This User Agreement describes the terms and conditions on which you are allowed to use our e-commerce portal and our Services. We have incorporated by reference all linked information.
By accessing and/or using our e-commerce portal, you agree to the following terms with Skill4Sale.
We may amend this User Agreement and any linked information from time to time by posting amended terms on our e-commerce portal.
Our e-commerce portal is an online venue where Users can buy and sell Services. Buyers and Sellers must register with an Account in order to buy or sell Services. E-commerce portal enables Users to work together online to complete and pay for skill and to use the services that we provide.
You will not use the Skill4Sale e-commerce portal if you:
Users may provide a skill, which is to be associated with the User's Account.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
While using the Skill4Sale e-commerce portal, you will not:
It is our policy to respond to clear notices of alleged intellectual property rights infringement. Our Copyright Infringement Policy is designed to make submitting notices of alleged infringement to us as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. If you believe that your Intellectual Property Rights have been violated, please notify us via Contact Us on our e-commerce portal and we will investigate.
We don't charge membership fees for using service on our e-commerce portal at present. We may charge membership fees in future and users are bound to comply with our membership fees policy from time to time. We will update you by placing the same on our e-commerce portal. We may choose to temporarily change the fee structure for our services for promotional events (for example, discounts/premium on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on e-commerce portal.
Unless otherwise stated, all transactions are quoted in Indian Rupees.
You are responsible for paying any taxes, including any goods and services or services tax which may be applicable depending on the jurisdiction of the services provided. These taxes will be added to fees billed to you, if applicable.
You must also comply with your obligations under income tax provisions in your jurisdiction.
You acknowledge and agree that we may in our sole discretion, from time to time, appoint our related bodies corporate or a third party as our agent to accept or make payments (including merchant facilities) from or to Users on our behalf. Such a third party will have the same rights, powers and privileges that we have under this User Agreement and will be entitled to exercise or enforce their rights, powers and privileges as our agent or in their own name. In no event shall we be liable to any User for any loss, damage or liability resulting from the Payment Administration Agent's negligence and/or acts beyond the authority given by Skill4Sale.
We may display your skill or business name, logo, images or other media, and public description of your category and profile as part of the Skill4Sale Services and/or other marketing materials relating to the Skill4Sale e-commerce portal, except where you have explicitly requested that we do not do this and we have agreed to such request.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we only act as a portal for the online distribution and publication of User content. We make no warranty that User content is actually made available on our e-commerce portal. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on our e-commerce portal; and (3) any and all content submitted to our e-commerce portal is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that you're content:
We only act as a portal and have no liability based on, or related to, third party content on our e-commerce portal , whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
E-commerce portal may contain links to other third party websites. We do not control the websites to which we link from our ecommerce portal. We do not endorse the content, products, services, practices, policies or performance of our e-commerce portal. Use of third party content, links to third party content and/or websites is at your risk.
You acknowledge that you transfer copyright of the feedback, reputation and reviews you leave consisting of comments and a multidimensional rating (e.g. quality, communication etc.) together with a composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our e-commerce portal while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on e-commerce portal from time to time without our prior written permission. You may not do (or omit to do) anything that may undermine the integrity of the Skill4Sale feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via our e-commerce portal. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating or feedback comments) in any real or virtual venue other than a website operated by Skill4Sale or its related entities without our written permission.
Unless otherwise agreed with us, you must not advertise an external website, product or service on our e-commerce portal. Any website address posted on e-commerce portal, including in a listing, listing description, clarification board or the message board, must relate to a category, item listed, user or service being performed on our e-commerce portal. An example of a permissible website address would be a portfolio of work.
We may display sponsor advertisements and promotions on our e-commerce portal. 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 our e-commerce portal 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 Skill4Sale or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
You must not post your email address or other contact information on our e-commerce portal, except in the "email" field of the signup form, at our request or as otherwise permitted by us on our e-commerce portal.
Unless you have a prior relationship with a User, you must only communicate with Users via our e-commerce portal, including by using the message board, inbox private messaging or chat facilities. Unless we provide a User's contact information through a feature or function available through our e-commerce portal, you must not, and must not attempt to, communicate with other Users in respect of Skill through any other means such as email, telephone, Skype, ICQ, AIM, MSN Messenger, G-Talk and Yahoo.
