Terms of Service
WIN Foundation reserves the right to modify these TOS at any time without advance notice. Any changes to these TOS will be effective immediately upon posting on this page, with an updated effective date. By accessing the Site after any changes have been made, you signify your agreement on a prospective basis to the modified TOS and all of the changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these TOS.
INTRODUCTION TO SKILLINGTOWIN.ORG
SkillingtoWin.org provides a platform to enable Skilling/Education partners (referred to as “Partners” in rest of the document), to offer online or blended online/offline skilling courses and programs, aimed at promoting grass root skilling among communities in rural, tribal and urban-slum areas, to improve their quality of life and livelihoods. The Partners may include skill development organizations, NGOs, Institutions, individual skilling professionals, or any such organization capable and willing to offer such courses or programs. WIN Foundation together with Partners are referred to as “Members” in rest of the document.
The courses or programs may include opportunities for instructor-to-learner and student-to-learner interactivity, individual assessment of a student's work. The Skilling/Education Partners may offer achievement certificates to students.
RULES FOR ONLINE CONDUCT
You agree that you are responsible for your own use of the Site and for your User Postings. "User Postings" include all content submitted, posted, published or distributed on the Site by you or other users of the Site, including but not limited to all forum posts, wiki edits, notes, questions, comments, videos and file uploads. You agree that you will use the Site in compliance with these TOS, the Honor Code and all applicable local, state, national and international laws, rules and regulations, including copyright laws, and any laws regarding the transmission of technical data exported from your country of residence.
As a condition of your use of this site and its services, you will not use the Site in any manner intended to damage, disable, overburden or impair any skillingtowin.org server or the network(s) connected to this server or to interfere with any other party's use and enjoyment of the Site. You may not attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to this site and its server through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information stored on the Site, its servers or associated computers through any means not intentionally made available through the Site.
THE FOLLOWING LIST OF ITEMS IS STRICTLY PROHIBITED ON THE SITE:
- Content that defames, harasses or threatens others, including but not limited to any gender, religion, caste, race or any such identifiable group
- Content that discusses illegal activities with the intent to commit them;
- Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
- Profane, pornographic, obscene, indecent or unlawful content;
- Advertising or any form of commercial solicitation;
- Content related to partisan political activities;
- Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware or any other similar software that may damage the operation of another's computer or property; and
- Content that contains intentionally inaccurate information or that is posted with the intent of misleading others.
Furthermore, you agree not to scrape, or otherwise download in bulk, any Site content, including but not limited to a list or directory of users on the system, on-line textbooks, User Postings or user information. You agree not to misrepresent or attempt to misrepresent your identity while using the Site (although you are welcome and encouraged to use an anonymous username in the forums and to act in a manner that keeps your identity concealed).
USER ACCOUNTS AND AUTHORITY
In order to participate fully in Site activities, you must provide your name, an email address and a user password in order to create a user account ("User Account"). You agree that you will never divulge or share access or access information for your User Account with any third party for any reason. In setting up your User Account, or to register for specific courses, you may be prompted to enter additional optional information (e.g., your address). You represent that all information provided by you is accurate and current. You agree to maintain and update your information to keep it accurate and current.
YOUR RIGHT TO USE CONTENT ON THE SITE
Unless indicated as being in the public domain, the content on the Site is protected by Indian and foreign copyright laws. Unless otherwise expressly stated on the Site, the texts, exams, video, images and other instructional materials provided with the courses offered on this Site are for your personal use in connection with those courses only.
Certain reference documents, digital textbooks, articles and other information on the Site are used with the permission of third parties, and use of that information is subject to certain rules and conditions, which will be posted along with the information. By using this Site you agree to abide by all such rules and conditions.
You agree to retain all copyright and other notices on any content you obtain from the Site. All rights in the Site and its content, if not expressly granted, are reserved.
