Terms of Use

As updated on June 30, 2020

Terms of Use


Thank you for using SkillxPro!

SkillxPro's products and services are provided by NUSA Technologies Private Limited. These Terms of Use along with Privacy Policy (including the Acceptable Use Policy, Copyright and Trademark Infringement Policy, Grading Policy, Certification, 1-on-1 Mentorship, Refund Policy, Honor Code, and course-specific eligibility requirements, and other terms) ("Terms") govern your use of SkillxPro's website, apps, and other products and services ("Services"). As some of our Services may be software that is downloaded to your computer, phone, tablet, or other device, you agree that we may automatically update this software, and that these Terms will apply to such updates. Please read these Terms carefully, and contact us at [email protected] if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

Using SkillxPro

Who May Use our Services

You may use our Services only if you can form a binding contract with SkillxPro, and only in compliance with these Terms and all applicable laws. When you create your SkillxPro account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete.

Our License to You

Subject to these Terms and our policies (including the Acceptable Use Policy, Copyright and Trademark Infringement Policy, Grading Policy, Certification, 1-on-1 Mentorship, Refund Policy, Honor Code, and course-specific eligibility requirements, and other terms), we grant you a limited, personal, non-exclusive, non-transferable, and revocable license to use our Services. You are strictly prohibited from downloading or copying any content from our Services. You also agree that you will create, access, and/or use only one user account, unless expressly permitted by SkillxPro, and you will not share with any third party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Content Offerings

Changes to Content Offerings

SkillxPro offers courses and content ("Content Offerings") from corporates, law firms, universities and other providers ("Content Providers"). While we seek to provide world-class Content Offerings from our Content Providers, unexpected events do occur. SkillxPro reserves the right to cancel, interrupt, reschedule , or modify any Content Offerings, or change the point value or weight of any assignment, quiz, or other assessment. Content Offerings are subject to the Disclaimers and Limitation of Liability sections below.

No Academic Credit

Unless otherwise explicitly indicated by a credit-granting institution, participation in or completion of Content Offering does not confer any academic credit. Even if credit is awarded by one institution, there is no presumption that other institutions will accept that credit. You agree not to accept credit for completing a Content Offerings unless you have earned a SkillxPro Certificate or other equivalent documentation of your completion of the Content Offerings. SkillxPro, instructors, and the associated Content Providers have no obligation to have Content Offerings recognized by any educational institution or accreditation organization.

Disclaimer of User-Partner Relationship

Nothing in these Terms or otherwise with respect to your participation in any Content Offerings by university or company/firm partners ("Partners") : (a) establishes any relationship between you and any Partner; (b) enrolls or registers you in any Partner institution, or in any Content Offering offered by any Partner institution; or (c) entitles you to use the resources of any Partner institution beyond participation in the Content Offering.

Your Content

User Content

The Services enable you to share your content, such as homework, quizzes, exams, projects, other assignments you submit, posts you make in the forums, and the like ("User Content"), with SkillxPro, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include course content or other materials made available on or placed on to the SkillxPro platform by or on behalf of SkillxPro’s Content Providers or their instructors using the Services, the Content Offerings; as between SkillxPro and its Content Providers, such Content Offerings are governed by the relevant agreements in place between SkillxPro and its Content Providers.

How SkillxPro and Others May Use User Content

To the extent that you provide User Content, you grant SkillxPro a fully-transferable, royalty-free, perpetual, sublicensable, non-exclusive, worldwide license to copy, distribute, modify, create derivative works based on, publicly perform, publicly display, and otherwise use the User Content. This license includes granting SkillxPro the right to authorize Partners to use User Content with their registered users, on-campus learners, or other learners independent of the Services. Nothing in these Terms shall restrict other legal rights SkillxPro may have to User Content, for example under other licenses. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services ("Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, SkillxPro does not waive any rights to use similar or related Feedback previously known to SkillxPro, developed by its employees or contractors, or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, SkillxPro cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing [email protected].

Third Party Content

Through the Services, you will have the ability to access and/or use content provided by instructors, other users, and/or other third parties and links to websites and services maintained by third parties. SkillxPro cannot guarantee that such third party content, in the Services or elsewhere, will be free of material you may find objectionable or otherwise inappropriate or of malware or other contaminants that may harm your computer, mobile device, or any files therein. SkillxPro disclaims any responsibility or liability related to your access or use of, or inability to access and use, such third party content.

