If for any reason, you are unable or unwilling to agree to all our Terms, please immediately stop using or attempting to use the Site, because if you continue you will be agreeing to everything contained within these Terms.
We may make changes to these Terms from time to time. When we do, we will revise the “last updated” date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Site after such changes have been published to these Terms will constitute your acceptance of such revised Terms.
Subject to these Terms, we grant to you a limited, non-exclusive, non-transferable license to use our Site for your internal use and not for resale or further distribution. Your right to use our Site is limited by all terms and conditions set forth in these Terms. Except for your pre-existing rights and this license granted to you, we and our licensors retain all right, title and interest in and to our Site, including all related intellectual property rights. Our Site including our services are protected by applicable intellectual property laws.
Access to our Services
We do not provide you with the equipment to access our Site. You are responsible for all fees charged by third parties related to your access and use of our Site (e.g., charges by Internet service providers).
We reserve the right to modify or discontinue, temporarily or permanently, all or any portion of our Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of all or any portion of our Site.
We also reserve the right, in our sole discretion, to reject, refuse to post, or remove any material that you post or submit for posting, and to restrict, suspend, or terminate your access to our Site at any time, for any or no reason, with or without prior notice, and without liability.
You must comply with all applicable laws when using our Site. Except as may be expressly permitted by applicable law, or as ISC may authorize expressly in writing, you will not, and will not permit anyone else to: (i) store, copy, modify, distribute, or resell any of the information; audio, visual, and audiovisual works, or other content made available on our Site (collectively, “Service Content”) or compile or collect any Service Content as part of a database or other work; (ii) use any automated tool (e.g., robots, spiders) to access or use our Site or to store, copy, modify, distribute, or resell any Service Content; (iii) rent, lease, or sublicense your access to our Site to another person; (iv) use any Sit or Service Content for any purpose except for your own internal use; (v) circumvent or disable any digital rights management, usage rules, or other security features of our Site; (vi) use our Site in a manner that overburdens, or that threatens the integrity, performance, or availability of, our Site; or (vii) remove, alter, or obscure any proprietary notices (including copyright and trademark notices) on any portion of our Site or any Service Content.
Links and Third Party Content
Our Site may display, or contain links to, third party products, services, and Web sites. Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed, authored, or made available by other users or other third parties on our Site, or which is accessible through or may be located using our Site (collectively, “Third Party Content”) are those of the respective authors or producers and not of us or our shareholders, directors, officers, employees, agents, or representatives.
We do not control Third Party Content and do not guarantee the accuracy, integrity or quality of such Third Party Content. We are not responsible for the performance of, we do not endorse, and we are not responsible or liable for, any Third Party Content or any information or materials advertised in any Third Party Content. By using our Site, you may be exposed to content that is offensive, indecent, or objectionable. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods, services, or information available on or through any third party service or Third Party Content. It is your responsibility to evaluate the information, opinion, advice, or other content available on and through our Site.
You will not use our Site to: (i) upload, post, email, or otherwise transmit any Submission that contains unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm us or third parties in any way; (iii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (iv) upload, post, email, or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (v) upload, post, email or otherwise transmit any Submission that infringes any patent, trademark, trade secret, copyright, or other right of any party; (vi) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other forms of solicitation; (vii) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (viii) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site; (ix) intentionally or unintentionally violate any applicable local, state, national or international law or regulation; (x) “stalk” or otherwise harass another; or (xi) collect or store personal data about other users without their consent.
You are solely responsible for any content and other material that you submit, publish, transmit, or display on, through, or with our Site.
“ISC,” the ISC logo, and any other product or service name or slogan displayed on our Site are trademarks of ISC, Inc. and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of ISC or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing “ISC” or any other name, trademark or product or service name of ISC without our prior written permission. In addition, the look and feel of our Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of ISC and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in our Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.
We may provide you with a mechanism to provide feedback, suggestions, and ideas, if you choose, about our Site (“Feedback”). You agree that we may, in our sole discretion, use the Feedback you provide to us in any way, including in future enhancements and modifications to our Site. You hereby grant to us and our assigns a perpetual, worldwide, fully transferable, sublicensable, fully paid-up, irrevocable, royalty free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner any for any purpose, without in any media, software, or technology of any kind now existing or developed in the future, without any obligation to provide attribution or compensation to you or any third party.
Disclaimer of Warranties
YOUR USE OF THE SITE AND THE SERVICE CONTENT IS AT YOUR SOLE RISK. THE SITE AND THE SERVICE CONTENT EACH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED INDEMNITIES AND WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR ANY SERVICE CONTENT, AND YOU RELY ON THE SITE AND SERVICE CONTENT AT YOUR OWN RISK. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
WE AND OUR SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF OUR SITE AND SERVICE CONTENT. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US AND OUR SUPPLIERS AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE AND SERVICE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNTS, IF ANY, THAT YOU HAVE PAID TO US FOR YOUR USE OF THE SITE AND SERVICE CONTENT FOR THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM.
