These Terms of Use form a legally enforceable contract between you, whether acting on your own behalf or representing an organization (“you”), and eCare Upskill (“the Company,” “we,” “us,” or “our”), concerning your use of and access to the online.ecareupskill.com website, as well as any other affiliated media, platforms, mobile websites, or applications (collectively referred to as the “Site”). By using the Site, you confirm that you have read, understood, and agree to comply with these Terms of Use.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THE SITE.
From time to time, additional terms or documents may be posted on the Site, and these will automatically become part of these Terms of Use. We retain the right to change or update these Terms at our discretion and at any time. It is your responsibility to review the Terms regularly, as your continued use of the Site after any modifications implies acceptance of the updated Terms.
The content on the Site is not intended for use or distribution in any country or jurisdiction where doing so would violate legal regulations or where registration requirements would apply. If you choose to access the Site from outside the designated regions, you do so at your own risk and are solely responsible for adhering to any applicable local laws.
Ownership of Intellectual Property
The content on this website, including all source code, databases, software, website designs, text, videos, images, graphics, and other materials (collectively referred to as the “Content”), as well as the logos, trademarks, and service marks (collectively called “Brand Assets”), are either owned by us or are used under license, and are protected by intellectual property laws, including copyright and trademark regulations in India and internationally. The Content and Brand Assets are made available on the Site strictly for personal and informational purposes. Unless explicitly allowed under these Terms of Use, no material from the Site—including Content and Brand Assets—may be copied, reproduced, republished, distributed, sold, licensed, or otherwise used for any commercial purpose without prior written permission from us.
As long as you comply with the terms, you are granted a limited right to access the Site and may download or print sections of the Content for personal, non-commercial use, provided you have legitimate access to such materials. All rights to the Site, including the Content and Brand Assets, remain reserved unless specifically granted otherwise.
User Representations
By accessing and using the Site, you affirm and guarantee that:
- You possess the legal authority to enter into these Terms of Use and agree to abide by them;
- You are of legal age in the jurisdiction where you reside;
- You will not access the Site using automated methods, such as bots or scripts, or through any non-human means;
- You will not use the Site for any unlawful or unauthorized activities;
- Your use of the Site will comply with all relevant laws and regulations.
Prohibited Activities
You are prohibited from using the Site for any purposes beyond those for which it is intended. The Site should not be employed for commercial activities unless explicitly authorized by us.
As a user of the Site, you agree to refrain from:
- Systematically extracting data or content from the Site to create or compile a collection, database, or directory without our written consent.
- Deceiving, defrauding, or misleading us or other users, particularly in attempts to obtain sensitive information like user passwords.
- Bypassing, disabling, or interfering with the Site’s security features, including those that prevent or restrict content copying or impose usage limitations.
- Damaging, discrediting, or harming our reputation or the Site.
- Using information from the Site to harass, abuse, or injure others.
- Misusing our support services or submitting false abuse or misconduct reports.
- Utilizing the Site in a manner that violates applicable laws or regulations.
- Engaging in unauthorized framing or linking to the Site.
- Uploading or transmitting harmful materials such as viruses, malware, or excessive spam that disrupts or impairs the Site’s functionality.
- Performing automated actions such as sending comments or messages via scripts, or employing data mining, robots, or similar tools.
- Removing copyright or proprietary notices from any content.
- Impersonating another user or using someone else’s username.
- Uploading or transmitting materials that act as passive or active data collection mechanisms, such as cookies or web bugs.
- Disrupting or overloading the Site or its connected networks and services.
- Harassing, annoying, or threatening our employees or agents providing the Site.
- Attempting to bypass measures designed to restrict access to the Site.
- Copying or adapting the Site’s software, including but not limited to code in Flash, PHP, HTML, JavaScript, or other languages.
- Decrypting, decompiling, disassembling, or reverse engineering any software associated with the Site, unless permitted by law.
- Using automated systems like spiders, robots, or scrapers to access the Site, or deploying unauthorized scripts or software.
- Employing purchasing or buying agents to make transactions on the Site.
