Terms of Use

These Terms of Use set out the terms and conditions for use of this undefined and any content, Discussion Forums, or services offered on or through the Website (collectively referred to as the “Website”).

These Terms of Use apply to end users on the Website (referred to as “Learners”, “You”, “Your”).  These Terms of Use, including the Privacy Policy (collectively referred to as the “Agreement”), define the relationship and responsibilities between You and Grapher (as defined herein) in using the Website. Your access to the Website is subject to Your acceptance of this Agreement. Hence, please take Your time to read this Agreement. 

When we speak of“Grapher”, ‘we’, ‘us’, and ‘our’, we collectively mean the creator of this Website and the content/materials/services contained therein.

By accessing this Website, You are agreeing to be bound by the terms of this Agreement, all applicable laws and regulations. From time-to-time, versions of the above-mentioned policies and terms are made available on the Website for Your reference and to understand how we handle Your personal information. By using or visiting the Website and services provided to You on, from, or through the Website, You are expressly agreeing to the terms of the Agreement and any other terms that are updated from time to time. Further, please note that since this Website is hosted on https://www.graphy.com, a platform provided by Graphy, You are also agreeing to be bound by Graphy’s Terms of Use, Privacy Policy and any other terms and policies that may be published on the said platform.

If You disagree with any part of this Agreement or do not wish to be bound by the same, then please do not use the Website in any manner.

1.      Access and Registration: If You’re an individual You must be at least 18 (eighteen) years of age, or, if You are between the ages of 13 and 18, You must have Your parent or legal guardian's permission to use the Website. By using the Website, You are, through Your actions, representing and warranting to us that You have obtained the appropriate consents/permissions to use the Website. If You are under the age of 13 years, You may neither use our Website in any manner nor may You register for any content or services offered therein.

To access any Content (as defined below) offered on the Website, we require You to register for the same by providing Your name and email address. Please read our Privacy Policy to understand how we handle Your information. Further, You may also be required to make payment of a fee to access the Content, if applicable. For more information, please read our ‘Payments & Refunds’ section below. You represent that the information indicated by You during Your enrolment or registration for any Content on the Website, is true and complete, that You meet the eligibility requirements for use of the Website and the Content offered therein, and You agree to update us upon any changes to the information by writing to us at the contact information provided in the ‘Contact Us’ section below. 

For the purpose of this Agreement, “Content” shall mean and include any course or session (whether pre-recorded or live) published by the Grapher on the Website, including, but not limited to any reference materials and text files (if any) offered to You as part of the Content.

When You register or enrol for any Content on the Website, You may also have access to a discussion forum that enables You to exchange Your thoughts, knowledge in relation to the Content or its subject-matter, with us and other registrants to the Content (“Discussion Forum”). Discussion Forums are specific to each Content that You enrol or register for; accordingly, You may have access to more than 1 (one) Discussion Forum depending on the number of Content You enrol or register for on the Website. Participating in the Discussion Forum is completely Your choice and by registering or enrolling to a Content on the Website, You are not obligated to participate in such Discussion Forum.

We maintain and reserve the right to refuse access to the Website or remove content posted by You in the Discussion Forums, at any time without notice to You, if, in our opinion, You have violated any provision of this Agreement. 

Further, to access the Website and/or view the content on the Website, You will need to use a “Supported/Compatible Device” which means a personal computer, mobile phone, portable media player, or other electronic device that meets the system and compatibility requirements and on which You are authorized to operate the Website. The Supported/Compatible Devices to access the Website may change from time to time and, in some cases, whether a device is (or remains) a Supported/Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. Accordingly, devices that are Supported/Compatible Devices at one time may cease to be Supported/Compatible Devices in the future. Thus, kindly make sure that the device that You use is compatible with any of the systems/software used on the Website to access the content/material offered therein.

2.         License to Use:  You are granted a limited, non-exclusive license to access and view the Content on the Website for Your own personal, non-commercial use only. Further, if so allowed on the Website, You may temporarily download one copy of any downloadable Content [including Grapher Content (defined below)] on the Website for personal and non-commercial transitory viewing only.

 

This license does not grant You the right to assign or sublicense the license granted under this Agreement to anyone else. Further, You may not-

(a).        modify, edit or copy the Content, Grapher Content or any material made available on the Website;

(b).        create derivative works or exploit any material made available on the Website (including the Content and Grapher Content) or any portion thereof (including, but not limited to any copyrighted material, trademarks, or other proprietary information contained therein) in manner that is not permitted under this license granted to You;

(c).         publicly display (commercially or non-commercially) the Content, Grapher Content or any material made available on the Website or otherwise use the same for any commercial purpose;

(d).        attempt to decompile or reverse engineer any software contained in the Website;

(e).        remove any copyright or other proprietary notations from the Content, Grapher Content or any material made available on the Website; or

(f).          transfer the any material made available on the Website to another person or 'mirror' the same on any other server.

