Terms Of Use

Welcome to Ecole Intuit Lab Kolkata, which is one of the four Indian campuses of École Intuit Lab and was established in 2019 in collaboration with Techno India University, a university established under the West Bengal Act 2012 (West Bengal Act XX of 2012) (hereinafter referred to as “University" or “us” or “we” or “our”).

The University is the owner and operator of https://ecole.campusjadugar.com/ (hereinafter referred to as the “Platform”), and we have formulated this Terms of Use (hereinafter referred to as “Terms”) in accordance with the Information Technology Act, 2000 and the rules made thereunder. We request you to go through the Privacy Policy available at [insert link] and these Terms carefully before accessing or using this Platform and its affiliated Platforms. These Terms form a legally binding agreement between the University and the User.

1. DEFINITIONS

The words of which the initial letter is capitalized have meanings defined under the following conditions. Any capitalised terms used but not defined herein shall have the same meaning as ascribed to it under the Privacy Policy. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

  1. “Agreement” means any legally binding or contractual relationship between the University and the User, governed by these Terms.
  2. “University” or “we” or “us” means University that provides this Platform and/or the Service to Users.
  3. “Terms” means all provisions applicable to the use of this Platform and/or the Service as described in this Terms of Use, including any other related documents or agreements, and as updated from time to time.
  4. “User” or “you” means the end user/customer accessing the Platform, its contents, using the educational and academic services offered through the Platform.
  5. “User’s Content” or “Content” means the texts, data, logos, numbers inserted by the User on the Platform.

2. ACCEPTANCE OF TERMS OF USE

By using our Platform to access, use, download, upload any content or any educational or academic services, you confirm that you have read, understood, and agree to

  • a) The mentioned terms and conditions,
  • b) The Platform’s Privacy Policy available at [insert link], and
  • c) Any other agreements or policies referenced herein (collectively, “Agreements”).

If the User chooses to not be bound by these Terms, the User may not use educational services as provided by the University. We encourage our users to read these Terms carefully before proceeding and using the Platform.

The Terms shall apply to your use of the Platform irrespective of the delivery platform or device you use to access it. By using the Platform, you are agreeing to the Terms.

3. APPLICABILITY OF TERMS

  • a) These Terms set out the rights and obligations of all Users regarding the use of the Platform. By accessing or using the Platform from your email address you agree to be bound by these Terms for availing our Services.
  • b) We reserve the right to modify, alter or update these Terms at any time at our sole discretion by posting any such modified, altered or updated version of this agreement on our Platform. In such cases, we will appropriately inform the User of these changes.
  • c) All such modifications, alterations and updates will become effective immediately upon posting. We encourage you to check this page each time you wish to avail our Services. Your continued use of our Services after any modifications, alterations or updates of the Terms are made, shall constitute your acknowledgement of such changes.
  • d) We reserve the right to modify, suspend, or discontinue the educational services on the Platform, at any time and from time to time, temporarily or permanently, in whole or in part, with or without notice.
  • e) The User agrees that neither we nor any of our affiliates shall be liable to the User or to any third party for any modification, suspension or discontinuance of the educational services, in whole or in part, or of any content, feature or product offered through the Platform. The User’s continued use of the Platform after such changes will indicate their acceptance of such changes.
  • f) If the User chooses to not be bound by these Terms, the User may not access or use our educational services as provided over the Platform. We encourage our Users to read these Terms carefully before proceeding and using the Platform.

4. DESCRIPTION OF THE PLATFORM

  • a) This Platform is a unique integrated campus management platform curated for students and faculty of the University. The Platform facilitates activities such as course management, attendance tracking, performance evaluation, communication, and access to other University-related resources.
  • b) We reserve the right to add or remove any educational services from the Platform without prior notification.

5. USER ACCOUNT AND LOGIN

If the User agrees to use the Platform, the User shall be responsible for maintaining the confidentiality of the Users display name and password and the User shall be responsible for all activities that occur under the Users display name and password. The User agrees that if the User provides any information that is untrue, inaccurate, not current, or incomplete, the University shall have the unequivocal right to indefinitely suspend or terminate or block access of the User’s account on the Platform.

