TERMS OF USE  

INTRODUCTION 

These Terms of Use govern your use of the services provided by upGrad Enterprise, a B2B offering by upGrad Education Private Limited (“upGrad”) with its registered business office address at 3rd Floor, CTS-796-A, Fleet Building, Vlg. MA, Opp. Marol Fire Station, Sir M.V. Road, Marol, Andheri (East), Mumbai – 400059, including but not limited to licensing Learning Management System (LMS) Solutions, sales personnel training, and recruitment services (“Services”). Please read these Terms carefully before accessing or using the Services. By accessing or using the Services, you agree to be bound by these Terms. The website https://ipj.upgrad.com and mobile apps (collectively referred to as the “Platform”) and the information, services and other materials contained therein are provided and operated by upGrad.

Please review our Terms of Use, Privacy Policy and other policies available on the Platform (collectively referred to as the “Terms”) that govern the use of the Platform and Services. By accepting these Terms in any manner or accessing the website, you consent, agree, and undertake to abide, be bound by and adhere to the Terms and if you do not agree to these Terms, you are not entitled to avail of/use the Programs and any use thereafter shall be unauthorised. These Terms shall apply to upGrad hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by upGrad, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. upGrad shall not be responsible for any disruption of services caused by such third-party service providers. Although you may “bookmark” a particular portion of the Platform and thereby bypass these Terms, your use of the Platform still binds you to these Terms. We may change these Terms from time to time without prior notice. You should review this page regularly. Your continued use of the Platform and Programs after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Platform or Programs if you are not happy with any changes to these Terms.

upGrad makes no representations that the Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform, or information, services or products offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform, or any content or functionality of the Platform or its portions thereof is illegal, is expressly prohibited. If you choose to access the Platform, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

  • Acceptance of Terms 

By accessing or using the Services, you consent, agree, and undertake to abide by and adhere to these Terms. If you do not agree to these Terms, you are not entitled to use the Services.

  • Amendments to Term

upGrad Enterprise reserves the right to amend or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our website. Your continued use of the Services after changes have been made will indicate your acceptance of those changes.

  • Scope of Services 

The Services provided by upGrad Enterprise are solely for lawful purposes and in compliance with all applicable laws and regulations. Users are prohibited from engaging in any activity that may violate the rights of others, cause harm or disruption to our services or systems, breach security measures, or attempt unauthorized access.

The Services offered by upGrad and the Content (as defined hereinafter) available on its Website is the property of upGrad or its licensors. upGrad hereby grants you a non-transferable, non-exclusive, revocable and limited license to access and use upGrad’s Website solely for the purpose of availing Services during the applicable subscription period.

upGrad may, from time to time, update or modify the Website, release new versions of the content on the Website, which may, at upGrad’s discretion, be included within the license described above. You shall not be permitted to sublicense or transfer or assign any of your rights and/or obligations hereunder including, without limitation, access to the Website. Subject to these Terms of Use, upGrad may offer to provide the Services, solely for your personal and non-commercial use, and not for the use or benefit of any third party. The definition of “non-commercial and personal use” includes but is not limited to:

  1. the sale or rental of (a) any part of the Content, (b) any derivative works based at least in part on the Content, or (c) any collective work that includes any part of the Content;
  2. the sale of access or a link to any part of the Content;
  3. providing training, support, or editorial services that use or reference the Content in exchange for a fee; or the use of Content for display / upload / making available at a place that is accessible to the general public in any manner, including but not limited to any social media sites, video download sites, and torrents.

      

  •  Use of the Website   

You agree that your use of the Website shall be in accordance with applicable laws. As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your actions while using the Website for provision of Services chosen by you. upGrad however reserves the right to:

  1. remove, suspend, edit, modify or discontinue any Content in its sole discretion, including without limitation any User Content (as defined hereinafter) at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if upGrad is concerned that you may have violated these Terms of Use), or for no reason at all; and  
  2. to remove, suspend or block any User Content from the Website without prior intimation to you. You agree that upGrad shall not be liable to you or to any third party for any such modification, suspension, or discontinuance. upGrad also reserves the right to access, read, preserve, and disclose any information as upGrad reasonably believes is necessary to:
    • comply with any applicable law, regulation, legal process or governmental request;
    • enforce these Terms of Use, including investigation of potential violations hereof;
    • detect, prevent, or otherwise address fraud, security or technical issues;
    • respond to User support requests; or
    • protect the rights, property or safety of upGrad, its Users and the public. Provided that nothing in these Terms of Use shall be construed to obligate upGrad to maintain and support the Content or any part or portion thereof or any associated Services.

 

The User shall not use this Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Website to become Users of other on or offline services directly or indirectly competitive or potentially competitive with upGrad.  

Unlawful Or Prohibited Use – As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by or under any law, rules, orders, regulation, notification or circular issued by any local or governmental body in India, or these terms, conditions, and notices.  

