TERMS OF USE

SkillUp from Arissa India - LMS > TERMS OF USE

The Services (defined below) are provided by Arissa India (together with its subsidiaries and international affiliates, hereinafter “Arissa India,” “us,” “we,” or “our”).

These Terms of Use (“Terms”) govern your use of Arissa India’s website and other products and services (“Services”) such as WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by Arissa India, which shall be deemed to be part of the “Services” by reference. Arissa India shall not be responsible for any disruption of services caused by such third-party service providers. Although you may “bookmark” a particular portion of our platform and thereby bypass these Terms, your use of the platform still binds you to these Terms.

These Terms, including any additional terms and conditions and the policies referenced in these Terms, represent a binding contract between you and us about the Services. You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of them, executing a document that references them, or using the Services. Therefore, please read these Terms carefully and contact us at info@arissaindia.com if you have any questions. Furthermore, these Terms of Service apply to all users of the Services, including, without limitation, users who are recruiters, colleges/universities, browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to all the terms and conditions of these Terms, then you may not access the website or use any Services.

Any new features or tools added to the Services shall also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms at any time. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Services following the posting of any changes constitutes acceptance of those changes.

We reserve the right to refuse Service to anyone for any reason.

TERMS OF SERVICES

Registration and Information. You need not register with us to simply visit and view our website; to access and avail of most of our services, you must create a password-protected account (“Account”).

During the registration process, you must also submit your personal information, which may include information relating to your name, age, gender, mobile device and location, among other things. You agree that the information provided by you upon registration and at all times after that will be true, accurate, current and complete. You agree to maintain and update this information to keep it accurate and complete while using the Services.

By sharing your email address & phone number with us, you consent to be contacted via phone calls, SMS notifications, mobile applications, email, and/or any other electronic mode of communication in case of upcoming events, program updates and deadlines.

You are solely responsible for safeguarding your password (“Password”) at all times and shall keep your Password secure at all times. You shall be solely responsible for all activity on your Account, and you shall notify us immediately of any security breach or unauthorized use of your Account. Similarly, you shall never use another’s Account without our permission. You agree that you will not misrepresent yourself or represent yourself as another Services user.

You hereby expressly acknowledge and agree that you will be liable for your losses, damages and expenses (direct or indirect) caused by an unauthorized use of your Account. Notwithstanding the preceding, you may be liable for our losses or others due to such unauthorized use. Arissa India reserves the right to use your social logins to authenticate your identity and/or information provided by you. Arissa India reserves the right to use your social logins to get information to pre-fill your application forms. Arissa India reserves the right to store any information received from such social login and use it for any future job applications on behalf of you to whom such information relates. Arissa India shall not be responsible for any delays in submitting any information you provide.

ARISSA INDIA’S INTELLECTUAL PROPERTY RIGHTS

The Services, Programs (defined below) and related services are owned and operated by Arissa India and its licensors. Except as otherwise provided herein, all content or other material available on our 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 “Arissa India Content”), are the property of Arissa India 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 in the Services, including our Learning Management System, website and application(s), is the property of Arissa India and is protected by Indian and international copyright laws.

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

As a condition of accessing the Services and/or using the Programs, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Arissa India Content or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the Arissa India 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 unauthorized purpose.

Please verify all content before use. If you encounter any incorrect, infringing, offensive, indecent, or objectionable content, please notify us immediately at the address at the bottom of this page.

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

LIMITED LICENSE

The Services are licensed, not sold. Considering your agreement to these Terms, Arissa India grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Services and Programs solely by the Terms and only for the duration you avail our Services. You may download or copy the portions of the Arissa India Content available on the Services for your own non-commercial and personal use only, provided you maintain all copyright and other notices in such Arissa India Content. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Services, Program, or Arissa India Content. Notwithstanding the preceding, certain reference documents, digital textbooks and articles may be made available to you with the permission of third parties. Use of that information is subject to certain rules and conditions, and you agree to abide by all such rules and conditions.

Without limiting the generality of the terms above, the following are types of uses that Arissa India expressly defines as falling outside of the definition of “non-commercial and personal use”:

the sale or rental of (i) any part of the Arissa India Content, (ii) any derivative works based at least in part on the Arissa India Content, or (iii) any collective work that includes any part of the Arissa India Content;
the sale of access or a link to any part of the Arissa India Content;
providing training, support, or editorial services that use or reference the Arissa India Content in exchange for a fee;
the use of Arissa India Content by a college, university, school, or other educational institution for instruction where tuition is charged;
the use of Arissa India Content by a for-profit corporation or non-profit entity for internal professional development or training and
the use of Arissa India Content for display / upload / making available at a place accessible to the general public, including but not limited to any social media sites, video download sites, and torrents.

USER CONTENT

The Services enable you to share your content, such as homework, quizzes, exams, projects, and other assignments you submit, posts in the forums, and the like (“User Content”), with Arissa India, instructors, and/or other users. You retain all intellectual property rights and are responsible for your shared User Content. We are not responsible for any actions you take concerning the User Content, including sharing it publicly. Further, you are not permitted to use another user’s User Content without such user’s express consent.

