Special Terms and Conditions (“the Terms”)
The website www.portall.in (hereinafter referred as the “Platform”) and the information, services and other materials contained therein are provided and operated by Portall Infosystems Private Limited (referred to as “we”, “us” or “Portall”). Portall offers curated and specially designed higher education and industry-relevant courses and certification programs online (“Programs”). The use of the Platform and Programs constitutes an unconditional agreement to follow and user shall be bound by the Terms.
Please review our Terms of Use, Privacy Policy and other policies available on the Platform (collectively referred to as the “Terms”) that govern the use of the Platform and Programs. Each Program may have a separate set of terms dealing with refunds, deferrals, payments, etc. governing such Programs, and our corporate clients may have executed separate written agreements with us, which, in the event of a conflict, will supercede these Terms to the extent of the conflicting provisions.
These Terms may be changed from time to time without prior notice. User should review this page regularly.
Whether you have enrolled in a Program or are simply browsing the Platform, once you have accessed the Platform or Programs, you shall be considered a ‘user’ for the purpose of these Terms. You are responsible for all your activities in connection with the use of the Platform and Programs. You hereby agree to fully comply with all applicable local, provincial, state, national and foreign laws, treaties and regulations in connection with such use. You shall not resort to any unethical practices while using the Platform.
Without limitation, you will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other "phishing", "pharming" or "whaling" message designed or intended to obtain password, account, personal information, confidential information or private information from any user of the Platform or any other third party whatsoever. However, if any such event does take place, Portall shall not be liable for any loss of data or if the user’s device, computer or any other property is compromised in any manner.
You acknowledge and agree that Portall has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you.
Program partners/Service Partners
Portall an education service provider who offers Programs in consultation with Indian and International universities, educational institutions, governmental authorities, NGOs, corporates, etc. (the “Service Partner”).
You agree and acknowledge that nothing in these Terms or otherwise with respect to the use of the Platform or any Program enrolls or registers you with Service Partner, or any other school, division, institute or program of or associated with an Service Partner and allows you to access or use the resources or receive any benefits or privileges of any Service Partner, beyond the Programs available on Portall EDU.
User may be awarded a certificate of successful completion of a Program (“Program Certificate”) upon fulfilling the criteria and requirements of Portall and its Service Partners. You acknowledge and agree that any Program affiliated with Service Partner may be subject to the terms, policies and procedures of the applicable Service Partner in addition to Portall’s Terms.
User Accounts and Registration
In order to participate in most Platform activities and to apply for a Program, User will register for a personal account (“User Account”).
Upon payment of the Program fees – in part or whole, depending on the Program – Portall shall deliver the terms of use of the Program and grant you access to the Program. The invoice may be provided to you along with the email confirmation or within one (1) month. This shall be proof of delivery against the successful payment of fees.
You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree that you will create, use and/or access only one User Account, and that you will not use any User Account other than your own.
For setting up your User Account you will be required to provide an email address and a password that is unique, and you may be prompted or required to enter additional information. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your profile information to keep it accurate, current and complete. We may use, maintain and store this information to provide certain services to you now and in the future, and may share such information with our Service Partners or third parties in conjunction with such services or for the purpose of marketing.
Access to the Programs is restricted to attendees or students who have specifically been granted access by Portall.
By registering your User Account, you agree that you are registered for the Program only once and will not set up multiple User Accounts; and you will abide by these Terms and any terms specific to the Program.
Payment Terms and Refund Policy
Unless otherwise expressly agreed in writing by Portall, full payment for participation in a Program is required at the time of purchase of program/course.
It is the sole responsibility of the user enrolling into a Program to check the accuracy of, and evaluate the suitability and relevance of, the Program elected. The enrolment into a Program is non-transferable.
To make payment for any Program or to purchase any services or products offered by Portall through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up ("Payment Method"). Portall 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 gateways for the payment towards the services. By using a third-party payment provider, you agree to abide by the terms of such a payment provider. You agree that in case Portall’s third-party payment provider stores any such information, Portall 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 Portall is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever. You also agree to pay the applicable fees for the payments made through the Platform.
No refund will be made once the payment (in part or whole) for a Program has been made. We do not provide refunds for the lack of usage or dissatisfaction.
If you have subscribed for a free trial, the free trial period will last for the period specified during your sign-up. Free trials may not be combined with certain other offers. If you have subscribed to a particular paid service or product within the last six (6) 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 service or product. If you begin your subscription with a free trial, you may be ineligible for certain features of a product or service during your free trial period.
