with its terms as modified by such reformation.