Uncle Sam Learning Pvt Ltd - Terms of Services

This document is an electronic record as per the Indian Contract Act, 1872, Information Technology Act, 2000, the rules made there under (as applicable), and the amended provisions pertaining to electronic records in various other statutes, as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, which require publishing the rules and regulations, privacy policy and Terms of Services for access or usage of our website http://upswinglearning.com/ (“site” or “Website”).

For the purpose of these Terms of Services, wherever the context so requires "You" or "User" shall mean any natural or legal person who visits our platform, either for the purpose of merely browsing the Website or with the intention of engaging or buying Our Services. The term "We", "Us", "Our" or “Firm” or “Uncle Sam Learning Pvt Ltd” shall mean Uncle Sam Learning Pvt Ltd.

These Terms of Services shall apply to all Users of the Website, including without limitation Users who are browsers as well as registered Users. Please read these terms and conditions carefully before accessing or using Our Website (“Terms of Services” or “Agreement”).

By accessing or using any part of the Website, You agree to be bound by these Terms of Services. If You do not agree to all the terms and conditions of this Agreement, then You may not access the Website or use any Services. If these Terms of Services are considered to be an offer, acceptance is expressly limited to these Terms of Services.

If You continue to browse and use this Website, You irrevocably and unconditionally are agreeing to comply with, abide by and to be bound by all the obligations as stipulated in this Terms of Services, which together with our Privacy Policy and any other applicable policies referred to herein or made available by us on the Website, shall govern Firm’s relationship with You in relation to the Website. Any new features or tools which are added to the Website shall also be subject to the Terms of Services.

You can review the most current version of the Terms of Services at any time on this page. We reserve the right to update, change or replace any part of these Terms of Services by posting updates and/or changes to Our Website. It is Your responsibility to check this page periodically for changes. These Terms of Services supersede all previous oral and written terms and conditions (if any) communicated to You and shall act as a binding Agreement between You and the Firm.

• SERVICES THROUGH WEBSITE

  
  

  • Uncle Sam Learning Pvt Ltd is an internet based administration portal that permits You to browse the Website, create a registered account and through the Account (as defined below) access our Services and avail our Services on the Website (“Services”).

  • The User can browse through the Website and gather information of the various Services related to multiple classes, courses, tests, institutes and other such Services that are provide by Us on the Website.

  • Although the Website and the Services are normally available, there will be occasions when the Website or other Services will be interrupted for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and equipment that are beyond the control of Firm.

  • Firm reserves the right to delete any content, information or data (“Content”) for a reasonable reason, without prior notice Content may be stored by Firm in order to comply with certain legal obligations and is not retrievable without a valid court order. Consequently, Firm encourages You to maintain Your own backup of User Content (as defined below). In other words, Firm does not provide backup Services ; Firm will not be liable to You for any modification, suspension, or discontinuation of the Firm Services, or the loss of any Content.

• YOUR INFORMATION

  
  

  • You agree to provide accurate, current, true and complete information required to register with Uncle Sam Learning Pvt Ltdand at other points as may be required in the course of using the Services ("Registration Data"). You further agree to maintain and update Your Registration Data as required to keep it accurate, current, true and complete. The Firm may independently verify Your Registration Data. The Firm may terminate Your access to any or all of the Services if any information You provide is false, inaccurate or incomplete. You agree that the Firm may (or through third parties, may) store and use the Registration Data You provide for use in maintaining Accounts.

  • As a registered User of the Services, You may receive or create an account ("Account"). You are solely responsible for maintaining the confidentiality and security of Your Account. You should not reveal Your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through Your Account, and You agree to immediately notify the Firm of any unauthorized use of Your Account or any other breach of security. Please e-mail Support Centre at anukamath@upswinglearning.com to notify the Firm in such event. The Firm shall not be responsible for any losses arising out of the unauthorized use of Your Account.

  • You further agree that the Firm may forward the Registration Data to its employees, officers, affiliates, group companies and to third parties providing billing, support and other Services for the purposes of providing the Services to You.

  • Your submission of personal information through the Website is governed by our Privacy Policy.

  • To view our Privacy Policy.

• REQUIREMENTS FOR USE OF THE SERVICES

  
  

  • By agreeing to these Terms of Services, You represent that You are at least 18 (Eighteen) years of age. You may not use our Services in case You are below the age of 18. Users who are minors, un-discharged insolvents etc. are not eligible to use our products or Services.

  • As a minor if You wish to use Our Services or Website, such use shall be made available to You by Your legal guardian or parents. Uncle Sam Learning Pvt Ltdwill not be responsible for any consequence that arises as a result of misuse of any kind of our products or Services that may occur by virtue of any person including a minor using the Services provided or by using the Website.

