Last Updated on 1st April 2023

Access to and use of this website ‘www.educareerp.com’ (the “Site”), or our product which is Educare ERP,including but not limited to any audio or visual lectures, recordings, webcasts, subscription and use of downloads/online courses, trademarks, books, Compact Discs [CD’s], Digital Versatile Disc’s [DVD’s] and any other content or images appearing in the website (‘Service’) is provided by 'KRP IT Solutions Private Limited' firm with address at 80, Dr. Satiprosad Banerjee Sarani, P.O - Saradapally, Bhadreswar, Hooghly, West Bengal, 712124 India ( ‘We’, ‘Us’ and ‘Our’) on the following terms and conditions set out below. References to you as the recipient of the Services herein shall include You, Your and the User. Party shall mean ‘KRP IT SOlutions Private Limited’ or ‘You’ and Parties shall mean ‘KRP IT Solutions’ and ‘You’ collectively.

By using the Service You hereby understand, accept and agree to be bound by the terms and conditions set out herein without any modification or reservation whatsoever (“Terms and Conditions”), which shall take effect immediately from your first use of the Service. You shall also be subject to any additional terms posted with respect to individual sections of the Service. If You do not agree to be bound by these Terms and Conditions, please do not access, use and/or contribute to the Service.

We reserve the right, in Our sole discretion, without any obligation and without any notice requirement and for any reason, to change, improve or correct the information and materials available on the Site and to suspend and/or deny access to this Site or portions thereof for scheduled or unscheduled maintenance, upgrades, improvements, corrections or otherwise.

You acknowledge, consent and agree that We may access, preserve and disclose Your Information and content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary: (i) to comply with legal process; (ii) to enforce the Terms and Conditions; (iii) to respond to claims that any content violates the rights of third parties; (iv) to respond to Your requests for customer service; or (v) to protect the rights, property, or personal safety of 'KRP IT Solutions Private Limited' or its product which is Educare ERP, its users and the public.

Definitions

In addition to the terms defined above, the following terms shall have the following meanings ascribed to them:

“Account” Your personal account with Us whereby using the user name and password assigned to You, You are given access to certain features of the Site such as online courses, downloads, information on webcasts and any other features/services that are indicated as requiring access through the personal account.

“Registration” means Your providing Your Personal Information in the “Sign Up”, or “Register” section of the Site so that You can register for Our upcoming events, retreats, programs offline or online.

“Information” means any information relating to Your use of the Site including information related to Your past use of the Site, information that You provide to Us during the process of registration or making any purchases or subscribing to any part of the Service, or information You have provided to Us in the feedback area or by emailing us at info@krpsolutions.co.in.

“Personal Information” Personal Information shall, for this Terms and Conditions and Privacy Policy, refer to any information that identifies or can be used to identify, contact or locate You, including, but not limited to, name, address, IP address, phone number and email ID.

“Retention Period” The duration we retain the personal information is as long as the service exists. If You do not wish to store Your personal information with Us You may choose to do so by sending Us an email at info@krpsolutions.co.in.