Copyright and Trademark Policy

SkillxPro respects the intellectual property rights of our users, Content Providers, and other third parties and expects our users to do the same when using the Services. We have adopted and implemented the SkillxPro Copyright and Trademark Policy in accordance with applicable law.

Education Research

SkillxPro is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the Content Offerings. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

Paid Services from SkillxPro

SkillxPro offers paid Services (e.g., courses, webinars, mentorship, etc.) for a fee. You are responsible for paying all fees charged by or for SkillxPro and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and SkillxPro reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy. Nothing in these Terms shall restrict the applicability to you of any institutional policies established by our Partners in connection with these courses; such policies shall supplement these Terms and to the extent there is a conflict between such policies and these Terms, as between you and our Partners, our policies shall govern.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop part of our Services altogether. Accordingly, SkillxPro may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. We may not be able to deliver the Services to certain regions or countries for various reasons, including due to applicable export control requirements or internet access limitations and restrictions from governments. None of SkillxPro, its Content Providers and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the " SkillxPro Parties") shall have any liability to you for any such action. You can stop using our Services at any time, although we'll be sorry to see you go.

Disclaimer

The Services and/or Content Offerings may contain typographical errors or inaccuracies and may not be complete or current. SkillxPro, therefore, reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice.

The Services, Content Offerings, and any information or SkillxPro Content are provided on an “as is” and “as available” basis with all faults.

SkillxPro makes no representations or warranties of any kind, whether expressed or implied, with respect to SkillxPro Content or services available on or through this Services and Content Offerings, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. SkillxPro makes no warranty that the services will meet the user's requirements or that the services will be uninterrupted, timely, secure, or error free; nor does SkillxPro make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected.

The user understands and agrees that the SkillxPro Content and all other information, data, or other material downloaded or otherwise obtained through or from the Services or Content Offerings is obtained at the user's own discretion and risk, and that the user will be solely responsible for any damage to the user, the user's computer system, electronic device or any loss of data that results from the download of such material or data.

No advice or information, whether oral or written, obtained by the user from SkillxPro or through or from the services, shall create any warranty by SkillxPro.

In the event you find that the information provided on the Services or Content Offerings is incorrect, or if you are the owner of any information or content and wish that such information or content is not displayed on the Services or Content Offerings, kindly notify us at the address provided at the bottom of the page.

Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE SKILLXPRO PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE SKILLXPRO PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SKILLXPRO PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE SKILLXPRO PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL SKILLXPRO'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED RS 2000/- (RUPEES TWO THROUSAND) OR THE TOTAL AMOUNT OF FEES RECEIVED BY SKILLXPRO FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE SKILLXPRO PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO SKILLXPRO'S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless the SkillxPro Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Services in violation of these Terms; (b) your violation of any law or rights of any third party; or (c) User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

In the event of your breach of these Terms, you agree that SkillxPro will be irreparably harmed and may not have an adequate remedy in money or damages. SkillxPro therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. SkillxPro’s right to obtain such relief shall not limit its right to obtain other remedies.

Any violation by you of the Terms may result in immediate suspension or termination of your accounts apart from any legal remedy that SkillxPro can avail. In such instances, SkillxPro may also disclose your account information if required by any Governmental or legal authority. You understand that the violation of these Terms could also result in civil or criminal liability under applicable laws.

The Terms shall be governed by and construed in accordance with the laws of India, without regard to conflict of law principles. Further, the Terms shall be subject to the exclusive jurisdiction of the competent courts located in Mumbai and you hereby accede to and accept the jurisdiction of such courts.

General Terms

Revisions to the Terms

We reserve the right to revise the Terms at our sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by us. For any material changes to the Terms, we will take reasonable steps to notify you of such changes, via a banner on the website, email notification, another method, or combination of methods. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability; Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Content Providers

SkillxPro's Content Providers, and integrated services providers are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

Notice

All notices served by SkillxPro shall be provided via email to your account. Any notice to be provided to the Company should be sent to [email protected]

Referenced Policies

1.     Acceptable Use Policy

2.     Copyright and Trademark Infringement Policy

3.     Grading Policy

4.     Certification

5.     1-on-1 Mentorship

6.     Refund Policy

7.     Honor Code


Acceptable Use Policy


SkillxPro's mission is to provide universal access to the world’s best education. We believe strongly in preserving free speech and expression for our users as well as academic freedom for our Content Providers and instructors. We also want to make sure that all of our users and instructors feel safe and comfortable while using our Services. We have drafted this Policy to ensure that people understand and follow the rules when participating in our online community and otherwise using our Services.

