www.myskyll.com ("Website") is a service powered by Zootar Software Pvt. Ltd., a company incorporated under the laws of India. These Terms of Service ("Terms") govern your access to and use of Myskyll.com's website, products, and services ("Products"). Please read the Terms. By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services.
In these Terms, references to "you", "User" shall mean the end user accessing the Website, its contents and using the Services offered through the Website, "Service Providers" mean independent third party service providers, and "we", "us" and "our" shall mean Zootar Software Pvt. Ltd., and its affiliates.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Myskyll.com finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement. Myskyll.com shall not be liable for any loss or damage resulting from Myskyll.com's reliance on any instruction, notice, document or communication reasonably believed by Myskyll.com to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Myskyll.com reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.
These Terms of Service apply to all users of the Myskyll including Educators, Students and Parents. The Service includes all aspects of Myskyll.com, all communication and all interactions including but not limited to all products, software and services offered via the website, such as Myskyll and other applications made available from www.myskyll.com or from third party sites and marketplaces like google play store or the Apple App store.
Subject to your compliance with these Terms of Service, Myskyll.com hereby grants you permission to use the Service, provided that:
Certain areas of the Site (and your access to or use of certain Service or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Service or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Service or Collective Content, as applicable.
You must keep your user details secure and must not share them with anyone else. You must notify Myskyll.com immediately of any breach of security or unauthorized use of your account. Myskyll.com will not be liable for your losses caused by any unauthorized use of your account. You must not collect or harvest any personal data of any user of Myskyll.com or user of other services via Myskyll.com, including account names.
User hereby agrees to pay Myskyll.com the Annual Subscription fees as per the plan chosen by you for use and to operate the professional user ID. Whenever you register with a Professional user ID, the bill will be generated in favour of Zootar Software Pvt. Ltd. until the cancellation and/or termination of the agreement, it will be renewed annually. User is responsible for all applicable taxes, and shall be charged accordingly.
Student and Educators can terminate their Myskyll Paid Professional ID only after approval from their School/College/University head. User may or may not be eligible for refund. Paid Professional ID will remain in effect until it is canceled or terminated under this Agreement. If User is unable to pay within prescribed time period, Myskyll.com reserves the right to suspend it.
Myskyll.com reserves the right at its sole discretion to change, modify, or otherwise alter the fees at any time; such modifications shall be communicated 3 month in advance through notification on the official site and/or an email on the registered professional id. If you do not agree with the altered fees, you may terminate your relationship with Myskyll.com in accordance with our provision of termination for convenience.
You may only access the Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Products. You assume any and all risks from any meetings or contact between you and any Educators/Students or other Users of the Products.
You may not upload to, or distribute or otherwise publish through the Service, any material which:
For all User Submissions, you hereby grant Myskyll a license to translate, modify or create derivatives for technical purposes, to enable the user submission to be displayed and reproduced on various devices across various networks and mediums, in each case to enable us to operate the Services.
You agree that the above licenses you grant are royalty-free, irrevocable, and worldwide, for as long as your User Submissions are stored with us. Notwithstanding the foregoing, you have the right to remove all or any portion of your user Submission from the Site at any time.
THE COMPANY RESPECTS ALL COPYRIGHT, PRIVACY, DEFAMATION AND OTHER LAWS RELATING TO CONTENT AND INFORMATION AND WILL NOT TOLERATE VIOLATION OF SUCH LAWS. NOTWITHSTANDING THE FOREGOING, THE COMPANY DOES NOT SCREEN THE USER SUBMISSIONS AND ALL USE OF THE USER SUBMISSIONS BY YOU IS AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY FOR SUCH USE. IN PARTICULAR, NO REVIEW OR POSTING OR APPEARANCE OF THE USER SUBMISSIONS ON THE SITE OR THROUGH THE PRODUCTS IS INTENDED TO ACT AS AN ENDORSEMENT OR REPRESENTATION THAT ANY USER SUBMISSION IS FREE OF VIOLATION OF ANY COPYRIGHT, PRIVACY OR OTHER LAWS OR WILL SUIT A PARTICULAR PURPOSE OR BE ACCURATE OR USEFUL. If you believe that the user submission of yours violates any law or regulation or is inaccurate or poses any risk whatsoever to a third party it is your responsibility to take such steps you deem necessary to correct the situation. If you believe that any user submission violates any laws or regulations, including, without limitation, any copyright laws, you should report it to us at hello[at]myskyll.com.
