Neverinstall | Terms of Service
December 3rd, 2022
This document is an electronic record in terms of the Information Technology Act 2000, the rules made thereunder and the amended provisions pertaining to the electronic records in various other statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Get Skilled Services Private Limited, having its registered office at Bengaluru, Karnataka (“Company” or “we” or “us”), is the owner of the website domain at https://neverinstall.com (referred as “Platform”).
IF YOU DO NOT AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS CAPTURED IN THE TOS, PLEASE DO NOT USE THE PLATFORM OR SERVICES.
Company, we, us, or our means Get Skilled Services Private Limited and any other companies that are its subsidiaries and affiliates.
Service(s) means services provided through the Platform, as described in further detail under clause 3 below. The Services provided through the Platform may change from time to time, at the sole discretion of the Company.
“User” or “You” shall mean the user of the Platform.
Your use of the Platform is subject to the Terms and Conditions, which may be updated, amended, modified or revised by us from time to time with/without notice to you. To ensure that you are aware of any additions, revisions, amendments or modifications that we may have made to these Terms and Conditions, it is important for you to refer to the Terms and Conditions from time to time.
By using Platform, you affirm that you are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties set forth in the Terms and Conditions, and to abide by and comply with the terms stated therein. Registration of User in the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, or person with unsound mind etc. are not eligible to use the Platform.
I. Users who are at least 18 years of age may create an account and purchase the Services for themselves or on behalf of any Service Recipient who has so authorised the User to do so. Any purchase of Services by anyone under 18 years is expressly prohibited and by doing so you represent and warrant that you are 18 years or older. In order to use the Platform and facilitate Service Recipients to avail Services, you have to create an account (“Account”).
II. However, you agree and acknowledge that the Company does not validate your identity and authenticity of the information provided to the Company for creating Account. You shall solely be responsible for the registration of the Account. Company shall not be liable in any manner for any claims/losses arising on account of the creation of the Account and in the event if there is any claim arising out of or in relation to your creation of Account, you shall indemnify Company for whatsoever losses it may occur.
I. Subject to your compliance with the TOS, Company grants you (along with Service Recipient) a limited, non-exclusive, non-transferable license: (i) to view, download and print any content of Platform solely for your personal and non-commercial purposes; and (ii) to access, modify, edit and download any content, to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted herein.
II. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform and Services, except as expressly permitted in the TOS. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Platform or its licensors, except for the licenses and rights expressly granted in the TOS.
I. The platform provides both Free Plan & Paid Plans. Any free service mentioned in the the platform would be "Free" and would follow the terms mentioned here.
II. The platform charges a fixed fee for the paid plans which could change upon prior notification to the customer.
III. For paid plans, the platform charges a fixed VAT of 18% across all region cutomers.
IV. You agree not to engage in the practice of scalping subscriptions, or buying subscriptions with the intent to resell them at a higher price. This includes, but is not limited to, buying subscriptions through any medium, such as online marketplaces, auction sites, or in-person sales. If we determine that you have engaged in scalping of subscriptions, your access to our platform will be permanently terminated and you will be banned from using our services in the future.
II. We reserve the right to maintain, delete or destroy all information and materials posted or uploaded through the Services pursuant to our internal record retention and/or destruction policies. We (may/may not) make use of third-party cloud services providers or use our own service infrastructure for hosting the servers and databases. While we make commercially reasonable efforts to ensure that the data stored on our servers is persistent and always available to the User, we will not be responsible in the event of failure of the third-party servers or any other factors outside our reasonable control that may cause the User's data to be permanently deleted, irretrievable, or temporarily inaccessible.
III. You acknowledge and agree that we may preserve your information and may also disclose your related information if required to do so by law; or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; or (b) enforce these TOS; or (c) respond to claims that any of your usage of the Platform violates the rights of third parties; or (d) detect, prevent, or otherwise address fraud, security or technical issues; or (e) protect the rights, property, or personal safety of the Platform, its users, or the public.
In the event the User (other than the Service Recipient) has created Account or have shared any personally identifiable information, which is related to the Service Recipient, such User shall ensure that it has lawful authority to disclose such information with us. In the event if there is any breach of the aforesaid condition, User shall defend, indemnify and hold Company, its directors, employees, vendors, harmless from any claims, losses or damages arising out of or in relation to the breach of the aforesaid conditions.
The Company shall provide Users to connect with third party service providers. The Company is not responsible for, and does not endorse, any third-party services mentioned on the Platform. It is hereby stated that the Company shall in no way be responsible for any acts or omissions of third parties. Any transaction, dealings or communication otherwise that the User may have with such third parties are at the User's own risk and we make no warranties, express or implied regarding the quality or suitability of the services or products of such third-party vendors.
