Terms of use

By using or accessing the Services through, (i) the website, www.impartus.com or any other platform through which upGrad Campus makes the Services available; or (ii) any upGrad Campus products, software, applications for mobile, tablet and other smart devices and application program interfaces, their associated upgrades and updates and related services provided to you on, from, or through upGrad Campus including the hosted service (collectively, the “Application”), you signify your assent to (i) these terms and conditions (“Terms of Use”); and (ii) the upGrad Campus’s privacy policy which can be found on https://impartus.com/privacy/. If you do not agree to these Terms of Use, upGrad Campus shall not grant any rights to use the Application. In such event, you shall not use the Application, and promptly cease use of the Application.

These Terms of Use apply to all users who access or use the Application, including without limitation, users who are either contributors of information, video content, audio-visual combinations, and other materials on the Application or participants (“user”, “you” or “your”). The Application may contain links to third party websites that are not controlled or owned by IIPL and IIPL does not have control over and does not assume any responsibility for, privacy policies, practices or content of any such third-party websites. In addition, IIPL will not and cannot edit or censor the content of any such third-party site. By using the Application, you expressly release IIPL from any and all liability arising from your use of any third-party website.

A. upGrad Campus hereby grants you a nonexclusive, limited, non-transferable, non-assignable and non-sublicensable license to access and use the Application as set forth in these Terms of Use, provided that you (i) comply with these Terms of Use and (ii) use the Application for only legal purposes and as permitted herein.

B. We believe that every user of our Services or Application must be in a position to provide informed consent prior to providing any Information required for the use of the Services or Application. By using the Services / Application, you are expressly consenting to our collection, processing, storing, disclosing, and handling of your information set forth in our Privacy Policy now and as amended by us. Processing your information in any way, including, but not limited to, collecting, storing, deleting, using, combining, sharing, transferring, and disclosing information, all of which activities will take place in India in accordance with the applicable data protection laws of India.

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:

• distribute in any medium or copy any part of the Application in any manner without the express written consent of upGrad Campus
• reverse engineer, disassemble, decompile, modify, translate or otherwise alter any part of the Application including the underlying Application or otherwise attempt to derive the source code of the Application including the underlying Application
• prepare any derivative works based on the Application
• knowingly or negligently use the Application in a way that abuses, interferes with, or disrupts upGrad Campus’s networks, accounts, or the Application
• do not engage in activity that is illegal, fraudulent, false, or misleading
• do not transmit through the Application any material that may infringe the intellectual property or other rights of third parties.
• build or benchmark a competitive product, service, or copy any features, functions or graphics of the Application
• use the Application in a manner that violates applicable law, including but not limited to anti-spam, export control, privacy, and anti-terrorism laws.
• access User Content hosted on the Application through any technology or means other than through the Application itself.
• use the Application for any uses other than expressly authorized in writing by upGrad Campus.
• use manual or automated Application, devices, scripts, robots, backdoors or other means or processes to access, "scrape", "crawl" or "spider" any web pages or other Services contained in the Application.
• collect or harvest any personally identifiable information, including account names, from the Application, nor to use the communication systems provided by the Application (e.g., comments, email) for any commercial solicitation purposes.
• solicit, for commercial purposes, any Users of the Application with respect to their User Content.
• use any load or performance testing tools on the production environment without the prior written consent of upGrad Campus.
• access or use the Application in a way that: (i) is inconsistent with upGrad Campus’s Privacy Policy or Terms of Use; (ii) otherwise violates the privacy rights or any other rights of Users or any other third party; (iii) defames, harasses, intimidates or bullies or solicits or spams our Users.
• use logos, designs, videos, photographs, branding, marks, trademarks or any other materials used in the Application.
• archive, upload, copy, syndicate, download, display, broadcast, perform, distribute, make available, perform or otherwise use any portion of the Application or the content on the Application except as set forth in these Terms of Use
• use the Application or any tools provided by the Application for any commercial purposes (except as permitted hereunder) without the consent of upGrad Campus or in a manner in a manner that falsely implies upGrad Campus’s endorsement, partnership or otherwise misleads others as to your affiliation with upGrad Campus.
• dilute, tarnish or otherwise harm upGrad Campus in any way, including through unauthorized use of the Application, registering and/or using upGrad Campus / Impartus or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to upGrad Campus domains, trademarks, taglines or promotional campaigns.
• interfere with or damage our Application, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology.
• use our Services or Application to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers.
• attempt to probe, scan, or test the vulnerability of any upGrad Campus system or network or breach any security or authentication measures.
• advocate, encourage, or assist any third party in doing any of the foregoing.

