SkillSign Terms of Service
Welcome to SkillSign, an online skill assessment organisation to help you learn new skills and achieve industry certifications
to MoveUp your career. The provisions set forth below (the "Agreement") state the terms and conditions that together constitute
the entire agreement governing your use of the website located at www.SkillSign.com (the "Website") and the services and materials
offered thereon ("Services ") by SkillSign Learning Solutions Pvt Ltd ("SkillSign").
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. If you do not agree to be
bound by the terms of this Agreement, please discontinue your use of the Website immediately.
Unless otherwise indicated, the copyright in the content of this Website, including the screens displayed on the website, is owned
by SkillSign. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works
based on, or distribute in any way any portion of the Website, including but not limited to the code and software underlying the
Website.Purpose of Website.Any information provided by SkillSign is not intended to replace, and should not be interpreted or
relied upon as professional advice from SkillSign, whether legal or otherwise. Accordingly, please consult with your own professional
experts for all advice concerning legal matters, human resource matters, and the like that may be discussed on this Website.
The Website is accessible to you through a computer or other access device. Its content may include information, testing material,
editorial content, images, videos, social forums, and links to other websites. You are responsible for all charges associated with
accessing the Website.
Access to Certain Portions of the Website
Access to certain portions of the Website is restricted to members of SkillSign, holders of certain SkillSign certifications, and
others. To become eligible to access any such portions of the Website, you may be required to give SkillSign certain information.
You agree to provide true, accurate, and complete information and to update this information when it changes. If you provide any
information that is untrue, inaccurate, incomplete, or misleading, or if SkillSign suspects that you have provided any
untrue, inaccurate, incomplete, or misleading information, SkillSign may, in its sole discretion, suspend or terminate
your membership, certification status, and/or right to access all or part of this Website. If SkillSign assigns you a user ID
and/or password to enable you to access restricted portions of the Website, you are solely responsible for maintaining the
confidentiality of your ID, password, and other account information. You will be responsible for all usages of the Website made
with your user ID and or password. You agree that you will notify SkillSign immediately of any unauthorized use of your password,
user ID, or account, or any other breach of security. You agree that you will log off of the Website immediately when you are
finished using it in order to prevent fraud by unauthorized persons.
Restrictions on Usage
As a condition to your right to use the Website, you will not:
(a) engage in any activity that disables the Website or
otherwise impedes its operation or limits its availability to others;
(b) alter in any way the content of the Website;
(c) use the Website to post or otherwise disseminate any unlawful, threatening, defamatory, offensive, obscene, vulgar,
pornographic, profane, indecent, or fraudulent communication of any kind, as determined by SkillSign in its sole discretion;
(d) use the Website to post or otherwise disseminate any communication that infringes or dilutes any intellectual property or
that violates any person's rights of privacy or publicity;
(e) use the Website to transmit any virus, bot, worm, Trojan horse,
or other harmful software;
(f) use the Website to post or disseminate any communication that encourages or assists any other
person to engage in illegal activities;
(g) utilize the Website or any information contained in the Website to assist in any
way with the transmission of unsolicited email messages to any other person;
(h) impersonate any other person or entity or
misrepresent any fact about yourself;
(i) distribute, transfer, or disseminate any information derived from the Website through
or onto a searchable, machine-readable database;
(j) use the Website to collect information about other users of the Website;
(k) attempt to use the Website to gain unauthorized access to other computer systems or networks connected to the Website.
Proprietary Rights; Limited License
All content on the WebSite and available through the Service, including text, pictures, graphics, designs, video, applications,
software, sound and other files, and their selection and arrangement (the "Website Content"), is the proprietary property of
SkillSign, its partners, its users or its licensors with all rights reserved. No Website Content may be modified, copied,
distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means,
in whole or in part, without SkilllSign's prior written permission, except that the foregoing does not apply to your own User
Content (as defined below) that you legally post on the Website.
Provided that you are eligible for use of the Website, you are granted a limited license to access and use the Website and the Website Content to which you have properly gained access
provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Website
Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any
does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Website or the
Website Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly
prohibited and will automatically terminate the license granted herein. Such unauthorized use may also violate applicable laws
including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein,
implication or otherwise. The limited license granted herein is revocable at any time without notice and with or without cause.
