Effective 29th January 2023.
These “Terms of Use”, “Terms of Services”, “Terms and Conditions”, “Terms” form a legally binding agreement between Users (“User(s), you, your, customer(s), yourself”) and SkillNet (Zcientia Labs Pvt Ltd) and/or its subsidiaries, brands and affiliates (“SkillNet, we, us, our”). These terms shall govern the use of the website, mobile application, call centers, social media, chat and email support (collectively referred to as “SkillNet Platform”) which enables the User to connect with us in relation to the services offered through the SkillNet Platform ("Services").
By clicking “Let’s Go” on the Registration page, joining Skillnet and by clicking “Login Via Google”, “Login Via LinkedIn” and registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with SkillNet (even if you are using our Services on behalf of a company/organise/enterprise/firm). If you do not agree to the terms (“Terms and Conditions”), do not click “Let’s Go!” “Join” (or similar) and do not access or otherwise use any of our Services. You may end this agreement at any time by deactivating your account and ceasing any access to or use of our Services.
Services
We offer a wide range of services through our platform:
Please read these terms carefully before accessing, using, obtaining, or availing of any products or Services by SkillNet. If you do not agree with these Terms, you may refrain from using the SkillNet Platform and/or Services. These conditions must be read in conjunction with any other applicable terms, conditions and policies governing the use of SkillNet Platform and Services.
SkillNet reserves the right to modify these Terms of Use at any time at its sole discretion. It will be your responsibility to keep yourself updated with the “Terms of Use”, “Terms of Services”, “Terms and Conditions”, “Terms” from time to time, your continued usage of the SkillNet Platform and Services would be deemed to be an acceptance of these terms and the modifications thereto.
SkillNet offers a variety of Paid services to its users to enable the users to get more value from the platform.
Eligibility to use paid services
You must be at least eighteen (18) years of age or above and capable of entering, performing and adhering to these terms. While individuals under the age of 18 may utilize/browse the SkillNet Platform, they shall do so only with the involvement, guidance, and supervision of their parents and/or legal guardians, under such parent /legal guardian’s registered account. SkillNet reserves the right to terminate User’s access and refuse to provide User with access to the SkillNet Platform if SkillNet discovers that User is under the age of 18 years.
1. Using the SkillNet Platform: Account Registration
SkillNet makes the Products and Services available to you through the SkillNet Platform upon you providing SkillNet certain required User information and/or having created an account ("Account") through SkillNet UserID and password or other login ID and password (collectively, the "Account Information").
The SkillNet Platform requires you to provide information such as your name, email address, phone number, etc in order to take any kind of action on the SkillNet Platform. The SkillNet Platform requires you to register as a User by creating an Account in order to pay for some of the SkillNet Products and Services provided. You will be responsible for maintaining the confidentiality of the Account Information and are fully responsible for all activities that occur under Your Account. You agree to
(a) immediately notify SkillNet of any unauthorized use of its Account Information or any other breach of security, and
(b) ensure that you exit/log out from the account at the end of each session.
SkillNet cannot and shall not be liable for any loss or damage arising from your failure to comply with this clause. You may be held liable for losses incurred by SkillNet or any other user or visitor to the SkillNet Platform due to authorized or unauthorized use of your account as a result of your failure in keeping its Account Information secure and confidential.
SkillNet also allows restricted access to the SkillNet Platform for unregistered users. At the time of registration, you shall ensure that the Account Information provided by you in the SkillNet Platform registration form is complete, accurate, and up-to-date. Use of another user’s account information is expressly prohibited.
2. Usage terms
The information, materials, and Services available on the SkillNet Platform may inadvertently include inaccuracies, typographical errors, or outdated information, SkillNet is not responsible for and shall not be bound to honor typographical or pricing errors on the SkillNet Platform. SkillNet reserves the right to refuse or cancel requests/booking/refunds/withdrawal at any time, including but not limited to requests/booking/refunds/withdrawal that contains incorrect prices or product/service descriptions, requests/booking/refunds/withdrawal in which SkillNet believes the User has violated applicable laws or these terms, request/bookings that SkillNet believes are harmful to SkillNet or request/bookings that SkillNet believes are fraudulent or based on illegal, fraudulent or deceitful use/furnishing of information or based on false information.
SkillNet neither warrants nor makes any representations regarding the quality, accuracy, or completeness of any data, information, product, or Service. Subject to the Services referred in Paragraph “SkillNet services“ SkillNet, in relation to its platform, expressly disclaims any warranties whether express or implied about the accuracy, completeness, correctness, suitability, reliability, availability, timeliness, quality, continuity, performance, error-free or uninterrupted operation/functioning, fitness for a particular purpose, workmanlike effort, non-infringement, lack of viruses or other harmful components of the Services and/or products.