  • You agree and acknowledge that You will not use the Website, Services or the Account for any illegal or unauthorized purpose nor may You, in the use of the Services, violate any laws in Your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms of Services will result in an immediate termination of Your Account.

  • We reserve the right to refuse Services to anyone for any reason at any time. You understand that information provided by You on the Account or on the Website, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services or the website, use of the Services or the Website, or access to the Services or any part of the Website through which the Services is provided, without express written permission provided by Us.

  • Registration and accounts

    
    
    • You may register for an account with our website by [completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you].
    • You must not allow any other person to use your account to access the website.
    • You must notify us in writing immediately if you become aware of any unauthorised use of your account.
    • You must not use any other person's account to access the website[, unless you have that person's express permission to do so].

  • User login details

    
    
    • If you register for an account with our website, [we will provide you with] OR [you will be asked to choose] [a user ID and password].
    • Your user ID must not be liable to mislead; you must not use your account or user ID for or in connection with the impersonation of any person.
    • You must keep your password confidential.
    • You must notify us in writing immediately if you become aware of any disclosure of your password.
    • You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

• MODIFICATIONS TO THE SERVICES AND PRICES

  
  

  • Prices for our Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to You or to any third-party for any modification, price change, suspension or discontinuance of the Services.

• ACCESS AND RESTRICTIONS TO SERVICES(S)

  
  

  • Our Services is available exclusively online through the Website. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at Our sole discretion. We reserve the right to discontinue any product at any time. We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Services will be corrected.

• INACCURACIES, OMISSIONS AND ERRORS

  
  

  • Occasionally there may be information on this Website or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Services or on any related Website is inaccurate at any time without prior notice (including after You have submitted Your Content). We undertake no obligation to update, amend or clarify information in the Services or on any related Website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Services or on any related Website, should be taken to indicate that all information in the Services or on any related Website has been modified or updated.

• REPRESENTATION AND WARRANTIES:

  
  

  • You hereby represent as follows:

    • You will not use any other person’s name or identity to create the Account and shall not use words that are vulgar, obscene or in any other way inappropriate.

    • For the purpose of registration, if You have submitted documents which evidence the above to the Firm for the registration, Subscriber represent and warrant that all such documents and their particulars are true and have not been obtained through any unfair, fraudulent, unethical, suspect or illegal means.

    • The Account will be unique and exclusive for Your use and You will be liable for any actions made through this Account.

    • It is Your responsibility to manage the usage or access of the Account by and by any such third party (including Your affiliates, assistants, agents, sub-agents, consultants or any other third party that is related to You) and You shall be responsible for any damage caused by such third party through usage of Your account or to the Website.

    • You will use the Services and Website in accordance with applicable law. Any contravention of applicable law as a result of Your use of these Services or the Website is Your sole responsibility, and Firm accept no liability for the same.

    • In case of breach of the abovementioned conditions the Firm holds all the rights to suspend Your Account or and not provide You with a registration to use the Website or restrict Your usage of Website.

• INTELLECTUAL PROPERTY RIGHTS

  
  

  • Acknowledgement of Ownership

    You agree that the Website and the Services including but not limited to the Account, website designs, source codes, databases, functionality, graphics, demos, logos, page headers, button icons, scripts, Services names and editorial content, Account dashboard contains proprietary information and material that is owned by the Firm and is protected by applicable intellectual property and other laws, including but not limited to copyright and trademarks, and that You will not use such proprietary information or materials in any way whatsoever except for use of the Services(s) in compliance with the terms of this Agreement. You shall not exploit the Services(s) in any unauthorized way whatsoever.

  • Copyrights

    All copyrights in and to the Website and the Services(s), including but not limited to Account, website designs, source codes, databases, functionality, graphics, demos, logos, page headers, button icons, scripts, Services names and editorial content, Account dashboard, and software, are owned by the Firm. THE USE OF ANY PART OF THE WEBSITE OR SERVICES, EXCEPT FOR USE OF THE WEBSITE OR SERVICES AS PERMITTED IN THESE TERMS OF SERVICES, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

  • Trademarks

    The Uncle Sam Learning Pvt Ltdlogo and other trademarks, Services marks, graphics, and logos used in connection with the Website and Services(s) are trademarks or registered trademarks of the Firm. Other trademarks, Services marks, graphics, and logos used in connection with the Services may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

• USER CONTENT

  
  

  • You are solely responsible for all User Content (as defined below) that You upload, post, email, transmit or otherwise make available on or through the Your Account (collectively, "Post"). "User Content" means any inputs, information, data, reports, messages or content submission or information of any type or medium, including but not limited to: letters, emails or other messages; through the Services or the Account; personal User information; personal details; data, notes and reports; images; audio or video files that You Post.

