These Terms of Use set out the terms and conditions for use of this Skill Train (
“Website”) and any content, Public Forums, or services offered on or through
the Website and/or through any mobile application(s) (
“Application”) (collectively referred to as the
“Platform”).
These Terms of Use apply to end users of the Website (referred to as
“Learners”, “You”, “Your”). These Terms of Use, including the
Privacy Policy and any other terms and conditions
published on the Platform or communicated to you from time to time (collectively
referred to as the “Agreement”), define the relationship and responsibilities
between You and Creator (as defined herein) in using the Platform. Your access to
the Platform is subject to Your acceptance of this Agreement. Hence, please take
Your time to read this Agreement.
When we speak of
“Creator”, ‘we’, ‘us’, and
‘our’, we collectively mean Skill Train being the creator of this Platform and
the content/materials/services contained therein.
By accessing this Platform, You are agreeing to be bound by the terms of this
Agreement, all applicable laws and regulations. From time-to-time, versions of the
above-mentioned policies and terms are made available on the Platform for Your
reference and to understand how we handle Your personal information. By using or
visiting the Platform and services provided to You on, from, or through the
Platform, You are expressly agreeing to the terms of the Agreement and any other
terms that are updated from time to time.
If You disagree with any part of this Agreement or do not wish to be bound by
the same, then please do not use the Platform in any manner.
- Access and Registration: If You’re an individual You must be at least
18 (eighteen) years of age, or, if You are between the ages of 13 and 18, You
must have Your parent or legal guardian's permission to use the Platform. By
using the Platform, You are, through Your actions, representing and warranting
to us that You have obtained the appropriate consents/permissions to use the
Platform. If You are under the age of 13 years or 16 years (depending on your
country of reisdence), You may neither use our Platform in any manner nor may
You register for any content or services offered therein.
To access any
Content (as defined below) offered on the Platform, we require You to register
for the same by providing Your name and email address. Please read our Privacy
Policy to understand how we handle Your information. Further, You may also be
required to make payment of a fee to access the Content, if applicable. For more
information, please read our ‘Payments & Refunds’ section below. You
represent that the information indicated by You during Your enrolment or
registration for any Content on the Platform, is true and complete, that You
meet the eligibility requirements for use of the Platform and the Content
offered therein, and You agree to update us upon any changes to the information
by writing to us at the contact information provided in the ‘Contact Us’ section
below.
For the purpose of this Agreement, “Content” shall mean
and include any course or session (whether pre-recorded or live) published by
the Creator on the Platform, including, but not limited to any reference
materials and text files (if any) offered to You as part of the Content.
When You register or enrol for any Content on the Platform, You may
also have access to discussion forums that enables You to exchange Your
thoughts, knowledge in relation to the Content or its subject-matter, with us
and other registrants to the Content (“Public Forum”). Participating in
the Public Forum is completely Your choice and by registering or enrolling to a
Content on the Platform, You are not obligated to participate in such Public
Forum.
We maintain and reserve the right to refuse access to the
Platform or remove content posted by You in the Public Forums, at any time
without notice to You, if, in our opinion, You have violated any provision of
this Agreement.
Further, to access the Platform and/or view the content
on the Platform, You will need to use a “Supported/Compatible Device”
which means a personal computer, mobile phone, portable media player, or other
electronic device that meets the system and compatibility requirements and on
which You are authorized to operate the Platform. The Supported/Compatible
Devices to access the Platform may change from time to time and, in some cases,
whether a device is (or remains) a Supported/Compatible Device may depend on
software or systems provided or maintained by the device manufacturer or other
third parties. Accordingly, devices that are Supported/Compatible Devices at one
time may cease to be Supported/Compatible Devices in the future. Thus, kindly
make sure that the device that You use is compatible with any of the
systems/software used on the Platform to access the content/material offered
therein.
- License to Use: You are granted a limited, non-exclusive license to
access and view the Content on the Platform for Your own personal,
non-commercial use only. Further, if so allowed on the Platform, You may
temporarily download one copy of any downloadable Content [including Creator
Content (defined below)] on the Platform for personal and non-commercial
transitory viewing only.
This license does not grant You the right to
assign or sublicense the license granted under this Agreement to anyone else.
