Terms and condition
Welcome to Upasana Education Trust! We hope that
you have a great experience using our Platform.
These Terms and Conditions (“Terms and Conditions”)
set out the terms and conditions for use of
https://online.upasanaeducation.com/ (the “Site”), the mobile application(s)
(the “Application”) and any features, subdomains, content (except as specified
hereunder), functionality, products, services (including the Services), media,
applications, or solutions offered on or through the Site and/or the
Application and/or through any modes, medium, platform or format, including
through Secure Digital (‘SD’) cards, tablets or other storage/transmitting
device (hereinafter collectively referred to as the “Platform”/ “Upasana
Education Trust Platform”).
These Terms and Conditions apply to all users of
the Platform, including without limitation, all persons who create and / or
make available Content Provider Content ( as defined under the ‘Intellectual
Property’ section below) on the Platform (referred to as “Content Providers”)
and users who access the Platform to learn a subject or a skill (referred to as
“Learners”) or users who access the Platform otherwise (collectively referred
to as “you”, “your”, or “User(s)”). These Terms and Conditions along with the
Privacy Policy, Refund Policy, Cookies Policy, Accessibility Statement, the
User Guidelines and any other terms and conditions, rules, policies or
guidelines included in these Terms and Conditions or Privacy Policy by
reference and/or as updated on the Platform or otherwise communicated to you
from time to time (including terms and conditions of other third party platforms
that may be used or accessed for gaining access to the Platform or using the
Services on the Platform (collectively referred to as the “Platform Term(s)”),
defines the relationship between you and Upasana Education Trust, and they
shall govern your use of the Platform and the Services (defined below) offered
therein. Your access to the Platform is subject to your acceptance of the
Platform Terms and such acceptance of the Platform Terms forms a legally
binding agreement between you and Upasana Education Trust (“Agreement”). Hence,
please take your time to read the Platform Terms in their entirety.
From time-to-time, updated versions of the Platform
Terms may be made available as aforesaid for your reference. By visiting and
accessing the Platform, providing your Personal Information ( as defined in the
Privacy Policy), using the Services offered or by otherwise signalling your
agreement when the option is presented to you, you hereby expressly accept and
agree to the Platform Terms. If you do not agree to any of the terms or do not
wish to be bound by them, then please do not use the Platform in any manner.
When we speak of “Upasana Education Trust”, “we”,
“us”, and “our”, we collectively mean Upasana Education Trust – a trust
incorporated in India and all of its affiliates which have license to host the
Platform and offer Services. Kindly refer to the ‘ About Upasana Education
Trust and the Platform ’ section of these Terms and Conditions to know which
Upasana Education Trust entity your Agreement will be with.
All capitalized terms are defined/have the meaning
assigned to it under these Terms and Conditions. In other words, if you find
any word herein that has its first letter capitalized, then it means that we
have explained the meaning such word has in the context of these Terms and
Conditions and/or the Platform Terms; if not here, then it will be provided in
the relevant Platform Terms – when we refer to any such term in these Terms and
Conditions, we will try and specify where in the Platform Terms you can find
the meaning/definition.
A. About Upasana Education Trust and the Platform
In India, the Platform is owned, managed, operated
and offered by Sorting Upasana Education Trust, Registered as a trust act in
India, having its registered office at B-31, Rupali Square, Saheed Nagar,
Bhubaneswar, Odisha, PIN-751007, India (“Upasana Education Trust”). In any
jurisdiction other than India, wherever Services are rendered through the
Platform, the same is offered by Upasana Education Trust and / or its
affiliates (as relevant pursuant to appropriate intra group contractual
arrangements). For knowing with which entity of Upasana Education Trust your
Agreement will be, please refer the list in Annexure A below.
B. Platform Services:
Upasana Education Trust Platform is an online
service platform enabling Content Providers to create and offer content in
various formats including without limitation audiovisuals, audio, pre-recorded
audiovisuals, live audiovisuals and/or in written form in a diverse range of
categories through various modes and means (“Content Provider Content”) and
publish and make available such Content Provider Content to the Learners.
Upasana Education Trust acts as an intermediary between the Content Providers
and Learners [in accordance with the Information Technology Act, 2000, or the
Digital Millennium Copyright Act (as amended from time to time)] or other
equivalent / similar legislations and makes available the Content Provider
Content to the Learners, including through subscription offerings ( refer to
the Subscription Terms below to know more). Upasana Education Trust may also
offer, either directly or indirectly (through other third party platforms),
other incidental and ancillary services which may include without limitation question
banks, mock tests, doubt-solving solutions, Live Mentorship, live videos ,
contests, scholarships, webinars and events (physical and/or online) and
facilitating discussion forums.
Further, Upasana Education Trust may offer certain
products/services to you in collaboration with one or more of the Upasana
Education Trust Group Platforms ( as defined under the Privacy Policy). In such
cases, to the extent that such product/services are made available to you
through the Platform, the Platform Terms shall continue to apply to you.
For the purpose of the Platform Terms, usage of the
terms “Platform Services”/ “Services” shall mean and include all the services
referred to in this section and such other products or services as may be
offered by Upasana Education Trust.
You agree and acknowledge that Upasana Education
Trust has no control over and assumes no responsibility for, the User-generated
Content ( as defined under the ‘Intellectual Property’ section below) and by
using the Platform, you expressly relieve Upasana Education Trust from any and
all liability arising from the User-generated Content.
