These Terms of Use is an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000 and the rules made thereunder and the amended provisions pertaining to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. These Terms of Use do not require any physical, electronic, or digital signature.

This document is published and shall be construed in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 prescribed under the Information Technology Act, 2000 that requires publishing the rules and regulations, privacy policy, and user agreement for access or usage of the website.

These Terms of Use is a legally binding document between Skills by Upsurge ("Website") and the user (both terms defined below). These Terms of Use will be effective upon your acceptance of the same (directly or indirectly in electronic form or by means of an electronic record) and will govern the relationship between the Skills by Upsurge website and user for the use of the website (defined below).

Please read these Terms of Use carefully. By using the website, you indicate that you understand, agree, and consent to these Terms of Use. If you do not agree with these Terms of Use, please do not use this website. You hereby provide your unconditional consent or agreement to Skills by Upsurge as provided under Section 43A and Section 72A of the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines) Rules, 2011.

These Terms of Use of the website located at the URL skills.upsurge.club, mobile sites, or mobile website ("Website") is between Valuationary Edtech Private Limited ("Skills by Upsurge" or "We" or "Us" or "Our"), a company incorporated under the Companies Act, 2013, and the guest users or registered users of the website ("You" or "Your" or "Yourself" or "User") describing the terms on which Skills by Upsurge offers you access to the website and such other services as are incidental and ancillary thereto ("Services").

These Terms of Use is a contract between you and Skills by Upsurge. These Terms of Use shall be read together with the Privacy Policy or other terms and conditions along with all other notices, disclaimers, and guidelines appearing on the website from time to time (collectively referred to as "Agreement(s)") constituting the entire agreement upon which you are allowed to access and use the website and avail the services.

1. INTERPRETATION

a) Any reference to the singular includes a reference to the plural and vice versa, unless explicitly provided for otherwise; and any reference to the masculine includes a reference to the feminine and vice versa.

b) Headings and captions are used for convenience only and will not affect the interpretation of these Terms of Use.

c) Any reference to a natural person will, unless repugnant to the context, include his heirs, executors, and permitted assignees. Similarly, any reference to a juristic person such as Skills by Upsurge will, unless repugnant to the context, include its affiliates, successors, and permitted assignees.

2. ACCOUNT REGISTRATION AND SECURITY

a) You may access and use the website and the services either as a registered user or as a guest user. However, not all sections of the website and services will be accessible to guest users.

b) Registered users:
Skills by Upsurge makes certain sections of the services available to you through the website only if you have provided certain required user information and created an account with a log-in ID and password ("Account"). You will be responsible for maintaining the confidentiality and security of the account and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Skills by Upsurge of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Skills by Upsurge cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

c) Guest users:
The website also allows limited access to the services for unregistered users (also called "guest users"). Such users will be able to browse the website.

3. SERVICES

a) Skills by Upsurge is an online platform engaged in rendering services to a large community of users, where live workshops, mentorships, and similar educational services are provided through its website.

b) Skills by Upsurge does not own, sell, resell, furnish, provide, or control the users offering their services on the platform.

c) The website's responsibility is limited to facilitating the online services.

4. USE OF THE WEBSITE / SERVICES

You agree and undertake that when using a website/service, you will not:
a)Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others;

b) Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information;

c)Conduct or forward surveys, contests, pyramid schemes, or chain letters;

d)Use deep-linking, robots, spiders, or other automatic devices to monitor any portion of the website without authorization;

e) Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, or create derivative works from any information or software obtained from the website.

5. THIRD PARTY CONTENTS

a) We cannot and do not assure compliance by other users, and you assume all risk of harm or injury resulting from any lack of compliance.

b) When accessing third-party links, you acknowledge that we are not responsible for their terms and policies.

6. PROMOTIONS, DISCOUNTS AND COUPONS

Skills by Upsurge reserves the right to offer and discontinue discounts/offers at its sole discretion.

7. COMMUNICATIONS

By using the website, you consent to receive electronic communications from us periodically.

8. RIGHT TO USE LOGOS

Nothing grants the user a license to use our trademarks, service marks, or logos.

9. NO WARRANTIES

The website and services are provided "as is" without warranties of any kind.

10. INDEMNITY

You agree to indemnify Skills by Upsurge and its affiliates against any claims arising due to your use of the website.

11. LIMITATION OF LIABILITY

In no event shall Skills by Upsurge be liable for indirect or consequential damages.

12. UPDATES

We reserve the right to modify these Terms of Use at any time.

13. SEVERABILITY

If any term is deemed illegal, it shall be severed while the remaining terms remain enforceable.

14. NON-ASSIGNMENT

You shall not transfer your contract with us to any other person.

15. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

These Terms of Use are governed by the laws of India and are subject to the jurisdiction of the courts at Surat, India.

16. GRIEVANCE OFFICER