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.

E. upGrad Campus reserves the right in its sole discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User content from the Application and/or terminating the offending User's ability to access the Application and/or use Services therein. upGrad Campus may take any other action with respect to User content or User actions that it deems necessary or appropriate in its sole discretion if it believes it may create liability for upGrad Campus or may cause upGrad Campus to lose (in whole or in part) the Services of its ISPs or other suppliers.

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.

The Application allows for hosting, sharing, importing, transmitting, displaying, recording, editing, archiving and / or publishing of videos and other forms of media, audio, presentations materials and other content, by the users using our Services (“User Content”). For clarity, upGrad Campus does not retain ownership rights in User Content and shall not be responsible for your User Content and the consequences of your hosting, publishing, posting or otherwise disclosing it. In connection with User Content, you hereby agree, represent or warrant that: (i) you own or have the necessary licenses, rights, consents and right, copyrights, permissions, patents, trademarks, trade secrets or other proprietary rights to use and authorize upGrad Campus, and other Users of the Application to include and use your User Content in the manner contemplated by the Application and these Terms of Use and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Content to use the name, likeness and information of each and every such identifiable individual person to enable inclusion and use of the User Content contemplated by the Application and these Terms of Use. You further agree that the User Content will not contain material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you have the permission from the rightful owner(s) of the material to post the material. In addition, you agree that you will not (i) publish misrepresentations or falsities that could damage upGrad Campus or any third party; (ii) host material that is obscene, unlawful, defamatory, libelous, harassing, threatening, hateful, pornographic, ethnically or racially offensive, or that encourages conduct that would be considered a criminal offense, violate any law, give rise to civil liability, or is otherwise inappropriate; (iii) post advertisements or solicitations of business not otherwise permitted hereunder; or (iv) impersonate another person. upGrad Campus does not endorse any User Content or opinion, recommendation, belief, or advice expressed therein, and upGrad Campus expressly disclaims any and all liability in connection with User Content. upGrad Campus also reserves the right to decide whether User Content is appropriate and complies with these Terms of Use. upGrad Campus may remove, delete and edit such User Content and/or terminate a User’s access for uploading / hosting such material in violation of the Terms of Use at any time, without prior notice and at its sole discretion. Each User hereby grants to upGrad Campus a non-exclusive, royalty-free license to use, copy, modify, display and distribute User Content for the sole purpose of operating the Application. upGrad Campus may take any other action that it deems necessary relating to use or misuse of the Application. You understand and agree, however, that upGrad Campus may retain, but not display or distribute copies of your videos that have been removed or deleted to the extent permitted by applicable law, in any manner other than agreed by the parties in the agreement.

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)
Email: support@impartus.com

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

CIN: U80902MH2012PTC258559

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:

• an electronic or physical signature of the person authorised to act on behalf of the owner of the product, copyright or other intellectual property interest;
• a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
• a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Applications;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
• a statement by you, made under the penalty of perjury, that the aforementioned information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorised to act on such owner's behalf.

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.

The Application may contain links to third-party websites or resources. You acknowledge and agree that upGrad Campus is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by upGrad Campus of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products or services on or available from such websites or resources.

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.

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless upGrad Campus and its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Application; (ii) your violation of any term of these Terms of Use; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. This indemnification obligation will survive these Terms of Use and your use of the Application.

You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

The Terms of Use, and any rights and licenses granted hereunder, shall not be transferred or assigned by you, but may be assigned by upGrad Campus without restriction.

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.

A. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

B. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and upGrad Campus’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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.

F. upGrad Campus reserves the right to amend these Terms of Use at any time and without notice and it is your responsibility to review these Terms of Use for any changes. Your use of the Application following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.