Introduction

These terms and conditions (collectively, the "Terms"), along with all other terms and legal notices located on www.upgraddisha.com (the "Website"), govern your use of the Website. The Website is owned and operated by Talentedge Education Ventures Pvt. Ltd. a subsidiary of upGrad Education Private Limited with its registered business address at Ground Floor, Nishuvi 75 Dr. Annie Besant Road Worli, Mumbai – 400018 (the “Company”) and a part of the upGrad group.

These Terms of Use ("Terms") constitute a legally binding agreement ("Agreement") between you ("User" or "You") and the Company governing your access to and use of the upGrad Disha platform, including any subdomains thereof, and any other websites through which the platform makes its services available (collectively, the "Platform").

Registration

By registering on the Platform, you agree to make your contact details available to the partners/business associates of the Platform. You may be contacted by the Platform or its partners for additional information and the registration process through email, telephone, and SMS. You may also receive promotional emails/special offers from the Platform or any of its partner websites/applications.

Purpose

The Platform is made available to help students get details, discover, and research universities and online courses of their interest, as well as for allied services related thereto. The Platform also helps connect universities (“Universities”) with prospective students who may be interested in them ("Purpose").

Disclaimers

1. Nature of the Platform: upGrad Disha is a counselling and exploring platform. This platform is to facilitate learners to explore, choose, and apply for online programs. Students will directly apply to the university, and all admission and all post-procedure activities will occur directly with the university. This platform does not collect fees or provide any education services.
2. No Warranties: The Company expressly disclaims warranties of any kind for any use of or access to the Platform, material, information, links, or content presented on the web pages at the Platform, external websites linked thereto, and external material, information, links, or content linked thereto. The Platform and any related content are provided on an "as is" basis, without warranty of any kind, either express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Content and Liability Disclaimer

1. Intermediary Status: The Platform acts as an intermediary under sub-clause (w) of Section 2 of the Information Technology Act, 2000. The Company shall not be responsible for any errors or omissions contained on any Company website and reserves the right to make changes without notice.
2. Views Expressed by Users: Mention of University’s. products or services are for informational purposes only and do not constitute an endorsement or recommendation by the Company. The views expressed by users are their own, and the Company does not endorse them.
3. Accuracy of Information: While efforts are made to ensure that the content is not misleading, no claim is made as to the accuracy and correctness of the information on the site. If any inaccuracy or improper content is sighted on the Platform, it can be reported to the Company.

Disclaimer of Online Availability, Impressions, and Click-through

There are no guarantees or warranties regarding online availability, impressions, and click-through of the Platform, its web pages, the Application, and any material, information, links, or content presented on the web pages accessible through the Platform. The Platform reserves the right to approve any advertising sponsors and material before posting on the Platform.

Purchasing and Ordering Disclaimer

When making decisions based on the content on the Platform, you should conduct independent verification before making any important decision. The Company does not claim to offer legal or financial advice, and any decisions made are solely your prerogative.

Your Responsibility; Damage Limits

You have sole responsibility for the use of the products/services you purchase through the Platform. In no event shall the Company be liable to you for any direct, indirect, incidental, consequential, or punitive damages arising out of the use, misuse, or inability to use the products/services, including loss of business, revenue, profits, use, data, or other economic advantage. The Company's liability for any direct damages shall not exceed the amount you paid for the applicable product/service which is offered by the Universities.

Indemnification

By accepting these Terms of Use, you agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, subsidiaries, affiliates, and other partners from any damages arising out of or related to your use of the Platform, including any information provided by you or any other matter relating to the Platform. Any additional tax liability arising from GST (Goods and Services Tax) will be recovered over and above the agreed contract price/service fee.

Limitation of Liability

In no event shall the Company be liable for any damages, without limitation, including direct, indirect, incidental, consequential, or punitive damages, arising out of any access to or use of this Platform, including any material, information, links, and content accessed through this Platform or through any linked external website/application.

Termination/Suspension

The Company may, in its sole discretion and at any time, terminate or restrict your use or access to the Platform (or any part thereof) for any reason, including if the Company believes you have violated these Terms of Use.

Amendment to these Terms

The Company reserves the right to amend, alter, or change all or any disclaimers or terms or conditions of agreements at any time without prior notice.