You agree and acknowledge that Upasana Education
Trust shall have the right at any time to change or discontinue any Service,
product, aspect, or feature of the Platform, including without limitation to,
the User-generated Content (to the extent it is permitted to, or required, by
virtue of being an ‘intermediary’), its availability and Supported/Compatible
device required to access or use the Services. Upasana Education Trust reserves
the right to terminate your Subscription and / or restrict your access to the
Platform, if you choose not to provide / partially provide the requested
information.
C. Right to Access and Account Creation
As a Learner, to access the Platform and use
certain Services, you will be required to register and create an account on the
Platform by providing the requested details.
To register on the Upasana Education Trust Platform
you must meet the ‘Age Requirements’ specified hereinbelow. By using the
Upasana Education Trust Platform, you, through your actions, affirm that the
Age Requirements are met.
You can register on the Platform for free however,
certain Services offered on the Platform may be chargeable. Please review the
Service offerings on our Site or Application(s). You are not obligated to
purchase any product or use any Service offered on the Platform.
Age Requirements to register and use on the
Platform (“Age Requirements”):
• If you are a resident of India or any other
country (except USA, UK or EU countries), then you must have attained at least
18 (eighteen) years of age to register and use the Upasana Education Trust
Platform;
• If you are a resident of the European Union
(EU) country and have attained at least 16 (sixteen) years of age, then you are
permitted to register and use the Upasana Education Trust Platform; and
• If you are a resident of the United States of
America (USA) or United Kingdom (UK) and have attained at least 13 (thirteen)
years of age, then you can register and use the Upasana Education Trust
Platform.
• If you are a resident of the US, UK or EU
countries and are between the ages 13 and 18/ 16 and 18 respectively or if you
are resident of any other country and are considered to be of any age
determined for use of internet services but are less than the contractual age
determined by the applicable laws of such country, then by using the Platform,
you confirm to us that your use of the Platform is with the permission of your
Parent(s) (as defined below), and your Parent has read, agreed and accepted to
the Agreement; and in the event of any dispute between you and Upasana
Education Trust pursuant to your Agreement with us, the terms of our Agreement
shall be applicable to and enforceable against your Parent.
A Learner who does not fulfill the Age Requirements
mentioned above (as may be revised as per applicable laws from time to time)
and is desirous of registering on the Platform i.e., if a Learner is a “Minor”/
“Child”, then the Learner may use the Platform with the consent of, and under
the supervision of, their parent or legal guardian (“Parent”). Accordingly, in
such a case, the Parent must agree to the Platform Terms at the time of their
registration on the Platform. Please note that minors/children are not by
themselves eligible to register on the Platform. When a Minor/Child uses the
Platform, we assume that the Parent of such Minor/Child has enabled the
Minor/Child’s usage of the Platform by agreeing to the Platform Terms and that
such usage is under the supervision of their Parent.
Upasana Education Trust reserves the right to
terminate your Subscription and / or restrict your access to the Platform, if
it is discovered that you do not meet the Age Requirements and/or the consent
to register and use the Platform is not obtained as above. You acknowledge that
Upasana Education Trust does not have the responsibility to ensure that You
conform to the aforesaid Age Requirements. It shall be Your sole responsibility
to ensure that the required qualifications are met.
If you are a Content Provider, your access and use
of the Platform may additionally be subject to separate agreement(s) with
Upasana Education Trust and shall be collectively governed by the terms of such
agreement, the Terms and Conditions, other Platform Terms, and such other terms
as may be communicated or agreed with the Content Provider from time to time.
Further, the permission given by Upasana Education
Trust to access and use the Platform under these Terms and Conditions is
subject to the following conditions:
1. You agree not to distribute in any medium
any part of the Platform, Content Provider Content or the Upasana Education
Trust Content (as defined below) without Upasana Education Trust’s prior
written authorization.
2. You agree not to alter or modify any part
of the Platform.
3. You agree not to access User-generated
Content of any other User through any technology or means other than the
User-generated Content you have legitimate access to.
4. You agree not to use the Platform for any
of the following commercial uses unless you obtain Upasana Education Trust’s
prior written approval:
a. the sale of access to the Platform;
b. the sale of advertising, sponsorships, or
promotions placed on or within the Platform or Content Provider Content; or
c. the sale of advertising, sponsorships, or
promotions of any third-party page or website.
5. You agree to receive installs and updates
from time to time from Upasana Education Trust. These updates are designed to
improve, enhance, and further develop the Platform and may take the form of bug
fixes, enhanced functions, new software modules and completely new versions.
You agree to receive such updates (and permit Upasana Education Trust to
deliver these to you) as part of your use of the Platform.
6. You agree not to use or launch any
automated system, including without limitation, “robots,” “spiders,” or
“offline readers,” that accesses the Platform in a manner that sends more
request messages to Upasana Education Trust’s servers in a given period of time
than a human can reasonably produce in the same period by using a conventional
on-line web browser. Notwithstanding the foregoing, Upasana Education Trust
grants the operators of public search engines permission to use spiders to copy
materials from the Site for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials,
but not caches or archives of such materials. Upasana Education Trust reserves
the right to revoke these exceptions either generally or in specific cases at
any time with or without providing any notice in this regard. You agree not to
collect or harvest any personally identifiable information, including account
names, from the Platform, nor to use the communication systems provided by the
Platform, unless otherwise mentioned herein.
7. You may post reviews, comments and other
content; send other communications; and submit suggestions, ideas, comments,
questions or other information as long as the content is not illegal, obscene,
threatening, defamatory, invasive of privacy, infringement of intellectual
property rights, or otherwise injurious to third parties or objectionable and
does not consist of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings or any other form of
spam. In other words, ensure that your conduct on the Platform is in accordance
with the Platform Terms, including the User Guidelines.