Further, You may not-
- modify, edit or copy the Content, Creator Content or any material made
available on the Platform;
- create derivative works or exploit any material made available on the
Platform (including the Content and Creator Content) or any portion thereof
(including, but not limited to any copyrighted material, trademarks, or
other proprietary information contained therein) in manner that is not
permitted under this license granted to You;
- publicly display (commercially or non-commercially) the Content, Creator
Content or any material made available on the Platform or otherwise use the
same for any commercial purpose;
- attempt to decompile or reverse engineer any software contained in the
Platform;
- remove any copyright or other proprietary notations from the Content,
Creator Content or any material made available on the Platform; or
- transfer the any material made available on the Platform to another
person or 'mirror' the same on any other server.
For the purpose of this Agreement, “Creator Content” shall mean and
include any audio files, video files, audio-visual files, images, text materials
(including .doc, .docx, and .pdfs) (other than the Content) uploaded or
otherwise published on the Platform by the Creator to be accessed by You,
including, but not limited to any such content/material posted by the Creator in
any Public Forum (defined below).
This license shall automatically
terminate if You violate any of these restrictions and may be terminated by us
at any time. Upon termination of this license granted to You or Your viewing of
any material on the Platform (including Content and Creator Content), You must
destroy any downloaded materials in Your possession (whether in electronic or
printed format).
- Communications: The Platform includes provision and facilitation of
Public Forums designed to enable You to communicate with us and other
registrants to the Content You have registered for. As stated above, use of
these Public Forums are completely your choice and by registering for a Content,
you are not obligated to participate in the Public Forum. However, if You choose
to participate, You agree to adhere to the terms specified in the ‘Code of
Conduct’ section hereinbelow and such other terms as may be published on
our Platform. If it comes to our notice that Your conduct is in violation of the
terms of this Agreement, then we may terminate or suspend Your access to any
Public Forums at any time, without notice, for any reason. You represent and
warrant that You own and control all rights in and to any content (including
without limitation chats, postings, or materials) uploaded or posted by You on
the Public Forums or anywhere on the Platform (“Learner Content”), or
that You are licensed to use and reproduce such Learner Content. We are not
responsible for the information that You choose to share on the Public Forums,
or for the actions of other users therein. You further understand and agree that
You, shall be solely responsible for the Learner Content including its legality,
reliability, accuracy, and appropriateness, and the consequences of its
publication.
Further, if you do post content or submit any Learner
Content on the Platform, and unless otherwise indicated by You in writing
(emails included) to us, You hereby grant us a non-exclusive, royalty-free,
irrevocable, perpetual and fully sublicensable rights to use, reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, and display
such Learner Content throughout the world in any media.
- Code of Conduct: You agree to the following:
- Legitimate usage of the Platform: You agree to use the Platform
only for lawful purposes and You are not allowed to use our Platform to
engage in any kind of activity that violates any applicable central, state,
local, federal or international law or regulation (including, without
limitation, any laws regarding the export of data or software to and from
the USA or other countries). Also, You agree that You will not use the
Platform in any manner that would disrupt, damage or impair the Platform or
access to it, in any manner, including promoting or encouraging illegal
activity such as hacking, cracking or distribution of counterfeit software,
compromised accounts, or cheats or hacks for the Platform and conduct of any
form of fraudulent activity.
- No harmful or dangerous content: Any content which incites or
promotes violence, that may cause physical or emotional harm or that may
endanger the safety of any individual or is otherwise objectionable is
expressly prohibited on the Platform. The Platform is to be used only for
the permitted uses as detailed under this Agreement.
- No hateful or defamatory content: We realise that there may be
instances when there are exchange of ideas and opinions which is essential
in the learning process, while we agree that individuals have the right to
voice their opinion, we do not encourage or tolerate any form of hate speech
or statements that are libelous, slanderous, threatening, violent,
predatory, defamatory, or any statement that incites hatred against specific
individuals or groups with respect to but not limited to race or ethnic
origin, country caste, religion, disability, gender, age, sexual
orientation/gender identity etc.
- Violent and graphic content: Any content, the sole objective of
which is to sensationalise, shock or disturb individuals is not allowed. We
do not allow any content that promotes terrorist acts or incites violence,
to be uploaded on the Platform in any manner.