1. You hereby undertake to use the Service only for lawful purposes and agree not to use the Service or any part thereof for commercial purposes.
2. Any order You place through the Site with respect to those features of the Service that entail a purchase transaction constitutes an offer from You to Us to purchase that feature of the Service from Us. The particular feature will be made available to You once Your payment is authorized. Consideration for the same is payable in advance. Our Product Educare ERP shall be under no obligation to provide the feature or any part thereof until consideration in respect of the same has been received in full.
3. Our Product Educare ERP warrants that it has the right to provide the Service and will use reasonable skill and care in making the Service available to you and in ensuring its availability. Our product Educare ERP does not provide any further warranties with regard to the Service because of the inherent nature of the internet, which can lead to errors and omissions.
4. Our Product Educare ERP shall not provide refunds, whether in part or full, in respect of any part of the Service for which payment has been rendered.
5. In the event that Educare ERP withdraws from this agreement or is permanently unable to deliver any feature of the Service which entails a payment transaction and for which the requisite payment has been made by You, a refund will be provided to you in respect of that particular feature of the Service that remains undelivered at the sole discretion of Educare ERP.
6. You shall use the Service only in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of the Site and the rendering of our Service. You shall not engage in harassing or causing any inconvenience to any person using the Site or Our Services, transmitting obscene, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable content or disturbing the normal flow of dialogue within the Service.
7. We operate a ‘fair use’ policy to protect the quality of Service to our users. If we believe that Your use of the Service is adversely affecting Our network (or any part thereof) or that of Our other users, we reserve the right to regulate/manage Your usage of the Service which may include but not be limited to temporarily/permanently blocking your access to the Service or suspending Your Account.
8. Your Information and any other personal information provided through the Site as a part of the registration process and/or any other correspondence with Us shall be collected, stored, transferred, and used in accordance with applicable law and you hereby render your unconditional consent for the same.
9. At the time of Registration Your age is eighteen years or older or with the consent of parents or Guardian. The details You have provided during registration or at any time thereafter is correct and complete. >
10. You shall update Us with any change to Your Information by emailing us at info@krpsolutions.co.in so that We may effectively communicate with You.
11. After registering for an account with us, you will receive login details, which you agree to keep confidential and not share or disclose to anyone. You agree to (a) immediately notify Us of any unauthorized use of your password or username or any other breach of security; (b) defend, indemnify, and hold harmless Us from any loss or damage arising from unauthorized use of your password or user name
12. If We have reason to believe that there is a likely breach of security or misuse of Your Account or the Site, We may require You to change your password, which You undertake to do forthwith or We may suspend Your Account.
13. The Site is owned by KRP IT Solutions Private Limited for its product Educare ERP. All copyright, trademarks, design rights, patents and other intellectual property rights (registered and/or unregistered) comprising part or all of the Service and all content (including all applications and materials) unless specified otherwise[hereinafter referred to as ‘content’] located on or available on the Site including the Service is owned by the respective copyright holder, Partha Pratim Chakroborty. Our product Educare ERP has a license/ right to use the content on the website (educareerp.com) and the ownership of the content remains vested in the respective copyright holder. Using the Service does not give You any ownership of any intellectual property rights in the Service. You agree that the Service and other content provided on the Site, either by our product Educare ERP or through third parties, may be protected by intellectual property laws of India or the applicable laws of any other jurisdiction. Your attempt to modify, copy, distribute, transmit, resell, redistribute, broadcast, display, perform, reproduce, publish, license, frame, transfer, or otherwise use in whole or in part, any intellectual property contained in the Service and any other content provided on the Site may subject You to infringement actions by Partha Pratim Chakroborty, Our product Educare ERP or third parties as the case may be.
