Terms and Conditions Last update 1 year ago

1.Overview

By accessing the website, you agree to the following terms with SkillMonde.

We may amend this user agreement and any linked information from time to time by posting amended terms on the website, without notice to you.

The Website is an online venue where Users buy and sell Seller Services. Buyers/Client and Sellers/ Freelancers must register for an Account in order to buy or sell Services. The Website enables Users to work together online to complete and pay for Projects, buy and sell services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties and we cannot be held responsible for the quality of work delivered by Seller.

We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

2. Scope

You must read the whole User Agreement, the Website policies, and all related information before using the Website.

You must read and accept all of the terms in, and linked to, this User Agreement, the Code of Conduct, the SkillMonde Privacy Policy and other Website policies. You agree that this User Agreement will be in effect each time you use the Website or any of the tools we provide to interact with the Website by accepting it when you enter our website. We may present you with additional or different terms when you utilise certain Websites' services.

3. Eligibility

You will not use the website in the following instances:

Are not able to enter into a legally binding contract;
Are under the age of 18;
Are suspended from utilizing the site;
Do not hold a substantial or a valid Email address.

All free user accounts are associated with individuals. Login credentials ought not to be imparted by clients to any other person. The individual associated with the respective account will be considered accountable for all moves made by the account without limitations upon it. Subject to you local laws, a person over 18 years can use an adult’s account with the permission of the account holder.

Clients recognize and concur that where a business name or organization name is related with their Record, this Client Understanding is an agreement with the Client as an individual (not the business or organization) and Clients remain exclusively answerable for activity of any kind embraced in regard of their Record. An organization, company, trust, organization or other non-individual corporate substance might be a Client subject to a qualified corporate record which pays corporate memberships. We may, at our outright circumspection, decline to enrol any individual or substance as a Client. You can't move or appoint any privileges or commitments you have under this arrangement to anyone without our prior written consent .

4. Using SkillMonde

While utilizing or accessing the site, you won’t endeavour to or in any case do any of the accompanying:-

post content or items in inappropriate categories or areas on our Websites and services;
infringe any laws, third party rights or our policies;
fail to deliver payment for services delivered to you;
fail to deliver seller services purchased from you;
avoid or control our fee structure, the charging system or expenses owed to the Seller;
post false, inaccurate, misleading, deceptive, 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 Website);
transfer your SkillMonde account (including feedback) and Username to another party without our consent,
distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm SkillMonde, the Website, or the interests or property of SkillMonde 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;
attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
copy, modify or distribute rights or content from the Website or SkillMonde copyrights and trademarks;
harvest or otherwise collect information about users, including email addresses, without their consent;

5. Fees and services

You will be liable to pay all the fees and professional charges as per our fees schedule along with the incidental charges as and when required subject to our Payment mechanism, Fees and Refund Policy. Currently, we support INR as base currency for all the transactions in the platform.

6. Taxes

You will be liable to pay all the taxes at the time of availing the service as per the applicable rates and all the conditions will be applicable as per the existing provisions of the law prevailing at that present time.

7. SkillMonde’s Proprietary Rights

As between you and SkillMonde, the Websites is owned and/or provided by us. The names, logos, trademarks, trade dress, arrangements, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Websites (“Materials”) that we provide are protected by intellectual property and other laws. All Materials included in the Websites are the property of SkillMonde or its third-party licensors. You may only use the Websites and Services as expressly authorized by us and as set forth in this User Agreement. You shall abide by and maintain all intellectual property notices, information, and restrictions contained in the Websites and Services. We reserve all rights to the Websites and Services not granted expressly in this User Agreement.

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Websites and Services (“Feedback”) then you hereby grant to us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Websites and Services and create other products and services.

You grant us permission to include your name, logos, and trademarks in our promotional and marketing materials and communications.

Subject to your complete and ongoing compliance with this User Agreement and our rights therein, SkillMonde grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Websites and/or Services as described in and subject to this User Agreement.

