Terms & Conditions

Introduction

Welcome to www.skillxp.com. This website is owned and operated by www.skillxp.com. By visiting our website and accessing the information, resources, services, products, and tools we provide, you understand and agree to accept and adhere to the following terms and conditions as stated in this policy (hereafter referred to as ‘User Agreement’), along with the terms and conditions as stated in our Privacy Policy (please refer to the Privacy Policy section below for more information).

 

This agreement is in effect as of June 21, 2018.

We reserve the right to change this User Agreement from time to time without notice. You acknowledge and agree that it is your responsibility to review this User Agreement periodically to familiarize yourself with any modifications. Your continued use of this site after such modifications will constitute acknowledgment and agreement of the modified terms and conditions.

 

Responsible Use and Conduct

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (hereafter referred to as ‘Resources’), you agree to use these Resources only for the purposes intended as permitted by (a) the terms of this User Agreement, and (b) applicable laws, regulations and generally accepted online practices or guidelines.

 

Wherein, you understand that:

    • a. In order to access our Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
    • b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access our Resources. Accordingly, you are responsible for all activities that occur under your account/s.
    • c. Accessing (or attempting to access) any of our Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of our Resources through any automated, unethical or unconventional means.
      d. Engaging in any activity that disrupts or interferes with our Resources, including the servers and/or networks to which our Resources are located or connected, is strictly prohibited.
      e. Attempting to sell, trade, or resell our Resources is strictly prohibited.
      f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
    • g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
      1. Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language
      2. Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party
      3. Contains any type of unauthorized or unsolicited advertising;
      4. Impersonates any person or entity, including any www.skillxp.com employees or representatives.
      5. We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
    • h. We do not assume any liability for any content posted by 3rd party writers at our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of www.skillxp.com, and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use our Resources. All information provided as part of our registration process is covered by our privacy policy.
      1. You agree to indemnify and hold harmless www.skillxp.com and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfil any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defence of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

 

Privacy
Your privacy is very important to us, which is why we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our privacy policy is included under the scope of this User Agreement. To read our privacy policy in its entirety, click here.

 

Warranty

The Content is provided in accordance with the agreement provided in this document. While we made reasonable effort on the accuracy of the Content to correctly present the research carried out in subject domains, www.skillxp.com does not warrant the accuracy of such information. Other than as expressly provided above the content is provided “as is” “where is” without representation, warranty or condition of any kind, either express or implied, including, but not limited to the implied representations, warranties or conditions of merchantability, or fitness for a particular purpose. www.skillxp.com  does not represent or warrant that the content will meet your requirements. The entire risk as to the quality and performance of the content is with you. By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:the use of our products will meet your needs or requirements; the use of our products will be uninterrupted, timely, secure or free from errors.; the information obtained by usingour products will be accurate or reliable, and; any defects in the operation or functionality of any products we provide will be repaired or corrected.

 

Furthermore, you understand and agree that:

  1. It is the Customer’s responsibility to refer to the range of training courses provided by skillxp.com, prior to purchasing, to ensure that the selected courses meet the required criteria. SkillXP provides professional course material based on comprehensive research, care and skill but accepts no liability in the event that the selected programme is unsuitable for you or your participant requirements. Any content downloaded or otherwise obtained through the use of our Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  2. no information or advice, whether expressed, implied, oral or written, obtained by you from skillxp.comor through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

 

Limitation of Liability

In no event shall www.skillxp.com or any of its affiliates or content providers be li able for any incidental, indirect, punitive, exemplary or consequential damages whatsoever (including damages for loss of profits, interruption, loss of business information or any other pecuniary loss).

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree without any objection that any claim against us shall be limited to the amount you paid ONLY, for any use of products and/or services.

www.skillxp.com  will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using our products\resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply. It is your responsibility to refer to the range of training courses provided by www.skillxp.com, prior to purchasing, to ensure that the selected courses meet the required criteria. www.skillxp.com provides professional course material based on comprehensive research, care and skill but accepts no liability in the event that the selected programme is unsuitable for you or your participant requirements.

 

Copyrights/Trademarks
All content and materials available on www.skillxp.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of www.skillxp.com, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by www.skillxp.com.

