Last updated on: 15th September 2015
This platform “SkillAdda” is owned and managed by Axinovate Technologies LLP, a limited liability partnership incorporated under the Indian laws, having its registered office at 774, 17th Main, HSR Layout, Sector 3, Bangalore - 560102, India (hereinafter "SkillAdda").
Application and Acceptance of Terms and Conditions:
1. For the purposes of this Agreement, "the User" is any person who accesses the Platform for any purpose, regardless of whether said person has registered on the Platform as a registered User or whether said person is a paying customer for a specific service provided by SkillAdda or its affiliates, through the Platform.
"Affiliates" means entities controlling, controlled by or under common control with SkillAdda.
1.1 The User includes the person using this Platform and any legal entity, which may be represented by such person under actual or apparent authority. If the User is a business entity, they represent that:
2. In this Agreement, you are referred to as "the User" or as "you", as the context may require. In this Agreement “SkillAdda” or “We” refers to Axinovate Technologies LLP.
3. By accessing or using the Platform, you hereby agree to accept the terms and conditions set forth in this Agreement as the User. You shall be bound by the terms and conditions of this Agreement with respect to your access to or use of this Platform, and any further upgrade, modification, addition, or change to this Platform. If you do not accept all of the terms and conditions of this Agreement, then you should not access or use this Platform.
4. The Agreement is applicable to the Platform as a whole. However, certain sections of the Platform may set out additional terms and conditions applicable for the User, which will be notified separately in such sections. Under no circumstances, shall the provisions of such terms and conditions prevail over this Agreement.
5. SkillAdda may amend this Agreement at any time by posting the amended and restated Agreement on the Platform. Such amended and restated Agreement shall bind you and SkillAdda immediately upon posting. The last revision date of the Agreement shall be mentioned at the beginning of the Agreement. Posting by SkillAdda of the amended and restated Agreement and your continued use of the Platform shall be deemed to be acceptance of the amended terms. This Agreement may not be modified except in writing by an authorised officer of SkillAdda.
6. Access to some parts of the Platform and some of its features are provided to all the Users free of charge. SkillAdda reserves the right to restrict access to any areas or features of the Platform, without prior notice to any User.
7. You may use this Platform solely for non-commercial purposes. You agree that you shall not copy, reproduce or download any information, text, images, video clips, directories, files, databases or listings available on or through the Platform for the purpose of re-selling or re-distributing, mass mailing (via emails, wireless text messages, physical mail or otherwise), operating a business that competes with the Platform, or otherwise commercially exploiting the Platform’s Content. Systematic retrieval of Platform’s Content to create or compile, directly or indirectly, a collection, database or directory or any such compilation (whether through bots, spiders, automatic devices, or manual processes) without prior written permission from SkillAdda is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
8. Some of the Platform’s Content displayed is provided or posted by third parties ("Third Party Content"). SkillAdda is not the author of Third-Party Content, unless otherwise expressly provided. Any Third Party Content that is not owned by SkillAdda is the sole responsibility of the party who provides the content. SkillAdda is not responsible for the accuracy, propriety, lawfulness, or truthfulness of any Third Party Content, and shall not be liable to any Users in connection with such User's reliance on such Third Party Content.
9. Some of the Platform’s Content displayed is provided or posted by the Users ("User Generated Content"). SkillAdda is not the author of User Generated Content, unless otherwise expressly provided. Any User Generated Content that is not owned by SkillAdda is the sole responsibility of the party who provides the content. SkillAdda is not responsible for the accuracy, propriety, lawfulness, or truthfulness of any User Generated Content, and shall not be liable to any Users in connection with such User's reliance on such User Generated Content.
10. SkillAdda is not responsible for the conduct of any User's activities on the Platform, and shall not be liable to any person in connection with any damage suffered by any person as a result of such User's conduct.
11. SkillAdda may allow you access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and privacy policies, before using such sites. You acknowledge that SkillAdda has no control over such third party's web site, does not monitor such sites, and shall not be held responsible or liable to anyone for such web site, or any content, products or services made available on such a website.
12. Messages or information sent by you through communication systems provided by the Platform, or through emails, fax or letters to addressees obtained from the Platform, shall follow the requirements of Paras 26 to 29 below.
13. You shall not undertake any scheme to undermine the integrity of the computer systems or networks used by the Platform or SkillAdda, or those of any other, and you shall not attempt to gain unauthorised access to such computer systems or networks.
