Terms of Use

These website terms of use (“Terms of Use”) constitute an electronic record formed under the Information Technology Act, 2000, and associated rules and amendments pertaining to electronic documents and records. This document does not require any physical, electronic, or digital signature.

These Terms of Use represent a legally binding agreement between the User and eLearnProfile (as defined below). They become effective upon your acceptance (directly or indirectly, in electronic form) and govern your relationship with eLearnProfile regarding the use of the Website (as defined below).

This document is published and construed in accordance with Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, under the Information Technology Act, 2000, which requires publishing rules, regulations, privacy policies, and user agreements for website access or usage.

The Terms of Use apply to the website located at https://skyblue-lemur-573639.hostingersite.com/ (the “Website”), and are between STATSENSE CONSULTANCY SERVICES OPC PRIVATE LIMITED (referred to as “eLearnProfile,” “We,” “Us,” or “Our”) and the guest or registered users of the Website (referred to as “You,” “Your,” or “User”). They describe the terms under which eLearnProfile provides access to the Website and related services (“Services”).

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION, OR SERVICES THROUGH THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE WEBSITE.

These Terms of Use, together with the Privacy Policy and any Additional Service Terms, as well as all other notices, disclaimers, and guidelines on the Website (collectively referred to as “Agreements”), constitute the entire agreement governing your access to and use of the Website and Services.

If you access the Services through the eLearnProfile mobile application, these Terms of Use will apply. Additionally, there may be extra terms imposed by mobile application stores like Apple’s iTunes, Google Play Store, or Microsoft Store. These additional terms, where applicable, are incorporated into these Terms of Use by reference.

1. GENERAL

1. Company Information
   STATSENSE CONSULTANCY SERVICES OPC PRIVATE LIMITED is a company incorporated under the laws of India, with its registered office at No.48 Kumaran Street, 600099, and having CIN U85500TN2024OPC171803.
2. eLearnProfile
   eLearnProfile, owned by Statsense, is an online learning portal specializing in financial education, focusing on trading and the stock market. It offers a range of online courses to users (“Services”).
3. Terms of Use Updates
   These Terms of Use are subject to revision by eLearnProfile at any time. Users are advised to read these Terms of Use periodically before using the Website. The updated Terms of Use will be available on the Website. Users should regularly visit the Website to view the most current Terms of Use. If the Website provides a facility, users can determine when eLearnProfile last modified any part of the Agreement by referring to the “Last Updated” legend. It is the user’s responsibility to check these Terms of Use periodically for changes. eLearnProfile may require users to provide direct or indirect consent to any updates in a specified manner before further use of the Website and the Services. If no separate consent is sought, continued use of the Website and/or Services following changes constitutes acceptance of those changes.
4. Conflict Resolution
   In the event of a conflict:
   1. Between the Privacy Policy and any other agreement, the Privacy Policy shall take precedence, but only to the extent of the conflict.
   2. Between the Additional Service Terms and any other part of these Terms of Use, the Additional Service Terms shall take precedence concerning that Service.
   3. Between these Terms of Use and any other notices, disclaimers, or guidelines appearing on the Website, these Terms of Use shall take precedence, but only to the extent of the conflict.

2. Services

1. Educational Platform: The Website serves as an electronic platform offering online courses dedicated to financial trading. This includes providing Users with comprehensive learning materials and resources to enhance their trading skills.
2. Additional Services: The Website also provides ancillary services related to financial trading education, designed to support and complement the primary learning experience.

3. Eligibility to Use

1. Legal Age and Compliance: By using the Services, you affirm that you are of legal age to enter into a binding contract and are not barred from receiving the Services under applicable laws in India. If you are under eighteen (18) years of age, please review these Terms of Use with your parent or legal guardian. In such cases, these Terms of Use will be considered a contract between eLearnProfile and your legal guardian or parent, and, to the extent permissible by law, will be enforceable against you.
2. Access Rights: eLearnProfile reserves the right to refuse access to the Services or to terminate access granted to Users at any time, without providing any reasons.
3. Account Restrictions: You are permitted to maintain only one active Account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to any other individual.

4. Security

1. Access Levels: You may access and use the Website and Services as either a registered user or a guest user. Note that certain sections and features of the Website and Services are only accessible to registered users.
2. Registered Users:
   • To access certain sections of the Services, you must provide eLearnProfile with the required information and create an account using a login ID and password (“Account”). You can create an Account by logging in through third-party services, such as Facebook, Yahoo, Google, Twitter, or other permitted social media platforms (“Account Information”).
   • As a registered user, you are responsible for maintaining the confidentiality and security of your Account Information. You are fully responsible for all activities that occur under your Account. You agree to:
     • (a) Immediately notify eLearnProfile of any unauthorized use of your Account Information or any other security breach.
     • (b) Ensure that you log out of your Account at the end of each session.
   • eLearnProfile is not liable for any loss or damage arising from your failure to comply with these requirements. You may be held liable for any losses incurred by eLearnProfile or other users due to unauthorized use of your Account resulting from your failure to secure your Account Information.
   • Ensure that the Account Information you provide is complete, accurate, and up-to-date. Using another user’s Account Information to access the Services is strictly prohibited.
   • If you provide information that is untrue, inaccurate, outdated, or incomplete (or if such information becomes untrue, inaccurate, outdated, or incomplete), or if eLearnProfile has reasonable grounds to suspect such information, eLearnProfile reserves the right to suspend or terminate your Account and refuse any current or future use of the Website/Services.
3. Guest Users:
   • The Website offers limited access to Services for unregistered users (guest users). Guest users can browse the Website and use certain Services, but will not have access to benefits reserved for registered users. These benefits may change over time.
   • The collection, storage, use, and disclosure of personal information provided by guest users are governed by eLearnProfile’s Privacy Policy.

