As an instructor, this Agreement is made between the SkillYogi (hereinafter known as TC) and yourself as the Instructor (hereinafter known as EI) on the Platform. This Agreement and Terms & Conditions (collectively known as the “Agreement”) contain the terms and conditions of Your participation in the Platform as an Instructor.
Any version of these Instructor Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.
Your access to and use of the Platform is conditioned on your acceptance of and compliance with these Terms after the Effective Date. These Terms apply to you in the capacity of an instructor.
- Definition of Terms
“Client” means a person engaging with EI on the Platform as a recipient of education services;
“Content” means all photos, illustrations, videos, documents, audio or any other material provided EI in the course of rendering its services as an instructor;
“Company” means SkillYogi and here in after shall be referred to as TC;
“Effective Date” means the date of engagement of EI;
“Instructor” means a person engaged as an independent contractor to provide educational services on Platform. Hereinafter shall be known as “EI”;
“Platform” means the education website run, maintained and owned by TC under the Domain Name SkillYogi.com and other online platforms such as Youtube, Facebook, Udemy and Other online learning platforms
“Service” means the educational service provided on the Platform;
“Submitted Content” means Content that is uploaded by EI for the purposes of the Service on the Platform; and
“You” means EI.
- Use of Service
EI agrees to only use the platform for the sole purpose to carry out the role of an instructor pursuant to client requests and the category of educational services to be provided on the Platform. Engagement with the Clients shall be on the contractual relationship TC has with the Client.
- Terms of Engagement as Instructor
- You will provide correct information and details for enrollment as an instructor on the platform. EI will also need to agree to the pricing terms which are presented to you during the course creation process;
- You will be responsible for all of Your Submitted Content. You further agree that You own or have the necessary licenses, rights, consents, and permissions, and the authority to authorize TC, to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, promote, market and otherwise use and exploit any of Your Submitted Content on and through the Services in the manner contemplated by these Instructor Terms;
- No Submitted Content shall infringe or misappropriate any intellectual property rights of a third party;
- You have the required qualifications, credentials and expertise, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services You offer on Your Course and through the Services;
- You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
- You will not record, post or otherwise transmit any unsolicited or unauthorized content that goes against the use policy of TC on the Platform.
- You will not use the Services for any business other than for providing education instruction.
- You will not engage in any activity that will require TC to obtain any licenses from or pay any royalties to any third party, including, but not limited to, the payment of royalties for the public performance of any musical works or sound recordings;
- You will not copy, modify, distribute, reverse engineer, deface, tarnish, mutilate, hack, or interfere with Company Content and/or the Services or operations thereof, except as permitted in these Instructor Terms;
- You will not frame or embed the Services in a manner to embed a free coupon version of your course or other similar functionality intended to circumvent the Services;
- You will not impersonate another person or gain unauthorized access to another person’s Account;
- Your use of the Services is subject to TC’s approval, which We may grant or deny in Our sole discretion;
- You will not introduce any viruses, worms, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services;
- You will not interfere with or otherwise prevent other Instructors from providing their services or Courses;
- You will maintain accurate Account information;
- You shall respond promptly to Students and ensure a quality of service commensurate with the standards of Your industry and instruction services in general; and
- You are over the age of 18 or, if not, you are between the ages of 13 and 17 and a third party parent or legal guardian has agreed to these Instructor Terms, as well as all other of Our terms and policies as shall be posted on Our Services from time to time, and will assume responsibility and liability for Your performance and compliance hereunder.
- Instructor Relationship
- As an instructor you agree and are engaged as an independent contractor on the platform for the duration of your engagement on the platform. At no point will you be deemed as an employee, agent or representative of TC.
- By this Agreement, you agree to engage with TC and additionally its subsidiaries, assigns, representatives or assigned agents at any point.
- EI will not have a direct contractual relationship with Students. The only information You will receive about Students is what is provided to You through the Services (“Student Related Data”). You understand and agree that You will indemnify the Company for any issues arising out of Your use of any Student Related Data.
- Liability and Limitation of Liability:
- Without prejudice to the Terms agreed herein TC, its affiliates, licensors, assignors, representatives or third-party service providers shall not be held liable for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages in provision of the service on the platform after the Effective Date arising out of or in connection with the Terms of Service, including, but not limited to:
- Your use of or your inability to use our Site or Site Services;
- Delays or disruptions in our Site or Site Services;
- Usage of additional content used by an editor to improve your final output content such as music, graphics and software viruses or other malicious software obtained by accessing, or linking to, our Site or Site Services;
- Glitches, bugs, errors, or inaccuracies of any kind in our Site or Site Services;
- Damage to your hardware device from the use of the Site or Site Services;
- The content, actions, or inactions of third parties’ use of the Site or Site Services;
- A suspension or other action taken with respect to your Account;
- Your reliance on the quality, accuracy, or reliability of job postings, Profiles, ratings,
- Recommendations, and feedback (including their content, order, and display), Composite
- Information, or metrics found on, used, or made available through the Site; and
- Your need to modify practices, content, or behavior or your loss of or inability to do business, as a result of changes to the Terms of Service.
