Last updated May 10, 2020
INTRODUCTION AND ACCEPTANCE OF TERMS
Eduskill provides many services (each a Service and together the Services) through its website(s) located at www.eduskill.org and www.eduskillmooc.com as well as any other websites and applications owned, operated, or controlled by us (each a Website and collectively the Websites), including, without limitation, all information, content, services, and materials made available through any Website, social media channels, or other online or onsite channels that enable you to participate in any Eduskill online educational programs (collectively, the Online and / or blended learning course s) and related services, such as careers services, or any part thereof For clarity, Eduskill offers certain Online and / or blended learning course s through its partners and associates that are curated, specially designed, and produced which are referred to as Online and related educational programs. A verified certificate of accomplishment upon conclusion of the applicable Online and / or blended learning course ("Verified Certificate"), shall be awarded, in the sole discretion of Eduskill and/or by its partners and the instructors for the Online and / or blended learning course s, to Students (defined below) who have completed the course to the satisfaction of Eduskill including without limitation being in compliance with all Eduskill policies.
Eduskill may also offer Online and / or blended learning course s in partnership with accredited universities and other educational institutions, corporate sponsors and non-profit foundations and institutions (each an Educational Partner) whereby academic credit or certification may be offered solely by that Educational Partner. Eduskill may also partner with companies who will sponsor or pay for Online and / or blended learning course s for Users or those companies employees/associated persons.
Eduskill and the instructors of the Online and / or blended learning course s further reserve the right to alter, modify or rearrange the schedule of topics for the Online and / or blended learning course s, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online and / or blended learning course s and other related services promoted online, Students acknowledge that Eduskill and the instructors maintain the right and ability to adapt, modify or revise the Online and / or blended learning course s as Eduskill and the instructors deem appropriate.
ACCESS AND USER ACCOUNTS
The term "User" refers to a Visitor, Student, Attendee, Mentor, or any other person that participates, interacts with, or otherwise makes use of any of the Services and/or any Eduskill community (e.g., moderators, volunteers, or experts-in-residence).
User Accounts: In order to use, access, or take part in many of our Services, including the Online and / or blended learning course s or to provide Mentor Services, you must select a login identification ("User ID") and a unique user password ("User Password") (collectively, a "User Account"). You agree that you will never divulge or share access to your User Account with any third party for any reason.
In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter, for example, to confirm identity prior to receiving a credential of completion of a Eduskill program. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment any Online and other Courses, or a partners programs, to the extent applicable.
If you are Visitor, we may contact you through our in-website and in-mobile app notification, messaging and chat services while you browse the Services. You consent to receive these notifications and messages. We also provide information on our Websites for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.
STUDENT AND ATTENDEE COMMUNICATIONS
Agreement to Receive Electronic Communications.
Agreement to Receive Autodialed or Pre-recorded Calls and SMS Messaging.
You further understand and consent that we may, upon notice at time of contact, monitor, or record telephone conversations between us (or our service providers) and you or anyone acting on your behalf has with us or our agents for quality control and training purposes or for our own protection. You acknowledge and understand that, while your communications with us may be overheard, monitored, or recorded, not all telephone lines or calls may be recorded by us, and we do not guarantee that recordings of any particular telephone calls will be retained or retrievable.
ONLINE AND / OR BLENDED LEARNING COURSE S PROVIDED BY EDUCATIONAL PARTNERS.
Any such credit or certification you receive for participation in Online and / or blended learning course s or other related educational services provided by an Educational party, may only be awarded directly by that Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive such credit or certification. In no event will Eduskill have any authority or responsibility with respect to any award of academic credit or certification provided by an Educational Partner for any Online and / or blended learning course .
Not For Credit:
If you are not accessing, using, or taking an Online and / or blended learning course on the Eduskill Websites provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of Eduskill, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online and / or blended learning course ("Verified Certificate"), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner. You acknowledge and agree that instructors of any Educational Partner provided Online and / or blended learning course will not be obligated to make any attempts to get the course recognized by any accredited or other educational institution and you will abide by the Student Conduct Policy listed below.
