Terms and Condition

Introduction

The website www.obtener.us and mobile apps (collectively referred to as the “Platform”) and the information, services and other materials contained therein are provided and operated by Obtener Inc (referred to as “we”, “us”, “obtener.us”, “obtener” or “obtener services”). Obtener offers curated and specially designed higher education and industry-relevant diploma and certification programs online (“Programs”).

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 supersede these Terms to the extent of the conflicting provisions.

These Terms shall apply to Obtener hosted mobile apps, WhatsApp groups, Facebook groups, Instagram pages, Facebook pages, email/SMS/phone communications and other social media forums hosted by Obtener, which shall be deemed to be part of the ‘Platform’ by reference. You acknowledge that certain parts of the Platform, as mentioned above, are provided by third-party service providers, and you agree to abide by their terms and conditions. Obtener shall not be responsible for any disruption of services caused by such third-party service providers.

Please note that the use of the Platform and Programs constitutes an unconditional agreement to follow and be bound by the Terms. Although you may “bookmark” a particular portion of the Platform and thereby bypass these Terms, your use of the Platform still binds you to these Terms.

We may change these Terms from time to time without prior notice. You should review this page regularly. Your continued use of the Platform and Programs after changes have been made will be taken to indicate that you have read and accepted those changes. You should not use the Platform or Programs if you are not happy with any changes to these Terms.

Obtener makes no representations that the Platform operates (or is legally permitted to operate) in all geographic areas, or that the Platform, or information, services or products offered through the Platform are appropriate or available for use in other locations. Accessing the Platform from territories where the Platform, or any content or functionality of the Platform or its portions thereof is illegal, is expressly prohibited. If you choose to access the Platform, you agree and acknowledge that you do so on your own initiative and at your own risk and that you are solely responsible for compliance with all applicable laws.

User Conduct Policy

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, Obtener 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 Obtener has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities without notice to you.

During your use of the Platform and Programs, you will:

not harass other users, students, attendees, support agents or visitors;

not create an atmosphere of disharmony, hostility within student groups;

not cheat on any homework assignment or exams for the Program;

not post online any secured testing materials;

not share solutions to homework assignments or exams; and

notify the instructors immediately if you become aware of any other user cheating or breaching these Terms, and comply with the requirements of the specific applicable code of conduct, if any, relating directly to a Program into which such user is enrolled.

User Accounts, User Registration and Delivery of Services

In order to participate in most Platform activities and to apply for a Program, you will need to register for a personal account (“User Account”) by providing an email address and a password that is unique.

Upon payment of the Program fees – in part or whole, depending on the Program – We 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 two (2) months thereafter. This shall be proof of delivery against the successful payment of fees.

Owing to certain exceptional circumstances, if We have granted you access to a Program pending payment, and We does not receive payments within the stipulated time periods, We may, at its owns discretion, withdraw your access to the Program without giving any prior notice.

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.

In setting up your User Account, you may be prompted or required to enter additional information, including but not limited to your name and email address. Additional information may be required to confirm your identity. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your use of the Platform and your enrolment into a Program, to the extent applicable.

In addition to the registration process, as part of your use of the Platform or participation in the Programs, we may obtain certain information about you and your performance in the Programs. Some of this information may be Personally Identifiable Information. 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 Educational Partners or third parties in conjunction with such services or for the purpose of marketing. For example, as further detailed in our Privacy Policy, we may share certain materials or information about you with third parties, including your grades/scores in our classes.

Access to the Programs is restricted to attendees or students who have specifically been granted access by We.

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.

Additional requirements apply to Students. As a Student, in addition to the points above, you agree that you are registering with the intent to complete the assignments, if any, that are relevant and applicable to the Platform or Programs into which you have enrolled.

Payment Terms and Refund Policy

Unless otherwise expressly agreed in writing by We, full payment for participation in a Program is required at the time of registration. In the case of Programs that include a trial window, such trial window shall be made available only after the full payment. During the trial window, upon a request by the Student, and to the satisfaction of We, Obtener may choose to refund the Program Fees paid, subject to such charges as may be decided from time to time. Once the trial window has closed, there will be no refund allowed for any reason whatsoever.

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 Obtener through the Platform, you must have internet access and a current valid accepted payment method as indicated during sign-up (“Payment Method”). Obtener 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 Obtener’s third-party payment provider stores any such information, Obtener 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 Obtener 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.

