1. The Family Diary App, in all of its forms, whether it be featured on the Family Diary App or online website or any of the Family Diary App mobile application (“apps”) services, is a product of Generation System (“Generation System”).
2. By using the Family Diary App, online website or any of the Family Diary App mobile apps services, you are agreeing to be bound by the following terms and conditions.
3. Generation System reserves the right to update and change the terms and conditions that apply to all clients without notice. The updated terms and conditions will only be in effect once they are published on the Family Diary App and online web site. Continued use of the Family Diary App product after any such changes shall constitute your consent to such changes.
4. The definition of “The Client” used in this document pertains at all times to the organization that is the intended party requesting apps from Family Diary App.
5. Any Family Diary App offer made by Generation System is limited to the duration advertised or in the absence of such time or in the event of any error or omission shall be valid for 24 hours from when it first appeared unless Generation System in its sole discretion decides to change the extent or duration of any offer.
6. Generation System is authorised to issue Recipient Created Tax Invoices (RCTIs) in respect to the services outlined in this proposal.
7. Any reference to a sum charged by Generation System is in American Currency (USD) unless otherwise noted and is subject, where applicable, to the addition of India’s Goods & Services Tax (GST).
8. Generation System acknowledges that it is registered for GST in India when it enters this agreement and will notify The Client if it ceases to be registered.
9. The Client acknowledges that if it is required pursuant to Indian Law that it is registered for GST when it enters this agreement and will notify Generation System if it ceases to be registered.
10. The Client is responsible for maintaining the security of their online account and password.
11. By using Family Diary App, The Client asserts itself to have ownership and license, or some other clear right, to enter the Agreement on behalf of the website submitted to Family Diary App. In the event that the right to enter the Agreement is shown to be non-existent, or a competing claim of right is proven to be stronger, Generation System reserves the right to remove the application from its systems, or alter the Agreement to be with the proper right holder instead. No refund will be issued.
12. Generation System will use reasonable efforts to have the Family Diary App application approved by the Google Play App Store & Apple/iTunes Stores. Although there is generally a high likelihood of approval, we do not and cannot guarantee approval. If the app is continually denied by the app stores because The Client has not accepted Family Diary App’s advice on what changes are required for the approval of the app in the app stores, The Client will not be entitled to a refund of the initial fees or any other charges incurred up to that point.
13. Generation System reserves the right to increase subscription rates at any time.
14. These terms and conditions cover the website conversion model referred to as Family Diary App offered online by Generation System.
15. It is understood and agreed by The Client that issues can occur and that in the event of any customer complaint or concern The Client shall refer it, or them, to Generation System, either via Family Diary App support or directly. This will not be a basis for voiding its obligation to pay Generation System or withholding payment. Unless agreed by both The Client and Generation System or unless a reseller or white label offering is to occur then Generation System shall be listed as the app eveloper in iTunes and Google Play.
16. It is understood by the Client that the apps will operate on iPhone, iPads, Android Phones and Android Tablets (Compatible with Android 2.1 (Eclair) and beyond) if the complete package of these platforms is purchased from Family Diary App.
17. Generation System warrants that the Family Diary App service shall be performed with reasonable care in a diligent and competent manner. To the fullest extent permitted by law, this clause is Generation System’s only warranty concerning the services and is made expressly in lieu of all other warranties and representations, express or implied, including warranties of merchantability, non-infringement or fitness for a particular purpose, or otherwise.
18. Generation System may issue an update to the Client’s Family Diary App apps which may add, modify and/or remove app features. These updates may be pushed out automatically without notice, although Generation System intends to notify the Client in advance of an upcoming update with details on what the update includes.
19. Generation System does not warrant and is not responsible for any products or services including delivery of messages by carriers, on other networks or on other providers systems or infrastructure which is beyond the best efforts of Generation System, which it is accepted to have been made by Generation System on its own systems.
20. Generation System does not warrant to any client the benefit of any Family Diary App products or services that any client shall acquire from Generation System.
21. The Client warrants that it has not relied on any representations in writing or otherwise by Family Diary App or Generation System and that it is bound by these terms and conditions as a precondition of doing business with Generation System which it accepts by making any payment to Generation System or requests for its products or services.
