LAST REVISION: 14th December 2020
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
SkillCulture™ is an Indian Marketplace for e-learning and freelancing. SkillCulture™ is a registered brand name of the legal entity Prowessca technology solutions (OPS) private limited. hereinafter referred as “The company”. Under the brand of SkillCulture™, the company offers marketplaces for e-learning courses, mentor services, freelancing and recruitment, referral services.
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This Terms of Service Agreement (the “Agreement”) governs your use of this website, https://skillculture.in (the “Website”), SkillCulture™ offer of products and services for purchase on this Website or group of websites (https://talent.skillculture.in, https://learn.skillculture.in, https://freelance.skillculture.in, https://careers.skillculture.in) or your purchase of products available on this Website. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. SkillCulture™ reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this Website. SkillCulture™ will alert you that changes or revisions have been made by indicating on the top of this Agreement the date it was last revised. The changed or revised Agreement will be effective immediately after it is posted on this Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. SkillCulture™ encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website. This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with SkillCulture™ for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website. If you would like to print this Agreement, please click the print button on your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website offers for sale of certain products (the “Products”). By placing an order for Products through this Website, you agree to the terms set forth in this Agreement.
Customer Solicitation: Unless you notify our third-party call center reps or direct SkillCulture™ sales reps, while they are calling you, of your desire to opt-out from further direct company communications and solicitations, you are agreeing to continue to receive further emails and call solicitations SkillCulture™ and its designated in house or third party call team(s).
Opt-Out Procedure: We provide 3 easy ways to opt-out of future solicitations. 1. You may use the opt-out link found in any email solicitation that you may receive. 2. You may also choose to opt-out, via sending your email address to harvest@skilculture.in.
3. You may send a written removal request to our registered address.
Proprietary Rights. SkillCulture™ has proprietary rights and trade secrets in the Products. You may not copy, reproduce, resell or redistribute any Product manufactured and/or distributed by SkillCulture™ . SkillCulture™ also has rights to all trademarks and trade dress and specific layouts of this webpage, including calls to action, text placement, images, and other information.
Sales Tax. If you purchase any Products, you will be responsible for paying any applicable sales/service tax.
II. WEBSITE
Content; Intellectual Property; Third-Party Links. In addition to making Products available, this Website also offers information and marketing materials. This Website also offers information, both directly and through indirect links to third-party websites, about educational and career enhancement skills. SkillCulture™ does not always create the information offered on this Website; instead, the information is often gathered from other sources. To the extent that SkillCulture™ does create the content on this Website, such content is protected by intellectual property laws of India, foreign nations, and international bodies. Unauthorized use of the material may violate copyright, trademark, and/or other laws. You acknowledge that your use of the content on this Website is for personal, noncommercial use. Any links to third-party websites are provided solely as a convenience to you. SkillCulture™ does not endorse the contents on any such third-party websites. SkillCulture™ is not responsible for the content of or any damage that may result from your access to or reliance on these third-party websites. If you link to third-party websites, you do so at your own risk.
Use of Website; SkillCulture™ is not responsible for any damages resulting from the use of this website by anyone. You will not use the Website for illegal purposes. You will (1) abide by all applicable local, state, national, and international laws and regulations in your use of the Website (including laws regarding intellectual property), (2) not interfere with or disrupt the use and enjoyment of the Website by other users, (3) not resell material on the Website, (4) not engage, directly or indirectly, in the transmission of “spam”, chain letters, junk mail or any other type of unsolicited communication, and (5) not defame, harass, abuse, or disrupt other users of the Website
License. By using this Website, you are granted a limited, non-exclusive, non-transferable right to use the content and materials on the Website in connection with your normal, noncommercial, use of the Website. You may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization from SkillCulture™ or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content on the Website, you hereby grant SkillCulture™ a perpetual, worldwide, non-exclusive, royalty-free, assignable, right and license to use, copy, display, perform, create derivative works from, distribute, have distributed, transmit and assign such content in any form, in all media now known or hereinafter created, anywhere in the world. SkillCulture™ does not have the ability to control the nature of the user-generated content offered through the Website. You are solely responsible for your interactions with other users of the Website and any content you post. SkillCulture™ is not liable for any damage or harm resulting from any posts by or interactions between users. SkillCulture™ reserves the right, but has no obligation, to monitor interactions between and among users of the Website and to remove any content SkillCulture™ deems objectionable, in Prowessca‘s sole discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SkillCulture™ 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 PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE UPON OR USE OF THE WEBSITE CONTENT OR PRODUCTS. (“PRODUCTS” INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SkillCulture™ MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY WEBSITES ARE TO INFORMATION THAT 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.
AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE CORRECTED.
REGARDING ANY PRODUCTS PURCHASED OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IV. LIMITATION OF LIABILITY
SkillCulture™ ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING, FOR PRODUCTS PURCHASED VIA THE WEBSITE.
