This User Agreement describes the terms and conditions on which you are allowed to use our Website and Services provided therein. We have incorporated by reference all linked information.
In This User Agreement:
1. “Account” means the account you open when you register on the Website.
2. “Company” Company means SkillWorld Network Private Limited or entity owning SkillWorld brand and business.
3. “Seller” means any Brand, Corporate, firm, Dealer or any entity who is selling a product or services and whose product or services is being promoted through SkillWorld platform.
4. “Service Champions or Brand Associate” means any individual who has enrolled on the site for skill development and undertakes any subsequent work such as lead generation or providing any services as required.
5. “Buyer” means any user who is referred by the Brand Associate /Service Champions to the Seller through SkillWorld platform and he or she has purchased the referred product or service.
6. “Respondent” means any individual or entity who is approached for any information , survey, audit, inspection or any other services as required by SkillWorld or Service User.
7. “Service User” means any entity who is using the services of “Service Champions/Brand Associates” through SkillWorld for any specified task.
8. “Account Holder” means any individual who has registered with SkillWorld as an Associate or a Service Champion.
9. “Freelancers” means any individual registering on the SkillWorld platform to provide his or her services to the Buyer.
10. “Inactive Account” means a User Account that has not been logged into for a continuous period of 6 months
11. “Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
12. “Website” means the websites operated by SkillWorld Network Private Limited and available at www.skillworld.in and any related Skillworld.in service, tool or Mobile Application (Mobile App). 13. “Leads” means uploading the details or completing the online transaction in our Web or Mobile application of any individual or entity who is interested in buying or availing of the described services against a consideration as specified by the Seller of the product or services.
14. “Tasks” means any activity described on our Mobile app or Website which the Service Provider has agreed to perform as per the given specifications.
By registering and accessing and/or using the Website, on clicking the button “I Agree”, it will be deemed that you have read the following terms and conditions for the usage of Company Website and agreed to the same.
Company reserves its right to amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without any prior specific notice to any person. Please check our website regularly for any change of terms and conditions.
The Website is an online platform where Sellers list their products or services and Service Champions/Brand Associates refer the Buyers needing these products or services through SkillWorld platform. The Website is also a platform for Service Users to list their requirements and Service Champions/Brand Associates will engage in fulfillment of these requirements after getting consent from SkillWorld. The website is also a platform for Associates, Service Champions or Freelancers to provide their services to the users.
You will not use the SkillWorld Website if you:
- are not able to form legally binding contracts; or
- are under the age of 18; or
- a person barred from receiving and rendering services under the laws of India or other applicable jurisdiction; or
- are suspended from using the SkillWorld Website.
The account holder is responsible for everything done with the account he or she is registered for. We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
4. Using SkillWorld
While using the SkillWorld Website, you will not:
- post content or items in inappropriate categories or areas on our websites and services;
- infringe any laws, third party rights or our policies, such as the Code of Conduct;
- fail to deliver Services as agreed by you, unless the Service User fails to meet the terms, materially alters the terms of the Services from the listing;
- circumvent or manipulate our fee structure, the billing process, or fees owed to SkillWorld;
- post false, inaccurate, misleading, defamatory or offensive content (including personal information);
- take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the SkillWorld Website);
- transfer or share your SkillWorld account (including feedback) and Username to another party without our written consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm SkillWorld, the Website, or the interests or property of SkillWorld users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- download and aggregate listings from our Website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the SkillWorld Website;
- copy, modify or distribute rights or content from the SkillWorld Website or SkillWorld’s copyrights and trademarks; or
- harvest or otherwise collect information about Users, including email addresses, without their consent.
Further, while using our website, you will not to host, display, upload, modify, publish, transmit, update or share any information that —
- belongs to another person and to which the user does not have any right to;
- is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights;
- violates any law for the time being in force;
- deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
- impersonate another person;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
5. Fees And Services
We may charge fees for certain services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update you by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
Unless otherwise stated, all fees are quoted in India Rupees (INR).
Any applicable tax as per the law of the land will be applied and accordingly deducted from the payment due to the Service Providers. You must also comply with your obligations under income tax, or any other applicable tax provisions in your jurisdiction.
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements/ promotions in the Website or your subsequent dealings with the Advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by SkillWorld or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
8. Identity / Know Your Customer
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (i) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (ii) take steps to confirm ownership of your email address or financial instruments; or (iii) verify your information against third party databases or through other sources. You must also, at our request, provide copies of identification documents (such as your Aadhaar card or any other identification documents etc.). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step. We reserve the right to close, suspend, or limit access to your Account, the Website and/or SkillWorld Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
9. Specific Terms And Conditions
You confirm having read, understood and accepted the following Terms and Conditions . In the following section, “I/me” means You as an Account Holder, Service Champion, Brand Associate:
Terms and Conditions
- I understand that this is not a Job offer and does not create a permanent or a contractual Employee- Employer relationship between the Company and me. I will have no claim on the Company regarding any employment or attached benefits.