5. Payments

1. Fees and Charges:
   • Currently, browsing the Website is free of charge. However, eLearnProfile may impose fees for the use of the Website and Services or certain features in the future. You agree to pay any applicable fees for the Services you use. eLearnProfile will endeavor to inform you about any fees associated with specific uses of the Website and Services, as well as the amount of such fees.
2. Fee Changes:
   • eLearnProfile reserves the right to introduce, modify, or waive fees for using the Website or Services at any time. Continued use of the Website and Services after any fee changes will constitute your acceptance of the new fees and the applicability of these Terms of Use to such changes.
3. Payment Information:
   • You agree to provide accurate and current financial information, such as credit/debit card details, to an approved payment gateway or pre-paid payment instrument account for accessing Services on the Website. You must use only credit/debit cards or pre-paid instruments lawfully owned by you for transactions. The information you provide will only be used for fraud verification, legal requirements, or as outlined in the Privacy Policy. You are solely responsible for the security and confidentiality of your payment details. eLearnProfile disclaims any liability arising from unauthorized use of your credit/debit card or pre-paid instrument account.

6. User Obligations

1. Limited Access Rights:
   • eLearnProfile grants you a non-exclusive, non-sublicensable, non-transferable, revocable, and limited right to access and use the Website and Services provided therein.
2. Permitted Use:
   • You agree to use the Services, Website, and Content only for purposes permitted by: (a) the Agreement(s) (including these Terms of Use); and (b) applicable law.
3. Material Usage:
   • You agree to adhere to all limitations on dissemination, use, and reproduction of any materials (such as product catalogs) accessed on the Website as outlined in Clause 7.
4. Access Restrictions:
   • You agree not to access (or attempt to access) the Website or Services through any means other than those provided by eLearnProfile. This includes refraining from using deep-links, robots, spiders, or any automatic or manual methods to access, acquire, copy, or monitor any portion of the Website or Content, or to circumvent the navigational structure of the Website.
5. Reporting Non-Compliance:
   • If you believe any Content or User Content on the Website does not comply with the Agreement(s) or applicable law, you may report it as outlined in Clause 14.
6. User Content:
   • The Website may allow you to post content, data, or information (collectively, “User Content”). You are responsible for all User Content you upload, post, or make available. You must ensure that you have obtained all relevant consents and approvals for posting User Content, and that it complies with applicable law. eLearnProfile does not endorse User Content and is not liable for it. eLearnProfile reserves the right to disable access to User Content.
7. License for User Content:
   • By posting User Content, you grant eLearnProfile a perpetual, non-revocable, worldwide, royalty-free, and sublicensable license to use, copy, distribute, display, publish, transmit, modify, adapt, and create derivative works of the User Content. You warrant that you own or control all rights to the User Content and that it is accurate, lawful, and does not breach these Terms of Use.
8. Prohibited Content:
   • When using the Website and Services, you must not:
     1. Use content that you do not have rights to.
     2. Post harmful, harassing, defamatory, obscene, or otherwise unlawful content.
     3. Harm minors.
     4. Impersonate others or misrepresent your affiliation.
     5. Threaten national integrity or public order.
     6. Infringe intellectual property rights.
     7. Introduce viruses or malicious code.
     8. Mislead or deceive.
     9. Interfere with the Website or Services.
     10. Attempt unauthorized access or hacking.
     11. Test or breach security measures.
     12. Disrupt or cause harm to the Website or connected systems.
     13. Use the Website for unlawful purposes.
     14. Alter or delete proprietary notices.
     15. Violate any applicable code of conduct.
     16. Break any laws or regulations.
     17. Breach these Terms of Use.
9. Responsibility for Breaches:
   • You are solely responsible to eLearnProfile and any third parties for breaches of your obligations under these Terms of Use or other Agreements and for any resulting consequences, including loss or damage.
10. Content Monitoring:
    • eLearnProfile is not obligated to monitor User Content but may do so at its discretion and/or as required by law. eLearnProfile may remove User Content if it deems it in violation of these Terms of Use or applicable law and will make reasonable efforts to inform the user who posted it.
11. Technical Requirements:
    • You are responsible for maintaining the necessary equipment, internet connections, and technologies required to access, use, and transact on the Website. You may incur third-party fees related to access and use of the Services.
12. Updates:
    • You may need to install updates introduced by eLearnProfile or third parties to use the Website and Services effectively. Updates may include bug fixes, patches, new features, and versions.

7. Use of Content

1. Grant of Rights:
   • Except as expressly indicated otherwise in any applicable Additional Service Terms, eLearnProfile grants you a non-exclusive, revocable, and non-transferable right to view, download, and print the Content available on the Website, subject to the following conditions:
     1. You may access and use the Content solely for personal, informational, and internal purposes, in accordance with these Terms of Use.
     2. You may not modify, alter, or create derivative works based on the Content.
     3. You may not distribute, sell, license, or otherwise make the Content available to others.
     4. You may not remove or obscure any text, copyright, or other proprietary notices contained in the Content.
2. Intellectual Property Rights:
   • The rights granted to you regarding the Content do not extend to the design, layout, or look and feel of the Website. These elements are protected by intellectual property rights and may not be copied, imitated, or used in whole or in part.
3. Software Usage:
   • Any software available on the Website is the property of eLearnProfile. You may not use, download, or install any software from the Website unless expressly permitted by the Agreement or with the explicit written permission of eLearnProfile.

