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Terms of Service
Welcome to Skillcept Online! We hope that you have a great experience using our Platform. These Terms and Conditions (“Terms and Conditions”) set out the terms and conditions for use of https://skillcept.online/ (the“Site”), the mobile application(s) (the “Application”) and any features, subdomains, content (except as specified hereunder), functionality, products, services (including the Services), media, applications, or solutions offered on or through the Site and/or the Application and/or through any modes, medium, platform or format, including through Secure Digital (‘SD’) cards, tablets or other storage/transmitting device (hereinafter collectively referred to as the “Platform”/ “Skillcept Online Platform”).
These Terms and Conditions apply to all users of the Platform, including without limitation, all persons who create and / or make available Content Provider Content (as defined under the ‘Intellectual Property’ section below) on the Platform (referred to as “Content Providers”) and users who access the Platform to learn a subject or a skill (referred to as “Learners”) or users who access the Platform otherwise (collectively referred to as “you”, “your”, or “User(s)”). These Terms and Conditions along with the Privacy Policy, Refund Policy, Cookies Policy, Pay After Placement Guidelines(Updated), User Guidelines and any other terms and conditions, rules, policies or guidelines included in these Terms and Conditions or Privacy Policy by reference and/or as updated on the Platform or otherwise communicated to you from time to time (including terms and conditions of other third party platforms that may be used or accessed for gaining access to the Platform or using the Services on the Platform (collectively referred to as the “Platform Term(s)”), defines the relationship between you and Skillcept Online, and they shall govern your use of the Platform and the Services (defined below) offered therein. Your access to the Platform is subject to your acceptance of the Platform Terms and such acceptance of the Platform Terms forms a legally binding agreement between you and Skillcept Online (“Agreement”). Hence, please take your time to read the Platform Terms in their entirety.
From time-to-time, updated versions of the Platform Terms may be made available as aforesaid for your reference. By visiting and accessing the Platform, providing your Personal Information (as defined in the Privacy Policy), using the Services offered or by otherwise signalling your agreement when the option is presented to you, you hereby expressly accept and agree to the Platform Terms. If you do not agree to any of the terms or do not wish to be bound by them, then please do not use the Platform in any manner.
When we speak of “Skillcept Online”, “we”, “us”, and “our”, we collectively mean Skillcept Online – a company incorporated in India and all of its affiliates which have license to host the Platform and offer Services. Kindly refer to the ‘About Skillcept Online and the Platform’ section of these Terms and Conditions to know which Skillcept Online entity your Agreement will be with.
All capitalized terms are defined/have the meaning assigned to it under these Terms and Conditions. In other words, if you find any word herein that has its first letter capitalized, then it means that we have explained the meaning such word has in the context of these Terms and Conditions and/or the Platform Terms; if not here, then it will be provided in the relevant Platform Terms – when we refer to any such term in these Terms and Conditions, we will try and specify where in the Platform Terms you can find the meaning/definition.
A. About Skillcept Online and the Platform
In India, the Platform is owned, managed, operated and offered by Skillcept Online, a company incorporated under the (Indian) Companies Act, 2013, having its registered office at 16th Cross, Neeladri Road, Electronic City Phase 1, Bangalore- 560100, India (“Skillcept Online India”). In any jurisdiction other than India, wherever Services are rendered through the Platform, the same is offered by Skillcept Online India and / or its affiliates (as relevant pursuant to appropriate intra group contractual arrangements). For knowing with which entity of Skillcept Online your Agreement will be, please refer the list in Annexure A below.
B. Platform Services
Skillcept Online Platform is an online service platform enabling Content Providers to create and offer content in various formats including without limitation audio visuals, audio, pre-recorded audio visuals, live audio visuals and/or in written form in a diverse range of categories through various modes and means (“Content Provider Content”) and publish and make available such Content Provider Content to the Learners. Skillcept Online acts as an intermediary between the Content Providers and Learners [in accordance with the Information Technology Act, 2000, or the Digital Millennium Copyright Act (as amended from time to time)] or other equivalent / similar legislations and makes available the Content Provider Content to the Learners, including through subscription offerings (refer to the Subscription Terms below to know more). Skillcept Online may also offer, either directly or indirectly (through other third-party platforms), other incidental and ancillary services which may include without limitation question banks, mock tests, doubt-solving solutions, Live Mentorship, live videos, contests, scholarships, webinars and events (physical and/or online) and facilitating discussion forums. Exclusive Skillcept Online will be provided only in Live Classes (Epic Subscription). Premium and Premium+ Content will be Content Provider Content and not Skillcept Online Exclusive Content.
Further, Skillcept Online may offer certain products/services to you in collaboration with one or more of the Skillcept Online Group Platforms (as defined under the Privacy Policy). In such cases, to the extent that such product/services are made available to you through the Platform, the Platform Terms shall continue to apply to you.
For the purpose of the Platform Terms, usage of the terms “Platform Services”/ “Services” shall mean and include all the services referred to in this section and such other products or services as may be offered by Skillcept Online.
You agree and acknowledge that Skillcept Online has no control over and assumes no responsibility for, the User-generated Content (as defined under the ‘Intellectual Property’ section below) and by using the Platform, you expressly relieve Skillcept Online from any and all liability arising from the User-generated Content.
