Terms of Service
IMPORTANT NOTICE TO ALL USERS OF THIS WEB SITE
Preface: This is a legal document intended to have legal significance. If you do not understand all parts of this agreement, please seek advice from a qualified legal practitioner.
1. Access and Use
By accessing and using this site (including registering for our online education and coaching services), you are agreeing to our Terms and Conditions of Use. If you do not agree to these terms, please do not use the site. We reserve the right to make changes to them at any time without notice, so regularly check for updates. By using the site, following an update, you are agreeing to the terms of the update.
2. Trademarks, Copyright, and Confidentiality
All information, text, graphics, video, sound clips, software and other material of this website and all manuals, training and coaching materials provided by upGroww.com (the “Content”) are Copyright ©. All Rights Reserved. All other trademarks, service marks and logos used in this website are the property of their respective owners.
Except as provided in Clause 5 – “Licence”, you agree to hold confidential the coaching and training techniques, forms, methods, processes, concepts and other material embodied in the Content on the website, in the weekly group training classes, and as otherwise delivered by upGroww.com. This clause survives termination of this agreement for any reason.
3. Licene (Training, Coaching and Mentoring Programs)s
On payment of your Fees, upGroww.com grants you a non-exclusive licence (with no right to grant sub-licences) to use our coaching techniques strictly for the purposes of providing coaching services to both individuals and groups, including businesses and corporations. However, you may not make them accessible to the general public on your website or through other means unless specifically allowed in the Copyright notice of a particular piece of content.
Any written material reproduced by you which includes any part or all of items from Propriety contents, must include attribution of authorship to upGroww.com and the applicable Copyright notices and contact information. You may not adapt, abridge, alter or repackage them without written permission of upGroww.com.
4. Graduation, Requirements, and Revocation
Payment of the Fees does not guarantee Graduation.
To ensure quality training, graduation of our training courses is at the sole discretion of upGroww.com. You will be required to pass certain minimum criteria, including but not limited to a) a number of training hours, b) a number of weekly group training calls, c) one or more examinations or assessment tests, d) a period of being coached by a designated upGroww.com coach, e) participation in online discussion forums, and f) ethical conduct.
Each program has it’s own completion timeframe. This ranges from 1 day to 3 years and if you are unsure, you should clarify at time of enrolment. If you do not meet the graduation requirements as determined by upGroww.com within that period, you may at our discretion be allowed to extend your training period for an additional fee to be determined by upGroww.com.
In order for all students to graduate all outstanding fees must be paid in full at least 2 weeks prior to the date of graduation.
Your Graduation Certificate may at any time be revoked, and you agree to return it to upGroww.com, if in the opinion of upGroww.com you do not meet the ethical conduct guidelines set down from time to time. In the case of your Certificate being revoked, your Licence to use the Material is also revoked, and your Fees are not refundable.
Lifetime access may also be revoked if we consider your behaviour to breach our terms and conditions.
upGroww.com will provide one certificate upon successful completion and graduation from the program for which the student is enrolled. The certificate will include the name of the student, the certification attained; the date of graduation or attainment, and each certificate will be numbered and recorded. Requests for additional copies of certificates will incur a fee, to be determined by upGroww.com.
5. Non Compete
Lots of our graduates go on to develop coaching programs, and even training programs. We give them our full support. However we do not support Graduate setting up Coach Training Programs what are in direct competition with us.
We will provide distance and online learning for coach training and related educational services (the “Services”), and a “Licence” to use our coaching techniques and Client Materials, to you for the Fee and according to the commencement and syllabus terms set out on the web pages describing each course.
7. Payment of the Fees, and Late Fees
Our terms are payment of the “Fees” as set out on the registration web pages. Payment may be made by credit card (MasterCard, Visa, and AMEX), international money order, or bank cheque, or at our discretion: personal cheque, or regular money order. We reserve the right to suspend or cancel your registration for a course if we have not received payment of the Fees strictly in accordance with the payment schedule you elect. Logins will be suspended 7 days after payment defaults and the full account will become due 30 days after payment defaults.
If you have paid a deposit for a course, you may elect to defer to a course commencing no later than 7 days from the date of paying your deposit, bearing in mind you will be liable for any Fee increases over that period. If you do not pay your full course Fee within this time, your deposit is not refundable.
If you fail to meet the above and payment is not made upGroww.com will pursue legal action for the outstanding fee and any legal costs incurred will be paid for by you.
8. GST and Tax
Fees in Indian Rupees are quoted inclusive of Goods and Services Tax (“GST”), for Indian residents only, together with any other sales tax, withholding tax, and any other tax or duty imposed on a supply of the Services (apart from any taxes or duties to which upGroww.com is liable).
9. Additional Costs to You
On payment of the Fees, you are entitled to access the training material (in stages as determined by upGroww.com), and the weekly group training classes. Your tuition includes the cost of hiring the teleconference bridge, and providing your coach where applicable during the course.
You will be responsible for the cost of connecting to your Internet Service Provider, the cost of your telephone calls to the weekly group training class and the cost of one thirty minute call every two weeks to your coach. These calls may or may not be to destinations outside your country.
We are committed to protecting the security of our customers’ information as well as the confidentiality of commercial and corporate information within the web server hosting our web site(s) and our internal computer systems.
Please note as well that unencrypted E-mail communications over the Internet are not secure (i.e. private) at this time. We do not encourage anyone to send information which must remain confidential to us using unencrypted E-mail. (We provide a secure web page for sending financial information). We are not liable if you send confidential information to us over the Internet using regular, unencrypted E-mail.