22. No additional programming or support charges shall be levied by Generation System to the client other than the initial development and monthly charges unless required and agreed by the client in writing in advance of such work.
23. Where Generation System should incur any additional charges Generation System will notify The Client of any such charges as soon as practicable thereafter and The Client shall have their right to decline same.
24. All service charges are based on Family Diary App standard reporting being provided. Additional reporting requirements may incur additional charges pre agreed with The Client.
25. Unless otherwise notified, the monthly support charge is to be determined by The Client’s selected plan: Monthly, Yearly or Premium (Life Time for next 5 years) with required payments of Rs,49/- per Month, Rs.99/- Per year and Rs. 399/- per year respectively.
26. The first monthly support charge is due on the date this agreement is entered by The Client and covers the upcoming month. Each additional payment will be charged on the monthly anniversary of the initial payment, or the first day of the following month should any issue arise. If any monthly support amount is not paid within seven days of being due, Generation System is entitled to provide a further 7 days of notice before terminating this agreement.
27. Generation System reserves the right to terminate the service for any reason on reasonable grounds, including if payment is not received within 14 days of it being due. The decision to terminate shall be communicated to The Client as soon as practicable after making such decision. Further, in the event that the service is discontinued due to failure to pay, Generation System reserves the right to charge a reactivation fee if The Client requests that the service be reactivated and Generation System were to agree to reactivate it.
28. By completing the online order or by signing the authorisation to proceed the client is acknowledging on behalf of its organization that it has obtained authorization to enter this agreement upon these Terms and Conditions.
29. Where The Client specifically uses or requests the use of material that may be protected under copyright laws, The Client agrees to indemnify Generation System for any infringement on such copyright.
30. Unless otherwise agreed, The Client may cancel their family mobile app at any time without incurring penalty fees but must provide 7 days of notice. No refunds for payments already made will be issued.
31. Termination must be made by email to support@generationsystem.in. Data stored in encrypted format would be available to him as and when client want to take service back.
32. Nothing in this proposal shall give rise to any action against Generation System for whatever reason arising out of contract, tort or occurring from the relationship established between the parties herein shall be no more than Rs. 100 as an accumulative total sum up to and including such claim.
33. All ideas and suggestions of Family Diary App shall remain the property of Generation System whether promoted and used as a result of this Agreement or not.
34. In the event of the termination of any service or services arising from or incidental to this Agreement or introduced by Family Diary App it is agreed that ownership of the Intellectual Property giving rise to such service or services shall remain the property of Generation System including the name of the application in either or both of the App Store or in Google Play for the service. This excludes any pre-existing Intellectual Property created by The Client such as trademarks, logos or copyright information.
35. Family Diary App’s Customer Service and Technical Support can be reached via email at support@generationsystem.in. Family Diary App or Generation System gives no warranty to respond to any email or concern other than as soon as it can practicably do so.
36. Cancellation of any service does not expunge the client from any reasonable rights or obligations stipulated in this agreement.
37. Any internet domains, app development, app names or registrations in the App Store, Google Play or otherwise used in conjunction with the client’s app or phone numbers or other addresses that Family Diary App establishes and maintains in the operation of the services remain the property of Generation System.
38. Any app designs or app functions or recommendations or other intellectual property arising from this Agreement and/or the Services outlined herein continue to be held by Generation System or its nominee.
39. In the event of service termination, The Client agrees that Generation System has the right to destroy any customer data unless payment for transfer of it is agreed by the Client with Generation System within 30 days of service cancellation.
40. In the event that the service provided by Family Diary App to The Client is terminated Generation System shall not be required to facilitate the data, unless on mutually agreed terms, to The Client or any third party and shall within 30 days of such termination becoming effective destroy all of The Clients data.
41. Both parties to this Agreement are entitled to promote the other party on their web site as well as links to the other party’s web site, mobile app or social media pages unless specifically excluded pursuant to these terms and conditions.
42. Generation System will have the right to represent to clients and prospects that The Client is a client of Family Diary App and to describe the services provided in any format of public relations and on its web sites at the discretion of Generation System providing that it does not cause any provable damage to the reputation of The Client and providing it is not specifically excluded under these terms and conditions. In the event of any provable claim of damage caused to a client this shall be reviewed in the entire discretion of Generation System and its management acting reasonably but be not more than Rs. 100 in total for such damage regardless as to the number of apps that the client may have with Family Diary App.
