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Terms and Conditions policy

Effective as of date: 12th September 2023

Index


What’s in these terms?

This index is designed to help you understand our Terms of Service (Terms). We hope this serves as a useful guide, but please ensure you read the Terms in full.


TERMS OF SERVICE

1. Welcome to CretSkill!

CretSkill is free to use platform for the creators and the viewers, it also provides the earnings according to the terms and conditions to the creators and the viewers. This application/website is operated by ONORALL TECHNOLOGIES PRIVATE LIMITED. Throughout the app/website, the terms “we”, “us” and “our” refer to ONORALL TECHNOLOGIES PRIVATE LIMITED. ONORALL TECHNOLOGIES PRIVATE LIMITED offers this application/website, including all information, tools and services available from this app/website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By visiting our app/website and/ or purchasing something from us and/ or signing into app/website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the app/website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. Please read these Terms of Service carefully before accessing or using our app/website. By accessing or using any part of the app/website, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the app/website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools which are added to the current app/website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our app/website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the app/website following the posting of any changes constitutes acceptance of those changes. Thank you for using the CretSkill products, services, and features provided to you from the platform (collectively, the “Service”).

Our services

The Service allows you to create skillful content, discover, watch, and share videos and other skillful content, which enhance your skills in many areas, provides a forum for people to connect, inform, and inspire others across the globe, and acts as a distribution platform for original skillful content certation and viewing that on large and small content. We provide lots of information about our products and how to use them in our Help Centre. Among other things, you can find out about Workbase for the creators, the CretSkill earning Program, and Purchases (where available). You can also read all about and enjoy content on other devices like your smart television, laptop or Google Home

Applicable Terms

Categories selection

The CretSkill platform provides the creator number of skills to choose from to upload the content on CretSkill workbase platform, the creator should choose one skill out of them at first. After 30 days or as per the policy of the CretSkill platform the creator may be allowed to change the skill for the content.


Your use of the Service is subject to these terms, the CretSkill Community Guidelines, and the Policy, Safety, and Copyright Policies which may be updated from time to time (together, this "Agreement"). Any other links or references provided in these terms are for informational use only and are not part of the Agreement.


Please read this Agreement carefully and make sure you understand it. If you do not understand the Agreement or do not accept any part of it, then you may not use the Service.


By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this app/website. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.


2. Who may use the Service?

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the app/website through which the service is provided, without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Age Requirements

You must be at least 16 years old for the creator and have no age restriction on the viewers to use the Service; however, children of all ages may use the Service and minors (where available) if enabled by a parent or legal guardian.

Permission by Parent or Guardian

If you are considered a minor in your country, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you.


If you are a parent or legal guardian of a minor in your country, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

Businesses

If you are using the Service on behalf of a company or organization, you represent that you have the authority to act on behalf of that entity and that such entity accepts this Agreement.


3. Your Use of the Service
Content on the Service

The content on the Service includes skilful videos that teach different skills, (for example dancing and video editing), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, "Content”). Content is the responsibility of the creator or entity that provides it to the Service. CretSkill is under no obligation to host or serve Content but if the creator uploaded a false video or other than the category (restricted video/ restricted content), the CretSkill reserves the right to delete that video along with if the creator uploaded 4 restricted videos, then the CretSkill with or without any information blocked the ID of the creator. If you see any restricted content, you believe does not comply with this Agreement, including by violating the Community Guidelines or the law, you can report it to us at any time.


Earning from CretSkill Workbase

For the earning from CretSkill platform, creators must upload the paid legal skilled content on their CretSkill platform from their id, and if anyone buys that content, 80% of the earning directly transferred to their bank account from an established payment gateway and CretSkill shall deduct 20% of those earnings as a platform along with a nominal money transfer fee of 0.25% of the earning which shall be charged by the payment gateway. The responsibility and liability to the monitoring of payments transfer shall bear by the payment gateways only, there is no responsibility for paymentrelated responsibilities


You can use CretSkill Platform Services, such as browsing and searching for Content, and you may monetize your workbase. Viewers shall only be allowed to use some parts of the services such as browsing and searching for Content, viewers may be able to share the content, support the content, and more. The CretSkill shall charge the commission for the use of the CretSkill platform from creators indirectly or otherwise, taking the 20% commission from the premium content earnings of the creators along with a nominal money transfer fee of 0.25% of the earning which shall be charged by the payment gateway. The creators shall receive the 80% of the total earning after a cut of 20% commission from their premium content purchase.

Creating a CretSkill workbase will give you access to additional features and functions, such as uploading content (free/paid), making comments, or creating playlists (where available). You must visit the CretSkill website or download the CretSkill application and follow the instruction to create the CretSkill workbase.

