Terms of Use
1. INTRODUCTION
www.nsdcindia.org (hereinafter referred to as the “Website” or “Platform”), is a website controlled and managed by National Skill Development Corporation (together with its associate companies, subsidiaries, and affiliates, hereinafter referred to as “NSDC,” “Us,” “We,” “Our” or “Company”), having its registered office at 5th & 6th Floor, Kaushal Bhawan, New Moti Bagh, New Delhi – 110023. This Platform collects and processes information to facilitate the delivery of its Services (*as defined in the Privacy Policy*). Please review these terms of use (“Terms of Use”) that govern Your (“User” or “You” or “Your”) use of Our Platform and Services. Further, this Terms of Use is to be read in conjunction with the Privacy Policy, Cookies Policy and Disclaimer, as amended from time to time and published on the Website (collectively, the “Governing Policies”). All terms and conditions set out in the Governing Policies shall apply to Users of the Website and are deemed to be incorporated herein by reference. By accessing or using the Website or uploading or downloading any data or content on or from the Website, you would be indicating that You have read, understand and agree to be bound by these Governing Policies, whether or not You have registered on the Website. If You use Our Website on behalf of another individual/ entity, then these Terms of Use shall apply to that individual/entity and its affiliates. In such case, You represent and warrant that you have obtained their prior consent for such use and have the authority to bind the individual/ entity to the Terms of Use. We reserve the right, at Our sole discretion, to change, modify, add or remove portions of these Terms of Use at any time without any prior notice to You. You shall ensure to review these Terms of Use periodically to review such changes. Your continued use of the Website following the posting of changes shall mean that You accept and agree to the revised Terms of Use. By implicitly or expressly accepting these Terms of Use, You also accept and agree to be bound by the Governing Policies.
2. USER ACCOUNTS, USER REGISTRATION AND DELIVERY OF SERVICES
In order to avail the Services provided on the Platform, a User may need to register for a personal account (“User Account”). When setting up Your User Account, You may be required to provide information such as your name, email address, mobile number, address, educational qualifications, and other relevant details, as detailed in the Privacy Policy. The information sought shall depend on the category of registration. You understand and agree that all information provided by You is true, accurate and complete and that You will maintain and update Your information to keep it true, accurate and complete. You acknowledge that if any information provided by You is untrue, inaccurate, out of date or incomplete, We reserve the right to terminate Your use of the Platform and may initiate any action as deemed fit. You agree that You will never divulge or share access to Your User Account with any third party for any reason, and any such disclosure of Your User Account credentials shall be at Your own risk, and You shall be solely responsible for all activities that occur under Your User Account as a result. You also agree that You will create, use and/or access only one User Account, and that You will not use any User Account other than Your own, except where You create, use and/or access a User Account on behalf of another individual or entity in accordance with Clause 1. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform Us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorized manner. You shall not use any false e-mail address or create any temporary e-mail address or indulge in any act to obviate or circumvent the email verification process by use of virtual private network for spoofing IP address while creating/verifying the e-mail address or otherwise mislead Us by sharing multiple addresses and phone numbers or transact with any *malafide* intention. In addition to the registration process, as part of Your use of the Platform, We may obtain certain information including Your Personal Data (*as defined in the Privacy Policy*). We may use, process, store and maintain the information You provide to facilitate your access to the Platform’s database and Services, both currently and in the future.
3. USE OF PLATFORM You understand that the Company, at its sole discretion, may limit, suspend, or terminate Your use of the Platform. You also understand that the Company may modify or discontinue any Service at its sole discretion. You agree that the Company shall not be liable to You or to any third party for any such modification, suspension, or discontinuance. Nothing in these Terms of Use shall be construed to obligate the Company to maintain and support the Platform or any part or portion thereof or any associated services. You agree that the Company shall be under no liability whatsoever in the event of non-availability of the Platform or any portion thereof. You shall be exclusively responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, receive or use the Platform, including, without limitation, hardware devices, software, and other internet, wireless, broadband, phone and/or other mobile communication device connection services. You shall be responsible for all charges incurred in connection with all such equipment and ancillary services.
