FUTURE SKILLS PRIME PLATFORM
SUBSCRIBER TERMS OF SERVICE
Last Updated: May 5th, 2021
The “Subscriber”, “Company”, “NASSCOM”, “SSC NASSCOM”, “GoI / MeitY” and “Content Partner” (as defined hereunder) may be individually referred to as “Party” and collectively referred to as “Parties”, as the context may require.
- “Company” shall mean EdCast Asia Private Limited, a company incorporated under the laws of India and having its registered office at Unit No. GB 61 to 68 and 86 to 92 Phoenix Paragon Plaza, LBS Marg Kurla West Mumbai, India.
- “Content Partner/Seller” shall mean Partner i.e. the alliance/ecosystem partners engaged by the Company for the FSP Program who shall, inter alia, create/provide media content, including virtual instructor led programmes, for the FSP Program, create virtual laboratories and determine the career lack in the Subscribers.
- “SSC NASSCOM” shall mean IT-ITeS Sector Skills Council NASSCOM which is an integral part of the National Association of Software and Service Companies (NASSCOM), the skill standard setting body of the IT-ITeS industry: is the seller and administrator of Assessments on FSP Platform.
- “GoI”/“MeitY” shall mean the Ministry of Electronics and Information Technology, Government of India.
- “Subscriber(s)” shall mean any individual, who is an Indian Citizen, who subscribes to the FSP Program and the Courseware therein.
- “Courseware/Content” shall mean and include without limitation all course materials, e-learning, labs, simulations, toolkits, video training, educational documents, training reference materials, textbooks, certification exams, instructor packages; as well as training courses, instructor service, and train-the-trainer services provided by the Content Partner for use in connection with the Program for the Future Skills Prime marketplace. The Courseware will also include virtual instructor-led training programmes, assessment, and diagnostics individually or a combination of any of the foregoing.
If you are unsure as to the terms of this Agreement, please do not proceed further and contact us at email@example.com.
THESE TERMS OF SERVICE HAVE BEEN DRAFTED IN ACCORDANCE OF EDCAST’S UNDERSTANDING OF THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 (AS AMENDED) THAT REQUIRE PUBLISHING OF THESE TERMS OF SERVICE.
PLEASE READ THE TERMS CONTAINED IN THESE TERMS OF SERVICE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. .
PLEASE READ THE TERMS CONTAINED IN THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION.
1.INTRODUCTION TO EDCAST AND ITS SERVICES
EdCast, as contracted as a technology partner, has developed the FSP Platform for implementing the Future Skills Prime Program (the “FSP Program,” or “Future Skills Prime Program”) under the aegis of the National Association of Software and Service Companies (“NASSCOM”) vis-à-vis IT-ITeS Sector Skills Council NASSCOM (“SSC NASSCOM”) in collaboration with relevant authorities of the Government of India (“GOI”) for authorized Subscribers, as defined below in Section 4, to have access to and certification under the Future Skills Prime Program (the “Services”).
The key beneficiaries of the Platform are (i) IT employees in IT firms and Non-IT firms, (ii) IT and Non-IT employees aspiring to use new and emerging technologies in their respective domains, (iii) re-skill/ up-skill employees whose skills for a particular job have become outdated and may no longer be employed, (iv) Central Govt. & State Govt. Employees including employees of PSUs & Autonomous bodies (Govt. Employees) would also benefit from the platform, (v) fresh recruits (who have been offered employment) but are yet to take up a job, as well as undergoing/ selected for internship & apprenticeship roles in IT/ ITeS etc.
Platform, Website, and the App are primarily available for use and download, inside India. If you have any questions regarding this Section, please email us at firstname.lastname@example.org.
4. ELIGIBILITY & ACCESS RESTRICTIONS
To be eligible to use the FSP Platform, Website, or the App, you must meet the following criteria and represent and warrant that you: (1) are not currently restricted from accessing the FSP Platform, Website, or the App, or not otherwise prohibited from having an account; (2) are not our competitor, or are not using the FSP Platform, Website, or the App for reasons that are in competition with us; (3) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party and applicable laws thereof; (4) will not violate any of our rights, including intellectual property rights such as patent, copyright, and trademark rights; (5) agree to provide at your cost all equipment, browser software, and internet access necessary to use the FSP Platform, Website, or the App. For the purposes of these Terms of Service, a “Subscriber” is anyone who represents and warrants that they meet the eligibility criteria set out hereinabove to have access to the FSP Platform, the FSP Program, and/or the Content, as defined in Section 6 below.