11. Disclaimer and Limitation of Liability
The Trade Practices Act and similar State and Territory Legislation in India (except where goods or services are acquired for business purposes) the Consumer Guarantees, may confer rights and remedies on you in relation to the provision by upGroww.com services which cannot be excluded, restricted or modified (“Non-excludable Rights”). upGroww.com does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights:
a) the Services, Content and this website is provided “as is” and without warranties of any kind, either express or implied,
b) To the maximum extent permitted by law, upGroww.com expressly excludes all terms, conditions and warranties of any kind implied by statute, custom or at common law
c) While we are committed to providing quality training, and we select our web server based on service and reputation, upGroww.com does not warrant that the functions contained in any Content, the Website or the Services will be uninterrupted or error-free, that any defects will be corrected within a particular time frame, or that the Network or the server which stores and transmits Content to you is free of viruses or any other harmful components,
d) upGroww.com will make all reasonable endeavours to ensure you have consistent access to the training material. Beyond this, we do not warrant or make any representation regarding your access to, or the results of your access to, the website (including any related or linked websites) or any Content or the Services in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise as a result of actions or inaction on the part of our host web company,
e) The coaching methods taught, and coaching provided, as part of the Services are not a substitute for your independent judgement and experience. upGroww.com does not warrant or guarantee that the coaching methods appearing in the Content, or the coaching provided during your course, will work in any particular circumstances, for you, or for any particular client. You, and your clients, are responsible and liable for the results they and you produce using the coaching methods and techniques,
f) At stages during the program you may be required to be coached by either a student coach or an experienced coach. You acknowledge you are responsible for your own actions, inaction, and decisions taken as a result of your coaching, and will not hold your coach or upGroww.com responsible for any results or lack of results as a result of such coaching.
Under no circumstances (including but not limited to any act or omission on the part of upGroww.com) will upGroww.com be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the website, the Services or any Content. You expressly acknowledge and agree that upGroww.com does not exert control over users of the website and is not liable either for their opinions or their behaviour including any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, upGroww.com’ liability for breach of any implied warranty or condition which cannot be excluded is limited at the option of upGroww.com to the following:
in the case of Services (including the Content) supplied or offered by upGroww.com, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by upGroww.com, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.
12. Legal Disclaimer
The information on this site is for personal knowledge and development only and is not intended to be a substitute for professional legal advice and does not constitute a legal opinion or legal advice for any purposes. You must not rely on the information on this site as a legal opinion or advice and you are urged to consult with a qualified legal practitioner.
13. General Disclaimer
The Content, the Services and all information presented on this website are solely for personal knowledge and development, and training of you. You are urged to perform independent research and to seek expert advice on the topics presented in this site. You must not rely on the information presented in this site as your sole source of information on any topic; your reliance on such information is strictly at your own risk.
This site may contain links to other websites operated by third parties. These websites may not be under the control of upGroww.com, and we are not liable for the content of any third party website accessed directly or indirectly through a link. When you click on a link to access a linked site, you acknowledge that upGroww.com and their sponsors neither endorse nor are affiliated with the linked site and are not responsible for any content that appears on the linked site – unless expressly stated otherwise.
15. Bad behaviour is not tolerated
Within this website, we will not tolerate the distribution of (by whatever means) content that is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or that we otherwise deem distasteful or objectionable (at our sole discretion).
You are not permitted to use our chat areas, bulletin boards or E-mail service in any commercial manner. Any commercial solicitation by you of our other uses is prohibited. Guests are solely responsible for the content of their own messages. Violation of this clause may, at the discretion of upGroww.com, result in suspension or cancellation of your course without refund.
16. If you send us something, you are giving us permission to use it
By submitting any materials to us, you are granting to us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use such materials in any way we may choose. This includes, but is not limited to, e-mails and discussion board postings.
17. Recording of Weekly Group Training Classes
The training classes are generally recorded. These recordings are used for purposes such as training our trainers, training you, and for marketing and promotional purposes. You agree to such recording without us giving you notice, and to us using the recordings for training, promotional and marketing purposes. We are also committed to creating a safe space to enable our coaches to train freely. If we feel something very personal was mentioned, we will ensure that no more than the first name of the person involved is included in any recording we use. Further, you may request in writing that a particular recording in which you participated not be used. All such requests will be honoured.
18. Accuracy and Changes
Facts and information provided by upGroww.com are believed to be accurate when placed on the website. Product offers, terms, course content and other information provided here are subject to change without notice.
19. Modification to Services, the Content or the Website
upGroww.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services, the Content or this website (in part or whole) with or without notice. You agree that upGroww.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services, the Content or this website.
You agree that upGroww.com may terminate your use of the Services, and remove and discard any Content within the Service, for any reasonable reason, including, without limitation, for lack of use, if upGroww.com believes that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions, non-payment of the Fees, or for behaviour or conduct inconsistent with the ethics set down by the International Coaching Federation.
You agree that any termination of your access to the Services the Content or this website under any provision of this Terms and Conditions of Use may be effected without prior notice, and acknowledge and agree that upGroww.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Your Licence to use the Material would be revoked, as would your Graduation Certificate, unless otherwise agreed by upGroww.com. Further, you agree that upGroww.com shall not be liable to you or any third-party for any termination of your access to the Services, except as provided in clause 12.
21. Indemnity, and not an employee or agent.
You agree to indemnify and hold upGroww.com, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any item you submit, post to or transmit through the website, your use of the website, the Content and the Services, your violation of these Terms and Conditions, your violation of any rights of another, or your providing, or lack of provision of, coaching services to any third party. This does not affect the consumers’ statutory rights.
You acknowledge and agree that in providing coaching services to any third party, you are not an agent or employee of upGroww.com.