8. Intellectual Property Rights in Deliverables

Upon full payment of sums due to the seller, the intellectual property in the deliverables, including the source code to the extent applicable, (except the Pre-Existing Materials and Third Party Materials), shall belong to the Buyer. The Seller hereby grants to the Buyer, a non-exclusive, non-transferable, license to use the Seller’s Pre-Existing Materials as well as Third Party Materials (as defined hereinbelow) delivered to the Buyer under this Agreement, solely in conjunction with the deliverables and not per se. With respect to Third Party Materials, the Seller shall provide the Buyer with all such rights which the Seller has under its agreement with its licensors.

On payment of all sums payable to SkillMonde under this Agreement the copyright in the deliverables shall belong to the Buyer. For the avoidance of doubt, all intellectual property rights, authorship rights and all other rights of whatsoever nature in and to the Buyer supplied content in whatever form or medium shall vest in and shall remain vested in the Buyer. All and any CD-ROMS and/or floppy disks and/or magnetic tapes and/or any other media containing the Buyer supplied content (together with all and any copies thereof) for inclusion in the deliverables will be destroyed immediately following the production by Seller of the masters. Seller may return such Buyer supplied content if instructed by the Buyer to do so.

Pre-Existing material shall mean, by reference to a Party, all Intellectual Property Rights, excluding Foreground IPR, owned by such Party or any of its Affiliates, or licensed or made available by a third party to such Party and under which such Party is authorised to grant licenses.

Third-Party Material shall include to mean any product / library / routine / component / illustration / image / animation/ 3D model/texture library/audio track/passages/poems/content used in the development of the deliverables which are from a licensed image bank or which have been either licensed/purchased by the Seller from third parties.

9. Intellectual Property Rights Infringement

It is standard procedure for us to respond to plainly written complaints of alleged intellectual property rights infringement. Our Copyright Infringement Policy is intended to notify us of suspected infringement as easily as possible while minimising the number of notices that are fictitious or challenging to comprehend or verify. Please let us know via this link on our website if you think your intellectual property rights have been violated, and we'll look into it.

10. Services Content

Subject to this Agreement, by providing your services content to or via the Services, you grant Us a license to host, store, transfer, display, perform, reproduce, modify for the purpose of formatting for display, and distribute your services content solely for the purpose of providing the services to you.

As between you and Us, you retain any copyright and other ownership rights that you may hold in your services content.

Some of our Services allow Sellers or third parties to access, use, or contribute to your services content, as you award Sellers a non-selective, sublicensable, irreversible and sovereignty free overall permit under all copyrights, brand names, licenses, patents, trade secrets, security also, exposure privileges and other licenses innovation freedoms to utilize, duplicate, communicate, print, distribute openly show, display disperse, reallocate, duplicate, remark on, change, adjust, interpret, make subsidiary works based upon publicly perform make available and otherwise exploit such user content, in whole or in part, in all media formats not known or hereafter devised and on third party sites and platforms in any number of copies and without limit as to time, way of recurrence of purpose minus any additional notifications to you, and without the necessity of consent from or instalment to you or some other individual or element.

You acknowledge and agree that: we act only as a forum for the online distribution and publication of the content. We make no warranty that the content is made available on the Website. We have the right to take any action deemed appropriate by us with respect to your content; 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 the Website; any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your content at our sole discretion.

You address and warrant that your substance:

a. will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;

b. will not violate any laws or regulations,

c. will not be obscene or contain child pornography;

d. will not be defamatory or trade libelous

e. will not include incomplete, false or inaccurate information about User or any other individual,

f. will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons,

g. will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information,

h. will not contain material linked to terrorist activities.

Data on the website/portal might contain general data about legitimate, monetary, wellbeing and different issues. The data is not exhortation, and ought not be treated accordingly, you should not depend on the data on the site as an option in contrast to proficient exhortation. On the off chance that you have explicit inquiries concerning any matter you ought to consult your professional adviser.