 

Intellectual Property & Patent Indemnification -Indemnity under Indian Contract Act 1872

  1. With this clause you agree to indemnify SkillXP and its affiliates, its content providers, content writers, content researchers, content collators, and their respective owners, directors, officers, employees, shareholders, partners and agents (collectively, the “SkillXP / TPCL Parties”) harmless from all costs and expenses related to any suit, claim or proceeding brought against SkillXP based on a claim that any article or apparatus, or any part thereof constituting goods or services furnished in this website, as well as any device or process necessarily resulting from the use thereof, constitutes an infringement of any patent, copyright, trademark, trade secret or other intellectual property right of any third party.
  2. Indemnitor hereby indemnifies Indemnitee and its directors, employees, agents, and officers, as well as their respective successors, assigns, and heirs, against all and any damages that arise or result from claims of patent infringement brought by a third-party subject to limitations as found in this agreement. Indemnitee must provide proper notice to Indemnitor and recognize that the Indemnitor has the right to control and defend such claims in any manner it deems appropriate.  Indemnitor further has the right to authorize, negotiate, and consent to settlements.
  3. Indemnitor will hold harmless, defend, and indemnify Indemnitee against any and all third-party claims or liabilities addressed within the scope of this Agreement. Indemnitor will defend, hold harmless, and indemnify Indemnitee and related parties from and against any third-party claims and liabilities, including, without limitation, reasonable attorney fees and costs, regardless of the form of action or claim that arises out of or is in connection to the copyrighted work. Indemnitor further agrees to defend against claims of misappropriation, infringement, and invalid licensing of the copyrighted work provided that Indemnitor received prompt notice of the action in writing and in English
  4. As a Buyer oras a Seller or as a contractor or as an individual, or as an organization, or as an agent, or as a supplier, or as an author, or as a trainer, or as a consultant or a human being you will indemnify, defend, and hold harmless SkillXP(collectively, the “SkillXP / TPCL Parties”), SkillXP parent, subsidiaries and affiliates and each of such parties’ respective parents, subsidiaries, affiliates, present or former directors, officers, employees, representatives, contractors, consultants, agents, successors and assigns (collectively, the “Indemnified Parties”) from and against any and all losses, liabilities, penalties, damages, costs and expenses (including attorneys’ fees and expenses) incurred by or asserted against any of the Indemnified Parties arising out of or based upon  any third party claim that any Service, Deliverable, or any part thereof infringe upon or violate any copyright, trademark, trade secret, patent, or any other proprietary right of any person or entity and the basis for such a claim does not rely on any information, material, property or work;

 

Certain Copyright Issues

The Company respects the intellectual property of others, and we ask our users to do the same. The Company may, in appropriate circumstances and at its discretion, remove, or disable access to material on the Web Site that it believes or is notified may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company’s Copyright Agent the following information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the site;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

The Company’s Copyright Agent for notice of claims of copyright infringement on the Web Site can be reached by sending e-mail to: legal@SkillXP.com.

 

Termination of Use

You emphatically agree that we may, at our sole discretion, suspend or terminate your access to all or part of our website and Resources with or without notice and for any reason, including, without limitation, breach of this User Agreement. Any suspected illegal, fraudulent or abusive activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities. Upon suspension or termination, your right to use the resources we provide will immediately cease, and we reserve the right to remove or delete any information that you may have on file with us, including any account or login information.

 

Governing Law

This website is controlled by www.skillxp.com from our offices located in the state of Haryana, India. It can be accessed by most countries around the world. As each country has laws that may differ from those of Haryana, by accessing our website, you agree that the statutes and laws of Haryana, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in India, Haryana You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

 

Guarantee

Unless otherwise expressed, www.skillxp.com expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.

 

Acknowledgement

You hereby clearly acknowledge that you have read this agreement,understand it, and had an opportunity to seek independent legal advice prior to agreeing to it. In consideration of www.skillxp.com agreeing to provide Training Materials, you agree to be bound by the terms and conditions of this agreement. You furtheragree that it is the complete and exclusive statement of the agreement between you and www.skillxp.com (collectively, the “SkillXP / TPCL Parties”),which supersedes any proposal or prior agreement, oral or written, and any other communication between you and www.skillxp.com relating to the subject of this agreement.

 

Contact Information

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

Legal & Administration

SkillXP Inc

C1/527, PV,

Gurgaon, Haryana 1222017, India

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