The Service contains content owned or licensed by Myskyll.com ("Myskyll.com Content"). Myskyll.com Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Myskyll.com, Myskyll.com owns and retains all rights in the Myskyll.com Content and the Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Myskyll.com Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Myskyll.com Content.
The Myskyll.com name, logo and tagline are trademarks of Myskyll.com, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Myskyll.com. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Myskyll.com, and may not be copied, imitated or used, in whole or in part, without prior written permission from Myskyll.com.
We may suspend your Services without liability if:
We will give you 7 days advance notice of a suspension under this paragraph and a chance to cure the grounds on which the suspension are based, unless we determine in our reasonable commercial judgment that a suspension on shorter or contemporaneous notice is necessary to protect Myskyll.com or its other customers from imminent and significant operational or security risk.
You may terminate the Agreement for convenience at any time either by ceasing to access them, closing your account via our online account closing process or by contacting us at hello[at]myskyll.com. We may terminate this Agreement for convenience at any time on at least one (1) years advance written notice.
We may terminate the Agreement for breach on written notice if:
We may terminate your use of the Products or Site immediately without notice for any breach by you of these Terms or any of our applicable policies, as posted on the Site from time to time. We have no obligation to retain any of your Account or user submissions for any period of time beyond what may be required by applicable law. Upon termination, you must cease all use of the Site, Products and Content.
If you violate the letter or spirit of these Terms, or otherwise create risk or possible legal exposure for Myskyll.com, we can stop providing all or part of the Service to you.
The Service may contain links to third party websites that are not owned or controlled by Myskyll.com. Myskyll.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Myskyll.com will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Myskyll.com from any and all liability arising from your use of any third-party website.
You acknowledge and agree that your relationship with Myskyll.com is not a confidential, fiduciary, or other type of special relationship, different from the position held by members of the general public.
You acknowledge that Company has no control over, and no duty to take any action regarding: which users gains access to the Site; what user submissions you access via the Site; what effects the user submissions may have on you; how you may interpret or use the user submissions; or what actions you may take as a result of having been exposed to the user submissions. You release Company from all liability for you having acquired or not acquired user submissions through the Site. The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. Company makes no representations concerning any User Submissions contained in or accessed through the Site, and Company will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.
UNDER NO CIRCUMSTANCES WILL THE MYSKYLL.COM PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE AMOUNTS PAID BY YOU TO MYSKYLL IN CONNECTION WITH THE SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM.
You will indemnify and hold Myskyll, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, User or employee of the other. Neither Myskyll.com nor any other party to this Agreement shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
Myskyll.com may make changes to these Terms from time to time. Myskyll.com will publish the changes at www.myskyll.com/general_terms. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or Myskyll.com Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Myskyll.com in accordance with our provision of termination for convenience.
We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
"Force Majeure Event" means an event:
The affected Party's obligations are then suspended solely to the extent it is able to demonstrate that it is prevented from performing them by the Force Majeure Event.
Notwithstanding anything in the foregoing to the contrary, Myskyll.com may disclose Personal Information, content or data pursuant to any judicial, subpoena, or legal proceedings. You agree that you shall not oppose and shall cooperate with efforts by, to the extent practicable, Myskyll.com with respect to any such request for a protective order or other relief.
We want to address your concerns without needing a formal legal case. Before filing a claim against Myskyll.com, you agree to try to resolve the dispute informally by contacting hello[at]myskyll.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Myskyll.com may bring a formal proceeding.
The validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of India applicable to contracts made and to be wholly performed within such Union, without giving effect to any conflict of laws provisions thereof.
Any action arising out of or pertaining to this agreement shall be initiated and maintained in a court of competent jurisdiction at Vadodara, Gujarat State, India.