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Terms and Conditions

 

Last updated on October 23, 2022

 

These Terms of Use (“Terms and Conditions”) mandate the terms on which the users (“You” or “Your” or “User”) access and register on the Platform https://www.upmarketacademy.com/ and/or mobile application Tredu.app (hereinafter collectively referred to as, the “Platform”) owned and operated by Upmarket Academy Private Limited, a private limited company registered under Indian Laws which allow and include its affiliates and permitted assign, (referred to as “UPMARKET ACADEMY”, “TREDU”, “Company,” “we,” “our,” or “us”).

 

When you access, browse, or use this Platform, you accept, without limitation or qualification, the below mentioned terms and conditions and notices stated herein, as updated from time to time (“Terms and Conditions” or “T&Cs”). As long as you comply with the Terms and Conditions, we grant you a non-exclusive, non-transferable, limited right to enter, view, and use this Platform. If you do not want to be bound by the T&Cs, you agree to immediately discontinue your use of this Platform.

 

Please read the Terms of Use and Privacy Policy carefully before registering on platform or accessing any material, information through platform. The Company retains an unconditional right to modify or amend this Terms of Use without any requirement to notify You of the same. You can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be Your sole responsibility to check Terms of Use periodically for changes. Accordingly, please continue to review the Terms whenever accessing or using the platform. Your use of the platform as defined above, after the posting of modifications to the Terms will constitute your acceptance of the Terms, as modified. Your use of platform on continuous basis shall signify Your confirmation to the changes and the agreement to be legally bound by the same. Alongwith this Terms of Use, your use of our Platform is also governed by the policies as provided on our Platform. Your continued access or use of the Platform after the modifications have become effective shall be deemed your conclusive acceptance of the modified Agreement or Rules.

 

THIS PLATFORM DOES NOT OFFER, SOLICIT OR ARRANGE FOR THE SALE OR PURCHASE OF SECURITIES. THE PLATFORM AND ITS CONTENT INCLUDING ANY CONTESTS ARE PART OF A STOCK MARKET SIMULATION. NO ACTUAL SECURITIES ARE PURCHASED, SOLD OR TRADED AS PART OF SERVICES UNDER THE PLATFORM. ALL INFORMATION IS PROVIDED FOR EDUCATION, ENTERTAINMENT AND RECREATIONAL PURPOSES ONLY. INVESTMENT IN STOCK MARKET ARE SUBJECT TO MARKET RISK, READ ALL THE RELATED DOCUMENTS CAREFULLY BEFORE INVESTING. FURTHER, WE DISCLAIM ALL WARRENTIES IN RELATION TO THE SRVIVECES PROVIDED UNDER THE PLATFORM. TO UNDERSTAND MORE PLEASE REFER TO OUR DISCLAIMER.

 

General

 

The Contests are for educational and entertainment purposes only. The Platform is limited to personal, non-commercial use and the content contained therein may not be copied, modified, duplicated or distributed in any form or for any reason with the express written consent of Company. This Agreement is subject to changes by Company without prior notice and its vendors believe their data and text services to be reliable but accuracy is not warranted or guaranteed.

 

Purpose of this Platform and the Content therein

 

  • Company provide education and learning tutorials alongwith the virtual setup as a part of stock market simulation to educate its users for making investments or trading in securities. Company is committed to innovate this tool to make your life more easy going forward.

 

  • We reserve the right to undertake all necessary steps to ensure that the security, safety, and integrity of our systems as well as its users’ interests are and remain, well–protected. Towards this end, we may take various steps to verify and confirm the authenticity, enforceability, and validity of service orders placed by you.

 

Your Account

 

To avail paid services, You need to create an account on Compay’s Platform in order to use/avail services. To create an account, you must be atleast 18 years old and provide truthful and accurate information about yourself.

 

Fees and Invoicing

 

  • We will issue you a valid tax invoice in respect of each service. We will notify you as soon as the deliverable is ready for download. You will be required to pay all fees before downloading of the deliverable. Except as specified herein or in the Order Form (i) fees are based on the Services requested / purchased and not actual usage, (ii) payment obligations are non-cancellable and fees are non-refundable.

