Terms of use for Learners (users)

These Terms of use for Learners (“Terms”) govern your (“Learners’”) use of Encovate’s website, apps, and other products and services. As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms (such as our Privacy Policy).

Agreement

You agree that by clicking “Join Now”, “Join Encovate”, “Sign Up” or similar, registering, accessing or using our services (including our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company).

This “Agreement” includes this User Agreement, Terms of Use for Content Creators, Acceptable Use Policy, Copyright and Trademark Policy and the Privacy Policy, and other terms that will be displayed to you at the time you first use certain features, as may be amended by Encovate from time to time. If you do not agree to this Agreement, do NOT click “Join Now” (or similar) and do not access or otherwise use any of our Services.

Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

 

Using Encovate

Who may use our Services

Employees of organizations (“Learner”) may use our Services only if organization forms a binding contract with Encovate, and only in compliance with these Terms and all applicable laws. When you create your Encovate account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. You must be 13 years of age or above to use or access our Services.

License

Subject to these Terms and our policies (including the Acceptable Use Policy, Honor Code, and course-specific eligibility requirements and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You agree that you will create, access and/or use only one user account, and you will not share with any third party access to or access information for your account.

 

Course Content

User Content

The Services include presentations, decks, quizzes, games, courses and any other projects created by the course creator(s) and owner(s) on Encovate (“User Content”). These Services are available to you through Encovate. You do not retain any intellectual property rights in the User Content available on Encovate. The content creator(s) and owner(s) retain any and all intellectual property rights in the User Content hosted on Encovate.

You agree to use the Services only to access and/or use the same for personal knowledge. You agree that by using User Content available on Encovate, you shall not do any of the following (not limited to): repeat, broadcast, sell, distribute, rent, lease, sublicense, copy, reproduce, publicly display, publish, store, share, transfer or misuse the information or any part thereof, received or accessed by you.

User Content Disclaimer

You understand that by using the Services, you will be exposed to User Content from a variety of sources (Creator(s), owner(s) and third-party content), and that Encovate is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Content. Further, you understand and acknowledge that you may be exposed to User Content which may be offensive, indecent, inaccurate or objectionable. Encovate expressly disclaims any and all liability in connection with User Content hosted by creator(s) and owner(s) on Encovate.

Feedback

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

No Academic Credentials

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of a course does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit, and Encovate bears no responsibility towards satisfaction of said credit. Encovate, course owner(s), course creator(s), and associated participating institutions have no obligation to have a course recognized by any educational institution or accreditation organization.

 

Security

Encovate 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 by emailing sai@encovate.com

 

Copyright and Trademark Policy

Encovate respects the intellectual property rights of our creator(s) and owner(s) and other third parties and expects you to do the same when using the Services. We have adopted and implemented the Encovate Copyright and Trademark Policy in accordance with applicable law, including the Digital Millennium Copyright Act.

 

Paid Services

Encovate offers paid Services for a fee. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Encovate reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.

 

Participation in online courses

Encovate offers users the opportunity to participate in online courses on or through the Site. If you desire to participate in a course, you will be asked to provide us with certain information necessary to conduct such a course. This information may include, among other things, your name and email address. 

If you participate in an online course, we may collect from you certain student-generated content, such as assignments you submit to instructors, peer-graded assignments and peer grading student feedback. We also collect course data, such as student responses to in-video quizzes, standalone quizzes, exams and surveys.

 

Identity Verification

Encovate may offer you the ability to verify your identity for selected courses. In order to enrol for these services, you are required to provide us with Personally Identifiable Information such as your name, address, date of birth, and a sample of your typing pattern.

 

Communications with Encovate

We may receive your Personally Identifiable Information when you send us an email message or otherwise contact us or vide registration with us.

Third Party Sites

We may receive Personally Identifiable Information when you access or log-in to or through a third -party site, e.g., Facebook, Twitter from our Sites. This may include the text and/or images of your Personally Identifiable Information available from the third-party site.

Surveys

We may receive Personally Identifiable Information when you provide information in response to a survey operated by us.

Research

We may share general course data which is nonpersonal in nature (including quiz or assignment submissions, grades, and forum discussions), information about your activity on our Site, and demographic data from surveys operated by us with our business partners so that they may use the data for research related to online education.

 

 

 

Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE ENCOVATE PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE ENCOVATE PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENCOVATE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, 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 ENCOVATE PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL ENCOVATE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED TWENTY U.S. DOLLARS ($20) OR THE TOTAL AMOUNT OF FEES RECEIVED BY ENCOVATE FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER. 

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE ENCOVATE PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO ENCOVATE’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.

 

Indemnification

You agree to indemnify, defend, and hold harmless the Encovate Parties from any and all 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.

 

Governing Law and Jurisdiction

The Services are managed by Encovate, which is located in Bangalore, India. You agree that any dispute related to these Terms will be governed by the laws of India, excluding its conflicts of law provisions. You further consent to the personal jurisdiction of and exclusive venue in the courts located in and serving Bangalore, India as the legal forum for any such dispute. 

General Terms

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. For any material changes to the Terms, we will take reasonable steps to notify you of such changes. 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.

Severability; 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).

Participating Institutions

Encovate’s participating institutions are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them. 

 

Encovate

Encovate is a people & performance development company for the hospitality industry.

Encovate is incubated at NSRCEL, IIM Bangalore, supported by Goldman Sachs and Department of Science & Technology, Govt of India.

Registered  Office: Suite# 372, 677, 1st Floor, 13th Cross Road, 27th Main Rd, 1st Sector, HSR Layout, Bengaluru, Karnataka 560102