Terms And Conditions
Welcome to TECHNOCOGNIZE SOLUTIONS LLP
Thanks for using our product " Academy Desk " and services ("Services"). The Product and Services are provided by TECHNOCOGNIZE SOLUTIONS LLP . ("TC"). By using our Product & Services, you agree to these terms. Please read them carefully.
Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services. Those additional terms become part of your agreement with us if you use our Product & Services.
Using our Product & Services
You must follow any policies made available to you within the Services. Don't misuse our Product & Services. For example, don't interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Product & Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Product & Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Product & Services does not give you an ownership of any intellectual property rights in our Product & Services or the content you access. You may not use content from our Product & Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to exploit any branding or logos used in our Product & Services. Don't remove, obscure, or alter any legal notices displayed in or along with our Product & Services.
Our Product & Services display some content that is not " TC ". This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, thus and so we may remove or refuse to display content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review content, so please don't assume that we do.
In connection with your use of the Product & Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.
Your Account
You may need an Online Registred Account on our Website/Software in order to use some of our Services. You may create your own Account, or your Account may be assigned to you by an administrator, such as your Student, Parent, Employer or educational institution. If you are using an Account assigned to you by an administrator, different or additional terms may apply; hence your administrator may be able to access or disable your account.
If you learn of any unauthorized use of your password or account, follow these instructions.
Privacy and Copyright Protection
" TC " Privacy policies explain how we treat your personal data and protect your privacy when you use our Product & Services. By using our Product & Services, you agree that " TC " can use such data in accordance with our privacy policies.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the Indian Copyright Act.
We provide information to help copyright holders manage their intellectual property online. If you think somebody violates your copyrights and you want to notify us, you can find the information about submitting notices along with " TC " policy about responding to notices in our Help Center.
Your Content in our Product & Services
Some of our Product & Services allow you to submit the content. You retain the ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
When you upload or otherwise submit content to our Product & Services, you give " TC " (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Product & Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Product & Services, as well as developing new ones. This license continues even if you stop using our Product & Services (for example, for a business listing you have added to " TC " Maps). Some Product & Services may offer you ways to access and remove content that had been provided to that Service. Also, in some of our Product & Services, there are terms or settings that narrow the scope of our use of the content submitted in those Product & Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Product & Services.
You can find more information about the way " TC " uses and stores content in the privacy policy or additional terms for particular Product & Services. If you submit feedback or suggestions about our Product & Services, we may use your feedback or suggestions without obligation to you
About Software in our Product & Services
When a Product & Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Product & Services may let you adjust your automatic update settings.
" TC " gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by A.T.S.I as part of the Product & Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Product & Services as provided by " TC ", in the manner permitted by these terms. You may not copy, modify, distribute, sell or lease any part of our Product & Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless law prohibits those restrictions or you have our written permission.
Open source software is important to us. Some software used in our Product & Services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms.
Modifying and Terminating our Product & Services
We are constantly changing and improving our Product & Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.
You can stop using our Product & Services at any time, although we'll be sorry to see you go. " TC " may also stop providing Product & Services to you, either add or create new limits to our Product & Services at any time.
We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, we will give you reasonable advance notice and a chance to get information out of that Service.
Our Warranties and Disclaimers
We provide our Product & Services using a commercially reasonable level of skill and care. We hope that you will enjoy using them. But there are certain things that we don't promise about our Product & Services.
Other than as expressly set out in these terms or additional terms, neither " TC " nor its suppliers or distributors make any specific promises about the Product & Services. For example, we don't make any commitments about the content within the Product & Services, the specific functions of the Product & Services, their reliability, availability, or ability to meet your needs. We provide the Product & Services "as is".
Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all warranties.
Liability for our Product & Services
When permitted by law " TC ", and " TC " suppliers and distributors, will not be responsible for lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages.
To the extent permitted by law, the total liability of " TC ", and its suppliers and distributors, for any claims under these terms, including for any implied warranties, is limited to the amount you paid us to use the Product & Services (or, if we choose, to supplying you the Product & Services again).