We may remove or edit inappropriate content or activity identified by or reported to us or suspend, disable, or terminate a user's access to all or part of the Services.

You are prohibited from using our Services to share content that:

·       Contains illegal content or promotes illegal activities with the intent to commit such activities.

·       Contains credible threats or organizes acts of real-world violence. We don’t allow content that creates a genuine risk of physical injury or property damage, credibly threatens people or public safety, or organizes or encourages harm.

·       Harrasses others. We encourage commentary about people and matters of public interest, but abusive or otherwise inappropriate content directed at private individuals is not allowed.

·       Violates intellectual property, privacy, or other rights. Do not share content that you do not have the right to share, claim content that you did not create as your own, or otherwise infringe or misappropriate someone else’s intellectual property or other rights. Always attribute materials used or quoted by you to the original copyright owner.

·       Spams others. Do not share irrelevant or inappropriate advertising, promotional, or solicitation content.

·       Otherwise violates the SkillxPro Terms of Use. Please note that specific Content Offerings may have additional rules and requirements.

You also aren't allowed to:

·       Do anything that violates local, state, national, or international law or breaches any of your contractual obligations or fiduciary duties.

·       Share your password, let anyone access your account, or do anything that might put your account at risk.

·       Attempt to access any other user's account.

·       Reproduce, transfer, sell, resell, or otherwise misuse any content from our Services, unless specifically authorized to do so.

·       Access, tamper with, or use non-public areas of our systems, unless specifically authorized to do so.

·       Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.

·       Try to reverse engineer any portion of our Services.

·       Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.

·       Use our Services to distribute malware.

·       Use our Services or any functionality of the SkillxPro platform for anything other than for completing online courses or for pedagogical purposes.

·       Impersonate or misrepresent your affiliation with any person or entity.

·       Encourage or help anyone do any of the things on this list.


Copyright and Trademark Policy


“Content” means any and all information and data, which may include but not be limited to text, software, scripts, graphics, maps, photos, sounds, music, videos, logos, offers, advertisements, interactive features and other materials.

The Services, Content Offerings, and related services are owned and operated by SkillxPro and its licensors. All Content or other material available on the Services or through the Content Offerings, including but not limited to online/live lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files (collectively “SkillxPro Content”), are the property of SkillxPro and/or its affiliates or licensors, and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian and foreign laws. All software used on the Services is the property of SkillxPro and is protected by Indian and international copyright laws.

SkillxPro logos, trademarks and service marks that may appear on the Services and in the Content Offerings (“SkillxPro Marks”) are the property of SkillxPro and are protected under Indian and foreign laws. All other trademarks, service marks and logos used on the Services, Content Offerings, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other Indian and international intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of SkillxPro.

As a condition of accessing the Services and/or using the Content Offerings, you agree not to (a) reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose any SkillxPro Content or any portion of it thereof, other than as expressly allowed under these Terms; and (b) use the SkillxPro Marks or the name, trademarks, service marks, or other materials of any Partner in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorised purpose.

Please verify all Content prior to use. In the event you come across any Content that is incorrect, infringing, offensive, indecent or objectionable, please notify us immediately at the address mentioned at the bottom of this page.

Additionally, from time to time, SkillxPro (or its third-party service providers, on behalf of SkillxPro) may request users to review SkillxPro Content or beta-test the Services. The works derived from such activity shall remain the sole and exclusive property of SkillxPro or its third-party service providers, as applicable.

Third-Party Intellectual Property

SkillxPro respects third-party intellectual property rights and actively supports protection of all third-party intellectual property including copyrights and trademarks (“IP”). It is our policy to expeditiously respond to clear notices of alleged IP infringement. If we receive proper notification of IP infringement, our response to such notices will include removing or disabling access to material claimed to be the subject of infringing activity.

SkillxPro shall not be held liable for the unauthorised use of any third-party IP, and the user that carries out such unauthorised use or infringes any IP available on the Services shall fully indemnify and hold SkillxPro harmless against any and all claims that may arise as a result of such use.