8. Intellectual Property Rights

1. Ownership and Protection:
   • The Website, including all text, graphics, user interfaces, visual interfaces, sounds, music, artwork, and computer code (collectively, the “Content”), is owned and controlled by eLearnProfile or its licensors. The design, structure, selection, coordination, expression, look and feel, and arrangement of the Content are protected by copyright, patent, trademark laws, and various other intellectual property rights. No rights are impliedly or expressly granted to you concerning such Content by your use of the Website. eLearnProfile reserves the right to change or modify the Content at its sole discretion.
2. Trademarks and Marks:
   • The trademarks, logos, and service marks displayed on the Website (“Marks”) are the property of eLearnProfile or respective third parties. You may not use any Marks without prior consent from eLearnProfile or the third-party owner of the Marks.
3. Ownership of Intellectual Property:
   • Unless expressly indicated otherwise, eLearnProfile owns all intellectual property rights related to the trademark “eLearnProfile” and the Website. This includes, without limitation, all rights, title, and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets, inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
4. Restrictions on Use:
   • Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce, or distribute any Content through any medium without obtaining necessary authorization from eLearnProfile or the third-party owner of such Content.

9. Third Party Content

1. Availability and Disclaimer:
   • The Website may include general third-party information, such as specifications, news reports, entertainment, technology features, advertisements (including videos, images, and photographs), links to third-party websites, and other data from external sources (collectively, “Third Party Content”). This content is provided based on sources believed to be reliable and is offered on an ‘As Is’ basis. eLearnProfile makes no guarantees regarding the accuracy, title, non-infringement, or fitness for a particular purpose of any Third Party Content. eLearnProfile is not liable for any loss you may suffer as a result of relying on or using such Third Party Content.
2. Links to Third-Party Websites:
   • If Third Party Content contains links to third-party websites, you access these links at your own risk and responsibility. eLearnProfile does not warrant or endorse any website linked to the Website or Services, nor does it guarantee the information or services described on such third-party sites.

10. Disclaimer of Warranties & Liability

1. General Disclaimer:
   • The Website, Services, Content, User Content, and any Third Party Content are provided by eLearnProfile on an “as is” basis, without any warranties of any kind, whether express, implied, statutory, or otherwise.
2. Liability Limitations:
   • To the maximum extent permitted by applicable law, eLearnProfile will not be liable for any issues related to User Content or Third Party Content, including but not limited to intellectual property rights, libel, privacy, publicity, or obscenity laws. eLearnProfile disclaims all liability concerning the misuse, loss, modification, or unavailability of User Content and/or Third Party Content.
3. Account Security:
   • You expressly agree that, to the fullest extent permitted by applicable law, eLearnProfile will not be liable for any loss resulting from unauthorized use of your Account or Account Information in connection with the Website or Services, whether with or without your knowledge.
4. Information Accuracy and Availability:
   • While eLearnProfile strives to ensure the accuracy of all information on the Website, it does not warrant or make any representations regarding the quality, accuracy, or completeness of any data, information, or services. eLearnProfile is not responsible for delays or failures in using the Website, or for any information, software, functionalities, and related graphics obtained through the Website. Additionally, eLearnProfile is not liable for non-availability of the Website during maintenance or due to technical issues beyond its control. Any material or data downloaded from the Website is done at your own risk, and you are solely responsible for any damage to your computer systems or loss of data resulting from such downloads. eLearnProfile is not responsible for any typographical errors leading to invalid coupons and accepts no liability for errors or omissions regarding information provided, whether by itself or third parties.

11. Indemnification and Limitation of Liability

1. Indemnification:
   • You agree to indemnify, defend, and hold harmless eLearnProfile, its subsidiaries, affiliates, vendors, agents, and their respective directors, officers, employees, contractors, and agents (collectively referred to as “Indemnified Parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs, and expenses (including legal and statutory fees and disbursements) incurred by the Indemnified Parties arising out of or in connection with:
     • (i) Your breach of the Agreement(s);
     • (ii) Any claims made by third parties due to, or arising out of, Your use of the Website;
     • (iii) Any claim that Third Party Content or materials provided by You caused damage to a third party;
     • (iv) Your violation of any rights of another, including intellectual property rights.
2. Claims Notification and Defense:
   • eLearnProfile may notify You of any claims for which You are liable to indemnify eLearnProfile. You are required to consult with eLearnProfile regarding the defense of such claims. You shall not compromise, settle any claim, or admit any liability or wrongdoing on eLearnProfile’s part without eLearnProfile’s express prior written consent, which may be withheld or conditioned at eLearnProfile’s sole discretion.
3. Limitation of Liability:
   • Notwithstanding any other provision in the Agreement(s), eLearnProfile’s entire and aggregate liability to You in connection with these Terms of Use shall not exceed the greater of the amount paid by You for accessing the Services or Indian Rupees Thirty Thousand Only (INR 30,000).
4. Exclusion of Certain Damages:
   • eLearnProfile, its subsidiaries, affiliates, and their respective officers, directors, employees, partners, or suppliers shall not be liable to You for any special, incidental, indirect, consequential, exemplary, or punitive damages, including those resulting from loss of use, data, or profits, whether foreseeable or not, or whether eLearnProfile has been advised of the possibility of such damages. This exclusion applies regardless of the theory of liability, including breach of contract or warranty, negligence, or other tortious actions.