We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.

The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.

According to cancellation or hiding of any data or content, utilizing the site to erase, hide etc. discard data does not infer extremely durable cancellation of content or data. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.

We offer unrestricted access to third-party content, such as user reviews and articles with unique information and viewpoints. We merely serve as a portal and are not responsible for any third-party content on the Website, whether that content violates any laws relating to defamation, libel, privacy, obscenity, copyright, or other intellectual property. Links to websites operated by other parties may be found on the website. The websites that we link from the Website are not under our control. We do not support the practises, policies, or performance of the websites to which we provide links on the Website. You use websites, third-party content, and links to third-party content at your own risk.

11. Inactive accounts

In order to cover the costs of hosting the user's profile, portfolio storage, directory listings, promoting your profile on the website and elsewhere, providing the service, file storage, message transmission, general administrative matters, and other costs. User Accounts that have not been logged into for a period of more than 6 months will be charged a maintenance fee of Rupees five hundred only (INR 500) per month, until the account is either closed or reactivated.

An Inactive Account may be closed at our discretion.

We have the right to terminate a negative or zero balance account.

12. Right to refuse service.

Without warning, we have the right to close, suspend, or restrict your use of your Account. We may close, suspend, or restrict your access to your Account without restricting the aforementioned, including:

1. if we find that you have violated this User Agreement or are acting in violation of it;

2. if you submit an underbid on a project in an effort to renegotiate the real cost in private and try to save costs;

3. if we find that you have violated legal rights, including intellectual property rights, giving rise to existing or potential claims;

4. if you engage in or continue to engage in fraudulent or illegal activity;

5. if you ignore account verification requirements.

6. To control any risk of loss to us, a User, or any other person;

7. you are the target of an applicable United Nations, Indian, , USA, or other sanctions regime; or

8. our banking and payment arrangements forbid us from doing business with you;

9. for other reasons.

You might also be responsible for certain expenses as outlined in this User Agreement if we close your Account as a result of your violation of this User Agreement.

You must pay us all fees owed to us, as well as all damages and costs (including any and all of our employee time) and reasonable expenditures (including legal fees), to the extent that you have violated this User Agreement. This is in addition to any other remedies we may have at our disposal.

Unless otherwise stated in this User Agreement, you will be entitled to any payment owed to you by us if we close your Account for a cause other than your violation of this User Agreement.

If we close your Account, you won't be able to make any sort of complaint about the suspension or termination of your Account.

13. Dispute With Us

If a dispute arises between you and SkillMonde, our goal is to address your concerns immediately 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 customer support or emailing us [email protected]________

For any claim, SkillMonde may elect to resolve the dispute in a cost effective manner through binding non-appearance based arbitration. If SkillMonde 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 SkillMonde 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 SkillMonde 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, SkillMonde may recover its legal fees and costs (including in-house lawyers and paralegals), provided that SkillMonde has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim. You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding. If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, SkillMonde 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.

14. Feedback, Reputation and Reviews

You recognize that you transfer copyright of any input, reputation surveys or reviews you leave comprising of remarks and any ratings along with any composite rating by us. You recognize that such input, reviews and surveys have a place exclusively with us, despite that we license you to utilize it on our site while you stay a client. you should not utilize, or deal with such feedback, reputation and reviews in any capacity conflicting with our policies a posted on the website occasionally without our earlier composed authorization.

You may not do or exclude to do whatever might sabotage the trustworthiness of the SkillMonde feedback framework. We are qualified to suspend or terminate your account whenever if we, in our sole and outright attentiveness, are worried by any input about you, or your criticism rating, where we believe our feedback system may be subverted.

Our feedback rating belong to us and may not be utilized for any reason other than working with the arrangement of provision of seller services via the Website.