8. In your use of the Platform, you will, at
all times, comply with all applicable laws and regulations.
9. Upasana Education Trust reserves the right
to discontinue any aspect of the Platform at any time with or without notice at
its sole discretion.
You are responsible for maintaining the
confidentiality of your account and password to access the Platform. You
acknowledge that your account is personal to you and agree not to provide any
other person with access to the Platform and to restrict access to your device
to prevent any unauthorized access to your account. You agree to accept
responsibility for all activities that occur under your account. You should use
particular caution when accessing your account from a public or shared computer
so that others are not able to view or record your username, password, or other
Personal Information. You should take all necessary steps to ensure that the
password is kept confidential and secure at all times, and if you have any
reason to believe that your password has become known to anyone else, or if the
password is being, or is likely to be, used in an unauthorized manner, you
agree to immediately change your password or inform us of any unauthorized
access to or use of your username or password, so that we are able to help you
stop or prevent such unauthorized access. Please ensure that the details you
provide us are correct and complete.
You represent that the information provided by you
at the time of the registration are correct, true and accurate, and you agree
to update the same as and when there is any change in the said information.
Please read our Privacy Policy to understand how we handle your information.
Please note that we reserve the right to reject or
put on-hold your registration on the Platform as may be required to comply with
any legal and regulatory provisions, and also reserve the right to refuse
access to the Platform, terminate accounts, remove content at any time without
providing any notice to you, and/or reserve the right to disable any account,
feature, or identifiers, whether chosen by you or provided by us, at any time
if, in our opinion, the said identifiers or you have violated any provision of
the Platform Terms.
Further, to access the Platform, create, publish
and/or view the User-generated Content on the Platform, you will need to use a
“Supported/Compatible Device” which means a personal computer, mobile phone,
portable media player, or other electronic device that meets the system and
compatibility requirements and on which you are authorized to operate the
Platform. The Supported/Compatible Devices to access the Platform and/or avail
the Services may change from time to time and, in some cases, whether a device
is (or remains) a Supported/Compatible Device may depend on software or systems
provided or maintained by the device manufacturer or other third parties.
Accordingly, devices that are Supported/Compatible Devices at one time may
cease to be Supported/Compatible Devices in the future. Thus, kindly make sure
that the device that you use is compatible with our system/software to use the
Platform and avail the Services offered therein.
D. Subscription terms
For Learners, Upasana Education Trust does not charge
any fee for registration and account creation. However, certain Services
offered by Upasana Education Trust may be chargeable. Accordingly, access to
certain Services and features is offered by Upasana Education Trust through a
multi- tiered paid subscription plan(s) or purchases; the details of the
Services and applicable features along with their corresponding prices can be
found on our Site and/or Application (“Subscription”/ “Subscription Service”).
You can purchase Subscriptions by following the instructions you encounter as
you navigate through the Platform.
The terms that are applicable to Your purchase of
Subscription(s) -
1. Purchase of a Subscription will allow you
access only to the content available under the category of content for which
you have purchased the Subscription.
2. The Services offered, and the validity/term
of your Subscription (“Subscription Period”)may vary depending on the plan you
may purchase. Hence, before you proceed to purchase any Subscription, please
read and understand the details of the Subscription(s) you intend to purchase
on the Platform. If you are unclear about any part of the Subscription offering
or need further clarification, then please feel free to write to us prior to
your purchase at email address provided in the ‘Contact for User
Support/Queries’ section below.
3. We may personalize Services and feature
them as part of Subscriptions, including showing you recommendations on content
in the subscribed category, and other related categories that might be of interest
to you. We also endeavor to continuously improve the Subscription offerings to
improve your Platform experience.
4. Subscription Period may be extended upon
renewal of your already purchased Subscription. The terms of renewal, if any,
can be found on our Site and/or Application. However, please note that the
prices may stand revised from the time of your first purchase of the
Subscription.
5. The Subscription is of a personal nature
and is solely for the benefit of the person subscribing and is not allowed to
be resold by you or transferred to or shared with any other person for
consideration or otherwise. In the event we get to know that any User has
resold / transferred / shared Subscription with another person, then Upasana
Education Trust retains the right to cancel/terminate the Subscription
forthwith.
6. Due to the limitations, if any, imposed on
us by our Content Providers (who own the Content Provider Content), the Content
Provider Content we make available to you under any Subscription offering are
subject to restrictions on viewing access and on the length of time we make
them available to you. These restrictions may change over time as we add new
features, devices and content to our Subscription Service. Illustratively,
following are some of the restrictions that are applicable to your access to
the content (made available through Subscription Service or otherwise):
a. Live – Streaming of Content Provider
Content/ Live Videos: You will get access to attend live videos (in other
words, live- streamed content), if the same is offered as part of your
purchased Subscription. The access shall be available to you through the
Platform during the Subscription Period and shall be subject to the Platform
Terms including the Live Videos Terms and Conditions. Please be sure to use a
Supported/Compatible device (refer to the ‘Right to Access and Account
Creation’ section above) while accessing the live videos.
b. Viewing Period: Depending on the
Subscription, we may make available the recorded versions of any relevant live
video to you for continued viewing on the Platform (which may include in-app
downloading as mentioned below) during your Subscription Period. Please note
that availability of the recorded versions of any relevant live video content
for your subsequent access on the Platform is subject to our agreements with
the Content Providers, and we do not in any manner guarantee the availability
of the same for any reason whatsoever.
c. In-App Downloading: Depending upon your
Subscription, you may only have an option to do in-app downloads and the
downloaded content can be viewed by you during the Subscription Period. After
downloading the Content Provider Content, you shall have access to the same for
the Subscription Period only and all access to the downloaded content shall be
removed on expiry or termination of your Subscription, as the case maybe.
d. Quality of Streaming: The resolution and
quality of the content you receive will depend on a number of factors,
including the type of Compatible Device on which you are accessing the Content
Provider Content and your bandwidth, which may increase or decrease over the
course of your viewing. While we strive to provide you a high-quality viewing
experience, we make no guarantee as to the resolution or quality of the content
you will see when streaming.