All purchases of SkillSign products and Services are considered final and binding.
User Content Posted on the Website
SkillSign does not own any data, information or material that you submit to the Service in the course of using the Service
Content and any intellectual property rights or other proprietary rights associated with your User Content. You are solely
responsible for the text, software, video, music, photos, messages, notes, information (including information about you and your
profile), and any other content that you upload, publish or display (hereinafter, "post") on the site or through the Service, or
transmit to or share with other users (collectively the "User Content"). You hereby represent and warrant that you own or have the
necessary licenses, rights, consents, and permissions to use and authorize SkillSign to use all patent, trademark, trade secret,
copyright or other proprietary rights in and to any and all User Content to enable inclusion and use of the User Content in the
Service that you did not create or that you do not have permission to post.
However, if you are using Free Edition of SkillSign services and publish any User Contention the Website you agree
unconditionally to grant a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, modify, reproduce,
adapt, publish, translate, create derivative works from, distribute, and exercise all copyright and publicity rights with respect
to any such work worldwide. By posting User Content to any part of the Website, you authorize and direct SkillSign to make such
copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. You may
remove your User Content from the Website at any time. If you choose to remove your User Content, SkillSign remove all of your
content from its Website within a commercially reasonable time, however you acknowledge that the Company may retain archived copies
of your User Content. You understand and agree that the Company may, but is not obligated to, review the Website and may delete or
remove (without notice) any Website Content or User Content in its sole discretion, for any reason or no reason, including User
harm or violate the rights, or threaten the safety, of users or others. You are solely responsible at your sole cost and expense
for creating backup copies and replacing any User Content you post or store on the Website or provide to the Company.
Monitoring by SkillSign
SkillSign has the right, but not the obligation to monitor the use of the Website. If SkillSign monitors the use of the Website,
SkillSign may examine, copy, and record any information relating to your usage of the Website. SkillSign reserves the right to
disclose any such information in order to comply with any law, regulation, or governmental request. SkillSign shall have the right,
but not the duty, to remove any communication that SkillSign, in its sole discretion, finds to be objectionable or inappropriate.
Third Party and Partner Interactions
During use of the Service at the Website, you may enter into correspondence with, purchase goods and/or services from, or
participate in promotions of advertisers, sponsors and third party hosted service providers ("academies") showing their goods and/or services through the Service. Any such activity,
and any terms, conditions, warranties or representations associated with such activity are solely between you and the applicable
third-party. SkillSign shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion
between you and any such third-party. SkillSign does not endorse any sites on the Internet that are linked through the Service and
in no event shall SkillSign or its licensors be responsible for any content, products, or other materials on or available from such
In no event shall SkillSign and its affiliates be liable for any direct, indirect, incidental, special, incidental, consequential or exemplary
damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of
or in connection with the Website its services or this agreement (however arising, including negligence).
Charges and Payment of Fees
You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a
fee or charge is due and payable. The initial charges will be equal to the selected services requested during the signup. Payments
must be made according to selected plan in advance unless otherwise mutually agreed upon in a paper based or online Order Form. All
payment obligations are non-cancellable and all amounts paid are non-refundable. You are responsible for paying for all services
ordered for the entire License Term, whether or not such services are actively used. You must provide SkillSign with valid credit
card or approved purchase order information as a condition to signing up for the Service. SkillSign reserves the right to modify
its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice provided to you by e-mail or by
posting the changes to the SkillSign Website (www.skillsign.com). All pricing terms are confidential, and you agree not to disclose
them to any third party.
Pricing and Billing
SkillSign charges and collects in advance for use of the Service. SkillSign's fees are exclusive of all taxes, levies, or duties
imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only taxes
based solely on SkillSign income. You agree to provide SkillSign with complete and accurate billing and contact information. If the
contact information you have provided is false or fraudulent, SkillSign reserves the right to terminate your access to the Service
in addition to any other legal remedies. SkillSign does not accept any liability for such loss.
SkillSign reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service
(or any part thereof) with or without notice.
