Terms of Use
This is a legal and binding
agreement between you, the user (referred to as “user” or “you”) of the
Programs, as defined below, and X-GRAD International (together with its
subsidiaries, and international affiliates, hereinafter “X-GRAD International,”
“us,” “we,” or “our” or “the Company”) stating the terms that govern your use
of the Platform, as defined below. The website https://onlineX-Grad.org/ and
mobile apps (collectively referred to as the “Platform”) and the information,
services and other materials contained therein are provided and operated by X-GRAD
International. X-GRAD International offers curated and specially designed
online higher education and industry-relevant certification programs and career
assistance services (“Programs”).
Please review our Terms of Use,
Privacy Policy and other policies available on the Platform (collectively
referred to as the “Terms”) that govern the use of the Platform and Programs.
By accepting these Terms in any manner or accessing the website, you consent,
agree, and undertake to abide, be bound by and adhere to the Terms and if you
do not agree to these Terms, you are not entitled to avail of/use the Programs
and any use thereafter shall be unauthorised.
Each Program may have a separate
set of terms dealing with refunds, deferrals, payments, etc. governing such
Programs, and our corporate clients may have executed separate written agreements
with us, which, in the event of a conflict, will supersede these Terms to the
extent of the conflicting provisions.
These Terms shall apply to X-GRAD
International hosted mobile apps, WhatsApp groups, Facebook groups, Instagram
pages, Facebook pages, email/SMS/phone communications and other social media
forums hosted by X-GRAD International, which shall be deemed to be part of the
‘Platform’ by reference. You acknowledge that certain parts of the Platform, as
mentioned above, are provided by third-party service providers, and you agree
to abide by their terms and conditions. X-GRAD International shall not be
responsible for any disruption of services caused by such third-party service
providers.
Although you may “bookmark” a
particular portion of the Platform and thereby bypass these Terms, your use of
the Platform still binds you to these Terms.
We may change these Terms from
time to time without prior notice. You should review this page regularly. Your
continued use of the Platform and Programs after changes have been made will be
taken to indicate that you have read and accepted those changes. You should not
use the Platform or Programs if you are not happy with any changes to these
Terms.
X-GRAD International makes no
representations that the Platform operates (or is legally permitted to operate)
in all geographic areas, or that the Platform, or information, services or
products offered through the Platform are appropriate or available for use in
other locations. Accessing the Platform from territories where the Platform, or
any content or functionality of the Platform or its portions thereof is
illegal, is expressly prohibited. If you choose to access the Platform, you
agree and acknowledge that you do so on your own initiative and at your own
risk and that you are solely responsible for compliance with all applicable
laws.
User Accounts, User Registration and Delivery of
Services
In order to participate in most
Platform activities and to apply for a Program, you will need to register for a
personal account (“User Account”) by undergoing a two-step verification process
to verify your login credentials such as your phone number, by way of a
one-time password which will be sent to your phone number simultaneously and/or
by providing an email address and a password that is unique.
Upon payment of the Program fees –
in part or whole, depending on the Program – X-GRAD International shall deliver
the terms of use of the Program and grant you access to the Program. The
invoice may be provided to you along with the email confirmation or within two
(2) months thereafter. This shall be a proof of delivery against the successful
payment of fees.
Owing to certain exceptional
circumstances, if X-GRAD International has granted you access to a Program
pending payment, and X-GRAD International does not receive payments within the
stipulated time periods, X-GRAD International may, at its own discretion,
withdraw your access to the Program without giving any prior notice.
You agree that you will never
divulge or share access to your User Account with any third party for any
reason. You also agree that you will create, use and/or access only one User
Account, and that you will not use any User Account other than your own.
In setting up your User Account,
you may be prompted or required to enter additional information, including but
not limited to your name and email address. Additional information may be
required to confirm your identity. You understand and agree that all
information provided by you is accurate, current and complete and that you will
maintain and update your information to keep it accurate, current and complete.
