Terms & Conditions
Welcome to X Billion Skills Lab Private Limited’s Terms and Conditions. These Terms and Conditions (“Terms and Conditions”) are between X Billion Skills Lab Private Limited (referred to hereinafter as “X Billion Skills Lab”, “We”, “Our”, or “Us”) and You (referred to hereinafter as “the User(s)”, “You”, or “Your”). By accessing our Website www.xbillionskillslab.com and its related subdomains, sites and tools (“Website”) and/or our Application X Billion Skills lab (“the Application”), (Website and Application together to be referred as “Platform”) You agree to be bound by the provisions of these Terms and Conditions.
Please read this Terms and Conditions Agreement carefully. By using this Website or purchasing/ ordering products/ services from our Platform, You agree to be bound by all of the Terms and Conditions of this Agreement (“the Agreement”).
X Billion Skills Lab Private Limited is a company incorporated under the (Indian) Companies Act 2013 in India with its registered office at Dreamland Apt,7th Floor,CTS-D/1124,18 Ambedkar Rd,Opp LokGroup Tower,Khar (w) Mumbai Mumbai City MH 400052 IN , – , .
We are a Web/Application based platform at www.xbillionskillslab.com that offer and provide courses aimed at equipping the user with fundamental and technical skillsets and provide access to careers in sectors including but not limited to banking and financial services, healthcare, and e-commerce .
X Billion Skills Lab reserves the right to delete, alter or supplement the content of the Platform at any point in time for any reason without prior intimation, and employ reasonable efforts to include up-to-date and accurate information on the Platform. These terms are applicable to the Platform as well as any Facebook, Whatsapp or any other social media, email, phone, SMS communication or forum used or hosted by X Billion Skills Lab.
INTERPRETATIONS AND DEFINITIONS
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Company (referred to as either “X Billion Skills Lab”, “We”, “Us” or “Our” in this Agreement) refers to X Billion Skills Lab Private Limited, (Company Address).
- Content includes, without limitation, any location information, recommendations, reviews, videos, audio clips, comments, courses, information, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by X Billion Skills Lab on or through the Platform.
- Country refers to India.
- Device means any device that can access our content, services and/or Platform such as a computer, a cell phone or a digital tablet et al.
- “Service” or “Services” would mean the online courses including any collateral content offered by X Billion Skills Lab on our Platform. The services provided by X Billion Skills Lab shall include:
- The provision to the User to access such Content (as defined below), including the courses on the Platform which has been paid for by the User; and
- X Billion Skills Lab customer support, enabling You to contact us at email@example.com with any queries that You may have in relation to the Services provided by us.
- Terms and Conditions mean these Terms and Conditions that form the entire Agreement between You and X Billion Skills Lab regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- User Account means the account successfully opened by the User on the Platform by inserting information such as but not limited to name, contact details, user name, and password as required to be filled in the registration process and include any further changes and additions to the information from time to time.
- User Content means Content added, created, uploaded, submitted, distributed, posted or otherwise obtained through the Platform by users.
- Website refers to the X Billion Skills Lab site, accessible from https://www.xbillionskillslab.com.
- You refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
ACCEPTANCE OF TERMS AND CONDITIONS
(a) You are least 18 (eighteen) years of age and have the authority to enter into this Agreement. Users who are minors may only use the Services by obtaining prior consent from their parents or legal guardians.