15. Advertising

Except if generally concurred with us, you should not publicize or advertise and outer website, product or service on the website. Any website address posted on the website, including for a posting, bid, listing description. Explanation board or the message board, must relate to a project, contest, item listed, user or service being performed on the website.

We might show commercials or advancements on the website. You recognize and concur that we will not be liable for any misfortune, loss or damage of any sort caused by you because of the presence of such commercials or advancement or any ensuing dealing with outsiders. Furthermore, you recognize and agree that content of any ads or advancements might be safeguarded by copyrights, trademarks, service marks, licenses or other intellectual property or any other relevant laws. Except if explicitly approved by SkillMonde or third party holders, you make a deal to avoid amend, sell, disseminate, appropriate or create derivatives works based on such advertisement/advancement.

16. Communicating with other Users

Correspondence with different users on the website should be led through the text, audio or video chat functionality, along with the message sheets, public explanation sheets. Project message board, direct message sending and other correspondence channels gave on the website. You should not post your email address or any other contact information n the website, beside in the “email” field of the information exchange structure, at our solicitation or as in any case allowed by us on the website

You must only communicate with Users via Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, Snapchat, GTalk, GChat or Yahoo. In relation to video chat and audio chat on the Platform, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.

SkillMonde might utilize data like your name, location, username and additionally your picture, in connection to the provision messaging service on the website or in the versatile mobile applications. We might peruse all correspondence that has been posted on the website and download or access and test (if Important), all uploaded data, projects and websites connected with your utilization of the site to research, extortion, regulatory compliance, risk the board and other related purposes.

17. Users and User Services:

Upon the Buyer awarding the Seller a project, the Seller's acceptance on the Website, or the Buyer's purchase of an item 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 provide the Seller Services.

You agree not to enter into any contracts that conflict with the User Agreement.

You are solely responsible for ensuring that you fulfil your obligations to other Users. If you don't, that User may hold you accountable. All applicable local, state, federal, international, common law statutes, ordinances, and regulations must be familiar to you.

You are solely responsible for enforcing any rights you may have if another User violates any of their contractual obligations to you. To be clear, we are not responsible for upholding any user-acquired rights.

Under the laws of their respective nations, Sellers and Buyers may be entitled to remedies under statutory warranties that cannot be excluded. Nothing in this User Agreement is intended to supersede a right that is inalienable by applicable law. Nothing in this User Agreement is intended to contravene any laws governing unfair contracts, and it has been specifically changed to assure compliance with those requirements. If any element of this User Agreement interferes with any inalienable rights recognized by local laws, both parties intend for it to be read down only to the extent necessary to be in compliance with those rights.

Each User is aware of and agrees to the independent contractor status of the buyer-seller relationship. Nothing in this User Agreement creates a partnership, joint venture, agency, or relationship of employment between Users. This User Agreement is in no way intended to establish a joint venture, partnership, or employer-employee relationship between SkillMonde and any User.

18. Limits and Fraud Prevention

If the source of the funds is thought to be fraudulent, we reserve the right to suspend a User withdrawal request.

Any funds transferred from one account to another as the consequence of a fraudulent transaction will be reversed as soon as we become aware of it. You must deposit the money into your Account if it has already been granted to you. If you don't, we may close your account, put restrictions on it, or take other measures to get your money back.

If any of the following apply:

1. We believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe there is a risk that such funds will be subject to reversal or chargeback;

2. We believe the beneficiary of the payment is someone other than you;

3. We believe that the payee is a third party; or

In rare situations, if you are the subject of a dispute, we may temporarily restrict the amount of money in your Account to pay for any potential liabilities. We will remove the restriction on your funds if the dispute is settled in your favour, and you could then receive access to those funds. We reserve the right to withdraw cash from your Account if the dispute is not settled in your favour. In cases where we suspect you of fraud or other undesirable behavior, we may also impose limits on your account while we look into the situation.