43. Any request to progress service provision by The Client to Family Diary App is deemed to continue until and unless it is terminated at the discretion of either The Client or Generation System.
44. All industrial and intellectual property rights in and relating to any inventions, patents, applications for patents, design applications, designs (whether registered or unregistered) all copyrights, (including copyright conferred by the Copyright Act 1968), all trade or service marks (whether registered or unregistered), Confidential Information, integrated circuits, any rights that presently exist or may arise in the future anywhere in the world in respect of the services that The Client shall use belong to Generation System. The Client obtains no rights to this intellectual property though using the services of Family Diary App.
45. Neither party represents any guarantee of success in any way for any initiative or developed application. Where The Client specifically uses or requests the use of material that may be protected under copyright laws, The Client agrees to indemnify Generation System for any infringement on such copyright.
46. The Client indemnifies Generation System from and against any claim, demand, action, suit or proceeding that may be bought by any person against them or their employees or agents or any of them in respect of personal injury to or the death of any person whatsoever or loss of or damage to any property or any other loss or damage whatsoever arising out of or as a consequence of an unlawful act or negligent act or omission by The Client in the execution of the work under this Agreement, or by their use of their account, and also from any costs and expenses that may be incurred with any such claim, demand, action suit or proceeding.
47. The Client agrees to comply with all applicable federal and state laws and regulations when using Generation System’s products and systems.
48. The Client agrees to comply with the IT Act 2005 of India.
49. Generation System reserves the right to suspend or terminate a user’s account if, in its opinion a user has breached any laws or guidelines or if payment has not been made to Generation System for the Family Diary App product or any additional or associated product or services.
50. The Client is to provide its own hardware and internet connections required to use the service and are solely responsible for all costs and fees associated with that usage.
51. Generation System is permitted to assign or license its associated services to any third party without the prior consent or notification to The Client.
52. The Client does not have an exclusive right to use or distribute the service in any industry or territory and nothing in this agreement or relationship shall give rise to access to the source code or intellectual property of Family Diary App which is agreed to be a valuable asset of Generation System and is protected under Copyright Law and all rights are reserved in it.
53. In the event of any dispute between the client and Generation System it shall be determined by a Mediator and it is agreed between both parties that the maximum claim allowed against Generation System shall be not more than the standard monthly cost levied by Generation System to that client.
54. Generation System will not accept responsibility for any server down time, server delayed response time, network issues, or any other issues caused by interruption or intermittent issues of the underlying hosting service provider.
55. The Client must not hack the Family Diary App service or modify another website so as to falsely imply that it is associated with Family Diary App or Generation System.
56. Generation System will not process any payment transactions directly as such will be processed through the Clients third party integrated Merchant.
57. Generation System expressly makes NO claim or representation that: a. will be relied upon or warranty that the Family Diary App service is or will be error free or that the information or the apps it supplies will be timely, uninterrupted or secure in part or whole during service provision; b. oral or written advice afforded by Family Diary App or Generation System or its representatives or those holding out or perceived to be its representatives or in some relationship with Family Diary App of any type may be relied upon in any way or create any warranty or representation under any circumstance.
58. No Client may rely on any information received by Generation System in relation to service provision or the benefits perceived or otherwise may derive for any Client or relationship of any Client.
59. Generation System or any related entity or party of Generation System will not under any circumstances accept liability for any damages or losses occurring be they direct, indirect, incidental, identifiable, special or consequential arising from not being able to use or fully use the Family Diary App servers or apps or arising from any mistake, omission, interruption, deletion to data or loss of data or virus or howsoever occurring which affects the performance or availability of the app or being able to transact via the app.
60. Generation System will not accept liability for any damages for loss of business or loss of profits arising from breach of this agreement or breach of any stated or perceived warranty and such exclusion of liability is to be read and understood as applying directly or indirectly with any party obtaining services of the Family Diary App platform. Such exclusion of liability by Generation System shall apply whether it otherwise would arise pursuant to contract or tort or construed as arising from this agreement. The exclusion of liability by Generation System shall survive any termination of this Agreement for any reason.