Exclusions and Limitations
You will defend, indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Site and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Service Content.
All matters relating to your access to, and use of, the Site and Service Content provided on or through or uploaded to the Site shall be governed by the laws of India. Any legal action or proceeding relating to your access to, or use of, the Site or Service Content shall be instituted in courts at New Delhi. You and ISC agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
If you have any questions or concerns about our Site or these Terms, you may contact us at: email@example.com
If you have any comments or suggestions, we would be pleased to receive them at firstname.lastname@example.org
We will only keep your information for as long as we are either required to by law or as is relevant for the purposes for which it was collected.
You can visit the Site and browse without having to provide personal details. During your visit to the Site you remain anonymous and at no time can we identify you unless you have an account on the Site and log in with your user name and password.
Our website content is protected by copyright law. All rights to the information provided on or via this Site. This includes, but is not limited to: data, texts, technical sources of web pages, news, graphics, drawings, photos, illustrations, pictures, logos, services, APIs and any other mentions. The content of this site cannot be reproduced, copied, translated or modified in any way, partially or totally without our prior written permission.
We may grant a limited, revocable and non-exclusive license to create a hyperlink to the home page of the site as long as this link does not describe in a false, wrong or offensive manner or its partners and affiliates. The license granted for the hyperlink does not allow you to use our brand without a prior written consent from us.
All intellectual property rights (which include copyright and rights to source code and databases) related to brand, trademarks, logos and all materials on the website are our property or used by us under a licence or with permission, and/or of our third-party partners.
Nothing contained on the site should be construed as granting by implication or otherwise, any licence or right to use any trademark displayed on the site without the written permission from us or such third party that may own the trademark.
We collect, process your data for processing your purchase on the Site and any possible later claims, and to provide you with our services. We may collect your title, name, gender, email address, postal address, delivery address (if different), telephone number, mobile number, fax number, payment details, payment card details or bank account details.
HOW WE USE YOUR INFORMATION
We do not sell your personal data– such as your name and contact information – to third parties to use for their own marketing purposes.
ISC uses the information we collect for the following purposes:
Provide Our Services. To provide you the services we offer on the ISC Platform, communicate with you about your use of the ISC Platform, respond to your inquiries, provide troubleshooting, and for other customer service purposes.
Personalization. To tailor the content and information that we may send or display to you in the ISC Platform, to suggest followers and content, offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the ISC Platform.
Advertising. To display interest-based advertising to you in the ISC Platform, to improve our advertising and measurement systems so we can show you relevant ads, and to measure the effectiveness and reach of ads and services. For more information, see the Ad Services section below about ISC Ads and Personalization.
Marketing and Promotions. For marketing and promotional purposes, such as to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you, including information about third party products and services.
Analytics. To gather metrics to better understand how users access and use the ISC Platform; to evaluate and improve the ISC Platform, including the Ad Services and personalization, and to develop new products and services.
Comply with Law. To comply with legal obligations, as part of our general business operations, and for other business administration purposes.
You undertake to treat the personal access data confidentially and not make it available to unauthorised third parties. We cannot assume any liability for misuse of passwords unless this misuse is our fault.
We share information as set forth below, and where individuals have otherwise consented:
Service Providers. We may share your information with third party service providers who use this information to perform services for us, such as logistics partners, payment processors, hosting providers, auditors, advisors, consultants, customer service and support providers, as well as those who assist us in providing the Ad Services.
Business Transfers. We may disclose or transfer information, including personal information, as part of any merger, sale, and transfer of our assets, acquisition or restructuring of all or part of our business, bankruptcy, or similar event.
Legally Required. We may disclose your information if we are required to do so by law.
Protection of Rights. We may disclose information where we believe it necessary to respond to claims asserted against us or, comply with legal process (e.g., subpoenas or warrants), enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, and protect the rights, property or safety of ISC, its users, or others.
Your Content and Activity. Your Content, including your name, profile picture, profile information, and certain associated activity information is available to other users of the ISC Platform and may be viewed publicly. Public viewing includes availability to non-registered visitors and can occur when users share Your Content across other sites or services. In addition, Your Content may be indexed by search engines. See the section below about Your Choices for information about how you may change how certain information is shared or viewed by others.
Metrics. We may share with users of our advertisers or publishers aggregate statistics, metrics and other reports about the performance of their ads or content in the ISC Platform such as the number of unique user views, demographics about the users who saw their ads or content, conversion rates, and date and time information. We do not share IP addresses or personal information. We may also allow our advertisers or publishers to use Pixels on the ISC Platform in order to collect information about the performance of their ads or content.