Educational Partner Online and / or blended learning course Payment:
Online and / or blended learning course s you purchase for academic credit or certification from an Educational Partner or for certification from the Eduskill site are eligible for refund under terms specified in the section entitled "Payment Terms" below. If a refund is issued, you'll no longer receive certification and associated services for the course, but can continue to access the free courseware when available.
SPONSORED AND SCHOLARSHIP SERVICES PURCHASES
If you access prepaid, gift, promotional, scholarship, or sponsored subscription products or services for any Online and / or blended learning course and partners program or other Eduskill prepaid or third party paid subscriptions ("Sponsored Services"), the Payment Method will be authorized for the number of months of the service noted in the product description for the payment amount indicated. Services may then be activated by the eligible User by enrolling with us or through other means contractually executed with Eduskill.
EMPLOYEE AND ENTERPRISE SPONSORED ACCESS
USER CONDUCT POLICY
In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, "Unauthorized Content"):
To the extent you are registered or enrolled as a student in, or are otherwise attending, an Online and / or blended learning course provided by an Educational Partner or other institution with its own policy regarding student and/or employee conduct or an "honor code," those terms shall apply to you as a student and/or employee of such institution.
EDUSKILL’S INTELLECTUAL PROPERTY RIGHTS
The Services are owned and operated by Eduskill and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the "Content"), are the property of Eduskill and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under Indian law.
Eduskill logos, trademarks and service marks which may appear on the Website(s), throughout the Services and in Online and / or blended learning course s ("Marks"), are the property of Eduskill and are protected under Indian laws. All other trademarks, service marks, and logos used on the Services, 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 federal and state 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 Eduskill.
From time to time, Eduskill may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Eduskill and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
LICENSE TO USE THE SERVICES
In some instances, some of the Content belonging to our licenses and provided in connection with the Online and / or blended learning course s, may require you to agree to that licensor’s terms and conditions. Eduskill has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.
LICENSE TO EDUCATIONAL CONTENT
As used herein, "Educational Content" means a subset of the Content containing the educational materials made available to you through the Online and / or blended learning course s, including such online lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, programming assignments, code samples, and other educational materials and tools.
Without limiting the generality of the terms of the License, the following are types of uses that Eduskill expressly defines as falling outside of the definition of "non-commercial":
Eduskill may provide Users with the ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites or Online and / or blended learning course s, e.g., questions, hypotheticals, examples, etc. (collectively, "User Content"). Eduskill is not responsible that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. Eduskill does not claim ownership of any User Content you, or other Users, may submit or make available for inclusion on the Websites or Online and / or blended learning course s. Accordingly, subject to the license granted to Eduskill below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content that you submit, post, or share via our Services.
From time to time, Eduskill (or its third-party service providers on behalf of Eduskill) may request Users to make subtitles or captions for, or translations of, Content such as lecture videos and other Educational Content, and submit such subtitles, captions, or translations to Eduskill through a Eduskill website/portal or the website/portal of Eduskill’s service provider. In the event that Eduskill (or its service providers) makes such a request to you, Eduskill will grant to you a freely revocable, worldwide, non- exclusive, non-transferable, non-sub licensable limited right and license to make such subtitles, captions or translations provided that you agree to submit such subtitles, captions or translations to Eduskill (or its applicable service provider), and such subtitles, captions and translations shall be considered User Content and subject to the license, representations, and warranties below (even if you fail to submit the subtitles, captions or translations to Eduskill); and further provided that, you acknowledge and agree that by creating or submitting any such subtitles, captions or translations, you shall not obtain any rights or license in or to Eduskill’s and its affiliate’s intellectual property, including but not limited to the Educational Content, related materials, or any underlying content. For clarity, the foregoing license to make subtitles, captions or translations, if given, shall in no way expand or otherwise affect, expressly or impliedly, the terms of the License, and any such license is given under this section and not under the License. In the event that you use any tools or other services of Eduskill’s service provider(s) in order to make subtitles, captions or translations, you agree to comply with any terms and conditions imposed by such service provider.