You may not use the Services in any manner that could damage, disable, overburden, impair or violate the security of the Website, or interfere with any other party’s use and enjoyment of the Services. Violation of the system or network security may result in civil or criminal liability. Pursuant to the same, the User is prohibited from carrying out the following activities:  

 

  • obtaining or attempting to obtain any materials or information through any means not made available through the Services;
  • accessing or attempting to access data, Services, Content, computer systems or networks connected to any upGrad server, not intended for such User or logging onto a server or an account that the User is not authorised to access through any means including hacking, password mining, etc.;
  • attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
  • attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”
  • sending unsolicited emails, SMSs, WhatsApp calls and messages, including promotions and/or advertising of products or services;
  • forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

upGrad does not intend to offer the Services to persons or entities outside India where such Services would be in contravention with applicable laws and regulations. Accessing the Website and availing the Services from territories where the Content, the Services or functionality of the Website or any portions thereof is illegal, is expressly prohibited.

User also authorizes upGrad’s representative to contact such a user over phone, message and email. This consent shall supersede any preferences set by such User through national customer preference register (NCPR) or any other similar preferences.

  • Account Registration

You may browse the Website and view certain content without registering, but as a condition to accessing the Website, you are required to register with upGrad by creating an account on the Website (“Account”). You represent, warrant and covenant that you provide upGrad with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and a password /OTP that you will use to access the Website.

All Users shall be solely responsible and liable for all activity that occurs on your Account and for protecting the confidentiality of User’s password(s) and User Name. You agree to notify upGrad immediately in writing of any unauthorized use of your Account or any other related breach of security of which you are aware.

You shall not:

  • create any Account for anyone other than yourself without such person’s prior written permission;
  • use a User Name that is the name of another person with the intent to impersonate that person or use a User Name or Account that is subject to any rights of a person other than you without appropriate written authorization;
  • create, use and/or access multiple Accounts
  • divulge or share access to your User Account with any third party for any reason; or
  • use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.

upGrad reserves the right to refuse registration of, disable or cancel a User Name in its sole discretion. You shall be responsible for restricting access to your mobile phone/computer to prevent unauthorized access to your Account. Any conduct by a User that in upGrad’s exclusive discretion is in breach of the Terms of Use or which restricts or inhibits any other User from using or enjoying the Services is strictly prohibited.

  • Membership/Subscription and Use of Services

In order to access/avail any of the Content available / Services offered on upGrad’s Website, Users are required to subscribe to the Website/ purchase the Subscription by paying applicable Fees (“Subscription Fees”). The subscribed content will be available generally through the duration of the Subscription but may become unavailable due to potential licensing restrictions or for any other reasons. In all such scenarios, upGrad will not be liable to you in any manner whatsoever.

The Services will be available only during the subsistence of the subscription period. Post the end of such ongoing subscription period, in case you do not cancel the subscription, it shall be renewed automatically using the payment method provided by you.

It is the responsibility of the User to evaluate the suitability and relevance of the Content available before purchasing the Subscription. The subscription is non-transferable.

upGrad may at its sole discretion introduce new services and modify some or all of the existing Services offered, cancel, suspend or discontinue any subscription plan, or alter, rearrange the Services and the content therein. In such an event upGrad reserves the right to introduce fees for the new Services offered or amend the Subscription Fees for existing Services, as the case may be. In case you do not agree to the price change, you may unsubscribe to the paid subscription prior to the change in price taking into effect.

  • Payment, Cancellation and Refund
  • Payment

The User may pay the Subscription Fees which is inclusive of GST, or any other such fee, by using valid and accepted payment gateway services available on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. Once paid, no refund is applicable.

To make payment of Subscription Fees, and any other fees as upGrad may introduce, you must have internet access, an Account on the Website and a current valid accepted payment method as shall be specified by upGrad. upGrad does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateway services for the payment. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case upGrad’s third-party payment provider stores any such information, upGrad will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and upGrad is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever.

You agree that depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. upGrad does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.

Upon payment of the Subscription Fees in whole, upGrad shall grant you access to the Content for the Subscription period. An invoice towards the successful payment may be downloaded by visiting the PREMIUM page of your Website. This shall be proof of delivery against the successful payment of Subscription Fees.

  • Cancellation & Renewal

The subscription can be cancelled up till the date of renewal either by the user in the following manner:
For IOS Users: Subscription can be cancelled through the App Store.
For Android Users: Paytm app or reaching out to .
Once cancelled, the cancellation will take effect for the next billing cycle. If not cancelled, subscription will be automatically renewed at the end of the ongoing subscription period.

  • Content

All content present on this Website (“Content”) is the exclusive property of upGrad and/or licensed to upGrad. The software, text, images, graphics, video and audio used on this Website belong to upGrad. No material from this Website may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from upGrad, except the non-exclusive, non-transferable, limited permission granted by upGrad to you to access and display the web pages within this Website, solely on your computer and for your personal, non-commercial use of this Website. This permission is conditioned on:

  1. your not modifying the content displayed on the Website,
  2. your keeping intact all copyright, trademark and other proprietary notices,
  3. your acceptance of any terms, conditions and notices accompanying the content or otherwise set forth in this Website, your agreeing to acknowledge upGrad as the source, citing the uniform resource locator (“URL”) of the page from which the information has been taken.