User Postings Representations and Warranties. By submitting or distributing your User Postings, you affirm, represent and warrant (1) that you have the necessary rights, licenses, consents and/or permissions to reproduce and publish the User Postings and to authorize SkillingtoWin.org and its users to reproduce, modify, publish and otherwise use and distribute your User Postings in a manner consistent with the licenses granted by you below, and (2) that neither your submission of your User Postings nor the exercise of the licenses granted below will infringe or violate the rights of any third party. You, and not WIN Foundation, are solely responsible for your User Postings and the consequences of posting or publishing them.
License Grant to WIN Foundation. By submitting or distributing your User Postings, you hereby grant to WIN Foundation a worldwide, non-exclusive, transferable, assignable, sub licensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, re-distribute, relicense and otherwise use, make available and exploit your User Postings, in whole or in part, in any form and in any media formats and through any media channels (now known or hereafter developed).
License Grant to SkillingtoWin.org Users. By submitting or distributing your User Postings, you hereby grant to each user of the Site a non-exclusive license to access and use your User Postings in connection with their use of the Site for their own personal purposes.
Generally. WIN Foundation and the Skilling/Education providing courses on the Site (collectively, the "Members") may offer a certificate of achievement or other acknowledgment (a "Certificate") for students who, in their judgment, have satisfactorily demonstrated mastery of the course material. The decision whether a Certificate will be awarded to a given student will be solely within the discretion of the awarding Member. WIN Foundation and/or the Members providing courses on the Site may choose not to offer a Certificate for some courses.
WIN Foundation expressly declares that it does not provide any formal degree programs and expressly declares that it is not hold any government accreditation for any formal education programs.
Some Members may have formal recognition from related accreditation bodies or government bodies, for their programs. However, the courses or programs offered on this site may not offer any formally recognised certificates, unless specifically stated by such members, including information on how the courses, individually, or together with other courses taught by the member through this site or other means, complete the requirements of such formally recognized certificate or degree programs. WIN Foundation does not undertake any responsibility for certificates.
Registration and Payment. Subject to the foregoing, you may be required to pay a fee to receive a voucher to obtain a Certificate of Achievement (a “Certificate”) with respect to certain courses on the Site, in which case, the following processes and requirements shall apply:
- The processing of your payment information is done by WIN Foundation in collaboration with an authorized online payment service provider.
- Once your payment transaction is completed, you will receive a voucher which can be used to obtain a Certificate. You will also receive a confirmation email with your name, order number and the payment amount.
No Other Enrollment. When you take a course through SkillingtoWin.org, you will not, by virtue of merely taking or completing a course or set of courses through skillingtowin.org, automatically become an applicant for admission to, or enrolled in, any degree program of the Member. You will not be entitled to use any of the resources of the Member beyond the online courses provided on the Site, nor will you be eligible to receive student privileges or benefits provided to students enrolled in degree programs of the Member. Any such enrolment or privileges will be governed purely by Member’s policies related to those programs.
The Member Organization providing certificate may, at its own discretion, ask for self-attested copy of your approved identity to issue certificate.
Use of WIN Foundation, and Member Names, Trademarks and Service Marks. The "WIN Foundation," name, logo and seal are trademarks ("Trademarks") of the entity. Likewise, the names, logos, and seals of the other Members are Trademarks owned by the respective Member. You may not use any of these Trademarks, or any variations thereof, without the owner's prior written consent. You may not use any of these Trademarks, or any variations thereof, for promotional purposes, or in any way that deliberately or inadvertently claims, suggests or, in these institutions' sole judgment, gives the appearance or impression of a relationship with or endorsement by these institutions.
All Trademarks not owned by WIN Foundation or the Members that appear on the Site or on or through the services made available on or through the Site, if any, are the property of their respective owners.
Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the owner of the applicable Trademark.
DISCLAIMERS OF WARRANTY / LIMITATIONS OF LIABILITIES
THE SITE AND ANY INFORMATION, CONTENT OR SERVICES MADE AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, EXCEPT INSOFAR AS ANY SUCH IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW.
