TERMS AND CONDITIONS

The website – ‘www.skilltasy.com’ and all other associated/ancillary applications, products, websites and services (“Website/Platform”) are property of and managed by Aarquench Solutions Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at Kalpataru Estate-Phase2, Jawalkar Nagar, Pimple Gurav, Pune-411061 (hereinafter referred to as "Skilltasy / Company" which expression shall, unless it be repugnant to the context thereof, be deemed to include permitted successors and assigns).
For the purposes of these Terms and Conditions of use and access (“T&C”), accessing of and/or using the Website/Platform for listing of a user themselves as a trainer/instructors/consultant or accessing the credentials and/or information of the trainer/instructor/consultant made available or disseminated or uploaded therein, including all information, tools and services made available shall hereinafter be collectively be referred to as the “Services”.
By accessing or using any version of the Website/Platform, you signify that you have read, understood and agreed to be bound by these Terms and Conditions of use and access (“T&C”), the Privacy Policy of the Company and any other applicable law.
As used herein, “Users” shall mean anyone who uses or accesses the Website/ Services / Platform on any computer, mobile phone, tablet, console or other device (collectively, “Device”).
The Users include such persons who are signing up or willing to sign up as trainers/instructors /consultant and such organizations/institutions/companies that are willing to on board such trainers/instructors/consultant from the Company and such other persons accessing or using the Website/Platform for availing the Services provided by the Website/Platform. Your continued use of the Website shall be constituted as your acceptance to the T&C, as revised from time to time. If you do not agree with these T&C, please do not access the Website and use the Services.

1. Terms and Conditions subject to change

We reserve the right to update or modify these T&C at any time without prior notice. Your access of the Website and use of the Services following any such change constitutes your agreement to follow and be bound by these T&C, as updated or modified. For this reason, we encourage you to review these T&C each time you access and use the Services.

2. Eligibility

You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these T&C. You shall not access and use the Services if you are not competent to contract under the applicable laws, rules and regulations;
If you are accessing the Website and the Services are being used for the benefit of a minor, you expressly confirm that you are legally competent to provide consent on behalf of such a minor and that the minor’s use of the Website and/or the Services shall be subject to the T&C;
If you represent a company, partnership firm or sole proprietorship, you shall be eligible to access the Services and avail of the features and facilities on its behalf only if you have been duly authorized by way of necessary corporate action, as may be prescribed statutorily and/or under the charter documents of such entity and further, if you have fulfilled such additional eligibility requirements as the Company may require in connection therewith.
A User is responsible to verify that the use of this Website is for lawful purposes only. Therefore, any User who accesses the Website from within India or outside shall access the Website entirely at their own risk and shall remain responsible for compliance with the laws of their jurisdiction. In addition to the provisions relating to the absence of liability of Website i.e. www.skilltasy.com the indemnity from the Website User on the use of the Platform for lawful purposes and in compliance with the laws of his/her jurisdiction within or outside India shall survive the expiration or termination of these Terms and Use for any reason whatsoever in favor of the Website owners and its licensors
It is clarified that the Company makes no claim that the Services on the Website, are appropriate, accurate, reliable, or updated, suitable or complete or may be downloaded in a particular jurisdiction and your use of the Platform shall be at all times be solely at your discretion and risk and the Company at all times shall remain indemnified.

3. Registration on the Website/Platform:

Skilltasy provides for free online registration to its Users, the User may make an account onto the Platform by inserting their valid personal information as may be required by the Company.

4. Responsibilities of Skilltasy:

Skilltasy or its owners, managers, directors, employees, agents, partners, advertisers or affiliates will not be liable for any loss, damage, injury caused to the User arising out of use of the Platform or its Services including any legal actions.
Any information on the Platform relating to listing, name, content, material of any professional or firm found on this Platform does not constitute any endorsement or recommendations of Skilltasy. The Platform takes no responsibility of the authenticity and/or the accuracy of the information on the Platform provided by the third parties.
Skilltasy will not be held responsible for any third party content. The Platform User agrees that he will not use the Website for anything false, defamatory, inaccurate, abusive, harassing, obscene, sexually oriented or threatening message or material that is illegally invasive of another person's privacy.
In case any Platform User finds any content is objectionable or illegal, he may report to Skilltasy by writing at the customer care helpline e-mail address/phone number provided on the Platform. Objectionable /illegal content will be monitored and blocked from public access within 72 hours from reporting of the complaint. Such third party content is not edited or monitored by Skilltasy and does not reflect approval of Skilltasy, its owners, managers, directors, employees, agents, partners, advertisers or affiliates. It bears no responsibility for the posts or the information contained therein. If such information posted is infringing or objectionable, Skilltasy is not liable and shall take appropriate legal action against concerned Platform User for posting such content.
In no event shall Skilltasy be liable to the Platform User for any special, indirect, exemplary or consequential damages arising out your purchase or use of the Website or any third-party claims.