  • You may only Post User Content which You own, have created or which You have clear permission to Post. You acknowledge and agree that the Firm does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libellous, privacy invading, harmful, or otherwise objectionable, or may infringe upon the intellectual property or other rights of any third party. You acknowledge that the Firm does not pre-screen User Content, and has no obligation to do so, but that the Firm and its designees will have the right (but not the obligation) in their sole discretion to reject or remove User Content which is not appropriate.

  • The performance of the Services is based upon the User Content that You upload through Your Account on Our Website and therefore it is Your sole responsibility to upload accurate User Contents so that We can deliver the Services free of any error or discrepancies.

  • Proprietary Rights in User Content Posted

    You hereby grant to the Firm the non-exclusive, perpetual, fully paid and royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, and translate such User Content ("Submissions"). You represent and warrant that: (1) You own the User Content Posted by You on the Website or by using Our Services(s), (2) Your User Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (3) the posting of Your User Content on the Website or through the Services does not result in a breach of any contract between You and a third party.

  • The Website may contain advertisements of third parties. The advertisements on the Website are labelled “advertisement.” The Firm does not explicitly or implicitly endorse third parties in exchange for advertising and advertising does not influence editorial content, products, or services.

• TERM AND TERMINATION

  
  

  • Termination by the Firm

    This Agreement shall remain in full force and effect while You use the Website and Services(s) or are otherwise a user of the Website. You may terminate Your use or participation at any time, for any reason, by following the instructions for terminating user accounts in Your Account settings. If You fail, or the Firm suspects that You have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment for the Services availed through the Website, failure to provide the Firm accurate and complete Registration Data, failure to safeguard Your Account information, or violation of any of the provision of this Agreement, the Firm, at its sole discretion and without prejudice to any other remedies available to it, without notice to You may terminate this Agreement and/or Your Account.

    Any provisions of this Agreement that, in order to fulfil the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfil such purposes. In order to protect the integrity of the Firm and Services, the Firm reserves the right at any time in its sole discretion to block certain IP addresses from accessing the website.

• DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY

  
  

  • THE FIRM HAS TAKEN ALL MEASURES TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT BUT HOWEVER THE FIRM DOES NOT GUARANTEE, REPRESENT, OR WARRANT, NOR SHALL BE RESPONSIBLE FOR THE NATURE OF ALL OF THE CONTENT AVAILABLE ON THE WEBSITE OR THE INTERNET OR YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THE SERVICES PROVIDED THROUGH THE WEBSITE WILL UNINTERRUPTED OR ERROR-FREE. AND YOU AGREE THAT FROM TIME TO TIME THE FIRM MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.

  • YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE FIRM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS AND CONTRACTORS, OR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE FIRM MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM.

  • THE FIRM SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE FIRM HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. IN NO EVENT SHALL THE FIRM OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE/APP OR THE SERVICES.

• WAIVER AND INDEMNITY

  
  

  • BY USING THE SERVICES, YOU AGREE TO INDEMNIFY AND HOLD THE FIRM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY THE FIRM AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE FIRM, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE FIRM'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

• NOTICES

  
  

  • The Firm may send You notice with respect to the Services by sending an email message to the email address anukamath@upswinglearning.com or by sending a letter via postal mail to the contact address listed in contact information of TBC. Notices shall become effective immediately.

• Miscellaneous

  
  

  • Governing Law:

    This Agreement shall be governed by and interpreted in accordance to the laws of India. Any claim, difference(s), dispute arising from the subject matter of this agreement shall have jurisdiction of Court at Bangalore.

  • Counterpart:

    This agreement may be executed in any number of counterparts, each of which when executed and delivered shall constitute a duplicate original, but all counterparts together shall constitute a single agreement.

  • Entire Agreement:

    The Terms of Services are the entire agreement between You and the Firm with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between You and Firm with respect to the Services.

  • Severability:

    If any provision of the Terms of Services is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Services will otherwise remain in full force and effect and enforceable.

  • Waiver

    The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

  • Assignment:

    The Terms of Services are personal to You, and are not assignable or transferable by You except with our prior written consent. Firm may assign, transfer or delegate any of our rights and obligations hereunder without consent.

  • Agency:

    No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Services and neither party has any authority of any kind to bind the other in any respect.