12. Terms

1. Termination by You:
   • The Agreement will remain in effect until terminated by either You or eLearnProfile. To terminate Your agreement with eLearnProfile, You may (i) stop accessing the Website; or (ii) close Your Account for all Services that You use, where such an option is available.
2. Termination by eLearnProfile:
   • eLearnProfile may, at its sole discretion and without prior notice, terminate Your access to the Website and block Your future access if eLearnProfile determines that You have violated these Terms of Use or any other Agreement(s). You acknowledge that any such violation may cause irreparable harm to eLearnProfile, and agree that monetary damages may be insufficient to remedy this harm. You consent to eLearnProfile seeking injunctive or equitable relief as deemed necessary or appropriate in such circumstances, in addition to any other remedies available at law or in equity.
3. Additional Termination Conditions:
   • In addition to Clause 1.2, eLearnProfile may, at any time and with or without notice, terminate these Terms of Use with You if:
     • eLearnProfile is required to do so by law (e.g., if providing the Services becomes unlawful or if requested by law enforcement or other government agencies);
     • eLearnProfile decides to discontinue, with or without reason, access to the Website or any part of the Services;
     • eLearnProfile encounters unexpected technical issues or problems preventing the Website from functioning.
4. Survival of Terms:
   • Provisions of this Agreement intended to survive termination or expiration shall continue in effect indefinitely unless eLearnProfile specifically terminates them.

13. Governing Law and Jurisdiction

1. Governing Law:
   • These Terms of Use, all transactions conducted on or through the Website, and the relationship between You and eLearnProfile shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.
2. Jurisdiction:
   • You agree that all claims, differences, and disputes arising under or in connection with these Terms of Use, the Agreement(s), or any transactions conducted on or through the Website, or the relationship between You and eLearnProfile, shall be subject to the exclusive jurisdiction of the courts located in Chennai, India. You consent to and accept the jurisdiction of such courts. Each party irrevocably waives any objection to the venue or forum non conveniens. Each party further agrees that any judgment in such action or proceeding may be enforced in other jurisdictions through suit on the judgment or as otherwise provided by law. Service of process and any other notice in any such suit, action, or proceeding related to this Agreement shall be effective if given as provided herein.

14. Report Abuse and Take Down Policy

1. Reporting Abuse or Violations:
   • If you encounter any abuse or violation of these Terms of Use, come across objectionable content on the Website, or believe that your intellectual property rights have been infringed in any manner through the Website, please notify eLearnProfile. You can report such issues using the contact details provided on the Website.

15. Communications

1. Electronic Communication:
   • By using the Website or sending emails or other forms of communication to eLearnProfile, you consent to receive communications from eLearnProfile through electronic records. This includes communication via email, notices on the Website, or electronic records on the Website, as well as messages sent to your mobile number. Such communications will be deemed as adequate service of notice or electronic record to the fullest extent permitted by applicable law.

16. General Provisions

1. Notice:
   • All notices from eLearnProfile with respect to these Terms of Use will be served to you via email or general notification on the Website. Any notice provided to eLearnProfile under these Terms of Use should be sent to the Grievance Officer at Mrs. Hemavathy, via email at statsense.official@gmail.com.
2. Assignment:
   • You may not assign or transfer the Agreements, or any rights or obligations hereunder, to any third party. Any such assignment or transfer will be void. eLearnProfile’s rights and/or obligations under the Agreement may be freely assigned or transferred by eLearnProfile to any third party without requiring your prior consent. eLearnProfile reserves the right to transfer your Account and Account Information to a third party in the event of a sale of eLearnProfile’s business.
3. Severability:
   • If a court of competent jurisdiction finds any provision of the Agreement, or any portion thereof, to be unenforceable, that provision will be enforced to the maximum extent permissible to reflect the parties’ intent, and the remainder of the Agreement will remain in full force and effect. eLearnProfile may amend the unenforceable provision reasonably to make it enforceable, and such amendment will be effective according to the amendment terms of these Terms of Use.
4. Waiver:
   • Any failure or delay by a party to enforce or exercise any provision or right under the Agreement will not constitute a waiver of that provision or right. The exercise of one or more rights hereunder does not preclude the exercise of any other rights or remedies available under these Terms of Use, at law, or in equity. Any waiver must be made in writing and executed by a duly authorized officer of the party granting the waiver.
5. Principal to Principal Relationship:
   • You and eLearnProfile are independent contractors. Nothing in these Terms of Use shall be construed to create a partnership, joint venture, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and eLearnProfile.
6. Grievance Officer:
   • In compliance with the Information Technology Act, 2000, and the rules made thereunder, the Grievance Officer of eLearnProfile for the purpose of this Agreement is Mrs. Hemavathy. The email address for grievances is statsense.official@gmail.com. eLearnProfile may update this information from time to time and will inform you of any changes.

Disclaimer

Neither eLearnProfile (Statsense) nor its affiliates, nor any of their respective officers, personnel, representatives, agents, or independent contractors are licensed financial advisors or registered investment advisors. The materials provided by eLearnProfile are intended solely for educational purposes. While every effort is made to ensure the accuracy of the educational information presented in this presentation or workshop, eLearnProfile makes no guarantees regarding its accuracy or reliability.

No information provided constitutes a recommendation by eLearnProfile or its affiliates to buy, sell, or hold any security, financial product, or instrument discussed, or to engage in any specific investment strategy. The content should not be interpreted as an offer or solicitation to buy, sell, or hold any securities. You are fully responsible for your investment decisions. Such decisions should be based on your independent evaluation of your financial situation, investment objectives, risk tolerance, and liquidity needs.

Securities Used as Examples: Any security mentioned in this context is for illustrative purposes only. eLearnProfile does not endorse or recommend the purchase or sale of this security. Past performance shown in examples is not indicative of future performance.

Option Trading Risk: Options trading involves significant complexity compared to stock trading and may not be suitable for all investors. Some options strategies can result in losses exceeding the original investment. Before engaging in options trading, you should review the document titled “Characteristics and Risks of Standardized Options,” available from your broker or the exchange on which options are traded.

