Harappa Learning Private Limited is a company registered in India with its registered office at N-154 Panchsheel Park New Delhi, South Delhi – 110017, India (referred to herein as “Harappa”, “we”, “our” or “us”). Harappa is a web and mobile based platform which offers curated and specially designed and scripted courses aimed at strengthening foundational skills and building competencies geared towards achieving professional success through its website, https://dev-prelogin.harappa.education/ (or any successor site) and its related sub-domains, sites, mobile applications and tools accessed through a mobile device, mobile application, computer or any other device (“Website”).
The terms “Service” or “Services” would mean the online courses including any collateral content offered by Harappa on the Website including the mobile application. The services provided by Harappa shall include (i) The provision to the User to access Content (as defined below), including the courses on the Website which has been paid for by the User; and (ii) Harappa customer support, enabling you to contact Harappa at email@example.com with any queries that you may have in relation to the Services provided by Harappa. Services shall include, but not be limited to, any services Harappa performs for you, any applications or widgets offered by Harappa that you download from the Website or from third party application stores authorized by Harappa, as well as the offering of any materials displayed or performed on or through the Services (including Content).
4. REGISTRATION AND ELIGIBILITY
You may browse the Website and view certain content without registering, but as a condition to accessing full courses on the Website, you are required to register with Harappa by creating an Account (as defined hereinafter) on the Website and represent, warrant and covenant that you provide Harappa with accurate and complete registration information (including, but not limited to a user name (“User Name”), e-mail address and a password you will use to access the Website)
Harappa reserves the right to refuse registration of, disable or cancel a User Name in its sole discretion. You shall be responsible for restricting access to your mobile phone/computer to prevent unauthorized access to your Account.
Without limiting the generality of the terms above, the following are types of uses that Harappa expressly defines as falling outside of the definition of “non-commercial and personal use”, as used hereinabove; (i) the sale or rental of (a) any part of the Content, (b) any derivative works based at least in part on the Content, or (c) any collective work that includes any part of the Content; (ii) the sale of access or a link to any part of the Content; (iii) providing training, support, or editorial services that use or reference the Content in exchange for a fee; or (iv) the use of Content for display / upload / making available at a place that is accessible to the general public in any manner, including but not limited to any social media sites, video download sites, and torrents.
- your not modifying the content displayed on the Website,
- your keeping intact all copyright, trademark and other proprietary notices,
- your acceptance of any terms, conditions and notices accompanying the content or otherwise set forth in this Website,
- your agreeing to acknowledge Harappa as the source, citing the uniform resource locator (“URL”) of the page from which the information has been taken.
7. USER CONTENT
You represent and warrant that you have all rights to grant such license to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You further represent and warrant to not post any User Content for which you do not have the right to grant Harappa a license.
You understand that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such Content originated; that Harappa will not be liable for any errors or omissions in any Content; and that Harappa cannot guarantee the identity of any other users with whom you may interact in the course of using the Website.
When you delete your User Content, they will be removed from the Website. However, you understand that any removed User Content may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded your User Content or maybe retained by Harappa for such period as stipulated under law.
8. ELECTRONIC COMMUNICATIONS
When you use the Website or send an email or other data, information or communication to Harappa, you agree and understand that you are communicating with Harappa through electronic records and you consent to receive communications via electronic records from Harappa periodically and as and when required. Harappa will communicate with you by email or by notifications on the Website which will be deemed adequate service of notice / electronic record.
9. COURSES AND FEES
While the Website is freely accessible to the User(s), the User needs an Account for any purchase of the Services on the Website. Furthermore, Harappa offers several courses on the Website, each of which may be accessed by the User on payment of the fee, which shall be priced per course (“Course Fees”). It is the responsibility of the User enrolling in any specific course to evaluate the suitability and relevance of the course selected. The enrolment into a course is non-transferable.
Upon payment of the Course Fees in whole, Harappa shall grant you access to the respective course for which the Course Fees has been paid. The invoice may be provided to you along with the email confirmation or within 2 (two) months thereafter. This shall be proof of delivery against the successful payment of fees. The User may pay the Course Fees, or any other such fee, by using the payment gateway services available on the Website.