- Harassment and bullying: We do not tolerate any form of harassment
or bullying on the Platform and strive to keep the Platform a safe space to
foster learning. Harassment in this case would include, without limitation,
to abusive videos, comments, messages, revealing someone’s personal
information, including sensitive personally identifiable information of
individuals, content or comments uploaded in order to humiliate someone,
sexual harassment or sexual bullying in any form.
- Spam: Posting untargeted, unwanted and repetitive content,
comments or messages with an intention to spam a Public Forum or otherwise
the Platform and to drive traffic from the Platform to other third-party
sites is in direct violation of this Agreement. Posting links to external
websites with malware and other prohibited sites is not allowed.
- Scams: Any content uploaded or posted in order to trick others for
their own financial gain is not allowed and we do not tolerate any practices
of extortion or blackmail, either.
- Privacy violation: Kindly refer to our Privacy Policy to know how
to protect Your privacy and respect the privacy of other Users.
- Impersonation: Impersonating another person, including but not
limited to, another learner, is not permitted while using our Platform. In
this case impersonation would mean the intention to cause confusion
regarding who the real person is by pretending to be them (such as using
names, image, documents, certificates etc. not belonging to You or not used
to identify You, or pretending to be a company, institute, group etc., by
using their logo, brand name or any distinguishing mark).
- Unauthorized Access or Disabling of Platform: You agree not to (i)
use the Platform in any manner that could disable, overburden, damage, or
impair the Platform or interfere with any other user’s use of the Platform;
(ii) not to use any manual process to monitor or copy any of the material on
the Platform or for any unauthorized purpose; (iii) use any device,
software, or routine that interferes with the proper working of the
Platform; (iv) attack the Platform via a denial-of-service attack; (v)
attempt to gain unauthorized access to, interfere with, or disrupt any parts
of the Platform, the server on which the Platform is stored, or any server,
computer, or database connected to or associated with the Platform; and (vi)
introduce any viruses, trojan horses, worms, keystroke loggers, malware, or
other material which is malicious or technologically harmful to the
Platform.
- If any violation of the above rules of conduct comes to our notice, then,
we reserve the right to refuse Your access to the Platform, terminate
accounts or remove such violating content at any time without notice to You.
- Intellectual Property:
We own all information and materials,
including Content and Creator Content (in whatever form or media) provided or
communicated to You by or on behalf of us including but not limited to, the
Platform, trademarks, trade dress, logos, wordmarks, illustrations, letters,
images, ideas, concepts, the layout, design, flow, look and feel of the
Platform, logos, marks, graphics, audio files, video files, any software which
is owned by or licensed to us, instructions embedded in any form of digital
documents and other data, information, or material made available to You by us
(“Creator’s Intellectual Property”). Creator’s Intellectual Property,
including the copyrights and trademarks contained therein, may not be modified
by You in any way. You acknowledge and agree that You do not acquire any
ownership rights to Creator’s Intellectual Property by use of the Platform or
any part thereof. You acknowledge and agree that the Creator’s Intellectual
Property is protected by the applicable intellectual property laws, including
international copyright, trademark, patent, trade secret and other intellectual
property or proprietary rights laws and any unauthorized use, reproduction,
modification, distribution, transmission, republication, display or performance
of the Creator’s Intellectual Property or any component thereof is strictly
prohibited.
- Feedback: If You submit suggestions, ideas, comments, or questions
containing product feedback about any Content, the Platform or any part thereof,
either through the Public Forum or otherwise (“Feedback”), then You
grants to us a worldwide, non-exclusive, royalty-free, perpetual, and
irrevocable right to use (and full right to sublicense), reproduce, modify,
adapt, publish, translate, create derivative works from, distribute, transmit,
and display such Feedback in any form. You shall have no intellectual property
right in any Content, Platform or any part thereof, as a result of our
incorporation of Feedback into any Content or the Platform.
- Payments and Refunds: To register/enrol for any Content, You may need
to pay a fee as may be applicable (“Content Fee”). Please refer to our
Platform to know the pricing. Payment of such Content Fee shall be processed
through third-party payment processors. Your payments may be subject to
applicable taxes, so we suggest that You read terms and policies of of such
third party payment processors to understand the same better. Once You purchase
access to a Content on the Platform, the same cannot be cancelled and there
shall be no refund of the Content Fee, unless otherwise stated in our Refund Policy.