In consideration of your use of the Platform, you agree to:

  • a) provide correct, accurate, current and complete information about you as may be prompted on registering for the first time on the Platform (“Registration Data”);
  • b) maintain and promptly update the Registration Data, and any other information you provide to Platform, to keep it accurate, current and complete;
  • c) maintain the security of your password and identification;
  • d) notify the Platform immediately of any unauthorized use of your account or other breach of security;
  • e) accept all responsibility for any and all activities from your account; and
  • f) accept all risks of unauthorized access to the Registration Data and any other information you provide to Platform

6. CONDITIONS FOR USE

  • a) The User will utilize the Platform, for lawful purposes only and comply with all applicable laws and regulations while using the Platform.
  • b) The User will provide true, accurate, complete, and current information in all instances where such information is requested from the User. We reserve the right to confirm and validate the information and other details provided by the User at any point of time. If upon confirmation, the User details are found not to be true (wholly or partly), the University maintains the right in its sole discretion to reject the registration and debar the User from using the Platform, accessing the educational services provided on the Platform and / or other affiliated platforms operated by the University without prior intimation whatsoever.
  • c) The User will use its best and prudent judgment before availing the educational services, through this Platform doing so at the User’s sole risk.
  • d) The User may not use the Platform for any of the following purposes:
    • i. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material which shall include but not be limited to information in any form.
    • ii. transmitting material that encourage conduct or incite any activities that result in civil liability or otherwise breaches any relevant laws, regulations or code of practice or constitutes a criminal offence.
    • iii. gaining unauthorized access to other computer systems.
    • iv. interfering with any other person’s use of the Platform.
    • v. breaching any applicable laws.
    • vi. interfering or disrupting networks or web sites connected to the Platform.
    • vii. making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner including intellectual property and confidential information which shall include but not be limited to design details and colours.

7. PAYMENT TERMS

  • a) The User at the time of Registration on the Platform will be required to pay a non-refundable Registration Fee (“NRRF”). After the payment of the Registration Fee the User can opt for any and all courses provided. Each course will have its own payment methodology.
  • b) The details about the types of curriculums available including their respective courses, available features, modules and the associated fees (“Fees”) payable for these courses are set forth in the Platform and may change from time to time. The Fees are payable upfront semester-wise in accordance with the terms of the course you have chosen. The Fees shall be made compulsorily in INR.
  • c) You agree and authorize the University or any third-party payment processor (“Payment Processor”) to charge your credit card, debit card or any other payment provider (“Payment Method”) towards the Fee applicable. The University may use a Payment Processor to charge you through a payment account that is linked to your account (“Billing Account”). The processing of payments from your Billing Account will be subject to the terms and conditions and privacy policies (if any) of the Payment Processor in addition to this Terms.
  • d) d) While availing any of the Payment Methods available on the Platform, the University will not be responsible nor shall it assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the User due to:
    • i. lack of authorization for any transaction/s;
    • ii. exceeding the preset limit mutually agreed between the User and the financial service providers the User deal with;
    • iii. any payment issues arising out of the transaction; or
    • iv. decline of transaction for any other reason/s.
  • e) Refund Policy: You can cancel your opted course at any time. If you cancel your course before its commencement, you will receive a full refund of the Fees, except the NFFR. If you cancel your course after its commencement, the refund will be determined at the sole discretion of the University. However, in either circumstance the NFFR will be non – refundable. If you believe that the University has charged you incorrectly, you must write to us no later than 30 (thirty) days after the payment of the Fee in any given semester by the User, in order to receive an adjustment or credit. The actual time taken for refund or for the credit of the payment into your Billing Account depends on the mode by which the payment was made, and the procedures adopted by the concerned financial services providers. For any refund-related issues or queries, please contact Mr. Robert A. Rodrigues, Admission Counsellor, at eilkadmissions@technoindiaeducation.com.
  • f) Taxes. The Fees are inclusive of all taxes unless otherwise specified, within the course or on an applicable invoice. Tax rates are calculated based on the billing information you provide and the applicable tax rate at the time of your service charge.