7. Depending on the Subscription Service you
have purchased, you may be given access to certain additional Services and
features. The additional terms applicable to each of these additional Services
may be made available to you on the Platform in the form of terms and
conditions or FAQs (Frequently Asked Questions) for that specific Service or
may be otherwise communicated to you. Hence, please be sure to go through the
Platform Terms to understand the additional services, if any made available to
you, and how you can avail the same.
E. Pricing, Payments and Refunds
1. Pricing and Payments: You can
purchase a Subscription Service of your choice for any category(ies) of content
by following instructions on the Platform and making the payment applicable for
the Subscription you intend to purchase.
Please read the below terms applicable for the
purchase of your Platform Subscription. The below terms are to be read with any
other terms communicated to you at the time of purchase of your Subscription:
a. You agree to pay all
Subscription fees and charges that are attributable to your account on the
Platform and that you are solely responsible for payment of these fees and
charges. The Subscriptions are payable in full and in advance and are valid
until the completion of the applicable Subscription Period or until otherwise
cancelled or terminated in accordance with the terms of this Agreement.
b. If you have specifically
authorized us, then the payments for the applicable Subscriptions are
automatically charged at the beginning of each billing period, unless you
withdraw your authorization or submit a cancellation request to us directly
through your account prior to the start of the billing period or in writing via
email to the address specified in the ‘Contact for User Support/Queries’
section below. The payment for your Subscription will be charged upon the
anniversary of its billing period if the payments for Subscription are in more
than a single tranche. Subject to your specific authorization and applicable
laws, you agree that Upasana Education Trust may charge any recurring service
to the credit card or debit card or account that you provide/link at the time
of your first purchase of the Subscription or as updated by you through your
account on the Platform, provided such updation takes place prior to upcoming
billing period.
c. If you have not completed
payments for your Subscriptions, we may restrict / suspend your access to the
Platform until your account becomes current and paid in full.
d. We reserve the right to
pursue the fee owed to us using collection methods which may include charging
other payment methods on file with us and/or retaining collection agencies or
legal counsel.
e. The entity within the Upasana
Education Trust group to which your payments will be made will be on the basis
of Annexure 1.
f. Your payments to
Upasana Education Trust shall be subject to applicable taxes including without
limitation Goods and Service Taxes (GST) and Value Added Taxes (VAT) or other
similar taxes as may be applicable in your country of residence/from where you
have created your account on the Platform/ purchased the underlying
Subscriptions.
g. We reserve the right to
change/revise the pricing of the Subscriptions. For existing Subscriptions for
which the applicable fees have been already received by us, we will implement
the price changes during the next billing period or renewal of the
Subscription.
h. We further reserve the right
to offer custom plans and pricing (including discounts and / or special offers)
in addition to what is offered on the Platform, which include offering custom
billing and payment terms, that are different from our standard terms.
i. We use third-party
payment gateways and/or aggregators to process payments applicable to the
Services offered by us. Third-party payment gateway(s) made available to you
may vary depending on the Subscription you choose. Similarly, we have also
enabled integration of third-party payment providers to facilitate better
payment options to you, which may vary depending on your territory or the
Subscription you choose. Third-party payment gateways/aggregators and third-
party payment providers shall collectively be referred to as “Third-Party
Service Providers”.
Third-Party Service Providers may also charge you
fees to use or access their services and may require your Personal Information
to complete any transaction for the Platform. Further, to facilitate completion
of your payments to us through the Platform or avail the payment options
provided to you, you may be redirected to an external website operated by the
Third-Party Service Provider. We cannot and do not (i) guarantee the adequacy of
the privacy and security practices employed by or the content and media
provided by the Third-Party Service Provider or its respective websites or (ii)
control collection or use of your Personal Information by such Third-Party
Service Provider. Hence, prior to using any services offered by a Third-Party
Service Provider, we suggest that you read their terms and conditions, privacy
policy and other policies, that may apply, to understand their terms of usage
and to understand how your Personal information is being processed. Upasana
Education Trust is not affiliated to any Third-Party Service Provider and
neither Upasana Education Trust nor any of the Third-Party Service Provider are
agents or employees of the other.
Further, pursuant to the payment option you may
choose, you may be required to enter into a separate agreement with the
relevant Third-Party Service Provider. This agreement with the Third-Party
Service Provider is an independent contract/agreement between you and such
Third-Party Service Provider and Upasana Education Trust shall in no manner be
a party to the same. Upasana Education Trust is only facilitating various
payment options to you and is not offering the payment by itself in any manner.
j. You agree that you are solely responsible
for all charges that occur through such Third-Party Service Providers and
acknowledge and agree to indemnify, defend, and hold harmless Upasana Education
Trust, its licensors, their affiliates, and their respective officers,
directors, employees, and agents from any loss arising out of or related to the
use of the Platform or any purchases made through the Platform. This obligation
will survive your use of the Platform and termination of your Agreement with
us. For purposes of the Platform Terms, “Loss” means all losses, liabilities,
damages, awards, settlements, claims, suits, proceedings, costs, and expenses
(including reasonable legal fees and disbursements and costs of investigation,
litigation, settlement, judgment, interest, and penalties). Upasana Education
Trust shall not be liable to you for any claims arising out of any act or
omission on the part of the Third-Party Service Provider(s) including, but not
limited to, any lost, stolen, or incorrectly processed payments. Upasana
Education Trust expressly disclaims any responsibility and liability for all
services provided by the Third-Party Service Provider(s).