Use of Programs
Portall reserves the right to cancel or reschedule any Program or live lectures/webinars, or to alter, modify or rearrange the schedule of topics, as well as the point value or weight of assignments, tests, quizzes, exams, projects and other such evaluations of progress. You also understand that Portall, at its sole discretion, may limit, suspend, or terminate your use of the Platform or Programs and/or all Portall-provided services related to the Programs, such as access to Portall coaches or support services, evaluation services, or certifications. You also understand that Portall may modify or discontinue all services related to its Programs at its sole discretion. You agree that Portall shall not be liable to you or to any third party for any such modification, suspension or discontinuance. Nothing in these Terms shall be construed to obligate Portall to maintain and support the Platform or Programs or any part or portion thereof or any associated services. Any money collected for cancelled program will be refunded in proportion of the consumption or validity of the course.
Portall’s Intellectual Property Rights
Portall logos, trademarks and service marks that may appear on the Platform and in the Program (“Portall Marks”) are the property of Portall and are protected under Indian laws. All other trademarks, service marks and logos used on the Platforms, Online Courses or Programs, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platforms are protected by applicable Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Portall.
As a condition of accessing the Platforms and/or using the Programs, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any Content (“Content” means any and all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials) or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the Portall Marks or the name, trademarks, service marks, or other materials of any Service Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.
Any will pull effort to reproduce, duplicate, copy, sell, resell or exploit portall EDU content or that of its service partner contrary to above clausa will leave you open to legal action for piracy.
Third-Party Intellectual Property
Portall respects third-party intellectual property rights and actively supports protection of all third-party intellectual property including copyrights and trademarks. It is our policy to expeditiously respond to clear notices of alleged infringement of Intellectual Property Rights. If we receive proper notification of infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.
If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us a description of the product, work or other intellectual property that you claim has been misrepresented or infringed and a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Platform/Program along with a statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the product, work, copyright or intellectual property, or its agent, or applicable laws.
Limited License
The services on the Platform are licensed, not sold. In consideration for your agreement to these Terms, Portall grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Platform and Programs, solely in accordance with the Terms. You may download or copy the portions of the Portall Content available on the Platform for your own non-commercial and personal use only, provided you maintain all copyright and other notices contained in such Portall Content. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platforms, Programs or any Portall Content. Notwithstanding the foregoing, certain reference documents, digital textbooks and articles may be made available to you with the permission of third parties, and use of that information is subject to certain rules and conditions, and you agree to abide by all such rules and conditions.
You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Platform or the Programs. From time to time, Portall may include software, code, instructions, or other such information in the Portall Content for the Programs; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the ‘Disclaimer’ and ‘Limitation of Liability’ sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Portall and/or its affiliates and licensors reserve all rights not expressly granted herein to the Platforms, Portall Content, and Portall Marks.
User Content
Users are prohibited from posting the Contents that:
- contains Viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
- violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity and violates rights of other users.
- is fraudulent, indecent, misleading or libellous, or defames, harasses, discriminates against, harms or threatens others;
- discusses illegal activities, with the intent to commit them;
- infringes or misappropriates patents, trademarks, trade secrets, right of publicity, or other intellectual property rights of third parties;
- is Profane, pornographic, obscene, indecent or unlawful;
- related to partisan political activities;
Portall monitors but does not guarantee control over the User Content posted through the Platform, including any messages, reviews or comments, and does not guarantee the accuracy, integrity or quality of such User Content. Under no circumstances will Portall be liable in any way for any User Content, including any errors or omissions, or any loss or damage or defamation of any kind incurred as a result of your posting or use of any User Content. You are responsible for complying with all the laws applicable to the User Content.
Users are prohibited from violating or attempting to violate the security of the Platform or any other associate Platform of Portall. Violations of system or network security may result in civil or criminal liability. Portall will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from Portall on the Platform and other than generally available third-party trusted/secured web browsers.
The Platform may contain links to pages on other websites ("Linked Sites"), and those Linked Sites may contain Content or offer products and/or services for sale. Portall does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that Portall have no responsibility for the accuracy or availability of information provided by Linked Sites and Portall do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites.
Portall shall not be held liable for any transactions conducted by you with third parties through the linked sites or for any liability arising from the representations or information provided on such linked sites.
Portall makes no representations that the Platform operates or is legally permitted to operate in all geographic areas, countries, or that the Platform, or information, services or products offered through the Platform are appropriate or available for use in other locations.
Disclaimer
The Platform and/or Programs may contain typographical errors or inaccuracies and may not be complete or current. Portall, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. The Platform, Programs, and any information or Portall Content are provided on an “as is” and “as available” basis with all faults.
No advice or information, whether oral or written, obtained by the user from Portall or through or from the services, shall create any warranty by Portall.
