Please read these Terms of Use carefully. By accessing or using the Platform in any manner whatsoever, you shall be bound by these Terms of Use as posted and updated on the Platform from time to time and create a legally binding agreement to abide by the same. If you do not agree to any of these Terms of Use, the Privacy Policy (available at www.skillbag.in), guidelines, rules and additional terms, if any, please do not view, access or use the Platform.

 

 

Overview:

1. The Platform is an internet based hyperlocal discovery service and hobby and skill classes which acts as a booking platform for a variety of children and adults’ activity classes and provides the Service User (as defined herein) with information in the form of listings and profile pages of the various classes, events and workshops (such as art, dance, music, sports, etc.) (“Activity”) being offered and conducted by the Service Providers (as defined herein) (“Services”). Skillbag enables transactions between those users of the Platform who are offering their professional Services (“Service Provider”) and those users who are obtaining the Services (“Service User”) and provides the Service User a platform to register, book and pay online for these Activities. (“Skillbag Services”). For the purpose of these Terms of Use, the Service Providers and the Service Users will be collectively referred to as “Users”.
2. The Users acknowledge that the Platform serves as an online booking portal listing information submitted by the Users for enrolling in / conducting the Activity. By using, visiting, registering for, and/or otherwise participating on the Platform, including availing the Services presented, promoted, and displayed on the Platform, and by clicking on “I have read and agree to the terms of use” the Users hereby certify that:
1. they are either a Service Provider or a prospective Service User;
2. they have the authority to enter into these Terms of Use;
3. they authorize the transfer of payment for Services requested through the use of the Platform and
4. they agree to be bound by all terms and conditions of these Terms of Use and any other documents incorporated by reference herein.

 

• Account Registration and Eligibility:

1. The Users may access and use the Platform by registering to create an account by submitting their name, mobile number and email address through the account registration page on the Platform, creating a password (“Account”), verifying their mobile number by means of a one-time password and becoming a member; or the Users may register by verifying their details and logging into their account with certain compatible third party sites (including, but not limited to Facebook, Google etc) (“Third-Party Account”) via the Platform. The Account and Third-Party Account may be collectively referred to as “Skillbag Account”. As part of the functionality of the Platform, the Users may link their Skillbag Account with their Third-Party Account through either of the following:
1. By providing their Third-Party Account login information to Skillbag through the Platform; or
2. By allowing Skillbag to access their Third-Party Account as may be permitted under the applicable terms and conditions that govern the Users under the Third-Party Account service providers and without obligating Skillbag to pay any fees or making Skillbag subject to any usage limitations imposed by such third-party service providers.
2. In addition to the information provided at the account registration page, the Users shall also have the option to provide additional information, which is not required to register for the Skillbag Account but may be helpful to Skillbag in providing the Users with a more customized experience when using the Platform.
3. The Users shall be solely responsible for safeguarding their Skillbag Account password and, if applicable, their Third-Party Account password and shall keep their Skillbag Account passwords secure at all times. The Users shall be solely responsible for all activity that occurs on their Skillbag Account and shall notify Skillbag immediately of any breach of security or any unauthorized use of their Skillbag Account. Similarly, the Users shall never use anyone else’s Skillbag Account without Skillbag’s express written permission. The Users agree that they will not represent themselves or misrepresent themselves as another user of the Platform.
4. Use of the Platform is available only to individuals who are at least 18 (Eighteen) years old and can enter into legally binding contracts under applicable law. The Users represent, acknowledge and agree that the Users are at least 18 (Eighteen) years of age, and that:
1. all registration information that is submitted is truthful and accurate and
2. the Users will, at all times, maintain the accuracy of such information.
1. Terms of Use of the Platform:
1. The Platform provides for the Service Users to place bookings for the Services Skillbag will, subject to the terms and conditions set out herein, enable the payment through the Platform and facilitate the booking of the selected slot for the Activity with the Service Provider. Skillbag does not provide the Services on its own and/or does not control the Service Provider or the related services provided in connection thereof. The Users understand that any Services availed through the Platform shall be subject to the terms and conditions set out in these Terms of Use including but not limited to slot availability and location serviceability.
2. The Platform may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted based on the content of information stored on the Platform, searches conducted on the Platform by the Users or other relevant information. The manner, mode and extent of advertising by Skillbag on the Platform are subject to change without specific notice to the Users.
3. Part of the site may contain advertising information or promotional materials or other materials submitted to Skillbag by third parties or Users. Responsibility for ensuring that materials submitted for inclusion on the Platform complies with applicable laws and is exclusively on the party providing the information/material. The Users correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between the Users and such advertiser. Skillbag will not be responsible or liable for any error, omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Platform.
4. The Users agree that in order to allow Skillbag to use the information supplied by them, without violating their rights or any laws, the Users agree to grant Skillbag a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights that exist in the Users information, in any media now known or not currently known. Skillbag shall only use the information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
5. Skillbag does not monitor any content provided by Users on the Platform. The Users shall ensure that they do not provide any content on the Platform that may be inappropriate, defamatory, illegal, tortious or that otherwise infringes the rights of others. Skillbag reserves the right to remove any and all content in violation of this requirement, and also reserves the right to suspend, delete or deactivate such Users’ Skillbag Account or refuse any service provided by Skillbag to such Users.
6. The Users agree that the Platform shall be used for lawful purposes only and that the Users will not violate any laws, regulations, ordinances or other such requirements of any applicable central, federal state or local government or international law(s). The Users shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms of Use or make any representation or warranty on behalf of Skillbag in any form or manner whatsoever.
7. The Users shall not take any action that:
1. in Skillbag's sole discretion, may unreasonably encumber the Platform's infrastructure;
2. interferes or attempts to interfere with the proper working of the Platform or any third-party participation in the Platform; or
3. bypasses Skillbag measures that are used to prevent or restrict access to the Platform.
8. Without limiting the generality of these Terms of Use, in using the Services and the Skillbag Services, the Users specifically agree not to post any content (including reviews) or engage in any activity that, in Skillbag's sole discretion:
1. Is misleading or misrepresentative in any way
2. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
3. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
4. interferes with another User’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar Services
5. Accuses others of illegal activity, or describes physical confrontations;
6. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
7. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment of Skillbag or any other Users;
8. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Platform and removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of the Platform;
9. Harms minors in any way;
10. Threatens the unity, integrity, defence, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation and
11. violates any law for the time being in force.