(b) this Agreement is binding and enforceable against the user;
(c) to the extent an individual is accepting this Agreement on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity; and
Persons who are “competent/capable” of contracting within the meaning of the Indian Contract Act, 1872 shall be eligible to register on our Platform and access all our products and/or Services. Persons who are minors, un-discharged insolvents etc. are not eligible to register for our products and/or Services. As a minor if You wish to use our products and/or Services, such use shall be made available to You by Your legal guardian or parents, who has agreed to this Agreement. In the event a minor utilizes the Application/ Website/ Services, it is assumed that they have obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents. The Company will not be responsible for any consequence that arises as a result of misuse of any kind of our Platform or any of our products and/or Services that may occur by virtue of any person including a minor registering for the Services and/or products provided. By using the products and/or Services You warrant that, in case of minors using our Platform, they have obtained the consent of parent/legal guardian. X Billion Skills Lab reserves the right to terminate Your subscription and / or refuse to provide You with access to the products or Services if it is discovered that You are under the age of 18 (eighteen) years and the consent to use the products or Services is not made by Your parent/legal guardian or any information provided by You is inaccurate. You acknowledge that the Company does not have the responsibility to ensure that You conform to the aforesaid eligibility criteria. It shall be Your sole responsibility to ensure that You meet the required qualification. Any persons under the age of 18 (eighteen) should seek the consent of their parents/legal guardians before providing any Information about themselves or their parents and other family members on the Platform.
You understand and acknowledge that any and all decisions that You make with respect to the content You view and/or access on our Platform is Yours alone. This Agreement is made between You and us and shall come into effect when You click the checkbox to accept the Terms and Conditions.
X Billion Skills Lab endeavours to ensure that the information contained on our Platforms is accurate, however, We make no warranty as to the correctness or comprehensiveness of any of the content on the Platform and provides all content on an “as is” basis.
While some content is accessible freely to the User on the Platform, the User will have to register with X Billion Skills Lab and create their User Account to access our Platform completely and to be able to make any purchases of the Services provided on our Platform. Moreover, X Billion Skills Lab offers various courses on its Platform, each of which may be accessed by the User upon payment of the fee (“Course Fees”). It is the responsibility of the User enrolling in any specific course to evaluate the suitability and relevance of the course selected. The enrolment into a course is non-transferable.
If this Agreement conflicts with any other document, then this Agreement will prevail for the purposes of usage of our Platform.
REGISTRATION AND ELIGIBILITY
You may browse through and view some content on our Platform without registering, but as a condition to accessing full content and/or courses on our Platform, You are required to:
- Register with X Billion Skills Lab by creating an account (“User Account”) on our Platform and represent, warrant and covenant that You provide us with accurate and complete registration information (including, bot not limited to a user name (“User Name”), email address and a password which You will use to access the Platform) and to keep Your registration information accurate and up-to-date. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of Your User Account; and
- pay the requisite amount, as more particularly contained in Clause __ hereinunder, for accessing the course(s) on the Platform.
At the time of registration, Users may also be requested to provide supporting documents as specified by X Billion Skills Lab (in accordance with applicable laws). It shall be the responsibility of the Users to ensure the authenticity and validity of these supporting documents. All Users shall be responsible for protecting the confidentiality of User’s password(s), if any.
You shall not:
- Create any User Account for anyone other than Yourself without such person’s prior written permission;
- Use a User Name that is the name of another person with the intent to impersonate that person;
- Use a User Name or Account that is subject to any rights of a person other than You without appropriate written authorization;
- Create, use and/or access multiple User Accounts;
- Divulge or share access to Your User Account with any third party for any reason; or
- Use a User Name that is a name that is otherwise offensive, vulgar or obscene or otherwise unlawful.
X Billion Skills Lab reserves the right to refuse registration of, disable or cancel a User Name in its sole discretion. You are solely responsible and liable for all activity that occurs on Your User Account and shall be responsible for maintaining the confidentiality of Your X Billion Skills Lab User Name and password. You shall be responsible for restricting access to Your mobile phone/ computer/ other devices used to access Your User Account to prevent unauthorized access to Your User Account. You shall never use another user’s User Account without such other user’s prior express permission. You will immediately notify X Billion Skills Lab in writing of any unauthorized use of Your User Account, or other User Account related security breach of which You are aware.
Any conduct by a User that in X Billion Skills Lab’s exclusive discretion is in breach of this Agreement or which restricts or inhibits any other User from using or enjoying the Services is strictly prohibited.
