The Company shall allow individuals and entities (referred to as “you” or “Users”) to use and/or access the Site, together with any other products or services the Company makes available or agrees to perform (“Services”).
By accepting the Terms through your use of the Site, you certify that you are 18 years of age or older. If you are under the age of 18 or under the legal age in your jurisdiction to enter into a binding contract You may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by the Terms. If You are a parent or legal guardian agreeing to the Terms for the benefit of a child below 18, be advised that You are fully responsible for his or her use of the Site, including all financial charges and legal liability that he or she may incur. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into the Terms and to abide by all of the terms and conditions set forth herein.
‘Services’ provided by the Company shall include, but not be limited to, scholarships for students to participate in the educational programs listed on our Site. The eligibility criteria, process, disbursal terms and other conditions relating to the scholarship are provided in Eligibility Criteria on upgradonlinescholarship.com, and shall form a part of these Terms.
These Services may be utilized by you through the processes provided on the Site, only for your own personal, non-commercial use, and not for the use or benefit of any third party. You will not sell, copy, transfer, make available, rent, lease, license, sub-license or lend the Services and/or Content to any third party and you will not use the Services or Content as a service bureau or application service provider providing products, Services, information or Content to third parties. You may not modify, publish, transmit, participate in the transfer, rental or sale of, reproduce (except as provided herein), create derivative works based on, distribute, perform, display, or in any way exploit, the Services or Content in whole or in part. You may not utilize the Services and/or in any way other than as expressly provided in the Terms. Copying, retention or storing of any Content for any reason other than personal, non-commercial use as permitted in the Terms is expressly prohibited without prior written permission from Company.
The Company may, at its sole discretion, change, modify, suspend or discontinue providing its Services at any time, including the availability of any feature, service, or Content at any time without notice and without incurring any liability. The Company may also impose limits on or restrict your access to, any one or more components or parts of the Services, without prior notice or any liability whatsoever.
The Company displays, distributes, provides, performs and makes available materials, information and data which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials (the “Content”) through the Site. You may download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available on the Site, for your own non – commercial and personal use only, provided that you maintain all copyright and other notices contained in such Content. The Company does not control the content posted by third parties on our Site, including the content of any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such content. Under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your posting or use of any Content. You are responsible for complying with all laws applicable to the Content. You agree that you must evaluate and bear all risks associated with the use or posting of any Content, including any reliance on the Content, integrity, and accuracy of such Content. Please verify all Content prior to use. In the event you come across any Content which is incorrect, offensive, indecent or objectionable, please notify us immediately at email@example.com.
To use the Services or features made available to you on the Site you will need to register as a member. When you register, you are required to provide information about yourself that is true, accurate, current, and complete in all respects. If it is found that the information you have provided is untrue, inaccurate, not current or incomplete, the Company shall have the right to cancel, refuse or suspend your registration. You may not make use of a false name or email address owned or controlled by another person with the intent to impersonate that person. Please do not share your account information with any third party. Should any of your registration information change, please notify us immediately at the following e-mail address: firstname.lastname@example.org. We may also change registration requirements from time to time.
- User shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Services, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services.
- Users are responsible for all of their activity in connection with the use of Services.
- The User agrees to fully comply with all applicable local, state, national and foreign laws, treaties and regulations in connection with the Services and with any user policy the Company may publish from time to time;
- Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain the password, account, personal information, confidential information or private information from any User of the Services or any other third party whatsoever. However, if any such event does take place, the Company shall not be liable for any loss in data or if the User’s device, computer or any other property is compromised in any manner;
- The User shall not resort to any unethical practices while using the Site.
- The User acknowledges and agrees that the Company has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to the User.
You are prohibited from violating or attempting to violate the security of the Site or any other associate site of the Company, including, without limitation, (a) accessing data not intended for such use or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on the Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Company on the Site and other than generally available third party web browsers (e.g., Google Chrome or Microsoft Explorer).
Copyright & Trademark
All Content, graphics, code and software used on or incorporated into the Site, and the arrangement or integration of all such Content, graphics, code and software, are subject to copyrights held by or licensed to the Company and/or the Content provider, and all rights thereto are specifically reserved. All software used on the Site is the property of the Company or its licensor and is protected by Indian laws and international copyright laws.
The Site, as well as page headers, custom graphics, buttons, images and other Content displayed on them are subject to trademark, service mark, trade dress, copyright and or other proprietary or intellectual property rights or licenses held by the Company. Other trademarks, product names and company names or logos used on the Site and not owned by the Company are the property of their respective owners. Except as expressly authorized, the use or misuse of any trademarks, trade names, logos, images, graphics or other Content from the Site is strictly prohibited. The Company shall not be held liable for the unauthorized use of any third party intellectual property rights, and the User that carries out such unauthorized use of the Content or Services, or infringes any intellectual property available on the Site shall fully indemnify and hold harmless the Company against any and all claims that may arise as a result of such use.
