As used in this Agreement, “LevelUp”, “https://www.levelup.co.in”, “We,” “Us,” or “Our” refers to LevelUp, its members, participating instructors and designers/developers. “You” or “Your” refers to you, the user of this Site.
BY USING THE SITE, YOU AGREE AS FOLLOWS:
The information available on this Site, including, without limitation, reviews, opinions, directions, guides, graphics, photographs, logos, audio or video clips, and data (collectively “Content”) is not a substitute for any type of professional advice, including, without limitation, psychiatric, medical, financial, or legal advice. Always seek the advice of an appropriate professional and never disregard professional advice or delay in seeking it because of Content on this Site. LevelUp does not certify or endorse the Content on this Site, including without limitation any opinion, recommendation, advice, or any other information contained in the Content. LevelUp IS NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, USE OF ANY CONTENT ON THE SITE.
2. Confidentiality Of Log-in Details
You agree that you will never divulge or share access or access information to your User Account with any third party for any reason. You also agree to that you will create, use, and access only one User Account, and that you will not access the Site using multiple User Accounts Further, you are responsible for maintaining the confidentiality of the username & password that you choose to access and use the Site (“Account”). Subject to applicable law, you agree to be liable for all uses of your Account whether or not actually authorized by you, including but not limited to uses of your Account to submit questions at the Site or to answer questions through the Site. This means that you should not supply your log-in credentials to anyone who is not authorized to take actions for you.
3. Right To Access & Use The Site
LevelUp hereby grants you a limited, non-exclusive, non-transferable license to access and use the Site and Content solely for your personal, non-commercial purposes. Except for the license in this clause, LevelUp retains all rights, titles, and interests in and to the Site and Content. Subject to applicable law, LevelUp reserves the right to suspend or deny, at its sole discretion, your access to all or any portion of the Site with or without notice. You may not access or use the Site or any portion of the Site if such access would violate any law. You may access and print copies of the web screens from this Site, including a copy of this Agreement, for your personal use. Except as provided in this Agreement, permission to reprint or electronically reproduce any Content in whole or in part for any other purpose is strictly prohibited. The burden of determining that your use of any information, software or any other content on the Site is permissible rests with you. The Content on this site is protected by copyright under applicable laws. All rights not expressly granted herein are reserved to LevelUp and its licensors. The license in this clause does not include permission to copy the design elements, “look and feel” or layout of this Site. Those elements are protected by law, such as trade dress, trademark, unfair competition, and other laws, and may not be copied or imitated in any manner. Subject to applicable law, LevelUp reserves the right to revoke the above permission at any time and to suspend or deny, in its sole discretion, your access to all or any portion of the Site with or without notice. Except as expressly provided in this Agreement, neither LevelUp nor any third party has conferred upon you by implication, estoppels, or otherwise, any license or right under any patent, copyright, trademark, trade secret or any other proprietary right. We may provide links to other websites (third party websites) from the Site. None of these are screened, moderated, approved, reviewed or endorsed by LevelUp or its participating Instructors. By viewing such sites, you agree that LevelUp or its participating Instructors are not responsible or liable for the content or any postings therein.
4. Rules For Online Conduct
If you use the services, you are solely responsible for communications posted by you or through your Account. You agree that violation of any of the following rules constitutes a material breach of this Agreement:
Using the Service for any purpose in violation of local, state, national, or international laws.
Providing false information on your registration form or impersonating any person.
Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others.
Posting or transmitting any information, data, text, files, links, software, chat, communication, or any other materials that are unlawful, harmful, threatening, abusive, invasive of another”™s privacy, harassing, defamatory, slanderous, vulgar, obscene, hateful, racist, embarrassing or otherwise objectionable to any other person or entity as determined by LevelUp in its sole discretion.
Posting or transmitting any unsanctioned advertising, promotional materials, or any other forms of unsanctioned solicitation, including, without limitation, “junk mail,” “Spam,” “chain letters,” or any unsolicited mass distribution of email.
Posting surveys, contests, or pyramid schemes.
Posting improper questions or answers that are not related to the particular topic.
Stalking, harassing, or otherwise harming others.