If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us with the following information:

·       an electronic or physical signature of the person authorised to act on behalf of the owner of the product, copyright or other intellectual property interest;

·       a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;

·       a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Platform/Program;

·       your address, telephone number, and email address;

·       a statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and

·       a statement by you, made under the penalty of perjury, that the aforementioned information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorised to act on such owner's behalf.

For notices of disputes or claims of copyright or other intellectual property infringement, please email us at [email protected].


Grading Policy


The grading in the Content Offerings “Grading” is subject to the Honour Code. Violation of Honour Code and/or the Terms shall disqualify you from Grading. To be eligible for the interview, certification from SkillxPro and/or 1-on-1 mentorship, you must attain an aggregate score of at-least 70% in each subscribed Content Offerings along with fulfilling other assessment conditions including time limits and the number of retakes “Minimum Grading Condition”. If you fail to fulfill the Minimum Grading Condition in the allotted number of retakes, you may contact us at [email protected] and SkillxPro may arrange further re-takes subject to additional charges. Once you fulfill the Minimum Grading Condition, after subsequent retakes authorised by SkillxPro, you shall be eligible for the Guaranteed Interview, Certification from SkillxPro, and/or 1-on-1 mentorship.


*Guaranteed Interview


SkillxPro's mission is to make you profession ready and help you get hired for your next right job. We organise theses interview with different players from the industry “Guaranteed Interview” and are committed to providing them with the best candidates. Guaranteed Interview is subject to fulfillment of Minimum Grading Condition. SkillxPro reserves the right to shortlist and select the organization that you will be Interviewed with. Guaranteed Interview is applicable only for the users who have subscribed to the eligible Content Offerings directly from www.skillxpro.com. 

*Note: Career support, interviews and other related services are applivable only for users who have subscribed to eligible Content Offerings i.e. full time course and are not applicable for users of masterclass and other short-format courses. To confirm if your course is eligible for career support, please contact us at [email protected] 



Certification


To be eligible to receive the certification and accreditation from SkillxPro and/or the Content Provider(s), you must fulfill the Minimum Grading Condition.


1-on-1 Mentorship


To be eligible 1-on-1 mentorship, you must fulfill the Minimum Grading Condition. 1-on-1 mentorship is applicable only for the users who have subscribed to the eligible Content Offerings directly from www.skillxpro.com. 


Refund Policy


Except for the Events mentioned below, SkillxPro does not offer refunds for any Services subscribed by you.

“Events”:

1.     SkillxPro’s failure to provide Certification on your fulfilment of the Minimum Grading Condition;

2.     SkillxPro’ failure to organise Guaranteed Interview Minimum on your fulfilment of the Grading Condition, within 6 months of issue of Certification; and

3.     Your failure to complete the subscribed Content Offerings due to technical issue in the Service that is solely attributable to SkillxPro.

Please also note that we treat violations of our Terms of Use and Honor Code very seriously, and we have no obligation to offer refunds to users who violate these terms, even if their requests are made for the Events mentioned above. Similarly, we have no obligation to offer refunds to users who are otherwise unsatisfied with the Services, Content Offerings and/or their grades.

Third Party Marketplaces

Notwithstanding the foregoing, if you purchase or subscribe for a course, Specialization, guided project, or purchase any other paid Service, through a third party marketplace (e.g., in-app purchases through the Apple App Store or purchases made through certain alternative payment services), the refund policy applicable to that third party marketplace will apply, unless otherwise explicitly stated by SkillxPro. Except as otherwise explicitly stated by SkillxPro, the third party marketplace will be solely responsible for making refunds under its refund policy, and SkillxPro will have no refund obligations. SkillxPro disclaims any responsibility or liability related to any third party marketplace's refund policy or the third party's compliance or noncompliance with such policy.


Honor Code


All users participating in the class must agree to abide by the following code:

1.     I will register for only one account, unless expressly permitted to register for additional accounts by SkillxPro.

2.     My answers to homework, quizzes, exams, projects, and other assignments will be my own work (except for assignments that explicitly permit collaboration).

3.     I will not make solutions to homework, quizzes, exams, projects, and other assignments available to anyone else (except to the extent an assignment explicitly permits sharing solutions). This includes both solutions written by me, as well as any solutions provided by the course staff or others.

4.     I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.