X Billion Skills Lab hereby grants You a non-transferable, non-exclusive, revocable, limited license to access and use Our Platform during the term of this Agreement solely for the Purpose. X Billion Skills Lab may, from time to time, update, modify or release new versions of the Platform, which may, at X Billion Skills Lab’s discretion, be included within the license described above. You shall not be permitted to sublicense or transfer any of Your rights and/or obligations hereunder including, without limitation, access to the Platform. Subject to these terms, X Billion Skills Lab may offer to provide the Services, solely for Your personal and non-commercial use for the Purpose, and not for the use or benefit of any third party. Services shall include, but not be limited to, any services X Billion Skills Lab performs for You, any Applications or widgets offered by X Billion Skills Lab that You download from the Platform or from third party application stores authorized by X Billion Skills Lab , as well as the offering of any materials displayed or performed on or through the Services (including Content).
You shall not directly or indirectly copy or reproduce all or any part of the Platform, whether electronically, mechanically or otherwise, in any form including, but not limited to, the copying of presentation, style or organization. You may not resell, reproduce, publish, re-transmit, distribute, commercially exploit or create derivate works of the Services and Content thereof. You shall use the Platform solely for the intended Purpose and shall not use the Platform for the benefit of any third party except as specifically contemplated under this User Agreement.
Without limiting the generality of the terms above, the following are types of uses that X Billion Skills Lab expressly defines as falling outside of the definition of “non-commercial and personal use”, as used hereinabove:
- the sale or rental of
(i) any part of the Content,
(ii) any derivative works based at least in part on the Content, or
(iii) any collective work that includes any part of the Content;
- the sale of access or a link to any part of the Content;
- providing training, support, or editorial services that use or reference the Content in exchange for a fee; or
- the use of Content for display / upload / making available at a place that is accessible to the general public in any manner, including but not limited to any social media sites, video download sites, and torrents.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content has originated. We cannot guarantee the authenticity of any Content or data which users may provide about themselves. You acknowledge that all Content accessed by You using the Platform is at Your own risk and You will be solely responsible and liable for any damage or loss to You or any other party resulting therefrom.
All contents present on Our Platform are the exclusive property of X Billion Skills Lab. The software, text, images, graphics, video and audio used on the Platform belong to X Billion Skills Lab. No material from the Website/Application may be copied, modified, reproduced, republished, uploaded, transmitted, posted or distributed in any form without prior written permission from X Billion Skills Lab, except the non-exclusive, non-transferable, limited permission granted by X Billion Skills Lab to You to access and display the Web pages within this Website/ Application, solely on Your computer and for Your personal, non-commercial use of this Website/ Application. This permission is conditioned on (i) Your not modifying the content displayed on the Platform, (ii) Your keeping intact all copyright, trademark and other proprietary notices, (iii) Your acceptance of any terms, conditions and notices accompanying the content or otherwise set forth in this Site, (iv) Your agreeing to acknowledge X Billion Skills Lab as the source, citing the uniform resource locator (“URL”) of the page from which the information has been taken.
We may use Your User Content in a number of different ways in connection with the Services and X Billion Skills Lab’s business as We may determine in Our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing other users to do the same in connection with their own Websites, media platforms, and applications (“Third Party Media”). By submitting User Content through the Platform, You hereby do and shall grant X Billion Skills Lab a worldwide, non-exclusive, royalty-free, fully paid, sub-licensable (through multiple tiers) and transferable license to use, copy, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Services and X Billion Skills Lab’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Platform (and derivative works thereof). You also hereby do and shall grant each user of the Platform, including Third Party Media, a non-exclusive license to access Your User Content through the Platform, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content in connection with their use of the Platform and Third Party Media. For clarity, the foregoing license grant to X Billion Skills Lab does not affect Your other ownership or license rights in Your User Content(s), including the right to grant additional licenses to the material in Your User Content(s), unless otherwise agreed in writing with X Billion Skills Lab.
You represent and warrant that You have all rights to grant such license to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
You understand that all information publicly posted or privately transmitted through the Platform is the sole responsibility of the person from which such Content originated; that X Billion Skills Lab will not be liable for any errors or omissions in any Content; and that X Billion Skills Lab cannot guarantee the identity of any other users with whom You may interact in the course of using the Platform.