You agree and acknowledge that Skillcept Online shall have the right at any time to change or discontinue any Service, product, aspect, or feature of the Platform, including without limitation to, the User-generated Content (to the extent it is permitted to, or required, by virtue of being an ‘intermediary’), its availability and Supported/Compatible device required to access or use the Services. Skillcept Online reserves the right to terminate your Subscription and / or restrict your access to the Platform, if you choose not to provide / partially provide the requested information.
C. Right to Access and Account Creation
As a Learner, to access the Platform and use certain Services, you will be required to register and create an account on the Platform by providing the requested details.
To register on the Skillcept Online Platform you must meet the ‘Age Requirements’ specified hereinbelow. By using the Skillcept Online Platform, you, through your actions, affirm that the Age Requirements are met.
You can register on the Platform for free however, certain Services offered on the Platform may be chargeable. Please review the Service offerings on our Site or Application(s). You are not obligated to purchase any product or use any Service offered on the Platform.
Age Requirements to register and use on the Platform (“Age Requirements”):
A Learner who does not fulfill the Age Requirements mentioned above (as may be revised as per applicable laws from time to time) and is desirous of registering on the Platform i.e., if a Learner is a “Minor”/ “Child”, then the Learner may use the Platform with the consent of, and under the supervision of, their parent or legal guardian (“Parent”). Accordingly, in such a case, the Parent must agree to the Platform at the time of their registration on the Platform. Please note that minors/children are not by themselves eligible to register on the Platform.
Skillcept Online reserves the right to terminate your Subscription and / or restrict your access to the Platform, if it is discovered that you do not meet the Age Requirements and/or the consent to register and use the Platform is not obtained as above. You acknowledge that Skillcept Online does not have the responsibility to ensure that You conform to the aforesaid Age Requirements. It shall be Your sole responsibility to ensure that the required qualifications are met.
If you are a Content Provider, your access and use of the Platform may additionally be subject to separate agreement(s) with Skillcept Online and shall be collectively governed by the terms of such agreement, the Terms and Conditions, other Platform Terms, and such other terms as may be communicated or agreed with the Content Provider from time to time.
Further, the permission given by Skillcept Online to access and use the Platform under these Terms and Conditions is subject to the following conditions:
You are responsible for maintaining the confidentiality of your account and password to access the Platform. You acknowledge that your account is personal to you and agree not to provide any other person with access to the Platform and to restrict access to your device to prevent any unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your username, password, or other Personal Information. You should take all necessary steps to ensure that the password is kept confidential and secure at all times, and if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner, you agree to immediately change your password or inform us of any unauthorized access to or use of your username or password, so that we are able to help you stop or prevent such unauthorized access. Please ensure that the details you provide us are correct and complete.
You represent that the information provided by you at the time of the registration are correct, true and accurate, and you agree to update the same as and when there is any change in the said information. Please read our Privacy Policy to understand how we handle your information.
Please note that we reserve the right to reject or put on-hold your registration on the Platform as may be required to comply with any legal and regulatory provisions, and also reserve the right to refuse access to the Platform, terminate accounts, remove content at any time without providing any notice to you, and/or reserve the right to disable any account, feature, or identifiers, whether chosen by you or provided by us, at any time if, in our opinion, the said identifiers or you have violated any provision of the Platform Terms.
Further, to access the Platform, create, publish and/or view the User-generated 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 and/or avail the Services 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 our system/software to use the Platform and avail the Services offered therein.
D. Subscription terms
For Learners, Skillcept Online does not charge any fee for registration and account creation. However, certain Services offered by Skillcept Online may be chargeable. Accordingly, access to certain Services and features is offered by Skillcept Online through a multi- tiered paid subscription plan(s) or purchases; the details of the Services and applicable features along with their corresponding prices can be found on our Site and/or Application (“Subscription”/ “Subscription Service”). You can purchase Subscriptions by following the instructions you encounter as you navigate through the Platform.
The terms that are applicable to Your purchase of Subscription(s) –
E. Pricing, Payments and Refunds
Please read the below terms applicable for the purchase of your Platform Subscription. The below terms are to be read with any other terms communicated to you at the time of purchase of your Subscription:
Third-Party Service Providers may also charge you fees to use or access their services and may require your Personal Information to complete any transaction for the Platform. Further, to facilitate completion of your payments to us through the Platform or avail the payment options provided to you, you may be redirected to an external website operated by the Third-Party Service Provider. We cannot and do not (i) guarantee the adequacy of the privacy and security practices employed by or the content and media provided by the Third-Party Service Provider or its respective websites or (ii) control collection or use of your Personal Information by such Third-Party Service Provider. Hence, prior to using any services offered by a Third-Party Service Provider, we suggest that you read their terms and conditions, privacy policy and other policies, that may apply, to understand their terms of usage and to understand how your Personal information is being processed. Skillcept Online is not affiliated to any Third-Party Service Provider and neither Skillcept Online nor any of the Third-Party Service Provider are agents or employees of the other.