 

  • Payment shall be made: (a) in full without set-off, counterclaim or withholding of any kind (save where and to the extent that this cannot by law be excluded); and (b) in the currency mentioned in the order confirmation.

 

  • You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.

 

  • We will re-issue any invoice if any error is later discovered. If you have overpaid as a result of a billing error, your account will be credited with the overpayment or, if you have stopped acquiring the Service from us, we will refund the overpayment promptly after your request and after deduction of any other amounts due by you to us.

 

  • Billing Dispute: You may dispute an amount invoiced by us but only if you do so in accordance with this clause:

 

  • Except to the extent you raise a valid billing dispute in respect of our invoice, you agree that the invoice is valid and payable (and you must pay any undisputed amount included in the invoice in accordance with this clause ‘Fees and Invoicing’.

 

  • To raise a valid billing dispute, you must (i) make a good faith request to us to investigate the specific charges or invoice, providing at the same time specific evidence which demonstrates that a particular charge or invoice is incorrect; and (ii) make any such request to us within 1 month of the date of the relevant invoice.

 

  • On receiving good faith dispute request from you, we will conduct investigations which are reasonably necessary and appropriate in the circumstances of the dispute. At the end of these investigations, you will pay any outstanding amount within five Business Days.

 

Refunds/Cancellation

 

We firmly stand by the quality of our content and do not offer any refunds. In order to ease your decision making, we offer 7 days trial period for refund for courses with subscription. However, if someone has purchased simulator’s, in that case Company will not be liable for any refund. Further to this, any other payments made to this Platform are non-refundable, irrevocable and non-creditable.

 

 

 

Referral Income

 

  • Company may from time to time introduce referral and/or incentive based programs for its registered users. These Program(s) may be governed by their respective terms and conditions. By participating in the Program, you are bound by the Program terms and conditions as well as the Platform terms. Further, Company reserves the right to terminate / suspend your account and/or credits / points earned and/or participation in the Program if Company determines in its sole discretion that you have violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Company’s Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Company reserves the right to modify, cancel and discontinue its Program without any notice.
  • Company may from time to time offer to credits, promo codes, vouchers or any other form of cashback that Company may decide at its discretion. Company reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.

 

Intellectual Property

 

  • The Content presented on the Platform (including but not limited to text, design, software, graphics, audio, video, HTML code, and data) is protected by copyright law, trademark law, and other applicable intellectual property laws and is the exclusive property of us. You agree to follow all instructions on the Platform limiting the way you may use the Content.

 

  • We reserve all rights to this Platform and its Content. This Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever, without our prior written consent. You may use the Content for your limited personal and non-commercial purposes in accordance with applicable law governing intellectual property rights. You may download and print one copy of any Content expressly specified as available for download solely for your personal, non-commercial use. Provided however, that you hereby agree not to modify the Content so downloaded, in any way whatsoever and that you shall not alter any copyright, trademark, and other proprietary notices or symbols attached/affixed to such Content. Any other use or modification of the Content without our prior written authorization is expressly prohibited.

 

  • Trademarks, logos, and service marks displayed on this Platform are our sole and exclusive property. Nothing contained in this Platform shall be construed as conferring any license or right to any copyright, trademark, logo, service mark, or other proprietary interest of us or any third party.

 

Use of The Platform:

 

  • You hereby agree not to use contact information provided on the Platform for any unauthorized purposes, including but not limited to marketing. You shall not use any hardware or software intended to damage or interfere with the proper working of the Platform or to surreptitiously intercept any system, data, personal information, or Content on the Platform. You agree not to interrupt or attempt to interrupt the operation of the Platform in any manner whatsoever. We hereby reserve the right, in its sole discretion, to limit or terminate your access to or use of the Platform at any time without notice to you.