- Engaging in unauthorized uses of the Site, including collecting user data for unsolicited communications or creating accounts through automated means or false pretenses.
- Using the Site for competitive purposes or any revenue-generating activities without our explicit permission.
Refund Policy
Customer experience is always our top priority. We want to ensure that you get a seamless experience with the services or courses you purchase from us. To assist you in choosing the right course, we offer a 1 hour demo class and counseling. However, once you deposit the fees for a course, please note that all purchases are final. Cancellation and refund requests are not accepted after payment. Additionally, courses cannot be transferred to any other user.
Any disputes arising related to this agreement or course/training are subject to the Jurisdictional Law Court of Vadodara. eCare Upskill reserves the right to update or modify its refund policy without prior notice.
User-generated Content
The Site does not allow users to submit or post content directly. However, we may provide opportunities for you to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, which may include text, writings, videos, audio, photos, graphics, comments, suggestions, personal information, or other material (collectively, “Content”). Such Content may be visible to other users and through third-party sites. Any Content you submit will be managed according to the Site’s Privacy Policy. By providing any Content, you agree and warrant that:
- Your Content does not infringe on any third party’s intellectual property rights, including but not limited to copyrights, patents, trademarks, trade secrets, or moral rights.
- You either own or have obtained all necessary licenses, rights, consents, releases, and permissions to use and authorize us, the Site, and other Site users to utilize your Content as outlined by these Terms of Use.
- You have secured written consent, release, and/or permission from every identifiable individual in your Content to use their name or likeness as required by these Terms of Use.
- Your Content is accurate and not misleading.
- Your Content is not unsolicited or unauthorized advertising, promotional materials, chain letters, spam, or any form of solicitation.
- Your Content is not obscene, lewd, harassing, violent, libelous, slanderous, or otherwise objectionable according to our standards.
- Your Content does not demean, mock, or harass any individual or group.
- Your Content does not harass, threaten, or promote violence against any person or group.
- Your Content complies with all relevant laws, regulations, and rules.
- Your Content does not infringe on any third party’s privacy or publicity rights.
- Your Content does not involve child exploitation or violate laws aimed at protecting minors.
- Your Content does not contain offensive comments related to race, national origin, gender, sexual preference, or physical disability.
- Your Content does not breach any provision of these Terms of Use or any applicable laws or regulations.
Violation of these terms related to Content may lead to actions including, but not limited to, the suspension or termination of your access to the site.
License for User Content
You acknowledge that we may access, store, process, and use any information and personal data you provide in accordance with our Privacy Policy and your preferences (including your settings).
By submitting suggestions or feedback about the Site, you grant us permission to use and share such feedback for any purpose without compensating you.
We do not claim ownership of your Content. You retain full ownership and all related intellectual property rights to your Content. We are not responsible for any statements or claims made in your Content. You are solely accountable for your Content, and you agree to release us from any liability and refrain from pursuing any legal claims related to your content.
User Submissions
You agree that any questions, comments, suggestions, ideas, feedback, or other information you provide to us regarding the Site (“User Submissions”) are not confidential and will become our exclusive property. We will have sole ownership of all rights, including intellectual property rights, and may use and distribute these User Submissions for any lawful purpose, including commercial uses, without needing to credit or compensate you. You waive all moral rights related to these User Submissions and confirm that they are either your original work or that you have the necessary rights to submit them. You also agree that you will not hold us liable for any claims or disputes related to the alleged infringement or misappropriation of any proprietary rights in your User Submissions.
Site Management
We reserve the right, though we are not obligated, to:
- Monitor the Site for any breaches of these Terms of Use.
- Take legal action against individuals who, in our sole judgment, violate the law or these Terms of Use, which may include reporting such individuals to law enforcement authorities.
- At our discretion, refuse, restrict, limit access to, or deactivate (where technically possible) any of your User Submissions or any part of them.
- Remove or disable any files or content from the Site that we deem excessively large or burdensome to our systems, without notice or liability.
- Manage the Site in a way that protects our rights and interests and ensures the Site functions properly.
Term and Termination
These Terms of Use remain effective while you use the Site.