Further, pursuant to the payment option you may choose, you may be required to enter into a separate agreement with the relevant Third-Party Service Provider. This agreement with the Third-Party Service Provider is an independent contract/agreement between you and such Third-Party Service Provider and Skillcept Online shall in no manner be a party to the same. Skillcept Online is only facilitating various payment options to you and is not offering the payment by itself in any manner.
When you cancel your Subscription, Skillcept Online may disable access to features made available to you upon your purchase of Subscription, while your account may continue to exist on the Platform.
F. Use of the Platform
Subject to the Platform Terms, Skillcept Online hereby grants you a non- exclusive, non-transferable, non-sublicensable, limited license to access and use the Skillcept Online Platform for your own personal, non-commercial and private use on an ‘as is’ basis in accordance with these Terms and Conditions and other Platform Terms.
Subject to payment of the Subscription fee, and your compliance (as a Learner) with all Platform Terms, Skillcept Online and the Content Providers grant you (as a Learner) a non- exclusive, non-transferable, non-sublicensable, limited license, during the applicable Subscription Period, to access and view the content you have subscribed to and attend live videos in association with your Subscription, for personal, non-commercial, private use only, in accordance with the Platform Terms. We may automatically remove your access to the content from your Compatible Device after the end of the Subscription Period or in accordance with any restriction mentioned in the Platform Terms.
If you are a Content Provider, Skillcept Online grants you a limited, non-exclusive, non- transferable, non-sublicensable license to access and use the Platform for Your own personal and commercial use in accordance with these Platform Terms and any other agreement(s) that may be executed between you (as a Content Provider) and Skillcept Online (as applicable). Except as expressly permitted by Skillcept Online under these Platform Terms or otherwise in writing to you, you will not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).
Except as expressly permitted under any of the Platform Terms or otherwise in writing, you will not reproduce, duplicate, copy, sell, redistribute, create derivative works or otherwise exploit the Platform or any portion of the Platform (including but not limited to any copyrighted material, trademarks, or other proprietary information).
G. Content and Conduct
H. Communications
If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), then you may delete your account by either writing to us at the email address provided under ‘Contact for User Support/Queries ‘section below by using the option enabled within the Platform; and
I. Processing of Personal Information
All our collection, processing, sharing and storing of any Personal Information collected from you shall be in accordance with our Privacy Policy. Kindly read the same to understand the security measured undertaken by Skillcept Online to safeguard your Personal Information. Should have any queries in respect of the same, please feel free to right to us at info@skillcept.online
J. Intellectual Property and License to User-generated Content
User-generated Content: You shall remain the sole owner of any content uploaded or published or submitted or posted by you on the Platform, including without limitation, the content published by you as a Content Provider and/or any text, image, media, written statements or other content posted or published by a User anywhere on the Platform including without limitations in the comments section (“User-generated Content”)and Skillcept Online does not claim any ownership over any User-generated Content uploaded/published by any User on the Platform.
By submitting the User-generated Content on the Platform, you hereby grant Skillcept Online a limited, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, share, display, publish, retain, make available online and/or electronically transmit such User-generated Content as well as technical information collected via the Platform to the extent necessary (i) to provide the Platform and our Services; (ii) to perform our obligations under the Platform Terms and other written agreement with the User; (iii) to provide, monitor, correct, and improve the Platform and Services related thereto; (iv) for the Skillcept Online Platform and Skillcept Online’s (and its successors’, subsidiaries and affiliates’) business, including without limitation for promoting and redistributing part or all of the Skillcept Online Platform in any media formats and through any media channels; (v) to de-identify User data such that there is no reasonable basis to believe that the information can be used, alone, or in combination with other reasonably available information, to identify any individual or to identify User as the source of such data; (vi) to aggregate User data with other data; and (vii) to comply with applicable laws. However, please note that we will never disclose aggregated or de-identified information in a manner that could identify you as an individual, and all your information shall be processed in accordance with out Privacy Policy.
You also hereby grant each User of the Platform a limited, non-exclusive license to access your User-generated Content through the Platform.
Skillcept Online Content: Skillcept Online and / or its affiliates own all information and materials (in whatever form or media) provided or communicated to you by or on behalf of Skillcept Online including but not limited to, the Platform, 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 Skillcept Online and / or its affiliates, the underlying source and object code, instructions embedded in any form of digital documents and other data, information, or material made available to you by Skillcept Online (“Skillcept Online Content”). Skillcept Online Content specifically excludes any content uploaded by the Users, including without limitation, any User-generated Content on the Platform. Skillcept Online Content, including its trademarks, will not be used, modified, or altered by you in any way. You acknowledge and agree that you do not acquire any ownership or rights to the Skillcept Online Content or the Platform by use of the Platform. You acknowledge and agree that the Skillcept Online Content is protected by the copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws and any unauthorize use, reproduction, modification, distribution, transmission, republication, display or performance of the Skillcept Online Content and any component thereof is strictly prohibited.
You confirm and undertake not to utilize any data mining tools, robots, or similar data gathering and extraction tools to extract for re-utilization of any substantial parts of this Platform, without Skillcept Online’s express prior written consent
K. Feedback
If any User(s) submits suggestions, ideas, comments, or questions containing product feedback about the Platform or any of the Services, either through the Platform or otherwise (“Feedback”), then such User(s) grants Skillcept Online and its affiliates 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. Users shall have no intellectual property right in the Platform as a result of Skillcept Online’s incorporation of their Feedback in the Platform.
