PREPMYSKILLS Terms and Conditions

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full as well as the website’s privacy policy. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please ensure that you read and understand all these terms and conditions before you use the website. If you do not accept any of the terms, then please do not use the website or avail any of the services being provided therein.

License to use website

Unless otherwise stated, Prepmyskills Services Private Limited (PMS) owns the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy, resell, distribute or otherwise exploit material on this website for a commercial purpose;
  • remove any copyright, trademark registration, or other proprietary notices from the content
  • edit or otherwise modify any material or content on the website, including but not limited to, any public display, description of material, pricing of the material;
  • decompile, reverse engineer, or disassemble any material or content on the website;
  • use the website in any way that causes, or is likely to cause damage or impairment to the website or interrupt free access to the website in any way;
  • use the website to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any information that is defamatory or harms minors in any way or contains any virus designed to interrupt or limit the functionality of the website; or
  • redistribute material from this website [except for content specifically and expressly made available for redistribution].

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without PMS’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without PMS’s express written consent.

Restricted access

Access to certain areas of this website is restricted. PMS reserves the right to restrict access to other areas of this website, or indeed this entire website, at PMS’s discretion.

If PMS provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You shall be solely responsible for the confidentiality, safety and security of the password. You shall also be the sole owner of the password and shall be responsible for the consequences arising out of disclosure of the password and/or the unauthorized use of the material or content on the website.

PMS may disable your user ID and password at its sole discretion without any prior notice or explanation. PMS further reserves the right to suspend your access to the website, if PMS is in the opinion that the security of the website or of the material or content could be compromised.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to PMS a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to PMS the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or PMS or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

PMS reserves the right to edit or remove any material submitted to this website, or stored on PMS servers, or hosted or published upon this website.

Notwithstanding PMS rights under these terms and conditions in relation to user content, PMS does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. PMS makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, PMS does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.

Limitations of liability

PMS will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if PMS has been expressly advised of the potential loss.

Payment

While availing any of the payment methods available on the website, PMS shall not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  • Lack of authorization for any transaction; or
  • Exceeding the pre-set limit mutually agreed by you and between the third-party bank; or
  • Any payment issues arising out of the transaction; or
  • Decline of transaction for any other reasons.

All payments made against the purchase of the services on the website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on the website.

You understand, accept and agree that the payment facility provided by PMS is neither a banking nor financial service, but is merely a facilitator providing an electronic, automated online electronic payment, on the website using the existing authorized banking infrastructure and Credit Card payment gateway networks.

You, as a purchaser of the services, understand that upon initiating a transaction you are entering into a legally binding and enforceable contract with PMS to purchase the services using the payment facility, and you shall pay the purchase price through your issuing bank to the third-party bank using such payment facility.

Communications

You agree to receive certain specific emails from us. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from us and our employees or agents. For contractual purposes, you consent to receive communications from PMS or any of its employees or agents electronically, and agree that all communications that are provided to you electronically satisfy any legal requirement stipulating that those communications be in writing. This condition does not affect your statutory rights.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, PMS has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against PMS officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect PMS’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as PMS.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify PMS and undertake to keep PMS indemnified against any claims, losses, damages, costs, obligations, debts, liabilities and expenses (including without limitation legal expenses and any amounts paid by PMS to a third party in settlement of a claim or dispute on the advice of PMS legal advisers) incurred or suffered by PMS arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions. This indemnification obligation shall survive these terms and your use of the services.

Breaches of these terms and conditions

Without prejudice to PMS other rights under these terms and conditions, if you breach these terms and conditions in any way, PMS may take such action as PMS deems appropriate to deal with the breach, including suspending your access to the website for a limited period of time or indefinitely, prohibiting you from accessing the website indefinitely, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

PMS may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment

PMS may transfer, sub-contract or otherwise deal with PMS rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, constitute the entire agreement between you and PMS in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with the laws of the Republic of India, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Bengaluru.

Please proceed only if you accept all the conditions enumerated herein above, out of your free will and consent.