To protect your CretSkill account, keep your password confidential. You should not reuse your CretSkill account’s password on third-party applications. Learn more from CretSkill website about keeping your CretSkill account secure, including what to do if you learn of any unauthorized use of your password or CretSkill account.

Your Information

Our Privacy Policy explains how we treat your personal data and protect your privacy when you use the Service.

We will process any audio- or audio-visual content uploaded by the creator to the Service in accordance with the CretSkill Data Processing Terms, except in cases where you uploaded such content for personal purposes or household activities.


Permissions and Restrictions

You may use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use. You may also show from CretSkill video through the embeddable CretSkill app/website.


In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the app/website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related app/website, other apps/websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related app/website, other apps/websites, or the Internet. We reserve the right to terminate your use of the Service or any related app/website for violating any of the prohibited uses.

The following restrictions may apply to your use of the Service. You are not allowed to:


access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, or otherwise use any part of the Service or any Content except
(a) as expressly authorized by the Service; or
(b) with prior written permission from CretSkill and, if applicable, the respective rights holders;


circumvent, disable, fraudulently engage with, or otherwise interfere with any part of the Service (or attempt to do any of these things), including security-related features or features that
(a) prevent or restrict the copying or other use of Content or
(b) limit the use of the Service or Content;


access the Service using any automated means (such as robots, botnets, or scrapers) except
(a) with CretSkill’s prior written permission;


cause or encourage any inaccurate measurements of genuine user engagement with the Service, including by paying people or providing them with incentives to increase a content’s share, support, or use of referral code to increase a workbase’s viewers, or otherwise manipulate metrics in any manner;


misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions;


run contests on or through the Service that do not comply with CretSkill’s contest policies and guidelines; or


use the Service to
(a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed in the Advertising on CretSkill policies (such as compliant product placements); or
(b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales (for example, selling ads on a webpage where CretSkill content are the main draw for users visiting the webpage).


Reservation

Using the Service does not give you ownership of or rights to any aspect of the Service, including user names or any other Content posted by others or CretSkill).


Develop, Improve and Update the Service

CretSkill is constantly changing and improving its Service. As part of this continual evolution, we may make modifications or changes (to all or part of the Service) such as adding or removing features and functionalities, offering new digital content or services, or discontinuing old ones. We may also need to alter or discontinue the Service, or any part of it, in order to make performance or security improvements, make changes to comply with the law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users, or even individual users. When the Service requires or includes downloadable software (such as the CretSkill application), that software may update automatically on your device once a new version or feature is available, subject to your device settings. If we make material changes that negatively impact your use of the Service, we’ll provide you with reasonable advance notice, except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues. We’ll also provide you with an opportunity to export your content from your CretSkill work base using CretSkill tools, subject to applicable law and policies.


4. Your CretSkill Workbase and Conduct
Uploading Content on CretSkill workbase

If you have a CretSkill work base, you may be able to upload Content to the Service (free/paid). You may use your Content to promote/teach your skills or to demonstrate your skilful work. If you choose to upload Content, you must not submit to the Service any Content that does not comply with this Agreement (including the CretSkill Community Guidelines) or the applicable law(s).


In particular, the Content must:


a. respect the rights of others, including privacy;


b. not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so;


c. not abuse or harm others or yourself (or threaten or encourage such abuse or harm), including against children;


d. not mislead, be patently false, or defrauding;


e. not illegally impersonate, defame, bully, harass, be obscene or stalk others;


f. not incite a violation of applicable laws;


g. not abuse, harm, interfere with or disrupt the services — for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures.


You are legally responsible for the Content you submit to the Service. We may use automated systems that analyze your Content to help detect infringement and abuse, including spam and malware.


Rights you Grant

You retain ownership rights in your Content. However, we do require you to grant certain rights to CretSkill and other users of the Service, as described below.


License to CretSkill

By providing Content to the Service, you grant to CretSkill a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use that Content (including reproduce, distribute, preparing derivative works, displaying and performing it). CretSkill may only use that Content in connection with the Service and CretSkill’s (and its successors and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.

License to Other Users

You have no right to sublicense the license rights granted in this for the service i.e. CretSkill work base. You can grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including to reproduce, distribute, prepare derivative works, display and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.


Duration of License

The licenses granted by you continue for a commercially reasonable period of time after you remove or delete your Content from the Service. You understand and agree, however, that CretSkill may retain, but not display, distribute, or perform, server copies of your videos that have been removed or deleted.