L. Copyright, Trademarks, and other Intellectual Property Rights
At Skillcept Online, we respect the intellectual property of others just as much ours and, hence, if you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement of your intellectual property (including your copyrights and trademarks), then kindly write to us at legal@skillcept.online with complete details as required under Takedown Policy. If Skillcept Online has knowledge of or has any reason to believe that any User-generated Content on the Platform violates the intellectual property rights of Skillcept Online or other Users, then we reserve the right to remove access to such content in accordance with takedown practices specified in Takedown Policy.
If Skillcept Online has knowledge of or has any reason to believe that any User-generated Content on the Platform violates the intellectual property rights of Skillcept Online or other Users, then we reserve the right to remove access to such content in accordance with takedown practices specified in Takedown Policy.
M. Claims Against User-generated Content
Skillcept Online does not monitor or have any control over or does not warrant, and makes no claim or representation regarding the accuracy, completeness, or usefulness of any User-generated Content provided on the Platform by its Users and accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, such User-generated Content. Skillcept Online disclaims all liability and responsibility arising from any reliance placed on such materials by you. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Skillcept Online Content, are solely the responsibility of the User providing those materials
N. Skillcept Online’s Rights
In respect of the entire Platform, Skillcept Online reserves the following rights:
O. Platform Availability
Your access to the Platform may occasionally be suspended or restricted to allow for repairs, maintenance, or due to the introduction of new facilities or services at any time without prior notice. We will attempt to limit the frequency and duration of any such suspension or restriction. You agree that Skillcept Online will not be liable for any losses that may be incurred by you if for any reason all or part of the Platform is unavailable at any time or for any period for use.
P. Deletion of Account
As a Learner, you may delete your account at any time by either writing to us at the email address provided under ‘Contact for User Support/Queries’ section below or by using the delete option provided within your account on the Platform (if available). If your account is deleted (regardless of the reason), you will no longer has access to your account on the Platform and your User-generated Content may no longer be available; any deletion once processed is irrecoverable. Skillcept Online is not responsible for the loss of your information and/or User-generated Content upon deletion and Skillcept Online shall not be liable to any party in any way for the inability to access User-generated Content arising from any deletion. Please note that all accounts will remain active unless you explicitly ask us to delete it, and applicable Subscription payments shall continue to be deducted until cancelled by you or until your account is deleted on your request (as stated in the ‘Pricing and Payments’ section above) or otherwise terminated in accordance with the Platform Terms
Please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on the Platform, however, we shall anonymize your Personal Information (as defined in the Privacy Policy) in such a way that you can no longer be identified as an individual in association with such information made available by you on the Platform. We will never disclose aggregated or de-identified information in a manner that could identify you as an individual.
If you are a Content Provider, your access and use of the Platform may be subject to a separate agreement with Skillcept Online and shall be collectively governed by the terms of such agreement, the Terms and Conditions and other Platform Terms.
Q. Disclaimer:
YOU AGREE THAT THE PLATFORM, CONTENT, AND ALL MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOUR USE OF THE PLATFORM SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SKILLCEPT ONLINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM AND EXCLUDE ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE PLATFORM AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMITTED BY LAW, SKILLCEPT ONLINE EXCLUDES ALL WARRANTIES, CONDITIONS, TERMS OR REPRESENTATIONS ABOUT THE ACCURACY, SECURITY, RELIABILITY, QUALITY, AVAILABILITY OR COMPLETENESS OF THE PLATFORM, USER-GENERATED CONTENT ON THE PLATFORM, OR THE CONTENT OF ANY SITES SO LINKED AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER-GENERATED CONTENT OR ANY CONTENT ON THE PLATFORM, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER- GENERATED CONTENT OR ANY OTHER CONTENT THAT IS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE PLATFORM AS SKILLCEPT ONLINE IS STRICTLY AN INTERMEDIARY AS UNDER THE INFORMATION TECHNOLOGY ACT, 2000. SKILLCEPT ONLINE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY USER- GENERATED CONTENT OR THE PLATFORM ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SKILLCEPT ONLINE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF USER-GENERATED CONTENT OR SERVICES. AS WITH THE PURCHASE OF A SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
R. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SKILLCEPT ONLINE, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER-GENERATED CONTENT OR ANY OTHER CONTENT AVAILABLE AT SKILLCEPT ONLINE, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SKILLCEPT ONLINE PLATFORMS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SKILLCEPT ONLINE PLATFORM, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SKILLCEPT ONLINE PLATFORMS BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY USER-GENERATED CONTENT OR ANY OTHER CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SKILLCEPT ONLINE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SKILLCEPT ONLINE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, SKILLCEPT ONLINE AND ITS AFFILIATES LIMIT THEIR LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO SUPPLYING YOU THE SKILLCEPT ONLINE PLATFORM AGAIN.