5. Prohibited activities:

The Platform User shall not use any computer resource or communication device to host, display, upload, modify, publish, transmit, update or share any information on the Platform or in connection with Platform on another web resource that –

belongs to another person and to which the Platform User does not have any right to;
is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.

6. Additional Terms of Usage of the Platform:

Being a Platform User you agree to abide by its terms and conditions and that you agree to use the Platform on your own free will and it is not guided by any promotional emails, phone calls and advertisements from Skilltasy and its affiliates and partners. The use of the Platform is solely at your own risk.
Skilltasy shall not be under an obligation to indemnify any Platform User for any breach in the representation towards Services through the Platform, and will not be liable to pay any damages, direct or indirect, or consequential damages for loss of revenue, loss of business, loss of data, system crash, faulty operation, malware attacks or slow transmission of the telephone line or web servers or email servers or hardware or software involved in the conduct of the Platform technical disruptions, unavailability of Platform or its Online Services, delay, failure, interruption, alteration or damage of any data or other information transmitted or posted in connection with use of the Platform.
That the Platform does not guarantee to be error-free or bug-free. We provide no warranty regarding the security, reliability, timeliness, or performance of the Platform or its accuracy, suitability or completeness or timeliness, accuracy of profile pages or any information contained therein, Services (including software, text, graphics, links, or communications) provided on or through the use of the Platform.
The Platform and the Services on Platform are provided on an "as is" basis. Skilltasy, its owners, its licensors, and its suppliers to the fullest extent permitted by law, disclaim all warranties, express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose.
The defaulting Platform User shall indemnify and agrees to keep Skilltasy and its subsidiaries and affiliates, and its and their directors, officers, employees, successors and assigns fully harmless against any complaints, suits, actions, claims, losses, damages, liabilities (including statutory liability), penalties, demands and costs (including without limitation, legal costs of Skilltasy),awards, and/or expenses however arising directly or indirectly from the Platform User arising in connection with Services offered by other Platform User on the Platform or its quality, performance or legalities including allegations of loss of data, system crash or otherwise, and copyright infringement or other intellectual property violations raised by third parties or Customers, or in respect of breach of any of the registered Service provider warranties, representations or undertakings or in any way attributable in whole or in part to registered Service provider's performance of this Agreement or in relation to the non-fulfilment of any of its obligations under this Agreement.
Skilltasy, its owners, directors, employees or agents, successors assigns, affiliates, subsidiaries mentioned on the Platform in any event whatsoever not be liable for any damages (including, without limitation, incidental and consequential damages, direct, indirect, exemplary damages, special or punitive damages, fees, fines, penalties, or liabilities ,personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption, including any computer virus, anticipated profits, loss of profits or revenues, loss of saving, loss of use interruption of business, loss of opportunity, and claims of customers), whether such damages occur prior or subsequent to or are alleged as a results of, the use or inability to use the Platform or the Services, information posted under profile pages, whether based on warranty, contract, tort, or any other legal theory or breach of any of the provisions of this T&C.
That by browsing and/or registering on the Platform you agree that you are solely responsible for anything you post on the Platform and that you agree to defend, indemnify, and hold Skilltasy, its owners, its officers, directors, employees, agents, licensors, and suppliers, successors, assigns fully harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions or any claims based upon your posts/submissions on the Platform. Your sole and exclusive remedy for dissatisfaction with the Site is to stop using the Platform and its services.
Decision of Skilltasy on pricing and discounts will be final irrespective of what is published on the website or anywhere else.

7. Intellectual Property Rights Policy

All of the content on the Services, including, without limitation, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, interface, reports generated, trademarks, trade names, trade secrets (“User Content”), constitute Users intellectual property. Copyright laws in all applicable jurisdictions protect the Services and the Services Content;
You may access the Services, avail of the features and facilities and utilize the Services Content for your personal or internal requirements only. You agree not to duplicate, distribute, create derivative works of, display, or commercially exploit the Services Content, features or facilities, directly or indirectly, except as expressly authorized herein. In case you want to request permission to commercially exploit any Services Content, you could contact us.
Skilltasy is the sole owner of the underlying software and source code associated with Website and all the trademarks, copyright and any other intellectual property rights of any nature on the Website;

8. User Account, Password & Security

You are required to create an account (“Account”) on the Website to have access to the Services. You are responsible for maintaining the confidentiality of your login credentials and your Account and are fully responsible for all activities that occur under your password or Account. You agree to:

(a) Immediately notify us of any unauthorized use of your password or Account or any other breach of security; and

(b) Ensure that you exit from your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this clause.
You hereby acknowledge that the deletion of the Services from the Device does not constitute termination of your Account and agree to undertake the process detailed herein in order to complete de-registration. In the event you are desirous to terminate your account and having your details removed from the records of the Company, you shall provide a written request for the same to the Company along with the reasons for such request. The Company shall forthwith remove and delete all such information and account details upon such request.