 

1. Use of Services by the Service Users:
1. Skillbag shall provide the Service User information pertaining to each Service Provider’s expertise by creating a profile of the Service Provider which shall contain details of the Activity, pricing and availability of such Activity and an integrated payment gateway to book such Activity. It is hereby agreed by the Service Users that all commercial terms such as eligibility criteria (age / skill), class fees, class timings, batch, venues, seat availability per batch, minimum and maximum period of enrolment etc relating to the Services offered by the Service Provider are provided by the Service Provider alone. Skillbag does not have any control nor does it determine or advise or in any way involve itself in the offering or acceptance of such terms between the Service Provider and the Service User. Skillbag shall, however, through the Skillbag Service offer support services to the Users in respect of hyperlocal discovery, listing services, providing a booking portal, payment terms and collection, reviews, ratings and/or feedback, and other support services for which it would charge a booking / convenience fee and an online transaction fee charged by the payment gateway to Skillbag.
2. The Service User acknowledges that Skillbag does not make any representations and/or any warranties in respect of the Services provided by the Service Provider and as to the legal title, creditworthiness, identity, etc. of any of the Service Providers. The Service Users are hereby advised and instructed to independently verify the bona fides of any particular Service Provider that they choose to deal with/engage using the Platform and use their best judgment in that behalf. All the offers provided by the Service Providers and any third-party offers are subject to their respective party terms and conditions and Skillbag takes no responsibility or liability for such offers.
3. The Service Users agree that Skillbag has neither made any representation or warranty as to the specifics (such as quality, value, merit, worth, utility, saleability, etc.) of the Activity and/or the Services offered and/or extended on the Platform nor does it implicitly or explicitly support or endorse the Activity and/or the Services on the Platform. Skillbag accepts no liability for any errors or omissions, whether on behalf of itself, the Service Provider or any third parties.
4. The Service User shall not take any action which amounts to the following:
1. Commit to availing or using a Service without booking on the Platform;
2. Signing up for, negotiating a price for, using, or otherwise soliciting the Services with no intention of following through with the use of or payment for the Services;
3. Agreeing to avail the Services when the Service Users do not meet the Service Provider's terms as outlined in the listing on the Platform,
4. Misusing any options made available now or in the future by Skillbag in connection with the use of or availing of any Services.
5. In the event the Service User posts any review, rating and/or feedback on the Platform of any Service availed by such Service User, they shall be considered the sole author of that review; rating and/or feedback. The review, rating and/or feedback shall reflect the actual experience of the Service User. The Service Provider shall not be paid or otherwise remunerated in connection with their authoring or posting of the review, rating and/or feedback and should have had no financial, competitive, or other personal incentive to author or post the review, rating and/or feedback that was not a fair expression of their honest opinion.
6. The Users agree that Skillbag shall not be held responsible for any non-performance or breach of any contract (including but not limited to request for change of batch/timing/venue or request for cancellation after booking) entered into between the Service Provider and the Service User on the Platform. Skillbag cannot and does not guarantee that the concerned Service Provider and/or any third-party engaged by it will perform any transaction concluded on the Platform. Skillbag shall not be held responsible for unsatisfactory or non-performance of Services or damages or delays as a result of such Services. Skillbag bears no responsibility for the actions of the Service Provider or the Service User and does not control such actions. It shall be the responsibility of the Service User to exercise their own discretion and conduct necessary checks and inquiries when engaging with the Service Provider and/or any third-party engaged by it.
7. If any Service User requests any change / rescheduling in the Activity, for instance, session, batch timings, duration, available slots, venue, fees and/or curriculum, the Service User shall directly request the Service Provider for such change / rescheduling of Activity. The Service User may reschedule a batch / session booked with the Service Provider at the sole discretion of the Service Provider subject to prior approval by the Service Provider and availability of a slot and Skillbag assumes no responsibility or liability in respect of such rescheduling / change requests by a Service User. However, it shall be the responsibility of the Service Provider to update such change in batch / session on the Dashboard so that the Platform reflects the correct availability of open slots for every batch and Skillbag shall not be liable to any User for any claims arising from such a change.