8. THIRD PARTY PLATFORMS

The Platform may include links to other websites/applications whose terms and privacy practices may differ from those of the University. The inclusion of a link on the Platform may endorse or display services of other partner companies or brands. If the Users access or submit personal information to any of those websites/application, such access and information will be governed by the terms of use and privacy policies of such third-party websites/application and the University disclaims all responsibility or liability with respect to any information shared on such websites/application which shall be governed by their respective terms, policies and thereafter maintained and/or utilized by the websites. The Users are encouraged to carefully read the terms and privacy policy of any third party website / application that they visit.

9. INTELLECTUAL PROPERTY RIGHT

  • a) Except for the User’s Content, the University is the sole owner and lawful licensee of all the rights connected with the Platform and its content. For the purpose of this clause, the content on the Platform includes its design, layout, text, images, graphics, sound, video, etc. as well as non-superficially visual functional elements. The title, ownership and intellectual property rights in the Platform and its content shall remain with the University, its affiliates or licensors of the content, as the case may be.
  • b) Copyright: All content on the Platform is the copyright of the University except the third-party content from third party websites, and links to third party websites on the Platform, if any.
  • c) Trademarks: The name, the logo and all related names, logos, product and service names, designs and slogans and related trademarks belonging to the University shall be the exclusive property of the University. The User must not use such marks without the prior written permission of the University. All other names, logos, product and service names, designs and slogans on Platform are the trademarks of their respective owners.
  • d) The User agrees that they will not use, publish, reproduce, replicate, reverse engineer, decompile, display, distribute, or modify the proprietary material or any portion thereof, for any purpose or by any means, method, or process. Modification of the materials appearing on the Platform for any other purpose is a violation of our copyright and other proprietary rights.

10. ASSIGNMENT OF RIGHTS

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by University without restriction.

11. INDEMNITY

The User hereby agree to indemnify and keep indemnified, defend and hold the University, the University’s agents, affiliates, representatives, authorized users, employees and assigns harmless from and against any and all losses, damages, liabilities and costs arising from the Users’ use of the Platform or the educational services and / or the violation of this agreement by the User.

12. TERMINATION

The User understands and agrees that the University reserves the right to terminate the User’s registration and / or terminate the User’s right to use the Platform for any reason whatsoever, including without limitation, any act or omission in contravention of the Privacy Policy or of these Terms. The User further understands and agrees that any such termination may be effected without prior notice to the User and the User acknowledges and agrees that the University may delete or deactivate the User’s account immediately upon detecting any such reason, including without limitation, the contravention of the Privacy Policy or of these Terms.

13. LIMITATION OF LIABILITY

  • a) To the extent permissible by applicable law, in no event shall the University and its affiliates or their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers be liable to any User for damages of any kind, arising out of or related to the availability, use, reliance on, or inability to use the Platform, educational services, or any content or other materials on, accessed through or downloaded from the Platform, including any direct, indirect, special, exemplary, incidental, consequential or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
  • b) The User’s sole and exclusive remedy for any of the above claims or for disputes against us is to discontinue your use of the Platform and/or educational services. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by the User under these Terms.
  • c) The University makes use of certain open and closed licenses and portals for rendering its educational services. To the extent permissible by applicable law, in no event shall the University and its affiliates or their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers and service providers be liable to any User for damages of any kind, arising out of or related to the use, access, malfunction of the said licenses.
  • d) In no event shall the University be liable for any indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
    • i. The use or the inability to use the educational services or products on the Platform;
    • ii. unauthorized access to or alteration of the User's transmissions or data; and
    • iii. any other matter relating to the educational services including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform. The University shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform. The Users understand and agree that any material and/or data downloaded at the Platform is done entirely at User’s own discretion and risk and they will be solely responsible for any damage to their devices or loss of data that results from the download of such material and/or data.

14. SURVIVAL

In the event of termination of this agreement or the Terms laid down herein, the provisions relating to limitation of liability, indemnity, intellectual property rights and conditions of use shall survive.