Anonymized and Aggregated Data. We may share aggregated or de-identified information with third parties for research, marketing, analytics and other purposes, provided such information does not identify a particular individual.
It is not necessary to accept cookies to visit our website.
WHAT ARE COOKIES?
Cookies and flash cookies are small files that are saved on your data carrier which store specific information about your preferred settings and any other data that our system needs when interacting with your browser. There are two different kinds of cookies: session cookies, which are deleted the moment you quit your browser; and temporary/permanent cookies, which are stored on your data carrier for a longer period of time or, in some cases, permanently. Cookies help us tailor our website to suit you and to reflect your tastes and your browsing habits. They also allow us to save any information you have entered so you don’t have to enter it all again the next time you visit.
HOW CAN I PREVENT COOKIES FROM BEING STORED ON MY COMPUTER?
You can change the settings in your browser to ask for your permission every time a cookie tries to access your computer. If you would like to accept ISC cookies but block our partners’ cookies, you can set your browser to block third party cookies.
Usually, your browser’s help section will provide information on how to change your cookie settings.
We recommend only changing the browser setting for your profile on shared computers.
Every time you visit ISC, information is sent from your browser to our server log files, where it will be saved. The information transferred includes: time and date or visit to our site, which pages were viewed, IP address, URL of site that referred you to ISC, how much information has been stored and which browser you have been using.
Once we have all this information, all IP addresses are deleted or anonymised. Anonymisation means that your IP address is changed in such a way that they either cannot be linked with the original user or can only be linked through extensive research.
I hereby give my permission for ISC to analyse and use protocol data.
We have in place appropriate technical and security measures to prevent unauthorised or unlawful access to or accidental loss of or destruction or damage to your information. When we collect data through the Site, we collect your personal details on a secure server. We use firewalls on our servers. When we collect payment card details electronically, we use encryption by using Secure Socket Layer (SSL) coding. Whilst we are unable to guarantee 100% security, this makes it hard for a hacker to decrypt your details. You are strongly recommended not to send full credit or debit card details in unencrypted electronic communications with us. We maintain physical, electronic and procedural safeguards in connection with the collection and disclosure of your information. Our security procedures mean that we may occasionally request proof of identity before we disclose personal information to you. You are responsible for protecting against unauthorised access to your password and to your computer.
We have procedures in place regarding our retention periods which we keep under review taking into account our reasons for processing your personal data and the legal basis for doing so.
If you are concerned about your data you have the right to request access to the personal data which we may hold or process about you. You have the right to require us to correct any inaccuracies in your data free of charge. At any stage you also have the right to ask us to stop using your personal data for direct marketing purposes. Please contact us by mail at [email@example.com] or [44, GF, Sunview Apartments, Pocket 4, Sector 11, Dwarka New Delhi 110075, India.].
INTELLECTUAL PROPERTY POLICY
This Intellectual Property Policy was last updated on 21st Jan 2019.
India Skill Capital is one of the leading educational websites that provides a platform to millions of talented educators worldwide to share their knowledge and skills with the students. We help the students get access to the various competitive courses from any corner of the world. We help the educators create educational courses on our platform and encourage them to come up with their own creative and Innovative content and methodology. We expect the educators to respect the policy of India Skill Capital and not include the intellectual property of others. By agreeing to our terms and conditions, the educators promise that they have the authority to use the content in the course. India Skill Capital does not review or edit the courses for legal issues and is not responsible for the legality of the course content.
Infringement is offensive.
The policy addresses the course of action taken in case of copyright or trademark infringement reports from the content or trademark owners with respect to the courses published on ISC platform. It also explains the action taken when the ISC’s courses are copied on third party platforms without the
consent of educators.
Third-Party Copyright Infringement Reports
When the owner of the original content reports infringement in a copyright infringement notice, then ISC holds the right to remove those courses from its platform. In case of repeated infringement cases of an educator, ISC removes all his courses and reserves right to deactivate his account at any time.
How to File a Report
If the owner of the content or the agent of the owner believes that the course is infringing, they can immediately report it to ISC via firstname.lastname@example.org. ISC promises to take quick action on this report. Please note the following important points before you file any report of infringement:
1) You need to submit an electronic signature confirming that you are the copyright owner or repre-sentative of the copyright owner or organisation. Failing this, we would not be able to process a copyright claim.
2) You need to submit your complete information including your full legal name, valid email address, residential address, permanent address, permanent mobile number and landline number along with necessary documents as proof. This enables us to address your copyright claims.
3) In case you are an agent of an organisation/owner and you file a report on their behalf , then you need to mention the name of the organisation/ owner and your relationship with them.
4) You need to provide the links or copy of the source where the original content is located. This applies to single and multiple (both)cases of infringement.