When You delete Your User Content, they will be removed from the Platform. However, You understand that any removed User Content may persist in backup copies for a reasonable period of time (but following removal will not be shared with others) or may remain with users who have previously accessed or downloaded Your User Content or maybe retained by X Billion Skills Lab for such period as stipulated under law.
There is no charge or fee for browning through the Website/ downloading the Application. However, the courses/Services We offer may only be accessible by payment of the Course Fees/ Services Fees by the User. When You pay the Course Fees/ Services Fee in whole, We will confirm Your enrolment via an email, text message or message via e-mail and the Application confirming such enrolment, depending on the selections You make via the Platform. Accordingly, You will be granted access to the respective course for which Fees has been paid in whole by You. An invoice may be provided to You along with the email confirmation or within ___ days/months thereafter. The User may pay the Course Fees, or any other such fee, by using the payment gateway services available on the Website/Application.
X Billion Skills Lab may at its sole discretion introduce new services and modify some or all of the existing Services/Courses offered. In such an event X Billion Skills Lab reserves the right to introduce fees for the new Services/Courses offered or amend/introduce the Course Fees/ Service Fees for existing Services/ Courses, as the case may be. Changes to the Course Fees/ Service Fees policies shall be posted on the Platform and such changes shall automatically become effective immediately after they are posted on the Platform. Unless otherwise stated, all fees shall be quoted in Indian Rupees and be payable to X Billion Skills Lab within such time as specified in the invoice.
To make payment of the Course Fees/ Services Fees, and any other fees as X Billion Skills Lab may introduce from time to time, You must have internet access, a User Account on the Platform, and a current valid accepted payment method as shall be specified by X Billion Skills Lab. X Billion Skills Lab does not store any of Your credit card information or such other information restricted by the Reserve Bank of India (RBI) for processing payment and has partnered with payment gateway services for the payment. By using a third-party payment provider, You agree to abide by the terms of such a payment provider. You agree that in case X Billion Skills Lab’s third-party payment provider stores any such information, X Billion Skills Lab will not be responsible for such storage, and it will be solely at Your discretion to allow the third party to store such information. Any loss of such information or any loss incurred by You due to the usage of such information will be solely a loss incurred by You, and X Billion Skills Lab is in no way liable for any such losses and is neither responsible to reimburse / make good such losses in any manner whatsoever.
You agree that depending on where You transact with us, the type of payment method used and where Your payment was issued, Your transaction with us may be subject to foreign exchange fees or exchange rates. X Billion Skills Lab does not support all payment methods, currencies or locations for payment. All applicable taxes are calculated based on the billing information You provide to us at the time of enrolment/purchase.
No refund will be made once the payment for a course has been made. We do not provide refunds for the lack of usage or dissatisfaction.
If You have subscribed for a free trial, the free trial period will last for the period of time specified during Your sign-up. Free trials may not be combined with certain other offers. If You have subscribed to a particular paid course within the last ___ months, or if Your payment method, physical address or email address has been associated with a User Account for that paid service, You are not eligible to receive a free trial for that course. If You begin Your subscription with a free trial, You may be ineligible for certain features of a course during Your free trial period. Provided that nothing contained above shall form any obligation on X Billion Skills Lab to offer a free trial to any User.
X Billion Skills Lab reserves the right to issue a warning, temporarily/indefinitely suspend or terminate Your membership of the Platform and refuse to provide You with access to the Website/Application in case of non-payment of the Course Fees/ Service Fees by You to X Billion Skills Lab. X Billion Skills Lab also reserves the right to take legal action in case of non-payment of fees by You to X Billion Skills Lab.
Notwithstanding the above and in the event of exceptional circumstances, if X Billion Skills Lab has granted You access to a course pending payment or part payment, and X Billion Skills Lab does not receive payment or the remaining payment, as the case may be, within the stipulated time period, X Billion Skills Lab may, at its own discretion, withdraw Your access to the course without giving any prior notice without prejudice to any other rights of X Billion Skills Lab.
Course Fees/ Service Fees paid by a User is generally non-refundable. Decisions on refunds will be exclusively on a case to case basis and will be dependent upon the sole discretion of X Billion Skills Lab.