Right to Monetize
 

There is only one type of earning from the platform with the help of CretSkill Accounts, creators must upload the premium content on their CretSkill platform from their id, and if anyone buys their paid content, then 80% of the earning directly transferred to their bank account from an established payment gateway and CretSkill shall deduct 20% of those earnings as a platform fee. The CretSkill shall charge the commission for the use of the CretSkill platform from creators indirectly or otherwise, taking the 20% commission from the premium content earnings of the creators along with a nominal money transfer fee of 0.25% of the earning which shall be charged by the payment gateway. The creators shall receive the 80% of the total earning after a cut of 20% commission along with a nominal money transfer fee of 0.25% of the earning which shall be charged by the payment gateway from their premium content purchase, any other guidelines shall be provided to you from time to time and under the sole discretion of CretSkill to amend the monetization guidelines.


You grant to CretSkill the right to monetize your Content on the Service (and such monetization may include displaying ads on or within Content or charging users a fee for access). This Agreement does not entitle you to any payments other than the CretSkill policies. Any payments you may be entitled to receive from CretSkill under any other agreement between you and CretSkill (including for example payments under the CretSkill work base Program, will be treated as royalties. If required by law, CretSkill will withhold taxes from such payments.


Removing Your Content

You may remove your Content from the Service at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by these terms.


Removal of Content by CretSkill

If we reasonably believe that any of your Content
(1) is in breach of this Agreement or
(2) may cause harm to CretSkill, our users, or third parties, we reserve the right to remove or take down that Content in accordance with applicable law. We will notify you of the reason for our action unless we reasonably believe that to do so:
 (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for CretSkill or our Affiliates;
 (b) would compromise an investigation or the integrity or operation of the Service; or
 (c) would cause harm to any user, other third parties, CretSkill or our Affiliates. You can learn more about reporting and enforcement, including how to appeal on CretSkill’s Help Center.


5. Purchases by Viewers/Learners of the content of creators

Viewers/Learners can purchase premium content (single video), Group lists (Course) and Group skills (Bundle of Courses) directly from the Creators with the help of the CretSkill platform if the Creator deletes that premium content (single video), Group lists (Course) and Group skills (Bundle of Courses) after the purchase by the Viewers/Learners, in that case, the CretSkill shall not hold any kind of responsibilities but in some cases of Group lists (Course) and Group skills (Bundle of Courses) CretSkill may allow the Viewers/Learners to claim their refunds. A refund amount may be received by the Viewers/Learners in 4-5 working days after successfully compilation on terms as follows:


  • If Viewers/Learners consumed half of the portions of Group lists (Course) and Group skills (Bundle of Courses) content, then Viewer/Learner shall not be allowed for a refund.
  • If Viewers/Learners consumed half of the resources or questionnaire provided in the Group lists (Course) and Group skills (Bundle of Courses) then, Viewer/Learner shall not be allowed for a refund.
  • Refunds are available to viewers/learners within 48 hours of purchase, subject to meeting all aforementioned conditions.

All Viewers/Learners Transactions are contracts between Viewers/Learners and Creators on the terms of the Standard Contract between Viewers/Learners and Creators. Although we facilitate Viewers/Learners /Creator Transactions by providing the CretSkill’s platform and storing Content we are not a party to the Standard Contract between Viewers/Learners and Creator or any other contract which may exist between Viewers/Learners and Creator and are not responsible for any Viewers/Learners /Creator Transactions.


Creators are solely responsible for determining (within the parameters for pricing on the CretSkill’s platform) the pricing applicable to Viewers/Learners/Creator Transactions and the Content to which you may be given access. The prices of contents may depend on that country’s currency accordingly


Viewers/Learners Payments are exclusive of Taxes, which shall be added at the current rate as applicable to Viewers/Learners Payments. To be able to enter into a Viewers/Learners Transaction with a particular Creator, you must first add a payment card to your account and then click on “Purchase” to purchase premium content (single video), Group lists (Course) and Group skills (Bundle of Courses).


You authorize us and our subsidiary companies to supply your payment card details to a third-party payment provider for the purpose of processing your Purchase Payment. All Purchase Payments shall be charged in that country’s currency to which the Viewers/Learners are making the payments or the Creator who is receiving the payment. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we and our subsidiary companies will not be responsible for paying any charges or fees imposed by your payment card provider or bank.


If you choose to provide details of two or more payment cards, then if you try to make a Purchase Payment from the first card and the card is rejected for any reason, then the other payment card will be used to collect the full Purchase Payment.


