Terms of Use

Published: 21-June-2023

Effective: 28-June-2023

  1. General
    1. The Platform is owned and operated by StepUpwards Learning Private Limited (“StepUpwards”), a company incorporated under the Companies Act, 2013 and having its registered office at No. 14, Bhattarahalli, Old Madras Road, KR Puram, Bangalore, Karnataka 560049, India.
    2. StepUpwards is an online marketplace using its Platform to allow Instructors and Learners to connect, teach, train, and learn. StepUpwards has been providing such services via their Platform through various course instructors. 
    3. For the purpose of this electronic record, wherever the context so requires, the terms “you”, “your”, shall mean and refer to any natural person or legal entity who accesses the Platform.
  2. Definitions:
    1. “Information” means the information, material and content provided in the pages of the Platform, website and the courses of StepUpwards including the Submitted Content and Training Services. 
    2. “Instructor” means any natural or legal person conducting the courses and providing Training Services on StepUpwards’ Marketplace, including but not limited to, any content, promotional material, course material, notes, video content, live streaming content, assignments, resources, questions, answers to questions, etc.
    3. “End User” means any natural or legal person who is the authorized actual user (may be an individual, or a part of any organization) of the Training Services and/or Submitted Content available on StepUpwards’ Marketplace. Notwithstanding the authorization to any natural person for promotional, illustration or demonstration purposes, the End User will be authorized to use the Platform pursuant to the payment(s) made by the Client. The term “Learner” may be used for the same purpose and to signify any “End User”. 
    4. “Platform” means StepUpwards’ website www.stepupwards.com (hereinafter, the “Website”) and application for mobiles and hand held devices (hereinafter, the “App”) and its integrated systems, and/or APIs thereunder.
    5. “Submitted Content” means any and all content (including any adaptions, updation, modifications, and versions thereof) posted on StepUpwards’ Marketplace by the Instructor as part of the Training Services, including but not limited to, any content, promotional material, course material, notes, video content, live streaming content, assignments, resources, questions, answers to questions, etc.
    6. “Training Services” are the educational services (including courses, teaching, training, skill development, subscription services, Other Products and any Submitted Content) relating to the courses, which the Instructors provide to Learners on StepUpwards’ Marketplace via the Platform. The Training Sessions are hosted by StepUpwards on the AWS S3 Server Space and/or Vimeo.
    7. “User” means and refers to any natural person or legal entity accessing the Platform including the Instructors, Business Partners, Clients, Learners, or any other person/entity accessing the Platform.
    8. “Business Partner” means and refers to any natural or legal person who has agreed to become a business partner and by registering on the Platform as a registered business partner for the purpose of conducting sales and/or approaching other organizations for and on behalf of StepUpwards to subscribe to or purchase the Training Services on the Platform.
    9. “Client” means and refers to any natural person or legal entity (or is authorized by any natural person / legal entity) who has agreed to become a buyer/ Client on the Platform by registering on the Platform for or as a user to access and use the courses, Submitted Content and Training Services. 
    10. “Other Products” means those products and services offered by StepUpwards, which are not included in the Training Services/ Submitted Content. 
    11. “Confidential Information” means all confidential information disclosed by a party ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential. Confidential Information shall not include any information that
      1. is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party,
      2. was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party,
      3. is received from a third party without breach of any obligation owed to the Disclosing Party, or
      4. was independently developed by the Receiving Party.
    12. “Money Back Period” in every Training Service means the period till the completion of two hours or two training sessions whichever is earlier. The charges for such period are included in the charges for the Training Service.
  3. By access and use of this Platform, the User of the Platform accepts and agrees to be bound by and comply with the Terms set hereinbelow (“Terms”). The User expressly represents that he / she 
    1. has read and understood these Terms; 
    2. has the capacity to be bound by these Terms; 
    3. has the relevant authority to bind such company or entity if acting on behalf of a company or entity; 
    4. will not violate any rights such as copyright or trademark rights; 
    5. has not been or is not suspended or removed from the Platform by StepUpwards for any reason; and
    6. is responsible for all activities associated with your account.
  4. Account Management
    1. You must protect your account details and credentials. In case of any suspicious activity, you must inform the support team of StepUpwards at support@stepupwards.com  
    2. You cannot transfer your StepUpwards account to someone else or use someone else’s StepUpwards account. Upon the death of any User, the account will be closed. 
    3. The access of any User’s account will not be shared with any other person/entity, unless required by law. 
  5. Disclosures
    1. The Terms applies to all Business Partners, Users, Clients, Learners, Instructors and other visitors or browsers of the Platform. For the purpose of this electronic record, wherever the context so requires, the terms “you”, “your”, shall mean and refer to any natural person or legal entity who accesses the Platform. 
    2. The Information on the Platform may be changed at any time without prior notice. Such change may be notified to the User. 
    3. StepUpwards is not responsible for reviewing the content posted by the Users on the Platform, including the interactions and dialogues exchanged among the Learners, Instructors and any other person/entity. 