5. YOUR RIGHTS
Subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, revocable, non-transferable, non-licensable, non-sublicensable right to access and use the FSP Platform, Website, and App to access, stream, and use Content (as defined in Section 12 herein) made available in or otherwise accessible through the FSP Platform, Website, or the App, strictly in accordance with this Agreement.
You will not use, copy, adapt, modify, prepare derivative works based upon the FSP Platform, Website, or the App, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the FSP Platform, Website, or the App, except as expressly permitted in these Terms of Service.
When accessing the FSP Platform, Website, or the App, you need to make sure that your internet connection is adequate. You are solely responsible for your internet connection, including and not limited to, the applicable charges, rates, tariffs, and other fees that might apply.
YOU AGREE THAT NEITHER WE NOR NASSCOM ARE LIABLE FOR ANY DAMAGES OR INJURY RESULTING FROM YOUR ACCESS OR USE OF THE FSP PLATFORM, WEBSITE, OR THE APP. WE PROVIDE NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY OF MERCHANTABILITY. THERE IS NO WARRANTY WHICH WILL EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ANY DAMAGE ALLEGED FOR A LOSS OR INJURY IS LIMITED TO THE FEE, IF ANY, PAID TO EDCAST FOR THE ABILITY TO ACCESS OR USE OUR FSP PLATFORM, WEBSITE, AND/OR THE APP.
You agree that, unless agreed by NASSCOM in writing, NASSCOM shall not be liable to you for (i) any act or neglect of EdCast or any of the Content Partners (defined below in Section 12); or (ii) any problems with the FSP Platform or Content transmitted thereover. You agree that NASSCOM shall be indemnified by EdCast from and against all costs, liabilities, losses and expenses on account of legal proceeding(s)/claim brought against NASSCOM by you to the fullest extent allowed by applicable law. You agree that neither, EdCast, NASSCOM, nor GOI guarantees or offers employment to you in connection with the Future Skills Prime Program. You agree that use of any Content, as defined below, on FSP Platform shall solely be for your own personal and non-commercial use and you may not copy, reproduce, or otherwise share the Content with any other person.
You agree to provide true, accurate, current and complete information on yourself as prompted by any registration form (your “Credentials”) and to maintain and promptly update your Credentials to ensure it remains true, accurate, current and complete. You agree that your Credentials will be used for course and other credit in accordance with these Terms of Service and the FSP Program and in accordance with terms governing Linked Networks as defined under Section 3. The terms and conditions pertaining to completion of courses, granting of certifications and incentives will be provided by EdCast, NASSCOM and the Content Partner, which may be obtained from NASSCOM or the Content Partner as applicable, or as identified and appropriated by those concerned.
6. ACCESS AND SERVICE RESTRICTIONS
You agree that the FSP Platform, including but not limited to the Website, App, graphics, trademarks, and editorial content contains proprietary content, information, and material, which are owned by EdCast, NASSCOM, GOI and/or our Content Partners (collectively “IP”) and such IP and Content are protected by applicable intellectual property and other laws, including but not limited to copyright protection. You agree that you will not use such IP or Content other than for your permitted use of the FSP Platform, and/or the Future Skills Prime Program or in any manner that is inconsistent with the terms contained in this Agreement.
You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the FSP Platform, Website, or the App, in any manner, and you will not exploit the FSP Platform, Website, or the App in any unauthorized way whatsoever, including but not limited to, using the FSP Platform, Website, or the App to transmit any computer viruses, worms, trojan horses or other malware, or by trespassing or burdening network capacity. You further agree not to use the FSP Platform, Website, or the App in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that we are not in any way responsible for any such use by you, nor for any harassing, threatening, defamatory, offensive, infringing or illegal messages or transmissions that you may receive as a result of using the FSP Platform, Website, or the App.
You agree that the responsibility for maintaining the confidentiality of account information, including password (the “Logon Information”), and for all activities that occur with respect to your account, whether authorized by you or not, whether in connection with a lost or stolen Logon Information, shall vest solely with you and neither EdCast nor NASSCOM shall be liable for such Logon Information. You shall defend, indemnify and hold EdCast, NASSCOM, and the GOI and their officers, employees, directors, agents, and contractors harmless for any damages caused by your breach of this responsibility, whether authorized by you or not.