Harappa may at its sole discretion introduce new services and modify some or all of the existing Services offered. Harappa reserves the right to cancel or reschedule any courses or live lectures/webinars or to alter, modify or rearrange the modules and the content therein. In such an event Harappa reserves the right to introduce fees for the new Services offered or amend/introduce the Course Fees for existing Services, as the case may be. Changes to the Course Fees policies shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to Harappa within such time as specified in the invoice.
Harappa reserves the right to issue a warning, temporarily/indefinitely suspend or terminate your membership/Account of the Website and refuse to provide you with access to the Website in case of non-payment of the Course Fees by you to Harappa. Harappa also reserves the right to take legal action in case of non-payment of fees by you to Harappa.
Notwithstanding the above and in the event of exceptional circumstances, if Harappa has granted you access to a course pending payment or part payment, and Harappa does not receive payment or the remaining payment, as the case may be, within the stipulated time period, Harappa may, at its own discretion, withdraw your access to the course without giving any prior notice without prejudice to any other rights of Harappa.
Payment of Fees
To make payment of the Course Fees, and any other fees as Harappa may introduce, you must have internet access, an Account on the Website, and a current valid accepted payment method as shall be specified by Harappa. Harappa does not store any of your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateway services for the payment. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Harappa’s third-party payment provider stores any such information, Harappa will not be responsible for such storage, and it will be solely at your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by you due to the usage of such information will be solely a loss incurred by you, and Harappa is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever.
You agree that depending on where you transact with us, the type of payment method used and where your payment was issued, your transaction with us may be subject to foreign exchange fees or exchange rates. Harappa does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information you provide to us at the time of enrolment/purchase.
Any refunds, if applicable, shall be made in accordance with Harappa’s refund policy as available on the Website.
If you have subscribed for a free trial, the free trial period will last for the period of time specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid course within the last 6 (six) months, or if your payment method, physical address or email address has been associated with an Account for that paid service, you are not eligible to receive a free trial for that course. If you begin your subscription with a free trial, you may be ineligible for certain features of a course during your free trial period. Provided that nothing contained above shall form any obligation on Harappa to offer a free trial to any User.
10. USE OF THE WEBSITE
Harappa neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. Harappa has no control over the third party user generated content.
You agree, undertake and confirm that your use of the Website shall be in accordance with applicable laws and be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information or item that:
- belongs to another person and to which you do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic;
- pedophilic, libelous, 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;
- harms minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee/ Users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- is intended to obtain password, account, personal information, confidential information or private information from any User of the Website;
- 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;
- is false, inaccurate or misleading; and
- creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other suppliers;
The User shall not use this Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Website to become Users of other on or offline services directly or indirectly competitive or potentially competitive with Harappa.
Certification and Acknowledgement
Harappa may offer an acknowledgement, credential or certification for Users who complete the respective courses. The decision to award any credential or acknowledgment to a specific User, and the format of any such certificate, shall be solely at the discretion of Harappa. The User acknowledges that such certification is not affiliated to any educational institution and is not intended to convey academic merit or count towards academic credits of any educational institution. Harappa, the course instructors, and the associated participating institutions have no obligation to have any course recognised by any educational institution or accreditation organisation.
The User shall be exclusively responsible for obtaining and maintaining all telephone, computer hardware, software and other ancillary equipment needed for access to and use of this Website and all charges related thereto, and for ensuring that such equipment is compatible with the Website and Services. Harappa shall not be liable for any damages to the User’s equipment resulting from the use of this Website.
Harappa shall have the right, but not the obligation, to monitor the Website, Services and Content at all times, including any chat rooms and forums that may hereinafter be included as part of the Website, to determine compliance with this agreement and any operating rules established by Harappa, as well as to satisfy any applicable law, regulation or authorized government request.
13. INTELLECTUAL PROPERTY AND OWNERSHIP
Copyright and Trademark Policy
We reserve the right to suspend, disable, or terminate the Accounts which repeatedly infringe or are repeatedly 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, please provide us a notice requesting that the material be removed or access to it blocked and we shall review your complaint. The notice must include the following information:
- identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, 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 Harappa 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;
- the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a statement that the information in the notification is accurate and, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Harappa also respects the trademark rights of others. Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by us in our sole discretion. If you are concerned that someone may be using your trademark in an infringing way on our Services, please email us at firstname.lastname@example.org and we will review your complaint. If we deem appropriate, we may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
14. UNAVAILABILITY OF WEBSITE AND PAYMENT GATEWAY SERVICES
You understand and acknowledge that due to circumstances both within and outside the control of Harappa, access to the Website may be interrupted, suspended or terminated from time to time. In particular, and not in limitation of the foregoing, Harappa shall not be liable in any way for any delay in responding to an inquiry or question forwarded by you or the effects any delay or unavailability may have on you. You agree that Harappa shall not be liable for any damages arising from any such interruption, suspension or termination of the website and that you shall put in place contingency plans to account for such periodic interruptions or suspensions of the website.