19. Chargebacks

Any subsequent reversal instruction and chargeback (a dispute to a payment that a User files with their card issuer or financial institution) are made by the issuer of the payment product or other parties (such as payment processors), not by us. We are required to comply with such directives. You recognize and agree that any chargebacks and reversals that may occur are subject to our right to be reimbursed imposed on us by an issuer of a payment product or by outside parties (such payment processors) on money paid to Payments made to us by buyers through the website, including with any processing or additional costs, are all your responsibility those reversals and chargebacks.

You acknowledge and agree that your payment product issuer or third parties may ask us to reverse any such payments made to you (such as payment processors). You fully agree and consent to us sharing any and all information related to your agreement of these terms and conditions in order to defeat any chargeback requests if you initiate any chargeback requests, any "Requests for Information," or similar processes.

20. Other disputes with users

You understand and agree that you will first try to settle any disagreements you have with respect to such Project, including those relating to the caliber of the services offered, if a dispute ever occurs between you and another User regarding any Project.

We advise you to get in touch with us as described in the clause labelled "Contacting us" if you continue to experience any difficulties or issues relating to a dispute with another User in regard to a Project.

You consent to this provision being followed in the event of a disagreement occurring between you and another User that is not related to a Milestone Payment (which must be handled in accordance with the Refund Policy). In all such disagreements, SkillMonde shall have the authority to decide. SkillMonde has the right to ask the Seller and the Buyer for evidence to back up their claims or positions in respect to a dispute after receiving it. You acknowledge that SkillMonde may accept or reject any document submitted at its sole discretion.

You agree that SkillMonde will only make decisions in the capacity of an ordinary reasonable person and that we are not a court or alternative dispute resolution agency. Furthermore, you agree to hold SkillMonde and any of our affiliates harmless from any damages or liability you may experience as a result of any documentation or materials later being revealed to be false or deceptive, and we do not guarantee that the documents provided by the parties to the dispute will be true, complete, or correct.

You hereby agree to hold SkillMonde harmless from any and all claims, demands, and damages (actual and consequential), of every kind and nature, known and unknown, arising out of any disputes with other users of the Website, our decisions, o for Other Disputes.

All of the services provided by SkillMonde are subject to the SkillMonde Code of Conduct. You have committed to playing fairly and posting reasonable and just demands and offers in your disagreement. No behaviour involving threats, blackmail, intimidation, or attempts to persuade users to offer favorable feedback will be accepted, especially any reluctance to produce deliverables or pay for the supply of feedback.

21. Survival and release

Any other agreement between you and the Company is superseded by this one. If any portion of this agreement is determined to be unenforceable, that portion shall be limited to the least amount required to ensure that the remainder of this agreement is valid and enforceable. Any rights we may have to later enforce that provision or any other provision of this agreement are not waived by our failure to enforce any provision of this agreement. Any of our rights or duties under this agreement may be transferred at any time.

You agree that the Company is not required to get involved in disputes between users of this site or between users and any third party. You release the Company, its officers, employees, agents, and successors from any claims, demands, and damages of any kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected to such disputes and/or our Services in the event that you have a disagreement with one or more other users.

22. Access and interference

You acknowledge that without our prior written consent, you will not use any robot, spider, scraper, or other automated means to access the Website via any means, including, for the avoidance of doubt, access to our API or application programming interface.

Furthermore, you acknowledge that you won't:

1. perform any action that places or would place (in our sole discretion, exercised fairly) an excessive or disproportionately big demand on our infrastructure;

2. to interfere with, harm, manipulate, disrupt, disable, change, overload, or impair any device, software system, or network connected to or used (by you or us) in connection with the Website or your Account, or to help another person do any of these things, or to take any other action that imposes or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;

3. duplicate, reproduce, modify, alter, distribute, or publicly display any content (apart from your information) from the websites without SkillMonde and the relevant third party's prior express written consent, as applicable;

4. overcome our robot exclusion headers or other security measures we may use to block or restrict access to the Website.