WIN FOUNDATION AND THE PARTNERS DO NOT WARRANT THAT THE SITE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER, THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE COURSES OR CONTENT PROVIDED WILL MEET YOUR NEEDS OR EXPECTATIONS. WIN FOUNDATION AND THE PARTNERS ALSO MAKE NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY OF THE SITE OR ANY COURSES OR CONTENT, OR THAT ANY PARTICULAR COURSES OR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. PARTNER MEMBERS MEANS THE ENTITIES PROVIDING INFORMATION, COURSES, CONTENT OR SERVICES FOR THE SITE, THE COURSE INSTRUCTORS AND THEIR STAFFS.
User Postings Disclaimer. You understand that when using the Site, you will be exposed to User Postings from a variety of sources and that neither WIN Foundation nor the Partners, or other Participants are responsible for the accuracy, usefulness, reliability or intellectual property rights of or relating to such User Postings. You further understand and acknowledge that you may be exposed to User Postings that are inaccurate, offensive, defamatory, indecent or objectionable and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against WIN Foundation or PARTNERS with respect thereto. Neither WIN Foundation nor any of the PARTNERS endorse any User Postings or any opinion, recommendation or advice expressed therein. Neither WIN Foundation nor any of the PARTNERS have any obligation to monitor any User Postings or any other user communications through the Site.
However, WIN Foundation reserves the right to review User Postings and to exercise its sole discretion to edit or remove, in whole or in part, any User Posting at any time and for any reason, or to allow the WIN Foundation Participants to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that a User Posting allegedly does not conform to these TOS, WIN Foundation may investigate the allegation and determine, at its sole discretion whether to remove the User Posting, and take action against such Users who violate the policies, which it reserves the right to do at any time and without notice.
Links to Other Sites. The Site may include hyperlinks to sites maintained or controlled by others. WIN Foundation and the PARTNERS are not responsible for and do not routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. If you decide to access linked third-party websites, you do so at your own risk.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER WIN FOUNDATION NOR ANY OF THE PARTNERS WILL BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE, OR YOUR (OR ANY THIRD PARTY'S) USE OF OR INABILITY TO USE THE SITE, OR YOUR PLACEMENT OF CONTENT ON THE SITE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SITE, WHETHER YOUR CLAIM IS BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW.
IN PARTICULAR, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WIN FOUNDATION NOR ANY OF THE PARTNERS WILL HAVE ANY LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE AND WHETHER OR NOT WIN FOUNDATION OR ANY OF THE PARTNERS HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF PROFITS, LOSS OF DATA OR INTERRUPTION IN AVAILABILITY OF DATA).
You agree to defend, hold harmless and indemnify WIN Foundation and the PARTNERS, and their respective subsidiaries, affiliates, officers, faculty, students, fellows, governing board members, agents and employees from and against any third-party claims, actions or demands arising out of, resulting from or in any way related to your use of the Site, including any liability or expense arising from any and all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, WIN Foundation or one of the Partners will provide you with written notice of such claim, suit or action.
Termination Rights; Discontinuation of Courses and Content. You agree that WIN Foundation, in its sole discretion, may terminate your use of the Site or your participation in it, for any reason or no reason, upon notice to you. It is WIN Foundation's policy to terminate in appropriate circumstances the accounts of users of the Site who are repeat copyright infringers, or violate other terms of using this site. WIN Foundation and its Partners reserve the right at any time in their sole discretion to cancel, delay, reschedule or alter the format of any course offered through this site, or to cease providing any part or all of the Site content or related services, and you agree that neither WIN Foundation nor PARTNERS will have any liability to you for such an action. If you no longer desire to participate in the Site, you may terminate your participation at any time. The rights granted to you hereunder will terminate upon any termination of your right to use the Site, but the other provisions of these TOS will survive any such termination.
Waiver and Severability of TOS. The failure of WIN Foundation to exercise or enforce any right or provision of these TOS shall not constitute a waiver of such right or provision. If any provision of these TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of these TOS shall remain in full force and effect.
Choice of Law/Forum Selection. You agree that these TOS and any claim or dispute arising out of or relating to these TOS or any content or service obtained from or through the Site will be governed by the laws of the Republic of India, under jurisdiction of courts at Ahmedabad, Gujarat. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).
Effective Date: April 12, 2021.