Terms & Conditions
The terms 'You' or 'Your' refer to You as the user (irrespective of whether You are a Registered User or a Non-Registered User or an Institute) and the terms 'AfterGrades' ,'We', 'Us', 'Company', and 'Our' refer to AfterGrades or Urban Serv Express Private Limited.
The features / services of this Website are available only in India. However Non-Registered Users outside India may browse through the information provided in the Website
The Agreement supersedes all previous oral and written terms and conditions (if any) communicated to you.
1. THE WEBSITE
1.1. Users: The Website is accessible to visitors and Institutes. Institutes are colleges or coaching classes which imparts training and gives knowledge to students.
1.2. Features of the Website: The Website offers the following features:
For users: Platform for viewing generic and preliminary information of courses provided by various Institutes.
For Institutes: Platform to publish profile: You may edit your Institute’s profile containing details of courses you offer. Your Institute’s profile is accessible to all Users.
1.3. Types of content on the Website:
The various types of content available on the Website may be categorised as follows:
1.3.1. Content provided by Registered Users including reviews, comments on any Institute or courses.
1.3.2. Content provided by Institutes including course and Institute details
1.3.3. Content which AfterGrades (through itself or its contractors) has generated or procured for the Website ("AfterGrades Content");
2. USE OF THE SITE
2.1. Use by all Users (Users and Institute)
2.1.1. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
2.1.2. You will not deliberately use the Website in any way that is unlawful or harms AfterGrades, its directors, employees, affiliates, distributors, partners, service providers and/or any User and/or data or content on the Website.
2.1.3. By using the website and/or registering yourself at AfterGrades you authorize us to contact you via email or phone call or SMS and offer you services for the product you have opted for, imparting product knowledge, providing promotional offers running on website, for which reasons, personally identifiable information may be collected as detailed below. And 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 AfterGrades & associate partners for the above mentioned purposes. You can drop us an email at email@example.com if you wish to cease receiving all communications from us.
2.2. Use by Users
2.2.1. We encourage you to independently verify any information you see on the Website including information provided by an institute. You will use the Website and the features provided by the Website only in relation to and in compliance with all applicable Indian laws. You will not use this Website or any feature provided by the Website for any purposes not intended under this Agreement.
2.2.2. The Website allows you to select and connect with Institutes. In doing so, AfterGrades can help providing You with lists and/or profile previews of Institutes who may be suitable to provide course that You are seeking based on information that You provide to AfterGrades.
2.2.3. Please note that AfterGrades (i) does not recommend or endorse any Institute mentioned on the Website; and (ii) does not make any representations or warranties with respect to Institute or the quality of the services they may provide, and (iii) does not grade Institute.
2.2.4. You may connect on the Website for Your family members and friends. However please note that you will be solely responsible for any activity that is undertaken through his/her account on behalf of his/her family members and friends.
3. ROLE OF AFTERGRADES
3.1. AfterGrades' role is limited to a) providing a platform for hosting and publishing course Content and Institute Content b) providing a platform to find Institutes based on User's inputs
3.2. AfterGrades's role is that of an 'intermediary' as defined under the Information Technology Act, 2000 and the rules thereunder. Being an intermediary, AfterGrades has no responsibility and / or liability in respect of the content and transactions on the Website including any User Content, Institute Content, information provided by Institutes.
3.3. AfterGrades does not have the obligation to pre-screen or monitor User Content, Institute Content at any time. However AfterGrades may elect to monitor any User Content or Institute Content and remove any User Content and Institute Content from the Website if AfterGrades determines in its sole discretion that such User Content and/or Institute Content is in violation of this Agreement or any applicable law and best practices. Where AfterGrades removes any User Content or Institute Content from the Website, AfterGrades will make reasonable efforts to inform the User or Institute who had posted such User Content or Institute Content respectively. Such actions do not in any manner negate or dilute AfterGrades's position as an intermediary or impose any liability on AfterGrades with respect to User Content and/or Institute Content.
3.4. If AfterGrades suspects any illegal, wrongful or fraudulent activity on the Website by any Registered User, Institute, notwithstanding any other rights AfterGrades may have, AfterGrades reserves the right to inform the relevant government or law enforcement authorities. AfterGrades will cooperate in all investigative procedures or requests for access / information initiated by any such government or law enforcement authorities.