In all cases, " TC " along with its suppliers and distributors will not be liable for any loss or damage which is not reasonably foreseeable
We recognize that in some countries, you might have legal rights as a consumer. If you are using the Product & Services for a personal purpose, then nothing in these terms or any additional terms limits any consumer legal rights which may not be waived by contract.
Business uses of our Product & Services
If you are using our Product & Services on behalf of a business, that business accepts these terms. It will hold harm and indemnify A.T.S.I and its affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the Product & Services or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys' fees
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Product & Services. You should look at the terms regularly. We'll post notice of modifications to these terms on this page. We'll post notice of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict
These terms control the relationship between " TC " and you. They do not create any third party beneficiary rights.
If you do not comply with these terms, and we don't take action right away, this doesn't mean that we are giving up any rights that we may have (such as taking action in the future).
If it turns out that a particular term is not enforceable, this will not affect any other terms.
Definitions:
For the purposes of this document, the following expressions shall have the meanings hereby assigned to them except where the context otherwise requires:
- "Terms and Conditions" means the Terms and Conditions mentioned herein and applying to the Education ERP Software " Academy Desk " , and as amended by the Software/Service provider from time to time.
- PORTAL/SYSTEM means Education ERP Software " Academy Desk " https://academydesk.com and its sub domain/modules a structured electronic system operated on behalf of the our CLIENT Organization means School/Colleges/Institutes/Education bodies/ Tuitions / Classes , Education Societies, Organizations, Companies etc. Via the Internet which facilitates the client organisation functionalities with Education ERP through electronic means. Client means registered Organization user who is hosting and processing their data through the Portal. User means registered user / student/ Parent who applies for admission placed by Client Organization and participates electronically in the portal
- REGISTERED USER means the Student or Parent who has registered and obtained access to use the portal
- "Service Provider" shall mean " TECHNOCOGNIZE SOLUTIONS LLP (" TC ") ", the entity or organization responsible for maintaining and operating the Education ERP Software under an agreement for Services executed with the Client Organization
In order to create a user account and use the Education ERP Software , you must read and accept the Terms & Conditions You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute, in any manner, the material on the site, including text, graphics, code and/or software.
You may print and download portions of material from the different areas of the Site solely for your own non-commercial use, provided that you agree not to change or delete any copyright or proprietary notices from the materials
We provide this Education ERP Software and related Product & Services subject to your compliance with the user’s terms and conditions set forth below. Please read the following information carefully. You may not complete your registration and use the Education ERP Software without agreeing to comply with all of the user’s terms and conditions set forth below, and by registering for a user name and password, you agree to abide by all of the user’s terms and conditions set forth below.
- THE PORTAL is developed by " TC ", Pune, and Maharashtra, India.
- SERVICE PROVIDER will make available THE PORTAL for use by the Registered Users on the best efforts basis and will strive to maintain maximum uptime of the service provided by it.
- The SERVICE PROVIDER agrees to grant the Registered Users the right to access and use Education ERP Software on the terms set out herein and such other terms as may be specified by the Client Organization from time to time.
- The Registered Users also recognizes and acknowledges that the Education ERP Software is customized to the Client Organization requirements by the Service Provider under an agreement for Product & Services executed between the Client Organization and the Service Provider. The Registered Users hereby agrees and acknowledges that Service Provider shall not be held responsible for the features of Education ERP Software or liable for any damage or loss resulting from the use of the Education ERP Software.
- The registered Users also recognizes and acknowledges that the Education ERP Software is being maintained and operated by the Service Provider under an agreement for Product & Services executed between the Client Organization and the Service Provider. The Registered Users hereby agrees and acknowledges that Service Provider shall not be responsible or liable for any damage or loss resulting from the use of the Education ERP Software.