5) You need to provide the exact location of the course you found to be infringed on the India Skill Capital so that it can be precisely located. That means the URL on our website and the exact name of the course and the educator.
6) You add a declaration : “ I, (your full name), under penalty of perjury, hereby declare that the information in this report is authentic and I claim to be the copyright owner (or I am authorised by the copyright owner) and I firmly believe the content mentioned in the report is not au-thorised by its owner, his agent or the law.”
7)It is illegal to submit a false claim of infringement. ISC reserves the right to seek the damages from anyone who violates the law and submits misleading claim intentionally.
8) Ensure that the content you are reporting is actually protected by copyright because the Copyright Law doesn’t include short phrases, slogans, business names, titles of the books or intangible concepts like processes, recipes, ideas or facts. To report a trademark violation, you can mail us at email@example.com for a quick action.
9) Ensure that the content you are reporting doesn’t qualify “FAIR USE” policy.
Copyright Law includes a “fair use’ exception wherein the use of the copyright content is considered to be in the public interest. It includes criticism, news reports, research, commentary etc. To confirm whether or not the course qualifies “fair use”, you may consider the following :
• The type of work used. ( whether the copyright content used is creative or facts based)
• The portion used. (whether the course copies small, necessary fragments of your content or a huge part of it)
• The effect on your market. ( whether the audience would purchase the course rather than your ma-terial)
We send a copy of valid copyright violation report to the educator of the concerned course along with a notification that :
1. The particular course has been reported for copyright infringement.
2. The course is being removed from the platform of India Skill Capital platform.
In case you believe that there has been some misinterpretation and that you have all the rights and consent from the owner of the content, then you can send us a Counter Notification. The form for the same shall be attached along with the report and the educator can fill that and send it back to the ISC designated agent or the member who notified you. The counter notification must include the following in writing :
• Your full name, residential address, permanent address, e-mail, mobile number and landline number.
• Your signatures. (physical or electronic)
• The title and the exact location (URL) of the course before it was removed.
• A statement’ “ I, (full name), under penalty of perjury, firmly believe that the content was removed due to misinterpretation or misidentification of the disabled content.”
• A statement, “ I, (full name), agree that ISC shall be sharing my name and contact details with the claimant. I agree to the process of the legal actions by the claimant or his agent. I will also accept the jurisdiction of the court of competent jurisdiction in New Delhi, India.
Kindly note that it is illegal to submit a false or misleading counter notification and that the educator shall be held liable for the same and will have to endure the damages. ISC holds the right to seek damages from the party that violates the law and submits a false counter notification.
Reports from Educators of Infringing Content on Other Platforms
We respect the efforts you put in creating your original courses on India Skill Capital platform and your concern for its copyright. You would not want your course to be published on platforms other than ISC without your permission.
In case you come across any such instance, you may send us a mail at firstname.lastname@example.org. You will be immediately connected to the concerned department and authorities.
Third-Party Trademark Infringement Reports
When a course is reported as infringing a third-party trademark, ISC holds the rights to remove the courses from its platform. It may also terminate the account of the educator at any time.
How to Submit a Trademark Infringement Report
The most convenient way to submit a report of trademark infringement is to send a notice to the Designated Agent including the information mentioned below. A copy of your notice will also be sent to the party who posted the reported content .Kindly take note of these important points before you file a Trademark Infringement Report :
1. Your report must contain your complete information as the trademark claim has to be sufficiently substantiated so that we can address it. You need to mention your complete name along with resi-dential and permanent addresss, email address, landline number and permanent mobile number.
• You should also specify the word, symbol, etc. for which you claim trademark rights.
• You should provide a national or community registration, including registration number, if appli-cable.
• You need to mention the country or jurisdiction in which you claim trademark rights.
• The category of services/goods for which you assert rights.
• You need to give the exact location of the material you report to violate your trademark rights in terms of web addresses or URLs so that it can be located immediately by ISC team.
• Describe how you believe this content infringes your trademark.
• If you are reporting a case on behalf of the rights holder, you need to specify your relationship with him.
• The following statement: “I firmly believe that the trademark used as described above in the report is not authorized by the trademark owner, its agent, or the law.”
• The following statement: “ I, (your full name), under penalty of perjury, hereby declare that in-formation in this notice is authentic and that I am the owner of the trademark that is allegedly in-fringed.”
• Your electronic signature followed by your full name or physical signature.
1. It is illegal to submit a false claim of infringement and it may result in a liability for an educator or any party that reports a misleading claim. ISC reserves the rights to seek damages in such cases.