END USER LICENSE AGREEMENT

IMPORTANT:

Please read this End User License Agreement (“Agreement”) carefully before downloading or using the software. By using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to these terms, do not use or download the Software.

1. General

1.1 License Grant

The Software (including, but not limited to, Boot ROM code, object code, source code, embedded software, and third-party software that is or may become part of the Software), along with any associated documentation, interfaces, contents, fonts, and any data provided with the Software, whether in read-only memory, on any other media, or in any other form, is licensed to you, not sold, by Statsense Consultancy Services OPC Private Limited (“eLearnProfile”). You are granted a non-exclusive, non-transferable license to use the Software solely in accordance with the terms of this Agreement. eLearnProfile retains all ownership rights and interests in the Software, including all rights not expressly granted to you.

1.2 Software Updates

eLearnProfile may, at its discretion, provide updates to the Software. These updates may not include all existing features and are governed by the terms of this Agreement, unless accompanied by a separate agreement, in which case the terms of that agreement will apply.

1.3 Restrictions

You shall not rent, lease, lend, sell, redistribute, or sublicense the Software.

2. Confidentiality and Privacy

2.1 Confidential Information

For the purposes of this Clause, “Disclosing Party” refers to the party disclosing Confidential Information, and “Receiving Party” refers to the party receiving or accessing such Confidential Information. The Receiving Party agrees not to sell, transfer, publish, disclose, display, or otherwise make available the Confidential Information to any third party without the prior written consent of the Disclosing Party. The Receiving Party shall protect the Confidential Information with the same degree of care as it uses to protect its own confidential information and ensure that its directors, officers, employees, agents, advisors, accountants, consultants, bankers, financial advisers, or subcontractors (collectively, “Representatives”) are bound by confidentiality obligations no less restrictive than those in this Agreement.

2.2 Breach Notification

The Receiving Party shall promptly notify the Disclosing Party upon becoming aware of any breach of confidentiality and will assist in investigating and remedying the breach. The Receiving Party agrees to make reasonable efforts to prevent any unauthorized use or disclosure of the Confidential Information.

2.3 Equitable Relief

The parties agree that monetary damages may be insufficient for breaches of confidentiality and that the Disclosing Party may seek equitable relief, including injunctions and specific performance.

2.4 Legal Disclosure

The Receiving Party may disclose Confidential Information if required by law, provided it notifies the Disclosing Party as soon as legally permissible. The burden of proving the necessity for such disclosure rests with the Receiving Party.

2.5 Survival of Obligations

Confidentiality obligations survive the termination of this Agreement. Upon termination or written request by the Disclosing Party, the Receiving Party shall promptly destroy all Confidential Information.

3. Intellectual Property Rights

3.1 Ownership

You acknowledge that eLearnProfile holds all intellectual property rights in the Software. No rights are granted to you except those expressly granted under this Agreement. You agree not to infringe upon these intellectual property rights.

3.2 Copying and Modification

You are permitted to copy the Software only to the extent necessary for installation, use, operation, backup, and archival purposes. Any modification, reverse engineering, decompiling, or disassembly of the Software is prohibited, except as expressly permitted by this Agreement.

4. Indemnity

4.1 Indemnification

You agree to indemnify, defend, and hold harmless eLearnProfile and its affiliates, including their officers, directors, employees, and agents (collectively, “Indemnified Parties”), from and against any losses, liabilities, damages, claims, demands, actions, or suits, including legal fees, arising from your breach of this Agreement or any claims related to your use of the Software.

5. Disclaimer of Warranties

5.1 No Warranty

The Software is provided “as is” and “as available” without any warranties of any kind. eLearnProfile disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement. eLearnProfile does not warrant that the Software will meet your requirements, operate uninterrupted or error-free, or be compatible with third-party software.

5.2 Responsibility for Issues

eLearnProfile is not obligated to provide upgrades, bug fixes, support, or maintenance services. Any issues arising from unauthorized amendments, use, or implementation shortcomings are the responsibility of the user.

6. Limitation of Liability

6.1 Exclusion of Damages

To the extent permitted by applicable law, eLearnProfile shall not be liable for any personal injury or any incidental, special, indirect, or consequential damages, including loss of profits, data corruption, or business interruption, arising from your use or inability to use the Software or related third-party software.

7. Third-Party Acknowledgment

7.1 Third-Party Software

The Software may include third-party software or materials. You must comply with any additional terms and conditions applicable to such third-party software. eLearnProfile is not responsible for any infringement claims or legal actions arising from the use of third-party software.

7.2 Notification of Infringement

If you receive any infringement notices or legal actions related to third-party rights due to the use of the Software, you must promptly inform eLearnProfile and cooperate in defending against such claims. You are responsible for indemnifying eLearnProfile for any losses resulting from such claims.

8. Privacy

8.1 Data Collection

eLearnProfile’s collection and use of personal information are governed by its Privacy Policy, available at www.eLearnProfile.com. By using the Software, you consent to eLearnProfile’s processing and use of your personal data in accordance with this policy.

9. Termination

9.1 Automatic Termination

This Agreement will terminate automatically if you fail to comply with any term(s) of this Agreement. Upon termination, you must cease all use of the Software and destroy all copies in your possession.

10. Relationship of the Parties

10.1 Independent Parties

The relationship between the parties is on a principal-to-principal basis. This Agreement does not create any partnership, joint venture, employment relationship, or agency between the parties. Neither party has the authority to bind or incur obligations on behalf of the other party except as specifically provided in this Agreement.

