Terms of Use

Introduction

This is a legal and binding agreement between you, the user (referred to as “user” or “you”) of the Programs, as defined below, and upGrad Education Private Limited (referred to as “we”, “us” or “Instill Forever”) stating the terms that govern your use of the Platform, as defined below. The website www.instillforever.com and the information, services and other materials contained therein are provided and operated by Instill Forever. Instill Forever offers curated and specially designed online higher education and industry-relevant diploma, 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 Instill Forever hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by Instill Forever, 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. Instill Forever 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.

Instill Forever 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 Conduct Policy

Whether you have enrolled in a Program or are simply browsing the Platform, once you have accessed the Platform or Programs, you shall be considered a ‘user’ for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Platform and Programs. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with such use. You shall not resort to any unethical practices while using the Platform.

Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, if any such event does take place, Instill Forever shall not be liable for any loss of data or if the user’s device, computer or any other property is compromised in any manner.

You acknowledge and agree that Instill Forever has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you.

During your use of the Platform and Programs, you will:

not harass other users, students, attendees, support agents or visitors;
not create an atmosphere of disharmony, hostility within student groups;
not cheat on any homework assignment or exams for the Program;
not post online any secured testing materials;
not share solutions to homework assignments or exams; and
notify the instructors immediately if you become aware of any other user cheating or breaching these Terms and comply with the requirements of the specific applicable code of conduct, if any, relating directly to a Program into which such user is enrolled.

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 – Instill Forever 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 Instill Forever has granted you access to a Program pending payment, and Instill Forever does not receive payments within the stipulated time periods, Instill Forever 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 Instill Forever.

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.

Payment Terms and Refund Policy

Unless otherwise expressly agreed in writing by Instill Forever, full payment for participation in a Program is required at the time of registration. In the case of Programs that include a trial window, such trial window shall be made available only after the full payment. During the trial window, upon a request by the student, and to the satisfaction of Instill Forever, Instill Forever may choose to refund the Program Fees paid, subject to deduction of such applicable charges as may be decided by Instill Forever from time to time. Once the trial window is closed, there will be no refund allowed for any reason whatsoever.

It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment into a Program is non-transferable.

To make payment for any Program or to purchase any services or products offered by Instill Forever through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"). Instill Forever does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Instill Forever’s third-party payment provider stores any such information, Instill Forever will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Instill Forever is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.

Failure to pay the applicable Program fee may result in withdrawal of your access to a Program. Depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Instill Forever does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.

You may cancel your enrolment at any time. Each Program has specific refund terms which shall be applicable in case of refund on account of such cancellation requests.

If you have subscribed for a free trial, the free trial period will last for the period of time specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid service or product within the last six (6) months, or if your Payment Method, physical address, contact number or email address has been associated with an account for that paid service, you are not eligible to receive a free trial for that service or product. If you begin your subscription with a free trial, you may be ineligible for certain features of a product or service during your free trial period.

Use of Programs

Instill Forever 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 Instill Forever, at its sole discretion, may limit, suspend, or terminate your use of the Platform or Programs and/or all Instill Forever-provided services related to the Programs, such as access to Instill Forever coaches or support services, evaluation services, or certifications. You also understand that Instill Forever may modify or discontinue all services related to its Programs at its sole discretion. You agree that Instill Forever 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 Instill Forever to maintain and support the Platform or Programs or any part or portion thereof or any associated services.

You agree that Instill Forever 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 Instill Forever.

If you no longer wish to use any Program, you may terminate your participation by giving a prior notice to Instill Forever. Participants of Instill Forever 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 Instill Forever 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 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.

Educational Partners and Accreditation

Instill Forever is NOT a University, but an education service provider, offering Programs in consultation with Indian and International universities, educational institutions, governmental authorities, NGOs, corporates, etc. (each an “Educational Partner”).

Admission to the degree/diploma programs of an Educational Partner is separate from being accepted into and/or taking one or more Programs. You agree and acknowledge that nothing in these Terms or otherwise with respect to the use of the Platform or any Program (a) enrolls or registers you in an Educational Partner, or any other school, division, institute or program of or associated with an Educational Partner, and (b) allows you to access or use the resources or receive any benefits or privileges of any Educational Partner, beyond the Programs.

Instill Forever 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 Instill Forever. Instill Forever may choose not to offer any credential or other acknowledgement for some Programs. Instill Forever 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 Instill Forever relating to Programs will be determined by Instill Forever 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 Instill Forever and its Educational Partners. You acknowledge that any such Program Certificate awarded may not be affiliated to any Educational Partner and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner.

You will not receive academic credit from Instill Forever or any other Educational Partner for taking a Program. 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, Instill Forever 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 Instill Forever’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 Instill Forever.

Instill Forever’s Intellectual Property Rights

“Content” means any and all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials.

The Platform, Programs and related services are owned and operated by Instill Forever and its licensors. All Content or other material available on the Platform or through the Programs, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively “Instill Forever Content”), are the property of Instill Forever and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Platform is the property of Instill Forever and is protected by Indian and international copyright laws.