15. PRIVACY AND CONSENT
17. THE OPT-OUT PRACTICE
- If you are no longer interested in receiving e-mail announcements and other marketing information from us, or you want us to remove any personal information that we have collected about you, you can opt-out anytime by sending an e-mail about your request to Harappa.
- We use and/or may hereafter use third-party service providers to serve ads on our behalf across the Internet and sometimes on this Website. We also use third party service providers such as Google, Facebook and LinkedIn on the Website for tracking user behavior for marketing purposes, for provision of embedded services, etc. They may collect anonymous information about your visits to our Website, and your interaction with our products and services. They may also use information about your visits to this and other websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, cookies and any other method which is industry standard technology used by most major websites to collect information regarding usage of the Website by any User. No personally identifiable information of the User is collected or used in this process.
18. BREACH AND SUSPENSION OF SERVICES
Without limiting other remedies, Harappa may without liability, limit your activity, immediately remove your personal information or User Content, warn other Users of your actions, immediately temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to the Website in the event and remove any non-compliant personal information or User Content, but not limited to:
- If Harappa is unable to verify or authenticate any information you provide;
- If you fail to reasonably cooperate in any investigation by us;
- If it is believed that your actions may cause legal liability for you, other Users or Harappa; and
- If Harappa believes that you have breached any applicable law.
20. WARRANTY DISCLAIMER
The Website, Services and Content are provided “as is”, “as available” and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, save to the extent required by law.
Save to the extent required by applicable law, Harappa has no special relationship with, or fiduciary duty to you. You acknowledge that Harappa has no control over, and no duty to take any action regarding: which Users gain access to the Services; what Content you access via the Services; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.
You understand that Harappa has no obligations to verify the original documents submitted by a User and have assumed that the same are true, correct and complete in all respects.
You release Harappa from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Harappa makes no representations concerning any Content contained in or accessed through the Services, and Harappa will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services.
Harappa makes no representation or warranty, express or implied that/regarding:
- the Website will meet your requirements;
- the Website will be available on an uninterrupted, timely, secure, or error-free basis;
- the results that may be obtained from the use of the Website or any Services offered through the Website will be accurate or reliable.
- any third party data provided to Harappa or its transmission, timeliness, accuracy or completeness, including but not limited to implied warranties or warranties of merchantability or fitness for a particular purpose. Harappa will not be liable in any way to you or to any other person for any inaccuracy, error or delay in or omission of any third party data or the transmission or delivery of any such third party data and any loss or damage arising from (a) any such inaccuracy, error, delay or omission, (b) non-performance, or (c) interruption in any such third party data due either to any negligent act or omission by Harappa or “force majeure” or any other cause beyond the control of Harappa.
- Conduct of Users or any third-party in connection with the Services; the veracity of any information Users provide; any communications or meetings with Users or persons the Users may otherwise meet through the Services including any personal meetings that Users may have with each other.
In no event shall we be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of the above including, without limitation, bodily injury, emotional distress, and any damages. You release us from all liability relating to your connections and relationships with other Users. You understand that we do not, in any way, screen users, nor do we inquire into the backgrounds of Users or attempt to verify their backgrounds or statements.
Harappa and its shareholders, directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that:
- the Services will be secure or available at any particular time or location;
- any defects or errors will be corrected;
- any content or software available at or through the Services is free of viruses or other harmful components; or
- the results of using the Services will meet your requirements.
Your use of the Website, Services, Content and add-to link is solely at your own initiative and risk and you are solely liable for compliance with all applicable laws. Some states / countries do not allow limitations on implied warranties, so the above limitations may not apply to you. No advice or information, whether oral or written, obtained by any User through or from the services shall create any warranty not expressly stated herein.