For the purpose of this Agreement, “Grapher Content” shall mean and include any audio files, video files, audio-visual files, images, text materials (including .doc, .docx, and .pdfs) (other than the Content) uploaded or otherwise published on the Website by the Grapher to be accessed by You, including, but not limited to any such content/material posted by the Grapher in any Discussion Forum (defined below).

This license shall automatically terminate if You violate any of these restrictions and may be terminated by us at any time. Upon termination of this license granted to You or Your viewing of any material on the Website (including Content and Grapher Content), You must destroy any downloaded materials in Your possession (whether in electronic or printed format).

3.      Communications on the Website: The Website includes provision and facilitation of Discussion Forums designed to enable You to communicate with us and other registrants to the Content You have registered for. As stated above, use of these Discussion Forums are completely your choice and by registering for a Content, you are not obligated to participate in the Discussion Forum. However, if You choose to participate, You agree to adhere to the terms specified in the ‘Code of Conduct’ section hereinbelow.  If it comes to our notice that Your conduct is in violation of the terms of this Agreement, then we may terminate or suspend Your access to any Discussion Forums at any time, without notice, for any reason. You represent and warrant that You own and control all rights in and to any content (including without limitation chats, postings, or materials) uploaded or posted by You on the Discussion Forums (“Learner Content”), or that You are licensed to use and reproduce such Learner Content. We are not responsible for the information that You choose to share on the Discussion Forums, or for the actions of other users therein. You further understand and agree that You, shall be solely responsible for the Learner Content including its legality, reliability, accuracy, and appropriateness, and the consequences of its publication.

 

Further, if you do post content or submit any Learner Content on the Website, and unless otherwise indicated by You in writing (emails included) to us, You hereby grant us a non-exclusive, royalty-free, irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Learner Content throughout the world in any media.

 

4.        Code of Conduct: You agree to the following: 

 

(a).  Legitimate usage of the Website: You agree to use the Website only for lawful purposes and You are not allowed to use our Website to engage in any kind of activity that violates any applicable central, state, local, federal or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the USA or other countries). Also, You agree that You will not use the Website in any manner that would disrupt, damage or impair the Website or access to it, in any manner, including promoting or encouraging illegal activity such as hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Website and conduct of any form of fraudulent activity.

(b).    No harmful or dangerous content: Any content which incites or promotes violence, that may cause physical or emotional harm or that may endanger the safety of any individual or is otherwise objectionable is expressly prohibited on the Website. The Website is to be used only for the permitted uses as detailed under this Agreement.

(c).     No hateful or defamatory content: We realise that there may be instances when there are exchange of ideas and opinions which is essential in the learning process, while we agree that individuals have the right to voice their opinion, we do not encourage or tolerate any form of hate speech or statements that are libelous, slanderous, threatening, violent, predatory, defamatory, or any statement that incites hatred against specific individuals or groups with respect to but not limited to race or ethnic origin, country caste, religion, disability, gender, age, sexual orientation/gender identity etc.

(d).     Violent and graphic content: Any content, the sole objective of which is to sensationalise, shock or disturb individuals is not allowed. We do not allow any content that promotes terrorist acts or incites violence, to be uploaded on the Website in any manner.

(e).     Harassment and bullying: We do not tolerate any form of harassment or bullying on the Website and strive to keep the Website a safe space to foster learning. Harassment in this case would include, without limitation, to abusive videos, comments, messages, revealing someone’s personal information, including sensitive personally identifiable information of individuals, content or comments uploaded in order to humiliate someone, sexual harassment or sexual bullying in any form.

(f).     Spam: Posting untargeted, unwanted and repetitive content, comments or messages with an intention to spam a Discussion Forum or otherwise the Website and to drive traffic from the Website to other third-party sites is in direct violation of this Agreement. Posting links to external websites with malware and other prohibited sites is not allowed.

(g).     Scams: Any content uploaded or posted in order to trick others for their own financial gain is not allowed and we do not tolerate any practices of extortion or blackmail, either.

(h).     Privacy violation: Kindly refer to our Privacy Policy to know how to protect Your privacy and respect the privacy of other Users.

(i).      Impersonation: Impersonating another person, including but not limited to, another learner, is not permitted while using our Website. In this case impersonation would mean the intention to cause confusion regarding who the real person is by pretending to be them (such as using names, image, documents, certificates etc. not belonging to You or not used to identify You, or pretending to be a company, institute, group etc., by using their logo, brand name or any distinguishing mark).