    4. The User assumes the risks in following the Submitted Content and Training Services. The User is completely responsible for any and all consequences of following such Submitted Content and Training Services and the information obtained thereof. 
    5. StepUpwards is not responsible to hide or keep such content away from the User which the User may find offensive, indecent or objectionable. 
    6. StepUpwards is not responsible for the interactions or exchanges among the Users and any other person/entity or any consequences thereof. 
    7. Information provided by StepUpwards or through the Instructors is believed to be reliable when posted, but StepUpwards does not warrant that the information contained is accurate, current or complete, and hereby disclaims any and all liability to all persons/entities for any loss or damage caused. 
    8. StepUpwards assumes no liability for the interpretation and / or use of the information contained on this Platform, nor does it offer a warranty either expressly or impliedly. 
    9. StepUpwards is not and will not be held responsible for any Information modified, edited or taken out of context such that its use creates a false or misleading statement or impression. 
    10. The links from this Platform to other platforms, are not to be considered as referrals, endorsements. Such platforms or links may not be active or always available.
    11. StepUpwards does not represent or warrant that the Platform will always be available or that access will be uninterrupted, or without delays; failures; errors; omissions; or loss of transmitted information, that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to the User’s computer system/ mobile/ handheld device. The User has the sole responsibility for adequate protection and backup of data and / or equipment and to take reasonable and appropriate precautions to scan for viruses or other destructive properties. 
    12. The control and maintenance of this Platform is from India. StepUpwards makes no representations that the Information contained in this Platform are appropriate or permitted for use in jurisdictions outside India. 
    13. Each of the restrictions contained in the Terms are considered reasonable by StepUpwards and are intended to be separate and severable.
    14. Any and all liability of StepUpwards to the User is limited to the total amount of payment made by the User to StepUpwards in the preceding three (3) months. 
    15. No claims or actions can be brought against StepUpwards for the use of the Platform by the User after twelve months after such cause of action has taken place.
    16. The use of the Training Sessions and Submitted Content are designed for learning and skill development of Users.
  6. Conditions for use
    1. Mere use of this Platform does not create any relationship with StepUpwards. Any transmission, receipt or use of this Platform and Information or sending an email, will not create or constitute a relationship with StepUpwards. 
    2. Prior to using the Platform, you should make yourselves aware of the laws of your respective country or those applicable in relation to any of the Information. You are responsible for compliance with applicable local, national or international laws, including prohibition from accessing Indian websites if so barred by applicable laws. 
    3. The Users have access to the Information and no other use. Such access cannot be sold or shared with any other person. 
    4. The Instructors give the Learners and Users access to the Submitted Content and Training Services through StepUpwards. Access of the Platform and any Information to any User is only permitted through StepUpwards. 
    5. Notwithstanding anything contained in any explicit agreement with StepUpwards, any use of the Platform other than the conditions mentioned above is strictly prohibited and impermissible. 
    6. Any unlawful use of the Platform is strictly prohibited and punishable under law. Appropriate measures will be taken against such actions. 
    7. StepUpwards reserves the right to ban the User for indefinite period pursuant to repeated breaches of the Terms or unlawful use of the Platform. 
    8. The Learners are strictly prohibited from submitting any plagiarized content in the form of answers, assignments or in any other form. StepUpwards reserves the right to take suitable action for breach of such condition. All submissions made by the Learners on the Platform have to be respectful language and abstain from harming any religious, racial, ethnic or communal sentiments. 
    9. StepUpwards can use the Information, Submitted Content, Training Services, and any other post made on the Platform for promotional, advertisement, marketing, illustration and other such purposes. StepUpwards will not be held liable to the User or any other person for such use of the content posted on the StepUpwards Platform. 
    10. The User authorizes StepUpwards to use the posts made on the Platform to reproduce, distribute, and promote on any platform and in any media deemed fit by StepUpwards. You waive all claims, restrictions, or limitations to the use of the content posted and warrant that you have the requisite rights, authority, ownership and power to authorize the use of the content posted. The User will not receive any additional compensation for such authorization. 
    11. The User will be responsible for any unauthorized use of the Platform including modifications, tampering or reproductions made by the User. 
    12. You will indemnify, defend and hold StepUpwards harmless, at your expense, against any third-party claim, suit, action, or proceeding brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by any party to the extent that such action is based upon or arises out of 1. your use of the Platform, 2. use of data, and information provided by you, 3. your non-compliance or breach of the Terms, or 4. your use of the StepUpwards Demo Account. You will not accept any settlement or make any representations on behalf of StepUpwards without the prior written approval of StepUpwards. 
    13. The User will waive all rights of using the Platform, and will be liable for breach of the Terms if found to be reflecting negative, defamatory, disparaging, false and inappropriate review, or comment about StepUpwards.
    14. The User is responsible for using, accessing, viewing and browsing the Platform including the Training Sessions and Submitted Content from public place for the purpose of professional learning and skill development. It is the User’s responsibility to not share any sensitive or personal information and to be in a public place where privacy is temporarily relinquished at all such times.