4. INTELLECTUAL PROPERTY RIGHTS “Content” means any and all information, data, materials and other content made available on or through the Website, whether created, owned, licensed, displayed, uploaded, transmitted, published or otherwise made accessible by the Company, its licensors, users or any third party, including, without limitation, text, software, scripts, source code, graphics, images, photographs, audio, videos, animations, logos, trademarks, designs, interfaces, advertisements, offers, interactive features, documents, files, links and any other materials, in any form or medium. The Platform and related services are owned and operated by the Company, and the Content displayed and available on the Platform is the property of the Company and is protected by copyright and/or other proprietary intellectual property rights under the relevant jurisdiction. Users are strictly prohibited from downloading, copying, reproducing, distributing, publishing, displaying, or transmitting any part of the Content available on the Platform, in any form, whether digital or physical, unless explicitly permitted to do so by the Company in writing. By accessing or using the Platform, you expressly acknowledge and agree to comply with these restrictions and to respect the intellectual property rights of the Company and all content providers. Any unauthorized use, replication, or dissemination of the Content available on the Platform, shall constitute a violation of applicable intellectual property laws and may result in suspension of access from the Platform and any Service, legal action, and/or any other appropriate action. The Company does not claim ownership of the content provided by any third-party entity but reserves the right to remove or restrict access to such content on the Platform. Company logos, trademarks and service marks that may appear on the Platform (“Company Marks”) are the property of the Company and are protected under applicable law. All other trademarks, service marks and logos used on the Platform, with or without attribution, are the trademarks, service marks or logos of their respective owners. In addition, elements of the Platform are protected by applicable intellectual property laws and may not be copied, reproduced, downloaded, or distributed in any way in whole or in part. As a condition of accessing the Platform, You agree not to:
1. download, reproduce, distribute, duplicate, copy, sell, resell, or exploit for any commercial purpose any Content available on the Platform, or any portion thereof, other than as expressly allowed; and
2. use the Company Marks or the name, trademarks, service marks, or other materials of any third party in connection with, or to transmit, any unsolicited communications or emails or for any other unauthorized purpose. In the event You come across any Content that is incorrect, infringing, offensive, indecent, or objectionable, please notify Us immediately by writing to the Grievance Officer at the contact information provided below under Clause 15(i) of this Terms of Use.
5. THIRD-PARTY INTELLECTUAL PROPERTY
Company acknowledges the third-party intellectual property rights and actively supports protection of all third-party intellectual property including copyrights and trademarks (“Third-Party IP”). Users shall not upload, post, publish, transmit, distribute, reproduce, display, modify, create derivative works from, sell, license, or otherwise use any Content or other material available on or through the Website in any manner that infringes or misappropriates the intellectual property or proprietary rights of NSDC or any other person or entity. In the event that the Company receives a *bona fide* notice alleging that any Content available on the Website infringes any Third-Party IP, the Company may, in its sole discretion and without prior notice, investigate the allegation and take such action as it deems appropriate, including removing the allegedly infringing Content, or taking any other action required under applicable law. The Company reserves the right to decline or reject any notice that is incomplete, inaccurate or unsupported by sufficient information. The Company acts solely as an intermediary with respect to Third-Party Content, where applicable, and does not monitor, review or verify such Content made available on the Website. Accordingly, the Company shall not be responsible or liable for any infringement of Third-Party IP committed by any User or third party through the Website, except to the extent required under applicable law. The Company reserves the right to suspend or terminate the accounts of Users who are found, or are reasonably believed, to be repeat or wilful infringers of Third-Party IP. If You believe that any Content available on the Website infringes your intellectual property rights, You may submit a written notice to the Grievance Officer containing sufficient details of the alleged infringement, including proof of ownership of the relevant intellectual property rights, identification of the allegedly infringing material, its location on the Website, and your contact details. Such notices may be sent to the Grievance Officer at the contact details provided below under Clause 15(i) of this Terms of Use. The Company will review such notices and take appropriate action in accordance with applicable law and the Governing Policies.
6. LIMITED LICENSE In consideration for Your agreement to these Terms of Use, the Company grants You a personal, non-exclusive, non-transferable, revocable license to access and use the Platform, solely in accordance with the Terms of Use. You may not copy, sell, resell, reproduce, publish, modify, transfer, retransmit, distribute, commercially exploit, or create derivative works of the Platform or any Content available on the Platform. You must not reverse-engineer, decompile, disassemble, or otherwise access the source code for any software that may be used to operate the Platform. From time to time, the Content may include software, code, instructions, or other such information; any such information is provided on an “as is” basis for instructional purposes only and is subject to these Terms of Use. Any use of such information for commercial purposes is strictly prohibited. The Company reserves all rights not expressly granted herein to the Platform and Company Marks. Without limiting the generality of the foregoing terms, the following are types of uses that the Company expressly defines as falling outside of the definition of “non-commercial and personal use”:
1. the sale or rental or allowing use to a third party (with or without consideration) of (i) any part of the Content available on the Platform, (ii) any derivative works based at least in part on any such Content, or (iii) any collective work that includes any part of such Content;
2. the sale or allowing use to a third party (with or without consideration) of access or a link to any part of the Content available on the Platform;
3. the use of Content available on the Platform, by a for-profit corporation or non-profit entity for its own purposes; and
4. the use of Content available on the Platform, for displaying, uploading or making available at a place that is accessible to the general public in any manner, including but not limited to any social media websites and applications, internet relay chat (IRC) channels, video download sites, and P2P networking websites including torrents.