k. Please note that all Subscription payments
are collected by Upasana Education Trust only through the Platform and not
through any third parties (except Third-Party Service Provider(s)). We do not
usually authorize any third party (except Third-Party Service Provider(s)) to
collect monies on our behalf; however, if we have authorized any third party
then such third party will have received a written authorization from Upasana
Education Trust either by way of any agreement or an authorization letter.
Kindly verify with such third party before you make any payments to them,
alternatively, you can always check with us by writing to us at email address provided
under the ‘Contact for User Support/Queries’ section below.
l. Further, Upasana Education Trust is solely
authorized to offer discounts / offers, if any, on the Subscription prices.
These discounts / offers are communicated on the Platform or via direct
communication to you from Upasana Education Trust via email, SMS, phone, or
such other means of communication, and can be availed only through the
Platform, unless otherwise specifically communicated by Upasana Education
Trust. Other than Upasana Education Trust, no person, including without
limitation, Content Providers or any third-party platform, are allowed to offer
any discounts on the Subscription prices offered on the Platform. Upasana
Education Trust shall not be liable for any claims arising from such
unauthorized discounts / offers offered by any person (including any third-
party platform or Content Provider), other than Upasana Education Trust.
2. Cancellation and Refund
Policy:
You may cancel your Subscription through your
account on the Platform. However, please note that the cancellation will become
effective at the end of the then-current billing period; in other words, we
will not renew your Subscription, but the existing Subscription will continue
until the end of its billing period and there shall be no refund of the fee
already paid for the same, unless otherwise specified in the Refund Policy. So,
please read these terms and conditions and the Refund Policy carefully before
purchasing any Subscription.
When you cancel your Subscription, Upasana
Education Trust may disable access to features made available to you upon your
purchase of Subscription, while your account may continue to exist on the
Platform.
F. Use of the Platform
Subject to the Platform Terms, Upasana Education
Trust hereby grants you a non- exclusive, non-transferable, non-sublicensable,
limited license to access and use the Upasana Education Trust Platform for your
own personal, non-commercial and private use on an ‘as is’ basis in accordance
with these Terms and Conditions and other Platform Terms.
Subject to payment of the Subscription fee, and
your compliance (as a Learner) with all Platform Terms, Upasana Education Trust
and the Content Providers grant you (as a Learner) a non- exclusive,
non-transferable, non-sublicensable, limited license, during the applicable
Subscription Period, to access and view the content you have subscribed to and
attend live videos in association with your Subscription, for personal,
non-commercial, private use only, in accordance with the Platform Terms. We may
automatically remove your access to the content from your Compatible Device
after the end of the Subscription Period or in accordance with any restriction
mentioned in the Platform Terms.
If you are a Content Provider, Upasana Education
Trust grants you a limited, non-exclusive, non- transferable, non-sublicensable
license to access and use the Platform for Your own personal and commercial use
in accordance with these Platform Terms and any other agreement(s) that may be
executed between you (as a Content Provider) and Upasana Education Trust (as
applicable). Except as expressly permitted by Upasana Education Trust under
these Platform Terms or otherwise in writing to you, You will not reproduce,
duplicate, copy, sell, redistribute, create derivative works or otherwise
exploit the Platform or any portion of the Platform (including but not limited
to any copyrighted material, trademarks, or other proprietary information).
Except as expressly permitted under any of the
Platform Terms or otherwise in writing, you will not reproduce, duplicate,
copy, sell, redistribute, create derivative works or otherwise exploit the
Platform or any portion of the Platform (including but not limited to any
copyrighted material, trademarks, or other proprietary information).
G. Content and Conduct
1. As a User, you may submit User-generated
Content ( as defined under the ‘Intellectual Property’ section below) on the
Platform. However, you must understand that Upasana Education Trust does not
guarantee any confidentiality with respect to any User-generated Content you
submit.
2. You shall be solely responsible for your
own User-generated Content and the consequences of submitting and publishing
such content on the Platform. You affirm, represent, and warrant that you own
or have the necessary licenses, rights, consents, and permissions to publish
the User-generated Content that you submit. You further agree that
User-generated Content you submit on the Upasana Education Trust Platform will
not contain third party copyrighted material, or material that is subject to
other third-party proprietary rights, unless you have permission from the
rightful owner of the material, or you are otherwise legally entitled to post
the material and to grant Upasana Education Trust the necessary license and
rights required under the Platform Terms. You shall solely be responsible for
all claims in respect of your User-generated Content published on the Platform.
3. For clarity, you retain your ownership
rights in your User-generated Content. However, you grant a limited license to
Upasana Education Trust to make available the User-generated Content on the
Platform. Please read the ‘Intellectual Property’ section below to know the
exact nature of license and rights you grant to Upasana Education Trust.