USE OF THE PLATFORM
X Billion Skills Lab neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects nor modifies the information contained in the transmission. X Billion Skills Lab has no control over the third party user generated content.
X Billion Skills Lab reserves the right to cancel or reschedule any courses or Services provided or to alter, modify or rearrange the Courses and the content therein.
You understand and agree that You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to Your use of the Platform. In connection with Your use of the Platform You may not and You agree that You will not:
- X Billion Skills Lab reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that X Billion Skills Lab, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
- violate any local, state, national, or other law or regulation, or any order of a court, including, without limitation, Tax regulations;
- use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any Web pages or other services contained on the Platform;
- use the Platform for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies X Billion Skills Lab endorsement, partnership or otherwise misleads others as to Your affiliation with X Billion Skills Lab;
- dilute, tarnish or otherwise harm the X Billion Skills Lab brand in any way, including through unauthorized use of the Platform or the content thereon, registering and/or using X Billion Skills Lab or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to X Billion Skills Lab domains, trademarks, taglines, promotional campaigns or Our Platform and the content thereon;
- copy, store or otherwise access or use any information contained on the Platform for purposes not expressly permitted by these Terms;
- infringe the rights of X Billion Skills Lab or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right;
- interfere with or damage Our Platform, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use Our Platform to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- use Our Platform in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;
- “stalk” or harass any other user of Our Platform, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an X Billion Skills Lab User;
- register for more than one X Billion Skills Lab Account or register for an X Billion Skills Lab Account on behalf of an individual other than Yourself, except in case where the parent is registering the account for its child or guardian for its ward;
- contact another Member for any purpose other than inquiring about an Enrolment, Course, Listing, or the Member’s use of the Platform;
- recruit or otherwise solicit any Member to join third-party services or Websites that are competitive to X Billion Skills Lab, without X Billion Skills Lab’s prior written approval;
- recruit or otherwise solicit any Member to join third-party services, applications or Websites, without Our prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent Yourself or Your affiliation with any person or entity;
- use automated scripts to collect information from or otherwise interact with the Platform;
- use the Platform to find a User and then complete an enrolment of Course/ Services independent of the Platform, in order to circumvent the obligation to pay any Fees related to X Billion Skills Lab’s provision of the Services or for any other reasons;
- violate these Terms or X Billion Skills Lab’s then-current Policies and or Standards;
- engage in disruptive, circumventive, abusive or harassing behaviour in any area or aspect of Our Platform;
- post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- systematically retrieve data or other content from Our Platform to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- use, display, mirror or frame the Platform, or any individual element within the Platform, X Billion Skills Lab’s name, any X Billion Skills Lab trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the Platform, without X Billion Skills Lab’s express written consent;
- access, tamper with, or use non-public areas of the Platform, X Billion Skills Lab’s computer systems, or the technical delivery systems of X Billion Skills Lab’s providers;
- attempt to probe, scan, or test the vulnerability of any X Billion Skills Lab system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by X Billion Skills Lab or any of X Billion Skills Lab’s providers or any other third party (including another user) to protect the Platform;
- forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Platform to send altered, deceptive or false source-identifying information;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Platform;
- advocate, encourage, or assist any third party in doing any of the foregoing; or
- accept or make a payment for Course Fees/ Service Fees outside X Billion Skills Lab. If You do so, You acknowledge and agree that You: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold X Billion Skills Lab harmless from any liability for such payment.
X Billion Skills Lab has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, X Billion Skills Lab may take a range of actions against You, including but not limited to deactivating or cancelling X Billion Skills Lab Account, for a violation of this Section or these Terms.
X Billion Skills Lab may access, preserve and disclose any of Your information if We are required to do so by law, or if We believe in good faith that it is reasonably necessary to (i) respond to claims asserted against X Billion Skills Lab or to comply with legal process (for example, summons or warrants), (ii) enforce or administer Our agreements with users, such as these Terms, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and debugging purposes, or (iv) protect the rights, property or safety of X Billion Skills Lab, its users, or members of the public.