11. Dispute Resolution, Governing Law, Jurisdiction

11.1 Arbitration

Any disputes arising from this Agreement that cannot be resolved amicably shall be referred to arbitration conducted in Chennai, India, in accordance with the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English, and the award shall be final and binding.

11.2 Governing Law

This Agreement shall be governed by the laws of India. The courts in Chennai, India, shall have exclusive jurisdiction over any litigation arising from this Agreement.

12. Notices

12.1 Method of Notice

For any legal communications or requirements under this Agreement, either Party may send Notices to the other Party electronically by email. Both Parties consent to receive Notices by email and agree that such electronic Notices shall be deemed effective as if delivered in writing.

12.2 Contact Information

Each Party shall provide their current email address for the purpose of receiving Notices. Any changes to the email address must be promptly communicated to the other Party.

12.3 Receipt of Notices

Notices sent by email will be considered received on the date sent, provided that the sender does not receive a bounce-back or error message indicating that the email was not delivered.

PRIVACY POLICY

This Privacy Policy is an electronic record created under the Information Technology Act, 2000 and its associated rules, as amended. It does not require any physical, electronic, or digital signature.

This Privacy Policy constitutes a legally binding agreement between you and eLearnProfile. The terms of this Privacy Policy will become effective upon your acceptance (either directly or indirectly, by clicking on the “I accept” tab, using the website, or by other means) and will govern the relationship between you and eLearnProfile with respect to your use of the Website.

This document is published in accordance with the provisions of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, under the Information Technology Act, 2000, which mandates the publication of a privacy policy for the collection, use, storage, and transfer of sensitive personal data or information.

Please read this Privacy Policy carefully. By using the Website, you indicate that you understand, agree to, and consent to this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please refrain from using the Website. You provide your unconditional consent to eLearnProfile as outlined under Section 43A and Section 72A of the Information Technology Act, 2000.

By providing us with your information or utilizing the services offered by the Website, you consent to the collection, storage, processing, and transfer of any or all of your Personal Information and Non-Personal Information by eLearnProfile as detailed in this Privacy Policy. You further acknowledge that such collection, use, storage, and transfer of your information shall not result in any loss or wrongful gain to you or any other person.

STATSENSE CONSULTANCY SERVICES OPC PRIVATE LIMITED and its affiliates (collectively referred to as “eLearnProfile”) are committed to safeguarding the privacy of users accessing eLearnProfile’s websites, mobile sites, or mobile applications (“Website”) and engaging in business with eLearnProfile. The terms “We” / “Us” / “Our” refer to eLearnProfile, and the terms “You” / “Your” / “Yourself” refer to the users. This Privacy Policy constitutes a contract between you and eLearnProfile, whose Website you use or access, or with whom you otherwise engage. This Privacy Policy should be read in conjunction with the respective Terms of Use or other terms and conditions of eLearnProfile.

eLearnProfile has provided this Privacy Policy to familiarize you with:

1. The Type of Data Collected
   1. Personal Information: Information that can uniquely identify or contact you, including but not limited to:
      1. Your username and password
      2. Your name
      3. Your address
      4. Your telephone number
      5. Your email address or other contact information
      6. Your date of birth
      7. Your gender
      8. Information regarding transactions on the Website (e.g., sales or purchase history)
      9. Financial information such as bank account details or payment instrument details
      10. Internet Protocol (IP) address
      11. Sensitive personal data as defined under the Information Technology (Reasonable Security Practices And Procedures And Sensitive Personal Data Of Information) Rules, 2011
      12. Identification code of your communication device
      13. Any other information provided during registration or interactions with the Website

2. Non-Personal Information:

Information that does not identify you personally, including but not limited to:

1. 1. 1. Geographic location
      2. Details of your telecom service provider or internet service provider
      3. Browser type (e.g., Internet Explorer, Firefox, Chrome)
      4. Operating system of your device
      5. The Website you last visited before ours
      6. Duration of your stay on the Website, including session date and time

3.Purpose of Data Collection

1. 1. 1. To provide, maintain, and improve our services
      2. To process transactions and manage your account
      3. To communicate with you, including for customer service and marketing purposes
      4. To comply with legal obligations and enforce our policies

4.Information Security Practices eLearnProfile employs industry-standard security measures to protect your data from unauthorized access, alteration, disclosure, or destruction. This includes encryption, secure servers, and regular security audits.

5.Sharing or Transferring Data Your data may be shared with third parties for the purpose of providing services, complying with legal obligations, or improving our services. We do not sell or rent your personal information to third parties.

6.Updates to the Privacy Policy This Privacy Policy may be amended or updated from time to time. We will update the date of the policy accordingly. We recommend that you regularly check this Privacy Policy to stay informed about any changes. Continued use of the Website or provision of data after updates will constitute acceptance of the revised Privacy Policy.

7.Cookies: We use cookies to enhance your experience on the Website. Cookies are small files placed on your device. You can choose to block or delete cookies through your browser settings. Note that disabling cookies may affect your ability to use certain features of the Website.

8.Advertisements: We may use third-party service providers to serve ads on our behalf across the internet and on the Website. These providers may collect Non-Personal Information about your visits to the Website and interactions with our services.

