v1 _ Last Updated on 2 November 2023.
These Terms of Use outline the terms and conditions governing the use of the SelfUpGrad website (referred to as the "Website") and any associated content, public forums, or services accessible through the Website and/or any mobile application(s) (referred to as the "Application") collectively referred to as the "Platform."
These Terms of Use are applicable to end users of the Website, referred to as "Learners," "You," or "Your." This Agreement, which includes the Privacy Policy and any other terms and conditions posted on the Platform or communicated to you periodically, collectively establish the relationship and responsibilities between You and the Creator (as defined below) in your use of the Platform. Your access to the Platform is contingent upon your acceptance of this Agreement, so please take the time to review it carefully.
When we refer to "Creator," "we," "us," or "our," we are collectively referring to SelfUpGrad, the creator of this Platform, and the content, materials, and services it encompasses.
By accessing this Platform, you agree to be bound by the terms of this Agreement, as well as all applicable laws and regulations. We periodically update the aforementioned policies and terms on the Platform for your reference, providing insight into how we handle your personal information. By using or visiting the Platform and the services offered to you on, from, or through the Platform, you expressly agree to the terms of this Agreement and any other terms that may be updated periodically.
- Access And Registration
If you disagree with any part of this Agreement or do not wish to be bound by it, please refrain from using the Platform in any manner.
- Eligibility
If you are an individual, you must be at least 18 years of age to use the Platform. If you are between the ages of 13 and 18, you must obtain permission from your parent or legal guardian to use the Platform. By using the Platform, you represent and warrant that you have obtained the necessary consents or permissions to use it. If you are under the age of 13 or 16 (depending on your country of residence), you are not allowed to use the Platform or register for any of the content or services it offers.
- Registration and Payment
To access any content, as defined below, on the Platform, you must register by providing your name and email address. Please refer to our Privacy Policy to understand how we handle your information. In some cases, you may also be required to make a payment to access certain content. For more details, please review our 'Payments & Refunds' section below. You affirm that the information provided during your registration is accurate and complete, that you meet the eligibility requirements for using the Platform and the content offered, and you agree to keep us informed of any changes to this information by contacting us using the information provided in the 'Contact Us' section below.
For the purposes of this Agreement, "Content" includes any course or session (whether pre-recorded or live) published by the Creator on the Platform, along with any reference materials and text files, if offered as part of the Content.
- Public Forum
When you register for any Content on the Platform, you may gain access to discussion forums that allow you to exchange thoughts and knowledge related to the Content or its subject matter with us and other registrants ("Public Forum"). Participation in the Public Forum is entirely optional, and enrolling in Content does not obligate you to participate in it. We reserve the right to deny access to the Platform or remove content posted by you in the Public Forums without prior notice if, in our opinion, you have violated any provision of this Agreement.
- Supported/Compatible Devices
To access the Platform and view its content, you must use a "Supported/Compatible Device," which refers to a personal computer, mobile phone, portable media player, or another electronic device that meets the system and compatibility requirements and for which you have authorization to operate the Platform. The list of Supported/Compatible Devices may change over time, and in some cases, a device's status as a Supported/Compatible Device may depend on software or systems provided by the device manufacturer or other third parties. Therefore, ensure that the device you use is compatible with the systems and software on the Platform to access the offered content and materials.
- Licence To Use
You are granted a limited, non-exclusive licence to access and view the Content on the Platform for your own personal, non-commercial use only. Additionally, if permitted on the Platform, you may temporarily download one copy of any downloadable Content, including Creator Content (defined below), for personal and non-commercial transitory viewing only.
This licence does not entitle you to assign or sublicense the granted licence to anyone else. Furthermore, you may not:
- Modify, edit, or copy the Content, Creator Content, or any material available on the Platform.
- Create derivative works from or exploit any material available on the Platform, including the Content and Creator Content, or any portion thereof, in a manner not permitted under this licence.
- Publicly display the Content, Creator Content, or any material from the Platform for any commercial purpose, whether commercially or non-commercially.
- Attempt to decompile or reverse engineer any software within the Platform.
- Remove any copyright or other proprietary notations from the Content, Creator Content, or any material on the Platform.
- Transfer any material from the Platform to another person or mirror it on any other server.
For the purposes of this Agreement, "Creator Content" includes audio files, video files, audio-visual files, images, text materials (including .doc, .docx, and .pdf files), other than the Content, uploaded or published on the Platform by the Creator for your access. This includes content posted by the Creator in any Public Forum (defined below).
This licence will automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon termination of this licence or your viewing of any material on the Platform, including Content and Creator Content, you must delete any downloaded materials in your possession, whether in electronic or printed format.
- Communications
The Platform provides Public Forums intended to facilitate communication between you and other registrants of the Content you have enrolled in. As mentioned earlier, the use of these Public Forums is entirely optional, and by registering for Content, you are under no obligation to participate in the Public Forum. However, should you choose to participate, you agree to adhere to the terms outlined in the 'Code of Conduct' section below and any additional terms published on our Platform. If we become aware that your conduct violates the terms of this Agreement, we may terminate or suspend your access to any Public Forums at our discretion, without prior notice, for any reason.