4. Furthermore, you confirm that you shall not
host, display, upload, modify, publish, transmit, store, update or share
User-generated Content or any information on the Platform that:
a. belongs to another person and to which you
do not have any right;
b. is defamatory, obscene, pornographic,
invasive of another’s privacy including bodily privacy, insulting or harassing
on the basis of gender, libelous, racially or ethnically objectionable,
relating or encouraging money laundering or gambling, or otherwise inconsistent
with or contrary to the laws in force;
c. is harmful to a child;
d. infringes any patent, trademark, copyright
or other proprietary rights of another;
e. violates any law, statue, ordinance or
regulation or Platform Terms;
f. deceives or misleads any User about the
origin of the message or knowingly and intentionally communicates any
information which is patently false or misleading in nature but may reasonably
be perceived as a fact;
g. impersonates another person;
h. threatens the unity, integrity, defense,
security or sovereignty of India, friendly relations with foreign States, or
public order, or causes incitement to the commission of any cognizable offence
or prevents investigation of any offence or is insulting other nation;
i. contains software virus or any other
computer code, file or program designed to interrupt, destroy or limit the
functionality of any computer resource;
j. is patently false and untrue, and is
written or published in any form, with the intent to mislead or harass a
person, entity or agency for financial gain or to cause any injury to any
person;
k. False, inaccurate or misleading;
l. obscene or contain pornography;
m. Contain any viruses, trojan horses, worms,
cancelbots or other computer programming routines that may damage,
detrimentally interfere with, surreptitiously intercept, or expropriate any
system, data or Personal Information.
5. Your conduct on the Platform shall strictly
be in accordance with the User Guidelines and other Platform Terms.
6. You understand that as a User you may
interact with Minors/Children (refer to ‘Right to Access and Account Creation’
section above) on the Platform; accordingly, you shall make yourself fully
aware of our Minor & Learner Interaction Guidelines and conduct yourself in
accordance thereof.
7. You understand and confirm that you shall
not during your use of the Upasana Education Trust Platform at any time post or
publish any content, comments or act in any way which will amount to harassment
of any other User. If at any given point it comes to Upasana Education Trust’s
notice that you have engaged in any kind of harassment of other Users, then in
such a case you agree that Upasana Education Trust shall have the sole right to
suspend/terminate your account with immediate effect and without any notice of
such suspension or termination and we also reserve the right in our sole
discretion to initiate any legal proceedings against you in such cases.
8. Upasana Education Trust does not endorse
any User-generated Content submitted on the Upasana Education Trust Platform by
any User, or any opinion, recommendation, or advice expressed therein, and
Upasana Education Trust expressly disclaims any and all liability in connection
with User-generated Content. Upasana Education Trust does not permit copyright
infringing activities and infringement of intellectual property rights on the
Upasana Education Trust Platform, and Upasana Education Trust will remove all
User-generated Content if properly notified that such User-generated Content
infringes on another’s intellectual property rights in line with its
obligations as an ‘intermediary’. Upasana Education Trust reserves the right to
remove User- generated Content without prior notice if it has reason to believe
that the User- generated Content is violative of these Terms and Conditions.
Please refer to the Takedown Policy and ‘Copyright, Trademarks and other
Intellectual Property Rights’section below to understand the process to notify Upasana
Education Trust about any infringing content and the process of takedown of
infringing content followed by Upasana Education Trust.
9. You shall not engage in any activity that
increases/optimizes the User views on any particular Content Provider; these
activities, without limitation, include creating multiple fake accounts as
Learners, either by yourself or through a third-party.
10. You shall not engage in any activity that
will negatively impact Upasana Education Trust and/or other Users of the Platform,
including without limitation, activities that involve screen- recording,
screen-casting or downloading on any other device of any Content Provider
Content (live or recorded) in any manner that is not directly facilitated as
feature within the Platform and/or sharing or otherwise publishing such
screen-recorded content on third-party platforms, either for a cost or
otherwise. If Upasana Education Trust becomes aware of your engagement, either
by yourself or through a third-party, in any such activity, then Upasana
Education Trust may immediately terminate your or such User’s access /
Subscription along with termination and removal of access to all downloaded
content with a right to initiate appropriate legal action, at the sole
discretion of Upasana Education Trust.
H. Communications
When you visit the Platform, you are communicating
with us electronically. You may be required to provide a valid phone number
while creating any account with us or while enrolling or purchasing any
Subscription Service. We may communicate with you by e- mail, SMS, phone call
or by posting notices on the Platform or by any other mode of communication. By
providing your information you authorize Upasana Education Trust, its
affiliates, and their respective employees, agents, and contractors to initiate
electronic communications by email, telephone calls, or such other mode of
communication with respect to your use of the Platform and regarding the
products and services offered by Upasana Education Trust and its affiliates. These
communications may be made by or on behalf of Upasana Education Trust, even if
your phone number is registered on any state or federal do not call list.
Telephone calls may be recorded. You acknowledge that your telephone operator
and/or internet service provider may have levied certain charges on you
vis-à-vis your communications with Upasana Education Trust as it constitutes
availing their services, and you agree to be responsible for all such charges,
and Upasana Education Trust will not be responsible for any such charges. Do
not submit your information if you do not consent to being contacted by
telephone, text, email or such other mode of communication. Further, you will
always have an option to unsubscribe / opt out from any promotional communications
sent by Upasana Education Trust and / or its affiliates either by following the
relevant instructions that may be communicated via text, email or such other
mode of communication in which you received a promotional communication or by
disabling the options provided within your account on the Platform.
Please note that –
1. If you opt out of promotional
communications, we may still send you transactional communications, such as
service announcements, administrative and legal notices, and information about
your account, without offering you the opportunity to opt out of these
communications. If you no longer wish to use our Platform or receive any
communications from us (except for those that are legally required), then you
may delete your account by either writing to us at the email address provided
under ‘Contact for User Support/Queries ‘section below by using the option
enabled within the Platform; and
2. opting out of promotional communications
only affects future communications from us. If we have already provided your
information to a third party (as stated in our Privacy Policy) before you
changed your preferences or updated your information, you may have to change
your preferences directly with that third party.