9. User Communications

Accepting these T&C, implies your express consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf at any contact number, or physical or electronic address provided by you while registering your Account. You further agree to us contacting you in any manner, including without limitation, SMS messages (including text messages), calls using pre-recorded messages or artificial voice, calls and messages delivered using auto telephone dialling system or an automatic texting system, and notifications sent via the Services. Automated messages may be played when the telephone is answered whether by you or someone else. If an agent or representative calls, he or she may also leave a message on your answering machine, voice mail, or send one via SMS.
You certify, warrant and represent that the telephone numbers and/or email addresses and any other information that you have provided (at the time of registering on the Website or thereafter or for creating an Account) to us are your own and not someone else's and are true, accurate, current and complete. You represent that you are permitted to receive calls at each of the telephone/ mobile numbers you have provided to us and emails at each of the email addresses you have provided us. You agree to notify us whenever you stop using a telephone/ mobile number(s) and/or email address(es).

10. User Guidelines

In consideration of Skilltasy granting you the rights hereunder, you hereby agree not to use the Services for any purpose that is unlawful under any applicable laws and/or in violation of the terms of these T&C and our Privacy Policy. You shall not use the Services in any manner that could damage, disable, overburden, or impair our server, or any network(s) connected to any other server, or interfere with any other party's use and enjoyment of the Services. You shall not attempt to gain unauthorized access to any functions and features, other user accounts, computer systems or networks connected to any other server, in any manner, including, through hacking, password mining or any other means. You shall not obtain or attempt to obtain any materials or information through any means which is not intentionally made available to your Account or through the Services.
You accept that any and all operations emanating from your Device shall be assumed to have been initiated by you.
You shall not copy, reproduce, distribute, or create derivative works or modify the Services Content that is available on the Website. Also, you shall not attempt to decompile or reverse engineer or reverse compile our technology/ software that is available on the Website or transfer the material to another person or “mirror” the material on any other server, including, without limitation, such Java applet, as may be associated with the Website and/ or the Services from time to time.
You shall request Skilltasy to block the Account and change the password immediately for the Account, if your Device has been lost or stolen.
You are responsible for any and all activities that occur in your Account. You agree to notify Skilltasy immediately of any unauthorized use of the Account or any other breach of security. Skilltasy shall not be liable for any loss to you or your organization owing to negligent actions or a failure on your part to inform Skilltasy within a reasonable time, about loss or theft of your Device and/or any unauthorized access in your Account, either with or without your knowledge.
You shall be liable for losses incurred by Skilltasy or any other party due to a third party’s use of the Account. You shall not use any other person’s account at any time, without the permission of the account holder and Skilltasy.
Skilltasy shall make all reasonable efforts to ensure that your information is kept confidential. However, Skilltasy shall not be responsible for any disclosure or leakage of confidential information and/or loss or damage of the Device due to theft, negligence or failure on your part to practice safe computing.
You shall ensure that while using the functions and features, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied with by you and Skilltasy shall not be liable in any manner whatsoever for default of any nature, by you, regarding the same.
You understand that any agreement made by you for provision of services or receipt of services shall be made between you and the Company and not directly between you and the party to whom such services are provided or from whom such services are sought
You understand and acknowledge that upon using the Services, you authorize us to access third party sites designated by you, on your behalf, to retrieve such information requested by you, and to register for accounts requested by you. For all purposes hereof, you hereby grant us limited powers and hereby authorize us with the full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with services and facilities available on the Services, as fully to all intents and purposes as you might or could do in person.

YOU ACKNOWLEDGE AND AGREE THAT WHEN WE ACCESS AND RETRIEVE INFORMATION FROM THIRD PARTY SITES, WE ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF THE THIRD PARTY. You agree that such third parties shall be entitled to rely on the foregoing authorization, agency granted by you.