7. RESERVATION OF RIGHTS
You acknowledge and agree that the FSP Platform, Website, and the App are provided for your use. Except to the extent necessary to access and use the FSP Platform, Website, or the App, nothing in this Agreement grants any title or ownership interest in or to any copyrights, patents, trademarks, trade secrets or other proprietary rights in or relating to the FSP Platform, Website, or the App, whether expressly, by implication, estoppel, or otherwise. EdCast and its licensors and service providers reserve and will retain their entire right, title, and interest in and to the FSP Platform, Website, and the App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
8. ACCESS RIGHTS
Access to the Platform shall be for two (2) years or for the duration of the FSP Program, whichever is less. The FSP Program is funded by GOI and GOI reserves the right to withdraw the FSP Program or any part thereof at any time at its sole discretion.
9. USER DO’S AND DON’T’S
As a condition to access the FSP Platform, Website, and/or the App, you agree to this Agreement and to strictly observe the following Do’s and Don’ts:
- Comply with all applicable laws, including, without limitation copyright laws, information technology laws and rules, tax laws, export control laws and regulatory requirements;
- Provide accurate information to EdCast and update from time to time as may be necessary;
- Review and comply with notices sent by EdCast if any, concerning the FSP Platform, Website, or the App.
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit the FSP Platform, Website, or the App (excluding any user content);
- Reverse engineer, decompile, disassemble, decipher, capture screen shots, or otherwise attempt to derive the source code for any underlying intellectual property used to provide the FSP Platform, Website, or the App, or any part thereof;
- Utilize information, content or any data you view on and/or obtain from the FSP Platform, Website, or the App to provide any service that is competitive with us;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by EdCast or NASSCOM unless you have entered into a written agreement with us or NASSCOM, as the case may be;
- Adapt, modify or create derivative works based on the FSP Platform, Website, or the App or technology underlying the FSP Platform, Website, or the App, or other Users’ content, in whole or in part;
- Rent, lease, loan, trade, sell/re-sell access to the FSP Platform, Website, or the App or any information therein, or the equivalent, in whole or part;
- Deep-link to the Website for any purpose, i.e. including a link to our proprietary web pages other than our home page;
- Access, reload, or “refresh” or make any other request to transactional servers that are beyond generally accepted usage of web-based applications;
- Use manual or automated software, devices, scripts robots, other means or processes to “scrape”, “crawl” or “spider” any web pages, the Content or any other data contained in the Website and/or the FSP Platform;
- Use automated methods to add contacts or send messages;
- Engage in “framing”, “mirroring”, or otherwise simulating the appearance or function of Website, the Content or any other data on the FSP Platform;
- Attempt to or actually access the FSP Platform, Website, or the App by any means other than through the interface provided by EdCast;
- Attempt to or actually override any security component included in or underlying the FSP Platform, Website, or the App;
- Engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
- Remove any copyright, trademark or other proprietary rights notices contained in or on the FSP Platform, Website, or the App, including those of both EdCast or any of our licensors; or
- Use any information obtained from the FSP Platform, Website, or the App to harass, abuse or harm another User.
- Host, display, upload, modify, publish, transmit, update or share any information:
- grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
- that violates any law in force;
- that infringes any patent, trademark, copyright or other proprietary rights of a third-party;
- that impersonates another person;
- threatens public health or safety; promotion of cigarettes or any other tobacco products or consumption of intoxicant including alcohol and Electronic Nicotine Delivery System (ENDS) & like products that enable nicotine delivery except for the purpose & in the manner and to the extent, as may be approved under the Drugs and Cosmetics Act, 1940 and Rules made thereunder; and
- threatens critical information infrastructure.
10. COMMUNICATION AND NOTIFICATIONS
To enable us to serve you better, you are required to provide EdCast, NASSCOM, GOI and/or Content Partner (collectively referred to as the “Notifiers”) with your consent to reach out to you. You understand and agree that you may receive information and push notifications from the Notifiers via email, the App, text message on your mobile device, or calls to your mobile number. You hereby consent to receive communications via email, the App, text message on your mobile device, or calls to your mobile number. You acknowledge that you may incur additional charges or fees from your wireless provider for these communications, including text message charges and data usage fees, and you acknowledge and agree that you are solely responsible for any such charges and fees and not the Notifiers.