    15. The User and the Client consent to the recording of the Training Sessions by StepUpwards for internal monitoring and quality assessment. Such recordings may be converted into transcripts by using any third party software, tools or services.
    16. The recording or transcripts of the Training Sessions can be stored, shared, or reviewed by StepUpwards for any authorized purpose. Such authorized purposes include quality monitoring, training, illustrations, disposition, order from competent authority, or any other use deemed fit by StepUpwards.
  7. StepUpwards’ Rights
    1. The Users are not granted or assigned any rights to the Platform or Training Services by access.
    2. StepUpwards retains all rights of the Platform and / or Training Services, including the intellectual property rights thereof.
    3. No single or partial exercise, or failure or delay in exercising any right, power or remedy by StepUpwards shall constitute a waiver by it of, or impair or preclude any further exercise of, that or any right, power or remedy arising under these Terms or otherwise.
  8. Force Majeure: StepUpwards will not be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by StepUpwards; government restrictions; or other event outside the reasonable control of StepUpwards.
  9. Confidentiality
    1. You acknowledge that except with prior written permission of StepUpwards you will abstain from the following:
      1. Disclose any Confidential Information either directly or indirectly to any person, firm or body corporate.
      2. Make copies, reproduce, publish in any manner any of the Confidential Information in print media, social media or in any other form.
      3. Use the Confidential Information for any other purpose other than carrying out the conditions set out in the Terms.
      4. Make any claim from StepUpwards for the right of such Confidential Information or object to StepUpwards ownership of the Confidential Information. 
    2. You will remain bound by the Confidentiality Clause even after the termination of your engagement with StepUpwards. 
    3. You will take all necessary steps and comply with all steps taken by StepUpwards for the protection of the Confidential Information. 
    4. You agree to co-operate with StepUpwards and sign any specific confidentiality agreements that may be required from time to time.
  10. No liability
    1. StepUpwards is not responsible for and will not be liable to anyone for any direct damages, indirect damages or other amounts whatsoever arising out of or in connection with the use of the Platform or the Information contained therein, or for any action or decision made by User, or any unauthorised use or reproduction of the Platform or the information therein. 
    2. The User understands that the platform is used by him / her solely at his / her own risk, cost and liability. 
  11. Termination
    1. StepUpwards with or without any reason, may immediately terminate access to the Platform. 
    2. StepUpwards may terminate or temporarily suspend access to the Platform
      1. for breach or violation of these Terms;
      2. as per applicable governmental regulations and notifications; or
      3. in case of technical issues or problems. 
    3. Users agree that StepUpwards shall not be liable in any manner whatsoever to either him / her or any third party for any termination of access to this Platform.
    4. StepUpwards may terminate all agreements with the User pursuant to any violation of applicable laws, breach of the Terms or for any unlawful, inappropriate, or objectionable behaviour or content. 
  12. Investigations
    1. StepUpwards is an institution that fosters zero tolerance to fraud and corruption. The User hereby agrees to abstain from fraud and/ or corruption, and to report any suspected fraud, corruption, or any activity that jeopardizes the integrity of StepUpwards, and its staff, to StepUpwards.
    2. StepUpwards reserves the right to investigate any reported violations of these Terms and to take any action deemed necessary and appropriate. In addition, we may take action to disclose any information necessary or appropriate to such persons or entities relating to User’s profiles, email addresses, usage history, IP addresses and traffic information.  
  13. Any version of these Terms in a language other than English may be provided for convenience upon request. If there is any conflict with a non-English version, you agree that this English language version of these Terms (along with any changes thereto) will prevail.
  14. You may want to print a copy of these Terms for future reference.
  15. This electronic record is generated by a computer system and does not require any physical or digital signatures.
  16. By using this Platform, clicking the “I accept” button or completing the registration process, you agree and acknowledge that you have reviewed these Terms, have given your consent, and accepted this agreement.
  17. Representations:
    1. StepUpwards wholly owns the stepupwards.training domain ("Domain") and for the sake of convenience custom email addresses of the Domain are used by Business Partners to facilitate the services provided by StepUpwards. Any communication or representation on behalf of StepUpwards from the Domain is at the sole discretion of the Business Partner, and not binding on StepUpwards. Report to support@stepupwards.com for any clarifications or issues.
    2. No communication or representation is binding to StepUpwards unless accompanied with due authorization for such specific representation or undertaking.
  18. Dispute Resolution:
    1. The outcome or resolution determined by StepUpwards will be final and binding for any dispute, disagreement or claim arising out of the use of the Platform or for the Quality of the Training Services and Submitted Content.
  19. Jurisdiction
    1. The terms are governed by the laws of India. 
    2. The Terms are subject to the exclusive jurisdiction of the courts located in Bangalore, Karnataka without prejudice to the rights of StepUpwards to take action in jurisdiction whatsoever. 
    3. The User must escalate any dispute, concern, report, or any other information that requires the attention of StepUpwards to support@stepupwards.com