General

In terms of the Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of the Website (as defined below) and/or Application (as defined below).

This website by the URL www.gradright.com and all the web–pages, hyperlinks, tools, and Services (“Website” “Site”) and the mobile application by the name of ‘GradRight’ (“Application”) provided thereunder is owned and operated by GradRight Edtech Private Limited, a private limited company registered under the Indian Companies Act, 2013 (hereinafter referred to as “GradRight”, “Company”) and having its registered office at H No. G 6, SY NO. 193P, Kondapur, Hyderabad, Telangana 500084, India.

The expressions “You”, “Your” or “User”, whenever the context so requires, for the purposes of these Terms of Use, shall mean any natural or legal person who may create by registration, membership account on this Website and/or Application or agree to avail Our Services through this Website and/or Application or registers through different mediums available online i.e. google ads, channel partners etc., or otherwise access Our Website and/or Application for use of the “Service” ( GradRight web-based, application integration platform) accessed on the Website (“Our”, “Us”, “We”).

These terms and conditions (“Terms of Use”) shall govern your access to and use of the Services, Website and/or Application however accessed, as well as any and all information of whatever kind and nature appearing on the Website and/or Application or otherwise available through the Services. Please read these Terms of Service carefully before using the Website and/or Application; Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms of Use. By accessing the Website and/or Application or using the Services in any way, You agree to and are hereby bound by these Terms of Use. If You do not agree to all of the terms and conditions contained herein, do not use the Services, or access them through the Website and/or Application. Unless explicitly stated otherwise, any new features which may be added to the Services, including the release of new services or capabilities, are subject to these Terms of Use.

We may, in our sole discretion, make changes to these Terms of Use, from time to time with or without notice to You. Each time changes are made to these Terms of Use, a revised version of these Terms of Use will be posted on the Website and/or Application. Your continued use of the Service following such changes constitutes your acceptance of any such changes. You can check, from time to time, the most current version of these Terms of Service. At all times, the latest version of these Terms of Service shall be binding and prevail over any other version. Furthermore, We reserve the right to amend, discontinue, limit, disable, terminate, or cancel any feature of the Services at any time.

Privacy Policy

We respect the privacy of others. Any information that You provide us through the Services is subject to Our Privacy Policy. Your use of the Services constitutes Your consent to the collection and use of Your certain information, as described in our Privacy Policy You can access the Privacy Policy at https://stage.gradright.com/privacy.html

Member Registration

Users, as may be approved by GradRight, shall have the right to use the Service provided by GradRight via its Website and/or Application.

Users who are competent to contract under the Indian Contract Act, 1872, are eligible to register themselves as members on the Website and can avail Our Services. Persons who are competent to contract would mean and include every person who (i) has completed 18 years of age (as per The Indian Majority Act, 1875); (ii) is of sound mind; and (iii) not disqualified from contracting by any law for the time being in force in India.

You would be required to provide certain details which may not be limited to Your educational qualifications, universities You want to attend and/or courses you want to pursue, results of any competitive exams you may have appeared for including but not limited to GMAT, IELTS, TOEFL, Your professional work experience, factors that may or may not affect Your choice of a course or university, Your academic achievements, an estimate of the total cost that may be incurred by You while pursuing a course at the university(ies) You may choose to attend, and in an event you require a loan or have a pending loan, You shall provide all such information that GradRight or a GradRight partner may require or such other information as may be requested via the Website and/or Application to access the Website, Application and/or Services. You agree to provide true, accurate, current and complete information about Yourself. If you provide information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that You have provided such information, then GradRight may (in addition to any other rights or remedies available to us) refuse registration, suspend access to all current or future use of the Website and/or Application and the Services (or any portion thereof) permanently. If there is any change in the information provided by you, you will be required to update the same through your profile on Website and/or Application. It will be your responsibility to maintain confidentiality of your account and password for preventing unauthorised access. If you have a reason to believe that your account has been accessed without your consent, you are required to inform us immediately on grad@gradright.com, We may cooperate with you in case of such unauthorised access, but We will not be liable for any damage or loss to any one as a result of such unauthorised access or use of your account.When You register on the Website, your personal information will be registered automatically in Our database which will be maintained and used by the Website in accordance with the Privacy Policy.

