ERA University Term of use

1. Introduction and Acceptance

These Terms of Use ("Terms") govern access to and use of the websites, patient portal, Learning Management System (LMS), student and staff portals, mobile applications and other digital properties operated by Era University ("the University", "we", "us") (collectively, the "Sites"), and any services made available through them (the "Services").

By accessing or using the Sites, a user ("User", "you") agrees to be bound by these Terms, the University's Privacy & Data Protection Policy, and its Cookie Policy, each of which is incorporated into these Terms by reference. If a User does not agree to these Terms, that User must not access or use the Sites.

Where a User accesses the Sites as a patient, student, employee, or in another specific capacity, additional institutional policies (for example, admission regulations, examination rules, clinical consent forms, or conditions of employment) may also apply and, in the event of a direct conflict on a specific point, shall prevail over these Terms for that specific point.

2. Definitions

• "Content" means text, data, images, video, course materials, software and any other material made available on or through the Sites, whether by the University, a User or a third party.
• "Account" means a registered User profile on a Site, such as a patient portal login, student or staff portal login, or LMS account.
• "Personal Data" has the meaning given in the University's Privacy & Data Protection Policy.
• Other capitalised terms used but not defined in these Terms have the meaning given to them in the Privacy & Data Protection Policy, where applicable.

3. Eligibility and Accounts

To create an Account or otherwise enter into a binding arrangement with the University through the Sites, a User must have attained the age of majority under the Indian Majority Act, 1875 (ordinarily eighteen (18) years) and be of sound mind and otherwise competent to contract under the Indian Contract Act, 1872. Where a User is a minor — for example, a student under eighteen — access to the relevant Site shall be provided through, or with the verifiable consent of, a parent or lawful guardian, who shall be responsible for that minor's use of the Sites and who agrees to be bound by these Terms on the minor's behalf, consistent with Section 9 of the Digital Personal Data Protection Act, 2023 and the children's-data provisions of the Privacy & Data Protection Policy.

4. Description of Services

The Sites provide, among other things:

• General information about the University, its teaching hospital, colleges and programmes.
• A patient portal for administrative and informational purposes connected with hospital services, such as appointment scheduling, viewing selected records, and fee or bill payment.
• A Learning Management System and related digital platforms for enrolled students and faculty.
• Staff and administrative portals for employees, faculty and contractors.
• Online payment facilities for fees, bills and other institutional payments, where enabled.

The University may modify, suspend or discontinue any Service, in whole or in part, at any time, including for maintenance, security or operational reasons, and will use reasonable efforts to give advance notice of any material discontinuation where practicable.

6. Learning Management System and Academic Use

Access to the LMS and related course content is granted to enrolled students, faculty and authorised staff for personal, non-commercial, educational use connected with their enrolment or employment at the University, and does not transfer ownership of any Content.

Course materials, recorded lectures and assessments may not be copied, distributed, publicly posted or otherwise shared outside the University's systems without prior written permission, except as expressly permitted by the University or applicable law.

Use of the LMS is subject to the University's academic integrity, examination and disciplinary regulations, and any act of plagiarism, unauthorised collaboration, impersonation in an online assessment, or other academic misconduct is dealt with under those regulations, independently of these Terms.

Access to the LMS ceases, or is restricted, on graduation, withdrawal, suspension or termination of enrolment or employment, subject to any applicable record-retention or transcript-access rights.

7. Acceptable Use

When using the Sites, a User shall not:

• Access or attempt to access any Account, system or data without authorisation, or circumvent or attempt to circumvent any security or authentication measure.
• Upload, transmit or introduce any virus, malware, or other harmful or disruptive code.
• Use the Sites to harass, threaten, defame, impersonate, or violate the privacy of any other person.
• Upload or transmit any Content that is unlawful, obscene, defamatory, infringing, or otherwise objectionable, or that violates the rights of any third party.
• Use automated means (such as scraping, crawling or bots) to access or extract data from the Sites without prior written authorisation.
• Use the Sites for any purpose that is unlawful or prohibited by these Terms or by applicable law.
• Misrepresent identity, share Account credentials, or allow another person to use the User's Account.

A breach of this Section may result in suspension or termination of access under Section 11, in addition to any other remedy available to the University in law, including referral to law enforcement authorities where warranted.

8. Intellectual Property

The Sites and their Content — including text, graphics, logos, course materials, software and the "Era University" name and marks — are owned by or licensed to the University and are protected under applicable intellectual property laws. Except as expressly permitted under these Terms or with the University's prior written consent, a User may not reproduce, distribute, modify, publicly display, create derivative works from, or otherwise exploit any Content.

Subject to compliance with these Terms, the University grants each User a limited, non-exclusive, non-transferable, revocable licence to access and use the Sites and their Content for the User's own personal, non-commercial, or (for students, faculty and staff) educational or employment-related use, as applicable.