You acknowledge that all Content accessed by you using the Website is at your own risk and you will be solely responsible and liable for any damage or loss to you or any other party resulting therefrom. For purposes of these Terms of Use, the term “Content” includes, without limitation, any, recommendations, reviews, videos, audio clips, comments, courses, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by upGrad on or through the Website. Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Website by Users, is collectively referred to as “User Content”.

  • Intellectual Property

All content, materials, and intellectual property provided as part of the Services, including but not limited to text, graphics, logos, images, and software, are owned or licensed by upGrad and are protected by copyright, trademark, and other intellectual property laws. Users may not reproduce, distribute, modify, or create derivative works based on our content without prior written consent.

  • Limitation of Liability

Neither upGrad nor any of its partners, affiliates, employees, directors, officers, agents, vendors or supplier shall be liable to you or any other person, whether in Tort, Contract, Strict Liability or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform or Services, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of search results, or computer / electronic device failure, virus or malfunction. In no event will upGrad be liable for any damages in excess of ₹1000.

  • Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Mumbai, India.

  • Amendments and Updates

We reserve the right to amend or update these Terms at any time without prior notice. Any changes will be effective immediately upon posting on our website.

  • Entire Agreement

These Terms constitute the entire agreement between users, upGrad and upGrad Enterprise regarding the use of our Services and the Platform and supersede any prior agreements or understandings, whether written or oral.

  • Third-Party Service Providers

By using the Services, you acknowledge that certain parts of the Services are provided by third-party service providers, and you agree to abide by their terms and conditions. upGrad shall not be responsible for any disruption of services caused by such third-party service providers.

  • Access from Different Geographic Areas

upGrad makes no representations that the Services operate (or are legally permitted to operate) in all geographic areas. Accessing the Services from territories where the Services are illegal is expressly prohibited.

  • User Responsibilities for Equipment and Services

Users are exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to access or use the Services. This includes hardware devices, software, and internet or mobile communication services. Users are responsible for ensuring compatibility and for all charges incurred.

  • Content Ownership and Use

All content, materials, and intellectual property provided as part of the Services are owned or licensed by upGrad. Users may not reproduce, distribute, modify, or create derivative works based on our content without prior written consent.

  • Trademark Usage

upGrad logos, trademarks, and service marks (“upGrad Marks”) are the property of upGrad and are protected under Indian and foreign laws. All other trademarks, service marks, and logos used on the Services are the property of their respective owners.

  • User-Generated Content

The Services may allow users to upload content such as forum posts, chat messages, and other media (“User Content”). Users retain ownership of User Content but grant upGrad a license to use, reproduce, modify, adapt, publish, and display User Content for the purposes of providing the Services.

  • User Conduct

Users are responsible for all activities in connection with the use of the Services and must comply with all applicable laws and regulations. Users shall not engage in any unethical practices while using the Services.

  • Security Measures

Users are prohibited from violating or attempting to violate the security of the Services, including accessing data not intended for them, attempting to probe or test vulnerabilities, interfering with the use of the Services by others, and sending unsolicited emails or spam.

  • Indemnification

Users agree to indemnify, defend, and hold harmless upGrad Enterprise and its affiliates from any third-party claims arising from or related to the user’s use of the Services, including any breach of these Terms.

  • Severability

If any provision of these Terms is found to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

  • Force Majeure

upGrad shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, or terrorism.

  • Termination

upGrad reserves the right to deactivate user accounts or terminate access to the Services with or without reason, including for breach of these Terms. Termination may be effected without prior notice.

  • Age Restrictions

By using the Services, you certify that you are 18 years of age or older. The Services are not intended for individuals under the age of 18.

  • Assignment

upGrad may freely transfer or assign its rights or delegate its obligations under these Terms. Users may not transfer or assign their rights or delegate their obligations without prior written consent.

  • Notices and Contact Information

Any notices or communications required under these Terms may be sent to the addresses provided in the Terms. For grievances or queries, users may contact the Grievance Officer or Nodal Officer as specified in the Terms.

In compliance of the Information Technology Act, 2000 and rules made thereunder and also in compliance of the Consumer Protection (E-Commerce) Rules, 2020 the name and contact details of the Grievance Officer are herein as under:

Grievance Officer: Arpita Patel [grievance.redressal@upgrad.com]

In compliance with the Consumer Protection Act 2019, upGrad has appointed a Nodal Officer who can be contacted in case of any consumer grievances or queries. The name and email ID of our Nodal Officer are as follows:

Nodal Officer: Arpita Patel
Email ID: grievance.redressal@upgrad.com

Any notice or communication that may be required to be given to UpGrad under these Terms or any Program-specific terms shared with you may be sent by writing or emailing to the following addresses:

upGrad, 3rd Floor, CTS-796-A, Fleet Building, Vlg. MA, Opp. Marol Fire Station, Sir M.V. Road, Marol, Andheri (East), Mumbai – 400059
 

Phone: 022 61562100
CIN – U80902MH2012PTC258559