With respect to any User Content you submit to Eduskill (including for inclusion on the Websites or Online and / or blended learning course s) or that is otherwise made available to Eduskill, you hereby grant Eduskill an irrevocable, worldwide, perpetual, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Websites or in the Online and / or blended learning course s or otherwise exploit the User Content, with the right to sublicense such rights (to multiple tiers), for any purpose (including for any commercial purpose); except that, with regard to User Content comprised of a subtitle, caption or translation of Content, you agree that the license granted to Eduskill above shall be exclusive. Eduskill reserves the right to remove any User Content at any time and for any reason.
To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Eduskill to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, (c) as between you and Eduskill, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the India or the country in which you reside.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the India or the country in which you reside.
FORUM, BLOG, AND CHATROOM SERVICES
SOCIAL SHARING AND EDUSKILL PROFILES
You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties’ access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offences or proceedings (viii) information relating to unlawful or objectionable conduct, or (ix) any Social Security Number or national identification number or Aadhar No, Voter ID, or Pan no.
You also should be aware that your Profile or other information you share socially may be visible and/or monitored by your current employer if they have access to the Website(s). In addition, if your employer has sponsored or paid for your Online and / or blended learning course , your access to our career services offering may be disabled.
IDEA AND FEEDBACK SUBMISSIONS; BUG REPORTING
Any ideas and/or feedback you may have regarding our Services may only be submitted at firstname.lastname@example.org.
Please note, at this time we are not accepting unsolicited bug reports, and will not provide rewards or payment for such submissions.
SERVICES AVAILABILITY AND LIMITATIONS
You acknowledge and agree that Eduskill’s Services, including paid services and products, are not available at all times, and that certain usage limits may apply. Please refer to the applicable FAQ for additional information about limitations and hours of availability. You also understand that Eduskill, at its sole discretion, may limit, suspend, or terminate your use of any of the Services, including, without limitation those related to the Online and / or blended learning course s, such as access to Mentors, evaluation services, career services, records of Online and / or blended learning course completion, or other Eduskill Services. You also understand that Eduskill may modify or discontinue any or all of the Services related to its Online and / or blended learning course s at its sole discretion.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND ONLINE AND / OR BLENDED LEARNING COURSE S (INCLUDING ANY CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, ONLINE AND / OR BLENDED LEARNING COURSE S, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES, , CONTENT, OR THE ONLINE AND / OR BLENDED LEARNING COURSE S WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE ONLINE AND / OR BLENDED LEARNING COURSE S WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES, SUCH AS CHAT ROOM SERVICES, WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.
LIMITATION OF LIABILITY
SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
LINKING TO THIRD-PARTY SITES AND CONTENT
The Websites and/or Online and / or blended learning course s may contain links to pages or content on third-party websites ("Linked Sites"), and those Linked Sites may contain content or offer products and/or services for sale. Eduskill does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Websites or Online and / or blended learning course s at any time for any reason or for no reason. EDUSKILL WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
TERMINATION OF RIGHTS
COPYRIGHT INFRINGEMENT CLAIMS & DISPUTE PROCEDURE
Eduskill respects the rights and intellectual property of others, and we ask our Users to do the same. 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 Eduskill’s Copyright Agent with the following information:
Eduskill’s Copyright Agent for notices of disputes or claims of copyright or other intellectual property infringement can be reached as follows:
Copyright Agent Eduskill, M.I.G.-84, Preetam Nagar Colony, Allahabad, Uttar Pradesh 211011 India. Phone 9654807520 Email: email@example.com
Legal Disputes and Arbitration Agreement Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court
Initial Dispute Resolution. We are available by email at legal@Eduskill.org to address any concerns you may have regarding these Terms or your use of the Services. Most concerns may be quickly resolved in this manner. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court. For all dispute purpose, the place will be High Court, Allahabad, India.
Class Action and Class Arbitration Waiver. You and Eduskill each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and Eduskill each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception - Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state of Uttar Pradesh Courts located in Allahabad, India. (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Allahabad, Uttar Pradesh, India for any litigation other than small claims court actions. In the event of litigation relating to these Terms, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
"Online and related educational" is a registered trademark of Eduskill. © 2013–2020 Eduskill Technologies Private Limited, India.
Eduskill is not an accredited university in India or elsewhere and we don't confer any traditional degrees. Eduskill Online and related educational programs represent collaborations with our academic and industry partners who help us develop our content and who hire many of our program graduates.
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