(j).          Unauthorized Access or Disabling of Website: You agree not to (i) use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other user’s use of the Website; (ii) not to use any manual process to monitor or copy any of the material on the Website or for any unauthorized purpose; (iii) use any device, software, or routine that interferes with the proper working of the Website; (iv) attack the Website via a denial-of-service attack; (v) attempt to gain unauthorized access to, interfere with, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to or associated with the Website; and (vi) introduce any viruses, trojan horses, worms, keystroke loggers, malware, or other material which is malicious or technologically harmful to the Website.

If any violation of the above rules of conduct comes to our notice, then, we reserve the right to refuse Your access to the Website, terminate accounts or remove such violating content at any time without notice to You.

5.             Intellectual Property:

We own all information and materials, including Content and Grapher Content (in whatever form or media) provided or communicated to You by or on behalf of us including but not limited to, the Website, trademarks, trade dress, logos, wordmarks, illustrations, letters, images, ideas, concepts, the layout, design, flow, look and feel of the Platform, logos, marks, graphics, audio files, video files, any software which is owned by or licensed to us, instructions embedded in any form of digital documents and other data, information, or material made available to You by us (“Grapher’s Intellectual Property”). Grapher’s Intellectual Property, including the copyrights and trademarks contained therein, may not be modified by You in any way.  You acknowledge and agree that You do not acquire any ownership rights to Grapher’s Intellectual Property by use of the Website or any part thereof.  You acknowledge and agree that the Grapher’s Intellectual Property is protected by the applicable intellectual property laws, including international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorized use, reproduction, modification, distribution, transmission, republication, display or performance of the Grapher’s Intellectual Property or any component thereof is strictly prohibited. 

6.             Feedback: If You submit suggestions, ideas, comments, or questions containing product feedback about any Content, the Website or any part thereof, either through the Discussion Forum or otherwise (“Feedback”), then You grants to us a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable right to use (and full right to sublicense), reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, and display such Feedback in any form.  You shall have no intellectual property right in any Content, Website or any part thereof, as a result of our incorporation of Feedback into any Content or the Website.

 

7.             Payments and Refunds: To register/enrol for any Content, You may need to pay a fee as may be applicable (“Course Fee”). Payment of such Course Fee shall be processed by Stripe or Razorpay (as applicable), which are third-party payment processors. Your payments may be subject to applicable taxes, so we suggest that You read terms and policies of Stripe and/or Razorpay (as applicable) to understand the same better. Once You purchase access to a Content on the Website, the same cannot be cancelled and there shall be no refund of the Course Fee, unless otherwise stated in our Refund Policy.

 

As stated above, we use third-party service providers to enable You to make payment for the purchases made on the Website. Accordingly, it is hereby clarified that we do not capture and/or store any of your sensitive personal information. While making payments through such third-party payment gateways/service providers kindly ensure to read through their terms and conditions.

 

8.             Disclaimer: THE WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE GRAPHER, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, THE GRAPHER PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE WEBSITE OR THE SERVICES OR PRODUCTS OFFERED THEREIN WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

 

WITHOUT LIMITING THE FOREGOING, THE GRAPHER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE WEBSITE, OR THE INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEBSITE; OR (IV) THAT THE WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAILS SENT FROM OR ON BEHALF OF THE GRAPHER ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.

 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.

 

9.             Limitation of Liability: In no event shall the Grapher be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the Content or any other materials on the Website, even if the Grapher or any authorized personnel of the Grapher has been notified orally or in writing of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, so, some or all of these limitations may not apply to You.

 

10.         Indemnity and Release: You shall indemnify and hold harmless the Grapher and where applicable, its officers, directors, agents and employees, from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of Your breach of this Agreement or any document incorporated by reference, or Your violation of any law, rules, regulations or the rights of a third party.

 

11.         Links to Third Part Website: Grapher has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by the Grapher of such site. Use of any such linked website is at the Your own risk.

 

12.         Governing Law and Jurisdiction: In unlikely event of dispute between us, this Agreement shall be governed by and construed in accordance with the laws of India. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, India

 

13.         Miscellaneous:

(a)          Alteration of Website or Amendments to the Conditions: We reserve the right to make changes to our Website, policies, and this Agreement at any time. We will post the new terms with a revision date indicated at the top or if deemed practicable. You should check our Platform frequently to see recent changes. You will be subject to the Agreement and the policies in force at the time that You use the Website or any part thereof, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by You). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

(b)          Waiver: If You breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where You breach these conditions.

(c)           Assignment: You may not assign or transfer this Agreement, by operation or law or otherwise. Any attempt by You to assign or transfer this Agreement will be null and void.

(d)          Severability: If any provision of this Agreement will be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision will be limited to the minimum extent necessary so that this Agreement will otherwise remain in effect.

(e)          Events beyond our reasonable control: We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect Your statutory rights.

 

 

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