Non-Payment and Suspension
In addition to any other rights granted to SkillSign.com herein, SkillSign reserves the right to downgrade, suspend or terminate
this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). If there is a Free Edition
available, your access to Service will be downgraded to the Free Edition level. Downgrading or suspending your Service may cause
the loss of Content, features, or capacity of your Account. Delinquent invoices (accounts in arrears) are subject to interest
of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection.
You will continue to be charged for licenses (minimum usage fee) during any period of suspension. If you or SkillSign initiates
termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges
and Payment of Fees section or accordance with the statement-of-work. SkillSign reserves the right to impose a reconnection fee in
the event you are suspended and thereafter request access to the Service. You agree and acknowledge that SkillSign has no obligation
to retain User Content and that such User Content may be irretrievably deleted if your account is 30 days or more delinquent.
This Agreement commences on the Effective Date. For SkillSign Free Edition services and licenses, the term is indefinite and
may be terminated at any time in SkillSign's sole discretion. For all other editions, the Initial Term will be as you elect during
the online subscription process or as otherwise mutually agreed upon in an Order Form. Upon the expiration of the Initial Term,
either party may terminate this Agreement or amend the agreement scope by notifying the other party in writing at least five (5)
business days prior to the date of the invoice for the following term. In the event this Agreement is terminated
(other than by reason of your breach), SkillSign will make available to you a file of the User Content (in SkillSign's file format)
within 30 days of termination if you so request at the time of termination.
Termination for Cause
Any breach of your payment obligations or unauthorized use of the SkillSign Technology or Service will be deemed a material breach
of this Agreement. SkillSign, in its sole discretion, may terminate your password, account or use of the Service if you breach or
otherwise fail to comply with this Agreement. In addition, SkillSign may terminate a free account at any time in its sole discretion.
THE INFORMATION AND MATERIALS CONTAINED IN THIS WEBSITE, INCLUDING TEXT, GRAPHICS, LINKS, AND OTHER ITEMS ARE PROVIDED ON AN
"AS IS" BASIS. SKILLSIGN DOES NOT WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF THE INFORMATION AND MATERIALS AND EXPRESSLY
DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION AND MATERIALS. NO WARRANTY OF ANY KIND, IMPLIED OR STATUTORY,
INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONNECTION WITH THE INFORMATION AND MATERIALS.
Limitation of Liability
IN NO EVENT WILL SKILLSIGN BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR OTHER DAMAGES, LOSSES, OR EXPENSES ARISING IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY FAILURE OF
PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM
FAILURE, EVEN IF SKILLSIGN OR REPRESENTATIVES THEREOF ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, OR EXPENSES. SKILLSIGN
SHALL NOT BE LIABLE FOR ANY CONSEQUENCES OF YOUR RELIANCE ON ANY ADVICE, OPINIONS, STATEMENTS, OR RECOMMENDATIONS THAT APPEAR ON OR
ARE DISSEMINATED THROUGH THIS WEBSITE. ANY SUCH RELIANCE IS AT YOUR OWN RISK. SKILLSIGN SHALL NOT BE LIABLE FOR ANY DEFAMATORY,
OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. SOME STATES DO NOT ALLOW THE DISCLAIMER OR LIMITATION OF INCIDENTIAL OR
CONSEQUENTIAL DAMAGES, SO THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. SOME STATES DO NOT ALLOW
LIMITATIONS ON HOW LONG IMPLIED WARRANTIES MAY LAST, SO THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU. THIS SECTION
GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS. THESE OTHER RIGHTS VARY FROM STATE TO STATE.
Acknowledgment of Warranty Disclaimers
Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials
available on this Website, including but not limited to SkillSign privacy and security policies. You acknowledge and agree that
SkillSign would not have made this Website available to you without the warranty disclaimers and the limitations on liability and
remedy that appear in this Agreement.
