1. 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 Ground Floor, Nishuvi 75 Dr. Annie Besant Road Worli, Mumbai – 400018, 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 www.upgrad-enterprise.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.
2. 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.
3. 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.
4. 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.
5. Account Registration
Some features of our Services may require users to register an account. During registration, users agree to provide accurate and complete information and to keep their account credentials confidential. Users are responsible for all activities that occur under their account.
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. 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.
12. 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.
13. 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.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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, 75, Ground Floor, Nishuvi Dr. Annie Besant Road, Worli, Mumbai – 400018
Phone: 022 61562100
CIN - U80902MH2012PTC258559