- Additionally, the Instructor agrees to fully indemnify and hold harmless the TC, its officers and directors, employees and its affiliates and their respective successors and assigns, against any loss, liability, claim, damage and expense whatsoever (including, but not limited to, any and all expenses whatsoever reasonably incurred in investigating, preparing or defending against any litigation commenced or threatened or any claim whatsoever) arising out of or based upon any false representation or warranty or breach or failure by you to comply with any covenant or agreement made by you herein or in any other document furnished by the undersigned to any of the foregoing in connection with this transaction.
- As an Instructor, You will be paid per session/class/workshop by TC as per negotiation. You may not charge separately for any course add-ons.
- As part of Your participation with the Company, You give Us permission to share Your content, and information about You and the content and selected partners, for which You will not receive compensation.
- Payment to EI will be done as per TC payment policies
- Payment and Commissions
- So that TC can pay you in a timely manner, you must have a Personal Savings account in good standing and keep TC apprised as to the correct email address associated with you. Payment will be made within seven (7) days of the end of the week from the date of recording done for workshop/class/session. You are responsible for providing TC with all identifying and tax information necessary for the payment of amounts due.
- License to TC
Subject to the terms and conditions of this Agreement you hereby grant to TC (and its successors and assigns as permitted herein) a perpetual, non-sublicensable, non-exclusive, non-transferable (except as otherwise expressly set forth herein), enterprise-wide right and license to use, maintain, modify, enhance and create derivative works from the Content and to make as many backup copies as may be necessary. TC may exercise its rights hereunder through third party subcontractors for the sole purpose of assisting TC in its use of the Content.
- Dispute Resolution
- Any disputes arising out of or relating to these terms and conditions and general use of the Service shall be resolved by binding arbitration in accordance with the then‐current Commercial Arbitration Rules of the Indian Council of Arbitration. The parties shall select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Contract. Subject to Kolkata Jurisdiction only
- In the event the parties are unable to agree to such a selection; each party will select an arbitrator and the two arbitrators in turn shall select a third arbitrator, all three of whom shall preside jointly over the matter. Legal expenses of TC will be borne by EI
- The arbitration shall take place in Kolkata. All documents, materials, and information in the possession of each party that are in any way relevant to the dispute shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served.
- The arbitrator(s) shall not have the authority to modify any provision of this Contract or to award punitive damages. The arbitrator(s) shall have the power to issue mandatory orders and restraint orders in connection with the arbitration.
- The decision rendered by the arbitrator(s) shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any court having jurisdiction. The agreement to arbitration shall be specifically enforceable under the prevailing arbitration law.
- During the continuance of any arbitration proceedings, the parties shall continue to perform their respective obligations under these Terms and Conditions. TC’s liability shall be limited to a full refund of any fees paid for workshop/classes/sessions.
- Governing of Law
These Terms and Conditions are entered into under the laws of India and shall be construed and interpreted thereunder (without regard to its conflict of law principles).
- Privacy and Confidentiality
- EI shall hold and treat all Content provided by the Client in connection with the work in confidence and in accordance with the Non-Disclosure Agreement, and will assure the confidentiality of such content. Such content will not, without the prior written consent of the Client, be disclosed, distributed, displayed or used by EI.
- TC is not liable, and you agree not to hold us responsible for any damages or losses arising out of or in connection with any breach of confidential information on the part of the EI.
- Force Majeure
The parties will not be responsible for the failure to perform or any delay in performance of any obligation hereunder for a reasonable period due to labor disturbances, accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades, acts of government, governmental requirements and regulations or restrictions imposed by law or any other similar conditions beyond the reasonable control of such party.
Subject to the conditions set forth herein, the TC may, in its sole discretion without notice, amend this Agreement and the other Terms of Service at any time by posting a revised version on the Site.
Neither any right, remedy, obligation nor liability arising hereunder or by reason hereof shall be assignable by EI hereto without the prior written consent of the other party, and any attempt to assign any right, remedy, obligation or liability hereunder without such consent shall be void.
If any provision of these Terms and Conditions is held to be illegal, invalid or unenforceable:
- the legality, validity and enforceability of the remaining provisions of these terms and conditions shall not be affected or impaired thereby; and
- the parties shall endeavor in good faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions the economic effect of which comes as close as possible to that of the illegal, invalid or unenforceable provisions.
The invalidity of a provision in a particular jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.