2. Ensure that the use of your trademark in the course doesn’t qualify “fair use”.
3. Consider whether the use of your trademark in the course is “nominative fair use”. Trademark law protects the use of a name or brand for selling products and services, with the goal of preventing consumer confusion. In many countries, the Trademark laws include an exception for “fair use”, which allows others to use a trademark for factually referencing the trademarked product or service, or commenting on or criticizing the mark. Consider the likelihood that others would be confused into thinking that your company or brand had created or is sponsoring the course.
Designated Agent Contact Information
In case of reported infringement, the Designated Agent can be contacted :
By sending a mail at email@example.com (for copyright infringement reports only)
Via IndiaMail: 44, GF, Sunview Apartments, Pocket 4, Sector 11, Dwarka New Delhi 110075, India
User submissions and rules of conduct. You are solely responsible for any User Content you post or submit to the Site, and for the consequences of posting or submitting it. By posting or submitting User Content to the Site, you grant us a nonexclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display, perform, and otherwise make available your User Content in connection with the Site and for our broader educational purposes, including without limitation for promoting or redistributing part or all of the Site (and derivative works thereof) in any manner or media, and to authorize others to do the foregoing. By posting or submitting User Content to the Site, you represent and warrant that you have the right to grant us the foregoing rights, and that neither your User Content nor our use of it as permitted under the foregoing license will infringe or violate anyone’s rights. You agree not to submit or post any content, or engage in any other activity in connection with the Site, that:
Access to Materials. The starting date of your access to the Products is deemed to be the date that you first have access. We will attempt to contact you where your access period has ended. Where this is the case, we cannot guarantee that certification or completion (as appropriate) will be possible. As such, it is your responsibility to ensure that you complete the content within the allocated time period. If you do not think this will be possible, then extensions of time are available for purchase at an additional cost.
We will take all commercially reasonable steps to provide you with uninterrupted access to the Products. However, your access may be restricted from time to time for reasons beyond our control. Such reasons include force majeure events, power outages and actions from computer hackers and others acting outside the law. Your access may also be interrupted due to software issues, server downtime, increased Internet traffic, programming errors, regular maintenance and other related reasons. Where this is the case, we will take commercially reasonable steps to restore your full access within a reasonable period of time. ‘Commercially reasonable’ in these terms shall mean reasonable efforts taken in good faith, without an unduly burdensome use or expenditure of time, resources, personnel or money.
Our joint aim is to provide courses and materials of the highest quality. As such, improvements or changes to the Products or any other materials may occur at any time without prior notification in order to ensure that they are up to date and accurate.
Where your access to the Products is restricted for any of the above reasons, we may provide you with a free extension of time at our sole discretion.
Payment. Payment in full is required at the time of buying the online digital courses from the website or Mobile App.
Unless otherwise specified at the time you purchase the Course Fees are inclusive of all applicable taxes which will also be set out in the Website or told to you over the telephone prior to your purchase the Services.
Cancellation or Refund policy.
The course fee is non-refundable. In exceptional cases you may write to us at firstname.lastname@example.org for refunding the amount. It’s the sole decision of India Skill capital to refund the full or partial money on case to case basis after receiving the proper justification from the buyer.
It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.
Liability.No part of the provision of the Services shall be deemed to be, nor is it intended to be, nor should it be taken to be, the provision of investment/professional advice. We are not liable to you in any way for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract or any and all other commercial damages or losses.
Intellectual Property. All Intellectual Property Rights in the Course Materials, Online Courses and the speeches made by trainers at the Taught Courses are, and remain, the intellectual property of ISC or its licensors, whether adapted, written for or customised for the Client or not.
You are not authorised to:
In consideration of the Fees paid by you, we grant to you a limited, non-transferable, non-exclusive licence to use the Course Materials and the software in respect of the Online Course for the sole purpose of completing the Online Course and / or attending the Taught Course.
Law and Jurisdiction. This Agreement is subject to Indian law and the parties submit to the exclusive jurisdiction of the Delhi Courts in connection with any dispute hereunder.
Amendments. ISC reserves the right to make change to these Terms and Conditions from time to time and so you should check these Terms and Conditions regularly. Your continued use of the Service will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the Service.
Notices. You may connect with us at email@example.com
“IndiaSkillCapital” means a brand name by Anandmala Distribution Technology Pvt Ltd, also be known and represented as IndiaSkillCapital or ISC or www.IndiaSkillCapital.com or Company or web interface or website or We in the below agreement.
“Instructor” means the provider of the course content who will be registering on the site to sell the course or content at a price and will also be referred as You.
“Students/Subscribers/Users” refers to the person who is enrolling for the course or buying the course content through the IndiaSkillCapital web interface.
“Base Price” means the course price set by the Instructor.
“Instructor Revenue” shall mean Net Amount less any refunds paid, or any taxes levy/applicable on course sale.