The payment provider will take immediate payments from your payment card for Purchase Payments (including any other payments paid by you to a Creator). You authorize and consent to each of these payments being debited using your supplied payment card details.


If you cancel a Purchase you will continue to be permitted to view the relevant Creator's Content until the end of the period in which you cancelled, after which no further payments will be taken from your payment card in respect of Purchase to that Creator's content (unless you choose to pay for a new Purchase to that Creator’s content), and you will no longer be able to view the relevant Creator's Content.


You agree that you will not make unjustified requests for a refund in respect of any Viewers/Learners /Creator Transaction or any other payment to a Creator, or unjustified chargeback requests of your payment card provider in relation to any Viewers/Learners /Creator Transaction or any other payment to a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.


6. Account Suspension & Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our app/website. If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof); termination is as follow:

Terminations by You

You may stop using the Service at any time. Follow the instructions to delete the CretSkill workbase from your CretSkill platform, which involves closing your CretSkill work base and removing your data. You also have the option to download a copy of your original data first.


Terminations and Suspensions by CretSkill

CretSkill reserves the right to suspend or terminate your CretSkill workbase or your access to all or part of the Service if:
(a) you materially or repeatedly breach this Agreement;
(b) we are required to do so to comply with a legal requirement or a court order; or
(c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, CretSkill or our Affiliates;
(d) if you upload the content other than your category selected. CretSkill is not liable of any kind of breach of contract or shall not face any other legal obligation if they delete, modify, restrict the CretSkill’s workbase of yours and also, they are not liable of any payment from the Google AdSense Accounts. The Google AdSense Accounts policy shall be applicable for the earning.


Notice for Termination or Suspension

We will notify you with the reason for termination or suspension by CretSkill workbase unless we reasonably believe that to do so:
(a) would violate the law or the direction of a legal enforcement authority;
(b) would compromise an investigation;
(c) would compromise the integrity, operation or security of the Service; or
(d) would cause harm to any user, other third party, CretSkill or our Affiliates. Where CretSkill is terminating your use for Service changes, where reasonably possible, you will be provided with sufficient time or 7 days to export your Content from the platform.


Effect of Account Suspension or Termination

If your CretSkill account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only) without an account, and this Agreement will continue to apply to such use. If you believe that the termination or suspension of your CretSkill account has been made in error, you can appeal using email facilities to the help centre.


7. About Software in the Service

Open Source/online based

Some CretSkill software used in our Service may be offered under an open-source/online-based, royalty-free license that we provide to you. There may be provisions in an open-source license that expressly override some of these terms, so please be sure to read those licenses.


8. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and noninfringement. In no case shall ONORALL TECHNOLOGIES PRIVATE LIMITED, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.


9. Indemnification

You agree to indemnify, defend and hold harmless, ONORALL TECHNOLOGIES PRIVATE LIMITED and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party. You also agree to release, defend, indemnify, and hold ONORALL TECHNOLOGIES PRIVATE LIMITED and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with
(a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms;
(b) your CretSkill workbase Content;
(c) your
 (i) interaction with any Member,
 (ii) enrolment of a Course; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of enrolment or attending of a content.


10. Copyright Policy

CretSkill respects and recognizes the intellectual property rights of others and expects users of CretSkill platform to do the same. Users of our Platform should refer to our Copyright Policy, which is incorporated into this Terms of Service by reference. If you believe that your content has been used on CretSkill in a way that constitutes an infringement of your copyright, please notify CretSkill designated agent for complaints or approach us through the procedure set out under the applicable provisions of the Information Technology Act. If you have a good faith belief that any of our users has infringed your copyright, you may follow the process as specified in our Copyright Policy.


11. Intellectual Property

The Services, including but not limited to digital content on the website/application i.e. text, graphics, user interface, images, video interface, and software as well as their selection and arrangement, may belong to CretSkill or to its partners who have granted CretSkill, the right to use their content and are protected to the fullest extent possible by applicable laws related to copyrights, trademarks, trade secrets, and all other intellectual property and proprietary rights (collectively, "Intellectual Property Rights" ). Any unauthorized use of the Services may violate such laws and the Terms of Use. CretSkill reserves all its legal rights to prohibit, stop or contain any such violations.

You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense, or reverse engineer the Platform and Services or any parts thereof or the selection and arrangement of the Platform and Services, except as expressly authorized herein. CretSkill grants you a non-exclusive, non-transferable, limited permission to access and display the web pages within this Platform, solely on your computer/mobile or any other electronic viewing device for your personal, non-commercial use of this Platform. This permission is conditional on the basis that you shall not modify, alter or illegally use the content displayed on this Platform and shall keep intact and comply with all copyright, trademark, and other proprietary notices of the Platform, if any. The rights granted to you constitute a license and not a transfer of title in any manner.

