Acceptance of this Agreement                      By clicking on the ‘SIGNUP’ or ‘I’m interested, tell me more’ option, the User (‘You’ or ‘Your’) agrees to the terms and conditions, liabilities, representations, warranties and agreements contained within (the “Agreement”). In the event that you are not willing to accept the Agreement, you shall not be allowed or permitted to continue accessing or using, in any way whatsoever, any content, data, courseware, products and services (“Services”) published, available or made available on www.uptaught.com (the “Website”) owned, maintained and monitored by Uptaught Edtech Pvt Ltd (“Us”, “We” or “Our”).

User ID and Password                                  By agreeing to The terms, you acknow-ledge and agree that your user ID and password (“Participant Account”) is for your exclusive use only. The use or sharing of Your Participant Account with another user is not allowed and triggers immediate blocking of Your access to the Website, the Services and the Content, the Courseware and the termination of this Agreement.

You acknowledge that you are solely responsible for ensuring the confidentiality of your Participant Account and for all activities that take place under that Account. You agree to inform our Assistance and Support Team immediately if you are aware of or have reason to suspect that there is any improper use of your Participant Account. You also agree to take all necessary steps to avoid any unauthorized use and to cooperate with Us in any investigation of such unauthorized use. Under no circumstances shall we be held responsible for any allegations relating to the use or misuse of Your Participant Account due to the actions of any third party outside our control or due to Your failure to protect the confidentiality and security of Your Participant Account.

Content and Courseware                              As part of our Services offered through our Website, we shall grant you access to our materials, courseware, practice tests, and other material, documentation and data that may be in audio, video, written, graphic, recorded, photographic or any machine-readable format in relation to the particular certification training course You have registered for our Services (“Content and Courseware”).

We reserve the right to alter, revise or update the Content and Courseware provided to you. In the event of such an alteration, revision or update, you may be asked to pay an additional fee for accessing such enhanced, revised or upgraded Content and Courseware.

Usage of the Website and Services              We grant you a personal, restricted, non-transferable, non-exclusive and revocable license to use the Website, Services, and Material and Courseware provided through the Website until the completion of the certification training course that you have enrolled into or terminated this Agreement in line with the Agreement and Conditions set out herein, whichever is earlier. Services and Content and Courseware are offered solely for your personal and non-commercial use to assist you in completing your certification training course (“Restricted Purpose”).

You are allowed to access the Website, Services, and Content and Courseware online and can download, save or print Content and Courseware solely for a Restricted Purpose.

You are not permitted to copy, transmit, distribute, sub-license, broadcast, disseminate or prepare derivative works of Content and Courseware, or any part thereof, in any manner or through any means of communication, for any reason other than the Restricted Purpose, without our authorisation.

Intellectual Property Rights            Although You are given a limited and non-exclusive right to use the Website, the Services, and the Content and Courseware for a Restricted Purpose as set out in this Agreement, You acknowledge and accept that we are the sole and exclusive owner of the Website, the Services offered and the Content and Courseware and as such are vested with all Intellectual Property Rights and other proprietary rights in the Website, the Services, and the Content and Courseware.

You acknowledge and accept that this Agreement, other than authorizing You to use the Website, the Services and the Content and Courseware for a Restricted Purpose, does not convey to You, in any way or form, have any right, title or interest of a proprietary or any other kind in the Website, the Services and the Content and the Courseware.

Usage of Personal Information of Participants                                                  We reserve the right to show your picture in any photo, video or other promotional materials used by Us. In addition, we can use your personal information to notify you about other certification training courses provided by Us.However, We shall not distribute or share Your personal information with any third party marketing database or reveal Your personal information to any third party, except on a case-by-case basis, after careful verification by such third party or if necessary by any applicable law.

Limitation of Liability                                You expressly acknowledge that the use of the Website, the Services and the Content and the Courseware is at your sole risk. We do not warrant that the Website or the Facilities or access to the Content and the Courseware will be uninterrupted or error free; nor do we warrant any outcomes that may be obtained through the use of the Website, the Services or Content and Courseware, or the quality or reliability of any information given by the Website, the Services or the Content and the Courseware. In no event shall We or any person or organization involved in the creation, development or delivery of the Website, the Services, Or the Content and Courseware shall be responsible for any direct, indirect, incidental, exceptional or consequential damages arising out of the use or failure to use the Website, the Services or the Content and the Courseware.