Use of Service

You shall be offered numerous Services via the Application and/or the Website, and Your use of the Services shall be governed basis the Services You expressly choose to via the Application and/or the Website and the terms as provided herein below:

• Select:Select is a data driven platform for university shortlisting for higher studies in India and outside India (“Select”).
Via Select, the Company through its Website and/or Application may provide you recommendations for prospective colleges and/or courses of study basis the information You provide via the Application and/or Website
• Connect: Connect is a functionality of the Application and/or Website which allows You to connect with the alumni of the university and/or courses You intend to apply for (“Connect”). In event of You choosing to avail the services being extended through Connect, You shall be liable to pay such amounts as may be requested from the Application and/or Website from time to time to continue utilizing the services under Connect. The Company shall endeavour to connect You to the relevant alumni(ies) within a period of 3 business days of you raising a request for the same. Via Connect you shall further be entitled to advisory on application review, university reviews, in depth reviews about the course etc. However, You shall at all times have the option to undertake the advice or disregard it and the Company shall not be liable for losses that may be caused to You by following the advice or failing to follow the advice.
• Fund: Fund is a functionality of the Website and/or Application with aims to assist the Users with educational loans, scholarships, assistantships, income sharing agreements, etc. (“Fund”). Any advice to be provided under Fund shall all times be subject to and basis the information You provide. The Company may charge fees and or commissions from time to time, which will be made available to You before any payment is to be made by You. You acknowledge and accept that the Company does not extend any loans to its Users in its own capacity and nor does it take any part in the loan confirmation process, it merely connects You to institutions that may extend You a loan.
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Billing and payment

You may make payments over Website and/or Application for the different Services that the Company provides you with from time to time. It is clarified that the term Services means services provided to you over the Website and/or Application or registered email relating to data driven university selection for you, based on your preferences and background which you share with us.

You will be solely responsible for ensuring that the information entered for making such payment is correct (phone number, payment value, payment instrument details etc.).Payments are processed through our payment gateway partner Razorpay (“Payment Gateway”) which accepts payment instruments including Visa and Master Credit Card, American Express Credit Card, Debit Card, and Net Banking as mode of payments. All such payments are subject to the specific terms and conditions of such Payment Gateway. The Website and/or Application do not collect or store any sensitive personal information pertaining to the payment instrument/ account. Your payment transaction is authorised at multiple points, first by the Payment Gateway and subsequently by your payment instrument provider without any information passing through us.

From time to time, we may review and monitor transactions to identify potentially fraudulent transactions and take immediate corrective steps to mitigate and/ or limit the damage caused or likely to be caused.

You acknowledge that the Website and/or Application is not responsible for the failure of a payment due to a lack of seamless connectivity on your end or inaccuracy of payment related information.

All incidental costs/ taxes/ cesses/ levies, if applicable, shall be exclusively borne by you including but not limited to TDS, gift tax (if any), road tax (if applicable), insurance and any other costs/ taxes/ cesses/ levies applicable by the Central, State or Municipal government. Any other kinds of costs/ taxes/ cesses/ levies applicable in the future on our Services, including but not limited to any discounts, coupons, offers, etc. shall be exclusively borne by you, and the Company shall not be liable for any such tax related liability of the Users.

Use of Message Boards, Chat Rooms and Other Communication Forums

This Website and/or Application may contain message/bulletin boards, chat rooms, or other message or communication facilities (collectively, “Posts or “Forums”), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Posts or Forum, you shall not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer. Conduct or forward surveys, contests, or chain letters.
• Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

All Forums are public and not private communications. Chats, postings, conferences, and other communications by other users are not endorsed by GradRight, and such communications shall not be considered reviewed, screened, or approved by GradRight. GradRight reserves the right for any reason to remove without notice any contents of the Forums received from users, including without limitation message board postings.