 

  • You agree and undertake to use the Platform appropriately. By way of example, and not as a limitation, you agree and undertake that when using the Platform, you will not:

 

  • host, display, modify, transmit, update, publish, post, upload, distribute, disseminate, or share (collectively “Post”) any information that is knowingly false and/or defamatory, grossly harmful, harassing, blasphemous, inaccurate, abusive, obscene, pornographic, paedophilic, libellous, indecent, vulgar, sexually-oriented, hateful or racially, ethnically objectionable, threatening, profane, lewd, seditious, invasive of a person’s privacy, disparaging, relating or encouraging money laundering or gambling, illegal, harmful, derogatory, or unlawful or violates any law in force or adversely affects our reputation or goodwill, or otherwise unlawful in any manner;

 

  • Post information that harms minors;

 

  • stalk, or otherwise violate the legal rights of other users;

 

  • Post information that infringes any patent, trademark, copyright, or other proprietary/intellectual property rights of another person or Post information that belongs to another person and to which you do not have any rights to;

 

  • Post files that contain viruses, Trojan horses, worms, keystroke loggers, spyware, adware or corrupted files, or any other computer code, files or programs designed to interrupt, destroy, harm, or limit the functionality of the Platform or another user’s computer, computer system/network/database or user’s data or software;

 

  • conduct or forward surveys, contests, pyramid schemes, or chain letters on the Platform;

 

  • Post information that threatens the unity, integrity, defence, security, sovereignty, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offense or is insulting any other nation;

 

  • download any file Posted by another user that you know, or reasonably should know, cannot be legally distributed in such a manner;

 

  • Post any information that deceives or misleads the addressee about the origin of such messages or impersonates another person or communicates any information that is grossly offensive or menacing in nature;

 

  • violate any applicable laws or regulations for the time being in force; or

 

  • make the Platform available over a network where it could be used by multiple devices or multiple users at the same time.

 

  • You shall be solely responsible for complying with the laws of the country from which you are accessing this Platform and you agree that you will not access or use the information on this Platform in violation of such laws. In addition, you may not use this Platform:

 

  • In a way that breaches any applicable local, national, or international law or regulation;

 

  • In a way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or

 

  • reject a user from registering on the Platform without assigning any reason thereof;

 

  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other similar form of solicitation (spam) or any material that you are not authorized to use, disclose, distribute, or share.

 

  • You guarantee, warrant, and certify that you are the owner of the content that you Post on the Platform (“User Content”) or are otherwise authorized to use the User Content and that the User Content does not infringe upon the property rights, intellectual property rights, or any other rights of any other person. You further warrant that to your knowledge, no action, suit, proceeding, or investigation has been instituted or threatened relating to any User Content, including trademark, trade name service mark, and copyright formerly or currently used by you in connection with the User Content.

 

  • You hereby agree that access to certain areas of this Platform may be available only to registered users. To become a registered user, you may be required to answer certain questions and provide some personal information. Answers to such questions may be mandatory and/or optional. You hereby represent and warrant that all information supplied to the Platform is true, complete, and accurate.

 

Regulatory Powers

 

You hereby acknowledge and agree that we reserve the right to:

 

  • limit, deny, or restrict the use or access to the Platform in entirety or certain portions of the Platform to specific users, including yourself, at its sole discretion;

 

  • reject a user from registering on the Platform without assigning any reason thereof;

 

  • suspend/cancel/deactivate any user’s account/registration for any reason that we shall deem fit, or

 

  • delete, edit, or move any Content Posted on the Platform for any reason whatsoever.

 

  • Use your name, logo or any other trademark , if any, for marketing and promotional activities if you’ve availed any service(s) from our Platform. Such usage shall be in a manner that does not derogate your rights in your trademarks, names and logos by us.

 

  • Use your data to analyse, develop and build services, tools and systems for users benefits.

Confidentiality

 

  • We shall maintain complete confidentiality of user data, including manuscript uploaded on this platform. All vendors are contractually obliged to maintain strict confidentiality of user data and have agreed not to disclose such confidential information to unauthorised. Access to the user data is limited to the person who is in charge or required to work on the document. We also assure compliance with applicable laws concerning the protection of personal information and promise to handle Customer’s personal information with great care.

