2. Additional Agreements
From time to time, We may update these Terms to clarify our practices or to reflect new or different practices, such as when We add new features, and Skills Alpha Learning Private Limited reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If We make any material change to these Terms, We will notify You using prominent means such as by email notice sent to the email address specified in Your Account or by posting a notice through Our Services. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of Our Services after changes become effective shall mean that You accept those changes. You should visit the Services regularly to ensure You are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms. Skills Alpha Learning Private Limited may modify the Services or discontinue their availability at any time. You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use. If You elect to access or use Our Services that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize Skills Alpha Learning Private Limited to charge Your credit card to pay the fees. Your use, access and other activities relating to the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to Our Services from territories where their contents are illegal is prohibited. Those who choose to access or use the Services from locations outside India do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy.
You may only access the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services. Skills Alpha Learning Private Limited reserves the right to remove any registered user from a training course whose behavior is deemed inappropriate, in such case Skills Alpha Learning Private Limited will neither be liable to refund any fees or reimburse any other costs. You agree not to use the course Content for any self to recruit, solicit, or contact in any form, Instructors or potential users for employment or contracting for a business not affiliated with Us without Our advance written permission, which may be withheld in Our sole discretion.
5. Specific Obligations of Users:
As a User, You represent, warrant and covenant that:
1. You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Services or registering for a Course.
2. You are over the age of 18, or, if not, You will only use the Services with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an Account or register or purchase Courses.
3. You will provide true, accurate, current and complete information about yourself as prompted by the relevant registration form.
4. You shall maintain and promptly update your personal data via updating ‘My Profile’ section in the website.
5. You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.
6. You will not post or provide any inappropriate, offensive, regional, communal, political, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.
7. You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company Content, the Services or Courses or Submitted Content except as permitted by these Terms as applicable.
8. You will not frame or embed the Services to circumvent the Services.
9. You will not impersonate another person or gain unauthorized access to another person’s Account.
10. You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
11. You will not disclose any personal information to an Instructor, and otherwise will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information.
12. You will not solicit personal information from any other user.
To enroll and access the selected online course, you will need to register and obtain an account and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of Your account, UserName, and password (collectively, Your “Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that the data provided by you for activating your Account information will be accurate always. You must notify Us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying Us of unauthorized access to Your Account.
You may not transfer Your Account to any other person and You may not use anyone else’s Account at any time. In cases where You have authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such user; (ii) controlling that user’s access to and use of the Services; and (iii) the consequences of any misuse.
7. Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content”. Where Skills Alpha Learning Private Limited provides Content to you in connection with the enrolled Online course, including, without limitation, the software, the products, images and the site, it is ” Skills Alpha Learning Private Limited ‘s Content”. Content remains the proprietary property of Skills Alpha Learning Private Limited and is protected, without limitation, pursuant to the copyright and other intellectual property laws as applicable in India.
Skills Alpha Learning Private Limited hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use the Content, for which You have paid all required fees, solely for Your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with online course/s. All other uses are expressly prohibited absent our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Content unless we give you explicit permission to do so. Skills Alpha Learning Private Limited ‘s Content is licensed, and not sold, to You.
SKILLS ALPHA LEARNING PRIVATE LIMITED RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. All rights not expressly granted in these Terms are retained by the Content owners i.e. Skills Alpha Learning Private Limited and these Terms do not grant any implied licenses.
8. Pricing, Payment & Taxes
1. Course Fees.
Skills Alpha Learning Private Limited reserves the right of determining the pricing/course fees of the various training courses offered through its website. Skills Alpha Learning Private Limited also reserves the right to change the prices/course fees either by intimating the change via Notice of new pricing/course fees or without any prior notice of such change. Skills Alpha Learning Private Limited further reserves the right to launch discounts at various locations in India and the discounts so launched shall be subject to the terms and conditions and availability.
All payments shall be made to Skills Alpha Learning Private Limited. Skills Alpha Learning Private Limited shall not invoice for fees, or accept payment by installments, the course fees shall be paid in full. The Course fees paid by the user to Skills Alpha Learning Private Limited for the courses are non-refundable and non-transferable.
The above fees paid is inclusive of all taxes as applicable
The trademarks, service marks, and logos (the “Trademarks”) used and displayed through in any course content are our registered or unregistered Trademarks and are protected pursuant to trademark laws. All rights are reserved and You may not alter or obscure the Trademarks, or link to them without Our prior approval.
10. Disclaimer of Warranties
YOUR USE OF THIS WEBSITE AND/OR SERVICES ARE AT YOUR SOLE RISK. THE WEBSITE AND SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SKILLS ALPHA LEARNING PRIVATE LIMITED EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SKILLS ALPHA LEARNING PRIVATE LIMITED MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
11. Limitation of Liability
SKILLS ALPHA LEARNING PRIVATE LIMITED’s ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH RESPECT TO THE WEBSITE CONTENT, COURSES AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, FOR SERVICES PURCHASED VIA THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You hereby indemnify, defend and hold harmless Skills Alpha Learning Private Limited, 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.
Entire Agreement. These Terms and any policies applicable to You posted on Our Services constitute the entire agreement between you and Skills Alpha Learning Private Limited and supersedes any prior agreements pertaining to the subject matter contained herein.
Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
Survival: Sections 4,5,7,9,10,11,12,13 and all representations and warranties shall survive termination.
Force Majeure: Skills Alpha Learning Private Limited will not be deemed in default hereunder or held responsible for any cessation, interruption or delay in performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, lockout or boycott.
Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Skills Alpha Learning Private Limited / user to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Notice: Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
No Agency: Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither Skills Alpha Learning Private Limited nor any other party to these Terms shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Jurisdiction: These Terms and Your use of the Services shall be governed by the laws of India. In the event of any dispute or difference arising between Skills Alpha Learning Private Limited & the user, the courts in Pune, Maharashtra shall have exclusive jurisdiction to try any matter arising hereto
Domestic Use: Skills Alpha Learning Private Limited makes no representation that the Website are appropriate or available for use in locations outside India. Users who access the Website from outside India do so at their own risk and initiative and must bear all responsibility for compliance with any applicable local laws.
Assignment: You may not assign your rights and obligations under this Agreement to anyone. Skills Alpha Learning Private Limited may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
Cancellation: The services once opted cannot cancelled