YOU SPECIFICALLY ACKNOWLEDGE THAT SKILLCEPT ONLINE SHALL NOT BE LIABLE FOR USER- GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SKILLCEPT ONLINE PLATFORM IS CONTROLLED AND OFFERED BY SKILLCEPT ONLINE AND / OR ITS AFFILIATES DEPENDING UPON YOUR JURISDICTION. SKILLCEPT ONLINE MAKES NO REPRESENTATIONS THAT THE SKILLCEPT ONLINE PLATFORM IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SKILLCEPT ONLINE PLATFORM FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.
S. Indemnity and Release
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Skillcept Online, its affiliates, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Skillcept Online Platform; (ii) your violation of any term of the Platform Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your User-generated Content caused damage to a third party; or (v) violation of any applicable laws. This defense and indemnification obligation will survive these Terms and Conditions and your use of the Skillcept Online Platform.
You hereby expressly release Skillcept Online, its affiliates and any of their respective officers, directors, employees and agents from any cost, damage, liability or other consequence of any of the actions/inactions of any third-party vendors or service providers and specifically waive any claims or demands that you may have in this behalf against any of Skillcept Online, its affiliates and any of their respective officers, directors, employees and agents under any statute, contract or otherwise.
T. OFAC (Office of Foreign Asset Control)
You represent and warrant that you are not, nor are you owned or controlled directly or indirectly by, any person, group, entity or nation named on any list issued by the Department of the Treasury’s Office of Foreign Asset Control(“OFAC” ), or any similar list or by any law, order, rule or regulation or any Executive Order of the President of the United States, including Executive Order 13224, as a “Specially Designated National and Blocked Person”, terrorist, or other banned or blocked person (any such person, group, entity or nation being hereinafter referred to as a(“Prohibited Person”); (ii) you are not (nor are you owned or controlled, directly or indirectly, by any person, group, entity or nation which is) acting directly or indirectly for or on behalf of any Prohibited Person; (iii) you (and any person, group, or entity which you control, directly or indirectly) have not conducted nor will conduct business nor have engaged nor will engage in any transaction or dealing with any Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation, including, without limitation, the making or receiving of any contribution of funds, good or services to or for the benefit of a Prohibited Person in violation of the U.S. Patriot Act or any OFAC rule or regulation; (iv) you are not prohibited by any sanctions program as maintained by OFAC from transacting with Skillcept Online, including those sanctions programs currently in effect with respect to Cuba, Iran, North Korea, Syria, Venezuela, or Crimea. In connection with the foregoing, it is expressly understood and agreed that the representations and warranties contained in this subsection shall be continuing in nature.
U. California Civil Code Section 1789.3
Californian Users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, Suite 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.
V. Applicable Law and Jurisdiction
The applicable law and jurisdiction is dependent upon which entity forming part of the Skillcept Online group is offering you the Platform and the Services, which in turn is dependent upon the Subscription chosen by you. Illustratively, Services provisioned in respect of Subscriptions pertaining to India, Skillcept Online India shall be the entity rendering the Services and, accordingly, the Agreement shall be governed by and construed in accordance with the laws of India; and you agree, as we do, to submit to the exclusive jurisdiction of the courts at Bangalore, Karnataka, India. Similarly, Services in respect of Subscriptions pertaining to US shall be rendered by Skillcept Online Inc. and, accordingly, in such cases, the Agreement shall be governed by and construed in accordance with the laws of State of Delaware, U.S.A. and you agree, as we do, to submit to the exclusive jurisdiction of the courts at State of Delaware, U.S.A.
W. General Provisions:
X. Contact for User Support/Queries
For queries relating to Services offered by Skillcept Online India, please write to us at info@skillcept.online. Similarly, for queries relating to Services offered by other Skillcept Online group entity (refer to Annexure A), please write to us at info@skillcept.online
Y. Consumer Grievance
Nodal Officer Details –
Contact: legal@skillcept.online
Grievance Officer Details –
Contact: consumergrievance@skillcept.online
Z. Contact Us
If you have concerns or queries regarding the Platform Terms, you may write to us by email at legal@skillcept.online
Skillcept Online
16th Cross, Neeladri Road
Electronic City Phase 1
Bengaluru, India 560100
Annexure A
All Services offered on the Platform other than those offered under the ‘International Goals’ section on the Platform are provisioned by Skillcept Online, 16th Cross, Neeladri Road, Electronic City Phase 1Bengaluru, India 560100
All Services offered on the Platform under the ‘International Goals’ section on the Platform are provisioned by Skillcept Online,3334 South Dupont Hwy, Dover, Kent, DE 19901.
Privacy Policy
A. General
In addition to our Terms and conditions Service, Skillcept Online respects your privacy and is committed to protecting it. This Privacy Policy (the “Policy”) explains the types of information collected by Skillcept Online when you use the Platform (as defined in Terms and conditions) that references this Policy, how we collect, use, share and store such information collected and also explains the rationale for collection of such information, the privacy rights and choices you have regarding your information submitted to us when you use the Services.
For ease of reference, use of the terms “Skillcept Online”, “Skillcept”, “we”, “us, and/or “our” refer to Skillcept Online– a company incorporated in India and all of its affiliates which have license to host the Platform and offer Services. Similarly, use of the terms “you”, “yours” and/or “User(s)” refer to all users of the Platform and includes all Learners and Content Providers (as more particularly defined under our Terms and conditions).