You hereby represent to eLearnProfile that:

1. The Information you provide to eLearnProfile from time to time is and shall be authentic, correct, current, and updated, and you have all the rights, permissions, and consents as may be required to provide such Information to eLearnProfile.
2. Your providing the Information to eLearnProfile and eLearnProfile’s consequent storage, collection, usage, transfer, access, or processing of the same shall not be in violation of any third-party agreement, laws, charter documents, judgments, orders, and decrees.
3. eLearnProfile officers, partners, employees, contractors, or agents shall not be responsible for the authenticity of the Information that you or any other user provide to eLearnProfile. You shall indemnify and hold harmless eLearnProfile and its officers, partners, employees, contractors, or agents and any third party relying on the Information provided by you in the event you are in breach of this Privacy Policy, including this provision and the immediately preceding provision above.
4. Your Information will primarily be stored in electronic form; however, certain data can also be stored in physical form. We may store, collect, process, and use your data in countries other than the Republic of India but under compliance with Applicable Laws. (“Applicable Laws” shall mean and include all applicable statutes, enactments, acts of legislature or the Parliament, laws, ordinances, rules, bye-laws, regulations, notifications, guidelines, policies, directions, directives, and orders of any governmental authority, tribunal, board, court of India). We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data, and we will on a commercially reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information/data.
5. Purpose for collecting, using, storing, and processing your Information. eLearnProfile collects, uses, stores, and processes your Information for any purpose as may be permissible under Applicable Laws (including where the Applicable Laws provide for such collection, usage, storage, or processing in accordance with the consent of the user) connected with a function or activity of eLearnProfile shall include the following:
   1. To facilitate your use of the Website or other services of eLearnProfile.
   2. To respond to your inquiries or fulfill your requests for information about the various products and services offered on the Website.
   3. To provide you with information about products and services available on the Website and to send you information, materials, and offers from eLearnProfile.
   4. To send you important information regarding the Website, changes in terms and conditions, user agreements, and policies and/or other administrative information.
   5. To send you surveys and marketing communications that eLearnProfile believes may be of interest to you.
   6. To personalize your experience on the Website by presenting advertisements, products, and offers tailored to your preferences.
   7. To help you address problems incurred on the Website, including addressing any technical problems.
   8. For proper administering of the Website.
   9. To conduct internal reviews and data analysis for the Website (e.g., to determine the number of visitors to specific pages within the Website).
   10. To improve the services, content, and advertising on the Website.
   11. To provide value-added services such as Single Sign-On. Single Sign-On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple websites and applications.
   12. To facilitate various programs and initiatives launched by eLearnProfile or third-party service providers and business associates.
   13. To analyze how our services are used, to measure the effectiveness of advertisements, to facilitate payments.
   14. To conduct academic research and surveys.
   15. To protect the integrity of the Website.
   16. To respond to legal, judicial, quasi-judicial processes and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law.
   17. To conduct analytical studies on various aspects including user behavior, user preferences, etc.
   18. To permit third parties who may need to contact users who have bought products from the Website to facilitate installation, service, and any other product-related support.
   19. To implement information security practices.
   20. To determine any security breaches, computer contaminants, or computer viruses.
   21. To investigate, prevent, or take action regarding illegal activities and suspected fraud.
   22. To undertake forensics of the concerned computer resource as part of an investigation or internal audit.
   23. To trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000, that is likely to have an adverse impact on the services provided on any Website or by eLearnProfile.
   24. To enable a potential buyer or investor to evaluate the business of eLearnProfile.

[Individually and collectively referred to as (“Purposes”)] You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of eLearnProfile or any person on their respective behalf, and the collection of Information is necessary for the Purposes. 

Sharing and Disclosure of Your Information

You hereby unconditionally agree and permit that eLearnProfile may transfer, share, disclose, or part with all or any of your Information, within and outside of the Republic of India, to eLearnProfile and to third-party service providers, partners, banks, and financial institutions for one or more of the Purposes or as may be required by the Applicable Laws. In such cases, we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by eLearnProfile under the Applicable Laws.

You acknowledge and agree that, to the extent permissible under the Applicable Laws, it is adequate that when eLearnProfile transfers your Information to any other entity within or outside your country of residence, eLearnProfile will place contractual obligations on the transferee which will oblige the transferee to adhere to the provisions of this Privacy Policy.

eLearnProfile may share statistical data and other details (other than your Personal Information) without your express or implied consent to facilitate various programs or initiatives launched by eLearnProfile, its affiliates, agents, third-party service providers, partners, or banks and financial institutions, from time to time. We may transfer, disclose, or share Information (other than your Personal Information) with those parties who support our business, such as providing technical infrastructure services, analyzing how our services are used, measuring the effectiveness of advertisements, facilitating payments, or conducting academic research and surveys. These affiliates and third-party service providers shall adhere to confidentiality obligations consistent with this Privacy Policy.

Notwithstanding the above, we may use other third parties such as a credit/debit card processing company, payment gateway, pre-paid cards, etc., to enable you to make payments for availing services on eLearnProfile. When you sign up for these services, you may have the ability to save your card details for future reference and faster future payments. In such cases, we may share your relevant Personal Information as necessary for the third parties to provide such services, including your name, residence, and email address. The processing of payments or authorization is solely in accordance with these third parties’ policies, terms, and conditions, and we are not in any manner responsible or liable to you or any third party for any delay or failure at their end in processing the payments.

eLearnProfile may also share Personal Information if eLearnProfile believes it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of various terms and conditions or our policies.

We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial, or any other statutory or constitutional authority, or to establish or exercise our legal rights or defend against legal claims.

You further agree that such disclosure, sharing, and transfer of your Personal Information and Non-Personal Information shall not cause any wrongful loss to you or to any third party, or any wrongful gain to us or to any third party. 