You affirm and warrant that you own and control all rights to any content, including but not limited to chats, postings, or materials, that you upload or post on the Public Forums or anywhere on the Platform ("Learner Content"), or that you have the necessary licences to use and reproduce such Learner Content. We do not assume responsibility for the information you choose to share on the Public Forums or for the actions of other users therein. Additionally, you understand and agree that you are solely responsible for the Learner Content, including its legality, reliability, accuracy, appropriateness, and the consequences of its publication.
Furthermore, if you post content or submit any Learner Content on the Platform, and unless you specify otherwise in writing (including emails) to us, you grant us a non-exclusive, royalty-free, irrevocable, perpetual, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Learner Content worldwide in any media.
- Code Of Conduct
By using this Platform, you agree to the following guidelines:
- Legitimate Usage of the Platform: You commit to using the Platform solely for lawful purposes and refrain from engaging in any activities that violate applicable central, state, local, federal, or international laws or regulations. This includes, but is not limited to, laws governing the export of data or software to and from the USA or other countries. You further agree not to use the Platform in any way that disrupts, damages, or impairs its functionality, or promotes illegal activities such as hacking, cracking, distributing counterfeit software, compromising accounts, or creating cheats or hacks for the Platform. Any form of fraudulent activity is strictly prohibited.
- No Harmful or Dangerous Content: Content that incites or promotes violence, physical or emotional harm, or poses a threat to any individual's safety is expressly prohibited on the Platform. The Platform is intended for permitted uses as specified in this Agreement.
- No Hateful or Defamatory Content: While open exchange of ideas and opinions is encouraged for learning, the Platform does not condone hate speech, libellous, slanderous, threatening, violent, predatory, defamatory statements, or any content that incites hatred against specific individuals or groups based on factors such as but not limited to race, ethnic origin, country, caste, religion, disability, gender, age, sexual orientation, or gender identity.
- Violent and Graphic Content: Content that primarily serves to sensationalise, shock, or disturb individuals is not allowed. The Platform does not permit content that promotes terrorist acts or incites violence in any manner.
- Harassment and Bullying:The Platform is committed to maintaining a safe learning space, free from harassment and bullying. Harassment includes, but is not limited to, abusive videos, comments, messages, revealing someone's personal information, uploading content to humiliate someone, sexual harassment, or sexual bullying in any form.
- Spam: Posting untargeted, unwanted, and repetitive content, comments, or messages with the intent to spam a Public Forum or the Platform, and driving traffic to third-party sites, is in direct violation of this Agreement. Posting links to external websites containing malware or other prohibited content is prohibited.
- Scams: Any content uploaded or posted with the intention of deceiving others for personal financial gain is not allowed. The Platform does not tolerate extortion, blackmail, or similar practices.
- Privacy Violation: Please refer to our Privacy Policy to learn how to protect your privacy and respect the privacy of other users.
- Impersonation: Impersonating another person, whether a learner or an entity, is not permitted. Impersonation includes using names, images, documents, certificates, or any other means to cause confusion regarding the real identity of a person, company, institute, or group.
- Unauthorised Access or Disabling of Platform: You agree not to (a) use the Platform in a manner that could disable, overburden, damage, or impair the Platform or interfere with other users' access; (b) monitor or copy Platform material for unauthorised purposes using manual processes; (c) use devices, software, or routines that disrupt Platform operations; (d) launch a denial-of-service attack against the Platform; (e) attempt unauthorised access, interference, or disruption of any part of the Platform or its associated servers, computers, or databases; and (f) introduce malicious materials like viruses, trojan horses, worms, keystroke loggers, malware, or other harmful content to the Platform.
We reserve the right to refuse access to the Platform, terminate accounts, or remove violating content without notice if any violation of these conduct rules comes to our attention.
- Intellectual Property
We retain ownership of all information and materials, including Content and Creator Content (in any form or media), provided or communicated to you by us or on our behalf. This includes, but is not limited to, the Platform, trademarks, trade dress, logos, wordmarks, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software owned by us or licensed to us, instructions embedded in digital documents, and other data, information, or material made available to you by us ("Creator's Intellectual Property").
Creator's Intellectual Property, along with the associated copyrights and trademarks, must not be modified by you in any way. You acknowledge and agree that your use of the Platform or any part thereof does not confer upon you any ownership rights to Creator's Intellectual Property. You also recognize that Creator's Intellectual Property is safeguarded by applicable intellectual property laws, encompassing international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Unauthorised use, reproduction, modification, distribution, transmission, republication, display, or performance of Creator's Intellectual Property or any of its components is strictly prohibited.