You agree to defend, indemnify, and hold harmless SkillSign, its affiliates, and their respective directors, officers, employees,
and agents from and against all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs,
and expenses (including reasonable attorneys fees) arising out of or accruing from
(i) any material posted or otherwise provided
by you that infringes any copyright, trademark, trade secret. trade dress, patent or other intellectual property right of any person
or defames any person or violates their rights of publicity or privacy;
(ii) any misrepresentation made by you in connection
with your use of the Website;
(iii) any noncompliance by you with the terms of this Agreement; and
(iv) any claims brought
by persons or entities other than you or SkillSign arising from or related to your access and use of the Website, including the
information obtained through the Website. Notwithstanding anything else to the contrary contained elsewhere herein or otherwise at
law, SkillSign's liability (whether by way of indemnification to you or otherwise) shall be restricted to a maximum of
INR 1000 (Indian Rupees One Thousand only).
SkillSign, at its sole discretion, and for any reason or for no reason, may terminate your password or your access to all or part
of the Website, and may delete and discard any information that you have published, sent or received on or via the Website.
No SkillSign trademarks or trademarks owned by any other person that appear on this Website may be copied, downloaded, or otherwise
utilized without the express written consent of the owner of such trademark.
Membership in the SkillSign Service is void where prohibited. This Website is intended solely for users who are thirteen (13) years
of age or older. Any registration by, use of or access to the Website by anyone under 13 is unauthorized, unlicensed and in
SkillSign reserves the right but not the obligation to terminate your right to use the Website if SkillSign determines, in its sole
and absolute discretion, that you are involved in an activity that infringes the intellectual property of others. SkillSign seeks
to accommodate, and not interfere with, standard technical measures used by copyright owners to protect their materials. All claims
of infringement must be submitted to SkillSign in a written complaint that complies with the requirements below and is delivered to
our designated agent to receive notification of claimed infringement.
You can submit any such complaint by e-mail at email@example.com
Any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other property
right must include the following information:
1. A physical or electronic signature of a person authorized to act on behalf of:
(i) the owner of the proprietary right that is
allegedly infringed; or
(ii) the person defamed.
2. An identification of the work claimed to have been infringed.
3. An identification of the material that the claimant alleges is infringing, along with information that enables SkillSign to
locate such material.
4. Information that enables SkillSign to contact you.
5. A statement that you believe in good faith that the activity in question is an infringement and violates the law.
6. A statement under penalty of perjury, that the information in the notification is accurate and that you are authorized to
act on behalf of the owner of an exclusive right that is allegedly being infringed or that you are authorized to act on behalf of
the person allegedly being defamed.
SkillSign may, in its sole discretion, modify or discontinue the information and materials contained in this Website (including the
terms, conditions, and descriptions that appear herein) and any other aspect of the Website at any time without prior notice and
without liability. All new features, tools, content and resources added to augment or enhance the current service shall be subject
to the Terms of Service. Services and products offered on the Website are not necessarily available in all geographic areas. Your
eligibility to obtain particular services and products is subject to the final determination of SkillSign. Your continued use of
Governing Law and Choice of Forum
These terms and conditions are governed by and shall be construed in accordance with the laws of the Republic of India and any
dispute shall exclusively be subject to the jurisdiction of the appropriate Courts situated at Bangalore, Karnataka, India.
No Assignment by User
You may not assign any of your rights, obligations, or privileges under this Agreement without the prior written consent of SkillSign.
If any provision of this Agreement is deemed unlawful, void, or otherwise unenforceable, then that provision shall be considered
severable from this Agreement. Such provision shall be enforced to the fullest extent allowed by law to achieve the intention of
the parties. The severable provision shall not affect the validity and enforceability of any remaining provisions of the Agreement.
No waiver of any provision of this Agreement will be effective unless set forth in a written instrument signed by the waiving
party. No waiver of any breach or default shall be deemed a waiver of any subsequent breach or default.
The captions, titles, and subtitles used in this Agreement are used for convenience only and are not to be considered in construing
or interpreting this Agreement. No waiver by SkillSign of any provision of these Terms and Conditions shall be binding except as set
forth in writing and signed by its duly authorized representative.If any dispute arises between you and SkillSign during your use of
the Website or thereafter, in connection with and arising from your use or attempt to use this Website, the dispute shall be
referred to arbitration. The arbitration proceedings shall be in the English language.The said arbitration proceedings shall be
governed and construed in accordance with the Arbitration and Conciliation Act, 1996 and modifications thereof as in force at the
relevant time. The place of arbitration shall be Bangalore.