We may read all correspondence posted to our e-commerce portal and download or access, and test (if necessary), all uploaded files, programs related to your use of our e-commerce portal for the purpose of investigating fraud and for risk management and related purposes.
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, provide copies of identification documents (such as your drivers' licence). 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, our e-commerce portal and/or Skill4Sale Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
Upon the Buyer awarding a service to the Seller, and the Seller's acceptance on our e-commerce portal, or the purchase of a skill by a Buyer from the Seller, the Buyer and Seller will be deemed to have entered into a User Contract under which the Buyer agrees to purchase, and the Seller agrees to deliver the Seller Services. You agree not to enter into any contractual provisions in conflict with the User Agreement.
You are solely responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User. You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Buyer or Seller, or in any other uses you make of our e-commerce portal.
If another User breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, we have no responsibility for enforcing any rights under a User Contract.
Depending on their jurisdiction, Sellers and Buyers may have rights under statutory warranties that cannot lawfully be excluded. Nothing in this User Agreement is intended to override a right that by applicable law may not be excluded.
Each User acknowledges and agrees that the relationship between Buyers and Sellers is that of an independent contractor. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between Users. Nothing in this User Agreement shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Skill4Sale and the User.
Each User acknowledges:
We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction (e.g. If the Payment is done using a stolen credit card) it will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.
We 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:
You acknowledge and agree that in the event that a dispute arises between you and another User in relation to any skill that you will first attempt to resolve any differences that you have in relation to such Skill, including in relation to the quality of the services provided.
If you continue to have any difficulties or problems in relation to a dispute with another User in relation to a published skill, we encourage you to contact us as set out in the Clause entitled Contact Us.
In relation to disputes with any other users of our e-commerce portal , you hereby agree to indemnify Skill4Sale from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to all such dispute or other Disputes.
If a dispute arises between you and Skill4Sale, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our Contact Us or emailing us at support@Skill4Sale.com
For any claim, Skill4Sale may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Skill4Sale elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Skill4Sale will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against Skill4Sale 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, Skill4Sale may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Skill4Sale has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Skill4Sale will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
Skill4Sale'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.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree that you will not use any robot, spider, scraper or other automated means to access the Skill4Sale our e-commerce portal for any purpose without our express written permission.
Additionally, you agree that you will not:
You will indemnify us (and our 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 Skill4Sale our e-commerce portal and Skill4Sale Services.
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach tour e-commerce portal, your Account or the Skill4Sale 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 unauthorised access of your account resulting from your failure to secure your password.
We do not offer any form of insurance, or other Buyer or Seller protection.
Because User identification on the internet is difficult, we cannot and do not confirm each User's purported identity. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
Our e-commerce portal is a dynamic time-sensitive portal. As such, information on our e-commerce portal will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidently by us or accidentally or purposefully by a third party.
Our Services, our e-commerce portal and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, and tort (including negligence), or any other form of liability, for:
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staffs have been advised of the possibility of such losses or damages arising.
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). Any relief awarded cannot affect other Users.
Legal notices must be served on Skill4Sale (in the case of Skill4Sale) or to the email address you provide to Skill4Sale during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
This Agreement will be governed in all respects by the laws of Indian jurisdiction.
The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
You consent to receive notices and information from us in respect of our e-commerce portal and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
It is important to read and understand all our policies as they provide the rules for dealing through Skill4Sale our e-commerce portal. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our e-commerce portal.
Each of these policies may be changed from time to time. Changes take effect when we post them on the Skill4Sale our e-commerce portal. When using particular services on our e-commerce portal, you are subject to any posted policies or rules applicable to services you use through our e-commerce portal, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.
Skill4Sale e-commerce portal has an obligation to conduct its business in accordance with all applicable rules, regulations and laws. We are committed to helping all Users act in a way that preserves trust and respect. This Code is meant as a guide to using our e-commerce portal appropriately and must be followed at all times. Violations of this Code or any policies or procedures will result in disciplinary action, up to and including account termination. Any questions regarding this Code should be addressed to Skill4Sale Support where we can provide you with additional information regarding the correct procedure(s) to follow and address any concerns you may have.
I am responsible for the content I post on Skill4Sale and:
I will not ask other Skill4Sale users for their private contact details and will communicate with them only through e-commerce portal features as per the terms agreed.