1. Acceptance of Terms
By accessing or using the APSN Skillup website (the “Site”) and its associated services, applications, content, and functionality (collectively, the “Service”), operated by APSN Skilling LLP (“we,” “us,” or “our”), you (“User,” “you,” or “your”) agree to be bound by these Terms of Service (“Terms”). If you do not agree to all these Terms, do not access or use the Service. Your continued use constitutes acceptance of any revised Terms.
2. Definitions
- Content: All materials (text, graphics, videos, audio, code, software, data, etc.) available through the Service, including User Content and Platform Content.
- Platform Content: Content provided by us or our licensors.
- User Content: Content uploaded, submitted, posted, transmitted, or otherwise made available by Users.
- Instructor: A User authorized to create and deliver courses or educational content via the Service.
- Learner: A User accessing the Service primarily to participate in courses or learning activities.
- Account: The unique login credentials and associated profile enabling access to the Service.
3. Eligibility & Account Registration
- You must be at least 16 years old to use the Service. If under 18, you confirm you have parental/guardian consent.
- You agree to provide accurate, current, and complete information during registration and keep it updated.
- You are responsible for maintaining the confidentiality of your Account credentials and all activities under your Account. Notify us immediately of any unauthorized use.
- You may not share your Account or transfer it to another person.
4. Access & License
- Subject to compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended educational purposes.
- This license does not permit resale, commercial use (except for authorized Instructors selling courses), modification, distribution, or creation of derivative works without our express written permission.
5. User Obligations & Acceptable Use
You agree NOT to use the Service to:
- Violate any applicable law, regulation, or third-party rights.
- Post, upload, or transmit unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, hateful, or racially/ethnically offensive Content.
- Impersonate any person or entity, or misrepresent your affiliation.
- Interfere with or disrupt the Service, servers, or networks connected to the Service.
- Transmit viruses, malware, or any code of a destructive nature.
- Use any data mining, robots, or similar data gathering/extraction tools.
- Circumvent security features or attempt unauthorized access to any part of the Service, other Accounts, or our systems/networks.
- Solicit personal information from minors.
- Engage in fraudulent activities.
- Infringe any intellectual property rights.
- Use the Service for any purpose not explicitly permitted.
6. User Content
- Responsibility: You retain ownership of your User Content, but you are solely responsible for it. You represent and warrant you have all necessary rights to submit it and that it complies with these Terms.
- License to Us: By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purpose of operating, providing, promoting, and improving the Service.
- Instructor Content: Specific terms regarding course ownership, pricing, and revenue sharing should be detailed separately.
- Prohibited Content: We reserve the right to remove any User Content violating these Terms without notice.
- Backups: You are responsible for backing up your User Content. We are not a backup service.
7. Platform Content & Intellectual Property
- All Platform Content, the Service itself, and its underlying technology are our property or the property of our licensors and protected by law.
- Except for the limited license granted, you may not copy, modify, distribute, sell, or lease any part of the Platform Content or Service without prior written consent.
8. Payments, Refunds & Taxes
- Fees: Some features require payment. All fees are non-refundable. There will be no refund policy in place. In case of any issue, please contact admin@apsnskillup.com.
- Payment Processing: Payments are processed by third-party providers. You agree to their terms and policies.
- Taxes: You are responsible for any applicable taxes.
- Price Changes: We may modify fees without affecting existing purchases.
9. Termination
- By You: You may stop using the Service at any time.
- By Us: We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms, misuse the content, fail to make required payments, or if such action is reasonably necessary to protect the Service, our content, other users, or our legal obligations.
- Effect of Termination: Upon termination, your right to access the Service and the licensed educational content will immediately cease. No refunds will be provided except where required by law. We are not obligated to retain any user data following termination, subject to applicable law. Any provisions that by their nature should survive termination—including intellectual property rights, payment obligations, disclaimers, limitation of liability, and governing law—will survive termination.
10. Disclaimers
The Service and all content are provided “as is” without warranties of any kind. We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement. Your use of the Service is at your sole risk.
11. Limitation of Liability
To the maximum extent permitted by law, APSN Skilling LLP shall not be liable for any indirect, incidental, special, or consequential damages. Our total liability shall not exceed the greater of $100 or the amount you paid us in the six months preceding the claim.
12. Indemnification
You agree to defend, indemnify, and hold harmless APSN Skilling LLP from any claims arising from your use of the Service, violation of these Terms, or infringement of rights.
13. Dispute Resolution & Governing Law
- Governing Law: These Terms are governed by the laws of India.
- Informal Resolution: You agree to attempt informal resolution by contacting admin@apsnskillup.com
- Arbitration: Disputes will be resolved by binding arbitration in India.
- Exceptions: We may seek injunctive relief in court for IP issues.
14. Privacy
Your use of the Service is subject to our Privacy Policy, which explains how we collect, use, and share your information.
15. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and us.
- Amendments: We may modify these Terms with notice.
- Severability: If any provision is invalid, the rest remain in effect.
- Waiver: Our failure to enforce any right is not a waiver.
- Assignment: You may not assign these Terms without our consent.
- Notices: Notices may be sent via email or posted on the Service.
- Third-Party Links: We are not responsible for third-party content.
- Force Majeure: We are not liable for events beyond our control.
16. Refund Policy
- All purchases made on the Service are final and non-refundable. We do not offer refunds for completed or partially used courses, subscriptions, or digital content.
- However, in exceptional circumstances—such as technical issues, duplicate payments, or errors directly attributable to us—we may, at our sole discretion, issue a refund or credit. Any such refund will be evaluated on a case-by-case basis and does not create an obligation to provide refunds in the future.
- Refunds, if approved, will be processed through the original payment method and may take a reasonable time to reflect depending on the payment provider.
17. Privacy and Third-Party Services
- We may use third-party learning management systems and service providers to deliver the Service. Your use of such third-party platforms may be subject to their own terms and privacy policies.
- We collect and process personal information in accordance with our Privacy Policy. We are not responsible for the practices of third-party platforms beyond our reasonable control.
18. Intellectual Property
- All content and materials made available through the Service, including but not limited to courses, videos, text, graphics, documents, assessments, recordings, live or recorded sessions, logos, and trademarks (“Content”), are owned by us or our licensors and are protected by applicable intellectual property laws.
- Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Content solely for your personal, non-commercial educational purposes.
- You may not copy, reproduce, modify, distribute, transmit, display, perform, sell, license, sublicense, rent, lease, share, record, screenshot, download, or otherwise exploit any Content, in whole or in part.
- Recording, screen-capturing, or redistributing any live or recorded classes or sessions is strictly prohibited.
- All rights not expressly granted to you are reserved by us. Any unauthorized use of the Content may result in immediate termination of access and legal action.