Distributing viruses, corrupted files, or any other similar software or programs that may damage the operation of another”™s computer.
Usage of LevelUp”™ or any Participating Instructor”™s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or emails.
Usage of any high-volume, automated or electronic means to access the Sites (including without limitation, robots, spiders, scripts or web-scraping tools).
Framing the Sites, place pop-up windows over its pages or otherwise affect the display of its page; Interference with or disrupting the Sites or servers or networks connected to the Sites, or disobeying any requirements, procedures, policies or regulations of networks connected to the Sites.
Accessing or attempting to access any other user”™s account, collecting or storing personal data about other users of the Site; Inducing, enticing, soliciting, recruiting, luring, or attempting to induce, entice, solicit, recruit, or lure users or Experts to another web site which, in LevelUp reasonable determination, is a competitor of LevelUp.
Engaging in any other conduct that inhibits any other person from using or enjoying the Q&A Service or the Site.
Engaging in any other behaviour on the Site, which in LevelUp sole discretion is unacceptable.
LevelUp may (but is not obligated to) remove Content for any reason, with or without notice to you, including without limitation Submissions (as defined below) that do not conform with the rules of Service and terminate your access to the Site.
5. User Material Submissions
Should you provide this Site with information, including without limitation, postings, feedback, data, questions, comments or suggestions (“Submissions”) those Submissions will be deemed not to be confidential. You grant LevelUp a royalty-free, perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt, modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and display the Submissions without any limitation and in any media or any form now known or later developed. LevelUp may sublicense these rights to third parties. Although LevelUp does not routinely screen or monitor content posted by users to the Site, LevelUp reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.
6. Online Course
The Site may, from time to time, offer online courses in a specific area of study or on a particular topic (an “Online Course”). LevelUp and the instructors of the Online Courses reserve the right to cancel, interrupt or reschedule any Online Course or modify its content as well as the point value or weight of any assignment, exam or other evaluation of progress. Online Courses offered are subject to the Disclaimer of Warranties / Limitation of Liabilities section below.
7. Disclaimer Of Student-institute Relationship
8. Fees And Taxes
Unless otherwise stated, all fees are quoted in INR. You are responsible for paying all fees and applicable taxes associated in a timely manner with a payment accepted by the Site. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. LevelUp reserves the right to change the fees at any time in its sole discretion. Any change, update, or modification will be effective immediately upon posting on our Site. Courses once purchased cannot be cancelled and the fees paid shall be non-refundable.
9. Copyright Infringement Notification & Other Reports
Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Site without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material. If you believe in good faith that materials on the Sites infringe your copyright, you (or your agent) may send us a notice (E-mail Id: “email@example.com”) requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow LevelUp to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notwithstanding the foregoing, LevelUp does not guarantee any action based upon the receipt of such information. ALL INQUIRIES NOT IN COMPLIANCE WITH THE ABOVE NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT WILL RECEIVE NO RESPONSE.
10. Your Representations & Warranties
You represent and warrant for the benefit of LevelUp and LevelUp licensors, suppliers, and any third parties mentioned on the Site that: (a) you are at least 18 years of age or have legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein; (b) that you are over the age of 13 as the Site is not intended for children under 13; (c) all information that you submit to us is true and accurate; (d) you will keep your registration information current; (e) you will be responsible for all use of your Account even if such use was conducted without your authority or permission (for example, and not by way of limitation, if an unauthorized third party submits or answers a question under your Account); (f) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement (for example, and not by way of limitation, abiding by the Service Rules); and (g) all Submissions are owned by you and if LevelUp uses the Submissions it does not infringe or violate the intellectual property or other rights of any third parties.
You agree to defend, indemnify and hold harmless LevelUp, its affiliates, members,officers, directors, employees, agents, licensors, and suppliers including the instructors of the Participating Institutions, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with your use of the Site or resulting from, or alleged to result from, your use of the Site or your violation of this Agreement.