14. You agree not to reproduce, republish, copy, disassemble, decompile, reverse engineer, download, broadcast, transmit, post, make available to the public, or otherwise use the content on the Site in any way other than for your own personal private, non-commercial use and that you shall not redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, license or otherwise transfer or use the Service or any part thereof. We do not grant You any synchronization, public performance, promotional use, commercial sale, resale, reproduction or distribution rights for the Service or any part thereof. You also agree not to create derivative works, adapt or alter from any of the content on the Site.
15. You further agree not to:
    1. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
    2. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any data transmitted to other users;
    3. Transmit, access or communicate any data that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
    4. Transmit, access, or communicate any data that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    5. Transmit or communicate any data that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    6. Interfere with or disrupt the Site or any other user’s use of the Site;
    7. include programs which contain viruses, worms, ‘time bombs’ and/or ‘Trojan horses’ or any other computer code, files or programs designed to interrupt, harm, overload, collapse, destroy or limit the functionality of any computer software or hardware or telecommunications;
    8. Allow usage by others in such a way as to violate these Terms and Conditions;
16. The name(s), logo(s), images on the Site and all other intellectual property comprising the Services are subject to copyright, design rights and trade-marks of A. Parthasarathy. Nothing contained in these Terms and Conditions may be construed as conferring any license or right to use any trade-mark, design right, or copyright.
17. Your access to the Service may be occasionally interrupted to allow for repairs, maintenance or introduction of new features or services. We shall endeavor to restore the Service within a reasonable period of time.
18. We may terminate your access to the Site or any part thereof or suspend or cancel Your Account immediately at Our reasonable discretion and/or if You breach any of Your obligations under these Terms and Conditions.
19. You shall have the option of cancelling Your Registration at any time by informing Us in writing at info@krpsolutions.co.in.
20. The suspension/cancellation of your registration shall not affect either Party’s statutory rights or liabilities.
21. We accept no, and You hereby absolve Us of any and all liability for the content provided as a part of the Service that you find to be objectionable.
22. Third Parties
    1. Payments- Educare ERP is a product of KRP IT Solutions Private Limited firm registered in India. In the event You decide to make a payment for the purchase of any publication, registration for any event or online course, You will be redirected to a third-party payment gateway such as Razorpay, Easebuzz, to make the payment. Your credit/debit/net-banking details are not handled by our product Educare ERP. All payment handling is managed through a third party. The third parties are independent contractors. Nothing contained in these Terms and Conditions shall be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship between the third parties and Educare ERP. Educare ERP has no responsibility for the quality, accuracy, timeliness, reliability or any other aspect of the features/transactions of the Service that are directed to and/or handled by the third party. In the event, Your activity is interrupted due to faulty internet connection, or other electronic or wireless device, slowdowns or capacity limitations in the electronic/mobile device, or the web domain of the website to which You are redirected to enable the payment gateway, it is expressly clarified that We shall not be responsible for any loss, damage or liability incurred by You including but not limited to the incorrect amount charged to Your account/debited, password invalidated, non-acceptance of payment method, amount charged or debited more than once, etc. You release Us from any damages that You incur and agree not to assert any claims demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected against Us, arising from such features/transactions. You fully understand and agree that: a) We are not in any way responsible for the security of Your banking details in connection with any payment; and b) It is Your responsibility to review the Terms and conditions of Razorpay , Easebuzz or any other third party through which You are effecting any payment to Us.