Links to Third-Party Websites

Links to third-party advertisements, third-party websites, or any third-party electronic communication service may be provided on the Website. These links are operated by third parties and are not controlled by, affiliated with, or associated with eLearnProfile unless expressly specified on the Website.

eLearnProfile is not responsible for any form of transmission, whatsoever, received by you from any third-party website. Accordingly, eLearnProfile does not make any representations concerning the privacy practices or policies of such third parties or the terms of use of such third-party websites. eLearnProfile does not control or guarantee the accuracy, integrity, or quality of the information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials available on such third-party websites.

The inclusion of any third-party website link on the Website does not imply any endorsement by eLearnProfile of the third-party website, the website’s provider, or the information on the website. The information provided by you to such third-party websites shall be governed in accordance with the privacy policies of those third-party websites, and it is recommended that you review the privacy policy of such third-party websites prior to using them. 

Security & Retention

The security of your Personal Information is important to us. eLearnProfile strives to ensure the security of your Personal Information and to protect it against unauthorized access, alteration, disclosure, or destruction. To achieve this, eLearnProfile adopts internal reviews of data collection, storage, and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where your Personal Information is stored. eLearnProfile shall adopt reasonable security practices and procedures as mandated under Applicable Laws for the protection of your information. However, your right to claim damages shall be limited to statutory damages under the Information Technology Act, 2000, and you hereby waive and release eLearnProfile from any claims for damages under contract or tort.

If you choose a payment gateway to complete any transaction on the Website, your credit card data may be stored in compliance with industry standards, including the Payment Card Industry Data Security Standard (PCI-DSS).

eLearnProfile may share your information with third parties under a confidentiality agreement, which includes provisions ensuring that such third parties do not disclose the information further unless required for the purpose. However, eLearnProfile is not responsible for any breach of security or for any actions of third parties that receive your Personal Information. eLearnProfile is not liable for any loss or injury caused by your provision of Personal Information to third parties, including third-party websites linked on the Website.

Notwithstanding anything contained in this Policy or elsewhere, eLearnProfile shall not be held responsible for any loss, damage, or misuse of your Personal Information if such loss, damage, or misuse is attributable to a Force Majeure Event.

A Force Majeure Event shall mean any event beyond the reasonable control of eLearnProfile, including, but not limited to, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorized access to computer systems or networks, computer crashes, breach of security and encryption (beyond reasonable control of eLearnProfile), power or electricity failure, or unavailability of adequate power or electricity.

While we will endeavor to take all reasonable and appropriate steps to secure any Personal Information we hold about you and prevent unauthorized access, you acknowledge that the internet or computer networks are not fully secure, and we cannot provide absolute assurance regarding the security of your Personal Information.

You agree that all Personal Information shall be retained for as long as required for the purpose or under Applicable Laws, whichever is later. Non-Personal Information will be retained indefinitely. 

User Discretion and Opt-Out

You agree and acknowledge that you are providing your Information voluntarily. You have the option not to provide or permit eLearnProfile to collect your Personal Information, or to withdraw your consent regarding such Personal Information by sending an email to the grievance officer or another electronic address of eLearnProfile as notified to you. If you choose to withdraw your consent, you should neither visit any website nor use any services provided by eLearnProfile, nor contact eLearnProfile.

You can add or update your Personal Information on a regular basis. Please note that eLearnProfile will retain your previous Personal Information in its records. 

Grievance Officer

For eLearnProfile, the designated grievance officer under the Information Technology Act, 2000 is:

Mrs. Hemavathy

E-mail: statsense.official@gmail.com

The details of the grievance officer may be changed by us from time to time by updating this Privacy Policy. 

Business / Assets Sale or Transfers

eLearnProfile may sell, transfer, or otherwise share some or all of its assets, including Your Information, in connection with a merger, acquisition, reorganization, or sale of assets or business, or in the event of bankruptcy. Should such a sale or transfer occur, eLearnProfile will reasonably ensure that the Information you have provided and which we have collected is stored and used by the transferee in a manner consistent with this Privacy Policy. Any third party to which eLearnProfile transfers or sells its assets will have the right to continue to use the Information that you provide to us or that we have collected immediately prior to such transfer or sale. 

Further Acknowledgements

You hereby acknowledge and agree that this Privacy Policy:

1. Is clear and easily accessible, and provides statements of eLearnProfile’s policies and practices with respect to the Information;
2. Provides for the various types of personal or sensitive personal data to be collected;
3. Provides for the purposes of collection and usage of the Information;
4. Provides for the disclosure of Information; and
5. Provides for reasonable security practices and procedures.

REFUND POLICY

Cancellation Policy

Thank you for purchasing our products or services from www.eLearnProfile.com, by STATSENSE Consultancy Services OPC Private Limited. We are committed to delivering high-quality educational services. However, we understand that there may be circumstances where you need to cancel your course enrollment. Please review our cancellation policy below:

1. Cancellation Requests

• All cancellation requests must be submitted in writing via email to statsense.official@gmail.com.
• Cancellations are only permitted before the course start date. Once the course has commenced, cancellations are no longer accepted.

2. Non-Refundable Items

• All course fees are non-refundable once paid.
• Course materials, including e-books, downloadable content, and any other digital resources provided as part of the course, are non-refundable once accessed or downloaded.
• Courses purchased under promotional offers or discounts are non-refundable and non-transferable.

3. Course Rescheduling

• If you are unable to attend a course, you may request to reschedule your enrollment to a future batch of the same course. Requests to reschedule must be made before the course start date and are subject to seat availability.
• Rescheduling requests made after the course has started will not be accommodated.

4. Changes to the Policy

• We reserve the right to modify or update this cancellation policy at any time. Any updates will be posted on this page, and it is your responsibility to review the policy periodically.

If you have any questions regarding the cancellation policy, please do not hesitate to contact our support team at statsense.official@gmail.com.

Thank you for your understanding.