 

1. Provision of Services by the Service Provider:
1. It is hereby agreed by the Service Provider that all commercial terms relating to the Services are accepted by the Service User alone. Skillbag does not have any control nor does it determine or advise or in any way involve itself in the offering or acceptance of such commercial terms relating to the Services between the Service Provider and the Service User. Skillbag shall, however, through the Skillbag Service offer support services to the User in respect of hyperlocal discovery, listing services, providing a booking portal, payment gateway and collection, reviews, ratings and/or feedback, and other support services for which it would charge a booking / convenience fee and an online transaction fee charged by the payment gateway to Skillbag.
2. Skillbag provides the Service Providers with a platform to list their activities, receive registrations, bookings and payments directly into their account, for which Skillbag may at its discretion charge the Service Providers with a fee. Each Service Provider who signs up with Skillbag shall be provided with a personalized dashboard functionality (“Dashboard”) to efficiently manage their Activity classes. The Service Providers shall relevantly provide data inputs for such Dashboard, to manage their Activity class, batch timings, duration, available slots, fees. Service Providers can view the status of their bookings and payments from the Dashboard.
3. The Service Provider agrees that they shall solely assume all risks associated with the content provided by them on the Platform relating to the fees, taxes, date, duration, course and curriculum of the Activity. While Skillbag reserves the right to remove any content from the Platform, Skillbag shall have no control on the actions, comments and/or content posted by any User and does not guarantee the accuracy, integrity or quality of any actions, comments and/or content and shall not be responsible and/or liable in any manner for the same.
4. The Service Provider shall be solely responsible for providing information relating to the Activity offered by the Service Provider on the Platform from time to time. In this connection, the Service Provider undertakes that all such information shall be true and accurate in all respects. The information provided by the Service Provider shall not be exaggerated or overemphasized and the attributes of such Activity shall not be such so as to mislead other Service User in any manner whatsoever.
5. In the event the Service Provider hires or engages any third party for provision or assistance in any Services offered by the Service Provider on the Platform, the Service Provider shall be solely responsible and liable for any acts, omission(s) and/or commission(s) by such third parties in respect of the Services provided to the Service User.
6. The Service Provider shall ensure that details pertaining to the Activity such as batch timings, duration, available slots, fees and/or curriculum are uploaded and constantly updated on the Platform by the Service Provider at all times. If there is any change / rescheduling in the Activity, for instance, session, batch timings, duration, available slots, venue, fees and/or curriculum, the Service Provider shall promptly update the same on the Platform and in addition, inform Skillbag as well as the Service Users who have enrolled for that particular Activity of such change. Subject to prior approval and availability of a slot with the Service Provider, the Service User may reschedule a batch booked with the Service Provider at the sole discretion of the Service Provider, and Skillbag assumes no responsibility or liability in respect of such rescheduling by a Service User. However, it shall be the responsibility of the Service Provider to update such change in batch on the Platform and Skillbag shall not be liable to any User for any claims arising from such a change.
7. In the event of any offline bookings at the Activity by any other user, the Service Provider shall expeditiously update the same on the Platform so that the accurate number of available slots are reflected on the Platform.