Failure to pay may result in withdrawal of your access to a Program. 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. Obtener 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.

You may cancel your enrolment at any time. 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 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 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

Obtener 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 Obtener, at its sole discretion, may limit, suspend, or terminate your use of the Platform or Programs and/or all Obtener-provided services related to the Programs, such as access to Obtener coaches or support services, evaluation services, or certifications. You also understand that Obtener may modify or discontinue all services related to its Programs at its sole discretion. You agree that Obtener 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 Obtener to maintain and support the Platform or Programs or any part or portion thereof or any associated services.

If you no longer wish to use any Program, you may terminate your participation by giving notice to Obtener.

Participants of Obtener online live lectures and webinars shall be provided access to such classes via email. You agree not to share such access with any third party. If you are unable to attend an online live lecture/webinar, please provide Obtener with prior intimation regarding this.

You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Platform, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone or other mobile communication device connection services. You shall be exclusively responsible for ensuring that such equipment or ancillary services are compatible with the Platform, and you shall be responsible for all charges incurred in connection with the use of the Platform and Program in connection with all such equipment and ancillary services.

Educational Partners and Accreditation

Obtener Inc is NOT a University, but an education service provider, offering Programs in consultation with Indian and International universities, educational institutions, governmental authorities, NGOs, corporates, etc. (each an “Educational Partner”).

Admission to the degree/diploma programs of an Educational Partner is separate from being accepted into and/or taking one or more Programs. You agree and acknowledge that nothing in these Terms or otherwise with respect to the use of the Platform or any Program (a) enrolls or registers you in an Educational Partner, or any other school, division, institute or program of or associated with an Educational Partner, and (b) allows you to access or use the resources or receive any benefits or privileges of any Educational Partner, beyond the Programs.

Obtener Inc may offer a credential or other acknowledgement for participants who have satisfactorily demonstrated mastery of the Program material. The decision to award any such credential acknowledgement to a given participant will be solely at the discretion of Obtener Inc. Obtener Inc may choose not to offer any credential or other acknowledgement for some Programs. Obtener Inc may decide at its sole discretion whether to provide a record concerning a participant’s performance in a Program. The format of any credential or other acknowledgement, and of any performance, provided by Obtener Inc relating to Programs will be determined by Obtener Inc at its sole discretion and may vary from Program to Program.

You will be awarded a certificate of successful completion of a Program (“Program Certificate”) upon fulfilling the criteria and requirements of Obtener Inc and its Educational Partners. You acknowledge that any such Program Certificate awarded may not be affiliated to any Educational Partner and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner.

You will not receive academic credit from Obtener Inc or any other Educational Partner for taking a Program. If you are taking a Program for academic credit or certification as a student of, or otherwise through, an Educational Partner, any such credit or certification may only be awarded directly by the Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive credit or certification; and, in any event, Obtener Inc will not have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for a Program.

You acknowledge and agree that any Program affiliated with an Educational Partner may be subject to the terms, policies and procedures of the applicable Educational Partner in addition to Obtener Inc’s Terms. Without limiting the foregoing, if you are a student registered or enrolled at, or are otherwise attending, an Educational Partner and are taking a Program for credit or certification through that Educational Partner, you acknowledge and agree that (a) the Educational Partner may have its own terms, policies or procedures regarding your eligibility to participate in the Program, your participation in the Program, the requirements or prerequisites for receiving credit or certification for the Program, and/or your educational or student records as they may relate to your participation and performance in the Program, and (b) your educational or student records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not Obtener Inc.

Obtener Inc’s Intellectual Property Rights

“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.

The Platform, Programs and related services are owned and operated by Obtener Inc and its licensors. All Content or other material available on the Platform or through the Programs, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively “Obtener Inc Content”), are the property of Obtener Inc and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Platform is the property of Obtener Inc and is protected by Indian and international copyright laws.

Obtener Inc logos, trademarks and service marks that may appear on the Platform and in the Program (“Obtener Inc Marks”) are the property of Obtener Inc and are protected under Indian and foreign 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 trade dress and other 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 Obtener Inc.

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 Obtener Inc Content or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the Obtener Inc Marks or the name, trademarks, service marks, or other materials of any Educational Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.