Dispute Settlement

Any dispute arising between a user and the Company shall be referred to a sole arbitrator appointed by the Company. The decision of the arbitrator shall be final and binding. The arbitration proceedings shall be governed by the Arbitration & Conciliation Act, 1996, and the place of arbitration shall be Mumbai. The Company will not be a party to any legal proceedings between a user and a party contacted through the Platform unless required by due process.

Local Laws

You are responsible for compliance with applicable local laws, including export and import regulations of other countries, while using the Platform.

Governing Law and Jurisdiction

These Terms shall be governed by the laws of the Republic of India. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts located in Mumbai, India.

Termination by User

You have the right to terminate your account, subject to the procedure outlined in these Terms, and any consequences of such termination.

Termination by the Company

The Company reserves the right to terminate or suspend your account under specified circumstances, with associated consequences.

User Content, Security and Third Party Links

User-generated content is subject to ownership and usage rights, with provisions for the removal of inappropriate content. Users are responsible for maintaining account security, including password protection and prompt reporting of security breaches. The Platform may contain third-party links, and users are encouraged to review the terms and privacy policies of those websites independently.

No Agency Relationship

Use of the platform does not create an agency, partnership, or employment relationship between users and the Company.

Reservation of Rights

The Company reserves all rights not expressly granted to users, including the right to modify or discontinue the platform.

Updates to Terms

The Company may update these terms periodically, with notification to users about such updates.

Headings and Interpretation

Headings in the agreement are for convenience and do not affect clause interpretation.

Admission, Refunds, Cancellation and Payment Process

Registration on the website does not guarantee admission or selection for the course. The University Selection Committee retains the right to accept or reject candidates without notice or assigning any reasons.

Admission itself does not guarantee the student's success. User information provided during the online payment process is secure and confidential, not shared with third parties, except for the payment gateway service provider.

The Company will not be held responsible for any damages the user may suffer as a result of using the payment process specified by Universities. The user agrees and shall defend, indemnify, save and hold the Company harmless from any and all demands, liabilities, losses, costs, and claims that may arise or result from incorrect use of the online payment process or any other causes attributable to the user.

The Company will not be responsible for any refunds arising out of any failures in online payments and in case the amount gets deducted from the user's savings/current account and does not get credited to the University’s account before the transaction is complete, the users will have to contact either the concerned Bank/University to clarify the same.

All refund policies that you adhere to are issued as per University guidelines; Company does not collect University program fees and hence the refunds of University programs are processed by the University and not the Company. Receipts of online payments along with confirmation of admissions by the University should be maintained by the user safely, as this will be a pre-condition for processing any refund. All refunds are subject to University norms and Company has no role to play in such refund process.

Completion of the application process and payment alone does not guarantee admission. Admission is at the University's discretion after scrutinizing user details.

Users are responsible for ensuring full fee payment; it does not constitute acceptance for the course. Successful payments are credited to the University’s account.

In case the user registers successfully but fails to pay the required fee on or before the stipulated date, such application will stand cancelled without any further notification. All admission processes are subject to respective University norms.

The Company shall not be liable to protect data from third parties if there is any failure on the part of the user or any person acting on behalf of the user during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.

Refund and cancellation processes and policies adhere to University norms; the Company only assists with enrolment, and all decisions are at the University's discretion.

Rescheduling and Cancellation

University reserves the right to change or cancel courses for any admission batch as per the regulations or notifications issued by the University Grants Commission. University will give a notice in the event of courses being cancelled or rescheduled and the Company is not liable for any such rescheduling or cancellation.

Copyright Disclaimer

All content and materials included on this Platform, including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, and software, are the property of the Company and protected by copyright laws. The compilation of all content on this site is the exclusive property of the Company and protected by copyright laws.

The Company holds the exclusive rights to reproduce, distribute, display, and create derivative works from the content presented on this website. Any unauthorized use, reproduction, or distribution of the content, in whole or in part, without the explicit written permission of the Company, is strictly prohibited.

Users and visitors to this website are granted a limited, non-exclusive, and revocable license to access and use the content for personal, non-commercial purposes. This license does not transfer any ownership rights and is subject to compliance with these Terms of Use.

Any use of the Company's copyrighted materials for commercial purposes, including but not limited to reproduction, distribution, display, or creation of derivative works, requires prior written consent from the Company. Unauthorized use may result in legal action, including but not limited to civil and criminal penalties.

By accessing and using this website, users acknowledge and agree that all copyright and proprietary rights to the content and materials belong to the Company. This copyright disclaimer is an integral part of the Terms of Use for this website.