Portall makes no representations or warranties of any kind, whether expressed or implied, with respect to Portall Content or services available on or through this Platform and Programs, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Portall makes no warranty that the services will meet the user's requirements or that the services will be uninterrupted, timely, secure, or error free; nor does Portall make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected.
The user understands and agrees that the Portall Content and all other information, data, or other material downloaded or otherwise obtained through or from the Platform or Programs is obtained at the user's own discretion and risk, and that the user will be solely responsible for any damage to the user, the user's computer system, electronic device or any loss of data that results from the download of such material or data.
In the event you find that the information provided on the Platform or Programs is incorrect, or if you are the owner of any information or content and wish that such information or content is not displayed on the Platform or Programs, kindly notify us at the address provided at the bottom of the page.
Termination of Rights
You agree that Portall, in its sole discretion, may deactivate your account or otherwise terminate your use of the Platform or enrolment to a Program with or without reason, including, without limitation, if Portall believes that you have:
(a) breached the Terms;
(b) infringed the intellectual property rights of a third party;
(c) posted, uploaded or transmitted unauthorised Content on the Platform; or
(d) violated or acted inconsistently with the letter or spirit of these Terms or any other applicable code of conduct.
You agree that any deactivation or termination of your access to the Platforms or Programs may be effected without prior notice to you and that Portall shall not be liable to you nor any third party for any termination of your account or enrolment into a Program. You also acknowledge that Portall may retain and store your information on Portall’s systems notwithstanding any termination of your account or enrolment into the Programs.
Assignment
Portall may freely transfer or assign any portion of its rights or delegate its obligations under these Terms or any Program specific terms. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms or any Program-specific terms without the prior written consent of Portall.
Severability
If any provision of the Terms or any Program-specific terms shared with you is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions.
Waiver
The failure of Portall to exercise or enforce any right or provision of the Terms or any Program-specific terms shared with you, shall not constitute a waiver of such right or provision. If any provision of the Terms or any Program-specific terms shared with you is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms or any Program-specific terms shared with you, shall remain in full force and effect.
Force Majeure
Portall shall have no liability under these Terms or any Program-specific terms shared with you, to the extent arising from any failure of Portall to perform any of its obligations under these Terms or any Program-specific terms shared with you, due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labour disputes or any other event not within Portall 's reasonable control. Portall shall not be responsible for damage or other problems caused by any unauthorised change to these Terms made by way of hacking or cracking this page.
Indemnity
You agree to indemnify and hold Portall and its Service Partners harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys' fees and costs, relating to or arising out of (a) your use or attempted use of the Platforms or Programs in violation of the Terms; (b) your violation of any law or rights of any third party; or (c) information or Content that you or others post or otherwise make available on the Platform or through any Program, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.
Limitation of Liability
Neither Portall nor any of its affiliates, employees, directors, officers, agents, vendors, supplier or Service Partners shall be liable to User or any other person, whether in Tort, Contract, Strict Liability or otherwise, for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform or Programs, including, without limitation, damages for loss of profits / goodwill / data, work stoppage, accuracy of search results, or computer / electronic device failure, virus or malfunction. In no event will Portall be liable for any damages in excess of ?1000 or, in the case of enrolled students, the fees paid by you in connection with your enrolment into a Program.
Governing Law and Jurisdiction
These Terms or any Program-specific terms shared with you shall be governed by, construed and enforced in accordance with the laws in India, as these are applied to agreements entered into and to be performed entirely within India and without giving effect to any principles of conflict of laws. You agree that any legal lawsuit or other action brought by Portall, you or any third party to enforce these Terms or any Program-specific terms shared with you, or in connection with any matters related to the Platform or Programs, shall be subject only to the jurisdiction of the courts of Mumbai.
In case of any dispute, the parties involved shall make all reasonable efforts to resolve the dispute through amicable discussion within 30 days. If Parties are unsuccessful to resolve the dispute amicably, then such dispute or claim arising out of or in connection with the Terms or any Program-specific terms shared with you, including any question regarding its existence, validity or termination, shall be referred to arbitration under the Arbitration and Conciliation Act, 1956, as amended (“Act”) before a sole arbitrator to be appointed by Portall. The proceedings shall be conducted in English and the seat for arbitration shall be Mumbai.
Notices
Any notice or communication that may be required to be given to Portall under these Terms or any Program-specific terms shared with you may be sent by writing or emailing to the following addresses:
Portall Infosystems Pvt. Ltd.,
Godrej Coliseum, 3rd Floor, C Wing, Sion , Mumbai - 400022
Phone: 022 49760050
Email: [email protected],
[email protected]
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