    Use of other third-party providers: We may use the following third parties to do the following:

    1. Textlocal- For sending reminders and promotional material via SMS.
23. Disclaimers and Limitation of Liability:
    1. ALL CONTENT PROVIDED ON OR THROUGH THE SERVICE, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO VEDANTA LIFE INSTITUTE, ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY LAW, ‘KRP IT Solutions Private Limited’ & its product EDUCARE ERP EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY, AND ACCURACY. WE AND OUR PRODUCT EDUCARE ERP DOES NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE SERVICE OR ANY OF ITS CONTENT. WHILE WE TRY TO ENSURE THAT ALL CONTENT PROVIDED BY OUR PRODUCT EDUCARE ERP IS CORRECT AT THE TIME OF PUBLICATION NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF ‘KRP IT Solutions Private Limited’ FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT COMPRISING ANY PART OF THE SERVICE.
    2. NEITHER ‘KRP IT Solutions Private Limited’ NOR ANY OF ITS OFFICERS, EMPLOYEES OR REPRESENTATIVES SHALL BE LIABLE FOR ANY LOSSES OR DAMAGES (WHETHER SUCH DAMAGE OR LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE) INCLUDING BUT NOT LIMITED TO: (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY OR ANTICIPATED SAVINGS; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE SERVICE REGARDLESS OF THE FORM OF ACTION.
    3. NEITHER ‘KRP IT Solutions Private Limited’ NOR ANY OF ITS OFFICERS, EMPLOYEES OR REPRESENTATIVES SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSSES OR DAMAGES (WHETHER FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE) RESULTING FROM YOUR INTERACTION, INCLUDING BUT NOT LIMITED TO ANY PURCHASES, TRANSACTIONS, DEALINGS WITH THE CENTRES REFERENCED ON THE SITE. THE CENTRES AND THE INDIVIDUALS WORKING THEREAT ARE INDEPENDENT ENTITIES AND ARE IN NO WAY AFFILIATED WITH ‘KRP IT Solutions Private Limited’. NO RECOURSE SHALL BE HAD TO ‘KRP IT Solutions Private Limited’ WITH RESPECT TO ANY LOSS OR DAMAGE RESULTING FROM YOUR INTERACTION WITH ANY OF THE CENTRES LISTED ON THE SITE AND/OR THE INDIVIDUALS WORKING/ASSOCIATED WITH THEM.
    4. THE SERVICE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME ALL RISK FOR ANY USE OF THE SERVICE WHICH MAY RESULT IN DAMAGE OR INJURY TO PERSONS, BUSINESS OR FINANCES.
24. You hereby indemnify, defend and hold harmless ‘KRP IT Solutions Private Limited’ and its officers, directors, employees, agents, distributors, affiliates and all persons claiming under ‘KRP IT Solutions Private Limited’ from and against any and all losses, claims, demands, liabilities, damages, costs or expenses, including reasonable legal fees and expert witness fees, resulting from Your breach of any of the provisions mentioned in these Terms and Conditions, representations or warranties, and/or from Your placement or transmission of any content onto our product Educare ERP’s servers, and/or infringement by You of any content on the Site, including any claims against You alleging misuse or unauthorized usage of the information, data and content available on the Site and/or from Your use of any Service or the Site itself.
25. These Terms and Conditions shall be subject to the laws of India. All disputes arising out of any transaction pertaining to the Service under these Terms and Conditions shall be governed by the exclusive jurisdiction of the courts in West Bengal, India.
26. We reserve the right to amend, alter, delete, insert and revise these Terms and Conditions without providing any prior notice to You. Each such amendment shall amend these Terms and Conditions and comprise part and parcel hereof.
27. Termination; Amendments. Your rights with regard to the Service will automatically terminate without notice and without refund of any fees or any other compensation if you fail to comply with these Terms and Conditions. We may amend the Terms and Conditions at our sole discretion by posting the revised terms online. Changes to the Terms and Conditions will be effective as on the date they are posted on the Site. Your continued use of the Service after any amendment evidences Your agreement and explicit renewal of your consent to be bound by it.
28. Severability. If any term or condition mentioned herein is deemed invalid, void, or for any reason unenforceable, that part shall be deemed severed and will not affect the validity and enforceability of any remaining terms or conditions.
29. The provisions set out herein, comprise the entire agreement between You and Us in respect of the Service and Your use of the Site and all previous communication in respect of the same shall be deemed ineffectual and nonbinding.

ANNEXURE 1: THE FOLLOWING TERMS & CONDITIONS ARE APPLICABLE FOR E-LEARNING STUDENTS:

I. DEFINITIONS

‘Student’ means the person enrolling for the Course. If below eighteen years of age, the student must be enrolled in the Course by his/her Guardian.

II. COMMUNICATION

The Student shall provide Educare ERP his/her electronic (e-mail) address at which Educare ERP may communicate with the Student. The Student shall notify Educare ERP of any change to this address. In the absence of notification by the Student of a change to his/her e-mail address, Educare ERP shall be entitled to communicate with the Student at the e-mail address last provided notwithstanding any apparent refusal or failure of communication. The Student shall be entitled to communicate with Educare ERP only in writing at info@krpsolutions.co.in, or any other e-mail address that Educare ERP shall notify for this purpose from time to time.

III. THE COURSE

The Course refers to one of the online courses offered by Educare ERP on ‘www.educareerp.com’ (the “Elearning Site”). The content of the Course (hereinafter referred to as ‘Course Content’) inter alia comprises of a specified number of video lectures as specified on the Elearning Site.

The duration of the Course shall be as specified on the Elearning Site.