15. As a condition of your access to and use of the Platform, you agree that you will not use the Platform to infringe the intellectual property rights or other legitimate rights of others in any way. SkillAdda will, under appropriate circumstances, terminate the accounts of Users who are infringers of the copyrights, or other intellectual property rights, or other legitimate rights of others. In addition, SkillAdda reserves the right to terminate the account of any User upon any single infringement of the rights of other users in conjunction with use of the Platform, or if SkillAdda believes that the User's conduct is harmful to the interests of the Platform or its affiliates, or other Users, or for any other reason in SkillAdda's sole discretion, with or without cause.
16. SkillAdda and the Users are independent contractors, and no agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
17. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
18. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
19. SkillAdda's failure to enforce any right or failure to act with respect to any breach by a User under this Agreement will not waive that right, nor will it constitute a waiver of SkillAdda's right to act with respect with subsequent or similar breaches.
20. SkillAdda shall have the right to assign this Agreement to any person or entity (including any affiliates of SkillAdda). The User may not assign, in whole or part, this Agreement to any person or entity.
21. This Agreement shall be construed in, interpreted, applied and governed in accordance with the laws of India and jurisdiction of Court at Bangalore, Karnataka, India.
22. Certain sections of the Platform allow you to post information in the form of topics, comments and other such similar options. You by availing such facility on the Platform expressly agree to comply with the provisions of Para 26 to 29 in relation to all such posting on the Platform.
23. Only the User given express permission to administer a Page may administer such Page on the Platform. SkillAdda reserves the right to block access to the Platform if it suspects misuse of the administrator rights for a page.
24. If the User displays any content on their Page that is an advertisement, or could be construed as an advertisement, that content must comply with the advertisement requirements of the Advertising Guidelines in the Agreement.
25. No sales agency relationship is created between any User and SkillAdda, its affiliates, directors, officers or Employers by virtue of the display of any of the User's information on the Platform.
26. You hereby represent, warrant and agree:
27. You hereby represent, warrant and agree that information submitted for display on the Platform shall not:
28. SkillAdda reserves the right in its sole discretion to remove any material displayed on the Platform which it reasonably believes is unlawful, could subject SkillAdda to liability, violates this Agreement or is otherwise found inappropriate in SkillAdda's opinion. SkillAdda reserves the right to cooperate fully with governmental authorities, private investigators and injured third parties in the investigation of any suspected criminal or civil wrongdoing. Furthermore, SkillAdda may disclose your identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a legal action, and SkillAdda shall not be liable for damages or results thereof and you agree not to bring any action or claim against SkillAdda for such disclosure. In connection with any of the foregoing, SkillAdda may suspend or terminate your account as SkillAdda deems appropriate in its sole discretion. You agree that SkillAdda shall have no liability to you, including no liability for consequential or any other damages, in the event SkillAdda takes any of the actions mentioned in this clause, and that you agree to bear the risk that SkillAdda may take such actions.
29. WE PROVIDE THE SKILLADDA PLATFORM AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. SKILLADDA DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SKILLADDA AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY SKILLADDA OR ANYTHING RELATED TO SKILLADDA, YOU MAY DEACTIVATE YOUR SKILLADDA ACCOUNT AND TERMINATE THIS AGREEMENT AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. DEACTIVATION OF YOUR ACCOUNT SHALL AMOUNT TO TERMINATION OF THIS AGREEMENT BY YOU. SKILLADDA IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS MAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH SKILLADDA TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE PLATFORM MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. SKILLADDA DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, SKILLADDA DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. SKILLADDA DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. SKILLADDA DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, SKILLADDA DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SKILLADDA PLATFORM DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON. SKILLADDA WILL TRY TO KEEP THE PLATFORM 'LIVE', BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE PLATFORM "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE PLATFORM WILL BE SAFE OR SECURE. SKILLADDA IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
30. Any material downloaded or otherwise obtained through the Platform, is done at your sole discretion and risk, and you are solely responsible for any damage to your computer system 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 SkillAdda or through or from the Platform shall create any warranty not expressly stated herein.
31. Under no circumstances shall SkillAdda be held liable for any delay or failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
32. You hereby agree to indemnify and hold harmless, SkillAdda, its affiliates, directors, officers, and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from your use of the PLATFORM (including but not limited to the display of your information on the Platform) or from its breach, of any of the terms and conditions of this Agreement, of any representations and warranties made by you to SkillAdda, of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the Platform.