All reviews, comments, feedback, suggestions, ideas, photos and other submissions disclosed, submitted or offered on or through this Site, our facebook pages or otherwise disclosed, submitted or offered in connection with the use of this Site (collectively, the "Comments") are the personal opinions of the authors and do not reflect the views of the Company. By posting Comments you grant the Company a royalty-free, irrevocable, transferable right and license to use the Comments however the Company desires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such Comments and/or incorporate such Comments into any form, medium or technology throughout the world. You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or malware that could in any way affect the operation of this Site. The Company shall not be held liable for the Comments and the third party making the Comment shall indemnify the Company for any and all actions taken against the Company as a result of such Comments.
You may not establish a link to this Site from any other website, application, intranet or extranet site without our prior written consent. If you wish to create links to the Site, you may contact us at email@example.com before doing so. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of the Site or the Company, including its respective employees, agents, directors, officers or shareholders.
The Users may include in reviews or postings, links to other websites or resources. However, the User agrees not to include in reviews or postings (or elsewhere via the Services) any "deep link" which leads to a web page, other than the home page, of another party's website unless such a link is authorized by the owner of that web site. The User acknowledges and agrees that the Company is not responsible for the availability of such external sites or resources, or for the User's use of deep links, and that the Company does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
Third Party Sites
References on the Site to any names, marks, products or services of third parties, or links to third party sites or information (such as providers of educational programs and program information), are provided solely as a convenience to you and do not in any way constitute or imply Company's endorsement, sponsorship or recommendation of the third party, its information, products or services. Company is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. You need to make your own independent decisions regarding your interactions or communications with any other third party site.
Site Reliability & Alterations
Whilst we attempt to avoid any errors in the Content and/or information provided through the Site, no guarantee can be made as to its error free usage. The Company shall not be responsible for any third party hacking, phishing and/or other interference with the Site. We request all our Users to verify the Content prior to use. We reserve the right to suspend, withdraw, and make changes to the entire or any part of the Site at any time without any notice and without incurring any liability.
If you breach the Terms and we take no action against you, it shall not be considered as a waiver by the Company and we will still be entitled to use our rights and remedies against you for such breach of the Terms.
The Site may contain typographical errors or inaccuracies and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.
The Site, and any information or Content on the Site are provided “as is” and “as available” basis with all faults.
Company makes no representations or warranties of any kind, whether express or implied, with respect to this Site or Content or information available on or through this Site, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no warranty that the Services will meet the User's requirements or that the Services will be uninterrupted, timely, secure, or error free; nor does the Company make any warranty as to the results that may be obtained from the use of the Services, or as to the accuracy or reliability of any information obtained through the Services.
The User understands and agrees that the Content and all other information, data, or other material downloaded or otherwise obtained through or from the Services is obtained at the User's own discretion and risk, and that the User will be solely responsible for any damage to the User, the User's computer system, electronic device or any loss of data that results from the download of such material or data.
No advice or information, whether oral or written, obtained by the User from the Company or through or from the Services, shall create any warranty by the Company.
The Company does not provide any of the educational programs listed on the Site, and does not endorse or have any preference to any such educational program. The Company shall not be held liable for any deficiency in the educational programs or services provided by the educational providers.
In the event you find that the information provided on the Site is incorrect, or if you are the owner of any information or content, and wish that such information or content is not displayed on the Site, kindly notify us at firstname.lastname@example.org
Limitation of Liability
Neither Company nor any of its 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 Site, 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 Company be liable for any damages in excess of Rupees Ten Thousand.
Any provision in the Terms, which is or may become prohibited or unenforceable in any jurisdiction, shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions of the Terms or affecting the validity or enforceability of such provision in the same or any other jurisdiction.
Governing Law & Dispute Resolution
The Terms shall be governed by and is to be construed in accordance with the law of India, without giving effect to its conflict of law provisions, and the Courts at Mumbai shall have sole and exclusive jurisdiction in relation to matters and/or disputes arising out of this Agreement.
Where a dispute arises, the parties involved shall make all reasonable efforts to resolve the dispute through good faith negotiations. If efforts to amicably resolve any dispute or claim between the Parties are unsuccessful, then such dispute or claim arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration & Conciliation Act, 1996, as amended, (“Act”), before a sole arbitrator to be mutually appointed by the Parties with two weeks of initiation of arbitration, failing which, the Company shall appoint the sole arbitrator. The venue of arbitration shall be Mumbai and all proceedings shall be conducted in English. The parties will equally bear the costs and expenses of the arbitration proceedings.