- In compliance Government law, Rules & Regulations the users are hereby directed not to use, display, upload, modify, publish, transmit, update, share or store any information that (a) belongs to another person; (b) is harmful, threatening, abusive, harassing, blasphemous, objectionable, defamatory, vulgar, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever.
- In the same context, the Service Provider affirms that not to host or publish or edit or store any information or shall not initiate the transmission, select the receiver of transmission, and select or modify the information contained in the transmission
- The facility offered by Service Provider shall be non-transferable and the USER shall not assign, resell or commercially exploit the facility for others.
- THE PORTAL Product & Services being provided by Service Provider shall be subjected to all applicable government laws, rules and regulations.
- The Users hereby agrees and acknowledges that he will strictly adhere to client system requirements mentioned on the home page link and will not hold Service Provider responsible or liable for any damage or loss resulting from the use of the Education ERP Software by not adhering to System Requirements recommended. (refer the link ' Manuals' in the software)
- The Users shall access and use Education ERP Software in the manner and with the use of such Security Devices or as may be prescribed from time to time.
- THE PORTAL is intended for ONLY the REGISTERED USERS (registered Client Organization and registered Users, Students/Parents) to transact and do the business through electronic medium facilitated by Service Provider.
- THE Client Organization can seek the registration of Student/ Parent and float admission inquiries, which Service Provider may support in THE PORTAL.
- The registration of the users, i.e. Client Organization and Student, Parents, as the case may be, shall be at the sole discretion of Service Provider.
- The information given by the Users is absolutely by and under his discretion and Service Provider will not verify or preserve any type of documentation in support of the information provided by the REGISTERED USER.
- REGISTERED USERS can always modify/update their profile as and when required at their discretion.
- SERVICE PROVIDER will provide the REGISTERED USER with Identity for access. The REGISTERED USER shall be responsible for all persons using THE PORTAL through the identity and all users of this account, whether or not authorized by him.
- SERVICE PROVIDER is and shall not be responsible for any misuse/misplacement and revealing of identity and password to the unauthorized persons and its subsequent effect from the REGISTERED USERS.
- The PORTAL provides online payment facilities for few of the payment modes. This is a third party facility and the SERVICE PROVIDER will ensure that the payments are processed with utmost accuracy and transparency. However, the SERVICE PROVIDER will not accept any responsibility for payment failures, transaction failures, broken transactions, etc.,
- Transaction Fees: Users agree to pay the applicable registration, service, document, and/or submission fees (“the Fees”), as the case may be, for any transaction on the Portal regardless of whether or not such transaction is actually consummated. If the Users fails to submit the fees, they are liable for disqualification in the admission process. Users are responsible for making all payments along with the applicable taxes, bank or card transaction charges, convenience charges, Portal usage Charges, Portal Registration Charges, Subscription Charges Plus any taxes by Government if any.
- Registration charges /tender processing charges, once received by the service provider from Registered User are non-refundable. However, if any double / duplicate payment is received by the service provider, then it shall be returned to him within 60 days from the date of intimation and proper documentary proof of double payment.
- Any updates related to the tender process shall be sent to email address registered in your registration form. Users has to ensure that the given email address is valid and active. If the emails are received in spam folder, then Users has to mark such mails as 'Not spam'
- Few add-on services are provided to the REGISTERED USER such as e-mail alerts, e-notifications, SMS messages and reminders. This is provided with an intention to provide additional information on the Education ERP Software to the USERs. However, these services are purely promotional in nature, and in no way enforces the SERVICE PROVIDER to provide these services.
- The communication alerts like e-mail ,Mobile Notification and SMS are sent to the recipient email address / mobile number as provided by the USER during Registration. For reasons beyond our control, these may not be delivered to the recipient if there are any issues with ISP (Data Centre or the recipients end).
- The mail sent may be identified as spam and dropped
- Incorrect recipient email address
- Recipient Mailbox quota exceeded.
- Recipient domain service unavailable, Host or domain name not found.
- Recipient email server rejected.
