Terms of Use

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of itsyourskills.

The website itsyourskills.com, its web applications and related services, is the property of IYS Skills Tech Private Ltd, a Company incorporated under the Companies Act, 1956, with its Registered Office at No 598, Alagirisamy salai, K.K. Nagar, Chennai – 600 078.

The use of this software by you is solely governed by this policy and any policy or agreement so mentioned by this Terms of Use. You have read and agreed to all of the policies so binding on you and you are contracting with IYS Skills Tech Private Ltd.for legally binding obligations with IYS Skills Tech Private Ltd.

For the purpose of these Terms of Use, wherever the context so requires:

“You” or “User” shall mean any natural or legal person who has agreed to become a member on the Website by providing registration data while registering on the Website, uses the Software by providing Registration Data while registering for the software / website, uses the website, provides skills through the Skills Profile Engine API or the applications built on it, or any person who browses the site.
“We”, “Us”, “Our” means IYS Skills Tech Private Ltd.
“Content” means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. “Content” also includes Marks, and generally all information that is displayed to the user on the website.
“Mark” means trademark, trade name, service mark, trade dress, logo, custom graphics or icon.
“Member” means an individual who has registered with the Site. Members choose a Member ID and a password.
“Member ID” means the email address you use (with your password) to login to our Site.
“Recruiter / Vendors” means licensors, suppliers, information providers, Companies, firms, natural and juristic persons, and other vendors operating through the website, obtaining information through the website or otherwise related to the entity owning itsyourskills portal.
The terms Site, Marks, Content and Services do not include the sites, marks, content, or services that are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party’s website.
“Site” means www.itsyourskills.com, its respective sub-sites, together with the respective Content, Marks, Products and Services available from these sites and sub-sites.
“Employment” means any employment obtained by the user through the site, regardless of the terms, nature or duration of such employment. It is hereby specified that consulting services / freelance services / independent contractor services shall, for the purposes of these and other terms, be deemed to come under the purview of employment.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this software, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

We hold the sole right to modify the Terms of Use without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the software following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Software.

By impliedly or expressly accepting these Terms of Use, You also accept and agree to be bound by other IYS Skills Tech Private Ltd Policies, inter alia Privacy Policy, which would be amended from time to time.

Itsyourskills offers web tools, applications, and platforms revolving around:

mapping and measuring of skills;
recruitment and development of skills; and
Offering of services related to recruitment and development of skills.

The use of this software is available only to designated users who have registered by providing a set of secure login credentials. To become a registered Member, you are required to answer a limited number of mandatory questions. Answers to additional questions are optional. You represent and warrant that all information supplied to us about yourself and others is true and accurate.

Minors and individuals not competent to Contract (as defined under the laws of their jurisdiction or residence) are not eligible to register for, use the services of, or apply for jobs available on the Site. Notwithstanding the aforementioned, it is hereby specified that the usage of the site and its services by any individual below the age of thirteen years is strictly prohibited.

The Product ‘itsyourskills’ itself is hosted on www.itsyourskills.com, which consists of all the details about the features, utilities, and functionality of the product along with access entry log in portal.

As a designated user, You are solely responsible for protecting the confidentiality of your username and password, and any activity under the account will be deemed to have been done by you. In the event you provide us with false and inaccurate details or We have reasons to believe so, We hold the right to permanently suspend your account.

We reserve the right to update the Terms of Use at any time without notice to you. The most current version of the Terms of Use can be reviewed by clicking on the “Terms of Use” hypertext link provided on the website.

The Website is a platform that Users utilize to meet and interact with one another and Vendors / Recruiters for their transactions. We act as aggregators who display to you the vendors and recruiters best suited to your needs, based on the skills you have provided to us / updated on the site / updated on the Skills Profile Engine API, or applications built on it. However, should you choose to proceed with a vendor / recruiter displayed / identified by us, we are not a party to such interaction and take no liability that arises from any such communication.

All communication which inter alia includes the employment, its terms, your obligations, the vendor’s obligations, etc. is the outcome of the communication between the vendor / recruiter and You. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
We do not endorse any of the vendors / recruiters displayed to you on the website, nor place any guarantee as to their nature, quality, reliability, etc.
Subject to the above sub-clauses, a contract exists between the Vendor and the User, and as such any breach of contract and any claim arising from such breach is the subject matter of the Vendor / recruiter and the User alone, and we are in no way a party to such breach or involved in any suit arising from the said breach.
As the contract is limited to the User and the vendor / recruiter, we are in no way liable for any deficiency of service that may arise which includes and is not limited to, services not meeting expectations of the vendor / recruiter, and poor quality, non-adherence to the terms of employment discussed, etc.

You agree to abide by the terms and conditions imposed by any provider, including compliance with all rules and restrictions regarding the Employment.

Disclaimer: Due to some technical issue or typographical error, information related to employments as is reflected on the website may be incorrect.

By using this software, it is deemed that you have consented to receiving e-mails, calls, autodialed and/or pre-recorded message calls from Us or from recruiters on the portal at any time. This includes contacting you through information received through other API applications we use on the website. The use of this software is also your consent to receive SMS’s at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls.

You hereby unconditionally consent that such communications via SMS and/or voice call are:

Upon your request and authorization,
‘Transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI), and
In compliance with the relevant guidelines of TRAI or such other authority in India and abroad.

You hereby agree and undertake to indemnify us, recruiters, our vendors, and affiliates against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations), or any other authority due to any erroneous complaint raised by you against us, recruiters, our vendors, and affiliates, with respect to the intimations mentioned above or due to a wrong number or email ID being provided by you for any reason whatsoever.

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties, and obligations under these documents and all other policies followed by Us.

The sharing of the information provided by you will be governed by the Privacy Policy, and We will not give out such contact information of yours to third parties not connected with the Software.

This website is the sole and exclusive property of IYS Skills Tech or its licensors and vendors. We retain all right, title, and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website, the tools, applications, and other software being made available on the website.

The content that you post or provide to ‘itsyourskills’, in any manner, will become our intellectual property, and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide, and you shall not be entitled to any payment or other compensation for such use.

Notwithstanding the aforementioned, you hereby expressly authorize us to use the data you provide / representations you make regarding your skills for our Skills Profile Engine relying on the skills library.

You are a restricted user of this software.

7.1 You are bound not to distribute, modify, recreate, reverse engineer, distribute, create derivative works from, transfer, or sell any information of the software obtained from us. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Software is not permitted.

7.2 You agree not to access (or attempt to access) the Software and/or the materials or Services by any means other than through the interface that is provided by the software. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Software or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Software, materials, or any Content, to obtain or attempt to obtain any materials, documents, or information through any means not specifically made available through the Software is expressly prohibited.

7.3 We have no obligation to monitor the usage of the Software. We shall have the right to cancel the membership of the users if it is found to be against the applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE USAGE OF THE SOFTWARE.

7.4 In places where this website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:

Engage in any activity that interferes with or disrupts access to the Website or the Services offered through the site (or the servers and networks which are connected to the Website);
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Publish, post, disseminate any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing including but not limited to indecently representing women within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
Post any file that infringes the Marks of other legal entities;
Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of our or our vendor websites or another’s computer;
Probe, scan or test the vulnerability of the Website or any network connected to the Website, or breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any other customer or vendor of the website, including any website Account not owned by You, to its source, or exploit the Website or Service or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided for by the Website;
Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section;
Use the Website or any material or Content for any purpose that is unlawful or prohibited by these Terms of Use, or the laws of India, or to solicit the performance of any illegal activity or other activity which infringes the rights of this website or other third parties;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Publish, post, disseminate information that is false, inaccurate or misleading; violate any applicable laws or regulations for the time being in force in or outside India;
Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (“ISPs”) our vendors or other suppliers;

You shall not engage in advertising to, or solicitation of, other Users of the Website to buy or sell any products or services, except in so far as you having registered as a vendor or a recruiter.

It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person. We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena.

We have no obligation to monitor the materials posted on the Website. We shall have the right to remove or edit any content that in our sole discretion violates or is alleged to violate any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE. In no event shall we assume or have any responsibility or liability for any Content posted or for any claims, damages, or losses resulting from use of Content and/or appearance of Content on the Website. You hereby represent and warrant that you have all necessary rights in and to all content which you provide, and all information it contains, and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortuous, or otherwise unlawful information.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SOFTWARE, SERVICES, AND OTHER MATERIALS ARE PROVIDED BY THIS SOFTWARE ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT

(I) YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
(II) MATERIALS, INFORMATION OBTAINED AND RESULTS WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(III) ANY ERRORS OR DEFECTS IN THE SOFTWARE OR SERVICES WILL BE MODIFIED.
(IV) THE EMPLOYMENTS MADE AVAILABLE THROUGH OUR VENDORS / RECRUITERS SHALL BE AVAILABLE THROUGHOUT THE YEAR OR AVAILABLE AT ALL TIMES;

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, PRIVACY, PUBLICITY, OR OTHER LAWS. THE WEBSITE ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION, OR UNAVAILABILITY OF ANY USER CONTENT.

THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK. THE WEBSITE ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.

WE SHALL NOT BE LIABLE FOR DELAYS OR INABILITIES IN PERFORMANCE OR NON-PERFORMANCE IN WHOLE OR IN PART OF VENDOR / RECRUITER / USER OBLIGATIONS.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU PURSUANT TO THESE TERMS OF USE, OR ANY OTHER ACTION INCURRED BY YOU AS A RESULT OF USING THE WEBSITE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE, YOUR USE OF THE SERVICES OFFERED, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SOFTWARE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR IN THE DETAILS SHOWN / PRODUCED ON THE PORTAL AND WE ACCEPT NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF OURSELF OR THIRD PARTIES. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF, DESPITE THE LIMITATION ABOVE, WE ARE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED IN THE LIMITATION ABOVE, THEN OUR LIABILITY WILL IN NO EVENT EXCEED, IN TOTAL, THE SUM OF INR 5,000.

IYS Skills Tech, in its sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site, and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension or discontinuation shall constitute an act of trespassing. We shall not be accountable to you to such suspension or termination.

The website hosts information provided by third parties that is intended for informational purposes only. We are in no way responsible to you for the accuracy and legitimacy of the information so hosted. We take reasonable care to ensure such accuracy but, you agree to not hold us liable for the falsification of any such provided information. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice or other content available through the website or obtained from a linked site.

We make reasonable attempts to clear the website of viruses and worms, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading any information from the Site. We accept no responsibility for any damages to computer equipment or other property which may result from use of the website or downloading anything from the website.

If any dispute arises between you and IYS Skills Tech during your use of the Site or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and Conditions, the dispute shall be referred to a sole Arbitrator who shall be appointed by us. The place of arbitration shall be Chennai. The arbitration proceedings shall be in the English language.

The Terms and Conditions shall be governed and construed in accordance with the Indian laws.

Terms of Use

1. GENERAL

2. ABOUT US

3. MEMBERSHIP AND TERMS OF ACCEPTANCE

4. WEBSITE AS AN INTERMEDIARY PLATFORM

5. COMMUNICATIONS

6. INTELLECTUAL PROPERTY AND THIRD PARTY INFORMATION

7. USER OBLIGATIONS

8. DISCLAIMER OF WARRANTIES AND LIABILITIES

9. INDEMNIFICATION AND LIMITATION OF LIABILITY

10. TERMINATION

11. HOSTING OF THIRD PARTY INFORMATION

12. VIRUSES

13. DISPUTES

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