1. Payments and Bookings:
2. All payments made against availing the Services on the Platform by the Service User shall compulsorily be made in Indian Rupees. The Platform shall not facilitate transactions in any other form of currency. The Service User shall have the option to pay by
3. Credit card or debit card or net banking
4. Payment Wallets like PayTM, PhonePe, Freecharge, AmazonPay etc
5. UPI (Unified Payments Interface) developed by National Payments Corporation of India facilitating inter-bank transactions or
6. any RBI approved payment method at the time of booking on the Platform.
7. Cash/Cheque directly at the centre
8. Except where the option to pay cash directly at the centre is availed, the Users acknowledge and agree that Skillbag acts as the Service Provider’s payment agent for the limited purpose of accepting payments from the Service User on behalf of the Service Provider. Upon the Service User’s payment of amounts to Skillbag, which are due to the Service Provider, the Service User’s payment obligation to the Service Provider for such amounts is completed and Skillbag is responsible for remitting such amounts to the Service Provider by a separate transaction within 10 (Ten) working days of receipt of such amounts by Skillbag, after deduction of taxes and any statutory levies, if applicable as per prevailing law. In cases where the option to pay cash directly at the centre is availed, it shall be the responsibility of the Service Provider to remit to Skillbag the booking / convenience fees levied by Skillbag forthwith upon receipt of any payment made directly to the Service Provider for the bookings made using the Platform.
9. The fees for Services reflected on the Platform are determined solely by the Service Provider and are listed based on the information provided by the Service Provider on the Platform. Skillbag shall in no way be liable for any change in such fees at the time of booking slots for the Activity since the fees are at the sole discretion of the Service Provider attributing to various factors beyond Skillbag’s control.
10. Skillbag reserves the right to charge booking fees / service charges and applicable GST on every transaction concluded using the Platform. Skillbag further reserves the right to alter such booking fees / service charges from time to time, without prior notice to the Users. Skillbag shall also offer paid premium listing and/or paid promotions for the Service Providers desirous of promoting their Activity on the Platform. Payment for such premium listing and/or promotions shall be made by the Service Provider in the manner instructed by Skillbag at the time of listing.
11. The Service User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments including but not limited to internet handling charges and/or the applicable payment gateway charges for availing Services listed on the Platform.
12. The Users understand, accept and agree that the payment facility provided by Skillbag is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on booking of Services, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing the payment facility, Skillbag is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction fees.
13. While availing any of the payment method(s) available on the Platform, Skillbag shall not be held responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Users due to:
14. Lack of authorization for any transactions;
15. Any payment issues arising out of the transaction or Decline of such transaction for any reason not attributable to Skillbag.

 

2. Cancellation and Refund:
3. The Service Provider agrees that as a general practice of Skillbag, the Service Provider shall not be entitled to cancel their booking upon successful completion of the transaction through the Platform. If, for any reason, the Service Provider cancels the booking of the Service User after it has been confirmed, Skillbag shall have a right to charge the Service Provider a cancellation fee. In case of cancellation for any such reasons wherein the fees have been paid by Skillbag to the Service Provider for such cancelled bookings, the Service Provider shall refund the fees received by it to Skillbag within 5 (Five) working days after which such fees shall further be refunded to the Service User after deducting charges attributable to Skillbag, as may be deemed appropriate by Skillbag at its sole discretion.
4. However, in the unlikely event of any Activity being unavailable, Skillbag shall contact the Service User on the phone number or email address provided to Skillbag at the time of booking and inform the Service User of such unavailability. In such an event the Service User will be entitled to cancel the booking and shall be entitled to a refund as may be deemed appropriate by Skillbag at its sole discretion.
5. All refund amounts shall be credited to the Service User’s account within 14 (Fourteen) working days in accordance with the terms that may be stipulated by the bank through which the payment has been processed.