- Mass email is rejected due to security policies at recipient email server
- A REGISTERED USER is entitled to terminate his account on giving a 60 days advance notice and not entitled to claim any other compensation for any services to be provided by Service Provider and the termination is effective from the expiry date of the notice.
- SERVICE PROVIDER shall be entitled to terminate the registration of any REGISTERED USER at any time without the need to assign any reason, by giving 30 days prior notice in writing to the concerned REGISTERED USER and the termination shall be effective on expiry of the notice period.
- SERVICE PROVIDER may in its absolute discretion discontinue THE PORTAL or amalgamate THE PORTAL with another PORTAL at any time without taking the consent from the Users
- Notwithstanding any investigation or inquiry which SERVICE PROVIDER may in its discretion undertake, the REGISTERED USER acknowledge and accept that Service Provider is only a service provider and shall not in way be responsible or liable for any breach or failure on the part of the REGISTERED USER.
- SERVICE PROVIDER makes no warranty that THE PORTAL will be available uninterrupted or timely or error free or otherwise assume any responsibility for any delayed transmission or the deletion or failure to store data or for any consequential loss or damage thereupon.
- SERVICE PROVIDER, its directors, officers, employees, agent and representatives shall not be liable for any direct, indirect, incidental, special, punitive or consequential damages, resulting from the use of THE PORTAL.
- SERVICE PROVIDER shall be entitled to place advertisement and other materials on THE PORTAL as Service Provider may in its discretion consider appropriate including for the purpose of earning revenue there from without consulting the registered Client Organization.
- Depending upon the requirement/situations SERVICE PROVIDER may change, modify, alter, update the features or flow of PORTAL or adopt a new Internet technology without taking the consent of the Users.
- The Client Organization and Users seeking registration and upon registration shall be liable to pay the fees to Service Provider in the manner specified. The fees may include, but not limited to Processing fee, Registration fee, Periodic payment or any other fees.
- SERVICE PROVIDER shall be entitled to vary the fees mentioned above for different Client Organization / Users/ REGISTERED USER depending upon business finalization terms.
- The renewal of the registration of REGISTERED USER shall be subject to the payment of the periodic amount as specified within the scheduled time frame.
- SERVICE PROVIDER provides the highest security and confidentiality of user’s data in Education ERP Software. However, the Users hereby agrees and acknowledges that in case of any security and confidentiality breaches beyond Service Provider’s scope, then vendor will not hold Service Provider responsible and will not make him liable for any damage or loss resulting from the use of the Education ERP Software .
- The Users hereby agrees to indemnify and hold the SERVICE PROVIDER harmless against all damages, losses, costs (including legal costs), expenses and liabilities suffered or incurred by the Client Organization arising out of or referable to any claims, suits or proceedings brought against the Client Organization by third parties
- The SERVICE PROVIDER shall not be liable in any way for any damages, losses, costs, expenses, liabilities or compensation, whether direct or indirect, which arise from or are referable to, regardless of the form of action, any breach of security, delay, corruption or destruction of data or systems (including due to but not limited to causes such as virus or other malicious, destructive or corrupting code, program or macro), transmission error and unavailability of access associated with accessing and/or using Education ERP Software or any part thereof
- THE PORTAL shall be controlled by SERVICE PROVIDER and the applicable law shall be Indian Law. The registered user shall agree and hereby submit to the exclusive jurisdiction of the appropriate court within the territory of PUNE in respect of any dispute or difference with SERVICE PROVIDER.
- The Copyright on THE PORTAL shall exclusively vest in " TC ".
- The REGISTERED USER hereby agrees that use of THE PORTAL is at the user's sole risk and THE PORTAL is provided on an "as is" and "as available" basis.
The registered user confirms that he has carefully read the terms and conditions and unconditionally and irrevocably accepts the same when applying for signing up. Any claims, grievances, complaints about the usage of the Education ERP Software site may be addressed to support@technocognize.com