 

  • The information collected from the users by us shall be held and maintained in accordance with our ‘Privacy Policy’.

 

Breach of T&Cs

 

When a breach of these T&Cs has occurred, we may take all or any of the following actions or any such action as it deems appropriate, including but not limited to the following:

 

  • Immediate, temporary, or permanent withdrawal of your right to use the Platform;

 

  • Issuance of a warning to you;

 

  • Initiation of legal proceedings against you for reimbursement of all resulting costs and expenses suffered by us on an indemnity basis (including but not limited to reasonable administrative and legal costs); and

 

  • Disclosure of such information to law enforcement authorities as is reasonably necessary.

 

  • We hereby expressly disclaim all liability for any and all actions taken by us in response to a breach of the T&Cs committed by you.

 

Site Performance

 

Company is not liable for any delay or failure of the Platform. There is no guarantee that Users will be able to access the Platform whenever and wherever desired. There may be extended periods of time when you cannot access the Platform for various reasons, many beyond our control. Heavy traffic on the Platform may affect your access. No corrections or adjustments will be made for trades, attempted trades or missed trades affected by the site’s operation or downtime. The Platform will not recognize the attempted trades that it did not process.

 

No Investment Advice by Company

 

Company are not investment advisory services, nor are they registered investment advisors or broker-dealers and do not purport to tell or suggest which securities customers should buy or sell for themselves. The analysts, employees, and/or affiliates of the Company may hold positions in the stocks or industries discussed here. You understand and acknowledge that there is a very high degree of risk involved in trading securities. The Company, the authors, the publisher, and all affiliates of Company assume no responsibility or liability for your trading and investment results. Factual statements on the Platform or in its publications, are made as of the date stated and are subject to change without notice.
It should not be assumed that the methods, techniques, or indicators presented in these products will be profitable or that they will not result in losses. Past results of any individual trader or trading system published by Company are not indicative of future returns by that trader or system, and are not indicative of future returns which be realized by you. In addition, the indicators, strategies, columns, articles and all other features of Company’s products/services (collectively, the “Information”) are provided for informational and educational purposes only and should not be construed as investment advice. Examples presented on Platform are for educational purposes only. Such set-ups are not solicitations of any order to buy or sell. Accordingly, you should not rely solely on the Information in making any investment. Rather, you should use the Information only as a starting point for doing additional independent research in order to allow you to form your own opinion regarding investments. You should always check with your licensed financial advisor and tax advisor to determine the suitability of any investment.


Company names, products, services and branding cited herein may be trademarks or registered trademarks of their respective owners and the owners retain all legal rights. The use of trademarks or service marks of another is not a representation that the other is affiliated with, sponsors, is sponsored by, endorses, or is endorsed by the Company.

 

Indemnity

 

  • You hereby agree to indemnify, defend, and hold harmless us and our affiliates and their directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages, and costs, including reasonable legal fees and court costs, arising or resulting from your use of the Platform and any violation of these Terms and Conditions. If you cause a technical disruption of the Platform or the systems transmitting the Platform to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages, and costs, including reasonable legal fees and court costs, arising or resulting from that disruption.

 

  • Unless otherwise explicitly agreed in writing, we neither warrant nor make any representations regarding the quality, accuracy, or completeness of any Content on the Platform. In no event shall we or any of our employees, directors, shareholders, or representatives be liable for any direct, indirect, punitive, incidental, special, consequential damages, or for any lost profits or revenues, business interruption, loss of data, or any other damages resulting from: (a) the use or the inability to use the Platform or reliance on any Content contained in this Platform; (b) unauthorized access to or alteration of the user’s transmissions or data; (c) damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform; (d) any delay or inability to use the Platform or related services provided on the Platform; (e) non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond our control; (f) any interruption or delay in provisions of any services or access to this Platform, due to any force majeure event beyond our reasonable control, including but not limited to acts of God, flood, fire, blockades, riots, embargoes, government actions, regulatory sanctions, power outages, unavailability or non-functioning of payment gateway services, disruption of communication services in any country or area, etc. (g) any other matter relating to the Platform or the services available on the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability, or otherwise.