“Gross Amount” means the amount actually received by IndiaSkillCapital for purchases by Students for your Course, after deduction of the mobile platforms fees applied by Apple’s App Store or Google Play Store, if courses get sold via Mobile platforms.
“Net Amount” means Gross Amount, less (1) Taxes; (2) Standard fees levied by payment gateways or banks and (3) or paid to any affiliates or channel partners.
Note these are revenue share on Net Amount, which is defined here:
Limitation of Liability
Inaccuracies. A possibility exists that the Services provided on any Third Party Platform could include inaccuracies or errors, or information or materials that violate these Terms. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services available on any Third Party Platform. Although ISC attempts to ensure the integrity of the Services on Third Party Platforms, we make no guarantees as to the Services’ completeness or correctness. In the event that a situation arises in which the Services’ completeness or correctness is in question, please submit a request to connect@IndiaSkillCapital.com (with the subject line “Inaccuracies in Services “) with, if possible, a description of the Services to be checked and the location (URL) where such Services can be found on Our Services or Third Party Platform at issue, as well as information sufficient to enable Us to contact You. We will try to address Your concerns as soon as reasonably practicable.
System Outages. ISC periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that ISC has no responsibility and is not liable for: (a) the unavailability of the Services including those available on Third Party Platforms; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any Third Party Platforms, or any Internet facilities and networks.
You hereby indemnify, defend and hold harmless ISC, and its affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers from and against all reasonably foreseeable losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of Your breach of any representation or warranty hereunder. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter. You agree to fully cooperate as reasonably required with such defense and in asserting any available defenses.
All cases are subject to Indian Judicial Law System and are abode by the Government of India.
Statute of Limitations. Any claim or cause of action arising out of or related to use of the Services, the Terms, or any services or information available through Third Party Platforms, must be filed within 1 year after such claim or cause or action arose regardless of any statutes or law to the contrary. In the event any such claim or cause of action is not filed within such 1- year period, such claim or cause of action are forever barred.
ISC reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any (a) Submitted Content, Company Content, Courses, or any Service; and (b) Your access to Our Services or Your Account, as follows:
These Affiliate Terms & Conditions were last updated on March 01, 2019.
THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “YOURS”), (hereinafter referred to as the “Affiliate” which expression shall, unless repugnant to the subject of context thereof would mean and include its successor and assigns).
India Skill Capital, an Online platform under the company “Anandmala Skills Academy Private Limited” incorporated under Indian law having its registered office at India Skill Capital, KOCREATE, Tapasya Corp Heights, 3rd Floor, Tower A, Noida-Greater Noida Expressway subarea, Sector 126, Noida, Uttar Pradesh 201303(hereinafter referred to as the “ISC” which expression shall, unless repugnant to the subject of context thereof would mean and include its sister concerns, legal representatives, executors, administrator, assigns, and all those claiming through it);
BY CLICKING ON THE “I ACCEPT” BUTTON AT THE END OF THESE AFFILIATE TERMS AND CONDITIONS (“AFFILIATE TERMS”) YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THESE AFFILIATE TERMS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.
WHEREAS, Affiliate wishes to promote ISC’s courses and content through its web site and other media in a form as provided herein and as approved from time to time by ISC in writing;
WHEREAS, ISC and Affiliate wish to work together to generate as many licensed sales of ISC licensed courses and other content (“Courses”) as possible so that they may share in the proceeds of such licensed sales and agree to work together under the terms of this Agreement;
NOW THEREFORE, for and in consideration of the mutual covenants set forth herein and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, it is agreed as follows:
NOW THIS AGREEMENT WITNESSETH AS UNDER:
1.1. Based on the Affiliate’s representations, ISC has reason to believe that the Affiliate has sufficient experience in providing the Services.
Unless the context of this Agreement otherwise requires or provides:
1.2.1. Words using the singular or plural number also include the plural or singular number, respectively;
1.2.2. Words of any gender are deemed to include the other gender; and
1.2.3. References to the words include or including shall be construed without limitation.
1.2.4. The terms hereof, herein, hereby, hereto and derivative or similar words refer to this entire Agreement or specified Clauses or Annexures of this Agreement, as the case may be;
1.2.5. The term Clause refers to the specified Clause of this Agreement;
1.2.6. Reference to any legislation or law or to any provision thereof shall include references to any such legislation or law as it may, after the date hereof, from time to time, be amended, supplemented or re-enacted, and any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision;
1.2.7. The recitals and Annexures shall constitute an integral part of this Agreement;
1.2.8. The index, bold typeface, headings and titles herein are used for convenience of reference only and shall not affect the construction of this Agreement;
1.2.9. Any word or phrase defined in this Agreement shall have the meaning assigned to it in such definition throughout this Agreement, unless the contrary is expressly stated or the contrary clearly appears from the context; and
1.2.10. When any number of days is prescribed in any document, the same shall be reckoned exclusively of the first and inclusively of the last day unless the last day does not fall on a working day in India in which case the last day shall be the next succeeding day that is a working day in India, not being a bank holiday in India or a Saturday or Sunday.