- I understand that the Company does not guarantee me any fixed or variable income by virtue of me being registered on the Website whether as a Service Champion/Brand Associate.
- I understand that I shall be entitled for any agreed payment on successful completion of a Task at hand or conversion of a valid lead. The definitions of successful completion or a Valid lead are given in the below mentioned clauses. Clause No VI.
- The payment to me will be made within 60 days of the same being received by the Company from the respective Seller. I understand that there could be delays in payments to me due to circumstances beyond Company’s control. I will not have any claims to the Company due to any delay in payment or non- receipt of the payment.
- I confirm that I would generate leads for businesses listed on the Company’s Website only from my acquaintances, which under a normal circumstances should be an incremental business for the Seller for which the lead was generated. I will not poach on the existing customers or walk-in customers of the Seller resulting into no incremental gain for them.
- I understand that the definition of a Valid lead is:
- a customer who is not an existing customer or a walk in customer of the Seller.
- a customer who will give an incremental business to the Seller.
- a customer who has made the full payment to the Seller and completed the transaction with regards to the lead generated by me.
- where the Seller has not raised any objection on this being a genuine lead leading to an incremental business for the Seller.
Fulfillment of all the above conditions will confirm a Valid lead for payment to me. I fully understand that I shall only be entitled for payment on conversion of a Valid lead.
- If the Buyer of the product returns the product to the Seller and claims back the amount paid for the purchase, the Company shall have the rights to recover the commission paid to me on account of this sale.
- I understand that a Task will be considered successfully completed only when the Company confirms that it has been completed as per the expectations of the Company. Only after that will I be eligible for any payments due to the Task performed.
- I will not generate leads of uninterested individuals. I will not upload wrong information about any individual while generating leads or performing any assigned task.
- I will perform any Task undertaken with full integrity and will maintain professional decorum while dealing with any respondent, Service User, Seller or Buyer.
- I will give correct information about myself and my background while registering with SkillWorld through it’s website or Mobile Applications (Mobile App).
- I will read all training material carefully and diligently and clear the online tests prescribed with full integrity and ethics on the linkage website.
- I shall give only correct information to Buyers while generating any leads. I will not give any false information or commitments to Buyers to lure him into buying a product.
- I understand that any claims made in the product sales pitch, promotional material or video is the responsibility of the Seller and SkillWorld cannot be held liable for that. I will educate the Buyer to exercise due diligence while buying any product and only after his explicit permission I will enter his details for any Sales of the product/services.
- I understand that SkillWorld is only a platform and is not selling any product itself. I understand that SkillWorld takes no responsibility of the quality of the product being promoted through it’s platform. I will make Buyers aware of this. All the terms and condition and other policies applicable on those sites will be applicable for surfing or dealing on those sites.
- I understand that any complaints related to the product or services being promoted on the SkillWorld platform will have to be addressed by the Seller directly as per their extant process. SkillWorld neither will have a role nor will be party in any such complaint or dispute resolution.
- I will maintain the confidentiality of the offer or sales pitch and will not share it with anyone.
- I will not work with or promote a rival brand or entity till the time I am engaged with SkillWorld.
- I will not directly deal with any brand or entity while simultaneously being associated with SkillWorld.
- If I have an existing relationship with a brand or entity, I shall fully disclose it to the Company and take their permission to continue with the same.
- While performing a Task, defined now in the first section I will ensure to take care of the reputation and business interest of the Service User and would behave in a professional manner to protect and promote it. I will also ensure that the task is delivered in a timely manner as per the expected quality of the end user and I shall maintain a professional conduct while delivering the task.
- I shall not directly liase or enter into an agreement bypassing Skillworld with any Customer, Buyer, Seller, Vendor etc , which has been introduced to me by Skillworld . If any such activity is found out by the company, they shall be within their rights to withhold all my payments and remove me from the SkillWorld platform without assigning any reasons.
- In case of any payment dispute due to the Quality of leads or Task performed, the decision of the Company will be final.
- I understand that the Company can modify or terminate any terms and condition anytime solely at its own discretion without assigning any reasons or giving any notice.
- I understand that the Company can terminate this agreement with me any time without assigning any reason. The Company will settle any outstanding amount due to me in the regular payment cycle after which I will have no claims on the Company. The Company will be within it’s right to disable my user Id and access to it’s Website and Mobile App.