Use of the Platform or Services for any other purpose other than expressly granted hereunder is expressly prohibited and may result in severe civil and criminal penalties.

In relation to any content submitted, uploaded, or generated by you on the Platform, you hereby grant an unconditional, unlimited, perpetual, royalty-free, worldwide license and permission to CretSkill and its affiliates, content sharing partners to display, store, host, publish, digitally reproduce or copy, transmit, communicate to the public, modify, translate, distribute or otherwise make such content available on the Platform or in relation to the Services provided by CretSkill. You agree that such content may continue to be made available on CretSkill despite any termination or suspension of your account if such content has been shared, stored or embedded by any other user(s). You agree not to hold CretSkill responsible for the aforesaid activities in relation to your content.


12. About this Agreement
Changing this Agreement

We may change this Agreement,
(1) to reflect changes to our Service or how we do business - for example, when we add new products or features or remove old ones,
(2) for legal, regulatory, or security reasons, or
(3) to prevent abuse or harm.


If we materially change this Agreement, we’ll provide you with reasonable advance notice and the opportunity to review the changes, except
(1) when we launch a new product or feature, or
(2) in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you don’t agree to the new terms, you should remove any Content you uploaded and stop using the Service.


Continuation of this Agreement

If your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Account Suspension & Termination”, “About This Agreement”, and the licenses granted by you will continue as described under “Duration of License”.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.


No Waiver

If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future). The failure of CretSkill to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CretSkill. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.


Interpretation

In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.


Governing Law

These Terms and your use of the Services will be interpreted in accordance with the laws of India excluding its rules on conflicts of laws. You and we agree to submit any dispute arising under these Terms to the personal jurisdiction of a court located in Delhi for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.


Any dispute, claim or controversy arising out of or relating to this Terms including the determination of the scope or applicability of this Terms to arbitrate, or your use of the Application/website or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator mutually appointed by Members and ONORALL TECHNOLOGIES PRIVATE LIMITED. Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Delhi. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.


If you are a resident of the European Economic Area (EEA) you have the right to complain to a Data Protection Authority about our collection and use of your personal information. For more information, please contact your local data protection authority in the EEA.


13. Miscellaneous

CretSkill shall have no liability of any nature, whether in contract, or otherwise, for any losses whatsoever and howsoever caused, from, or in any manner connected with any of the Services provided by us.


CretSkill is not liable for any failure or delay of performance (or otherwise) arising out of a cause beyond CretSkill’s reasonable control.


You may not assign or transfer these Terms, by operation of law or otherwise, without CretSkill’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect from the beginning. CretSkill may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.


CretSkill reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) provided by us with or without notice. You agree that CretSkill shall not be liable to You or to any third party for any modification, suspension or discontinuance of such Services. It is Your responsibility to review these Terms periodically for updates/changes.


You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the information provided by us, including any intellectual property rights of CretSkill or any person firm or corporation having posted information for availability through the Services provided by us.


You agree that in the event Your post or Your information violates any provision of this Terms, we shall have the right to refuse to provide You or any person acting on Your behalf, access to the Site and Application, terminate and/ or suspend Your access if applicable in the future.


14. Changes To Terms of Service

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our app/website. It is your responsibility to check our app/website periodically for changes. Your continued use of or access to our app/website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.


15. COOKIES

A cookie is a piece of software code that an internet website sends to your browser when you access information at that site/application. A cookie is stored as a simple text file on your computer or mobile device by a website’s server and only that server will be able to retrieve or read the contents of that cookie. Cookies let you navigate between pages efficiently as they store your preferences, and generally improve your experience of a website. CretSkill uses the following types of cookies to enhance your experience and interactivity:


Analytics cookies for anonymously remembering your computer or mobile device when you visit our website/application to keep track of browsing patterns.


Service cookies for helping us to make our website work efficiently, remembering your registration and login details, settings preferences, and keeping track of the pages you view.


Non-persistent cookies a.k.a per-session cookies. Per-session cookies serve the technical purpose of providing seamless navigation. These cookies do not collect personal information on users and they are deleted as soon as you leave our website/application. The cookies do not permanently record data and they are not stored on your computer’s hard drive. The cookies are stored in memory and are only available during an active browser session. Again, once you close your browser, the cookie disappears.


You may note additionally that when you visit or download CretSkill, you may be required to accept cookies. If you choose to have your browser refuse cookies, it is possible that CretSkill may not function properly.


YOU HAVE READ THESE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE