TERMS OF USE

 

Upskillme Academy is a venture of Cedro Systems Private Limited (the “Upskillme”, “we” “our” or “us”) and owns, operates and maintain the website https://upskillme.academy (“Website”). Upskillme  offers curated and specially designed industry-relevant world class skill development and training certification courses/programs online (“Courses/Programs”) whether accessed via computer, mobile device or other technology, manner or means. By accessing, using, availing, the Upskillme website, mobile applications and related API (the “Platform”) or related services (the “Services”), you are consenting to the use of your information (including but not limited to personal and non-personally identifiable information) in accordance with these Terms of Use (“Terms”), and our Privacy Policy.

Upskillme reserves the right, at its sole discretion, to change, modify, add or alter these Terms, at any time. You agree to review these Terms and our Privacy Policy periodically for any changes. Your continued use of the Site following any change to our Terms or Privacy Policy will mean that you agree and accept those changes and will constitute your agreement to be bound thereby. 

Definitions

Confidential Information” means information provided by one party to the other in written, graphic, recorded, machine readable or other form concerning the business, clients, suppliers, finances and other areas of the other party’s business or products, including, without limitation, the Course Materials, but does not include information in the public domain other than through the default of the party disclosing the information, information required to be disclosed by any court or regulatory authority, or any information already in the possession or control of the disclosing party.

Course Materials” means the information provided by Upskillme to accompany a course provided as part of the Services in hard copy or electronic form.

Content” includes, without limitation, any, recommendations, reviews, videos, audio clips, comments, courses, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by Upskillme on or through the Platform.

User Content” means Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Platform by its users.

Fees” means the fees paid by you to Upskillme for the Services.

Intellectual Property Rights” means copyright, rights in or relating to databases, patent rights, performers’ rights, designs and registered designs, trademarks, rights in or relating to Confidential Information and other intellectual property rights (registered or unregistered) throughout the world.

Online Course/Program” means the delivery by us of an online course pursuant to which you learn course materials remotely.

Services” means the provision of the Website Content, Programs, Online Course and/or the Course Materials together with such other services as agreed from time to time and purchased by you through the Upskillme Platform.

Users/you” means the individual accessing the Platform and/or purchasing the Services offered on it.

Services 

  1. As a part of our Services offered through our Website, we shall grant you access to view and access our content, courseware, practice tests, and other information, documents, and data which may be in audio, video, written, graphic, recorded, photographic, or any machine-readable format (“Content and Courseware”) in relation to the specific Course/Program you have registered for and/or purchased. You shall have access to course materials only for the duration of the subscription period.

  2. We reserve the right to amend, revise or update the Content and Courseware offered to you. In the event such an amendment, revision or updation occurs, we may require you pay an additional fee to access such amended, revised, or updated Content and Courseware.

  3. A description of the Services/ Programs together with the dates on which the Services/Programs will begin are available on our Website. We will provide the Services with reasonable care and skill in accordance with the description set out on the Website.

  4. We reserve the right to vary discontinue or withdraw any of the Services related to its Programs described on the Website at its sole discretion without notice. You agree that Upskillme shall not be liable to you or to any third party for any such variation, suspension or discontinuance.

  5. We expect you to confirm that the Services/Programs you are purchasing will meet your needs.  We do not make any guarantee to you that you will obtain a particular result, professional qualification or employment opportunity from your purchase and completion of any of the Services

  6. In order to avail our Services you must be 18 years of age or have attained the age of majority in your territory or country. Our Services may be accessed by a minor, only under the strict monitoring and guidance and control of an adult.

  7. You agree that Upskillme shall be under no liability whatsoever to you in the event of non-availability of the Platform or any portion thereof occasioned by Act of God, war, disease, revolution, epidemic, riot, civil commotion, strike, lockout, flood, fire, satellite failure, failure of any public utility, man-made disaster or any other cause whatsoever beyond the control of Upskillme.

Subscription Services

  1. You have the option to subscribe to a particular course or collection of courses (“Subscription Services“) and will be charged automatically, depending on payment frequency offered by Upskiillme and chosen by you, such as monthly/quarterly/yearly, as may be applicable.

  2. Upskillme retains the rights to modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience. But we will not make changes to the Subscription Service that materially reduces the functionality of the Subscription Service provided to you during the Subscription Term. We might provide some or all elements of the Subscription Service through third party service providers.

  3. Enrollment fees are inclusive of applicable GST as per prevailing rates (This is subject to changes in taxation rates, policy and/or related laws). If you are required to deduct or withhold any tax, you must pay the amount deducted or withheld as required by law. You agree to furnish a certificate establishing deduction/deposit of withheld tax if called upon and or asked by us.

Cancellation & Refund Policy

  1. Once the payment has been made through our payment gateway, the sale is considered final. We do not offer refunds on the Services, including the Subscription Services, offered and sold on our Platform.

  2. For exceptional situations, where a payment may have been made in error, you may immediately inform us within 3 hours of the payment. Our support team will work to resolve/reverse the payment in 5 – 7 working days.

  3. You may write to info@cedro.in for further clarification and information as needed.

Subscription and Account

    1. In order to avail the Services offered by Upskillme, you will be required to create an account (“User Account”) by undergoing a two-step verification process to verify your login credentials such as your phone number, by way of a one-time password which will be sent to your phone number simultaneously and/or by providing an email address and a password that is unique.

    2. You are mandatorily required to submit the following details to create and maintain an account with us:Name
      Email id
      Contact Number
      Address

    3. Accurate and complete registration is required to use our Services. At all times, you are responsible for your passwords and for any use of your account. 

    4. You agree that you will never divulge or share access to your User Account with any third party for any reason. You also agree that you will create, use and/or access only one User Account, and that you will not use any User Account other than your own.

    5. For Courses and Programs other than those that are either (i) free or (ii) covered by Subscription Services, enrolment to the same are subject to payment of fees (as an upfront payment) or as specified on the Platform and/or as may be communicated by email to you by Upskillme. We reserve the right to disable access to any content for which we have not received adequate payment.

Delivery of Services

  1. Upon payment of the Subscription fees or the fees for courses other than those that are either (i) free or (ii) covered by Subscription Services – in part or whole, depending on the Program – Upskillme shall deliver the terms of use of the Program and grant you access to the Program. The invoice may be provided to you along with the email confirmation or within fifteen (15) days thereafter. This shall be a proof of delivery against the successful payment of fees.

  2. Access to the Content and Courseware/Programs is restricted to attendees or students who have specifically been granted access by Upskillme. 

  3. Participants of Upskillme online live lectures and webinars shall be provided access to such classes via such means as Upskillme may decide. You agree not to share such access with any third party. If you are unable to attend an online live lecture/webinar, please provide Upskillme with prior intimation regarding this.

User Content

  1. All Content present on the Platform is the exclusive property of Upskillme and/or licensed to Upskillme. The content you post as a user remains yours. By posting User Content, you allow Upskillme to reuse and share it but you do not lose any ownership rights you may have over your content. By submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with Upskillme for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

  2. The personal information you submit is governed by our Privacy Policy, the terms of which shall govern in the event of any inconsistency with these Terms.

  3. We have no obligation, to monitor the material posted on the Platform. We shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Platform. In no event shall we assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. 

  4. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortuous, or otherwise unlawful information

Upskillme’s Right to Platform Content and License 

  1. During your use of our Services we grant you a limited, non-exclusive, non-transferable right to access and view our Services and any associated products for which you have paid all required fees, solely and only for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms. Except for what has been specifically provided for herein, no right, title, or interest shall be transferred to you

Restrictions on unlawful or wrongful use

    1. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content and information contained on or obtained through our Services unless we give you explicit permission to do so in a written agreement signed by an Upskillme authorized representative. 

    2. During your use of the Platform and the Services, you also undertake not to: 

      -insult, abuse, harass, stalk, threaten, or otherwise infringe the rights of others;

      -impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

      – publish, post, distribute or disseminate any defamatory, infringing, indecent, offensive or unlawful material or information.

      -decompile, reverse engineer, and disassemble any software or other products or processes accessible through our Services. 

      -insert any code or product or manipulate the content of our Services in any way; or use any data mining, data gathering or extraction method up on our Services. 

      -upload, install, transfer content, software or files which infringe intellectual property rights/laws or contain viruses, corrupted files, or any similar software that may damage the operation of the Platform or a device connected to the Platform. 

      -edit the Platform’s HTML source code, reverse engineer or attempt to hack into the Platform.

      -run spam services/scripts or do anything which could disrupt or interfere with the security or otherwise cause harm to the Upskill Platform infrastructure, including systems resources, accounts, servers or networks connected    or accessible to the Platform and in turn, the users.

      -communicate spam, advertise, or sell services such as digital downloads, eBooks, or phishing links.

      -copy, distribute, and indulge in plagiarism with website content or user submitted content.

      – use any content which violates any legal, regulatory, Governmental or network operator conditions or codes of practice.

    3. Additionally, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of our Services. We may terminate or restrict your use of our Services if you violate these Terms or engaged in any illegal or fraudulent use of our Services

Confidentiality

  1. If you use the Platform, you shall be responsible for maintaining the confidentiality of your password and you shall be responsible for all activities that occur under your display name and password. You  agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Website and refuse to provide you with access to the Website.

  2. Any use of the information you provide to us is subject to your understanding and acceptance of our Privacy Policy.

  3. Upskillme will send you information pertaining to your account (e.g. payment authorizations, notices, e-reports, authentications) in electronic forms only via your registered contact details as per our records.

Compatible Devices 

  1. Our Services can be available across various platforms, including the Upskillme website., mobile applications and any associated products which have been approved by us from time to time. Subject to compatibility, you may be able to access the Services through handheld devices, and other IP based connected devices or any other compatible system in addition to a desktop, laptop or any other computer device.

  2. Note that we may change or update the requirements for compatibility from time to time. The compatibility of such device will then depend on the software or systems provided and maintained by such manufacturer, or other parties. In such extreme scenarios, a device which might be compatible with our Services might cease to be compatible at a later point of time.

Communications 

When you use the Website or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and you consent to receiving communications via electronic records from us periodically and as and when required and specifically opted-in for. We may communicate with you by email or by any other recognized mode of communication, electronic or otherwise.

Termination

If you violate any of the conditions of the Terms, your permission to use the Service ends and ceases immediately. We may place limits, modify or terminate your right to access and use the Services at any time. This suspension or termination may delete information, files, and other content previously available to you. 

Indemnification 

You agree to indemnify, defend (if we so request), and hold harmless Upskillme, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable legal fees/costs) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party and/or any claim whatsoever brought about by a third party in respect of and/or your subscription/ enrollment/completion of courses offered by us. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

Warranties and Limitations 

You agree that your access to the Platform and our Services is at your own discretion. Our Services to you is provided “as is” and is without any warranty or condition, expressed or implied. Without limitation, we do not warrant fitness for any error-free and uninterrupted Services. However, these terms will not limit any warranties which may not be waived, or any other consumer rights which you may be entitled to under the applicable laws. 

Liability

To the maximum extent permitted by applicable law, Upskillme 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 (i) your access to or use of or inability to access or use the Services; (ii) any act and, or conduct and, or content and, or omission of any third-party vendor on the services including without limitation, any defamatory, offensive or illegal conduct of other users or third-parties; (iii) any content obtained from the Services; or (iv) unauthorized access, use or alteration of your transmissions or content.

Changes to Terms of Use and Assignment 

We may from time to time change and implement the Terms and we will notify you at least 30 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer. We recommend that you periodically check this page for any revised terms. Your continued use of the Services will be deemed to constitute your acceptance of al of such revised terms. 

Dispute Resolution

In the event of a dispute, difference or claim between us and you, the user, arising out of these Terms of Use, your use or attempted use of the Platform and Services or in any way relating thereto, or any term, condition or provision herein mentioned or the construction or interpretation thereof or otherwise in relation hereto, the same shall be settled in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as may be amended from time to time or its re-enactment (the “Arbitration Act”).  The said dispute shall be referred to and adjudicated by an arbitral tribunal (“Tribunal”) composed of a sole arbitrator and proceedings for appointment of the arbitrator shall be initiated not later than 30 days from the date on which reference of any dispute is raised. The arbitration shall be conducted in the English language. The seat of the arbitration proceedings is Gurugram, Haryana.

CONTACT US:

You may write to us at info@cedro.in for queries/clarifications regarding our Terms of Use.