upGrad Education Private Limited (referred to as “we”, “us” or “upGrad Campus”), inter alia provides video-based learning management solutions for both online as well as offline learning to colleges, universities and ed-tech companies, particularly virtual classroom services and lecture capture solutions (the “Services”).
C. The user authorizes upGrad Campus to reach them through call, SMS, email, WhatsApp or any other communications in connection with the Services and it will supersede the registry of NDNC & DND as per the regulation of TRAI under the guidelines of TCCCPR. upGrad Campus respects your privacy and should you choose to not receive such communications, upGrad Campus will take all steps to remove you from the list.
D. In order to access certain features of the Application, you will have to create an account using the link provided by upGrad Campus. You should never use another User’s account without permission of such User. When creating your account, you must provide accurate and complete information as may be requested by upGrad Campus. You are solely responsible for the activity that occurs on your account and you must keep your account password confidential and secure. You must notify upGrad Campus of any breach of security or unauthorized use of your account immediately to the extent you become aware of a breach or of unauthorized use. Although upGrad Campus will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of upGrad Campus or others due to such instances of unauthorized use.
E. upGrad Campus reserves the right to discontinue any aspect of the Application at any time.
A. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations that may apply to your use of the Services and the Application. In connection with your use of the Services and the Application, you may not and you agree that you will not:
B. upGrad Campus has the right to investigate and prosecute violations of any of the above to the fullest extent under the law.
C. upGrad Campus may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against upGrad Campus or to comply with legal process (for example, summons or warrants), (ii) enforce or administer our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of upGrad Campus, its users, or members of the public.
D. You acknowledge that upGrad Campus has no obligation to monitor your access to or use of the Services or the Application, but has the right to do so for the purpose of operating and improving the Services and the Application (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
F. The User hereby specifically agrees to comply with the requirements of the Information Technology Act, 2000 as also rules, regulations, guidelines, bye laws and notifications made thereunder, while using the Applications. The User also undertakes that the content provided by him/her is not defamatory, obscene, threatening, abusive or hateful. The User shall alone be responsible for all his acts, deeds and things and that he alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.
If anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behaviour, or (ii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to upGrad Campus (at the address given below); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
Any complaints, abuse or concerns with regards to the User content, use, processing and disclosure of information on the website or breach of these Terms or any applicable law should immediately be informed to the Grievance Officer designated in compliance of the Information Technology Act, 2000 and rules made thereunder and also in compliance of the Consumer Protection (E-Commerce) Rules, 2020:
Grievance Officer: Chand Pasha
Phone: 1800 102 7300 (Timings:10 AM to 7 PM, IST - Monday to Friday, except holidays)
Any notice or communication that may be required to be given to upGrad Campus under these Terms may be sent by writing or emailing to the following addresses:
upGrad Education Private Limited,
Registered office: Nishuvi, Ground Floor, 75, Dr Annie Besant Rd, Worli, Mumbai, Maharashtra 400018
Bangalore office: No.884, 6th and 7th Main, 22nd Cross, Sector-7, HSR Layout, Bengaluru, Karnataka 560102
A. You acknowledge and agree that the Services and the Application, including all associated intellectual property rights, are the exclusive property of upGrad Campus and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application or Services. All trademarks, service marks, logos, trade names, and any other proprietary designations of upGrad Campus used on or in connection with the Services and Application. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Services and Application are used for identification purposes only and may be the property of their respective owners.
B. upGrad Campus is not liable for any infringement of copyright arising out of materials posted on or transmitted through the website, or items advertised on the website, by the Users or any other third parties.
C. If you believe that your product or other work hosted or transmitted on the Applications has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:
For notices of disputes or claims of copyright or other intellectual property infringement, please connect with us at the address provided under clause VIII above.
YOU AGREE THAT YOUR USE OF THE APPLICATION SHALL BE AT YOUR SOLE RISK AS MAY BE SET FORTH HEREIN. TO THE FULLEST EXTENT PERMITTED BY LAW, upGrad Campus, ITS EMPLOYEES, OFFICERS, DIRECTORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE APPLICATION AND YOUR USE THEREOF. upGrad Campus MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE APPLICATION, USER CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE APPLICATION AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR UTILIZED THIRD PARTY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION. upGrad Campus DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR APPLICATION ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE APPLICATION OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND upGrad Campus WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. upGrad Campus DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET USER’S REQUIREMENTS OR EXPECTATIONS OR (II) THE RESULTS OBTAINED FROM USE OF THE APPLICATION WILL BE ACCURATE OR RELIABLE.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND APPLICATION, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF upGrad Campus WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. IN NO EVENT SHALL upGrad Campus, ITS EMPLOYEES, OFFICERS, DIRECTORS, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER CONTENT OR CONTENT OF THE APPLICATION, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR UTILIZED THIRD PARTY SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE APPLICATION, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT upGrad Campus IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
By using the Application, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or any third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from upGrad Campus with respect to such actions or omissions.
A. These Terms will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. You and we agree to submit any dispute arising under these Terms to the jurisdiction of a court located in Bangalore for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
B. Any dispute, claim or controversy arising out of or relating to these Terms including the determination of the scope or applicability of these Terms, or your use of the Application or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by upGrad Campus. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The proceedings shall be conducted in English and the seat of such arbitration shall be Bangalore. The award shall be final and binding on the parties to the dispute.
C. upGrad Campus shall not be liable for any delay in the performance hereunder due to causes beyond its control, including but not limited to an act of God, war or natural disaster or other similar event.
D. Except as they may be supplemented by additional upGrad Campus policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between upGrad Campus and you regarding the Application / Services. Our corporate / non-individual customers may have executed separate written agreements with us regarding provision of Services and payment thereof, which, in the event of a conflict, will supersede these Terms to the extent of conflict.
E. upGrad Campus does not offer any payment options on the Applications and all invoicing and payment related activities are governed by separate agreements executed between upGrad Campus and the respective user or as agreed by the parties mutually.