15. COMPLAINTS

We reserve the rights to remove or deactivate the User’s account if reported or so informed by any other user of the Platform or otherwise, for inappropriate use through the Platform. If the User has questions or concerns or grievances regarding these Terms or any other user, the User can contact us as per these Terms, or wish to make a complaint, please contact Mr. Shelton Ward, Student and Academic Co-ordinator, at tiu.eilkops@technoindiaeducation.com.

16. WAIVER

No term of these Terms shall be deemed to be waived and no breach excused, unless such waiver or consent is in writing and signed by an authorized representative of the University. Any consent by the University to, or waiver of a breach by the User, whether express or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach(s).

17. AMENDMENTS

We reserve the right to amend or otherwise modify the Platform, policies, and these Terms at any time. In such cases, the University will appropriately inform the User of these changes. The User will be subject to the Terms in force at the time that the User uses the Platform, unless any change to those policies or these conditions is required to be made by law or government authority. The continued use of the educational service offered by the Platform will signify the User’s acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the educational service offered by the Platform. Failure to accept the revised Terms, may entitle either party to terminate the Agreement. If any of these conditions are deemed invalid, void, or for any reason unenforceable, such condition will be deemed severable and will not affect the validity and enforceability of any remaining terms of use.

18. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use shall be governed by the laws of India. Any dispute, claim or controversy arising out of, or relating to the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of these Terms, or to the Users use of the Platform or any educational service or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Kolkata, India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties

19. DISCLAIMER OF WARRANTIES

  • a) The Platform is provided on an “as is”, “as available” and “with all faults” basis. To the fullest extent permissible by law, we do not make any representations or warranties or endorsements of any kind whatsoever, express or implied, as to:
    • i. the educational service;
    • ii. the Platform content;
    • iii. User content; or
    • iv. security associated with the transmission of information to the Platform. In addition, we hereby disclaim all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, title, custom, trade, quiet enjoyment, system integration and freedom from computer virus.
  • b) We do not represent or warrant that the educational service will be error-free or uninterrupted; that defects will be corrected; or that the educational service or the server that makes the educational service available is free from any harmful components, including, without limitation, viruses. We do not make any representations or warranties that the information (including any instructions) on the educational service offered by the Platform is accurate, complete, or reliable. You acknowledge that your use of the Platform is at your sole risk. We do not warrant that your use of the Platform is lawful in any particular jurisdiction, and we specifically disclaim such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these terms of use.
  • c) By accessing or using the Platform you represent and warrant that your activities are lawful in every jurisdiction where you access or use the educational service offered by the Platform.
  • d) We do not endorse content and specifically disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of action of any kind or character based upon or resulting from any content.
  • e) The University does not warrant or guarantee the accuracy, reliability, completeness, or uninterrupted operation of the Platform. Any updates, upgrades, or changes to the Platform carried out by Campus Jadugar or the server hosting provider are beyond the University’s control, and we disclaim all liability for any consequences arising from such modifications.
  • f) The User acknowledges and agrees that the University’s role is limited to licensing and facilitating access to the Platform. The User assumes full responsibility for their use of the Platform and associated risks, including but not limited to the performance, stability, or reliability of services provided by third-party partners.
  • g) The University has licensed the Platform from Campus Jadugar and does not own or operate the underlying server infrastructure or software. Any issues or disruptions in the Platform arising from actions, omissions, or negligence of Campus Jadugar or the hosting partner, including updates, bugs, data loss, or performance issues, are not the responsibility of the University.

20. SEVERABILITY

If any provision of these Terms are held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from these Terms and the remainder of these Terms shall be interpreted as if such provision were so excluded and shall remain to be enforceable in accordance with its terms; provided however that, in such event these Terms shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

21. REMEDY

You agree that any breach of this Terms by you or your representatives would cause the Platform irreparable harm, injury, loss and damage. Accordingly, in addition to any other remedies the Platform may have at law or in equity, the Platform shall be entitled to injunctive and other relief in the event there is a breach of this Terms.

22. ENTIRE AGREEMENT

This Terms of Use contains the entire agreement of the parties hereto with respect to the transactions and Services envisaged under this Agreement and the inter-se rights and obligations of the parties, superseding all prior representations, discussions, understandings made between the parties.

23. ELECTRONIC RECORD

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and the rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Platform.