WITHOUT PREJUDICE TO ANY OTHER TERMS IN THESE TERMS OF USE, WE RETAIN THE RIGHT TO, AT OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, RESTRICT ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES) FOR ANY REASON OR NO REASON, INCLUDING BUT NOT LIMITED TO BREACHES OF ANY TERMS, WARRANTIES, OR COVENANTS IN THESE TERMS OF USE OR VIOLATIONS OF APPLICABLE LAWS OR REGULATIONS. WE MAY TERMINATE YOUR ACCESS TO THE SITE OR DELETE ANY CONTENT YOU HAVE POSTED AT ANY TIME, WITHOUT PRIOR NOTICE, AT OUR SOLE DISCRETION.
If your account is terminated or suspended for any reason, you are barred from re-registering or creating a new account under your own name, a fictitious name, or any third party’s name, even if acting on behalf of that third party. In addition to suspending or terminating your account, we reserve the right to pursue appropriate legal actions, including civil, criminal, and injunctive remedies.
Modifications and Interruptions
We reserve the right to alter, modify, or remove any content on the Site at our discretion and without notice. We are not obligated to update any information on the Site. Additionally, we may change or discontinue any part of the Site at any time without prior notice. We will not be liable to you or any third party for any changes, price adjustments, suspensions, or terminations of the site.
The availability of the Site is not guaranteed. We may face hardware, software, or other issues, or need to perform maintenance, which could lead to interruptions, delays, or errors. We reserve the right to make changes, revisions, updates, suspensions, or discontinuations of the Site at any time and for any reason without notifying you. You acknowledge that we are not responsible for any loss, damage, or inconvenience resulting from your inability to access or use the Site during any downtime or discontinuance. These Terms of Use do not obligate us to maintain or support the Site or provide any corrections, updates, or releases.
Governing Law
These terms are governed by and construed in accordance with the laws of India. You agree that the courts located in Vadodara shall have exclusive jurisdiction to resolve any disputes arising from these terms.
Dispute Resolution
Binding Arbitration
Any dispute arising from or related to this agreement, including issues regarding its existence, validity, or termination, shall be referred to and resolved by the International Commercial Arbitration Court (ICAC) under the European Arbitration Chamber, located at Avenue Louise 146, Brussels, Belgium. Arbitration will be conducted according to the ICAC Rules, which are considered part of this clause. The arbitration will involve three arbitrators and will be conducted in Hindi or English.
Restrictions
The Parties agree that arbitration will be limited to individual disputes between the Parties. To the fullest extent permitted by law:
- No arbitration shall be combined with any other proceedings.
- Arbitration will not proceed on a class-action basis or use class action procedures.
- Disputes cannot be arbitrated in a representative capacity for the general public or any other group.
Exceptions to Arbitration
The following disputes are excluded from arbitration:
- Disputes aimed at enforcing or protecting, or concerning the validity of, any intellectual property rights.
- Disputes related to or arising from allegations of theft, piracy, privacy invasion, or unauthorized use.
- Claims seeking injunctive relief. If any part of this arbitration provision is found to be illegal or unenforceable, the affected dispute will be resolved by a court of competent jurisdiction in the courts specified for jurisdiction above, and the Parties agree to submit to that court’s personal jurisdiction.
Corrections
The Site may contain typographical errors, inaccuracies, or omissions related to descriptions, pricing, availability, and other information. We reserve the right to correct any errors or inaccuracies and to modify or update the information on the Site at any time without prior notice.
Disclaimer
THE SITE IS PROVIDED “AS-IS” AND “AS-AVAILABLE.” YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY LINKED THIRD-PARTY WEBSITES. WE WILL NOT BE LIABLE FOR:
- ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR MATERIALS,
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE,
- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED THEREIN,
- INTERRUPTIONS OR CESSATIONS IN TRANSMISSION TO OR FROM THE SITE,
- BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SITE BY THIRD PARTIES, AND/OR
- ERRORS OR OMISSIONS IN CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE INCURRED FROM THE USE OF CONTENT AVAILABLE VIA THE SITE.