Harappa shall not be responsible for the delay or inability to use the Services, the provision of or failure to provide Services, or for any information, software, Services and related graphics obtained or otherwise arising out of the use of the Services, whether based on contract, tort, negligence, strict liability or otherwise. Further, Harappa shall not be held responsible for non-availability of the Services and/or the Website during periodic maintenance operations or any unplanned suspension of access to the Services that may occur due to technical reasons or for any reason beyond our control. The User understands and agrees that any material and/or data downloaded or otherwise obtained through use of the Services is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from
- breach of contract,
- breach of warranty,
- negligence, or
- any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
All details of the Users of the Website included in or available through this Website are provided for use without warranties of any kind, either express or implied. Harappa, its shareholders, its holding company, its subsidiaries, and its licensors do not warrant that the information or other material which is placed on the website by any person is correct. Your use of the Website is solely at your risk. You agree that Harappa shall have no responsibility for any damages suffered by you in connection with the use of the Website or any content contained therein or any damage suffered in the event of default or misrepresentation by any other user of the Website.
Harappa is under no obligation to become involved in disputes or between two Users, or between Users and any third party arising in connection with the use of the Website. You release Harappa, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Services.
22. LIMITATION OF LIABILITY
Harappa shall not be responsible for any act or omission which could be attributable to a default of any other person over which Harappa does not exercise control, including without limitation any error or failure or inability of the network service provider or any failure of any personnel of the client.
Harappa’s liability in any circumstance is limited to the amount of Course Fees, if any, paid by you to Harappa. Harappa, its associates, affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website. Consequently, Harappa assumes no liability whatsoever for any monetary or other damage suffered by you on account of:
- Any interruption or errors in the operation of the Website. You expressly understand and agree that Harappa shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Harappa has been advised of the possibility of such damages).
Once intimated to Harappa in writing, Harappa will utilize all methods at its disposal to control the damage at the earliest. Harappa shall not be liable for any loss or damage arising out of or in connection with:
- any error or inaccuracy in the data entered by you or any other User; and
- any negligence, breach of contract, misrepresentation or willful misconduct of the User.
External Links – The Website contains links to other Internet sites and telephone numbers for content maintained by third parties (“Linked Sites”) as a convenience for its Users. The Linked Sites are not under the control of Harappa and we are not responsible for the availability or contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. These Linked Sites shall be governed by their own policies. The availability of such Linked Sites does not constitute any form of recommendation, advice, endorsement or publication of any such Linked Sites. Harappa is not responsible for the materials contained at any website linked to this site and Harappa cannot guarantee that such third party content, in the Services or elsewhere, will be free of malware or other contaminants that may harm your computer, mobile device, or any files therein. If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Services, such activity would be solely between you and the third party. We shall have no liability, obligation or responsibility for any such activity.
Unlawful Or Prohibited Use – As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by or under any law, rules, orders, regulation, notification or circular issued by any local or governmental body in India, or these terms, conditions, and notices.
You may not use the Services in any manner that could damage, disable, overburden, impair or violate the security of the Website, or interfere with any other party’s use and enjoyment of the Services. Violation of the system or network security may result in civil of criminal liability. Pursuant to the same, the User is prohibited from carrying out the following activities:
- accessing or attempting to access data, Services, Content, computer systems or networks connected to any Harappa server, not intended for such User or logging onto a server or an account that the User is not authorised to access through any means including hacking, password mining, etc.;
- obtaining or attempting to obtain any materials or information through any means not intentionally made available through the Services;
- attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation;
- attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”
- sending unsolicited emails, SMSs, WhatsApp calls and messages, including promotions and/or advertising of products or services; or
- forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Harappa does not intend to offer the Services to persons or entities outside India where such Services would be in contravention with applicable laws and regulations. Accessing the Website and availing the Services from territories where the Content, the Services or functionality of the Website or any portions thereof is illegal, is expressly prohibited.
Further you hereby agree that all payments with respect to refunds and chargebacks shall be your sole responsibility and Harappa shall not be liable for any claims, disputes, penalties which may arise in connection with such refunds or chargebacks. You agree to indemnify Harappa in respect of any claims, disputes, penalties, costs and expenses arising directly in relation to refunds or chargebacks for all transactions initiated and instructed through the Website.
Notwithstanding the foregoing, Harappa may seek injunctive relief in any court of competent jurisdiction in respect of any matter concerning the infringement of its intellectual property rights or the use of its Services to infringe any third party’s intellectual property rights.
26. GRIEVANCE OFFICER AND CUSTOMER SUPPORT