In no event shall the Website and/or Application be held responsible for any Posts nor does the Company, Website and/or Application represent or endorse the accuracy or reliability of any advice, opinion, statement, suggestion or other information on the Posts nor shall the Company be liable for any loss or damages resulting from their use and/or appearance on the Website and/or Application.

By providing a Post to the Website and/or Application, you undertake, represent and warrant to the Company that you have all necessary rights in and to that Post and all the information it contains and that no such Post shall infringe any rights of third parties, including without limitation, intellectual property rights or other rights of any third parties or be otherwise defamatory, slanderous or hurtful to any particular person or group of people.

By submitting any Post, you grant the Company and its associate companies, a perpetual, worldwide, royalty-free, irrevocable, non-exclusive licence to use, and authorise others to use the Post in whole or in part, in any and all media, now known or hereafter developed, alone, or together or as part of any other type of material of any kind or nature.

The Company, Site and/or Application will have the right to monitor, remove, suspend, destroy, use and change any Post and/or content that is available on or via any chat area or our Site or Application generally, in any manner that the Company may determine, in its sole discretion, at any time. Although the Company endeavours to periodically monitor the content posted on this Site and Application, the Site and/or Application will not be responsible for the views or opinions expressed by third parties on the Site.

You agree that you will not use any Post and/or any part or all of our Site and/or Application to:

• collect, store and/or identify private or personal information of any user or person;
• facilitate personal attacks on other individuals or groups of people;
• upload, post or email any content that is defamatory, obscene, pornographic, threatening, harassing, unlawful, harmful, abusive, tortious, profane, hateful, or racially, ethnically or otherwise objectionable; and/or other information that the Site deems in its sole discretion inappropriate for the Site;
• harm children in any way including without limitation any offences in relation to grooming children online under law;
• impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity or disguise the origin of any content;
• stalk or otherwise harass another person or User;
• upload, post or email any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
• upload, post or email any content that infringes any intellectual property rights or other third party rights of any party;
• upload, post or email any unsolicited or unauthorised advertising, promotional materials, ‘junk mail’, ‘spam’, ‘chain letters’ or any other form of solicitation;
• upload, post or email any content that contains computer viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment and/or the Site;
• disrupt the normal flow of dialogue, cause a screen to ‘scroll’ faster than other users of the chat areas are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; and/or
• violate any applicable national or international laws or regulations.

You further agree that you may use the Site and Application for non-commercial purposes only. You may not submit Posts intended to promote and/or generate revenue for yourself and/or any third-party business activity.

Third Party Account Information.

By using the Services through the Website and/or Application, the User authorizes the Company and its agents to access third party sites, including but not limited to that of banks and other payment gateways, designated by them or on their behalf for retrieving requested information. While registering, the User will choose a password/OTP and is responsible for maintaining the confidentiality of the password and the account.

The User is fully responsible for all activities that occur while using their password or account. It is the duty of the User to notify the Company immediately in writing of any unauthorized use of their password or account or any other breach of security. The Company will not be liable for any loss that may be incurred by the User as a result of unauthorized use of his password or account, either with or without his knowledge. The User shall not use anyone else’s password at any time.

Refund and Termination of account

You may stop using our service at any time. There will be no refund of the balance amount. If We have a reason to believe that you have violated these terms of service, We may terminate your account and there will be no repayment of any balance amount. All payments are non-refundable.

However, in the event of the termination of the Services by You as a consequence of a deficiency in the provision of the Services by GradRight, You may write to Us at grad@gradright.com, and the Company may, in its sole discretion, refund such amounts of money as it may identify.

Content

We provide tools to integrate and automate various third-party applications. By availing the Service, you provide us with access to your information as laid down under these (collectively, “your data”) available from third party applications. You will retain ownership of your data and will solely be responsible for the content of your data. By permitting our Service to manage your data, you grant us worldwide, non-exclusive, royalty-free rights to use, copy, distribute and prepare derivative works in order to enable us to technically operate the Service.