4. LINKS TO THIRD PARTY WEBSITES
4.1. You may be provided with links on the Website that direct you to third party websites / applications / content or service providers, including advertisers and e-commerce websites (collectively "Third Party Websites").
4.2. AfterGrades does not endorse any Third Party Websites that you may be directed to from the Website.
5. PROPRIETARY RIGHTS
5.1. AfterGrades respects the intellectual property rights of others, and we expect the same from you. The Website, User Content, Institute Content and the AfterGrades Content are protected by applicable intellectual property laws of India.
5.2. AfterGrades's Rights to the Website and AfterGrades Content
5.2.1. All intellectual property in and to the Website, any software, techniques and processes used in connection with the Website, belongs exclusively to AfterGrades or its licensors. Through Your use of the Website, by no means are any rights impliedly or expressly granted by AfterGrades to You in respect of such works.
5.2.2. AfterGrades and/or its licensors assert all proprietary rights in and to all names and trademarks contained on the Website. Notwithstanding the generality of the foregoing, the name, "AfterGrades" is the trademark and copyright (or any other intellectual property right) of AfterGrades and/or its licensors. Any use of the AfterGrades's trademarks or copyright, unless otherwise authorized in a written agreement, will constitute an infringement upon the trademark and copyright (or any other such intellectual property right) of AfterGrades and may be actionable under the applicable laws.
5.2.3. Except as stated otherwise in this Agreement all AfterGrades Content (including all intellectual property rights to such content) is owned exclusively by AfterGrades and/or its licensors.
5.2.4. When You use the Website in accordance with this Agreement, a limited royalty-free right is granted to You by AfterGrades to use AfterGrades Content for personal and non-commercial use in India for the time that You are either a User or an Institute or for the time that You make use of the Website, whichever is less.
5.2.5. Unless explicitly stated herein, nothing in this Agreement shall be construed as conferring on You any license to intellectual property rights, whether by estoppel, implication, or otherwise.
5.2.6. Unless expressly authorized by AfterGrades, You agree not to reproduce, modify, sell, distribute, mirror, frame, republish, download, transmit, or create derivative works of the AfterGrades Content, in whole or in part, by any means. You must not remove or modify any copyright or trademark notice, or other notice of ownership.
6. PERSONAL INFORMATION
6.1. We may collect information from you when you use the Website and or the features provided by the Website.
6.4. AfterGrades may disclose Your Personal Information in accordance with applicable law.
7.1. Interaction with Institute on the Website:
7.1.1. You understand and agree that any interactions and associated issues with the Institute(s) on the Website, is strictly between You and the Institute(s). You shall not hold AfterGrades responsible for any such interactions and associated issues. If You decide to engage with an Institute to provide services to You, You do so at Your own risk.
7.1.2. The results of any search You perform on the Website for Institutes, or provision of access to any Institute on the basis of Your specific request, should not be construed as endorsement by this Website of any such particular Institute. We make no guarantees, representations or warranties, whether expressed or implied, with respect to professional qualifications, quality of work, expertise of the Institute. The search results are based on an object computer algorithm.
7.1.3. AfterGrades shall not be responsible for any breach of service or service deficiency by any Institute.
7.1.4. Information: Information regarding Institute or information in blogs/Internships/Exams found on the Website is intended for general reference purposes only. Such information often changes frequently and may become out of date or inaccurate. Neither the Website nor AfterGrades provides any advice or qualification certification about any of the aforementioned information. You are encouraged to independently verify any such information You see on the Website with respect to a Institute that You seek to make an connect with.
7.2 If You rely on any of the Information provided by the Website, You do so solely at Your own risk. The Information that You obtain or receive from AfterGrades, and its employees, contractors, partners, sponsors, advertisers, licensors or otherwise on the Website is for informational and scheduling purposes only. In no event shall We be liable to You or anyone else for any decision made or action taken by You in reliance on such information.