WE DO NOT ENDORSE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SITE OR ANY HYPERLINKED WEBSITES OR MOBILE APPLICATIONS. WE ARE NOT RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. EXERCISE CAUTION AND USE YOUR BEST JUDGMENT WHEN ENGAGING IN ANY TRANSACTION.
Disclaimer
THE SITE IS PROVIDED “AS-IS” AND “AS-AVAILABLE.” YOUR USE OF THE SITE AND OUR SERVICES IS AT YOUR OWN RISK. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY LINKED THIRD-PARTY WEBSITES. WE WILL NOT BE LIABLE FOR:
- ERRORS, MISTAKES, OR INACCURACIES IN CONTENT OR MATERIALS,
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SITE,
- UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR PERSONAL OR FINANCIAL INFORMATION STORED THEREIN,
- INTERRUPTIONS OR CESSATIONS IN TRANSMISSION TO OR FROM THE SITE,
- BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SITE BY THIRD PARTIES, AND/OR
- ERRORS OR OMISSIONS IN CONTENT AND MATERIALS OR ANY LOSS OR DAMAGE INCURRED FROM THE USE OF CONTENT AVAILABLE VIA THE SITE.
WE DO NOT ENDORSE, WARRANT, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY THIRD PARTIES THROUGH THE SITE OR ANY HYPERLINKED WEBSITES OR MOBILE APPLICATIONS. WE ARE NOT RESPONSIBLE FOR MONITORING TRANSACTIONS BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. EXERCISE CAUTION AND USE YOUR BEST JUDGMENT WHEN ENGAGING IN ANY TRANSACTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WE, INCLUDING OUR DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES. THIS INCLUDES DAMAGES FOR LOST PROFITS, LOST REVENUE, DATA LOSS, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. REGARDLESS OF ANY CONTRARY TERMS, OUR LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY. CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS OR LIMITATIONS MAY NOT BE ENFORCEABLE, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all related officers, agents, partners, and employees, from any claims, losses, damages, liabilities, and expenses, including reasonable attorneys’ fees, arising from:
- Your use of the Site,
- Any breach of these Terms of Use,
- Any breach of your representations and warranties under these Terms,
- Your infringement of third-party rights, including intellectual property rights,
- Any harmful actions toward other Site users with whom you interacted via the Site.
Despite the above, we retain the right to take over the exclusive defense of any matter you are required to indemnify us for, at your cost. You agree to assist us, at your own expense, in defending such claims. We will make reasonable efforts to inform you of any claims, actions, or proceedings subject to this indemnification once we become aware of them.
User Data
We will retain certain information you provide to the Site to manage its performance, as well as data related to your use of the Site. While we perform regular backups, you are solely responsible for your own data transmitted or generated through your use of the Site. We will not be liable for any loss or corruption of such data, and you waive any claims against us related to data loss or corruption.
Electronic Communications, Transactions, and Signatures
By visiting the Site, sending us emails, and completing online forms, you engage in electronic communications. You consent to receive communications electronically, and agree that all agreements, notices, disclosures, and other communications we send electronically, including via email and on the Site, fulfill any legal requirement for written communication.
YOU CONSENT TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER DOCUMENTS, AND TO RECEIVE NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SITE ELECTRONICALLY. You waive any legal rights or requirements in any jurisdiction that mandate original signatures, non-electronic records, or alternative methods of payment or credit.
Miscellaneous
These Terms of Use, along with any policies or operational guidelines we post on the Site, represent the complete agreement between you and us. Failure to enforce any right or provision within these Terms does not constitute a waiver of that right or provision. These Terms are enforceable to the maximum extent allowed by law. We reserve the right to transfer any or all of our rights and obligations to third parties at our discretion. We are not liable for any loss, damage, delay, or failure to act resulting from circumstances beyond our reasonable control.
If any part of these Terms is found to be unlawful, void, or unenforceable, that part will be severed, and the remaining provisions will continue in full force. The use of the Site does not create a joint venture, partnership, employment, or agency relationship between you and us. These Terms will not be interpreted against us due to our role in drafting them. You waive any defenses related to the electronic nature of these Terms and the absence of physical signatures.