Instill Forever logos, trademarks and service marks that may appear on the Platform and in the Program (“Instill Forever Marks”) are the property of Instill Forever and are protected under Indian and foreign laws. All other trademarks, service marks and logos used on the Platforms, Online Courses or Programs, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platforms are protected by trade dress and other Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Instill Forever.

As a condition of accessing the Platforms and/or using the Programs, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Instill Forever Content or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the Instill Forever Marks or the name, trademarks, service marks, or other materials of any Educational Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.

Please verify all Content prior to use. In the event you come across any Content that is incorrect, infringing, offensive, indecent or objectionable, please notify us immediately at the address mentioned at the bottom of this page.

Additionally, from time to time, Instill Forever (or its third-party service providers, on behalf of Instill Forever) may request users to review Instill Forever Content or beta-test the Platform. The works derived from such activity shall remain the sole and exclusive property of Instill Forever or its third-party service providers, as applicable.

Third-Party Intellectual Property

Instill Forever respects third-party intellectual property rights and actively supports protection of all third-party intellectual property including copyrights and trademarks (“IP”). It is our policy to expeditiously respond to clear notices of alleged IP infringement. If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.

Instill Forever shall not be held liable for the unauthorised use of any third-party IP, and the user that carries out such unauthorised use or infringes any IP available on the Platform shall fully indemnify and hold Instill Forever harmless against any and all claims that may arise as a result of such use.

If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

an electronic or physical signature of the person authorised to act on behalf of the owner of the product, copyright or other intellectual property interest;
a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Platform/Program;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
a statement by you, made under the penalty of perjury, that the aforementioned information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorised to act on such owner's behalf.

For notices of disputes or claims of copyright or other intellectual property infringement, please connect with us at the address provided at the bottom of this page.

Limited License

The services on the Platform are licensed, not sold. In consideration for your agreement to these Terms, Instill Forever 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 Instill Forever 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 Instill Forever Content. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platforms, Programs or any Instill Forever 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, Instill Forever may include software, code, instructions, or other such information in the Instill Forever 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. Instill Forever and/or its affiliates and licensors reserve all rights not expressly granted herein to the Platforms, Instill Forever Content, and Instill Forever Marks.

Without limiting the generality of the terms above, the following are types of uses that Instill Forever expressly defines as falling outside of the definition of "non-commercial and personal use":

the sale or rental of (i) any part of the Instill Forever Content, (ii) any derivative works based at least in part on the Instill Forever Content, or (iii) any collective work that includes any part of the Instill Forever Content;
the sale of access or a link to any part of the Instill Forever Content;
providing training, support, or editorial services that use or reference the Instill Forever Content in exchange for a fee;
the use of Instill Forever Content by a college, university, school, or other educational institution for instruction where tuition is charged;
the use of Instill Forever Content by a for-profit corporation or non-profit entity for internal professional development or training; and
the use of Instill Forever 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.

User Content

The Platform may allow you to upload forum posts, chat with other users and Instill Forever’s counsellors, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Programs, e.g., questions, hypotheticals, examples, assignments, industry projects, etc. (collectively "User Content"). Instill Forever does not claim ownership of any User Content you may submit or make available for inclusion on the Platform or Programs. Accordingly, subject to the license granted to Instill Forever above, the user will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.

With respect to any User Content you submit via the Platform or Programs or that is otherwise made available to Instill Forever, you hereby grant Instill Forever an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). Instill Forever reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Instill Forever to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Instill Forever, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

Instill Forever does not control the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will Instill Forever be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all the laws applicable to the User Content.

You are prohibited from posting the following Content on the Platform:

Content that is fraudulent, indecent, or libellous, or defames, harasses, discriminates against, harms or threatens others;
Content that discusses illegal activities, with the intent to commit them;
Content that infringes or misappropriates patents, trademarks, trade secrets, right of publicity, or other intellectual property rights of third parties;
Content that you do not have the right to disclose;
Profane, pornographic, obscene, indecent or unlawful Content;
Advertising or any form of commercial solicitation;
Content related to partisan political activities;
Content that contains intentionally inaccurate information or that is posted with the intent of misleading others;
Viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
Content that consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts);
Content that violates the rights of other users of the Platform; or
Content that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.

Platform Security

You are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of Instill Forever, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account that the user is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, "flooding," "spamming," "mailbombing" or "crashing;" (d) sending unsolicited emails, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Instill Forever will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from Instill Forever on the Platform and other than generally available third-party web browsers (e.g., Google Chrome or Microsoft Explorer).

Disclaimer

The Platform and/or Programs may contain typographical errors or inaccuracies and may not be complete or current. Instill Forever, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

The Platform, Programs, and any information or Instill Forever Content are provided on an “as is” and “as available” basis with all faults.

Instill Forever makes no representations or warranties of any kind, whether expressed or implied, with respect to Instill Forever Content or services available on or through this Platform and Programs, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Instill Forever makes no warranty that the services will meet the user's requirements or that the services will be uninterrupted, timely, secure, or error free; nor does Instill Forever make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected.