Last Updated: 19th March, 2024

These Terms of Service (“Terms”) constitute a legally binding agreement between Freshskills (“Freshskills”, “we”, “us”, “our”) and any person or entity (“User”, “you”, “your”) who accesses, uses, registers for, or transacts on our websites, training platforms, applications, products, or services (collectively, the “Services”).

By visiting, accessing, or using the Services, you accept and agree to be bound by these Terms, our Privacy Policy, and any additional guidelines or rules made available by Freshskills from time to time. If you do not agree, you must not access or use the Services.

 

1. Definitions: For the purposes of these Terms:

• “Account” means the user account registered with Freshskills.
• “Content” means text, videos, lectures, materials, curriculum, graphics, code, or other information provided by Freshskills or its partners.
• “User Content” means information, files, submissions, comments, or materials uploaded by a User.
• “Course” means any program, training, workshop, bootcamp, module, or session offered by Freshskills.
• “Platform” refers to digital portals owned, operated, or authorized by Freshskills.

2. Eligibility: You represent and warrant that:

1. you are at least 18 years old, or using the Services under parental/guardian supervision;
2. you have the legal capacity and authority to enter into these Terms; 
3. your use of the Services does not violate any applicable law or contractual obligation.
4. Freshskills reserves the right to deny access to any User at its sole discretion.

3. Account Registration & Responsibilities

• Accuracy of Information: You must provide accurate, complete, and updated information when creating an Account. Failure to do so constitutes a breach of the Terms.
• Confidentiality of Credentials: You are solely responsible for maintaining the confidentiality of login credentials and for all activities occurring under your Account.
•  Unauthorized Use: You agree to notify Freshskills immediately of any unauthorized use or breach of security.
• Freshskills is not liable for any loss or damage resulting from failure to secure your Account.

4. Use of Services

• Permitted Use: You may use the Services solely for lawful, personal, educational, or professional development purposes.

• Prohibited Use: You shall not:

• reproduce, copy, sell, distribute, or exploit any aspect of the Services without written authorisation;
• engage in data scraping, reverse engineering, or interference with platform functionality;
• upload malicious code, viruses, or harmful content;
• impersonate any person or misrepresent your affiliation with any entity;
• engage in abusive behaviour towards trainers, staff, or other users.
• Violation of this section may result in immediate termination without refund.

5. Courses, Programs & Certification

• Enrollment: Enrollment in any Course is subject to availability, eligibility, and payment completion.
• Curriculum Changes: Freshskills may revise, update, or modify course content, trainers, structure, timelines, or delivery formats with/without prior notice. This flexibility is required for academic improvement and quality control.
• Completion & Certification: Certification is issued only upon meeting all academic, attendance, performance, and compliance requirements. Freshskills reserves the right to withhold certification for non-compliance or misconduct.

6. Payments, Pricing & Refunds

• Pricing: All fees are displayed in Indian Rupees (INR) unless specified otherwise. Prices may change without prior notice.
• Payment Terms: Payment must be completed through authorized channels. EMI or installment plans (if applicable) must be paid on schedule.
• Refund Policy: Unless explicitly stated under a specific Course agreement or enrollment document, all payments made to Freshskills are non-refundable, including but not limited to: course fees, registration fees, assessment fees, subscription charges. Refund requests will only be honoured where required by applicable consumer protection law or explicitly agreed to in writing.
• Payment Failures: Freshskills reserves the right to suspend or terminate access for unpaid or overdue fees.

7. Intellectual Property Rights

• Ownership: All content, trademarks, course materials, logos, teaching methods, software, videos, and documents (“Freshskills IP”) remain the exclusive property of Freshskills or its licensors.
• License to Users: Subject to compliance with these Terms, Freshskills provides a limited, non-exclusive, non-transferable, revocable license to access course materials solely for personal learning.
• Restrictions: You shall not:
• copy, record, screen-capture, publish, or distribute course content;
• use Freshskills IP to create competing products or services;
• modify or create derivative works.
• Any violation may result in legal action and damages.

8. User Content

• Responsibility: You are responsible for all User Content posted, submitted, or transmitted through the Services.
• License Granted to Freshskills: By uploading content, you grant Freshskills a worldwide, royalty-free, non-exclusive license to use, store, reproduce, modify, display, and distribute such content for operational or educational purposes.
• Prohibited Content: User Content must not be illegal, defamatory, infringing, harassing, discriminatory, or harmful.
• Freshskills reserves the right to remove content at its sole discretion.

9. Placement Assistance: Freshskills may provide placement assistance where applicable, but:

• job placement is not guaranteed;
• external employer decisions are beyond Freshskills control;
• Freshskills is not liable for hiring outcomes, interviews, rejections, or employer behaviour.
• Placement support is limited to guidance, mentoring, and interview preparation unless explicitly stated otherwise.

10. Third-Party Services: The Services may include integrations or links to third-party platforms. Freshskills is not responsible for:

• availability
• content
• privacy practices
• performance
• actions of third-party providers
• Usage of third-party services is governed by their respective terms.

11. Confidentiality: Any information shared by Freshskills regarding curriculum, business strategy, internal tools, partner networks, or placement systems is confidential. Users must not disclose such information without written authorization.

12. Limitation of Liability: To the maximum extent permitted by law:

• Freshskills shall not be liable for indirect, incidental, special, punitive, or consequential damages, including loss of profits, data, or business opportunities;
• Freshskills total aggregate liability shall not exceed the amount paid (if any) by the User for the specific service giving rise to the claim;
• Freshskills is not responsible for disruptions due to technical failures, internet downtime, cyber-attacks, or force-majeure events.
• Users agree to use the Services at their own risk.

13. Indemnification: You agree to indemnify and hold harmless Freshskills, its directors, employees, trainers, affiliates, and partners from any claims, damages, losses, liabilities, and expenses arising from:

• breach of these Terms
• misuse of the Services
• violation of intellectual property rights
• unlawful or negligent conduct

14. Termination : Freshskills may suspend or terminate access to the Services, with or without notice, if:

• you breach these Terms;
• fraudulent or abusive behaviour is detected;
• payment obligations are not met;
• mandated by law or regulatory authorities.
• Users may discontinue the use of the Services at any time.
• Termination does not entitle the User to refunds unless explicitly stated.

15. Governing Law & Dispute Resolution: These Terms shall be governed by and interpreted in accordance with the laws of India. Any disputes arising out of or in connection with the Services shall be settled through:

1. Good-faith negotiation
2. Mediation, if negotiation fails
3. Arbitration, conducted in accordance with the Arbitration and Conciliation Act, 1996
   • Seat of arbitration: Bengaluru
   • Language: English
   • Arbitrator: mutually appointed or appointed as per applicable rules
   • Courts of the chosen jurisdiction shall have exclusive jurisdiction for all legal proceedings.

16. Amendments: Freshskills may modify, update, or replace any part of these Terms at its sole discretion. Continued use of the Services constitutes acceptance of updated Terms.

17. Notices: All legal notices may be sent to:

• Legal Department — Freshskills
• Email: pranavchoudhary@freshskills.co
• Official notices from Freshskills will be sent via email or platform notifications.

18. Entire Agreement : These Terms, along with the Privacy Policy and any supplemental agreements, constitute the entire agreement between you and Freshskills. Any prior written or oral understandings are superseded.

19. Severability: If any clause in these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. No Waiver: Failure by Freshskills to enforce any right or provision shall not constitute a waiver of such right or provision.