11. Accuracy of materials

The material as part of the Services and as appearing on the Website could include technical, typographical, or photographic errors. Skilltasy does not warrant that any of the material on the Website is accurate, complete or current. While, Skilltasy may make changes to the material made available as the Services or on the Website at any time without notice, however it is under no obligation to update the material.

12. Generation of content by the User

Skilltasy provides that its Users have an option of creating tutorial videos, audio, clips, uploading, displaying, sharing, publishing the content on the Website (“User Content”). Upon publishing or uploading of any User Content on the Website, you represent and warrant to Skilltasy that: You are the owner or the license holder of all copyright in the User Content, The User Content shall not infringe the intellectual property rights or other rights of any person or entity, including but not limited to copyright, moral rights, trademark, patent or rights of privacy or publicity, The User Content does not include any harmful or hateful content, The User Content does not disparage, insult or malign any person, people, races, religion or religious group and does not have any obscene, pornographic, abusive, inflammatory or otherwise sexually oriented or objectionable contents, The User Content is not contrary to any applicable laws.
You agree and acknowledge that Skilltasy has no role or control over and assumes no responsibility whatsoever for, the User Content and by posting such User Content on the Website, you expressly undertake to be personally liable for any and all liability arising therefrom. You also agree and acknowledge that Skilltasy has a right to review the User Content but not an obligation to assess if the same is contrary to these T&C and/or any applicable laws. Further, Skilltasy may remove any content from the Website and/or block, disable, terminate or suspend the User account in its sole discretion (including in the event a notice is received by Skilltasy that such User Content is breaching any intellectual property right of any third party).
Skilltasy hereby agree and confirms as follows: Subject to the provisions of the Privacy Policy, any data received from the Users (including but not limited to trainers/consultants/tutors/organizations/institutions) shall not be shared with any third-party for monetization purposes (including to such persons who are engaged in the business of lead generations) without prior intimation to the relevant User. The details shared by the Users will be stored in encrypted format. All User Content remains the property of such User and constitutes the intellectual property of such User alone. Skilltasy shall not, in any manner and without the consent of such User share or authorise the replication of such content by any other User provided that in the event that any content that is already available in the public domain and/ or the Website, and by virtue of such availability in public domain, such content may be generated in same or substantially similar form by multiple Users, Skilltasy shall not be under an obligation to remove such same or substantially similar content of any other User. It is clarified that all content made by the Users at the insistence of the Company that is incidental or ancillary to the services provided by the trainer/tutor/consultant including but not limited to progress reports of employees and other reports prepared for analytic purposes belongs solely to the Company and the Company may choose to sell it to any third party or treat it in any other way that it deems fit.

13. Third Party Links, Promotions and Advertisements

All the websites linked to the Website are not verified by Skilltasy and inclusion of any link does not imply endorsement by Skilltasy and usage/ access of/ to any such linked website is at the user's own risk.
The Website may from time to time run promotions and advertisements of third parties, products and/or services. Your relationships and business dealings with any such third parties shall be solely matters between you and such third parties.
You acknowledge and agree that Skilltasy is not responsible or liable for any loss or damage of any kind incurred as a result of any such dealings with such third parties.

14. Force Majeure

Skilltasy shall not be liable for failing to perform, or delay in performance of, any of its obligations if, and to the extent that, such failure or delay is caused by an event substantially beyond its control, including but not limited to acts of God, acts of the public enemy or governmental authority in its sovereign or contractual capacity (including but not limited to declaration of lockdown), war, terrorism, floods, fire, strikes, epidemics, pandemics, civil unrest or riots, and/or power outage or grid failure.

15. Indemnification

You agree to protect, defend and indemnify us and hold us and our officers, directors, partners, employees, agents, investors and representatives harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your access and use of the Website and/ or the Services in violation of these T&C and/or your infringement, or infringement by any other user of your Account, of any intellectual property or other right of anyone.
The terms of this provision will survive any termination or cancellation of these T&C or your use of the Services.

16. Warranties

The Services and the functions and feature of the Website are provided on an “as is” and on an “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Skilltasy shall make reasonable efforts to provide the Services and the functions and features. However, we make no warranty that the Services shall meet your requirements, be uninterrupted, timely, secure, and/or error free. Further we do not make any warranty as to the results that may be obtained from the use of the functions and features or as to the accuracy, reliability and/or quality of the output derived therefrom.
Skilltasy shall not be liable for the loss and/or damage of the confidential information or data of the User arising as a result of an event or a series of related events, that is beyond its control including failures of or problems with the internet or part of the internet, attempted hacker attacks, hacker attacks, denial of service attacks and/or viruses or other malicious software attacks or infections.
Any material downloaded or otherwise obtained through the Services is done at your own discretion and risk and you are solely responsible for any damage to your Device or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from us through or from the Service will create any warranty not expressly stated in these T&C.