HOW ARISSA INDIA AND OTHERS MAY USE USER CONTENT

To the extent that you provide User Content, you grant Arissa India a fully transferable, royalty-free, perpetual, sub-licensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting Arissa India the right to authorize institutions offering courses as part of the Services to use User Content with their registered students and on-campus learners independent of the Services. To clarify, this license continues even after you stop using the Services. Nothing in these Terms shall restrict other legal rights Arissa India may have to User Content. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms. To the extent that instructors and/ or other users use User Content in a manner not authorized by you or by Arissa India, Arissa India shall hold no responsibility. It shall bear no liability for any loss, damage or expenses suffered or incurred by you owing to misuse of User Content or breach of your intellectual property rights over the User Content.

We may, but have no obligation to, monitor, edit or remove User Content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that the User Content will not violate any third party’s rights, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that User Content will not contain libelous or otherwise unlawful, abusive or obscene material or any computer virus or other malware that could affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments you or any third party posted.

FEEDBACK

We welcome your suggestions, ideas, comments, and other feedback regarding the Services (“Feedback”). By submitting any Feedback, you grant us the right to edit, copy, publish, distribute, translate or otherwise use the Feedback without any restriction or compensation. By accepting your Feedback, Arissa India does not waive any rights to use similar or related Feedback previously known to Arissa India, developed by its employees or contractors, or obtained from other sources.

We reserve the right to examine and analyze any non-personal information provided by you on the website, including the Feedback. Any reports or compilations generated by us based on your information (“Derivative Reports”) shall belong exclusively to Arissa India. Arissa India reserves the right to use such Derivative Reports for internal purposes or to improve the Services. The Derivative Reports shall be shared with its affiliates and advisors at Arissa India’s option.

SECURITY

We take data security and privacy very seriously at Arissa India. We are proud to share that we are ISO 27001:2013 certified – the highest international standard for Information Security Management Systems (ISMS), demonstrating our commitment to maintaining the highest level of information security, risk management, and data privacy. While we work to protect the security of your Account and related information, Arissa India cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your Account.

THIRD-PARTY CONTENT

Through the Services, you can access and/or use content provided by instructors of Programs offered as part of the Services, other users, and/or other third parties and links to websites and services maintained by third parties. Arissa India cannot guarantee that such third-party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. Arissa India disclaims any responsibility or liability related to your access or use of such third-party content. Any use by you of third-party content is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

It is clarified that Arissa India does not have a principal-agent or employer-employee relationship with any instructor, user or third party and shall not bear any liability or responsibility on behalf of such persons/entities.

EDUCATIONAL PARTNERS AND ACCREDITATION

Arissa India is NOT a university but an education service provider, offering programs (“Program(s)”) in consultation with Indian and International universities, educational institutions, governmental authorities, NGOs, corporates, etc. (each an “Educational Partner”).

Arissa India may offer a credential or other acknowledgment for participants who have satisfactorily demonstrated mastery of the Program material.

Subject to these Terms and upon completing the Program as per Arissa India and/or its Educational Partner’s requirements, you will be awarded the relevant credentials. Arissa India may choose not to offer any credentials or other acknowledgment for some Programs. Arissa India 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 acknowledgment and any performance provided by Arissa India relating to Programs will be determined by Arissa India and/or the Educational Partner 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”) upon fulfilling the criteria and requirements of Arissa India and/or its Educational Partners. You acknowledge that any Program Certificate awarded may or may not include academic credits. You are advised to connect with our Program Office for more details in this regard.

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 Arissa India’s Terms. Without limiting the preceding, 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 Arissa India.

EDUCATION RESEARCH

Arissa India is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in research findings without your consent.

MODIFYING AND TERMINATING OUR SERVICES

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements and suspend or stop a Service altogether. Accordingly, Arissa India may terminate your use of any Service. Arissa India and its directors, instructors, contributors, sponsors, other business partners, and their employees, officers, staff, contractors, and other agents (the “Arissa India Parties”) shall not have any liability to you for any such action. You can stop using our Services at any time.

We may also terminate your access to our Services if it comes to our knowledge that you have violated any of these Terms, our Privacy Policy, any other applicable policies or agreements between us, or any applicable laws. In this regard, we may take any necessary action, including legal recourse and removing any non-compliant information you share.

You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Services, 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 Services, and you shall be responsible for all charges incurred in connection with the use of the Services and Program in connection with all such equipment and ancillary services.

DISCLAIMERS

The services and all included content are provided on an “As is” basis without warranty, whether express or implied. The Arissa India parties specifically disclaim any warranties and conditions of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of a course of dealing or trade usage, whether express or implied. The Arissa India parties further disclaim any liability for your access or use of the services or any related content. You acknowledge and agree that accessing or using the services or such content is at your own risk.