SkillCulture™ WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT; (3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
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.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless SkillCulture™, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs, and expenses, including reasonable attorneys’ fees and expenses, of third parties relating to or arising out of (1) this Agreement or the breach of your warranties, representations and obligations under this Agreement; (2) the Website content or your use of the Website content; (3) the Products or your use of the Products (including Trial Products); (4) any intellectual property or another proprietary right of any person or entity; (5) your violation of any provision of this Agreement; or (6) any information or data you supplied to SkillCulture™. When SkillCulture™ is threatened with suit or sued by a third party, SkillCulture™ may seek written assurances from you concerning your promise to indemnify SkillCulture™; your failure to provide such assurances may be considered by SkillCulture™ to be a material breach of this Agreement. SkillCulture™ will have the right to participate in any defense by you of a third-party claim related to your use of any of the Website content or Products, with counsel of SkillCulture™ choice at its expense. SkillCulture™ will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend SkillCulture™ against any claim, but you must receive SkillCulture™ prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of this Agreement or your use of the Website or Products.
VI. PRIVACY
SkillCulture™ believes strongly in protecting user privacy and providing you with notice of Prowessca‘s use of data. Please refer to the SkillCulture™ privacy policy, incorporated by reference herein, that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products or services, you acknowledge that you have read and agree to be bound by this Agreement and all terms and conditions on this Website.
VIII. GENERAL
Force Majeure. SkillCulture™ will not be deemed in default hereunder or held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to earthquake, flood, fire, storm, natural disaster, the act of God, war, terrorism, armed conflict, labor strike, lockout, or boycott.
Cessation of Operation. SkillCulture™ may at any time, in its sole discretion and without advance notice to you, cease operation of the Website and distribution of the Products.
Entire Agreement. This Agreement comprises the entire agreement between you and SkillCulture™ and supersedes any prior agreements pertaining to the subject matter contained herein.
Effect of Waiver. The failure of SkillCulture™ to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Governing Law; Jurisdiction. This Website originates from the [City, State]. This Agreement will be governed by the laws of the State of [Law State Name] without regard to its conflict of law principles to the contrary. Neither you nor SkillCulture™ will commence or prosecute any suit, proceeding or claim to enforce the provisions of this Agreement, to recover damages for breach of or default of this Agreement, or otherwise arising under or by reason of this Agreement, other than in courts located in State of [State Name]. By using this Website or ordering Products, you consent to the jurisdiction and venue of such courts in connection with any action, suit, proceeding, or claim arising under or by reason of this Agreement. You hereby waive any right to trial by jury arising out of this Agreement and any related documents.
Statute of Limitation. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or Products or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Waiver of Class Action Rights. BY ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO JOIN CLAIMS WITH THOSE OF OTHER IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF, RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. SkillCulture™ reserves the right to terminate your access to the Website if it reasonably believes, in its sole discretion, that you have breached any of the terms and conditions of this Agreement. Following termination, you will not be permitted to use the Website and SkillCulture™ may, in its sole discretion and without advance notice to you, cancel any outstanding orders for Products. If your access to the Website is terminated, SkillCulture™ reserves the right to exercise whatever means it deems necessary to prevent unauthorized access to the Website. This Agreement will survive indefinitely unless and until SkillCulture™ chooses, in its sole discretion and without advance to you, to terminate it.
Domestic Use. SkillCulture™ makes no representation that the Website or Products 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. SkillCulture™ may assign its rights and obligations under this Agreement in its sole discretion and without advance notice to you.
BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
For more information on the company please visit https://www.prowesca.com
SkillCulture™ is committed to protecting any personal information that we may receive while you access our website and mobile application. We believe it is important for you to know how we treat information about you that we may receive when you engage with us. This Privacy Policy is devised to help you feel more confident about the privacy and security of your personal details. ‘You’ shall mean You, the User of the Website/ Application and ‘Yourself’ interpreted accordingly. ‘We’ / ‘Us’ means SkillCulture™ and ‘Our’ interpreted accordingly. ‘Users’ means the Users of the Website/ application collectively and/or individually as the context allows.
SkillCulture™ is an Indian Marketplace for e-learning and freelancing. SkillCulture™ is a registered brand name of the legal entity Prowessca technology solutions (OPS) private limited. herein after referred as “The company”. Under the brand of SkillCulture™, the company offers marketplaces for e-learning courses, mentor services , freelancing and recruitment, referral services.
Our website address is: https://learn.skillculture.in.
We receive both information that is directly provided to Us, such as personal information You provide when You visit the Website/ mobile application, and information that is passively or automatically collected from You, such as information collected from the browser or device You used to access Our Website or Services. In this Privacy Policy, we refer to all this as the ‘User Information’. To explain further,
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracking your interaction with the embedded content if you have an account and are logged in to that website.