SkillNet shall not be responsible for the delay or inability to use the SkillNet Platform unrelated functionalities, the provision of or failure to provide functionalities, or for any information, software, Services, functionalities, and related graphics obtained through the SkillNet Platform, or otherwise arising out of the use of the SkillNet Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, SkillNet shall not be held responsible for the non-availability of the SkillNet Platform during periodic maintenance operations or any unplanned suspension of access to the SkillNet Platform that may occur due to technical reasons or for any reason beyond SkillNet’s control. The User understands and agrees that any material or data downloaded or otherwise obtained through the SkillNet Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. SkillNet accepts no liability for any errors or omissions, with respect to any information provided to the User.
SkillNet may make access to and use of the SkillNet Platform, or certain areas or features of the SkillNet Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting ratings or reviews thresholds, or a User’s booking and cancellation history.
Due to the nature of the Internet, SkillNet cannot guarantee the continuous and uninterrupted availability and accessibility of the SkillNet Platform. SkillNet may restrict the availability of the SkillNet Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the SkillNet Platform. SkillNet may improve, enhance and modify the SkillNet Platform and introduce new SkillNet Services from time to time.
SkillNet may enable features that allow you to authorize other Users or certain third parties to take certain actions that affect your SkillNet Account. For example, we may enable Users to link their SkillNet Accounts to businesses and take actions for those businesses, we may enable eligible Users or certain third parties to book listings on behalf of other Users. These features do not require that you share your credentials with any other person. No third party is authorized by SkillNet to ask for your credentials, and you shall not request the credentials of another User.
You agree that you will not:
Your ability to contact other users and the amount of followers you have are both subject to limitation by SkillNet. In the event that you violate this Agreement, the law, or are abusing the Services, SkillNet retains the right to restrict, suspend, or terminate your account.
3. Prohibited Content :
As a pre-condition of use of the SkillNet Platform, User warrants to SkillNet that User shall not use this SkillNet Platform for any purpose that is unlawful, unauthorized, or inconsistent with these terms, and the User agrees that this license to use SkillNet Platform will terminate immediately upon User's violation of this warranty. SkillNet reserves the right, at its sole discretion, to block/terminate User's access to this SkillNet Platform and its content at any time, with or without notice. The User agrees, acknowledges, confirms, and undertakes that the registration data, information/data provided or uploaded onto the SkillNet Platform by the User:
The Users are prohibited from engaging in the following activities:
4. Service Availability for User
Any of our services are subject to alteration, suspension, or termination. To the extent permitted by law, we may also adjust the advertising plans, pro plan rates prospectively with fair notice.
We make no guarantees regarding the storage or continued display of any data and content you've posted. You acknowledge that, unless otherwise required by applicable law or as described in our Privacy Policy, we are under no obligation to retain, maintain, or give you a copy of any content or information that you or others contribute.
5. Communications:
When you use the SkillNet Platform, you agree and understand that you are communicating with SkillNet through electronic records and you consent to receive communications via electronic records from SkillNet periodically and as and when required. SkillNet may communicate with you by email or by such other mode of communication, electronic or otherwise. You specifically agree that SkillNet shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received. Further, SkillNet will make its best efforts to safeguard the confidentiality of your personally identifiable information available with it, but transmissions made by means of the internet cannot be guaranteed or made absolutely secure. By using this SkillNet Platform, you agree that SkillNet shall not be liable for disclosure of your information due to errors in transmission or unauthorized acts of third parties. Without prejudice to the foregoing, you agree that SkillNet shall not be held liable or responsible for 'phishing attacks' on you. You may accept or decline the cookies when you access the SkillNet Platform. It is the User’s responsibility to set his browser to alert him to accept or to reject cookies.
6. Third-Party Links:
This SkillNet Platform may, at SkillNet sole discretion, contain links to SkillNet Platforms owned and maintained by persons or entities other than SkillNet. SkillNet may also provide links to the other sites for the purpose of enabling the Customer to make payments to SkillNet. Any of the foregoing links do not constitute an endorsement by SkillNet of any such sites and are provided only as a convenience. SkillNet is not responsible for the content or links displayed on such sites. SkillNet is not responsible for the privacy practices of such sites that SkillNet does not own, manage or control. SkillNet does not regularly review and makes no warranty or representation regarding materials posted, or Services or services offered, on the sites to which this SkillNet Platform may be linked and SkillNet shall not be responsible for any deficiency thereof. SkillNet does not endorse any or all of the materials, Services, and services available on such linked sites, and SkillNet expressly disclaims responsibility for the contents of any linked site, the accuracy of any information contained in a linked site, and the quality of the Services and services offered at any linked site. Any decision to view the contents of any linked site is solely the responsibility of the User and is made at User’s own risk.
7. Content by the Users:
Since, SkillNet provides information directory services through various mediums (E-Mail, Website, Social Media), your (“Users”) use any of the aforementioned mediums to post Reviews, Ratings, and Comments about the SkillNet services and also about the Pages listed at SkillNet is subject to additional terms and conditions as mentioned herein.
You are solely responsible for the content of any transmissions you make to the website or any transmissions you make to any mediums offered by SkillNet and any materials you add to the website or add to any mediums offered by SkillNet, including but not limited to transmissions like your Reviews, Ratings & Comments posted by you (the “Communications''). SkillNet does not endorse or accept any of your Communication as representative of their (SkillNet’s) views. By transmitting any public Communication to the website, you grant SkillNet an irrevocable, non-exclusive, worldwide, perpetual, unrestricted, royalty-free license (with the right to sublicense) to use, reproduce, distribute, publicly display, publicly perform, adapt, modify, edit, create derivative works from, incorporate into one or more compilations and reproduce and distribute such compilations, and otherwise exploit such Communications, in all Platforms now known or later developed. You confirm and warrant that you have the right to grant these rights to SkillNet. You hereby waive and grant to SkillNet all rights including intellectual property rights and also “moral rights” in your Communications, posted at SkillNet through any of the mediums of SkillNet. SkillNet is free to use all your Communications as per its requirements from time to time. You represent and warrant that you own or otherwise control all of the rights to the content that you post as Review, Rating, or Comments; that the content is accurate; that use of the content you supply does not violate these Terms and will not cause injury to any person or entity. For removal of doubts, it is clarified that the reference to Communications would also mean to include the reviews, ratings, and comments posted by your Friends tagged by you. Also, SkillNet reserves the right to mask or unmask your identity in respect of your Reviews, Ratings & Comments posted by you.
SkillNet has the right, but not the obligation to monitor and edit or remove any content posted by you as Review, Rating, or Comment. SkillNet cannot review all Communications made on and through any of the mediums of SkillNet. However, SkillNet reserves the right but has no obligation, to monitor and edit, modify or delete any Communications (or portions thereof) that SkillNet in its sole discretion deems inappropriate, offensive or contrary to any SkillNet policy, or that violates these terms:
SkillNet reserves the right not to upload or distribute to, or otherwise publish through the website or Forums any Communication which
It is also clarified that, if there are any issues or claims due to your posts by way of Reviews, Ratings, and Comments, then SkillNet reserves the right to take appropriate legal action against you. Further, you shall indemnify and protect SkillNet against such claims or damages or any issues, due to your posting of such Reviews, Ratings, and Comments. SkillNet takes no responsibility and assumes no liability for any content posted by you or any third party on the SkillNet site or on any mediums of SkillNet.
You further acknowledge that conduct prohibited in connection with your use of the Pages, Groups, and Forums includes, but is not limited to, breaching or attempting to breach the security of the website or any of the mediums of SkillNet.
8. Intellectual Property:
SkillNet Platform and the content posted herein which shall include but shall not be limited to pictures, branding, text, graphics, designs, brand logos, audio, video, interfaces and /or any other information, or the overall arrangement of content is protected and is owned, controlled or licensed by or to SkillNet; all comments, feedback, ideas, suggestions, information or any other content provided by the User(hereinafter referred to as “SkillNet IP”). You may not modify, publish, copy, transmit, transfer, sell, reproduce, modify, create derivative works from, license, distribute, frame, hyperlink, download, repost, perform, translate, mirror, display or commercially exploit SkillNet IP in any other way.
The User agrees that any feedback, comments, ideas, suggestions, information, or any other content that the User contributes to SkillNet or SkillNet Platform (including the name you submit with any content) will be deemed to include a royalty-free, perpetual, irrevocable, nonexclusive right and license for SkillNet to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on such content without additional approval or consideration in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you waive any claim to the contrary. The User represents and warrants that the User owns or otherwise controls all of the rights to the content that he/she may contribute to this SkillNet Platform and that use of his/her content by SkillNet shall not infringe upon or violate the rights of any third party.
9. Privacy
Please refer to the Privacy Policy which will also govern your use of SkillNet Platform and/or Services.
10. Indemnification
Without prejudice to and in addition to any other remedies, reliefs or legal recourses available to SkillNet herein or any applicable laws or otherwise, User agrees to indemnify, defend and hold SkillNet harmless including but not limited to its affiliate, agents and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by SkillNet that arise out of or related to your use or misuse of the of the Website, any violation by you of these terms and conditions, or any breach of representations, warranties and covenants made by you herein.
7. No Warranty:
The Services are provided by SkillNet on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, SkillNet makes no warranty that
(i) SkillNet Platform or the Services will meet your requirements or your use of the SkillNet Platform or will be uninterrupted, timely, secure or error-free;
(ii) the results that may be obtained from the use of the SkillNet Platform, or Services will be effective, accurate or reliable;
(iii) the quality of the SkillNet Platform, or Services will meet your expectations; or that
(iv) any errors or defects in the SkillNet Platform or Services will be corrected.
No advice or information, whether oral or written, obtained by you from SkillNet or through or from use of the SkillNet Platform shall create any warranty not expressly stated in the terms of use. SkillNet shall have no liability to the User for any interruption or delay, to access the SkillNet Platform irrespective of the cause.
SkillNet will be the first point of contact in respect of online payment dispute management, refunds, cancellations, returns and customer support as they relate to the use of SkillNet services. Users can reach out to SkillNet to mediate or resolve any online payment dispute or disagreement between Users and SkillNet. SkillNet shall not be made a party to any dispute between the User(s) and Third Party/Parties, except in disputes relating to SkillNet services as mentioned above.
8. Limitation of Liability
SkillNet shall not be liable for any damages of any kind whatsoever including but not limited to direct, indirect, incidental, punitive, exemplary and consequential damages, damages for loss of use, data or profits, or other intangible losses, which may arise or are arising from the use of this SkillNet Platform or any of the information, software, services and related graphics contained within the SkillNet Platform or any of the Services offered, regardless of whether such damages are based on contract, tort, negligence, strict liability or otherwise, and even if SkillNet has been advised of the possibility of damages.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN OR ELSEWHERE, SKILLNET’S ENTIRE LIABILITY TO THE USER FOR ANY CLAIM ARISING OUT OF AVAILING SKILLNET’S SERVICES/ BROWSING THE SKILLNET PLATFORM SHALL BE LIMITED TO THE AMOUNT EQUIVALENT TO THE PRICE PAID FOR THE PRODUCT AND SERVICES GIVING RISE TO SUCH CLAIM.
You hereby waive any and all claims, causes of action, or the rights to bring such claims or causes of action, arising out of or related to the site, communication, or these terms and conditions after one (1) year from the first occurrence of the kind of act, event, condition, or omission upon which the claim or cause of action is based. In an event, SkillNet is made liable to pay for losses, damages, etc. as mentioned above, under any law for the time being in force. SkillNet has a right to recover the same under such law from the fees/revenue to be remitted to the Partner and remit the balance to the Partner during the settlement process.
9. Disclaimer
We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions or materials, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Platforms.
Any use of the Platforms, reliance upon any Materials, and any use of the Internet generally shall be at your sole risk. SkillNet disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the search results in the Platforms.
The material and the platforms used to provide the material (including the website ) are provided “as is” and “as available” without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SkillNet disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the platforms and materials. SkillNet does not warrant that any defects or errors will be corrected, or that the content is free of viruses or other harmful components.
SkillNet disclaims any and all warranties to the fullest extent of the law, including any warranties for any information, goods, or services, obtained through, advertised or received through any links provided by or through the platforms some countries or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. You may also have other rights that vary from country to country and jurisdiction to jurisdiction.
9.1 Additional Disclaimer:
In no event shall SkillNet be liable to any user on account of such user’s use, misuse or reliance on the platforms for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if SkillNet are aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the platforms, the materials or the internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any platforms. SkillNet does not assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed on the platforms or other material accessible from the platforms.
The user of the platforms assumes all responsibility and risk for the use of this platform and the internet generally. The foregoing limitations shall apply notwithstanding any failure of the essential purpose of any limited remedy and to the fullest extent permitted under applicable law. Some countries do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such countries, liability is limited to the fullest extent permitted by law.
10. Modification of these Terms:
SkillNet reserves the right to modify these Terms at any time in accordance with this provision.
11. General Provisions
11.1 Governing Law and Jurisdiction: This Agreement, and all transactions entered into on or through SkillNet Platform shall be interpreted, construed, and governed by the laws of India which shall be applicable to this Agreement without regard to principles of conflict of laws. User agrees that all claims, differences and disputes arising under or in connection with or in relation hereto the SkillNet Platform, the terms or any transactions entered into on or through the SkillNet Platform or the relationship between User and SkillNet shall be subject to the exclusive jurisdiction of the courts at Bangalore and User hereby accede to and accept the jurisdiction of such courts.
Any failure, delay or forbearance on the part of SkillNet in:
(i) exercising any right, power or privilege under this Agreement; or
(ii) enforcing terms of this Agreement,
shall not operate as a waiver thereof, nor shall any single or partial exercise by SkillNet of any right, power or privilege preclude any other future exercise or enforcement thereof.
11.2 Severability: The Parties hereto agree that each of the provisions contained in this Agreement shall be severable, and the unenforceability of one or more provisions of this Agreement shall not affect the enforceability of any other provision(s) or of the remainder of this Agreement.
12. Contact
For more information or queries related to the Terms of Use you can contact us by email at info@skillnet.work