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Terms and Conditions

Introduction

SkillsRediscovery is operated by Twashta Business Solutions Pvt. Ltd.  A company based in 1704/122 Shanti Nagar Tri Nagar Delhi 110035, India (Hereby referred to as “SkillsRediscovery”, “we”, “our”, “us”). These Terms and Conditions, Privacy Policy, Refunds Policy, Instructor Onboarding Terms and Conditions, Content Policy and Moral Code of Conduct Policy(“Terms“) govern the use of SkillsRediscovery website, software, APIs, social media, Learning Management Systems (LMS) or otherwise and mobile website and mobile applications related, linked, or otherwise connected thereto, and other products and services provided through the SkillsRediscovery platform (The SkillsRediscovery platform, Content, Platform Content, social media content and services offered through it shall be collectively referred to as the “Platform”). Please read these Terms carefully and contact us if you the users of the Platform (the visitors of the Platform, Instructors and learners are collectively referred to as “you”, “your” and individually as the “Visitor”, “Instructor”, “Learner” respectively) have any questions. By using our Platform, you agree to be bound by these Terms, including any policies referenced in these Terms. If you disagree with any part of the Terms, please do not use our Platform.

You understand that you will adhere to these Terms and all other operating rules, policies, and procedures that may be issued periodically on the Platform by us, each of which is incorporated by reference periodically by us. When accessing the Platform you also agree to any “Additional Terms” we may post from time to time. You also agree to read the updated Terms and any Additional Terms we may post from time to time through this reference. These Terms are also applicable to the users using our official social media handles mentioned on our official website These Terms are not negotiable. If you do not agree to any of these Terms or Additional Terms, you must stop using the Platform.

1.  Platform Usage

1.1  To access our Platform, you must:

1.1.1  Have attained the age of majority and not disqualified from entering into contracts under any law;

1.1.2  Permit your ward who is under the age of majority (18) to access the Platform. Please note that when the Platform is accessed by you or your ward, we cannot know if you have permitted your ward for accessing the Platform. If the platform is accessed by a user, we assume that such user is eligible to use the Platform.

1.1.3  Complete the registration process;

1.1.4  You represent and warrant that you have the authority to accept these Terms on behalf of the company you may be affiliated with.

1.1.5  Agree to our Terms and other policies; and

1.1.6  Provide true, complete, and up to date legal and contact information.

1.1.7  By using the Platform, you represent and warrant that you will use the Platform only for non-commercial purposes.

1.2  By using the Platform, you represent and warrant that you meet all the requirements listed above and that you will not use the Platform in a way that violates any laws or regulations. We may refuse service, close accounts of any users, and change eligibility requirements at any time.

1.3  By accepting these terms, you represent and warrant that you are qualified concerning the conditions stated herein, therefore, are permitted to use the Platform. If you do not meet any of the conditions stated herein you shall not access/use the Platform and must cease to be a user.

2.  The Services

2.1  The Platform is an online marketplace for the following:

2.1.1  The Instructors may market and sell self-paced online courses (“Self-Paced Courses”) and live online classes (“Online Classes”) in the capacity of body corporate, institutes, and individuals whether delivered/provided via the Platform. All content in the Self-Paced Courses provided by the Instructors (“Self-Paced Course Content”) and All content developed via the Live Online Classes (“Online Class Content”) (collectively “Content”) are the sole property of the Instructors or licensor(s) of the Content as the case may be (unless provided otherwise in writing by SkillsRediscovery). We are not responsible under any circumstances for any Content and materials posted and provided by the Instructors, or for any disputes, claims, liabilities, damages etc. arising out of any services or Self-Paced Courses and Online Classes provided by the Instructors. SkillsRediscovery solely acts as a method to connect the Instructors to the Learners.

2.1.2  The profile of the Instructors and Learners shall be visible to users per the Platform account settings.

2.1.3  The Learners may sign up and use the Platform for purchasing and availing of the Self-Paced Courses and Online Classes offered by the Instructors. Learners may avail of the Self-Paced Courses and Online Classes in the capacity of an individual, groups and/or body corporates.