The Services are governed by this Policy, Terms and conditions, and any other rules, policies or guidelines published on the Platform as applicable to you. Please read this Policy carefully prior to accessing our Platform and using the Services. By accessing and using the Platform, providing your Personal Information (defined below), or by otherwise signalling your agreement when the option is presented to you, you consent to the collection, use, disclosure, sharing and storing of information described in this Policy, Terms of Service and any other rules, policies or guidelines published on the Platform as applicable to you (collectively referred to as the “Platform Terms”), and Skillcept Online disclaims all the liabilities arising therefrom. If you have inadvertently submitted any Personal Information to Skillcept Online prior to reading this Policy statements set out herein, or you do not agree with the way your Personal Information is collected, stored, or used, then you may access, modify and/or delete your Personal Information in accordance with this Policy (refer to the sections about Your Choices and Your Rights).
If any information you have provided or uploaded on the Platform violates the Platform Terms, Skillcept Online may be required to delete such information upon informing you of the same and revoke your access to the Platform if required.
Capitalized terms used but not defined in this Policy can be found in our Terms and conditions.
If you have any questions about this Policy, please contact us at info@skillcept.online
B. Applicability
This Policy applies to all Users of the Platform.
Skillcept Online owns and/or manages several platforms (other than the Platform) that offer a range of services including services related to technology solutions in the space of education, either by itself or through its affiliates and subsidiaries (“Skillcept Online Group Platforms”). Each of the Skillcept Online Group Platforms have published their own privacy policies. Accordingly, this Policy does not apply to information collected through the Skillcept Online Group Platforms and only applies to the collection of your information through the Platform. Please visit the relevant Skillcept Online Group Platform to know the privacy practices undertaken by them.
Skillcept Online has taken reasonable precautions as per applicable laws and implemented industry standards to treat Personal Information as confidential and to protect it from unauthorized access, improper use or disclosure, modification and unlawful destruction or accidental loss of the Personal Information.
C. Access
You may be allowed to access and view the Platform as a guest and without creating an account on the Platform or providing any Personal Information; Skillcept Online does not validate or takes no responsibility towards information, if any, provided by you as a guest, except as otherwise required under any law, regulation, or an order of competent authority. However, to have access to all the features and benefits on our Platform, you are required to first create an account on our Platform. To create an account, you are required to provide certain Personal Information as may be required during the time of registration and all other information requested on the registration page, including the ability to receive promotional offers from Skillcept Online, is optional. Skillcept Online may, in future, include other optional requests for information from you to help Skillcept Online to customize the Platform to deliver personalized information to you. Skillcept Online may keep records of telephone calls or emails received from or made by you for making enquiries, feedback, or other purposes for the purpose of rendering Services effectively and efficiently.
D. Use of the Platform/Services by Children
As stated in our Terms and conditions, to register on the Platform you must meet the ‘Age Requirements’ (as defined in our Terms and conditions). If you are a “Minor” or “Child” i.e., an individual who does not meet the Age Requirements, then you may not register on the Platform, and only your Parent (defined below) can register on the Platform on your behalf, agree to all Platform Terms and enable access to you under their guidance and supervision.
While some of our Services may require collection of a Child’s Personal Information, we do not knowingly collect such Personal Information from a Child and assume that information has been provided with consent of the Parent as per our parental consent system. If you are a Parent and you are aware that your Child has provided us with any Personal Information without your consent, please contact us at info@skillcept.online. If we become aware that we have collected Personal Information from a Child in the absence of consent of the Parent, we will take steps to remove such information from our servers.
The information in the relevant parts of this notice applies to Children as well as adults. If your Child faces any form of abuse or harassment while availing our Services, you must write to us at legal@skillcept.online, so that necessary actions could be considered.
E. Controllers
Skillcept Online is the controller of Personal Information that it collects and processes in connection with the use of the Platform and the provision of the Services on the Platform. The kind of Personal Information we collect in connection with such use is detailed below.
F. Personal Information
“Personal Information” shall mean the information which identifies a User i.e., first and last name, identification number, email address, age, gender, location, photograph and/or phone number provided at the time of registration or any time thereafter on the Platform.
“Sensitive Personal Information” shall include (i) passwords and financial data (except the truncated last four digits of credit/debit card), (ii) health data, (iii) official identifier (such as biometric data, aadhar number, social security number, driver’s license, passport, etc.,), (iv) information about sexual life, sexual identifier, race, ethnicity, political or religious belief or affiliation, (v) account details and passwords, or (vi) other data/information categorized as ‘sensitive personal data’ or ‘special categories of data’ under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, General Data Protection Regulation (GDPR) and / or the California Consumer Privacy Act (CCPA) (“Data Protection Laws”) and in context of this Policy or other equivalent / similar legislations.
Usage of the term ‘Personal Information’ shall include ‘Sensitive Personal Information’ as may be applicable to the context of its usage.
We request you to not provide Skillcept Online with any Personal Information unless specifically requested by us. In the event you share with Skillcept Online any Personal Information without us having specifically requested for the same, then we bear no liability in respect of such Personal Information provided by you.
G. Information We Collect
We only collect information about you if we have a reason to do so — for example, to provide our Services on the Platform, to communicate with you, or to make our Services better.