7. USER CONDUCT POLICY Without limitation, You will not post or transmit, or cause to be posted or transmitted, any communication or solicitation or other “phishing”, “pharming” or “whaling” message or use keygen malware/virus, designed or intended to obtain password, account, personal information, financial information, confidential information or private information from any User of the Platform. However, if any such event does take place, and/or the other user’s device, computer system or any other property is compromised in any manner due to such act, the Company shall not be liable for any loss of data and property. You acknowledge and agree that Company has the right to report any and all suspicious or illegal activity to the appropriate legal or police authorities, without notice to You. You should not host, display, upload, modify, publish, transmit, store, update or share any information that:
1. belongs to another person and such person has not provided its consent to You for disclosing any such information;
2. is defamatory, libelous, fraudulent, threatening, obscene, indecent, profane, pornographic, pedophilic, invasive of another’s privacy including bodily privacy, discriminating, harmful, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
3. is harmful to children;
4. infringes any patent, trademark, copyright or other proprietary rights; 5. violates any law for the time being in force;
6. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
7. impersonates another person;
8. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
9. contains software viruses or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource; and
10. is patently false and untrue, and is written or published in any form, with the intent of misleading or harassing a person, entity or agency for financial gain or to cause any injury to any person.
8. PLATFORM SECURITY
You are prohibited from violating or attempting to violate the security of the Platform or any part thereof, including, without limitation:
1. accessing data not intended for such User or logging onto a server or an account that the User is not authorized to access;
2. attempting to probe, scan or assess the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
3. attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Platform, overloading, ‘flooding,’ ‘spamming,’ ‘mailbombing’ or ‘crashing;’
4. sending unsolicited emails, including promotions and/or advertising of products or services; or
5. forging any TCP/IP (transmission control protocol/ internet protocol) packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this Platform or any activity being conducted on the Platform. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Platform other than the search engine and search agents available from the Company on the Platform and other than generally available third-party web browsers (e.g., Google Chrome, Safari, Microsoft Edge etc.). The Company strives to ensure the security of its Users and has implemented appropriate measures to protect the security of user accounts and related information. However, We cannot guarantee that unauthorized third parties will not be able to breach Our security measures.
9. LIMITATION OF LIABILITY
Neither the Company nor any of its subsidiaries, affiliates, directors, promoters, shareholders, employees, agents or vendors shall be liable to You or any other person, whether in tort, contract, strict liability or otherwise, for any direct, indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use or inability to use this Platform including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of search results, or computer/ electronic device failure, virus or malfunction. Save to the extent any liability cannot be excluded under applicable law, in no event will the Company be liable for any damages to a User. 10.
SITE LINKING The Platform may contain links to pages on other websites (“Linked Sites”), and those Linked Sites may contain Content or offer products and/or services. The Company does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that:
1. We have no responsibility for the representations or accuracy, or availability of information provided by Linked Sites;
2. We do not control or endorse the sponsors of such Linked Sites, or the Content, products, advertising, or other materials presented on such Linked Sites; and 3. You agree with the privacy policy, terms of use and all related policies of the Linked Sites. We may remove any Linked Sites from the Platform at any time with or without reason. We appreciate that Linked Sites may contain material on which the operator of the Linked Sites has intellectual property rights. We acknowledge those rights and provide the links for information purposes only. The fact that we have provided links to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site. You may not establish a link to this Platform from any other website, application, intranet or extranet site without Our prior written consent. If You wish to create links, You may contact Us and seek our prior written consent before doing so. In establishing links, You must not represent in any way, expressly or by implication, that You have received the endorsement, sponsorship or support of the Company, including its employees, agents, directors, officers or shareholders. We take no responsibility for the Content or practices of any third-party services in the Linked Sites. We encourage You to carefully review the terms of use of any third-party services or Linked Sites You access.
11. REPRESENTATIONS AND WARRANTIES
Your use of Our Platform is based on the representation that the information shared by You is true, accurate and complete in all respects. The Company makes no representations or warranties of any kind, whether expressed or implied, with respect to the Content or services available on or through this Platform, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no warranty that the services will meet the User’s requirements or that the services will be uninterrupted, timely, secure, or error free; nor does Company make any warranty as to the results that may be obtained from the use of the services, or as to the accuracy or reliability of any information obtained through the services, or that any defects in the software will be corrected. Without limiting the foregoing, the Company makes no representation, warranty or guarantee that any certificate, qualification or credential issued or made available through the Platform will result in employment, placement, or any other particular outcome, result or benefit. Any such certificate or credential is issued solely on the basis of the applicable eligibility and assessment criteria and does not constitute a guarantee of employment or employability.