- I understand that I can also terminate my association with Company any time without assigning any reason. I will inform Company in writing and will stop using the Website or the Mobile App of the Company. The Company will be within it’s right to disable my user Id and access to it’s Website and Mobile App.
- When I terminate my association with the Company, I will make arrangements to settle all my liabilities with the Company within a reasonable timeframe not exceeding 30 days from the end of informing the Company of discontinuing my association. I will be liable for penalty or claim as deemed fit reasonable by the Company for any delay in settling the claim beyond the 30 days period.
- After terminating my association with SkillWorld, I will not engage in promoting a rival business competing with SkillWorld by sharing it’s business rules, trade secrets, associations, customer lists etc.
- Before sharing details of any individual on the Company’s Mobile App or Website, I will seek permission of the individual and will inform them that they may receive promotional calls, link of mobile app, sms or information in future on their mobile number email Id as shared. Entering of information on Company’s website or Mobile App will construe a permission from those individuals to the above. If anyone has an objection to this, that person’s data will not be shared by me on the Website or Mobile App. I shall be responsible for any complaints pertaining to the promotional calls or email by the Company or any third party and will indemnify the Company against any claim thereof.
- Brand Associate/Service Champions specifically allows SkillWorld to call/contact for any promotional event or information from time to time. Brand Associate/Service Champions also allows Skillworld.in to share my details, bio-data, my performance details on the field or otherwise with the third party.
- The Company can use any information about me or about the leads generated by me for any promotional campaign or offers, directly or by sharing with any third party. I will have no claim on the Company for any material gain achieved by them for any such activity.
- I will neither form nor be part of any union or association against the Company. Any conflict with the Company will be solved by me individually through the normal grievance redressal route.
- I will not undertake any activity to damage the reputation or business interest of the Company.
- I understand that the shareholding of the Company can change anytime or from time to time. I will neither have a say nor have any objection in that. I will continue to function with my full integrity.
- I confirm that I will continue to promote the business interests of the Company with my full competence, commitment and integrity till the time I am associated with the Company and will abide by the above terms and conditions.
10. Inactive Accounts
For User Accounts that have not been logged into, or where no valid leads have been generated or no Service Task has been undertaken for a continuous period of 6 months, Company reserve the right to close such Inactive Accounts without assigning any reasons.
11. Right To Refuse Service
Company may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if it comes to know that you have breached, or are acting in breach of, this User Agreement;
- if it comes to know that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if it comes to know that you have engaged, or are engaging, in fraudulent, or illegal activities;
- if you do not respond to our requests;
- to manage any risk of loss to us, a User, or any other person; or
- for other similar reasons.
If Company closes your Account due to your breach of this User Agreement, you may also become liable for certain fees, if any, as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
In the event that Company closes your Account, you will have no claim whatsoever against the Company in respect of any such suspension or termination of your Account.
12. Disputes With Us
If a dispute arises between you and SkillWorld, our goal is to address your concerns and to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution. All claims you bring against the Company/SkillWorld must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, SkillWorld/Company may recover its legal fees and costs (including in-house lawyers and paralegals), provided that SkillWorld/Company has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. SkillWorld/Company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
13 . Closing Your Account
You may close your Account at any time. The option is located in the Account Settings.
Account closure is subject to:
- not having any outstanding pending service or work with us or any of the associates and
- resolving any outstanding matters (such as a suspension or restriction on your Account); and
- paying any outstanding fees owing on the Account.
- You will indemnify the Company (including its officers, directors, agents, subsidiaries, joint ventures and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and Mobile App.
- In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the SkillWorld/Company services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unathourised access of your account resulting from your failure to secure your password.
16. Limitation Of Liability
In no event the Company shall or related entities, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
- any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website or Mobile App.
The limitations on the Company’s liability to you above shall apply whether or not the Company, its related entities, its affiliates or staff have been advised of the possibility of such losses or damages arising.
17. Additional Terms
It is important to read and understand all our policies.
Each of these policies may be changed from time to time. Changes take effect when we post them on the SkillWorld/ Company’s Website or Mobile App. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time.
You cannot assign or otherwise transfer this User Agreement, or any rights granted hereunder to any third party. Skillworld may transfer its rights and obligations (also known as “assign”) under this Agreement without your prior express consent, provided that Skillworld assigns the Agreement on the same terms or terms that are no less advantageous to you.
20. Third Party Sites
21. Pictures Used On The Website
All the pictures used on the website are from Pixabay (free website for pictures)
22. Grievance Officer
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:Mr. Anupam Kumar, Director
SkillWorld Network Private Limited
Address: 2B-92, Phoneix Paragon Plaza, LBS Road, Kurla (W), Mumbai-400 070
Phone: 022 – 62368082
Email: [email protected]