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These Terms and Conditions (“Terms”) govern your access to and use of the website located at https://www.goprotoz.com (the “Site”) and any services, design engagements, courses, workshops, or other offerings made available by GoProtoz Design Pvt. Ltd. (“GoProtoz,” “we,” “us,” or “our”). The term “User,” “you,” or “your” refers to any person who accesses, browses, or uses the Site or our services.
By accessing or using the Site or our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy. If you do not agree with these Terms, please do not use the Site or our services.
1. Definitions
“GoProtoz” means GoProtoz Design Pvt. Ltd., a company incorporated in India, together with its affiliates, offices, and authorised representatives (including the education brand “PowerUp Academy”).
“Site” means the GoProtoz website and any subdomains or linked pages operated by us.
“Services” means any design, UX research, product design, consulting, content, or related professional services, and any course, cohort, or workshop offered by GoProtoz.
“User” means any person or entity that accesses or uses the Site or Services.
2. Acceptance and Changes to These Terms
We may update or modify these Terms from time to time to reflect changes in our Services, applicable law, or business practices. Where changes are material, we will provide reasonable notice by posting the updated Terms on the Site with a revised “Last updated” date and, where appropriate, by other reasonable means. Your continued use of the Site or Services after such changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should stop using the Site and Services.
3. Use of the Site
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Site by, any third party. In particular, you agree not to:
use the Site in any way that breaches any applicable law or regulation;
attempt to gain unauthorised access to the Site, its servers, or any connected systems or networks;
introduce any viruses, malware, or other harmful or malicious code;
copy, scrape, reproduce, or exploit any part of the Site or its content except as expressly permitted by these Terms; or
use the Site to transmit unsolicited or unauthorised advertising or promotional material.
4. Intellectual Property Rights
All content present on the Site — including software, source code, text, images, graphics, illustrations, designs, video, audio, and layout — is the exclusive property of GoProtoz or its licensors and is protected by applicable intellectual property laws. The GoProtoz name and logo are trademarks owned by GoProtoz. These trademarks and any content on the Site may not be copied, reproduced, republished, distributed, or used in any manner without the prior written consent of GoProtoz.
Ownership of intellectual property in deliverables produced under a paid Services engagement is governed by the specific written agreement, statement of work, or proposal applicable to that engagement. In the absence of such agreement, all pre-existing materials and tools used by GoProtoz remain our property, and rights in final deliverables transfer to the client only upon full payment of all applicable fees.
5. Services and Engagements
Any professional Services provided by GoProtoz are subject to a separate written agreement, proposal, or statement of work agreed between GoProtoz and the client, which sets out the scope, deliverables, timelines, fees, and payment terms. In the event of any conflict between these Terms and such engagement-specific agreement, the engagement-specific agreement shall prevail with respect to that engagement.
Unless otherwise agreed in writing, fees are exclusive of applicable taxes (including GST), invoices are payable within the period stated on the invoice, and GoProtoz reserves the right to suspend work on any engagement where payment is overdue.
6. Academy, Courses, and Workshops
Where you enrol in a course, cohort, or workshop offered by GoProtoz or PowerUp Academy, the following apply in addition to these Terms:
enrolment is confirmed only upon receipt of applicable fees, subject to seat availability;
course content, schedules, instructors, and formats may be reasonably modified where necessary, and we will notify enrolled participants of material changes;
any refund, cancellation, or deferral entitlements are as stated at the point of enrolment or in the applicable programme terms; and
course materials are provided for your personal, non-commercial learning use only and may not be redistributed, resold, or used to deliver competing training without our prior written consent.
7. Third-Party Links and Content
The Site may contain links to third-party websites or resources that are not owned or controlled by GoProtoz. We provide these links for convenience only and do not endorse and are not responsible for the content, products, or services on or available from those websites. Your use of any third-party website is at your own risk and subject to that website’s own terms and policies.
8. Disclaimer of Warranties
The Site and its content are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, GoProtoz makes no warranties or representations, express or implied, regarding the Site, including as to accuracy, completeness, reliability, availability, or fitness for a particular purpose. We do not warrant that the Site will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable law, including under the Consumer Protection Act, 2019 (India).
9. Limitation of Liability
To the fullest extent permitted by applicable law, GoProtoz and its directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of, or inability to use, the Site or Services. Nothing in these Terms limits liability for death or personal injury caused by negligence, for fraud, or for any liability that cannot be excluded or limited under applicable law.
10. Indemnity
You agree to indemnify and hold harmless GoProtoz and its directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your breach of these Terms or your misuse of the Site or Services.
11. Termination
We may suspend or terminate your access to the Site or Services at any time, without notice, if we reasonably believe you have breached these Terms or applicable law. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnity, and governing law — shall survive.
12. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter shall be governed by and construed in accordance with the laws of India. Subject to any applicable consumer protection laws that grant you the right to bring proceedings in your local courts, the courts at Bengaluru, Karnataka, India shall have exclusive jurisdiction to settle any such dispute.
13. General
Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver. Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.
Entire agreement. These Terms, together with any applicable engagement agreement, Privacy Policy, and programme terms, constitute the entire agreement between you and GoProtoz regarding the Site and Services.
Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
14. Contact Us
If you have any questions about these Terms, please contact us at hello@goprotoz.com, call +91 990 090 7810, or write to us at the address below:
GoProtoz Design Pvt. Ltd. — India (Registered Office) Post Office 88, near Borewell Road, Dodsworth Layout, Whitefield, Bengaluru, Karnataka 560066, India Tel: +91 990 090 7810 · Email: hello@goprotoz.com Germany c/o WeWork, Axel-Springer-Platz 3, 20355 Hamburg, Germany · Tel: +49 176 26993440 United States 2420 Elm Valley Drive, Little Elm, TX 75068, USA · Tel: +1 408 400 3774 |