The Notifiers may send you text messages on your registered mobile number that you share with the Notifiers. All text messages originating from the Notifiers, where applicable, through authorized third-party service providers will at all times be compliant with guidelines prescribed by the Telecom Regulatory Authority of India (“TRAI”).
Nature of communication from the Notifiers is broadly classified into two (2) categories:
- Transactional SMS. Transactional messages are messages that carry your account and transaction specific information such as one-time passwords in connection with registration for any of the services or campaign related offerings, account status, invoice details, confirmation alerts, bank accounts status and other details in the form of real-time updates on the activities on your account. You may receive transactional messages even if you are a Do-Not-Disturb (“DND”) registered user. Transactional messages will not contain any promotional content. The transactional messages shall originate from ‘XX-FSPRIME’ which is the sender id.
- Promotional SMS. You may also receive text messages in the event that you are a non-DND registered user. The Notifiers may send you such text messages to update you on the service offerings that may be of interest to you.
11. DATA SHARING CONSENT
The Subscriber hereby agrees and provides his/her consent to allow the FSP Platform, EdCast, and SSC NASSCOM and/or its nominated/empaneled agency(s) to collect, receive, process, and thereafter utilize the data related to the Subscriber, including but not limited to, scores, type of assessment undertaken, type of Content subscribed to etc. so as to enable delivery of Services to the Subscriber on the FSP Platform and for any other lawful purpose as it may deem necessary.
- Access to the FSP Platform. Access to the FSP Platform and Services are currently provided to you at no cost to you. In the event that we change this in the future, we will communicate such modification to you specified via a revised/ another agreement between EdCast and you.
- Payment for Content/Assessment. Notwithstanding anything to the contrary herein, you will be responsible for paying the fees for the specific Content/Assessment fee offered over the FSP Platform by the Content Partners/SSC NASSCOM. By purchasing any Content/Assessment offered under the FSP Program on the FSP Platform, you are granted a non-exclusive and non-transferable right to access, view and use the relevant Content, undertake the requisite Assessment and will not use or reproduce any of the Content, including Assessment questions, in any manner, unless expressly authorised by the Content Partner or EdCast or SSC NASSCOM, as applicable.
For the purposes of these Terms of Service:
- “Courseware/Content” shall mean any content, courses, instruction, or other educational material made available to you over the FSP Platform under the FSP Program by a Content Partner. For the purposes of these Terms of Service, a “Content Partner/Seller” shall mean any entity authorized by EdCast to make Content available to Subscribers over the FSP Platform in connection with the FSP Program. You may pay for the Content by using a credit card or other authorized forms of payment.
- “Assessment” shall mean paid assessments in the form of an assignment, quiz, exercise or such other form of assessment carried out by NASSCOM/SSC NASSCOM, through its empanelled Assessment Agencies, on the FSP Platform for assessing Subscribers, with respect to Foundation, Bridge or Deep Skilling courses or such other Content as may be necessary under the FSP Program and providing relevant certification to Subscribers based on the outcome of such assessments. For the purposes of this Terms of Service, the term “Assessment Agencies” shall mean the formalized pan India articulation established and empanelled by SSC NASSCOM and GoI to conduct the Assessments.
- Incentive Schemes. In the event that you are eligible or qualify for government incentives or wish to avail benefits under any incentive schemes rolled out by the GoI, it is hereby clarified the terms and conditions governing such schemes will not fall under the purview of these Terms and instead shall be governed by a separate agreement.
- Refund Policy. Once you subscribe to and access the FSP Platform and Services thereof and make the required payment for purchasing the Content, such purchase shall be deemed final. While the FSP Platform and the Services are compliant with the Consumer Protection (E-Commerce Rules) 2020, it is hereby clarified that FSP Program and the FSP Platform does not support a refund policy. The Content offered on FSP Platform is digital, personal and non-transferable in nature, intended to be consumed only by the designated end-user.