The disclaimer of liability included in this clause applies to any and all damages or injury caused by any failure of performance, mistake, omission, disruption, deletion, defect, delay in operation or transmission, computer virus, communication breakdown, theft or loss or unauthorized access to, alteration of, or use of records or any other material, whether for breach of contract, negligence, or under any other cause of action.

You hereby expressly acknowledge that We are not responsible for any defamatory, offensive, wrongful or unlawful actions by third parties or other users of the Website, the Services or the Material and the Courseware, and that the risk of damage or injury arising from the foregoing shall rest entirely with each user.

You agree that Our liability or the liability of Our associates, directors, officers, employees, agents, and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in some manner relevant with the Services or the Content and Courseware shall not exceed the fee you paid to Us for the relevant certification training course.

Term and Termination                              This Agreement shall become effective upon your approval of the terms of this Agreement by clicking on the “I ACCEPT” button and, subject to the terms and conditions of this Agreement, it shall remain in effect until you have maintained the current, fully paid online Participant Account or until terminated by Us, whichever is earlier.

We reserve the right to terminate this Agreement and block user access to the Content and Courseware with immediate effect by sending a written notice through email to You to this effect (“Immediate Termination Date”), if such termination is made as a result of Your misrepresentation, default, misconduct, or breach of Your obligations related to or under this Agreement (“Event of Default”). On the occurrence of any Event of Default, We shall be authorized to exercise all the rights and remedies under this Agreement or applicable Law or available in equity to seek indemnification for any Loss or Claim arising out of any such Event of Default.

Indemnity                                                    You agree to indemnify and keep Us, Our contractors, licensors, directors, officers, employees, and agents, harmless from and against any and all claims, losses, damages, liabilities, and expenditures including attorneys’ fees, arising out of Your unauthorized use of the Website, the Services, and the Content and Courseware or any violation or breach of this Agreement or any provisions hereof.

Waiver                                                    Neither failure nor delay on the part of any party to exercise any right, remedy, power or privilege hereunder shall serve as a waiver of that right or exercise any other right, remedy, power or privilege.No provision of this Agreement shall be deemed waived, and no violation consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other infringement.

Severability                                                    In the event any clause of this Agreement is held invalid or unenforceable under the applicable laws of India, the remaining provisions shall continue in full force and effect, and the Agreement shall be deemed to be reformed by replacing such invalidated or unenforceable provision with a valid and enforceable provision that gives effect as closely as possible to the intentions of the parties as expressed by the invalidated provision.

Governing Law and Jurisdiction                    For Participants who are a resident of the U.S.A., this Agreement shall be governed by and construed in accordance with the Laws of New York and the courts in New York shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.

For Participants who are not a resident of the U.S.A., this Agreement shall be governed by and construed in accordance with the Laws of India and the courts in India shall have the exclusive jurisdiction over any matter relating to, in connection with, or arising out of, this Agreement.

Amendment and Assignment                      We reserve the right to amend or alter this Agreement unilaterally without giving prior notice to you. However, we shall publish the revised Agreement on the Website so that you are aware of the updates, revisions and amendments made to this Agreement by Us. You acknowledge and agree that it is Your responsibility to check the Website periodically for any revisions, changes, and amendments. Your continued use of or access to the Website, the Services, and the Content and Courseware following the posting of any changes to this Agreement shall constitute acceptance of those changes.

You are not allowed to assign this Agreement or the rights and obligations mentioned in this Agreement to any third party and You only shall be held liable for any infringement of this Agreement or any terms and conditions hereof.

Entire Agreement                                      This Agreement, together with the Privacy Policy, Refund Policy and any additional guidelines, rules, and/or disclaimers posted on the Website constitutes the entire agreement governing Your use of our Website and supersedes any previous agreements, if any, relating to any matter dealt within this Agreement.