12. INDEMNITY
You agree to indemnify and hold the Company and its subsidiaries, affiliates, directors, promoters, shareholders, employees and agents harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of:
1. Your use or attempted use of the Platform in violation of the Governing Policies;
2. Your violation of any law or rights of any third party; or
3. information or Content that You post or otherwise make available on the Platform, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights. 13. TERMINATION OF RIGHTS You agree that the Company, in its sole discretion, may deactivate Your account or otherwise terminate Your use of the Platform with or without reason, including, without limitation, if the Company believes that You have:
1. breached the Governing Policies;
2. infringed the Third-Party IP;
3. posted, uploaded, or transmitted unauthorized content on the Platform; or
4. violated or acted inconsistently with the letter or spirit of these Terms of Use. You agree that any deactivation or termination of Your access to the Platform may be effected without prior notice to You and that the Company shall not be liable to You nor any third party for any termination of Your access to the Platform. You also acknowledge that NSDC may retain and store Your information on its systems notwithstanding termination of Your access, unless such deletion is expressly requested by You, subject to the prescribed period of retention under applicable law. NSDC may periodically inform Users that in case of non-compliance of these Terms of Use, NSDC has the option to terminate Your Services on this Platform or remove non-compliant information or both, as per NSDC’s discretion. Where termination results in the cessation of processing of Your Personal Data, NSDC shall handle such data in accordance with its Privacy Policy and the applicable laws.
14. MISCELLANEOUS PROVISIONS
1. Minimum Age: By using the Platform, You confirm that You are at least 18 (eighteen) years of age. If You are not 18 (eighteen) years of age, You must access the Platform with the consent and supervision of a parent or legal guardian. The Company does not restrict access based on age but expects that, in the case of minors, parents or guardians take responsibility for supervising their use. The Company assumes that any Personal Data relating to a minor has been provided with the requisite consent of the parent or legal guardian and does not knowingly collect or process Personal Data of minors without such consent. To the extent the Company processes any Personal Data relating to a minor, it shall do so in accordance with the Digital Personal Data Protection Act, 2023 and the rules made thereunder, including in reliance on any exemptions available to it thereunder, such as those available to the State and its instrumentalities and in respect of the processing of children's Personal Data for the provision or issuance of any benefit, service or certificate and by educational institutions. If You are a parent or guardian and believe that a minor under Your care has submitted Personal Data without appropriate consent, You may contact the Grievance Officer to request review or deletion of such data.
2. Assignment: The Company may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of Your rights or delegate Your obligations under these Terms of Use without the prior written consent of the Company and any such attempted transfer or assignment without the consent of the Company shall be void and of no effect.
3. Governing Law: The Terms of Use shall be governed in accordance with the laws of India and any disputes arising out of or in connection with the Terms of Use shall be subject to exclusive jurisdiction of courts in New Delhi, India.
4. Severability: If a particular term is not enforceable, the unenforceability of that term will not affect any other terms.
5. No Class Actions: You may only resolve disputes with Us on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
6. Waiver: The failure of the Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. No waiver shall be binding unless executed in writing by the party making the waiver.
7. Entire Agreement: These Terms of Use, read alongside the Governing Policies, shared with You constitute the entire agreement between You and the Company relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Platform by the Company or through a specific writing between You and the Company.
8. Modification:We may modify these terms or any additional terms that apply to these Services to, for example, reflect changes to the law or changes to Our Services. You should look at the terms regularly. By continuing to use or access the Website after the revisions come into effect, you agree to be bound by the revised terms.
9. Grievance Officer: In the event You feel that Your concern has not been resolved to Your satisfaction, You may contact Our grievance officer, who shall endeavor to redress the concern in an expeditious manner. The Grievance Officer shall acknowledge receipt of any complaint and shall dispose of such complaint within a reasonable period from the date of receipt, in accordance with applicable law. The details of the Grievance Officer are as follows:
Email: grievance@nsdcindia.org
10. Survival:The provisions of these Terms of Use which by their nature are intended to survive termination or expiry, including, without limitation, those relating to Intellectual Property Rights, Limited License, User Content, Limitation of Liability, Representations and Warranties, Indemnity, and Governing Law, shall survive any termination of Your access to or use of the Platform.
11. Force Majeure:The Company shall not be liable or responsible for any failure to perform, or delay in the performance of, any of its obligations under these Terms of Use that is caused by any event or circumstance beyond its reasonable control, including, without limitation, acts of God, natural disasters, epidemics or pandemics, war, civil unrest, governmental or regulatory action, failure or interruption of telecommunications or internet networks, power outages, or cyber-attacks.