By entering Your User Information, You accept that We may retain Your User Information and that it may be held by Us or any Partners that processes it on Our behalf. We, along with Our Partners, shall be entitled to Use Your User Information for the following purposes:
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
Cookies and Web Becons
You should be aware that information and data may be automatically collected through the Use of Cookies or web beacons or similar tracking technologies. “Cookies” are text files placed in your computer browser that store basic information that a Website can use to recognise repeat site visits and as an example, recall Your name if this has been previously supplied. We may use this to understand Your service and internet usage, observe behaviour and compile aggregate data in order to improve or customize our products, services offerings or the Website, target the advertising and assess general effectiveness of such advertising. Cookies do not attach to Your system and damage Your files. If You do not want information collected through the Use of Cookies, there is a simple procedure in most browsers that allows You to deny or accept the Cookie feature. Note, however, that “personalised” services may be affected if the cookie option is disabled.
For example, We may use Cookies to personalize Your experience at our Services (e.g., to recognize You by name when You return to Our Website), save your password in password-protected areas. We also may use Cookies or other tracking technologies to help Us offer You products, offerings or services that may be of interest to You when You visit this Website. We or a third party platform with whom We work may place or recognize a unique cookie on your browser to enable You to receive customized offers, services on this Website. These Cookies contain no information intended to identify You personally. The Cookies may be associated with de-identified demographic or other data linked to or derived from data You voluntarily have submitted to Us (e.g., your email address) that we may share with a service provider solely in hashed, non-human readable form.
We and our Partners may also use “web beacons” or clear GIFs, or similar technologies, which are small pieces of code placed on Our Website or in an email, to monitor the behaviour and collect data about the visitors viewing Our Website or email. For example, web beacons may be used to count the users who visit a web page or to deliver a cookie to the browser of a visitor viewing that Website. Web beacons may also be used to provide information on the effectiveness of our email campaigns (e.g., open rates, clicks, forwards, etc.).
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Security is very important to Us. All security procedures are in place to protect the confidentiality, integrity and availability of Your User Information. We maintain strict physical, electronic, and administrative safeguards to protect Your User Information including your personal information from unauthorized or inappropriate access.
We follow generally accepted standards to collect, store and protect personal data, including the use of encryption. We retain personal data for as long as it is needed to provide the services you have requested, and thereafter for legal and service purposes. These may include retention periods mandated by legal, contractual, or similar obligations; for resolving, preserving, enforcing or defending our legal and contractual rights; needed to maintain adequate and accurate business and financial records or how you access, update, or delete your data etc.
This website will take all reasonable efforts to ensure the confidentiality of personal data, uploaded information etc. and will take reasonable efforts to ensure that the information received from you is not misused. This website also reveals personal data/information uploaded by you in connection with any lawful process. While this website will take the above reasonable measures to guard against misuse of personal data/information submitted to it by you, this website cannot guarantee that someone will not overcome our security measures, including, without limitation, the security measures implemented on this Web site. Therefore, your posting of personal data/ information on this Web site constitutes your acceptance of this risk, and by posting of personal data/information, you waive any right to seek legal relief from this website due to any misuse of your information.
We may disclose the User Information as follows:
Security is very important to Us. All security procedures are in place to protect the confidentiality, integrity and availability of Your User Information. We maintain strict physical, electronic, and administrative safeguards to protect Your User Information including your personal information from unauthorized or inappropriate access.
We follow generally accepted standards to collect, store and protect personal data, including the use of encryption. We retain personal data for as long as it is needed to provide the services you have requested, and thereafter for legal and service purposes. These may include retention periods mandated by legal, contractual, or similar obligations; for resolving, preserving, enforcing or defending our legal and contractual rights; needed to maintain adequate and accurate business and financial records or how you access, update, or delete your data etc.
This website will take all reasonable efforts to ensure the confidentiality of personal data, uploaded information etc. and will take reasonable efforts to ensure that the information received from you is not misused. This website also reveals personal data/information uploaded by you in connection with any lawful process. While this website will take the above reasonable measures to guard against misuse of personal data/information submitted to it by you, this website cannot guarantee that someone will not overcome our security measures, including, without limitation, the security measures implemented on this Web site. Therefore, your posting of personal data/ information on this Web site constitutes your acceptance of this risk, and by posting of personal data/information, you waive any right to seek legal relief from this website due to any misuse of your information.
This Privacy Policy is governed by and operated in accordance with the laws of India. If any of the parties wish to seek legal recourse, they may do so by using the courts of law in Hyderabad.
We may change this privacy policy from time to time and You should check these regularly. Your use of the Website will be deemed an acceptance of the privacy policy existing at that time.
Prowessca tech solutions (OPC) Pvt ltd
Camarilla, 66, Camelot place
Kondapur , Hyderabad -84
harvest@skillculture.in