We collect this information from the following sources:
We might receive and collect information about you from other sources in the course of their services to us or from a publicly available sources, as permitted by law, which we may combine with other information we receive from or about you. For example, we may receive information about you from a social media site or a Google service if you connect to the Services through that site or if you use the Google sign-in.
H. Basis of Collection and Processing of Your Personal Information
We collect and process your Personal Information based on the following legal parameters depending upon the nature of Personal Information and the purposes for which it is processed:
We may process your Personal Information in connection with any of the purposes and uses set out in this Policy on one or more of the following legal grounds:
We do not use Personal Information for making any automated decisions affecting or creating profiles other than what is described in this Policy.
Where the processing of your Personal Information is based on your consent, you have the right to withdraw your consent at any point in time in accordance with this Policy. Please note that should the withdrawal of consent result in us not being able to continue offering our Services to you, we reserve the right to withdraw or cease from offering our Services to you upon your consent withdrawal. You may withdraw consent by contacting us with a written request to the contact details provided in the ‘Grievances’ section below. Upon receipt of your request to withdraw your consent, the consequences of withdrawal may be communicated to you. Upon your agreement to the same, your request for withdrawal will be processed.
I. How we Use and Share the Information Collected
To provide Services on our Platform: We use your information as collected by us to allow you to access the Platform and the Services offered therein, including without limitation to set-up and maintain your account, provide customer service, fulfil purchases through the Platform, verify User information and to resolve any glitches with our Platform. The legal basis for this processing is consent or, where applicable, our legitimate interests in the proper administration of our Platform, and/or the performance of a contract between you and us.
J. Cross-Border Data Transfer
Your information including any Personal Information is stored, processed, and transferred in and to the Amazon Web Service (AWS) servers and databases located in Singapore, India and the USA. Skillcept Online may also store, process, and transfer information in and to servers in other countries depending on the location of its affiliates and service providers.
Please note that these countries may have differing (and potentially less stringent) privacy laws and that Personal Information can become subject to the laws and disclosure requirements of such countries, including disclosure to governmental bodies, regulatory agencies, and private persons, as a result of applicable governmental or regulatory inquiry, court order or other similar process.
If you use our Platform from outside India, including in the USA, EU, EEA, and UK, your information may be transferred to, stored, and processed in India. By accessing our Platform or otherwise giving us information, you consent to the transfer of information to India and other countries outside your country of residence. If you are located in the EU and applicable law specifies relevant legal grounds for processing personal data, the legal grounds for our processing activities are to perform our contract(s) with you; to meet our legal obligations; and for our legitimate business purposes, including to improve our operation and Services and to detect and prevent fraud.
We rely on legal bases to transfer information outside the EU, EEA and UK, and any Personal Information that we transfer will be protected in accordance with this Policy as well as with adequate protections in place in compliance with applicable Data Protection Laws and regulations.
K. Duration for which your Information is Stored
Mostly, when you delete any of the information provided by you or when you delete your account, on the Platform, the same will be deleted from our servers too. However, in certain cases, we will retain your information for as long as it is required for us to retain for the purposes stated hereinabove, including for the purpose of complying with legal obligation or business compliances.
Further, please note that we may not be able to delete all communications or photos, files, or other documents publicly made available by you on the Platform (for example: comments, feedback, etc.), however, we shall anonymize your Personal Information in such a way that you can no longer be identified as an individual in association with such information made available by you on the Platform. We will never disclose aggregated or de-identified information in a manner that could identify you as an individual.
Note: If you wish to exercise any of your rights (as specified in ‘Your Rights’ section below) to access, modify and delete any or all information stored about you, then you may do so by using the options provided within the Platform. You can always write to us at info@skillcept.online for any clarifications needed.
L. Your Choices
M. Your Rights
N. Information Security
We work to protect the security of your information during transmission by using Transport Layer Security (TLS) or Secure Sockets Layer (SSL) software (depending on your browser/Supported Device), which encrypts information you input in addition to maintaining security of your information as required under applicable laws.
O. Promotional Communications
You will always have the option to opt out of receiving some or all of our promotional communications through the setting provided within the Platform upon your login, by using the unsubscribe link in any email communications sent to you or by emailing support@skillcept.online
If you opt out of promotional communications, we may still send you transactional communications, such as service announcements, administrative and legal notices, and information about your account, without offering you the opportunity to opt out of these communications. If you no longer wish to use our Platform or receive any communications from us (except for those that are legally required), then you may delete your account by using the option enabled within the Platform or by writing to us at info@skillcept.online.
Advertisers or ad companies working on their behalf sometimes use technology to serve the ads that appear on our sites directly to Your browser. They automatically receive Your IP address when this happens. They may also use cookies to measure the effectiveness of their ads and to personalize ad content. We do not have access to or control over cookies or other features that advertisers and third-party sites may use, and the information practices of these advertisers and third-party websites are not covered by our Policy. Please contact them directly for more information about their privacy practices.
Please note that opting out of promotional email communications only affects future communications from us. If we have already provided your information to a third party (as stated in this Policy) before you changed your preferences or updated your information, you may have to change your preferences directly with that third party.
We do not sell your Personal Information to third parties, and we do not use your name or name of your company in marketing statements without your consent.
P. Interest-Based Ads
On unaffiliated sites, Skillcept Online may display interest-based advertising using information you make available to us when you interact with our Platform and Services. Interest-based ads, also sometimes referred to as personalised or targeted ads, are displayed to you based on information from activities such as registering with our Platform, visiting sites that contain Skillcept Online content or ads. In providing interest-based ads, we follow applicable laws, as well as the Code for Self-Regulation in Advertising by the Advertising Standards Council of India and the Self-Regulatory Principles for Online Behavioural Advertising developed by the Digital Advertising Alliance (a coalition of marketing, online advertising, and consumer advocacy organizations) and other rules and guidelines issued by the Federal Trade Commission in respect of digital advertising.
We do not provide any Personal Information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may assume that users who interact with or click on a personalised ad or content are part of the group that the ad or content is directed towards. Also, some third-parties may provide us information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that we may use to provide you more relevant and useful advertising.
Advertisers or ad companies working on their behalf sometimes use technology to serve the ads that appear on our sites directly to your browser. They automatically receive your IP address when this happens. They may also use cookies to measure the effectiveness of their ads and to personalise ad content. We do not have access to or control over cookies or other features that advertisers and third-party sites may use, and the information practices of these advertisers and third-party websites are not covered by our Policy. Please contact them directly for more information about their privacy practices.
Q. Modification to Privacy Policy
Our business changes constantly and our Policy may change from time to time. We may, at our discretion (unless required by applicable laws to mandatorily do so), email periodic reminders of our notices and conditions, unless you have instructed us not to, but we encourage you to check our Platform frequently to see the recent changes. Unless stated otherwise, our current Policy applies to all information that we have about you and your account. We stand behind the promises we make, however, and will not materially change our policies and practices making them less protective of customer information collected in the past without your consent.
R. GRIEVANCES
If you have any questions about this Policy, wish to exercise your rights, concerns about privacy or grievances at Platform, please register your complaint with a thorough description via email to info@skillcept.online addressed to our grievance officer Mr. Tony Mathew (Associate General Counsel) or via a registered post to the below address-
Skillcept Online
16th Cross, Neeladri Road
Electronic City Phase 1
Bengaluru, India 560100
S. Country Specific Additional Privacy Terms
We collect and process Personal Information about you only where we have a legal rationale to do so. Specific legal rationale applied for the same will depend on the type of Personal Information collected and the context in which the same is being processed, including the Services involved.
The above rights, the manner in which you can exercise the same and the category of and the manner in which we collect your information, are detailed below.
T. CCPA NOTICE AT COLLECTION
For purposes of the CCPA, in collecting the information described above, we collect the categories of Personal Information listed below from you:
U. CCPA DATA PRACTICES DURING THE LAST 12 MONTHS
We have disclosed each category of Personal Information to the following categories of third parties: (1) corporate parents, subsidiaries, and affiliates; (2) advisors (accountants, attorneys); (3) service providers (data analytics, data storage, mailing, marketing, website and platform administration, technical support); and (4) operating systems and platforms.
V. CONSUMER RIGHTS AND REQUESTS UNDER THE CCPA
The CCPA gives consumers the right to request that we (1) disclose what Personal Information we collect, use, disclose, and sell, and (2) delete certain Personal Information that we have collected or maintained. you may submit these requests to us as described below, and we honor these rights where they apply.
If a request is submitted in a manner that is not one of the designated methods for submission, or if the request is deficient in some manner unrelated to our verification process, we will either (i) treat the request as if it had been submitted in accordance with the designated manner, or (ii) provide you with specific directions on how to submit the request or remedy any deficiencies with the request, as applicable.
If we cannot verify the identity of the person making a request for categories of Personal Information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our Privacy Policy.
If we cannot verify the identity of the person making a request to delete, we may deny the request. If there is no reasonable method by which we can verify the identity of the requestor to the degree of certainty required, we will state this in our response and explain why we have no reasonable method by which we can verify the identity of the requestor.
If we cannot verify the identity of the person making a request for categories of Personal Information, we may deny the request. If the request is denied in whole or in part for this reason, we will provide a copy of, or direct you to, our Privacy Policy.
Authorized Agents: Authorized agents may submit requests via the methods identified in this Policy. If you use an authorized agent to submit a request to know or a request to delete, we may require you to: (1) provide the authorized agent with signed permission to do so; (2) verify your identity directly with us; and (3) directly confirm with us that you provided the authorized agent permission to submit the request. However, we will not require these actions if you have provided the authorized agent with power of attorney pursuant to the California Probate Code.
Excessive Requests: If requests from a User are manifestly unfounded or excessive, in particular because of their repetitive character, we may either (1) charge a reasonable fee, or (2) refuse to act on the request and notify the User of the reason for refusing the request. If we charge a fee, the amount will be based upon the administrative costs of providing the information or communication or taking the action requested.
CCPA Non-Discrimination: You have the right not to receive discriminatory treatment by us due to your exercise of the rights provided by the CCPA. We do not offer financial incentives and price or service differences, and we do not discriminate against Users/consumers for exercising their rights under the CCPA.