You acknowledge that if any information provided by you is untrue, inaccurate,
not current or incomplete, we reserve the right to terminate your use of the
Platform and your enrolment into a Program, to the extent applicable.
In addition to the registration
process, as part of your use of the Platform or participation in the Programs,
we may obtain certain information about you and your performance in the
Programs. Some of this information may be Personally Identifiable Information.
We may use, maintain, and store this information to provide certain services to
you now and in the future, and may share such information with our Educational
Partners or third parties in conjunction with such services or for the purpose
of marketing. For example, as further detailed in our Privacy Policy, we may
share certain materials or information about you with third parties, including
your grades/scores in our classes. Irrespective of the fact if also you have
registered yourself under DND or DNC or NCPR service, you still authorize us to
give you a call from us or any third party for the above mentioned purposes
till 365 days of your registration with us.
Access to the Programs is
restricted to attendees or students who have specifically been granted access
by X-GRAD International.
By registering your User Account,
you agree that:
- you are registered for the
Program only once and will not set up multiple User Accounts; and
- you will abide by these Terms and
any terms specific to the Program.
Additional requirements apply to
Students. As a Student, in addition to the points above, you agree that you are
registering with the intent to complete the assignments, if any, that are
relevant and applicable to the Platform or Programs into which you have
enrolled.
Use of Programs
X-GRAD International reserves the
right to cancel or reschedule any Program or live lectures/webinars, or to
alter, modify or rearrange the schedule of topics, as well as the point value
or weight of assignments, tests, quizzes, exams, projects and other such
evaluations of progress. You also understand that X-GRAD International, at its
sole discretion, may limit, suspend, or terminate your use of the Platform or
Programs and/or all X-GRAD International-provided services related to the
Programs, such as access to X-GRAD International coaches or support services,
evaluation services, or certifications. You also understand that X-GRAD International
may modify or discontinue all services related to its Programs at its sole
discretion. You agree that X-GRAD International shall not be liable to you or
to any third party for any such modification, suspension or discontinuance.
Nothing in these Terms shall be construed to obligate X-GRAD International to
maintain and support the Platform or Programs or any part or portion thereof or
any associated services.
You agree that X-GRAD
International shall be under no liability whatsoever to you in the event of non-availability
of the Platform or any portion thereof occasioned by Act of God, war, disease,
revolution, epidemic, riot, civil commotion, strike, lockout, flood, fire,
satellite failure, failure of any public utility, man-made disaster or any
other cause whatsoever beyond the control of X-GRAD International.
Subject to the applicable refund
policy, if you no longer wish to use any program, you may terminate your
participation by giving a prior notice to X-GRAD International. Participants of
X-GRAD International online live lectures and webinars shall be provided access
to such classes via email. You agree not to share such access with any third
party. If you are unable to attend an online live lecture/webinar, please
provide X-GRAD International with prior intimation regarding this.
You shall be exclusively
responsible for obtaining and maintaining any equipment or ancillary services
needed to connect to, access, receive or use the Platform, including, without
limitation, hardware devices, software, and other internet, wireless,
broadband, phone and/or other mobile communication device connection services.
You shall be exclusively responsible for ensuring that such equipment or
ancillary services are compatible with the Platform, and you shall be
responsible for all charges incurred in connection with the use of the Platform
and Program in connection with all such equipment and ancillary services.
Education and Accreditation
X-GRAD International is NOT a
university, but an independent autonomous business education provider, offering
Programs in consultation with International universities, educational
institutions, governmental authorities, NGOs, corporates, and accreditation
bodies.
X-GRAD International may offer a
credential or other acknowledgement for participants who have satisfactorily
demonstrated mastery of the Program material. The decision to award any such
credential acknowledgement to a given participant will be solely at the
discretion of X-GRAD International. X-GRAD International may choose not to
offer any credential or other acknowledgement for some Programs. X-GRAD
International may decide at its sole discretion whether to provide a record
concerning a participant’s performance in a Program. The format of any
credential or other acknowledgement, and of any performance, provided by X-GRAD
International relating to Programs will be determined by X-GRAD International
at its sole discretion and may vary from Program to Program.