I. As a condition of use, you promise not to use the Services for any purpose that is prohibited by the TOS; or other rules or policies implemented by us from time to time; or in violation of any applicable laws. The Services (including, without limitation) is provided only for your own personal and non-commercial use.
II. If you would like to access our Services from a remote location, then you accept the logistical issues that accompany this. You agree to provide us with such materials or information as we may reasonably request to carry out the Services in a timely manner and ensure that such materials or information is complete and accurate in all material respects.
III. You understand that in the course of availing Services from us, you may indirectly be availing the services of third-party vendors engaged by us for the purpose of rendering such services. You agree to bear any and all out of pocket expenses in availing the Services from any such third-party vendor per the Services adopted by You. At no point in time, shall we be responsible for any actions and/or omissions of third-party vendors. In the event we are unable to provide you with a service that you are entitled to, then we shall endeavour to inform you in advance of the same. The Services may be available on all the working days, from Monday to Friday (except public holidays). However, under exceptional circumstances, the Company may provide Services during the weekends.
V. Additionally, you shall not share any information that: (i) may be harmful to minors or children below the age of 18 (eighteen) years; (ii) 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 cognisable offence or prevents investigation of any offence or is insulting any other nation; and (iii) is invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; (iv) harms minors in any manner; (v) infringes any patent, trademark, copyright or other proprietary rights; (vi) violates any laws for time being; and (vii) impersonate any person.
VI. Furthermore, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Company's (or its third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Platform or any activities conducted on the Platform; (iii) bypass any measures we may use to prevent or restrict access to the Platform (or parts thereof); (iv) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Platform, except to the limited extent applicable laws specifically prohibit such restriction; (v) modify, translate, or otherwise create derivative works of any part of the Platform; or (vi) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
I. The Company provides you with multiple automatic alerts while providing Services.
II. You understand and agree that any alerts provided to you through the Platform may be delayed or prevented by a variety of factors. We will do our best to provide alerts in a timely manner with accurate information. However, we neither guarantee the delivery nor the accuracy of the content of any alert. You also agree that we shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions taken or not taken by you or any third party in reliance on an alert.
You agree that we may contact you through telephone, email, SMS, or any other means of communication for the purpose of:
I. Obtaining feedback in relation to Platform or our Services;
II. To facilitate Services and Usage of the Platform;
III. Promote Services and Platform;
IV. Obtaining feedback in relation to any other Users listed on the Platform;
V. Resolving any complaints, information, or queries by other Users regarding your Critical Content; and
VI. You agree to provide your fullest cooperation further to such communication by the Company.
By submitting suggestions or other feedback regarding our Services/Platform, you agree that we can use and share such feedback for any purpose without any compensation to you and we are under no obligation to make such feedback confidential.
We ensure easy access to the Users by providing a tool to update your profile information. We reserve the right to moderate the changes or updates requested by you and we shall take an independent decision whether to publish or reject the requests submitted for the respective changes or updates in your profile. You hereby represent and warrant that you are fully entitled, under applicable law, to provide information as part of your profile or otherwise while using our Services, and that no such information breaches any third-party rights, including intellectual property rights and applicable data protection laws. Upon becoming aware of a breach of the foregoing representation, we may modify or delete parts of your profile information at our sole discretion with or without notice to you.
Users shall be prohibited from carrying out the any illegal acts in the Platform including but not limited to acts mentioned below:
I. violating or attempting to violate the integrity or security of the Platform;
II. transmitting any information on or through the Platform that is disruptive or competitive to the provision of our Services;
III. intentionally submitting on the Platform any incomplete, false or inaccurate information;
IV. making any unsolicited communications to other Users;
V. using any engine, software, tool, agent or other device or mechanism (such as spiders, robots, avatars or intelligent agents) to navigate or search the Platform;
VI. circumventing or disabling any digital rights management, usage rules, or other security features of the Platform;
VII. Any unlawful activities in the Platform which are prohibited by laws of India.
The Company shall, upon obtaining knowledge by itself or being brought to actual knowledge by an affected person in writing or through email signed with electronic signature about any such information as mentioned above, be entitled to disable such information that is in contravention of this Clause. We shall also be entitled to preserve such information and associated records for at least 90 (ninety) days for production to governmental authorities for investigation purposes.
We may disclose or transfer User-generated information to our affiliates or governmental authorities in such manner as permitted or required by applicable law, and you hereby consent to such transfer. In accordance with the applicable laws, we shall transfer sensitive personal data or information including any information, to any other body corporate or a person in India, or located in any other country, that ensures the same level of data protection that is adhered to by us, only if such transfer is necessary for the performance of the lawful contract between Company or any person on its behalf and the User or where the User has consented to data transfer.