Please verify all Content prior to use. In the event you come across any Content that is incorrect, infringing, offensive, indecent or objectionable, please notify us immediately at the address mentioned at the bottom of this page.

Additionally, from time to time, Obtener Inc (or its third-party service providers, on behalf of Obtener Inc) may request users to review Obtener Inc Content or beta-test the Platform. The works derived from such activity shall remain the sole and exclusive property of Obtener Inc or its third-party service providers, as applicable.

Third-Party Intellectual Property

Obtener Inc respects third-party intellectual property rights and actively supports protection of all third-party intellectual property including copyrights and trademarks (“IP”). It is our policy to expeditiously respond to clear notices of alleged IP infringement. If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.

Obtener Inc shall not be held liable for the unauthorised use of any third-party IP, and the user that carries out such unauthorised use or infringes any IP available on the Platform shall fully indemnify and hold Obtener Inc harmless against any and all claims that may arise as a result of such use.

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 with the following information:

an electronic or physical signature of the person authorised to act on behalf of the owner of the product, copyright or other intellectual property interest;

a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;

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;

your address, telephone number, and email address;

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 law; and

a statement by you, made under the penalty of perjury, that the aforementioned information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorised to act on such owner’s behalf.

For notices of disputes or claims of copyright or other intellectual property infringement, please connect with us at the address provided at the bottom of this page.

Limited License

The services on the Platform are licensed, not sold. In consideration for your agreement to these Terms, Obtener Inc 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 Obtener Inc 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 Obtener Inc Content. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit or create derivative works of Platforms, Programs or any Obtener Inc Content. You may not reverse-engineer, decompile, disassemble or otherwise code for any software that may be used to operate the Platform or the Programs. 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, Obtener Inc may include software, code, instructions, or other such information in the Obtener Inc 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. Obtener Inc and/or its affiliates and licensors reserve all rights not expressly granted herein to the Platforms, Obtener Inc Content, and Obtener Inc Marks.

Without limiting the generality of the terms above, the following are types of uses that Obtener Inc expressly defines as falling outside of the definition of “non-commercial and personal use”:

the sale or rental of (i) any part of the Obtener Inc Content, (ii) any derivative works based at least in part on the Obtener Inc Content, or (iii) any collective work that includes any part of the Obtener Inc Content;

the sale of access or a link to any part of the Obtener Inc Content;

providing training, support, or editorial services that use or reference the Obtener Inc Content in exchange for a fee;

the use of Obtener Inc Content by a college, university, school, or other educational institution for instruction where tuition is charged;

the use of Obtener Inc Content by a for-profit corporation or non-profit entity for internal professional development or training; and

the use of Obtener Inc 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.

User Content

The Platform may allow you to upload forum posts, chat with other users and Obtener Inc’s counsellors, user discussions, profile pages, and other content and media for social interaction, or certain information and materials for use with the Programs, e.g., questions, hypotheticals, examples, assignments, industry projects, etc. (collectively “User Content”). Obtener Inc does not claim ownership of any User Content you may submit or make available for inclusion on the Platform or Programs. Accordingly, subject to the license granted to Obtener Inc above, the user will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content.

With respect to any User Content you submit via the Platform or Programs or that is otherwise made available to Obtener Inc, you hereby grant Obtener Inc an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Platforms or in the Programs or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose). Obtener Inc reserves the right to remove any User Content at any time and for any reason.

To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Obtener Inc to use such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Obtener Inc, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, and (d) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices.

Obtener Inc does not control 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 Obtener Inc 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.

You are prohibited from posting the following Content on the Platform:

Content that is fraudulent, indecent, or libellous, or defames, harasses, discriminates against, harms or threatens others;

Content that discusses illegal activities, with the intent to commit them;

Content that infringes or misappropriates patents, trademarks, trade secrets, right of publicity, or other intellectual property rights of third parties;

Content that you do not have the right to disclose;

Profane, pornographic, obscene, indecent or unlawful Content;

Advertising or any form of commercial solicitation;

Content related to partisan political activities;

Content that contains intentionally inaccurate information or that is posted with the intent of misleading others;

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;

Content that consists of any high volume, automated, or electronic means to access the Platform (including without limitation robots, spiders or scripts);

Content that violates the rights of other users of the Platform; or

Content that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.