7.3. AFTERGRADES DISCLAIMS ANY REPRESENTATION AND/OR WARRANTY FOR THE SECURITY, RELIABILITY, QUALITY, TIMELINESS, AND PERFORMANCE OF (I) THE WEBSITE AND ITS FEATURES; (II) INSTITUTE WHO INTERACTS PRIVATELY WITH A USER OF AFTERGRADES WEBSITE; (III) ANY INFORMATION, CONTENT OR ADVICE AVAILABLE ON OR RECEIVED THROUGH THE WEBSITE (IV) ACCESS TO OR ALTERATION OF USER CONTENT OR INSTITUTE CONTENT AND (V) TRANSMISSIONS OR DATA.
7.4. AFTERGRADES MAKES NO WARRANTY OR REPRESENTATION THAT ANY ERRORS IN THE WEBSITE WILL BE CORRECTED EXCEPT AS REQUIRED BY LAW.
7.5. AFTERGRADES ASSUMES NO RESPONSIBILITY AND/OR LIABILITY WITH RESPECT TO ANY USER CONTENT OR INSTITUTE CONTENT (AS APPLICABLE) WHICH YOU MAY POST ON THE WEBSITE AND YOU ARE SOLELY RESPONSIBLE FOR SUCH USER CONTENT POSTED ON THE SITE.
7.6. YOU AGREE THAT THE OPEN AND REAL-TIME NATURE OF THE PLATFORM MAKES IT IMPOSSIBLE FOR AFTERGRADES TO VOUCH FOR THE VALIDITY, AUTHENTICITY AND HONESTY OF USER CONTENT OR EXPERT CONTENT. AFTERGRADES IS NOT RESPONSIBLE FOR ANY USER CONTENT OR EXPERT CONTENT ON THE SITE, OR FOR THE CONSEQUENCES OF YOU READING OR RELYING ON SUCH CONTENT.
7.7. THE SITE IS PROVIDED ON A "AS IS" AND "AS AVAILABLE" BASIS. NEITHER AFTERGRADES NOR ANY THIRD PARTY SERVICE PROVIDERS ARE LIABLE FOR ANY TECHNICAL OR OTHER OPERATIONAL DIFFICULTIES OR PROBLEMS WHICH MAY RESULT IN LOSS OF YOUR DATA, PERSONALIZATION SETTINGS OR OTHER INTERRUPTIONS IN THE FEATURES OFFERED ON THE WEBSITE. NEITHER AFTERGRADES NOR ANY THIRD PARTY IS LIABLE FOR THE DELETION, LOSS, MIS-DELIVERY, TIMELINESS OR FAILURE TO STORE OR TRANSMIT ANY USER CONTENT, EXPERT CONTENT, AFTERGRADES CONTENT OR YOUR PERSONALIZATION SETTINGS.
7.8. Neither the Institutes nor AfterGrades shall be responsible or liable for any breach or loss of data including Personal Information caused due to events beyond the control of Institutes / AfterGrades or due to technical reasons or third party actions.
8. LIMITATION OF LIABILITY:
To the fullest extent permitted by law, in no event will AfterGrades or its affiliates be liable for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, goodwill), whether or not AfterGrades has been warned of the possibility of such damages or could have reasonably foreseen such damages.
9. REPRESENTATION AND WARRANTIES
By Using This Website You Represent And Warrant That:
9.1. Your use of the Website shall not violate any applicable law or regulation;
9.2. All registration information You submit is truthful and accurate and that You agree to maintain the accuracy of such information;
9.3. You as a User will use the Website solely for Your personal and non-commercial use. Any use of this Website or its content other than for personal purposes is prohibited.
9.4. Your use of this Website shall be subjected to the following restrictions:
9.4.1. You will not delete or modify any content of the Website including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that You do not own or have express permission to modify;
9.4.2. You will not decompile, reverse engineer, or disassemble the content, or
9.4.3. You will not remove any copyright, trademark registration, or other proprietary notices from the Website. You further agree not to access or use this Website in any manner that may be harmful to the operation of this Website or its content.
9.5. You will not use the Website and / or services in any way that is unlawful, or harms the Company or any other person or entity, as determined in the Company's sole discretion.
9.6. You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming", "spamming", "flooding", "trolling", "phishing" and "griefing" as those terms are commonly understood and used on the Internet.