 

3. Termination from the Platform:
4. Skillbag may suspend or terminate any User’s Skillbag Account and deny access to the Platform and Skillbag Services at Skillbag’s sole discretion if:
5. any information provided during the registration process or thereafter proves to be false, inaccurate, not current or incomplete;
6. it is believed that the User’s action may cause legal liability for other Users or Skillbag and/or
7. the Users are found to be non-compliant with these Terms of Use, Privacy Policy and any other documents incorporated by reference herein.
8. The Users agree that any termination of their access to the Skillbag Services may be affected without prior notice and acknowledge and agree that Skillbag may immediately deactivate or delete their Skillbag Account and all related information and/or bar any further access to their Skillbag Account or the Skillbag Services. If any Users avail of the Skillbag Services in violation of these Terms of Use, Skillbag may, at its sole discretion, retain all data of such User collected prior to such termination. Further, the Users agree that Skillbag shall not be held liable to the User or any third party for discontinuation or termination of such User’s access to the Platform and Skillbag Services.
9. The Users shall be permitted to have only one Skillbag Account and shall not be permitted to create multiple accounts. If multiple accounts are found which are operated by the same User, Skillbag reserves the right to suspend such multiple accounts without being liable for any compensation to such User.
10. Any User can delete their Skillbag Account at any time by contacting us via the “Contact Us” link at the bottom of every page.
11. The Users agree to indemnify and hold Skillbag, its officers, managers, members, affiliates, successor, assigns, directors, agents, service professionals, suppliers, and employees harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of the termination of Service of the User.

 

4. Modification/Amendment to the Terms of Use:
5. Skillbag reserves the right, in its sole discretion, to change, modify, or otherwise amend these Terms of Use, and any other documents incorporated by reference herein for complying with legal and regulatory framework and for other business purposes, at any time, and Skillbag shall post the amended Terms of Use here and notify Users of the change through email or SMS. It is the User’s responsibility to review these Terms of Use for any changes and the Users are encouraged to check these Terms of Use frequently. The User’s use of the Platform following any amendment of these Terms of Use will signify their assent to and acceptance of any revised Terms of Use. If the Users do not agree to abide by these or any future Terms of Use, please do not use or access the Platform.

 

5. Disclaimer of Warranties, Limitation of Liability, and Indemnification:
6. Skillbag has strived to ensure that all the information on the Platform is accurate, but Skillbag neither warrants nor makes any representations regarding the accuracy, usefulness, safety, or intellectual property rights of any data or information contained on the Platform. Skillbag makes no warranty, express or implied, concerning the Platform and/or its contents and disclaims all warranties of fitness for a particular purpose and warranties of merchantability in respect of services, including any liability, responsibility or any other claim, whatsoever, in respect of any loss, whether direct or consequential, to any user or any other person, arising out of or from the use of the information contained on the Platform. The Users further acknowledge and understand that they may be exposed to content that is inaccurate, offensive, or objectionable since Skillbag does not screen or investigate third party material before or after including it on the Platform.
7. Since Skillbag acts only as a booking platform, it shall not have any liability whatsoever for any aspect of the arrangements between the Service Provider and the Service User as regards the standards of Services provided by the Service Provider. In no circumstances shall Skillbag be liable for any incident that occurs during the Activity and / or Services provided by the Service Provider. Further Skillbag expressly disclaims any liability with respect to any negative comments, reviews and/or ratings that any Service User may put up for the Services of the Service Provider on the Platform or otherwise.
8. Although Skillbag makes reasonable efforts to ensure that the description and content on the Platform is correct, it does not, however, take responsibility for changes that occur due to human or data entry errors or for any loss or damages suffered by any User due to any information contained herein. Also, Skillbag is not the Service Provider or Service User and cannot therefore control or prevent changes in the published descriptions which are based upon information provided by the Users on their profiles.
9. Please note that there could be risks in dealing with underage persons or people acting under false pretence.
10. Skillbag does not endorse any advertiser on its Platform in any manner. The User is requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
11. In no event shall Skillbag be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from:
12. the use or the inability to use the Services and Skillbag Services;
13. unauthorized access to or alteration of the User's transmissions or data;
14. any other matter relating to the Services and Skillbag Services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Platform.
15. Neither shall Skillbag be responsible for the delay or inability to use the Platform, the provision of or failure to provide Services, or for any information and Services obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Skillbag shall not be held responsible for non- availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Skillbag's control.
16. The Users understand and agree that any material and/or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk and they will be solely responsible for any damage to their devices or loss of data that results from the download of such material and/or data. These limitations, disclaimer of warranties and exclusions apply without regard to whether the damages arise from
17. breach of contract,
18. breach of warranty,
19. negligence, or
20. any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law.
21. The maximum liability on part of Skillbag arising under any circumstances mentioned at clause 10.8 above, in respect of any Services offered on the Platform, shall be limited to the refund of total amount received from the Service User for availing the Services less any cancellation, refund or others charges, as may be applicable. In no case shall the liability include any consequential loss, damage or additional expense whatsoever.
22. The Users agree to indemnify, defend and hold harmless Skillbag from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Skillbag that arise out of, result from, or may be payable by virtue of, any breach or non- performance of any representation, warranty, covenant or agreement made or obligation to be performed by the Users pursuant to these Terms of Use and any other documents incorporated by reference herein or for any acts of the Users.