You may view on, or access through the Service (“Content”) a variety of information, written content, photographs, graphics, images, illustrations, marks, logos, and other materials that are available on the Website and/or Application. Our Service includes a combination of content that We create, that third parties create, and that our users create No right, title or interest in any Content is transferred to You, whether as a result of downloading or reproducing such Content or otherwise. We or third parties, respectively, reserve complete ownership, title and full intellectual property rights in all Content uploaded by Us. Except as expressly authorized by this Terms of Use, you may not use, alter, copy, distribute, transmit, or derive another work from any Content obtained from Us or the Service.

GradRight uses third-party user-generated content including but not limited to written content, photographs, graphics, images, illustrations, marks, logos. You may use such third-party -generated information on the services purposely made available on the Website and/or Application, provided that you do not copy or post such information on any networked computer or broadcast it in any media and make no modifications to any such information without the prior consent of the respective third party. Your use of these third-party user generated content may be subject to the separate policies, terms of use, and fees of these third parties.

GradRight owns, has licensed, or otherwise has rights to use all of the Content that appears in the Service and on the Website and/or Application. You may not upload, post, email or transmit any computer files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; interface with or disrupt our Service or network connected to our Website and/or Application. We reserve the right to terminate your account if you exceed the resource usage to unreasonable amount for unreasonable periods of time. Notwithstanding any provision to the contrary herein, you agree that you have no right or title in or to any Content that appears in the Service and on the Website and/or Application.

You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or conflicts with any applicable law, rule or regulation.

Disclaimer of Warranties

The Services are provided on an “as is” and “with all faults” basis, and without warranty or condition of any kind, either express or implied. Warranties of merchantability, fitness for a particular purpose, accuracy, completeness, correctness, freedom from interruption, viruses or other defects, and non-infringement.

Our Website and/or Application may contain links to third party websites. You agree that We are not liable in any way for the content of any such website and the possible loss arising out of your use of any such website.

Limitation of Liability

You acknowledge and agree that in no event will GradRight (including, without limitation, our affiliates and their respective officers, directors, employees and agents) have any responsibility or liability for the deletion of, or the failure to store or to transmit your content and other communications maintained by the Service. You are solely responsible for any risks associated with the use of our services including unavailability of uninterrupted, timely, virus free service. While We make every attempt to make your access and use of our service safe, damage to your systems or data because of its use shall be your responsibility. We shall not be liable for any direct, indirect, special, punitive, incidental or consequential damages or loss arising out of the use of our services or our Website.

Interpretation

This Agreement, which includes our Privacy policy, constitutes the entire agreement of the parties with respect to the subject matter hereto and supersedes and cancels all prior and contemporaneous agreements, claims, representations and understandings of the parties in connection with the subject matter hereof, oral or written.

If any provision of these Terms of Use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

GradRight’s failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of GradRight’s right to subsequently enforce such provision or any other provisions of this Agreement. No waiver of any provision of this Agreement shall be effective unless in writing.

Governing law

These Terms of Use shall be governed by the laws of India, without regard to principles of conflicts of law and courts in New Delhi having exclusive jurisdiction.

Disputes

Any dispute, controversy or claim arising out of or in relation to this Agreement or the breach, termination or invalidity thereof, shall be settled by arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 2019. The arbitrator shall be appointed by the Company. The place of arbitration shall be New Delhi and any award whether interim or final, shall be made, and shall be deemed for all purposes between the Parties to be made, in New Delhi. The arbitral procedure shall be conducted in the English language and any award or awards shall be rendered in English. The procedural law of the arbitration shall be Indian law. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties.

Contact Information

If You have any questions or concerns with respect to this Terms of Use, Website and/or Application or any information contained on thereon or You come across any activity on the Website that breaches any provision of this Terms of Use, You may contact Us by writing to Us at info grad@gradright.com.