The Student shall be entitled to watch each of the videos of the Course Content for which the student enrols for a maximum of ONE TIME and not more, notwithstanding Student’s failure to complete watching a video due to any reason including but not limited to faulty internet connection, wireless or electronic devices, slowdowns or capacity limitations of the electronic/mobile device, or any other network, communications or system failures. Student shall have no claims against Educare ERP for any failure to complete watching videos for any reason as contemplated above.

Educare ERP reserves the right to change the Course Content as it deems appropriate.

IV. APPLICATION FOR ENROLLMENT

The Student shall apply to enrol for the Course by completing the application form provided on the Elearning Site. By applying to enrol for the Course, the Student/Guardian represents and warrants that (a) at the time of making the application his or her age is eighteen years or older; and (b) the details provided in the application form are correct and complete. Educare ERP shall reserve the right to reject any application form for a Course at its sole discretion.

V. PRICE,PAYMENT AND ENROLLMENT

The one-time fee or the monthly fees, as the case maybe, for the Course (hereinafter referred to as ‘Course Fee’) shall be as specified on the Elearning Site and pertain to the Course Content which will be made available by Educare ERP to the Student.

The Student shall render payment of the Course Fee in full and in advance of the Course commencement date or on a monthly payment basis, as the case maybe. In the event the Student enrols for the Course on a monthly payment basis and defaults in making the payment for a particular month(s), the Student’s access to the Course Content shall be disabled for that month(s) until the payment of Course Fee for the said month(s) is duly made by the Student. Upon payment of the unpaid Course Fee by the Student, the Student shall get access to the remaining Course Content for the remaining period of the Course, without further access to the Course Content for any additional period in lieu of the months for which the Course access was disabled.

On acceptance of the Student’s application and receipt of the Course Fee, Educare ERP shall enrol the Student on the Course and Educare ERP shall notify the Student of his or her enrolment by e-mail.

VI CONFIDENTIALITY

Upon enroling for the Course, the Student shall be provided with a personal online account (hereinafter referred to as ‘Student Account’) with which he/she can access the Course Content. The Student hereby undertakes to maintain confidential and not disclose or share the Student Account details with anyone. The Student agrees to (a) immediately notify Educare ERP of any unauthorized use of the Student Account, username/password or any other breach of security; (b) defend, indemnify, and hold harmless Educare ERP from any loss or damage arising from unauthorized use of the Student Account or username/password.

If Educare ERP has reason to believe that there is a likely breach of security or misuse of the Student Account, it may require the Student to create a new Student Account and / or change his/her password, which the Student undertakes to do forthwith. Failing compliance with this requirement, Educare ERP may suspend or cancel Student’s enrolment.

VII. CANCELLATION

Once the Student is enrolled as set out in clause V above, the Student cannot cancel his enrolment and shall not be entitled to a refund of the Course Fee or any portion thereof. Educare ERP may cancel the Course at any time for any reason. Educare ERP is not required to explain the circumstances surrounding such cancellation. In the event of such cancellation, the Student shall be entitled to a refund of the portion of the Course Fee from Educare ERP in proportion to the number of unwatched videos out of the total number of videos that he is entitled to watch and after deduction of all handling or transaction charges, taxes, payments to third party service providers etc. from the said amount. Educare ERP shall not be liable for any other loss or damage or consequential loss howsoever arising and suffered by the Student as a result of the said cancellation. In the event of cancellation, the Student shall not be permitted access to the Course Content.

VII. COPYRIGHT AND INTELLECTUAL PROPERTY

The copyright in all Course Content belongs to A. Parthasarathy, partner of Educare ERP. The Student shall not take any action that could infringe, damage, or jeopardise A. Parthasarathy's copyright or other intellectual property rights, or A. Parthasarathy's ownership of the course content, nor shall the Student assist or enable others to do so. This includes sharing the logins given to the student to access the course materials or by copying or re-recording any portion or the full extent of the course content. The Student agrees to notify Educare ERP immediately of any and all misuse or infringement of A. Parthasarathy’s copyright or intellectual property rights in the Course Content that he/she becomes aware of on the e-mail address set out in clause II above.