The Company shall have the permission to use User's (including Service Recipient) testimonials or feedback, whether obtained in writing, verbally or in visual form (“Testimonial”) for marketing purposes. User hereby grants perpetual, irrevocable, exclusive right to publish, display Testimonial in the Platform or any social media platforms for marketing purposes.
The Company offers email-based and online support tools. You may access support resources or contact our support by emailing at firstname.lastname@example.org. In some regions or associated with certain partners, we may direct you to obtain support from third party service providers. The Company does not make any promises regarding how quickly we will respond to your request for support, or that we will be able to fix any problems, which you may be having. Any suggestions by Company regarding use of the Services shall not be construed as a warranty.
The Company offers an email-based support system. In case you require any assistance or support, you may access support resources or contact our support by emailing at email@example.com.
The Company shall revert to every complaint within 48 hours of receipt of the complaint. Further, the Company shall take best possible efforts to redress the complaint within 30 days of receipt of the complaint.
The User agrees and acknowledges that the Company shall address and attempt to resolve the complaint received in accordance with the standard policies and procedures adopted by the Company, the User's disapproval/discontent with the outcome/mode of redressal shall not be deemed to mean non-redressal of the complaint by the Company. Any suggestions by Company regarding use of the Service shall not be construed as a warranty.
We may terminate your usage of the Platform at any time for any reason, including breach of the Terms and Conditions. We have the right (but not the obligation) to refuse to grant access to Platform. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
Once temporarily suspended, indefinitely suspended or terminated, the User may not continue to use the Platform under the same account, a different account or re-register under a new account. On termination of an account due to the reasons mentioned herein, such User shall no longer have access to data, messages and other material kept on the Platform by such User. All provisions of the TOS, which by their nature should survive termination, shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) 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. THE COMPANY and SERVICE PROVIDER (INCLUDING) ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, SPONSORS AND PARTNERS 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. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You shall defend, indemnify, and hold harmless the Company, its affiliates/subsidiaries/joint venture partners and each of its, and its affiliates'/subsidiaries/joint venture partners' employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to (i) your use or misuse of, or access to, the Services and Platform; or (ii) your violation of the Terms and Conditions; or any applicable law, contract, policy, regulation or other obligation. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in connection therewith.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (INCLUDING ITS DIRECTORS, EMPLOYEES, AGENTS, SPONSORS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, LICENSORS OR RESELLERS,) BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, LOSS OF GOODWILL OR OPPORTUNITY, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, (II) FOR YOUR RELIANCE ON THE SERVICES (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE INR 1000/- (IV) FOR ANY MATTER BEYOND ITS OR THEIR REASONABLE CONTROL, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY OF THE AFOREMENTIONED DAMAGES.
You further agree and confirm that Company shall not be responsible, in any manner whatsoever, for any delay/unavailability of Services or failure to meet its obligations under the Terms and Conditions, which may be caused, directly or indirectly, due to:
I. your failure to cooperate;
II. your unavailability and/or unresponsiveness;
III. your failure to provide accurate and complete information;
IV. any event beyond Company's reasonable control.
This Agreement shall be governed by and construed in accordance with the laws of India without regard to the conflict of law provisions thereof. All claims, differences and disputes arising under or in connection with or in relation thereto the Platform or Services, the Terms or any transactions entered into on or through the Platform or Services shall be subject to the exclusive jurisdiction of the courts of Bengaluru, India and you hereby accede to and accept the jurisdiction of such courts.
I. The Terms and Conditions are the entire agreement and understanding between you and Company with respect to the Services and usage of Platform.
II. If any provision of the Terms and Conditions are found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms and Conditions will otherwise remain in full force and effect and enforceable.
III. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
IV. The Terms and Conditions are personal to you, and are not assignable or transferable by you except with Company's prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without any consent.
V. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms and Conditions and neither party has any authority of any kind to bind the other in any respect. All notices under the Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or two days after it is sent, if sent for next day delivery by recognized overnight delivery service.
Any discrepancies or grievances with regard to content and or comment or breach of the Terms and Conditions shall be taken up with the designated Grievance Officer as mentioned below via in writing or through email:
Email ID: firstname.lastname@example.org
Address: 1st floor, 412/A, 24th cross, 18th main,HSR Layout, Sector 3, Bengaluru-560102, Karnataka, India.
If you have any questions regarding the Services or usage of the Platform, please contact Company at email@example.com. Please note that for the purpose of validation, you shall be required to provide information (including, but not limited to contact number or registered mobile number, etc.) for the purpose of validation and taking your service request.