2. Enrollment in the Affiliate Program
2.1. To begin the enrollment process, you must submit a completed Affiliate Program Signup Form. The Signup Form can be found at https://www.indiaskillcapital.com
2.2. ISC will evaluate Affiliate’s application in good faith and will notify Affiliate of the acceptance or rejection in a timely manner. ISC may reject the application if ISC determine (in our sole discretion) that Affiliate’s website/ is not suitable for the Affiliate Program for any reason, including, but not limited to, its inclusion of content that is, in ISC’s opinion, unlawful or otherwise violates our Policy available at https://indiaskillcapital.com/our-policies/
2.3. ISC in its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the Affiliate Program at any time.
2.4. That the Affiliate shall have the right to have sub-affiliate under this Agreement with prior written consent of ISC. That, the sub-affiliate shall not have any right to have further sub-affiliate.
3.1. Affiliate’s sole remuneration hereunder shall be a commission percentage of of net sales value of all Courses sold by Affiliateand verified by ISC.
3.2. Affiliate’s commission percentage of net sales value will be as follows:
3.2.1. Upto 1 lakh in net sales value – 10% of net sales value
3.2.2. Between 1 lakh to 2 lakh of net sales value – 15% of net sales value
3.2.3. More than 2 lakh of net sales value – 20% of net sales value
3.3. Affiliate will provide ISC with a monthly report of Course sales for verification by ISC.
3.4. Sub-Affiliate’s commission percentage would be 2% of net sales value of all courses sold by them.
3.5. All commission checks for net sales value will be paid within net 45 days for all sales attributed to Affiliate during the preceding month in which any Courses are sold.
4. TERM AND TERMINATION
4.1. The term of this Agreement shall starting fromdate you signup as Affilaite on ISC may on its own discretion renew this Agreement further upon expiry (“Term“).
4.2. That ISC shall be at the liberty to terminate this Agreement by giving 1 (one) months’ notice without giving any reasons.
4.3. That the Affiliate shall be entitled to terminate this Agreement by giving 1 (one) months’ notice in writing in advance to ISC.
4.4. It is agreed by the Parties that each Party shall continue to fulfill their respective obligations under this Agreement during such notice period.
5. Independent Contractors
At all times the staff of Affiliate shall be the employees, or independent contractors of Affiliate, and not of ISC. All benefits and liabilities associated with that employment, or of contracting, shall accrue to and be the sole responsibility of Affiliate, including, without limitation, all employee benefits, insurance, and taxation responsibilities.
6. LIABILITIES & REPRESENTATIONS
6.1. The Affiliate agrees to ensure, that, during the Term the Personnel provided for providing Services:
6.1.1. do not create any nuisance which may create unnecessary disturbance or inconvenience anyone;
6.1.2. are adequately trained;
6.1.3. are without a criminal record;
6.1.4. are in neat clean and formal uniform; if they are representing ISC at some institutions
6.1.5. have valid identity cards during duty-hours; and
6.1.6. are maintaining a general office discipline and decorum.
6.1.7. that it pays the salaries/ charges and all other allowances and benefits / equipment of whatsoever nature, including but not limited to provident fund, overtime if any for its Personnel. It is clarified that ISC shall have no responsibility towards the same in any manner whatsoever;
6.1.8. that it is well within its legal rights to enter into this Agreement and perform its obligations hereunder;
6.1.9. that the Affiliate shall be solely responsible for payment of salary / wages and all other statutory allowances / benefits and for providing any and / or all facilities under the applicable law and the Rules framed thereunder, at its own cost and expenses to the Personnel;
7.1. Affiliate acknowledges that materials and information (other than the Coursecontent itself) that may come into its possession or knowledge in connection with co-provided activities under this Agreement, are confidential and proprietary to ISC, the disclosure of which to, or use by third parties without prior approval of ISC in writing will cause damage to ISC (“Confidential Information”).
7.2. Affiliate agrees to hold such Confidential Information in strictest confidence, not to make any use thereof other than for the performance of this Agreement, to release it only to its employees requiring such information, and not to release or disclose it to any other party without the prior written consent of ISC.
7.3. Affiliate agrees to procure that any employee, independent contractor or third party to whom Confidential Information is released shall sign a written agreement in advance to maintain that confidentiality and consenting to liability for any breach of that confidentiality.