3. We do not sell your Personal Information to
third parties
Further, in respect of interactions between Users -
Upasana Education Trust is only an intermediary and does not monitor any of the
interactions that take place between Users on the Platform, but Upasana
Education Trust has clearly laid out the terms and guidelines a User must
follow in their conduct on the Platform as part of the Platform Terms; and if
Upasana Education Trust receives from any User a complaint of misconduct
against you, in any form, or if Upasana Education Trust otherwise deems
necessary, Upasana Education Trust reserves the right to suspend or terminate
your access to any the Platform or any part thereof at any time, with or
without giving any notice or reason.
You acknowledge that any User-generated Content
(including without limitation any Content Provider Content, chats, postings, or
materials posted by the Users) posted by you on part of the Platform, is
neither endorsed nor controlled by us. You further understand and agree that
you shall be solely responsible for any User-generated Content published by you
on the Platform, including its legality, reliability, accuracy, and
appropriateness, and shall be solely liable for the consequences of its
publication. You represent and warrant that you own and control all rights in
and to any User-generated Content uploaded by you on the Platform, or that you
have the necessary licenses or permissions or are legally entitled to use and
reproduce such User-generated Content on the Platform.
I. Processing of Personal Information
All our collection, processing, sharing and storing
of any Personal Information collected from you shall be in accordance with our
Privacy Policy. Kindly read the same to understand the security measured
undertaken by Upasana Education Trust to safeguard your Personal Information.
Should have any queries in respect of the same, please feel free to right to us
at info@upasanaeducation.com.
J. Intellectual Property and License to
User-generated Content
1. User-generated Content: You
shall remain the sole owner of any content uploaded or published or submitted
or posted by you on the Platform, including without limitation, the content
published by you as a Content Provider and/or any text, image, media, written
statements or other content posted or published by a User anywhere on the
Platform including without limitations in the comments section (“User-generated
Content”)and Upasana Education Trust does not claim any ownership over any
User-generated Content uploaded/published by any User on the Platform.
By submitting the User-generated Content on the
Platform, you hereby grant Upasana Education Trust a limited, worldwide,
non-exclusive, royalty-free, sub-licensable and transferable license to use,
reproduce, distribute, share, display, publish, retain, make available online
and/or electronically transmit such User-generated Content as well as technical
information collected via the Platform to the extent necessary (i) to provide
the Platform and our Services; (ii) to perform our obligations under the Platform
Terms and other written agreement with the User; (iii) to provide, monitor,
correct, and improve the Platform and Services related thereto; (iv) for the
Upasana Education Trust Platform and Upasana Education Trust’s (and its
successors’, subsidiaries and affiliates’) business, including without
limitation for promoting and redistributing part or all of the Upasana
Education Trust Platform in any media formats and through any media channels;
(v) to de-identify User data such that there is no reasonable basis to believe
that the information can be used, alone, or in combination with other
reasonably available information, to identify any individual or to identify
User as the source of such data; (vi) to aggregate User data with other data;
and (vii) to comply with applicable laws. However, please note that we will
never disclose aggregated or de-identified information in a manner that could
identify you as an individual, and all your information shall be processed in
accordance with out Privacy Policy.
You also hereby grant each User of the Platform a
limited, non-exclusive license to access your User-generated Content through
the Platform.
2. Upasana Education Trust
Content: Upasana Education Trust and / or its affiliates own all information
and materials (in whatever form or media) provided or communicated to you by or
on behalf of Upasana Education Trust including but not limited to, the
Platform, illustrations, letters, images, ideas, concepts, the layout, design,
flow, look and feel of the Platform, logos, marks, graphics, audio files, video
files, any software which is owned by or licensed to Upasana Education Trust
and / or its affiliates, the underlying source and object code, instructions
embedded in any form of digital documents and other data, information, or
material made available to you by Upasana Education Trust (“Upasana Education
Trust Content”). Upasana Education Trust Content specifically excludes any
content uploaded by the Users, including without limitation, any User-generated
Content on the Platform. Upasana Education Trust Content, including its
trademarks, will not be used, modified, or altered by you in any way. You
acknowledge and agree that you do not acquire any ownership or rights to the
Upasana Education Trust Content or the Platform by use of the Platform. You
acknowledge and agree that the Upasana Education Trust Content is protected by
the copyright, trademark, patent, trade secret and other intellectual property
or proprietary rights laws and any unauthorize use, reproduction, modification,
distribution, transmission, republication, display or performance of the
Upasana Education Trust Content and any component thereof is strictly
prohibited.
You confirm and undertake not to utilize any data
mining tools, robots, or similar data gathering and extraction tools to extract
for re-utilization of any substantial parts of this Platform, without Upasana
Education Trust’s express prior written consent.
K. Feedback
If any User(s) submits suggestions, ideas,
comments, or questions containing product feedback about the Platform or any of
the Services, either through the Platform or otherwise (“Feedback”), then such
User(s) grants Upasana Education Trust and its affiliates a worldwide,
non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full
right to sublicense), reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, transmit, and display such Feedback in any
form. Users shall have no intellectual property right in the Platform as a
result of Upasana Education Trust’s incorporation of their Feedback in the
Platform.
