Terms and Conditions

These terms of use (the “Terms of Use”), read together with the privacy policy located at www.myskillaudit.com/privacypolicy (“Privacy Policy”) constitute a legal and binding agreement (“Agreement”) between You (hereinafter referred to as “You”, or “Your” or “User(s)” and CLAP Smart Learn Pvt.Ltd (the “Company” which owns the brand www.myskillaudit.com), having its registered office at 4th Floor, Jakha Arcade, No 587, Balaji Layout, 100 Ft Road, Vajrahalli, Bangalore, Karnataka, India – 560062 and provides, inter alia, the terms that govern Your access and use of the Company’s website, Services and products.

1. Terms of Use

These Terms of Use constitute an electronic record in accordance with the provisions of the Information Technology Act, 2000 and the Information Technology (Intermediaries guidelines) Rules, 2011 thereunder, as amended from time to time. By choosing to visit the Platform and/or avail any Services provided by Company, you agree to be bound by these Terms. Please read the following information carefully. If you are a parent or guardian and you provide your consent for your child's use of the Platform, you agree to be bound by these Terms in respect to their use of the Platform. By your continued access or use of the Platform, you signify your agreement to be legally bound by the Terms set forth herein. If you do not agree to the Terms of this agreement, promptly exit this page and stop accessing the Services.

These Terms of Use apply to all users of the Website including students and educators visiting the Website who may directly or indirectly be providing content for the Website.

2. Description of Services

The Company facilitates career mapping, career counselling, skill audit, skill training, online management, entrepreneurship education and skill coaching services to teenagers and youth. We aim at provide career mapping and counselling services to the youth.

3. User ID and Password

In order to access the Company’s Platform and its services, You may have to create an account and disclose information including, but not limited to, (i) name, e-mail ID, photograph, location and other contact information (ii) gender and other demographics (iii) birth date and year to validate the current age of the Child (iv) your email address to acquire the parental consent. You must be at least 18 years old to register on the Platform. If you are under 18 years old, you are not permitted to register on this site unless such registration is completed by a parent or legal guardian. You acknowledge that your user ID and password (“Participant Account“) is for your exclusive use only. Use or sharing of your Participant Account with another user or person is not permitted and is cause for immediate blocking of your access to the Platform, the Services and the content provided by the Company and shall lead to termination of this Agreement without any notice.

You are solely responsible for maintaining the confidentiality of your Participant Account and for all activities that occur under it. You agree to immediately notify to the Company if you become aware of or have reason to believe that there is any unauthorized use of your Participant Account. You also agree to take all reasonable steps to stop such unauthorized use and to cooperate with the Company in any investigation of such unauthorized uses. The Company shall not under any circumstances be held liable for any claims related to the use or misuse of your Participant Account due to the activities of any third party outside of your control or due to tour failure to maintain the confidentiality and security of your Participant Account.

4. Modules and Curriculum

The Company will have its sets of assessments or tests to which the Child is expected to complete. The counsellors may support the child and parent to understand the report through a structured career counselling process if they opt for it.

The Company shall also grant you access to personalised assessment reports, videos, other material, content, curriculum, documents and other information and data (“Curriculum”) which may be in video, audio, written, graphic, recorded, photographic, or any other format in relation to the modules for which you have registered for. The Company reserves the right to amend, revise or update the Curriculum at any time.

6. License to Use

The Company hereby grants You a limited, personal, revocable, non-sub licensable and nonexclusive license to access and use the Service for personal or internal business purpose through the Website. This license granted herein does not include any collection, aggregation, copying, duplication, display or derivative use of the Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless otherwise set forth in this Agreement.

You are not permitted to reproduce, transmit, distribute, sub-license, broadcast, disseminate, or prepare derivative works of the assessment, reports, Curriculum, or any part thereof, in any manner or through any communication channels or means, for any purpose other than the limited purpose mentioned above, without the Company’s prior written consent. Any use of the Services and/or Website beyond the scope of authorized access as set forth in these Terms of Use immediately terminates any permission or license granted herein

In addition to the above, You further acknowledge and agree that You will not:

1. Reproduce or attempt to reproduce the Website;
2. Modify, adapt, translate or create any derivative works of the Website or attempt to do the foregoing;
3. Attempt to circumvent or disable the Website or any technology, features or measures in the Website by any means or in any manner;
4. Attempt to decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Website;
5. Distribute, encumber, sell, rent, lease, sub-license the Website to any third party;
6. Access or use the Website/Services/products in any manner that could damage, disable, overburden or impair any of the Website’s servers or the networks connected to any of the servers on which the Website is hosted.
7. Make available any content or material that You do not have a right to make available under any law or contractual or fiduciary relationship, unless You own or control the rights thereto or have received all necessary consents for such use of the content.
8. Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Website or used in connection of the Website.
9. Disrupt or interfere with the security of, or otherwise cause harm to, the Website/Services/products, materials, systems resources, or gain unauthorized access to user accounts, passwords, servers or networks connected to or accessible through the Website/Services/products or any affiliated or linked sites.
10. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity.
11. Post, transmit or make available any material that contains viruses, trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Website/services, interests or rights of other users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent.
12. Give any unauthorized access or distribute or reproduce the educational content or any other content which you may access on the Website to a third party. In the event, the Page 3 of 8 Company becomes aware of any Users giving unauthorized access to any third party or distributing or reproducing any educational and related content on the Website to or any third-party channel, Company’s competitors or any media house, the Company reserves the right to suspend or terminate the said User’s account with immediate effect.

7. Intellectual Property Rights

You acknowledge that the Company is the sole and exclusive owner of the Platform, the services provided by the Company,reports, the curriculum, and its content and as such the Company is vested with all the Intellectual Property Rights and other proprietary rights in the Platform, the Services, content and the curriculum.

The Company may from time-to-time upload videos, audios/ sound recordings, content and other materials on the website which shall be the exclusive property of the Company. You undertake not reproduce, transmit, retransmit, distribute, publish, post, share or make available the said videos, audios/ sound recordings, content and other materials or any part thereof which are available on the Platform in any manner whatsoever.

Additionally, the Company also retains all rights (including copyrights, trademarks, patents, designs, logos, trade-dress, trade-secrets, know-how as well as any other intellectual property right) in relation to all information provided on or via this Platform, including but not limited to all texts, graphics, photos, illustrations, apps and logos except the content, reading material, curriculum, tests and exercises made available to you from www.Code.org. You shall not copy, download, publish, distribute or reproduce any of the information contained on this Platform or social media in any form without the prior written consent of the Company.

The Company retains all the rights in the video recordings, sound/audio recordings, images, photos, pictures/ images clicked during the classes, lectures delivered by the Company’s tutors, text and other material posted on the Platform and shall be the sole owner of the same. You undertake that you shall not record, make videos or sound/ audio recordings, take screen shots, click pictures and shall not download, publish, transmit, display, reproduce, transmit, distribute, post, share or make copies of any of the classes/ lectures that are conducted by the Company (including the trial classes), video recordings, sound/audio recordings, images, photos, pictures/ images, text or other material, whether in full or in part, unless you obtain prior written approval from the Company. Any recordings, videos, sound/audio recordings, screen shots, pictures, images, material or content which is obtained in any manner without the prior written consent of the Company shall amount to breach of the instant terms and conditions and you shall be solely liable for the said breach under the applicable laws. All other rights are reserved.

8. Use of the Platform by the Child/student

You expressly acknowledge and undertake that:

You are competent and have all the necessary legal rights to enter into this agreement on behalf of the child/student.

You grant your consent to the Company for your child/student to attend and participate in assessment process, counselling, the classes, courses, tests, sessions and/or any other program conducted and/or organized by the Company on its Platform and in relation to the services provided by the Company. You undertake that the participation of the Child/student and all the activities done by the Child/student will be under your direct and constant supervision. You further accept full and complete liability arising out of the child’s acts, whether direct or indirect.

9. Payment and Refund

• The Platform is a paid service and the payments made by You shall be according to the plans opted by You through the Platform. You explicitly agree to pay the fees for the assessment/counselling/skill auditing/parenting programme/courses/ plans that you purchase, and you authorize the Company to charge you as per the applicable payment mode opted by you.
• All payments shall be through the payment mechanism put in place by the Company and You shall be responsible for paying all fees and applicable taxes in a timely manner as per the mechanism associated with the Plan availed by You.
• The payment gateway mechanisms are governed by the terms and conditions of the third-party providers as listed on the Platform and the User agrees to be bound by those terms.
• Valid Credit / Debit/ Cash Card/ online bank transfers and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms agreed to between the Users and the respective issuing bank and payment instrument issuing company. We shall not be liable for any unauthorized use, fraud, payment refunds, lost amount etc. in the transaction.
• The amount of refund payable shall only be limited to the amount paid by the User for Services which were not rendered to the User by Us. In case of refund of EMI transactions, User will be charged interest as per bank’s regulations.
• We attempt to process and complete refund requests within 24 hours from the time of receiving the refund request, however, in case there is any delay in refund beyond the period of 72 hours, then you may notify us on [email protected]. The refund process may include a feedback call to you and validation of key information that may be required by us to process the refund request.
• We reserve the right to change any fees at any time at our sole discretion and any change, update, or modification in the fee shall become effective immediately upon the same being posted/uploaded or notified on our website.

10. Third Party Services

You acknowledge that the Services provided by the Company uses and/or contains certain softwares, products and services which are developed and owned by third parties, the use of which is governed by terms and conditions of such third parties. Please read the User Agreement and Privacy Policy for these sites separately before using the said third party websites. By accessing the said third party websites, you agree to be bound by the respective user agreement and privacy policy of these third parties. Accordingly, you agree that the Company will not be responsible for such Third-Party software, products and services nor for any error, malfunction or defect in the Service resulted therefrom.”

11. Third Party Permission

The Company has subscribed to various third-party service providers and you agree and acknowledge that, while accepting these terms, you explicitly grant permission to these service providers to use your information. In the event of any dispute between the third party and you the company shall not be held liable in any matter whatsoever.

12. User Content

The Company offers You and the Child the opportunity to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials, including, without limitation to articles, commentaries, photographs, text, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions, business plan presentation or personally identifiable information. The Company may remove content at its discretion, subject only to its express obligations in respect of peer-reviewed articles.

The Child may choose to write and post reviews on the Platform. We do not encourage your Child to post any Personal Information on the Platform and the ill effects of such revelation shall be borne by you. However, you can request the Company via e-mails to delete any such information posted by the Child. For the purpose of verification, the Company will review and scrutinize such emails before responding. The Company will not be held responsible or liable for any of the User content provided by You on the Company website. You must not attempt to avoid or undermine any protections that the Company may put in place for the security and operation of any website.

You hereby explicitly consent and grant permission to the Company to record, make videos, audio/sound recordings, take screenshots during the classes/ lectures that are conducted by the Company on its Platform to the extent required to improve the services offered by the Company.

All rights, ownership, and intellectual property in the ‘User Content’ created by your child on or by using the platform, during the period of the tutorial classes or the course, or the assessment report the shall vest in the Company. You hereby explicitly consent and transfer all such rights, ownership, and intellectual property in the ‘User Content’ to the Company for a worldwide, royalty-free, and perpetual use. The Company shall have the sole and exclusive right to use, copy, modify, adapt, prepare derivative works from, distribute, perform, and display any/all such ‘User Content’.

By uploading, submitting, creating, or publishing your User Content to or through the Services, you represent, and warrant that:

you are the creator and owner of your User Content and that you have the authority to use or have the necessary licenses, rights, consents, and permissions to publish the User Content you submit.

The business ideas, business plan or any other data created for the participant’s business however won’t be shared without the consent of the student

your User Content does not and will not

• infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right
• slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person
• your User Content does not contain any viruses, adware, spyware, worms, or other malicious code.

13. Intended Purpose of Use

All the assessments and reports are prepared after intensive research and scientific ways using the assistance of advance technology. We have given utmost care in providing the best possible report. The intention of the assessment report, skill audit report and counselling is to show a probable direction in their career and courses. The Company shall not be liable for the career and course decisions taken by you or your child in any way and you and your child shall indemnify the company for any loss, claims or damages suffered by the Company in this regard. Parenting, skill development, career decisions, career counselling is impacted with certain other factors apart from the assessment report, counselling or coaching. You and your child shall be solely responsible for the decisions, performance in the course or in the selected aspect and shall indemnify the Company and its mentors for all losses, claims and damages in this regard.

14. User Communication

You hereby explicitly consent to receive email, telephone, WhatsApp or text messages from CLAP Smart Learn Pvt.Ltd including the fully owned subsidiary CLAP SMART LEARN Pvt. Ltd, for the purpose of providing alerts and information related to services. Reply 'STOP' on the same number to stop receiving any further SMS. Standard data charges are applicable for SMS.

15. Rule of Conduct

Users must comply with the laws that apply to You in the location that You access Company’s Services from. If any laws applicable to You restrict or prohibit You from using Services of Company, You must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services of Company. You promise that all the information You provide to Company on accessing and/or using the Services of Company is and shall remain true, accurate and complete at all times.

Notwithstanding any other provision of these Terms, you agree and undertake not to:

• Hack, attempt to hack, modify, adapt, merge, translate, decompile, disassemble, reverse engineer or create derivative works out of the Service or any part of them (save to the extent which expressly cannot be prohibited in accordance with the applicable mandatory law in your jurisdiction);
• Remove, disable, modify, add to or tamper with any program code or data, copyright, trademark or other proprietary notices and legends contained on or in the Service;
• Create software which mimics any data or functionality in the Service;
• Use or deal in the Service except as permitted by these Terms;
• Include contact details intended to enable communication outside of the Service, in any Communication;
• Use your access to the Service, or information gathered from it, for the sending of unsolicited bulk email;
• Make any public, business or commercial use of the Service or any part of them;
• Provide hypertext links, URL links, graphic links, hyperlinks or other direct connection for profit or gain to the Service without prior written permission of Company;
• Make the Service or any part of it available to any third party (please note this does not stop you from fairly and honestly providing links to the Platform, or showing either to other people);
• Use or process the Service or any part of them unfairly or for any illegal or immoral purpose; or
• Delete or obscure any copyright or other proprietary notice on the Service.
• The Service may only be accessed and used via authorized servers. You must take no action to bypass authorized servers and/or use third party software to modify any aspect of the Service, whether for the purpose of securing an unfair advantage over other users, and You expressly consent to Company’s monitoring your computer's random access memory for the purpose of identifying said unauthorized third-party programs.

16. Limited Liability

• You are held personally liable for any violation of a third party's rights by You and your Child.
• You agree to reimburse Company for all damages resulting from the culpable non-observance of the obligations of these Terms.
• You release the Company from all eligible claims that other users or third parties may file against Company due to a violation of their rights by content posted by the user or due to a violation of other obligations.
• You shall assume the costs of Company legal defence, including all court and legal fees. This condition does not apply if the you are not responsible for the infringement.
• Company ensures that the information and the training facilitated by the tutors on the Platform is accurate but does not guarantee or warrant its accuracy, adequacy, correctness, validity, completeness, or suitability for any purpose, and accepts no responsibility with respect to the information and coaching given by the tutors on the Platform with regards to functioning of business in specific conditions suitable for a business and the user understand the success of business depends on various other factors
• Company will not be held responsible for any unethical, illegal acts performed by the Child in the name of report evaluation, execution, task performance and it shall be the your responsibility to closely monitor the activities of your Child while accessing the Platform.
• In no event shall the Company be liable for any direct, indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or data use, incurred by you or any third-party, whether in an action in contract or tort, arising from your access to, or use of, the Platform or any content provided on or through the Platform.
• The Company's liability for any and all claims in the aggregate, arising out of or related to your use of the Platform, shall not under any circumstances exceed the amounts actually paid by You to the Company for its Services.
• The Company does not warrant that the operation of the Service will be uninterrupted or error-free. The Company will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of Company including Internet outages, communications outages, fire, flood, war or act of God.
• The reference of examples, cases, company success stories, images and graphics are used only for the academic purpose and to make learning more interesting. The company and its programme do not urge the student/child to use or promote those products or companies.
• You agree that in relation to your use of the Service You will not in any way conduct yourself in a manner which is unlawful, or which gives rise to civil or criminal liability or which might call Company or the Service into disrepute. You agree that You are and shall remain responsible for maintaining the confidentiality of your password and username and for all activities that occur under your account.

17. Severability

• If any provision of this Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this Agreement shall continue to be in full force and effect.

18. Termination

• Without limiting any other rights that Company may have, Company may remove, restrict, cancel or suspend access to and/or use of the Platform, Services provided by the Company and any part of it, if Company considers (in the sole discretion of Company) that You have breached any of these Terms.
• You may also terminate your agreement with the Company by ceasing to access the Platform, Service, deleting all copies of the Service or part thereof within your control. Termination shall not affect any rights or remedies, which have accrued up to the time of termination.

19. Waiver

No waiver of any terms of this agreement shall be treated as a further or continuing waiver of such term or any other term and the Company’s failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision.

20. Dispute Resolution and Governing Law

1. This Agreement and any contractual obligation between the Company and You will be governed by the laws of India, subject to the exclusive jurisdiction of courts at Bengaluru.
2. All disputes will be subject to arbitration at Bengaluru in English by a single arbitrator appointed by You and the Company under the Arbitration and Conciliation Act, 1996.

21. Disclaimer

1. The Website is provided to You on “As Is” basis. The Company hereby disclaims all representation(s) and/or warranty(ies), either express or implied, including without limitation, warranties of fitness for particular purpose, title, non-infringement. In addition, thereto the Company makes no representations, warranties or guarantees that:
2. this Website shall be free from any error, loss, destruction, damage, corruption, attack, viruses, interference, hacking, other security intrusion,
3. the use or results of the use of the Website (including all of its content) is or will be accurate, reliable, current, and/or uninterrupted, 4. the Company disclaims any liability relating thereto.

22. Notices

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

Legal Officer,
CLAP by CLAP Smart Learn Pvt Ltd,
4th Floor, Jakha Arcade,
No 587, Balaji Layout,
100 Ft Road, Vajrahalli,
Bangalore, Karnataka,
India – 560062

24. Questions and Contact Information

Questions or any feedback about the Website or the Services may be directed to [email protected]