9.7. You will not host, display, upload, modify, publish, transmit, update or share any information that—
(a) belongs to another person and to which the user does not have any right to;
(b) is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
(c) infringes any patent, trademark, copyright or other proprietary rights(s), violates any law for the time being in force;
(d) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(e) impersonate another person;
(f) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(g) threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
You hereby indemnify, defend, and hold AfterGrades, the AfterGrades's agents, representatives and other authorized users (Users, Institutes), and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from (i)Your use of the Website (ii) Your breach of provisions of this Agreement and (iii) any negligent or intentional wrongdoing on Your part.
AfterGrades reserves the right, in the event it finds out in its sole discretion that You breached the Agreement, to suspend and / or terminate Your user account and/or access to the Website by blocking Your IP address or email id with or without notice to You. Any suspected illegal, fraudulent or abusive activity may be grounds for suspending and / or terminating Your user account and/or Your access to the Website. Upon suspension or termination, Your right to use the features on the Website shall immediately cease and the Company reserves the right to remove or delete Your information that is available with the Company, including but not limited to login and account information.
Upon user account termination or suspension, regardless of the reasons therefore, Your right to use the Website, User Content, Institute Content or AfterGrades Content immediately ceases, and You acknowledge and agree that We may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or this site. AfterGrades shall not be liable to You or any third party for any claims or damages arising out of any termination or suspension of Your user account or any other actions taken by Us in connection with such account termination or suspension.
12. GOVERNING LAW AND JURISDICTION
The interpretation of this Agreement and the resolution of any disputes arising under this Agreement shall be governed by the laws of India.
AfterGrades reserves the right to modify any part of the Agreement at any time without giving You prior notice.
14.1. Any dispute, claim or controversy arising out of or relating to this notice or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, or to Your use of the Website or its features or the information to which it gives access, shall be determined by arbitration in India, before a single arbitrator in accordance with the India Arbitration Rules. The venue of such arbitration shall be New Delhi, India. The governing law of the Agreement shall be the substantive law of India. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the Parties.
14.2. The Parties shall have the right to apply to a court of competent jurisdiction to obtain interim injunctive relief in respect of any dispute, pending resolution of such dispute in accordance with the Agreement.
15. GENERAL PROVISIONS
15.1. Severability: If any provision of this Agreement is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision shall be excluded from the Agreement and the remainder of the Agreement shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided however that, in such event the Agreement shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.
15.2. Notices: All notices and other communications required or permitted hereunder to be given to a Party shall be in writing, in the English language, and shall be sent by facsimile, e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such Party's address as set forth below or at such other address as the Party shall have furnished to the other Party in writing in accordance with this provision:
If to AfterGrades: firstname.lastname@example.org
If to You: at the email address provided by You to us when You registered as AfterGrades User.
15.3. Waiver: No term of the Agreement shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Party claimed to have waived or consented. Any consent by any Party to, or waiver of a breach by the other, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
15.4. Complete Understanding: The Agreement contain the entire understanding of the Parties, and there are no other written or oral understandings or promises between the Parties with respect to the subject matter of the Agreement other than those contained or referenced in the Agreement.
15.5. Force Majeure: AfterGrades shall not be liable for any downtime or delay or unavailability of the Website caused by circumstances beyond AfterGrades's reasonable control, including without limitation, acts of God, acts of government, floods, fires, earthquakes, civil unrest, acts of terror, strikes or other labour problems, internet service provider failures or delays, or denial of service attacks.
15.6. Advice of Counsel: Each Party acknowledges: (a) having fully read the Agreement in its entirety; (b) having had full opportunity to study and review the Agreement.
15.7. Advertisement: AfterGrades shall have the right to place advertisements and publicity materials of its choice, including that pertaining to parties other than itself for commercial use through electronic means on the Website.
15.8. Assignment: You may not assign or sub-license, without the prior written consent of AfterGrades, the rights, duties or obligations under this Agreement, in whole or in part, to any person or entity.
15.10 Promotion Policy-Cashback Policy: (i) User is eligible for cashback only if the user joins any of the partner Institute of AfterGrades. User can connect with AfterGrades at email@example.com to know the list of partner Institutes.
(ii) If the user directly reaches the Institute before visiting our website, the user shall not be eligible for the cashback. User needs to take reference of AfterGrades at the time of joining the Institute.
(iii) AfterGrades reserves the right to withhold the cashback in case of any dispute.