17. Limitation of Liability

In no event shall we be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the access, use or performance of the services, functions and features or for interruptions, delay, etc., even if we were advised of the possibility of damages resulting from the cost of getting substitute facilities on the services, any services, data, information or services purchased or obtained or messages received or transactions entered into through or from the services, unauthorized access to or alteration of your transmissions or data statements or conduct of anyone on the services, or inability to use the services, the provision of or failure to provide the functions and features, whether based on contract, tort, negligence, strict liability or otherwise. This clause shall survive in perpetuity.

18. Confidentiality

"Confidential Information" means non-public information that Disclosing Party designates as being confidential in writing or orally or it is third party /Customer's sensitive information which is disclosed in confidence or which under the Confidential Information circumstances surrounding disclosure ought to be treated as confidential "Confidential Information"
For perpetuity from respective disclosure under this Agreement, the receiving Party shall treat as confidential all Confidential Information Provided by the other Party, including the trade secrets, proprietary information, sensitive personal information, or other sensitive information belonging to its customers, financial details, shall not use such Confidential Information except as expressly set forth herein or otherwise authorized in writing, and shall not disclose such Confidential Information to any third party except as may be necessary and required in connection with its rights and obligations under this Agreement.
Exceptions: Notwithstanding the above, neither Party shall have liability to the other with regard to any Confidential Information which-

1. Was generally known and available in the public domain at the time it was disclosed, or becomes generally known an available in the public domain through no fault of the receiver.

2. Was known to the receiver at the time of disclosure as shown by the files of the receiver in existence at the time of disclosure.

3. Is disclosed with the prior written approval of the discloser

4. Is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided; that the receiver shall provide reasonable advance notice thereof to enable the discloser to seek a protective order or otherwise prevent such disclosure.
You acknowledge and agree that the Confidential Information so provided to you shall at all times be the property of Skilltasy and any breach of the same shall cause irreparable damage to Skilltasy.

19. Severability

If any provision of these T&C is held to be illegal, invalid or unenforceable under any present or future applicable laws: (a) such provision will be replaced with another, which is not prohibited or unenforceable and has, as far as possible, the same legal and commercial effect as that which it replaces; and (b) the remaining provisions of the T&C will remain in full force and effect and will not be affected by the illegal, invalid, or unenforceable provision or by its severance here from.

20. Termination

Skilltasy may block, restrict, disable, suspend or terminate the use of the Services at any time without giving any notice to you in case you are inter alia found to (i) Be in breach of the terms of these T&C (including the Privacy Policy); (ii) Violate any applicable laws; (iii) Be infringing the intellectual property rights of any third party; (iv) Be acting in a manner which may result into any claim against Skilltasy.
Upon termination, the rights and license granted to you herein shall terminate and you must cease all use of and access to the Services and/ or Website and you must destroy any downloaded materials in your possession whether in electronic or printed format.
Any termination of your right to use or access the Website and/ or the Services shall not affect liability incurred by you prior to such termination.

21. Waiver

Any failure on the part of Skilltasy to require performance of any provision of these T&C shall not affect its right to full performance thereof at any time thereafter, and any waiver by Skilltasy of a breach of any provision hereof shall not constitute a waiver of a similar breach in the future or of any other breach.

22. Assignment

You shall not assign or transfer any rights, obligations, or privileges that you have under these T&C, without the prior written consent of Skilltasy. Subject to the foregoing, these T&C will be binding on your legal heirs, successors and permitted assignees. Any assignment or transfer in violation of this clause will be deemed null and void. Skilltasy’s rights under the T&C are freely transferable by Skilltasy to any third parties without the requirement of intimating you or seeking your consent.

23. Updates

Skilltasy reserves the right to update the Website and/ or the Services, in order to, inter alia, increase efficiency, optimize user interface, and add new facilities from time to time. Update packages will be sent to you on your Device for download and installation.
You hereby agree to install the updates from time to time and acknowledge that Skilltasy will only be able to provide Account support for the Services if you ensure to install all updates upon receiving notifications thereof when using the Services.

24. Validity of T&C

These T&C shall apply when you complete the authentication process and create an Account and shall remain valid and binding on you for so long as you maintain the Account.

25. Governing Law and Jurisdiction

These T&C (and by extension, the Privacy Policy) are governed and construed in accordance with laws of India. By using the Services, you hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Pune, India, in the event of any disputes arising out of or in relation to your access to and use of the Services.