As stated above, we use
third-party service providers to enable You to make payment for the purchases
made on the Platform. Accordingly, it is hereby clarified that we do not capture
and/or store any of your sensitive personal information. While making payments
through such third-party payment gateways/service providers kindly ensure to
read through their terms and conditions.
- Disclaimer: THE PLATFORM IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE"
AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM
EXTENT PERMITTED UNDER APPLICABLE LAW, THE CREATOR, ON ITS OWN BEHALF AND ON
BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE
PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE
OF PERFORMANCE, USAGE OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING,
THE CREATOR PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF
ANY KIND THAT THE PLATFORM OR THE SERVICES OR PRODUCTS OFFERED THEREIN WILL MEET
YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY
OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION,
MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY
ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
WITHOUT LIMITING THE
FOREGOING, THE CREATOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS
OR IMPLIED: (I) AS TO THE OPERATION OR AVAILABILITY OF THE PLATFORM, OR THE
INFORMATION, CONTENT, AND MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE
PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY,
RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE
PLATFORM; OR (IV) THAT THE PLATFORM, ITS SERVERS, THE CONTENT, OR E-MAILS SENT
FROM OR ON BEHALF OF THE CREATOR ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES,
WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN TYPES OF WARRANTIES OR
LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE
ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. BUT IN SUCH A CASE THE
EXCLUSIONS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL BE APPLIED TO THE
GREATEST EXTENT ENFORCEABLE UNDER APPLICABLE LAW.
- Limitation of Liability: In no event shall the Creator be liable for
any damages (including, without limitation, damages for loss of data or profit,
or due to business interruption) arising out of the use or inability to use the
Content or any other materials on the Platform, even if the Creator or any
authorized personnel of the Creator has been notified orally or in writing of
the possibility of such damage. Some jurisdictions do not allow limitations on
implied warranties, or limitations of liability for consequential or incidental
damages, so, some or all of these limitations may not apply to You.
- Indemnity and Release: You shall indemnify and hold harmless the
Creator and where applicable, its officers, directors, agents and employees,
from any claim or demand, or actions including reasonable attorney's fees, made
by any third party or penalty imposed due to or arising out of Your breach of
this Agreement or any document incorporated by reference, or Your violation of
any law, rules, regulations or the rights of a third party.
- Links to Third Party Website: Creator has not reviewed all of the
sites linked to its Platform and is not responsible for the contents of any such
linked site. The inclusion of any link does not imply endorsement by the Creator
of such site. Use of any such linked website is at the Your own risk.
- Governing Law and Jurisdiction: Any claim relating to the Platform
shall be governed by the laws of the Creator’s home jurisdiction (as provided on
the Platform) without regard to its conflict of law provisions. You agree, as we
do, to submit to the exclusive jurisdiction of the courts at Creator’s home
jurisdiction.
- Miscellaneous:
- Alteration of Platform or Amendments to the Conditions: We reserve
the right to make changes to our Platform, policies, and this Agreement at
any time. We will post the new terms with a revision date indicated at the
top or if deemed practicable. You should check our Platform frequently to
see recent changes. You will be subject to the Agreement and the policies in
force at the time that You use the Platform or any part thereof, unless any
change to those policies or these conditions is required to be made by law
or government authority (in which case it will apply to orders previously
placed by You). If any of these conditions is deemed invalid, void, or for
any reason unenforceable, that condition will be deemed severable and will
not affect the validity and enforceability of any remaining condition.
- Waiver: If You breach these conditions and we take no action, we
will still be entitled to use our rights and remedies in any other situation
where You breach these conditions.
- Assignment: You may not assign or transfer this Agreement, by
operation or law or otherwise. Any attempt by You to assign or transfer this
Agreement will be null and void.
- Severability: If any provision of this Agreement will be adjudged
by any court of competent jurisdiction to be unenforceable or invalid, that
provision will be limited to the minimum extent necessary so that this
Agreement will otherwise remain in effect.
- Events beyond our reasonable control: We will not be held
responsible for any delay or failure to comply with our obligations under
these conditions if the delay or failure arises from any cause which is
beyond our reasonable control. This condition does not affect Your statutory
rights.
- Contact Us: If You’ve have concerns or queries regarding this
Agreement, You may write to us by email at piyushagarwalvo@gmail.com.