33. SkillAdda shall not be liable for any special, direct, indirect, punitive, incidental, or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort or otherwise or any other damages resulting from any of the following:
Limitation of Liability
34. Notwithstanding any of the foregoing provisions, the aggregate liability of SkillAdda, its employees, agents, affiliates, representatives, or anyone acting on its behalf with respect to each User for all claims arising from the use of the Platform shall be limited to the greater of:
35. No User shall have the right to make a claim, regardless of form, which in any way arises out of this Agreement or the use of, or inability to use, the Platform, features, or software more than one year after the basis for the claim becomes known to the User desiring to assert it.
36. If any User is found to be in breach of any term of this Agreement, SkillAdda reserves the right to deactivate and terminate such User’s account and prevent such User from accessing the Platform. SkillAdda will not be liable for any claim whatsoever of such User.
Intellectual Property Rights
37. SkillAdda is the sole owner or lawful licensee of all the rights to the Platform and the Content. The Platform and Content embody trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the Platform and the Platform’s Content shall remain with SkillAdda, its affiliates or licensors of the Platform’s Content, as the case may be. All rights not otherwise claimed under this Agreement or by SkillAdda are hereby reserved.
38. "SKILLADDA" and the related icons and logos are registered trademarks or trademarks or service marks of SkillAdda, in various jurisdictions, and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorised copying, modification, use or publication of these marks is strictly prohibited.
39. For content that is covered by intellectual property rights, you specifically grant SkillAdda a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content that you post on or in connection with the Platform ("IP License").
40. All notices or demands to or upon SkillAdda shall be effective if in writing and shall be duly made when sent to SkillAdda in the following manner to: Axinovate Technologies LLP , 774, 17th Main, HSR Layout, Sector 3, Bangalore - 560102, India.
41. Notices or demands to or upon the User shall be effective if either delivered personally, sent by courier, certified mail, by facsimile or email to the last-known correspondence, fax or email address provided by the User to SkillAdda, or by posting such notice or demand on an area of the Platform that is publicly accessible without a charge or accessible to the User. Notice to the User shall be deemed to be received by the User if and when:
42. Terms and conditions applicable to advertisement upon the Platform can be amended by SkillAdda at any time without notice to any current advertisers.
43. SkillAdda may utilise registration information provided by you to deliver contextual advertisements to you.
44. All advertisements placed on the Platform will have to comply with the terms and conditions of this Agreement. All advertisers expressly agree to this Agreement and its terms and conditions. Placement of an advertisement on the Platform is assumed to acceptance of this Agreement.
45. SkillAdda will determine the size, placement, and positioning of the ads on the Platform.
46. SkillAdda cannot control how people interact with advertisements, and is not responsible for click fraud or other improper actions that affect the cost of running advertisements.
47. Advertisers can cancel their order at any time, but it may take up to 24 hours before the ad stops running. The Advertisers are responsible for paying for those ads.
48. SkillAdda's license to run the ad will end when we have completed the order. However, if you have interacted with the advertisement, the advertisement may remain until you delete it.
49. SkillAdda can use advertisements and related content and information for marketing or promotional purposes.
50. The Advertisers will not issue any press release or make public statements about their relationship with SkillAdda, or the Platform, without written permission.
51. SkillAdda may reject or remove any advertisement for any reason.
52. If any provision or part of this Agreement is held to be inapplicable or invalid, amendments to this Agreement may be made by the addition or deletion of wording as appropriate to remove the inapplicable part or provision but otherwise retain the provision and the other provisions of this Agreement to the maximum extent permissible under applicable law.
Settlement Of Disputes
53. If any dispute or difference shall arise between SkillAdda and you, as to the construction of this Agreement or any matter arising out of or, in connection therewith is not resolved by negotiation or mediation it shall be and hereby is referred to arbitration. When SkillAdda or you require such dispute or difference to be referred to arbitration then either SkillAdda or you shall give written notice to the other to such effect and such dispute or difference shall be referred to the arbitration and final decision of a person to be agreed between the parties as the Arbitrator or, upon failure to agree within fourteen days of the aforesaid written notice of a person to be appointed as the Arbitrator on the request of either SkillAdda or you.
54. If before making his final award the Arbitrator dies or otherwise ceases to act as the Arbitrator, both the parties shall forthwith appoint a further Arbitrator, or, upon failure so to appoint within 14 days of any such death or cessation, then either SkillAdda or you may request the Indian Council of Arbitration of Arbitrators to appoint a further Arbitrator.
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