5. interrupt or attempt to interfere with the proper functioning of the Websites, services, or tools, or any activities undertaken on or with the Websites, services, or tools.

23. Closing your account

Account closure is contingent upon:

1. there being no pending listings on the Website;

2. the resolution of any outstanding issues (such as a suspension or restriction on your Account);

3. payment of any unpaid fees or other sums owed on the Account;

4. there being no live projects assigned to you by the Buyer.

To fulfil legal responsibilities and our own external commitments, we might keep part of your personal information. Even if you close your account, we may still retain some of your information.

24. Privacy

According to the terms of the SkillMonde Privacy Policy, we utilise your information. You must not use our services if you object to the transfer or use of your information in this manner. For the avoidance of doubt, throughout the usual course of doing business in our online marketplace, your name and personal information will be used for identity purposes. This may appear on invoices and purchase orders between parties to a transaction, including but not limited to those that are automatically generated upon awarding, accepting, and paying.

25. Indemnity

By using the Website and the SkillMonde Services, you agree to hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand made against us by a third party due to or arising out of your violation of this Agreement or your infringement of any law or the rights of a third party. This includes legal fees and costs.

Additionally, we reserve the right to deduct any cash in your Account from any debts you have to us or losses we incur as a result of your violation of this User Agreement.

26. Security

When you learn of any unauthorized access or other security breach to the Website, your Account, or the SkillMonde Services, you must notify us right once and take all necessary steps to mitigate it (including preserving evidence and notifying appropriate authorities).

You must keep your User Account private and keep your password to yourself. Your password security is entirely your responsibility. Any loss or harm resulting from unauthorized access to your account as a result of your failure to keep your password safe is not our responsibility.

27. No warranty as to Each User’s Purported Identity

We are unable to verify each User's claimed identity on the Website, and we choose not to. We might divulge details about a User, like a strength or risk score, their location, or the results of a background check by a third party or other authentication of their identity or credentials. However, this information is completely based on information that Users submit, and we only provide it for the users' convenience. It is not an introduction, endorsement, or suggestion from us.

28. No warranty as to Consent

The site is dynamic and time-sensitive. Information on the website will therefore change often as a result.

It's possible that some information may be construed as offensive, hurtful, inaccurate, or misleading, or that it may have been mistakenly or intentionally mislabeled by us, a third party, or both.

Our Services, the Website, and all of its contents are given "as is," "with all faults," and "as available," without any explicit or implied warranties of any kind. Without limiting the aforementioned, we disclaim any representations and warranties regarding:-

1. the Website or any Seller Services or SkillMonde Services;

2. the Website or any Seller Services or SkillMonde Services;

3. whether the Website or any Seller Services or SkillMonde Services will be up to date, uninterrupted, secure, error-free, or non-misleading;

4. whether Website flaws will be fixed; and

5. whether the Website, any Seller Services, or any SkillMonde Services

6. the infrastructure on which the Website, Seller Services, or SkillMonde Services are based, being free of errors or malicious code, secure, or running at a specified standard or serving a specific function.

We expressly disclaim any implied claims of title, merchantability, fitness for a particular purpose, quality, appropriateness, and non-infringement to the fullest extent permissible by law.

29. Legal Limitations.

Some of these exclusions or limitations may not apply to you because some jurisdictions do not permit them, as was stated above. In any case, the liability will be curtailed to the fullest extent permitted by the relevant laws. Any claim, action, process, or lawsuit you bring against us for any issue resulting from a transaction or in any other way relating to this User Agreement may be rejected by us on the grounds that it violates this User Agreement.

You and we agree that in any putative class or representative action or proceeding, none of us will be allowed to pursue claims against the other as a plaintiff or a member of a class. The arbitrator shall not, unless both you and we agree otherwise, have the authority to combine or join the claims of more than one person or party, or to otherwise preside over any form of a consolidated, representative, or class proceeding. Additionally, the arbitrator may only grant remedies (such as monetary, injunctive, and declaratory relief) in the favour of the specific party seeking it, and only to the extent required to satisfy that party's specific claim (s). No relief granted may have an impact on other Users.

