TERMS AND CONDITIONS FOR USERS OF THE WEBSITE

Terms and Conditions for A Seller:

Eligibility Criteria: – Uploading educational material, including but not limited to videos, surveys, blogs, articles, and upskilling techniques on the website for a price with the intention to sell can only be done by those natural persons who can legally enter into contracts as per the Indian Contracts Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872, including undischarged solvents, minors, etc, shall not use/transact/register on the platform as a seller. If an ineligible person wrongfully uses the platform and conducts transactions, Upskill/The Website shall reserve the right to terminate their contract and take appropriate legal action.

1. Registration Obligations for A Seller:

The seller should disclose the following information at the time of registration –

  • Seller Complete Name
  • Seller Complete Address
  • Seller Complete Contact details
  • Seller Grievance Officer details for Consumer Complaints
  • Phone no.
  • Email Address
  • GSTIN
  • PAN
  • Business Pan (if applicable)
  • Pin code:
  • Bank A/c Details
  • Account Holder Name
  • Signature
  • Display Legal Name
  • Legal Name / Trade Name
  • Contractual information (SLA)
  • Total price in single figure of the content to be uploaded (break up price / charges, if any)

2. Terms of Usage Of Platform (Seller) –

  1. A platform usage fee shall be payable by the seller to the service provider (website host). The exact quantum of the fee to be paid shall depend on the details and quantity of services which are proposed to be provided by the seller.
  2. The required fee shall be paid by the seller in a two-fold manner to the service provider. HALF (50%) of the total amount payable by the seller shall be paid at the time of formation of the contract and the rest on the completion of the obligations of the contracts from both ends. The said fee shall include any applicable taxes. The final payment must be made within 30 days from the completion of the contractual obligations by both parties. Failure to make the payment within this period will result in a fine.
  3. Upskillsmes will provide project engagement completion certification duly validated by subject matter expert and client. The 50% of final payment will be paid within 30 days of receipt of this certificate of completion from Upskillsmes.
  4. Any deviations of the seller from the terms of this agreement shall warrant action from the service provider who shall reserve the right to terminate the contract or resort to legal recourse.

3. Communications

Any seller who uses this platform or sends emails, data or communication to the service provider, shall understand that he is using the electronic platform and shall agree to receive such communication from us through electronic or any other means as required.

4. Transactional Accountability (Sellers)

  1. All transactions between sellers and users (buyers) of the platform shall be governed by the terms agreed to by the parties and the service provider cannot be held liable for any deviations, errors and omissions of third parties with respect to the specifics of the products.
  2. The specifics of the service of third parties include quality, quantity, duration, price, warranty, guarantees. This list is not exhaustive and is subject to the nature of the content sold
  3. The service provider does not have the duty to resolve disputes between buyers and sellers who use their website
  4. The service provider does not acquire the rights over the products sold at any point of time except for acquisition of such rights through an express contract.
  5. Every piece content/service which is provided on the website by the host shall be free, regardless of the nature of the product.

    (Explanation – For the purposes of the above clause, the nature of the product refers to basic and advanced levels of content offered by the users/service provider of the website.)

  6. The website only serves as a platform for users(sellers) to reach a more significant consumer base. As such, the agreements between a buyer and a seller shall remain a bipartite contractual transaction in which Upskill shall have no legal liability/obligation.

TERMS AND CONDITIONS FOR USAGE OF PLATFORM (BUYERS)

1. Registration Obligations:

  1. Every natural/legal person shall be able to access the website. Only registered users shall have full access to the courses/content offered by the website, whereas non- registered users shall have extremely limited access to the website which shall be limited to browsing.
  2. Only registered users shall have the right to access the website and all related courses and associated content. The access to free content provided by the Host/Service Provider shall only be available to registered users. Regardless of registration, whosoever uses this website is bound by this security policy and is advised to read the policy before proceeding to use the website.
  3. The procedure for acquiring paid content shall involve payment of an additional platform usage fee alongside the price of the course/content bought by a registered user, which shall equal 10% of the total cost of the content purchased which will be reviewed time to time.
  4. Client (seller words should be replaced by Clients) and service providers (to be replaced by word Subject Matter Experts (SMEs) indemify the Upskillsmes platform from any gaps of services mutually agreed between Client and Subject Matter Experts (SMEs).
  5. The service provider cannot be held liable for the quality of the free content provided, which shall include but will not be limited to videos, upskilling modules etc.