 

6. Miscellaneous
7. Translation of the Terms of Use:

Skillbag may, at its sole discretion, provide a translation of the English version of the Terms of Use into other languages. The Users understand and agree that any translation of these Terms of Use into other languages is only for the Users convenience and that the English version shall govern the terms of the User’s relationship with Skillbag. Furthermore, if there are any inconsistencies between the English version of the Terms of Use and its translated version, the English version of the Terms of Use shall prevail over others.

2. Suggestions/Feedback:

If the Users send or transmit any communications, comments, questions, suggestions, or related materials to Skillbag (collectively referred to as “Suggestions”) in any manner whatsoever, suggesting or recommending changes to the Platform, including, without limitation, new features or functionality relating thereto, all such Suggestions are, and will be treated as, non-confidential and non-proprietary. The Users hereby assign all right, title, and interest in any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Suggestions, whether or not patentable, and Skillbag shall be free to use for any purpose whatsoever, without any attribution or compensation to the Users, such Suggestions including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services. The Users understand and agree that Skillbag  is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Suggestions, and the Users have no right to compel such use, display, reproduction, or distribution or seek recognition if the Suggestions are in fact implemented.

3. Headings:

The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of these Terms of Use or the right to use the Platform by the Users in any manner whatsoever.

4. Intellectual Property Rights:

Skillbag is the sole and exclusive copyright owner of the Platform. Further all the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights shall vest at all times in Skillbag. Skillbag states that the Platform has been developed, compiled, prepared, revised, selected, and arranged by Skillbag through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Skillbag. Skillbag expressly states that the data on the Platform is reflected ‘as is’ for the Users information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever, including any commercial purpose, without the prior written consent of the respective owners. Skillbag reserves all rights not expressly granted in and to the Platform.

5. Waiver:

No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. No failure or delay by Skillbag in exercising any right, power or privilege under these Terms of Use shall operate as a waiver of such right or acceptance of any variation of these Terms of Use and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege. The Users must commence any legal action against Skillbag within 1 (One) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Skillbag to enforce or exercise any provision of these terms or any related right shall not constitute a waiver of that right or provision.

6. Notices:

All notices and communications shall be in writing, in English and shall deemed given if delivered personally or by commercial messenger or courier service, or mailed by registered or certified mail (return receipt requested) or sent via email (with acknowledgment of complete transmission) to the following address:

1. If to Skillbag info@skillbag.in
2. If to a User, at the communication and/or email address specified at the account registration page.

The Notice shall be deemed to have been served 48 (Forty Eight) hours after it has been sent, dispatched, displayed, as the case may be, unless, where notice has been sent by email, it comes to the knowledge of the sending party, that the email address is invalid

7. Force Majeure:

Neither Skillbag nor the User shall be liable to the other for any delay or failure in performance under these Terms of Use, arising out of a cause beyond its control and without its fault or negligence. Such causes may include, but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

8. Governing Laws and Jurisdiction:

These Terms of Use shall be governed and construed by the laws of India and competent courts in Lucknow shall have exclusive jurisdiction.

9. Relationship between the parties:

None of the provisions of these Terms of Use shall be deemed to constitute a partnership or agency between Skillbag and the Users and the Users shall have no authority to bind Skillbag in any form or manner, whatsoever.

10. Entire Terms of Use::

These Terms of Use, together with the Privacy Policy and any other legal notices or additional policies published by Skillbag on the Platform, shall constitute the entire agreement between the Users and Skillbag If any provision of the Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect.

11. Contact Us:

If you have any questions about these Terms of Use or Skillbag, you may email us at info@skillbag.in.