- You acknowledge that X Billion Skills Lab has no obligation to monitor Your access to or use of the Platform including any chat rooms and forums that may hereinafter be included as part of the Platform, or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure Your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.
X Billion Skills Lab may offer an acknowledgement, credential or certification for Users who complete their respective courses. The decision to award any credential or acknowledgment to a specific User shall be solely at the discretion of X Billion Skills Lab. The format of any certificate, and of any performance, provided by X Billion Skills Lab relating to the courses will be determined by X Billion Skills Lab in its sole discretion and may vary from course to course The User acknowledges that such certification is not affiliated to any educational institution and is not intended to convey academic merit or count towards academic credits of any educational institution. X Billion Skills Lab and the associated participating institutions have no obligation to have any course recognised by any educational institution or accreditation organisation.
You will be solely responsible for obtaining and maintaining all computer hardware, software, internet, telephone and any other equipment required to access to and use of Our Platform and all charges related thereto. You shall be exclusively responsible for ensuring that all the equipment is compatible with the Platform and Services. We shall not be liable for any damages to Your equipment resulting from the use of Our Platform.
All trademarks, patents, copyrights and other intellectual property rights owned by either party on the date hereof shall continue to be owned solely by such party, and except as set forth herein, nothing in this Agreement shall be deemed to confer any rights to any such intellectual property on the other party. For purposes of clarity: (i) as between You and X Billion Skills Lab, You shall be deemed to be the sole owner of all posted information entered onto the Platform or otherwise posted by You; and (ii) X Billion Skills Lab is the sole owner of the name “X Billion Skills Lab” as well as the Website, Application and all source code, object code, software, content, copyrights, trademarks, patents and other intellectual property related thereto or included therein. All suggestions, recommendations, bug-fixes, error-fixes or other communications from You to X Billion Skills Lab regarding the Platform shall, upon submission to X Billion Skills Lab, be owned solely and exclusively by X Billion Skills Lab. In addition, X Billion Skills Lab shall be entitled to post feedback on the Platform (and/or allow others to do so), both positive and negative, regarding any User. You acknowledge and agree that the applicable supplier(s) of any third party software included within the Platform shall own all worldwide rights, title and interest in and to such third party software (and any intellectual property rights therein).
- Copyright and Trademark Policy
We reserve the right to suspend, disable, or terminate the Accounts of Users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others. If You believe in good faith that materials on the Services infringe Your copyright, please provide us a notice requesting that the material be removed or access to it blocked and We shall review Your complaint. The notice must include the following information:
- identification of the copyrighted work claimed to have been infringed (or, if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow X Billion Skills Lab to locate the material on the Services;
iii. the name, address, telephone number, and email address (if available) of the complaining party;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- the physical or electronic signature of a Person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- a statement that the information in the notification is accurate and, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notice with respect to the Services can be sent to firstname.lastname@example.org.
X Billion Skills Lab also respects the trademark rights of others. User Accounts with any other content that misleads others or violates another’s trademark may be updated, suspended, disabled, or terminated by us in Our sole discretion. If You are concerned that someone may be using Your trademark in an infringing way on Our Services, please email us at email@example.com and We will review Your complaint. If We deem appropriate, We may remove the offending content, warn the individual who posted the content, and/or temporarily or permanently suspend or disable the individual’s account.
When You use the Platform or send an email or other data, information or communication to X Billion Skills Lab, You agree and understand that You are communicating with X Billion Skills Lab through electronic records and You consent to receive communications via electronic records from X Billion Skills Lab periodically and as and when required. X Billion Skills Lab will communicate with You by email or by notifications on the Platform which will be deemed adequate service of notice / electronic record.
CHANGES/ MODIFICATION OF TERMS AND CONDITIONS
(i) If You are no longer interested in receiving e-mail announcements and other marketing information from us, or You want us to remove any personal information that We have collected about You, You can opt-out anytime by sending an e-mail about Your request to X Billion Skills Lab.