30. Notices

You will receive legal notices through email at the address you give SkillMonde when registering.

Unless the sending party receives notification that the email address is invalid or that the email was not delivered, notice will be deemed given 24 hours after it is sent via email. Alternatively, you may get legal notification from us by letter at the address you supplied to us when you registered. In this scenario, three days following the date of mailing, notice will be deemed given.

31. Law and Forum For Legal Disputes

The laws of India will be applied uniformly to this Agreement. We urge you to use authorised mediation to try and settle problems (such as online dispute resolution processes). You and SkillMonde irrevocably submit to the non-exclusive jurisdiction of the Indian courts if a dispute cannot be settled.

32. Force Majeure

In no event shall Neither Party be responsible or liable for any failure or delay in the performance of its obligations under this User Agreement, arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services, epidemic, pandemic order, regulation, or restriction imposed by governmental, military or lawfully established civilian authorities, or by making of repairs necessitated by an emergency circumstance not limited to those listed above upon the property or equipment of the party or property or equipment of others which is deemed under the operational control of the party (“Force Majeure Events”);

Any Party claiming a Force Majeure event shall use reasonable diligence to remove the condition that prevents performance and shall not be entitled to suspend performance of its obligations in any greater scope or for any longer duration than is required by the Force Majeure event. Each Party shall use its best efforts to mitigate the effects of such Force Majeure event, remedy its inability to perform, and resume full performance of its obligations hereunder. A Party suffering a Force Majeure event (“Affected Party”) shall notify the other Party (“Non-Affected Party”) in writing (“Notice of Force Majeure Event”) as soon as reasonably practicable specifying the cause of the event, the scope of commitments under the Agreement affected by the event, and a good faith estimate of the time required to restore full performance. Except for those commitments identified in the Notice of Force Majeure Event, the Affected Party shall not be relieved of its responsibility to fully perform as to all other commitments in the Agreement. If the Force Majeure event continues for a period of more than 90 days from the date of the Notice of Force Majeure Event, the Non-Affected Party shall be entitled, at its sole discretion, to terminate the project with the affected Party.

33. Severability

The sections of this User Agreement are separate from one another, so if any of them are found to be unlawful or unenforceable, the remaining provisions will still be enforceable. In the event that we sell or otherwise transfer any or all of our assets, we may at any time assign this Agreement to a related entity or, without your permission, to a third party. You will continue to be obligated by this User Agreement even in the case of a sale or transfer.

34. Interpretation

Only for convenience, and in no way defining, limiting, construing, or describing the scope or extent of such section, headings are provided.

35. No Waiver

We may nevertheless take action in response to later or similar breaches even if we choose not to in response to an expected or actual breach by you or others. This clause does not limit or exclude your liability for fraud or false misrepresentation.

36. Communications

You agree to receive communications from us regarding the Website and Services, including notifications and information, electronically. You can revoke your consent at any time, but doing so can result in us suspending or closing your account.

37. Abusing SkillMonde

To the fullest extent permitted, SkillMonde reserves the right to impose restrictions on, suspend, or terminate our service(s) and or user account(s), to restrict or prohibit access to our service(s), to delete any content, and to take any and all technological or legal actions to prohibit users.

Without restricting the justifications for the aforementioned actions, actions that could trigger this reaction include:

1. Using our services for any illegal or dishonest intent

2. Posing risks of legal trouble or upsetting other users

3. violating another person's intellectual property rights

4. failing to follow any of our policies in text or spirit

5. Mistreatment of any employees, including offensive or unreasonable communications

7. Any effort to exploit the SkillMonde platform or services in a distasteful manner.

38. Feedback

Please get in touch with us through our customer care website or by contacting us [email protected]____ if you have any inquiries about this User Agreement or if you wish to report violations of this User Agreement.