You agree to indemnify, defend, and hold EdCast and NASSCOM and their officers, employees, managers, directors, customers, and agents (the “Indemnitees”) harmless from and against any and all costs, liabilities, losses and expenses (including but not limited to reasonable attorneys’ fees) resulting from any claim, suit, action, demand or proceeding brought by any third party against EdCast, NASSCOM and their Indemnitees arising from any of the following: (i) a breach of this Agreement; (ii) the negligence, fraud, or willful misconduct of you, your agents, or contractors; (iii) incorrect information provided by you in your account or elsewhere; or (iv) a failure by you or your agents, contractors, or invitees to comply with applicable laws and regulations.
Your access to and use of the FSP Platform, Website, and the App or any Content is at your own risk. You understand and agree that the FSP Platform, Website, and the App are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We make no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the FSP Platform, Website, or the App or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the FSP Platform, Website, or the App or any content; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by the FSP Platform, Website, or the App; and (iv) whether the FSP Platform, Website, or the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from us or through the FSP Platform, Website, or the App, will create any warranty or representation not expressly made herein.
EDCAST AND/OR NASSCOM DO NOT REVIEW, VERIFY, REVISE, ENDORSE, OR OTHERWISE APPROVE ANY CONTENT UPLOADED BY THE USERS, AND COMMUNICATED TO THIRD PARTIES VIA THE WEBSITE, APP, OR PLATFORM, BUT EDCAST WILL REMOVE ANY CONTENT THAT VIOLATES ANY LAWS OR THIS AGREEMENT. UNDER NO CIRCUMSTANCES WILL EDCAST AND/OR NASSCOM BE LIABLE IN ANY WAY FOR ANY CONTENT POSTED BY THE USERS, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF SUCH CONTENT. THE CONTENT IS SOLELY CREATED BY THE USERS, AND EDCAST AND NASSCOM SPECIFICALLY DISCLAIM ANY AND ALL ROLE WHATSOEVER WITH RESPECT TO THE CREATION OR POSTING OF SUCH CONTENT.
15. LIMITATION OF LIABILITY
You acknowledge and agree that, in no event will EdCast and/or NASSCOM be liable to you or any third party for any indirect, punitive, exemplary, incidental, special, or consequential damages whether in contract, tort (including negligence), or otherwise arising out of this Agreement, or the use of, or the inability to use, the Services, Website, App, or FSP Platform, including, without limitation, any information made available through the Website, App, or FSP Platform pursuant to this Agreement. In the event the foregoing limitation of liability is determined by a court of competent jurisdiction to be unenforceable, then the maximum liability for all claims of every kind will not exceed Indian Rupees One Thousand (INR 1000/-) to be borne solely by EdCast. The foregoing limitation of liability will cover, without limitation, any technical malfunction, computer error or loss of data, and any other injury arising from the use of the Services, Website, App, or FSP Platform. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. To the extent that EdCast and/or NASSCOM may not disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of EdCast and/or NASSCOM’s liability will be the minimum permitted under applicable law.
17. ASSIGNMENT AND TRANSFER OF CONTENT
This Agreement is only for your benefit. You shall have no right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void. You may not transfer any Content to any other person. Transfer of any such Content will be considered a breach of these Terms of Service and may be a violation of the law. We may terminate your access to the FSP Platform, FSP Program, or any Content. Breach of this Section 16 may subject you to substantial fines.
We reserve the right, at our sole discretion, to change or modify this Agreement at any time. In the event, we modify the terms of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. We will inform you about the modifications via email, on the FSP Platform, Website, and the App by posting a modified version of this page, or by a comparable means within a reasonable time period. Your continued use of the FSP Platform, Website, or the App shall constitute your consent to such changes.
19. RELATIONSHIP OF PARTIES
The Parties hereto are independent contractors, and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting Parties. The Parties shall not be construed as being partners, joint ventures, shareholders, employer/employee, or agent/servant. The User has no power or authority to bind EdCast or NASSCOM to any obligation, agreement, debt or liability. The User/Subscriber shall not hold itself out as an agent or representative of EdCast or NASSCOM.
20. GOVERNING LAW
21. DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH EDCAST AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Binding Arbitration
- The Indian Arbitration and Conciliation Act, 1996
Any Dispute shall be referred to the arbitration, of a sole arbitrator appointed mutually. The arbitration shall be subject to the Arbitration and Conciliation Act, 1996 as may be amended from time to time. The seat and venue of arbitration shall be Delhi, India and unless otherwise determined by the arbitrator, each party should bear its own arbitration costs. The proceedings shall be undertaken in English. The arbitration award shall be final and binding on the parties.