You will be awarded a certificate
of successful completion of a Program (“Program Certificate”) only upon fulfilling
the criteria and requirements of X-GRAD International and its Educational
Partners.
If you are taking a Program for
academic credit or certification as a student of, or otherwise through, an
Educational Partner, any such credit or certification may only be awarded
directly by the Educational Partner based on its own policies and procedures,
and you may be required by that Educational Partner to be registered or
enrolled with the Educational Partner in order to receive credit or
certification; and, in any event, X-GRAD International will not have any
authority or responsibility with respect to any award of academic credit or
certification provided by an Educational Partner for a Program.
You acknowledge and agree that any
Program affiliated with an Educational Partner may be subject to the terms,
policies and procedures of the applicable Educational Partner in addition to X-GRAD
International’s Terms. Without limiting the foregoing, if you are a student
registered or enrolled at, or are otherwise attending, an Educational Partner
and are taking a Program for credit or certification through that Educational
Partner, you acknowledge and agree that (a) the Educational Partner may have
its own terms, policies or procedures regarding your eligibility to participate
in the Program, your participation in the Program, the requirements or
prerequisites for receiving credit or certification for the Program, and/or
your educational or student records as they may relate to your participation
and performance in the Program, and (b) your educational or student records are
maintained by the Educational Partner, including for purposes of assigning
credit or certification, and not X-GRAD International.
Limited
License
The services on the Platform are
licensed, not sold. In consideration for your agreement to these Terms, X-GRAD
International grants you a personal, non-exclusive, non-transferable, revocable
license to access and use the Platform and Programs, solely in accordance with
the Terms. You may download or copy the portions of the X-GRAD International
Content available on the Platform for your own non-commercial and personal use
only, provided you maintain all copyright and other notices contained in such X-GRAD
International Content. You may not copy, sell, resell, reproduce, publish,
modify, transfer, retransmit, distribute, commercially exploit or create
derivative works of Platforms, Programs or any X-GRAD International Content.
Notwithstanding the foregoing, certain reference documents, digital textbooks
and articles may be made available to you with the permission of third parties,
and use of that information is subject to certain rules and conditions, and you
agree to abide by all such rules and conditions.
You may not reverse-engineer,
decompile, disassemble or otherwise access the source code for any software
that may be used to operate the Platform or the Programs. From time to time, X-GRAD
International may include software, code, instructions, or other such
information in the X-GRAD International Content for the Programs; any such
information is provided on an “as-is” basis for instructional purposes only and
is subject to the ‘Disclaimer’ and ‘Limitation of Liability’ sections below and
other terms herein. Any use of such information for commercial purposes is
strictly prohibited. X-GRAD International and/or its affiliates and licensors
reserve all rights not expressly granted herein to the Platforms, X-GRAD
International Content, and X-GRAD International Marks.
Without limiting the generality of
the terms above, the following are types of uses that X-GRAD International
expressly defines as falling outside of the definition of “non-commercial and
personal use”:
- the sale or rental of (i) any
part of the X-GRAD International Content, (ii) any derivative works based
at least in part on the X-GRAD International Content, or (iii) any
collective work that includes any part of the X-GRAD International
Content;
- the sale of access or a link to
any part of the X-GRAD International Content;
- providing training, support, or
editorial services that use or reference the X-GRAD International Content
in exchange for a fee;
- the use of X-GRAD International
Content by a college, university, school, or other educational institution
for instruction where tuition is charged;
- the use of X-GRAD International
Content by a for-profit corporation or non-profit entity for internal
professional development or training; and
the use of X-GRAD International
Content for display / upload / making available at a place that is accessible
to the general public in any manner, including but not limited to any social
media sites, video download sites, and torrents.