 

Force majeure

 

Company shall not be responsible for delay or default in the performance of their obligations due to contingencies beyond their control, such as (including but not limited to) losses caused directly or indirectly by exchange or market rulings, suspension of trading, fire, flood, civil commotion, earthquake, war, strikes, failure of the systems, failure of the internet links or government / regulatory action.

 

Severance

 

In the event of any one or more of the provisions contained in this Agreement becoming invalid, illegal or unenforceable in any respect under any law for the time being in force, the validity, legality and enforceability of the remaining provisions contained herein shall not in any way be prejudiced or affected thereto.

 

Changes to the Platform and these Terms

 

  • We may alter or modify the features of the Platform with respect to different user(s), or change any of the features or introduce new features on the Platform without prior notice to any user.

 

  • We reserve the right, at our sole discretion, to change, modify, add, or remove any portion of these T&Cs, in whole or in part, at any time, temporarily or permanently, without notice and without liability, by posting revised terms on the Platform. You hereby agree that it is your responsibility to check periodically for any changes made to these T&Cs. Your continued use of the Platform after any changes to these T&Cs signifies your acceptance of the updated T&Cs.

 

Age Restrictions

 

  • If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms and Conditions and Privacy Policy.
  • The Parent or legal guardian must agree to the Platform Terms at the time of their registration on the Platform. Please note that minors/children are not by themselves eligible to register on the Platform. When a Minor/Child uses the Platform, we assume that the Parent of such Minor/Child has enabled the Minor/Child’s usage of the Platform by agreeing to the Platform Terms and that such usage is under the supervision of their Parent or legal guardian.

 

Disclaimers and Limitation of Liability

 

  • While we will use reasonable efforts to provide reliable Content through this Platform, we do not warrant that this Platform is free of inaccuracies, errors, and/or omissions. This Platform may contain certain historical information, which is provided for your reference only. We reserve the right to modify the Content presented on this Platform at any time, without notice to you.

 

  • The Platform may contain links to other Platforms (‘Embedded Platforms’). The Embedded Platforms are not under our control and we are not responsible for the contents of any Embedded Platform, including without limitation any link contained in an Embedded Platform, or any changes or updates to an Embedded Platform. We are not responsible for any form of transmission, whatsoever, received by you from any Embedded Platform. We are providing these links or allowing users to provide you these links only as a convenience, and the inclusion of any link does not imply endorsement by us of the Embedded Platforms or of any information contained in the Embedded Platform or any association with the operators or owners of the Embedded Platform.

 

  • You hereby expressly acknowledge that internet transmissions are never completely private or secure. You understand that any message or information sent by you to us or Posted on the Platform may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (sent in code). It is expressly clarified that we do not bear any additional responsibility towards you on account of your sending a message to us.

 

  • For the avoidance of doubt, it is clarified that except as otherwise expressly provided in these T&Cs, we make no representations, guarantees, or warranties, written or oral, express or implied, to the user or to any other person or entity regarding the services, the Content on the Platform, any hardware, or software.

 

Grievance Redressal

  • Should you have any grievance or complaints in relation to your use of the Platform, please contact us, at info@upmarketacademy.com or info@tredu.app who shall respond to your grievance within our reasonable time.

 

Governing Law/Dispute Resolution

 

  • If any dispute arises between you and us in respect of your use of the Platform or thereafter, in connection with and arising from your use or attempt to use this Platform, such dispute shall be solely resolved by reference to arbitration. The place of arbitration shall be India. The arbitration proceedings shall be in English language.

 

  • These terms and conditions are governed by and shall be construed in accordance with the laws of The India and any dispute shall, subject to the arbitration clause specified above, exclusively be subject to the jurisdiction of the appropriate Courts situated at Jaipur.