8.1. Affiliate will release, defend, indemnify and hold ISC harmless form and against any and all liabilities, damages, awards, settlements, losses, claims, costs and expenses, including reasonable attorneys fees and costs of investigation (“Damages”), due to any claim by a third party relating to or arising out of Affiliate’s Services or any other activities of Affiliate, including, without limitation, infringement of any third person’s intellectual property rights, except for such Damages arising solely and exclusively out of Affiliate’s use of the ISC content, unmodified, in express accordance with the terms of this Agreement.
8.2. ISC will indemnify and hold Affiliate harmless from and against any and all Damages due to any claims by a third party that the ISC content infringes any third party’s intellectual property rights, provided that (i) the relevant claim does not arise from any modification to the ISC content made by Affiliate or any person receiving the content through Affiliate; (ii) the relevant claim does not concern ISC content that ISC notified Affiliate should not be used; (iii) the relevant claim is not based upon content obtained by ISC from a third party: and (iv.) Affiliate is not in breach of this Agreement.
8.3. A party seeking indemnification pursuant to this section (an “Indemnified Party”) from or against the assertion of any claim by a third party will give prompt notice to the party from whom indemnification is sought (the “Indemnifying Party”); provided, however, that failure to give prompt notice will not relieve the Indemnifying Party of any liability hereunder (except to the extent the Indemnifying Party has suffered actual material prejudice by such failure). The Indemnifying Party and the Indemnified Party will cooperate in the defence or prosecution of any third party claims.
9.1. Miscellaneous Costs. All costs, charges and expenses payable in respect of this Agreement and on all other instruments and deeds to be executed, if any, pursuant to this Agreement, including stamp duty and / or registration charges of this Agreement shall be borne equally by the Parties.
9.2. Arbitration. That in case of any dispute or difference arising between the parties in relation to or in connection with this Agreement or the services to be provided by the Affiliate, or the amount payable to the Affiliate or any issue connected with or relating to any aspect of this Agreement, or on the basis of any terms and conditions, or any amendments made to this Agreement after the execution of it, shall be resolved in the first instance by joint discussion of the authorized representative of the parties to this Agreement. Any dispute or difference which may arise between the Parties in connection with this Agreement and which cannot be settled amicably shall be finally settled by arbitration by a sole arbitrator appointed mutually by the Parties as per the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be at New Delhi and the language shall be English.
9.3. Notices. All notices need to be given in writing and all communications to be made in writing by either Party and shall be deemed delivered only if accompanied by an acknowledgement of receipt of transmission when sent by facsimile or accompanied by a read receipt when sent via e-mail, or sent by registered post or courier and/or by hand, at the following addresses.
India Skill Capital, KOCREATE, Tapasya Corp Heights, 3rd Floor, Tower A, Noida-Greater Noida Expressway subarea, Sector 126, Noida, Uttar Pradesh 201303 , India
Or to such other address as either Party may at any time, or from time to time communicate in writing to the other Party for the purpose of serving notices under this Agreement.
9.4. Governing Law and Jurisdiction. This Agreement shall be governed by laws of India and the courts at New Delhi shall alone have jurisdiction to entertain any matter in relation to this Agreement.
9.5. Compliances. That the Affiliate shall be liable for due observation and compliance of all Statutory Laws and the rules framed there under as applicable from time to time.
9.6. Assignment. That the Affiliate shall not have the right to assign its rights/ obligations under this Agreement to any third party, without prior written consent of ISC.
9.7. Entire Agreement. This Agreement together with Annexure(s) constitutes the entire agreement between the Parties relating to the subject matter.
9.8. Previous Documents. This Agreement supersedes any prior agreements, arrangements, correspondence, memorandum and undertakings between the Parties in relation to its subject matter.
9.9. Further Documentation. It is expressly agreed to by and between the Parties hereto that all further documents and/or writings that may be executed shall in no way be treated as a substitution of, or an amendment to these presents unless expressly so provided and mutually agreed upon.
9.10. Relationship. The Affiliate is an independent contractor and is personally and solely liable for his actions and those of the Personnel. No employer-employee relationship shall be deemed to be created or construed between the Personnel and ISC. The Affiliate under no circumstance shall act as an agent of ISC.
9.11. Counterparts. This Agreement shall be executed simultaneously in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
9.12. Waiver. Failure by either Party hereto to enforce at any time or for any period of time the provisions of this Agreement shall not be construed to be waiver of any provisions or of the right to enforce each and every provision of this Agreement.
9.13. Severability. Any covenant or provision hereof, which is hereafter found to be invalid or unenforceable, in whole or in part for any reason, shall (unless the context shows it to be of essence):
9.13.1. be severable from, and shall not affect the validity or enforceability of, this Agreement as a whole or any other covenant or provision.
9.13.2. be, whenever allowed by the context, deemed replaced by such valid and enforceable covenant or provision, whose contents are as close as permissible to those of the invalid or unenforceable covenant or provision.
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