This site may contain certain historical information. Historical information is necessarily not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

LIMITATION OF LIABILITY

To the maximum extent permitted by law, the Arissa India parties shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, lost business opportunities, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any party other than the applicable Arissa India party, including without limitation, any defamatory, offensive, or illegal conduct; (c) unauthorized access, use, or alteration of your content or information; (d) these terms; or (e) act, omission or negligence to which you contributed.

You acknowledge and agree that the disclaimers and the limitations of liability outlined in these terms of use reflect a reasonable and fair allocation of risk between you and the Arissa India parties and that these limitations are an essential basis for Arissa India’s ability to make the services available to you on an economically feasible basis.

You agree that any cause of action related to the services must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Furthermore, Arissa India shall not be responsible for non-availability or access to the website due to any technical reason, including internet speeds or downtime, server downtime, failure of the server to respond, viruses, bugs, Trojan viruses or other malware, whether known or unknown as of date, incompatibility of software or hardware or for any reason whatsoever.

Arissa India does not make any express or implied representations or warranties or any other obligations other than those specifically set out in the Terms and the Privacy Policy.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Arissa India Parties from any claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to Service descriptions, pricing, promotions, offers etc. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or related website has been modified or updated.

GOVERNING LAW AND JURISDICTION

Arissa India manages the Services. You agree that any dispute related to these Terms will be governed by the Indian laws, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the national and state courts located in and serving Banglore as the legal forum for any such dispute.

Excluding claims for injunctive or other equitable relief, you or Arissa India may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution (“ADR”) provider, mutually agreed upon by you and Arissa India. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone, or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.

REVISIONS TO THE TERMS

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services or when you cease using our site.

If, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice, and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SEVERABILITY AND WAIVER

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

ACCEPTABLE USE POLICY

You are prohibited from using our Services to share content that:

Is harmful to children.
Contains illegal content or promotes illegal activities with the intent to commit such activities. Please keep in mind that learners as young as 13 use Arissa India, and we do not allow inappropriate content for these younger learners.
Contains credible threats or organizes acts of real-world violence. We do not allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.
Harasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is prohibited.
Violates intellectual property, privacy, or other rights. Do not share content you do not have the right to share, claim content you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials you use or quote to the original copyright owner.
Is patently false and untrue and is written or published in any form, intending to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.
Deceives or misleads the addressee about the origin of the message/content or knowingly and intentionally communicates any information that is patently false or misleading but may reasonably be perceived as a fact or communicates any grossly offensive or menacing information.
Contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource.
Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever.
Threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to commission any cognizable offense or prevents investigation of any offense or is insulting any other nation.
Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.
Otherwise, it violates these Terms. Please note that specific courses offered as part of the Services may have additional rules and requirements.

You also are not permitted to:

Do anything that violates local, state, national or international law or breaches your contractual obligations or fiduciary duties.
Share your password, let anyone access your Account, or do anything that might put your Account at risk.
Attempt to access any other user’s Account.
Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services unless specifically authorized.
Access, tamper with, or use non-public areas of our systems unless specifically authorized.
Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks unless specifically authorized to do so.
Try to reverse engineer any portion of our Services.
Try to interfere with any user, host, or network, for example, by sending a virus, overloading, spamming, or mail-bombing.
Use our Services to distribute malware.
Impersonate or misrepresent your affiliation with any person or entity.
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 the password, account, personal information, confidential information or private information from any user of the Services or any other third party whatsoever. However, suppose any such event does take place. In that case, Arissa India shall not be liable for any data loss or if the user’s device, computer system or any other property is compromised.
Encourage or help anyone do any of the things on this list.

COPYRIGHT AND TRADEMARK POLICY

Arissa India respects the intellectual property rights of our instructors and other third parties and expects our users to do the same when using the Services. We reserve the right to suspend, disable, or terminate the Accounts of users who infringe or are charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

If you believe in good faith that materials on the Services infringe your copyright, you may notify us by email, and we will review your complaint. If we deem it appropriate, we may remove the offending content, warn the individual who posted it, and/or take other appropriate actions and communicate it to you.

The email complaint must include the following information:

the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed (or, if a single notification covers multiple copyrighted works located on the Services, a representative list of such works);
identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Arissa India to locate the material on the Services;
the name, address, telephone number, and email address (if available) of the complaining party;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right allegedly infringed.

We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims.

PRIVACY

By using the Services, you agree to our Privacy Policy, the terms of which are incorporated into, and form a crucial part of, these Terms. Our Privacy Policy sets out the terms on which we process any personal or financial data we collect from you or that you provide to us. Our Privacy Policy shall also apply to your use of our website, and by using our website, you consent to such processing, and you warrant that all data you provide is accurate.

ENTIRE AGREEMENT

These Terms and any policies or operating rules posted by us on this site or with respect to the Service, along with any Program-specific terms, constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in interpreting these Terms of Service shall not be construed against the drafting party.

ASSIGNMENT

Arissa India may freely transfer or assign any portion of its rights or delegate its obligations under these or any Program-specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of Arissa India.