Nothing in these Terms transfers ownership of any intellectual property in University Content to a User. Any feedback, suggestions or ideas a User voluntarily submits about the Sites may be used by the University without obligation or compensation to the User, unless otherwise agreed in writing.

9. Payments

Where the Sites offer online payment of fees, hospital bills or other institutional dues, such payments are processed through a third-party payment gateway. Use of that gateway is additionally subject to the gateway provider's own terms and privacy practices, which the University encourages Users to review.

Users are responsible for the accuracy of billing, payment and account information they submit.

The University is not responsible for a payment failure, delay or error caused by the User's device, network, bank, card issuer or the payment gateway itself, except to the extent caused by the University's own fault.

10. Third-Party Links and Services

The Sites may contain links to, or integrate with, third-party websites or services (for example, a payment gateway, video-hosting service, or an external resource referenced in course material). The University does not control and is not responsible for the content, accuracy, or privacy and security practices of any third-party website or service, and inclusion of a link does not imply endorsement. Users should review the applicable third party's own terms and privacy policy before using it.

11. Suspension and Termination

The University may suspend or terminate a User's access to a Site or Account, in whole or in part, with or without notice, where the University reasonably believes the User has breached these Terms, applicable law, or another applicable institutional policy, or where suspension or termination is necessary to protect the security, integrity or proper functioning of the Sites or the rights of others.

Suspension or termination of access under these Terms is independent of, and does not itself determine, a User's separate status as a patient, student or employee of the University, which is governed by the applicable clinical, academic or employment policies.

12. Privacy

Personal Data collected through the Sites, including through cookies and similar technologies, is handled in accordance with the University's Privacy & Data Protection Policy and Cookie Policy, both of which form part of these Terms by reference. In the event of any conflict between this Section and those policies on a matter of data protection, the Privacy & Data Protection Policy shall prevail.

13. Disclaimers

The Sites and Services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, the University disclaims all warranties, express or implied, regarding the Sites and Services, including any warranty of uninterrupted, timely, secure or error-free operation, and any warranty as to the accuracy, reliability or completeness of Content, other than clinical and academic services which are provided with the degree of skill and care ordinarily expected of the relevant profession.

Nothing in this Section excludes or limits any liability, or any right of a User, that cannot lawfully be excluded or limited under applicable law, including under the Consumer Protection Act, 2019, or any liability for death or personal injury, gross negligence, wilful misconduct or fraud.

14. Limitation of Liability

To the fullest extent permitted by applicable law, and subject always to Section 13, the University shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of data, revenue or goodwill, arising out of or relating to use of the Sites or Services, even if advised of the possibility of such damages.

Nothing in these Terms limits the University's liability for death or personal injury caused by its negligence, for gross negligence or wilful misconduct, for fraud, or for any liability that applicable law, including the Consumer Protection Act, 2019, does not permit to be excluded or limited.

15. Indemnification

A User agrees to indemnify and hold the University, its trustees, officers, employees and agents harmless from any claim, loss, liability or expense (including reasonable legal fees) arising out of that User's breach of these Terms, misuse of the Sites or Services, or violation of any law or third-party right, except to the extent caused by the University's own breach, negligence or wilful misconduct.

16. Force Majeure

The University shall not be liable for any failure or delay in performance under these Terms caused by circumstances beyond its reasonable control, including natural disaster, pandemic or public health emergency, act of government, power or internet outage, or failure of a third-party service provider.

17. Governing Law and Dispute Resolution

These Terms are governed by the laws of India. [Subject to confirmation by the University's legal counsel: either — (a) the courts at Lucknow, Uttar Pradesh shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms; or (b) any such dispute shall first be referred to good-faith negotiation and, failing resolution, to arbitration under the Arbitration and Conciliation Act, 1996, seated at Lucknow, before a sole arbitrator, in English, with the courts at Lucknow retaining supervisory jurisdiction.

Nothing in this Section prevents a User from approaching a consumer forum or other statutory authority where applicable law grants that right and does not permit it to be waived.

18. Changes to These Terms

The University may revise these Terms from time to time to reflect changes in the Sites, Services, or applicable law. Material changes will be notified through the Sites before they take effect.

19. Severability and Entire Agreement

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable.

These Terms, together with the Privacy & Data Protection Policy, the Cookie Policy, and any specific institutional policy applicable to a User's particular capacity (patient, student, employee, or other), constitute the entire agreement between the User and the University regarding use of the Sites, and supersede any prior understanding on that subject.

21. Policy Governance

These Terms of Use is approved by the Executive Council of Era University, Lucknow, alongside the Privacy & Data Protection Policy and the Cookie Policy, and reviewed at the same cadence - at least annually and whenever there is a material change in applicable law or in the Sites or Services.