12. Termination Rights
13. Disclaimers Of All Warranties And Duties
THIS SITE AND ALL CONTENT IS PROVIDED “AS IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITHOUT WARRANTY OF ANY KIND. LevelUp AND LevelUp LICENSORS GIVE NO EXPRESS WARRANTIES AND DISCLAIM: (A) ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; LACK OF VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, CURRENCY, OR USEFULNESS OF ANY CONTENT ON THE SITE; AND (B) ANY DUTIES OF REASONABLE CARE, WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN CONNECTION WITH THE SITE AND CONTENT IS WITH YOU. IN ADDITION, LevelUp DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT.
14. Limitation Of Liability And Remedies
IN NO EVENT WILL LevelUp LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY DAMAGES, OR ANY AND ALL OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PERSONAL INJURY, FAILURETO MEET ANY DUTY INCLUDING ACTS OF GOOD FAITH OR OF REASONABLE CARE, LACK OF NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS SITE, THE DELAY OR INABILITY TO USE THIS SITE, OR THIS AGREEMENT, EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT, OR BREACH OF WARRANTY OF LevelUp AND EVEN IF LevelUp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON, YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING WILL BE LIMITED TO DISCONTINUING YOUR USE OF THE SITE. THESE LIMITATIONS AND EXCLUSIONS REGARDING DAMAGES WILL APPLY EVEN IF ANY REMEDY FAILS. IF, HOWEVER, A COURT OF COMPETENT JURISDICTION DETERMINES THAT YOU ARE ENTITLED TO DIRECT DAMAGES PURSUANT TO APPLICABLE LAW, YOU AGREE THAT LevelUp LIABILITY WILL NOT EXCEED THE AMOUNT OF COURSE FEE PAID BY YOU AND YOU SHALL NOT BE ENTITLED FOR ANY LOSS OR DAMAGES FOR YOUR TIME SPENT OVER LevelUp. YOU ACKNOWLEDGE THAT THIS PROVISION IS FAIR.
15. Right Of Modification
17. Consent To Deal Electronically
Your use of the Site is conducted electronically and you agree that LevelUp may communicate with you electronically for all aspects of your use of the Site, including sending you electronic notices. If you do not wish to deal electronically, do not use this Site. Delivery of electronic notices is not infallible, so you agree to contact LevelUp if you need information about the Site. You agree to keep all records relating to your use of the Site and to print or make an electronic copy of this Agreement and any disclosures provided on the Site. Except as prohibited by law, you waive any law requiring different communication methods in connection with your use of this Site. LevelUp reserves the right, at its sole discretion, to deliver notices and disclosures by other means such as postal mail.
18. Entire Agreement
If any part of this Agreement is determined to be illegal, void, invalid or unenforceable, then the invalid or unenforceable provision (or portion) will be deemed superseded by valid, enforceable language that most closely matches the intent and allocation of risk in the original provision (or portion) and the rest of the Agreement will continue in full force and effect. The Agreement constitutes the entire agreement between you and LevelUp with respect to the Site and your use of the Site, and supersedes all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between you and LevelUp regarding the Site and your activities.
19. Geographical & Export Restrictions
You agree that all Content posted or accessible via the Site is subject to applicable export control laws and regulations of the Indian Government. You agree not to export or re-export any Content directly or indirectly, to any country not permitted by Indian government export restrictions.
20. Indian Law To Be Applicable: Jurisdiction At Bangalore, One Month-statute Of Limitations
This Agreement is governed by the law of India, without giving effect to the principles of conflicts of laws thereof. Your consent to this Agreement includes your consent to jurisdiction and venue in the courts in BANGALORE in all disputes arising out of or relating to this Agreement. LevelUp makes no claims that this Site is appropriate for viewing or accessing outside India. You consent to exclusive jurisdiction and venue in the courts of Bangalore, Karnataka. You waive all defenses of lack of jurisdiction, venue, or forum non-convenience. LevelUp performance of this Agreement is subject to existing laws and legal process, and you agree that we may comply with law enforcement or regulatory requests or requirements notwithstanding any contrary term of this Agreement. Any cause of action or claim you may bring in connection with the Site, including without limitation any Content, must be commenced within one (1) month after the claim or cause of action arises otherwise such claim or cause of action shall be deemed to be barred. In any dispute between LevelUp and you relating to this Site, the prevailing party will not be entitled to attorney’s fees, costs and expenses.