3.  How it works

Visitors of the Platform (unregistered) shall have limited access to the Platform. To use the Platform and its features in their entirety; Visitors will need to register on the Platform as Learners or Instructors.

The Platform uses in-built tools, APIs and software to enable you to interact with each other. You hereby through this reference, agree not to interact with each other (Instructors and Learners) in any way except for the Platform. You may interact with our Instructors through chat, voice call, and video calls through our Platform. All conversations between the Learners and the Instructors may be recorded for training and quality check purposes and you, hereby through this reference permit us to record the conversations that may take place between you and the Instructors on our Platform.

4.  For the Learners

4.1  Registration: Learners can register on the Platform to gain access to the Platform features such as Self-Paced Courses and Online Classes conducted by our Instructors. Registration is done by filling a simple form and submitting your basic details as required in the registration form. Our registration process is subject to change from time to time. The Learner will be able to book a trial Online Class post completion of registration unless specified otherwise. The Learner may also access limited duration demo recorded content concerning the Self-Paced Courses. If the Learner is interested to continue and purchase the Online Classes and Self-Paced Courses, they will be able to do so by making payment to us through the Platform using any of the following means including without limitations, bank transfers, credit card, debit card, UPI, etc. Payment modes accepted by us may change from time to time.

4.2  Once the Learner is enrolled in the respective Self-Paced Course and/or Online Classes, Learners shall be given access to the Self-Paced Course or Online Classes solely through the Platform.

4.3  Payment: The Learners have the option to pay for the Online Classes and/or Self-Paced Courses by selecting the options available on the Platform.

The Learners can purchase various Self-Paced Courses through the Platform (prices mentioned on the Platform) to gain limited-time access (duration as mentioned on the Platform) to the Self-Paced Courses.

4.4  Online Classes: All Online Classes are provided by the Instructors for the agreed-upon duration or term. In the event a Learner is dissatisfied with the services provided by an Instructor, they may request a refund in accordance with the terms of our Refunds Policy. Rescheduling the class is not possible under any circumstances. The Learners may however refer to the available recorded Content if required.

4.5  Self-Paced Courses: The duration of access to the Self-Paced Courses may be limited according to set time limits or proportional to payments made to us by Learners (“Learning Period”). The Self-Paced Courses may be removed by us from the Platform at any time for any reason without notice to you including without limits, upon the receipt of a takedown request from the Instructors as specified in the Instructor Onboarding Terms and Conditions. Notwithstanding the foregoing, we shall strive to make the Self-Paced Courses available for at least the Learning Period.

4.6  Learner Content: Throughout your use of the Platform and the Content, you may be able to provide Content to the Platform by uploading notes and replies, Learner discussions, profile pages, other Content and media for social interaction, and written assignments, projects, surveys, questions, hypothetical, examples, etc. (collectively, “Learner Content”).

We do not claim ownership of any Learner Content you may submit or make available for inclusion on the Platform or Content. Accordingly, subject to the licence granted to us, the Learner will be the sole and exclusive owner of all rights, title, and interest in and to the Learner Content.

With respect to any Learner Content, you submit to us or that is otherwise made available to us, you grant us an irrevocable, worldwide, perpetual, royalty-free and non-exclusive licence to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display or otherwise exploit such Learner Content on the Platform and/or in the Content, with the right to sublicense such rights for any purpose associated with the provision of the Platform and the Content. We reserve the right to remove any Learner Content without notice at any time and for any reason.

4.7  Interaction: A learner shall not contact or attempt to contact our Instructors outside of the Platform in any way.

4.8  Links: Learner agrees to not post links to any third-party websites or any other hyperlinks that may redirect other users from our Platform to third-party websites.

4.9  Contact Details: A learner shall not post your contact details which may include without limitation, your phone number, email, address, on any part of our Platform unless otherwise required by us.

4.10  Courtesy: Learner agrees to be courteous and refrain from using abusive language towards us or our Instructors.

4.11  Compliance with the Law: Learner agrees to access and use the Platform only for lawful purposes and Learner’s use of the Platform is in no way unlawful or fraudulent and does not have the intention or effect of damaging us or our Instructors either reputationally or financially.

4.12  No Modification: Learner agrees not to alter or modify any part of the Platform.

4.13  Access to Platform: Learner agrees not to access the Platform through any technology other than the software (if any) provided by us or enabled via API’s or other generally available third-party web browsers such as Chrome, Firefox, Safari, or Internet Explorer;

4.14  Platform Safety: Learner agrees not to knowingly transmit any data or send or submit any Content that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

4.15  Platform Restrictions: Learner acknowledges and agrees that we may stop (permanently or temporarily) providing the Platform (or any part of the Platform’s Content) to the Learner generally for whatever reason, at our sole discretion, without prior notice to you.

4.16  Learner Responsibility: Learner agrees to be solely responsible for (and that we have no responsibility to you or any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).

4.17  Non-Commercial Use: Learner agrees to completely refrain from sharing the Platform Content and Content or use the Platform Content for commercial purpose.

4.18  Registering on behalf of a minor: Learners shall have the option to register on behalf of children who are below 18 years of age.

4.19  Breach of Terms: We reserve the right to ban the Learner for any reason in case we discover that you have breached the Terms.

Please read our Moral Code of Conduct Policy before using the Platform.

5.  For Our Instructors

5.1  Registration: To register with us on our Platform the Instructors will need to fill a sign-up form and go through a simple registration process and agree to the terms of the Instructor Onboarding Terms and Conditions. The Instructor will need to (including without limits) highlight their experience, education, and subject expertise. If and when the Instructor is approved by SkillsRediscovery, The Instructor’s profile on the Platform shall become live and visible to the Learners and the Visitors.

5.2  Payments: The Instructors shall be remunerated in accordance with the terms mentioned in the Instructor Onboarding Terms and Conditions.

Nothing in this Terms and Conditions shall function in such a manner to entitle the Instructors to any other amounts with the sole exception of the amounts due to the Instructor in line with the Instructor Onboarding Terms and Conditions. Refunds claimed by Learners may be processed by making deductions in the amounts due to the Instructor or as specified in the Instructor Onboarding Terms and Conditions.

5.3  Termination: SkillsRediscovery may terminate our relationship with the Instructor at our sole discretion for any reason including without limitation if the Instructor fails to conduct Online Classes on the allotted times, low quality of the content of the Self-Paced Courses or due to uninformed continuous absence. We may also terminate our relationship with the Instructor in the event of a breach of these Terms in line with the termination provisions in the Instructor Onboarding Terms and Conditions.

6.  License to use

Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non-sub-licensable limited right and license:

6.1  To access, internally use and display the Platform as an individual only at your location solely as necessary to browse and/or participate in the Platform as permitted by these Terms; and

6.2  You must abide by all copyright notices or restrictions contained on the Platform. You may not delete any attributions, legal or proprietary notices on the Platform.

6.3  SkillsRediscovery shall have a non-exclusive right to use the Content, and other Content related materials for advertising, publicising, marketing exhibition, and/or other exploitation of the Content.

Please read our Moral Code of Conduct Policy prior to using the Platform.

7.  Notice To Parents And Guardians

By granting your child permission to use the Platform, you agree to these Terms and Conditions on behalf of your child. You are responsible for monitoring and supervising your child’s use of the Platform. If your child is using our Platform and is either under 18 or does not have your permission, please contact us immediately so that we can disable his or her access. If you have questions about whether the Platform is appropriate for your child, please contact us using the information provided at the end of this page.

8.  Learner payment Terms and Refunds

8.1  Learners can purchase Self-Paced Courses and Online Classes via the Platform. Learner’s access to the Services will continue as long as payments for the Services are made regularly on the due dates.

8.2  Learners will receive an invoice in their e-mail provided to SkillsRediscovery for the purchased Self-Paced Courses and Online Classes. Prices with respect to Self-Paced Courses and Online Classes may increase or decrease at any time Notwithstanding the foregoing, the prices for the Self-Paced Courses and Online Classes already enrolled into by the Learners will not change unless otherwise specified by us in writing. Changes to any rates will be posted on the Platform and you may be informed of such changes through e-mail communications.

8.3  Termination of access to Platform. Learners and SkillsRediscovery shall have the right to terminate the Learner’s access to the Platform at any time by providing notice of termination to the other. In the event of termination of Learner’s access by either Learner or SkillsRediscovery, Learner’s shall have no claims against SkillsRediscovery or its affiliates. Termination of Learner’s access to the Platform automatically terminates your license to use the Services and any Platform Content, Content or other material contained therein.

8.4  Learners may be eligible for refunds subject to our Refunds Policy.

9.  Data repository

Learners may provide their education records to us utilising which Learners can get analytics data and SkillsRediscovery may provide Service recommendations (“Education Vault”). We retain the right to share the data of the Learners provided to us in the Education Vault with our affiliates and other third parties for marketing, advertisements, and other purposes. Please read our Privacy Policy to know more about our privacy practices.

10.  Personal Data

To provide you with the services through the Platform, it is required that we collect information that may include (without limits) Your name, email address, phone number, mobile number, social media handles etc. (“Personal Data”). You agree that your data is collected by us through your consent. Please read our Privacy Policy to know more about what data is collected by SkillsRediscovery and how we utilise such data.

11.  Term

The Term begins as soon as you access the Platform and continues as long as you use the Platform. Clicking the button and entering your username means that you have officially “signed” these Terms.

12.  Account Registration

Some features of the Platform may be available to Visitors without registration. To use our Platform, you need to register for a user account on the Platform (“Account”). For continuous access to our Platform, it is suggested that you provide us with accurate, complete, and updated information wherever applicable. Failing to meet the aforesaid condition may result in the suspension of the respective user Account.

You agree not to (1) misrepresent yourself as someone else by selecting or using a username a name, email, or phone number of another person; (2) use, as a username, an offensive, vulgar, or obscene name; (3) use as a username a fictitious name or pseudonym.

You are solely liable and responsible for any activity that occurs on your Account. You agree and understand that you shall not share your user account password with anybody or do any such act which promotes unauthorized use of your user account. You shall take all measures to protect your password including but not limited to restricting the use of your device.

You must notify us immediately on our Platform of any change in your eligibility to use the Platform, breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either through the Services or through a request made on our Platform.

You understand and agree that by creating an account you agree to receive communication concerning marketing emails and SMS from us. You understand and agree that any communication or notification you receive from us electronically shall qualify as legal notice and meet all the legal notice requirements.

13.  Intellectual Property

13.1  The Platform contains Intellectual Property of SkillsRediscovery in the form of Content, graphics, videos, audios, text, and any other digital Content (“Platform Content”). This is an agreement for the use of Platform, and you are not granted a license to any Platform Content under these Terms and Conditions. Except to the extent that applicable laws prevent us from doing so, you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Platform; (ii) remove any proprietary notices or labels from the Platform Content; reproduce or copy the Platform Content or any part thereof; (iii) modify, translate, or create derivative works based on the Platform Content; (iv) copy, distribute, pledge, assign, or otherwise transfer or encumber rights to the Platform Content; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce automated agents or scripts to the Platform so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Platform; or (vii) allow third parties to gain access to the Platform, Content or to Platform Content in any manner other than as expressly permitted in these Terms.

13.2  You acknowledge and agree that the Platform, the names and logos and all related products and names, design marks and slogans, and all other material comprising the Platform, are the property of the SkillsRediscovery or its affiliates (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/or other intellectual properties owned by us or by other parties that have licensed their material to us. You are not authorized to use any of the Marks in any advertising, publicity, or any other commercial manner without the prior written consent of SkillsRediscovery. Your use of the Platform confers no title or ownership in the Platform or the Marks and is not a sale of any rights in the Platform or the Marks. All ownership rights remain in SkillsRediscovery or its third-party suppliers, as the case may be.

13.3  You acknowledge and agree that any comments, ideas and/or reports provided to us (“Feedback”) shall be the property of SkillsRediscovery and you hereby irrevocably transfer and assign to SkillsRediscovery such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.

13.4  It is our policy to limit access to our Platform of users who infringe the intellectual property rights of others, as a consequence of which we shall terminate your account. If you find that anything on our Platform infringes any copyright that you own or control please contact us using the information provided at the end of this page.

14.  Intellectual Property of Third Parties

All other trademarks, registered trademarks, product names and company names or logos used on the Platform are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder.

15.  Content of Third Parties

We may display content, advertisement, offers and hyperlinks from third parties through the Platform (“ThirdParty Content”). We do not control, endorse, or adopt any Third-Party Content, and We make no representations or warranties of any kind regarding such Third-Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that Your interactions with third parties providing Third-Party Content are solely between you and such third parties and that we are not responsible or liable in any manner for such interactions or Third-Party Content.

16.  Third-Party Services

The services provided by us through the Platform may permit you to link to other websites, services, or resources on the Internet, and other websites, services or resources may contain links to the Services. Also, Platform Content, Learner Content, and Content may contain links to other websites, services, or resources on the Internet. Third parties may provide services such as loan facilities via the Platform in which case the terms and conditions of such party shall apply. When you access third party resources on the Internet, you shall do so at your own risk. These other resources are not controlled by us, and you agree that we shall not be responsible or liable for including but not limited to the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link shall not imply our endorsement or any association in any way between us and their operators. You also agree that we will not be responsible or liable in any case, either directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such website or resource.

17.  Rating System

Learners will have the ability to (after completely availing Services or Self-Paced Course and/or Online Class completion) provide a public review which will be viewable by all users of the Platform (“Testimony”) and rate the Services of the Instructors through a star rating system on the Platform (“Rating”). Ratings or Testimonies reflect the opinions of the Learners who provide the same and do not reflect the opinion of SkillsRediscovery. Ratings and Testimonies are not verified by SkillsRediscovery for accuracy and may be incorrect or misleading. Ratings and Reviews are part of the Instructors’ SkillsRediscovery profile and may also be surfaced elsewhere on the SkillsRediscovery Platform.

18.  Termination 

We reserve the right to terminate your access to all or any part of the Platform at any point or time, without providing any cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Account. You may terminate your Account if you wish to do so by placing a request through our Platform. Any such termination shall immediately revoke the licenses granted under these Terms, and you shall effective immediately be prohibited from accessing or using the Platform, Content, and the Platform Content for any reason. The provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to Licenses, warranty disclaimers, ownership provisions, limitations of liability and indemnification.

19.  Release

To the maximum extent permissible by applicable law, you hereby absolutely release SkillsRediscovery and our affiliates from responsibilities including but not limited to, claims, causes of action, liability, expenses, demands, and/or damages (actual and consequential) of all kinds and nature, known and unknown and claims of negligence, that may arise from the use of or inability to use, or in relation to your use of and/or reliance on the Platform, including any disputes which may arise between users and the acts or omissions of third parties.

20.  Warranty Disclaimer

The platform is provided to you on an “as is”, “as available” basis. the use of services and is at the user’s sole risk. the platform is provided to you without warranty, representation, or guarantee of any kind whatsoever, either express or implied, including, but not limited to,  any warranties of title or accuracy and any implied warranties of merchantability, fitness for a particular purpose, or non-infringement and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed, with the sole exception of warranties (if any) which cannot be expressly excluded under applicable law. skillsrediscovery, our directors, employees, agents, suppliers, partners, and content providers do not warrant that: (i) the services are or will be secure or available at any particular time, instance or location; (ii) any defects material or not, or errors will be corrected; (iii) any/all content or software available at or through the services is free of viruses or other harmful components; (iv) any/all information is complete, accurate, up-to-date, or reliable; (v) any particular service, content, or product referred to in the services is safe, appropriate, or effective for your and/or your children; (vi) that results of using the platform will meet your requirements(vii) the use of the platform shall comply with any laws, rules, regulations, requirements, policies, qualifications, or best practices, including but not limited to privacy laws, professional licensure, or reimbursement; (viii) the use of the platform shall not result in legal duties or liability. we do not guarantee in any instance that any particular content or material shall be made available through the platform.

21.  Your Representations and Warranties

You hereby represent and warrant that you will not:

21.1  Violate any law, contract, intellectual property, or other third-party right or commit a tort, and that you are solely responsible for Your conduct, while accessing or using the Platform.

21.2  Provide false or misleading information to us or our affiliates.

21.3  Use the Platform in a manner that may disrupt or inhibit others from accessing or enjoying the Platform fully or partially.

21.4  Develop, utilize, or disseminate any software in any manner, that could damage, harm, or impair the Platform.

21.5  Access or attempt to access any feature or area of the Platform that you are not authorized to access.

21.6  Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Platform, extract data, or otherwise interfere with or modify the rendering Platform pages or functionality.

21.7  Use data collected from our Platform to contact individuals, companies, or other persons or entities.

21.8  Use data collected from our Platform for any direct marketing activity (including without limitation, email marketing, SMS marketing, telemarketing, and direct marketing).

21.9  Use the Platform for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms and Conditions.

Use the Platform or its network to carry out any illegal activities, or deliberately engaging in activities designed to adversely affect the performance of the Platform or its network.

22.  Indemnification

You acknowledge and agree that, you shall at all times defend, indemnify, and hold us harmless, including our affiliates and each of our and our affiliates’ including but not limited to, respective officers, directors, contractors, employees, agents, suppliers, and representatives against all liabilities, claims, fees, costs, penalties or sanctions, losses, expenses, and interest of any nature, including reasonable attorneys’ fees, arising out of or which may relate to: (a) your use or misuse of, or access to, the Platform; (b)your violation of any privacy, professional, ethics, licensing, or consumer protection laws, rules, or regulations; (c) your misuse of anyone’s private, proprietary, or personal data; (d) infringement by you (or any third party using your Account or identity in the Services) of any intellectual property or other rights of any person or entity; or (e) otherwise in violation of these Terms in any way. It is our right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you shall assist and cooperate with us in asserting any available defences at your expense, including reasonable attorneys’ fees incurred by us.

23.  Limitation of Liability 

The use of the platform is entirely at your own risk. In no case shall we, nor our officers, directors, employees, contractors, agents, partners, suppliers, content providers, or any users be liable to you under contract, tort, strict liability, negligence, or any other legal or equitable theory with regards to the platform for:

(i) Any lost profits, loss in revenue, loss of goodwill, any data loss, loss of use, cost of procuring substitute goods or services, other intangible losses, or indirect, incidental, special, punitive, compensatory, exemplary, reliance, punitive, liquidated, or any similar consequential damages of any type whatsoever (however arising),

(ii) Any, viruses, bugs, trojan horses, or the like (regardless of the source of origin),

(iii) Any personal injury or harm, including death, which is caused by your use or misuse of the platform,

(iv) Any claims, demands, or damages arising out user personal data theft including theft of financial details such as credit card and debit card details

(v) Any claims, demands, or damages arising out of or relating to any dispute between you and any other user of the platform, or

(vi) Any direct damages in excess of (in the aggregate) of or greater than any fees paid by you for using of particular services during the immediately previous three (3) month period. Remedies under these terms are exclusive and are limited to those expressly provided for in these terms. Nothing in these terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these terms.

24.  Governing Law and Dispute Resolution

The parties agree that the validity, operation, and performance of these Terms shall be governed by and interpreted in accordance with the laws of India applicable therein (notwithstanding conflict of law rules). The Parties do expressly and irrevocably concede to the jurisdiction of courts with respect to any matter or claim, suit, action or proceeding arising under or related to these Terms.

All disputes arising out of or in relation to this Agreement, including any question regarding its existence, validity, or termination, which cannot be amicably resolved by the Parties within 30 days of being brought to their attention (such period is referred to as the “Consultation Period”), shall be settled by arbitration first governed by the provisions of appropriate arbitration laws. If the Parties are not able to agree on a sole arbitrator, a panel of three arbitrators shall be appointed wherein each Party shall appoint one arbitrator, and the two arbitrators together shall appoint the presiding arbitrator. The venue/seat of Arbitration shall be Delhi, India and the language of the arbitration shall be English. A dispute shall be deemed to have arisen when either Party notifies the other Party in writing to that effect.

25.  Modification 

We shall have the right to make modifications or replace any of the Terms, or suspend, change, or discontinue the Platform (including but not limited to, the availability of any feature Content, or database,) at any time or instance by posting a notice through the Platform. We may also do so by sending you a notice via email, via the Platform, or by any other means of communication. We reserve the right to impose limits on certain features and services. We may, if required to do so restrict your access to parts or all of the Platform without notice or liability. We endeavour to try and provide notice of modifications to these Terms. However, you also agree that it is also your responsibility to make reasonable efforts to be aware of such modifications.

When you continue to use the Platform after notification of any modifications to the Terms shall mean acceptance of those modifications, and those modifications shall apply to your continued use of the Platform going forward. Your use of the Platform is subject to the Terms in effect at the time of such use.

26.  Miscellaneous

26.1  Entire agreement and severability: These Terms are the entire agreement between you and us with regards to the Platform, Platform Content and Content. These Terms supersede all prior contemporaneous communications and proposals made (whether oral, written, or electronic) between you and us with regards to the Platform. If any provisions mentioned in these Terms are found to be unenforceable or invalid, that particular provision or provisions will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. In the event of the failure of either Party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

26.2  Survival: Even if these Terms are terminated, the sections which by their nature ought to survive the termination of these Terms shall survive.

26.3  Relationship of the parties: You and SkillsRediscovery are independent contractors. These Terms shall not and do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship of any kind between the Parties. You shall not have any authority of any kind to bind us in any respect. Unless expressly stated otherwise in these Terms, there are no third-party beneficiaries to the Terms. We do not have any special relationship with you nor any fiduciary duty.

26.4  Force majeure: We will not be liable in any case for any failure or delay in the performance of our obligations for any reason hereunder if such failure results from: (a) any cause beyond our reasonable control, including but not limited to, mechanical, electronic or communications failure or degradation, denial-of-service attacks, (b) any failure by a third-party hosting provider or utility provider, (c) strikes, shortages, riots, fires, acts of God, war, terrorism, pandemics and governmental action.

26.5  Assignment: You agree that these Terms are personal to you, and are not assignable, transferable or sublicensable by you unless specified otherwise in writing. We reserve the right to assign, transfer or delegate any of our rights and obligations hereunder without obtaining consent.

26.6  Notices: All notices under these Terms shall be in writing unless otherwise specified in these Terms. Notices to us shall be sent by email to legal@sh111.global.temp.domains. You shall ensure written confirmation of receipt for notice to be effective. Notices to you shall be sent to your last known email address (or the email address of your successor, if any) and/or to any email address that would be reasonably likely to provide notice to you, and such notice shall be effective upon transmission.

26.7  No waiver: Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future.

26.8  Interpretation: The headers are provided only to make this agreement easier to read and understand.

27.  Contact

You may contact us through our Platform, or the address is given below:

Twashta Business Solutions Pvt. Ltd.

1704/122 Shanti Nagar Tri Nagar Delhi 110035

legal@sh111.global.temp.domains