L. Copyright, Trademarks, and other Intellectual
Property Rights
At Upasana Education Trust, we respect the
intellectual property of others just as much ours and, hence, if you believe
that your intellectual property rights have been used in a way that gives rise
to concerns of infringement of your intellectual property (including your
copyrights and trademarks), then kindly write to us at
info@upasanaeducation.com with complete details as required under Takedown
Policy. If Upasana Education Trust has knowledge of or has any reason to
believe that any User-generated Content on the Platform violates the
intellectual property rights of Upasana Education Trust or other Users, then we
reserve the right to remove access to such content in accordance with takedown
practices specified in Takedown Policy.
If Upasana Education Trust has knowledge of or has
any reason to believe that any User-generated Content on the Platform violates
the intellectual property rights of Upasana Education Trust or other Users,
then we reserve the right to remove access to such content in accordance with
takedown practices specified in Takedown Policy.
M. Claims Against User-generated Content
Upasana Education Trust does not monitor or have
any control over or does not warrant, and makes no claim or representation
regarding the accuracy, completeness, or usefulness of any User-generated
Content provided on the Platform by its Users and accepts no responsibility for
reviewing changes or updates to, or the quality, content, policies, nature or
reliability of, such User-generated Content. Upasana Education Trust disclaims
all liability and responsibility arising from any reliance placed on such
materials by you. All statements and/or opinions expressed in these materials,
and all articles and responses to questions and other content, other than the
Upasana Education Trust Content, are solely the responsibility of the User
providing those materials.
N. Upasana Education Trust’s Rights
In respect of the entire Platform, Upasana
Education Trust reserves the following rights:
1. Upasana Education Trust
reserves the right to put on-hold or reject or suspend or terminate your
registration on the Platform for the purpose of complying with the legal and
regulatory requirements.
2. Upasana Education Trust
reserves the right to remove you and/or the User-generated Content without
notice if you violate any provisions of the Platform Terms.
3. Upasana Education Trust may
modify, terminate, or refuse to provide Services at any time for any reason,
without notice.
4. Notwithstanding anything contrary
stated in the Platform Terms, in its sole discretion, Upasana Education Trust
may remove anyone from the Platform at any time for any reason.
5. Upasana Education Trust
reserves the right to access your account and/or the User-generated Content in
order to respond to requests for technical support, to maintain the safety and
security of the Platform, legal purposes and for other legitimate business
purposes, as necessary, in Upasana Education Trust’s discretion.
6. Upasana Education Trust has no
obligation to monitor any content that appears on the Platform or review any
conduct occurring through the Platform, including any interactions between
Users, however, if Upasana Education Trust receives notice or becomes aware of,
any violation of the Platform Terms, then, Upasana Education Trust reserves the
right to refuse your access to the Platform, terminate accounts or remove such
violating content at any time without notice to you.
O. Platform Availability
Your access to the Platform may occasionally be
suspended or restricted to allow for repairs, maintenance, or due to the
introduction of new facilities or services at any time without prior notice. We
will attempt to limit the frequency and duration of any such suspension or
restriction. You agree that Upasana Education Trust will not be liable for any
losses that may be incurred by you if for any reason all or part of the
Platform is unavailable at any time or for any period for use.
P. Deletion of Account
As a Learner, you may delete your account at any
time by either writing to us at the email address provided under ‘Contact for
User Support/Queries’ section below or by using the delete option provided
within your account on the Platform (if available). If your account is deleted
(regardless of the reason), you will no longer has access to your account on
the Platform and your User-generated Content may no longer be available; any
deletion once processed is irrecoverable. Upasana Education Trust is not
responsible for the loss of your information and/or User-generated Content upon
deletion and Upasana Education Trust shall not be liable to any party in any
way for the inability to access User-generated Content arising from any
deletion. Please note that all accounts will remain active unless you explicitly
ask us to delete it, and applicable Subscription payments shall continue to be
deducted until cancelled by you or until your account is deleted on your
request (as stated in the ‘Pricing and Payments’ section above) or otherwise
terminated in accordance with the Platform Terms
Please note that we may not be able to delete all
communications or photos, files, or other documents publicly made available by
you on the Platform, however, we shall anonymize your Personal Information (as
defined in the Privacy Policy) in such a way that you can no longer be
identified as an individual in association with such information made available
by you on the Platform. We will never disclose aggregated or de-identified
information in a manner that could identify you as an individual.
If you are a Content Provider, your access and use
of the Platform may be subject to a separate agreement with Upasana Education
Trust and shall be collectively governed by the terms of such agreement, the
Terms and Conditions and other Platform Terms.
Q. Disclaimer:
YOU AGREE THAT THE PLATFORM, CONTENT, AND ALL
MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF
THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY
LAW, UPASANA EDUCATION TRUST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS
DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE
PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, UPASANA
EDUCATION TRUST EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS
ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR
COMPLETENESS OF THE PLATFORM, USER-GENERATED CONTENT ON THE PLATFORM, OR THE
CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR
ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER-GENERATED CONTENT OR ANY
CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE 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 PLATFORM, (IV) ANY BUGS, VIRUSES,
TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM
BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED
CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS
A RESULT OF THE USE OF ANY USER- GENERATED CONTENT OR ANY OTHER CONTENT THAT IS
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AS
UPASANA EDUCATION TRUST IS STRICTLY AN INTERMEDIARY AS UNDER THE INFORMATION
TECHNOLOGY ACT, 2000. UPASANA EDUCATION TRUST DOES NOT WARRANT, ENDORSE,
GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER- GENERATED CONTENT OR THE
PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY
HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND
UPASANA EDUCATION TRUST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR
MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF
USER-GENERATED CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND
EXERCISE CAUTION WHERE APPROPRIATE.