- Feedback
If you submit suggestions, ideas, comments, or questions containing product feedback regarding any Content, the Platform, or any part thereof, whether through the Public Forum or any other means ("Feedback"), you grant us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form. Please be aware that you will not retain any intellectual property rights in any Content, Platform, or any part thereof as a result of our incorporation of Feedback into any Content or the Platform.
- Payments And Refunds
To register or enrol for any Content, you may be required to pay an applicable fee ("Content Fee"). Please refer to our Platform to find the pricing details. Payments of the Content Fee will be processed through third-party payment processors. Your payments may also be subject to applicable taxes, so we recommend reviewing the terms and policies of these third-party payment processors for a better understanding. Once you have purchased access to Content on the Platform, it cannot be cancelled, and there will be no refund of the Content Fee unless otherwise specified in our Refund Policy.
- Third-Party Payment Providers
As mentioned previously, we utilise third-party service providers to facilitate payments for purchases made on the Platform. It is important to clarify that we do not capture or store any of your sensitive personal information. When making payments through these third-party payment gateways or service providers, please take the time to carefully review their terms and conditions.
- Disclaimer
The Platform is provided to you "as is" and "as available," with all faults and defects, without any warranty of any kind. To the maximum extent permitted by applicable law, the Creator, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, or otherwise, with respect to the Platform. This includes all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The disclaimer also encompasses warranties that may arise out of the course of dealing, course of performance, usage, or trade practice.
Without limiting the above, the Creator does not provide any warranty or undertaking and makes no representation of any kind that the Platform or the services or products offered therein will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems, or services, operate without interruption, meet any performance or reliability standards, or be error-free. Furthermore, the Creator does not warrant that any errors or defects can or will be corrected.
The Creator also makes no representation or warranty of any kind, whether express or implied, including but not limited to the following:
- The operation or availability of the Platform, or the information, content, and materials or products included therein.
- That the Platform will be uninterrupted or error-free.
- The accuracy, reliability, or currency of any information or content provided through the Platform.
- That the Platform, its servers, the content, or emails sent from or on behalf of the Creator are free of viruses, scripts, Trojan horses, worms, malware, time bombs, or other harmful components.
Please note that in some jurisdictions, the exclusion of certain types of warranties or limitations on applicable statutory rights of consumers may not be allowed. In such cases, the exclusions and limitations mentioned in this section will be applied to the greatest extent enforceable under applicable law.
- Limitation Of Liability
In no event shall the Creator be liable for any damages, including, without limitation, damages for loss of data, profits, or due to business interruption, arising from the use or inability to use the Content or any other materials on the Platform, even if the Creator or any authorised personnel of the Creator has been notified, orally or in writing, of the possibility of such damages. It's important to note that in some jurisdictions, limitations on implied warranties or liability for consequential or incidental damages may not be permitted. Therefore, some or all of these limitations may not apply to you.
- Indemnity And Release
You agree to indemnify and hold the Creator, and where applicable, its officers, directors, agents, and employees, harmless from any claim, demand, or actions, including reasonable attorney's fees, made by any third party or penalties imposed due to or arising from your breach of this Agreement or any document incorporated by reference, or your violation of any laws, rules, regulations, or the rights of a third party.
- Links To Third-Party Websites
The Creator has not reviewed all the sites linked to its Platform and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Creator of such a site. Your use of any linked website is at your own risk.
- Governing Law And Jurisdiction
Any claim related to the Platform shall be governed by the laws of the Creator's home jurisdiction (as provided on the Platform) without regard to its conflict of law provisions. Both you and we agree to submit to the exclusive jurisdiction of the courts in the Creator's home jurisdiction.
- Miscellaneous
- Alteration of Platform or Amendments to the Conditions
We reserve the right to make changes to our Platform, policies, and this Agreement at any time. New terms will be posted with a revision date indicated at the top, where practicable. We recommend checking our Platform frequently to stay informed of recent changes. You will be subject to the Agreement and policies in effect at the time of your use of the Platform, unless a change to those policies or conditions is required by law or government authority (in which case it will apply to orders placed before the change). If any condition is deemed invalid, void, or unenforceable for any reason, it will be considered severable and will not affect the validity and enforceability of the remaining conditions.
- Waiver
If you breach these conditions and we do not take immediate action, we still retain the right to use our rights and remedies in any other situation where you breach these conditions.
- Assignment
You may not assign or transfer this Agreement, whether by operation of law or otherwise. Any attempt to assign or transfer this Agreement by you will be null and void.
- Severability
If any provision of this Agreement is deemed unenforceable or invalid by any court of competent jurisdiction, that provision will be limited to the minimum extent necessary so that the rest of this Agreement remains in effect.
- Events Beyond Our Reasonable Control
We will not be held responsible for any delay or failure to fulfil our obligations under these conditions if such delay or failure arises from causes beyond our reasonable control. This condition does not affect your statutory rights.
- Contact Us
If you have concerns or queries regarding this Agreement, you may contact us by email at info@selfupgrad.com.