(ii) We use and/or may hereafter use third-party service providers to serve ads on Our behalf across the Internet and sometimes on the Platform. They may collect anonymous information about Your visits to Our Website/ Application, and Your interaction with Our products and services. They may also use information about Your visits to this Platform and other Websites to target advertisements for goods and services. This anonymous information is collected through the use of a pixel tag, cookies and any other method which is industry standard technology used by most major Websites to collect information regarding usage of the Website/ Application by any User. No personally identifiable information is collected or used in this process. They do not know the name, phone number, address, email address, or any personally identifying information about the User.
BREACH AND SUSPENSION OF SERVICES
Without limiting other remedies, X Billion Skills Lab may without liability, limit Your activity, immediately remove Your Information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or terminate or block Your membership, and/or refuse to provide You with access to the Platform in the event, and remove any non-compliant Information, but not limited to:
- If X Billion Skills Lab is unable to verify or authenticate any information You provide;
- If You fail to reasonably cooperate in any investigation by us;
- If it is believed that Your actions may cause legal liability for You, other Users or X Billion Skills Lab; and
- If X Billion Skills Lab believes that You have breached any applicable law.
A User that has been suspended or blocked may not register or attempt to register with X Billion Skills Lab or use the Platform in any manner whatsoever until such time that such User is reinstated by X Billion Skills Lab. Notwithstanding the foregoing, if You breach this Agreement or the documents it incorporates by reference, X Billion Skills Lab reserves the right to recover any amounts due and owing by You to X Billion Skills Lab and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against You.
X Billion Skills Lab reserves the right to recover the cost of Service(s), collection charges and lawyer’s fees from persons using the Platform fraudulently. X Billion Skills Lab reserves the right to initiate legal proceedings against such persons for fraudulent use of the Platform and any other unlawful acts or omissions in breach of these Terms.
If You use the Platform, You are responsible for maintaining the confidentiality of Your User Account and password, and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your User Account or password. Because of this, We strongly recommend that You exit from Your User Account at the end of each session. You agree to notify X Billion Skills Lab immediately of any unauthorized use of Your User Account or any other breach of security.
You acknowledge that these are the Terms and Conditions governing the use of this Service and the Agreement that operates between You and X Billion Skills Lab. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Platform and/ or Our Service.
By accessing or using the Platform You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Platform.
You represent that You are over the age of 18. X Billion Skills Lab does not permit those under 18 to use the Service. Users who are minors may only use the Services by obtaining prior consent from their parents or legal guardians. In the event a minor utilizes the Platform, it is assumed that he/she has obtained the consent of the legal guardian or parents and such use is made available by the legal guardian or parents.
You acknowledge that X Billion Skills Lab is not an educational institution, university and/ or deemed university. You further acknowledge that Your participation in and completion of any course (i) does not establish any relationship between You and any educational institution with which X Billion Skills Lab may be affiliated; (ii) enrolls or registers You in any educational institution, or in any course offered by any educational institution; or (c) entitles You to use the resources of any educational institution beyond participation in the course.
X Billion Skills Lab may terminate Your access to all or any part of the Services, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all Information associated with Your membership. If You wish to terminate Your User Account, You may do so by following the instructions on the Platform. Any fees, including the Course Fees paid hereunder are non-refundable unless X Billion Skills Lab finds, in its sole discretion, appropriate to issue a refund. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, X Billion Skills Lab, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services being provided, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
X Billion Skills Lab is under no obligation to become involved in disputes or between two Users, or between Users and any third party arising in connection with the use of the Platform. You release X Billion Skills Lab, its officers, employees, agents, and successors in rights from claims, damages, and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and the Platform and/ or Service.
LIMITATION OF LIABILITY
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of Your access to and use of the Platform, Your enrolment of any Course/ Services via the Platform, and any contact You have with other users of X Billion Skills Lab whether in person or online remains with You. Neither X Billion Skills Lab nor any other party involved in creating, producing, or delivering the Platform will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, from the use of or inability to use the Platform, from any communications, interactions or meetings with other users of the Platform or other persons with whom You communicate or interact as a result of Your use of the Platform, or from Your Enrolment of any Course/ Services via the Platform, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not X Billion Skills Lab has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
In no event will X Billion Skills Lab’s aggregate liability arising out of or in connection with these Terms and Your use of the Platform including, but not limited to, Your enrolment of any course via the Platform, or from the use of or inability to use the Platform and in connection with any course or interactions with any other members, exceed the amounts You have paid or owe for enrolments via the Platform as a User in the ___ month period prior to the event giving rise to the liability. The limitations of damages set forth above are fundamental elements of the basis of the bargain between X Billion Skills Lab and the User.
You agree to release, defend, indemnify, and hold X Billion Skills Lab and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) Your access to or use of the Platform or Your violation of these Terms; (b) Your Member Content; (c) Your (i) interaction with any Member, (ii) enrolment of an Course/ Service; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an enrolment or attending of a Course/ Service.
Except for the User Content, any material, content or logos, marks, software on or part of the Service and all aspects thereof, including all copyrights and other intellectual property or proprietary rights therein, is owned by X Billion Skills Lab or its licensors. You acknowledge that the Platform and any underlying technology or software on the Platform or used in connection with rendering the Services are proprietary information owned or duly licensed to X Billion Skills Lab, except where it is indicated otherwise. You are prohibited to modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, marks, logos, and/or materials available on the Platform in whole or in part except as expressly allowed under the Terms. You have no other express or implied rights to use, in any manner whatsoever, the content, software, marks, logos, and/or materials available on the Website/ Application.
During the course of Your use of our Platform and/ or Service and access to the same, You may receive information relating to us or Our Services that is not known to the general public (“Confidential Information”). You agree that:
- All confidential information will remain X Billion Skills Lab’s exclusive property;
- You will use Confidential Information only as reasonably necessary for Your participation in Our Services;
- You will not otherwise disclose Confidential Information to any other person or third party; and
- You will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms.
You may not issue any press release or make any public statement related to Our Platform, Services, or use Our name, trademarks, or logo, in any way (including in promotional material) without Our advance written permission, or misrepresent or embellish the relationship between us in any way.
Notwithstanding the foregoing, X Billion Skills Lab may seek injunctive relief in any court of competent jurisdiction in respect of any matter concerning the infringement of its intellectual property rights or the use of its Services to infringe any third party’s intellectual property rights.
- Independent Parties- You and X Billion Skills Lab are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on Our behalf. These Terms will not create an exclusive relationship between You and Us. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties to this Agreement any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions herein are intended to be and are for the sole and exclusive benefit of X Billion Skills Lab and the Users. As between You and Us, You will be solely responsible for all obligations associated with the use of any third-party service or feature that you permit Us to use on Your behalf, including compliance with any applicable Terms. You will not make any statement, whether on your site or otherwise, that would contradict anything in this clause.
- Assignability-The Platform may assign any of its responsibilities/obligations to any other Person without notice to the User, at its sole discretion. However, You shall not assign, sub-license or otherwise transfer any of Your rights or obligations under this Agreement to any other party, unless written consent is taken from X Billion Skills Lab.
- Severability- If any provision of these Terms is found to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.
- Waiver- Failure by the Platform to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
- Force Majeure- The Platform is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, robbery, theft of data or any interruption or any failure of electricity or server, system, computer, internet or telephone service.
- Interpretation – In this Agreement, unless the context otherwise requires references to recitals, clauses and sub-clauses are to recitals, clauses and sub-clauses of this Agreement; headings are inserted for ease of reference only and are not to be used to define, interpret or limit any of the provisions of this Agreement; references to the singular number shall include references to the plural number and vice versa; words denoting one gender include all genders; any reference in this Agreement to a statutory provision includes that provision and any regulation made in pursuance thereof, as from time to time modified or re-enacted, whether before or after the date of this Agreement; and any reference to a time limit in this Agreement means the time limit set out in the relevant clause or Sub-clause or such other time limit which may be mutually agreed by the parties in writing.
X Billion Skills Lab shall provide customer support for responding to queries limited to topics in its sole discretion. If You have any questions, You may contact us at firstname.lastname@example.org.
CONTACT AND GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are as under:
Name: Gaurav Jain
Email Id: email@example.com