END USER TERMS GOVERNING SERVICES OF "SIKABLE"
Date: Activates upon registration
1.1. "Sikable" is a registered trademark of Jupytech International, a firm registered as per the relevant laws of Nepal, having its registered office at Lalitpur District, Lalitpur Metropolitan City Ward No.3.
1.2. Sikable.com is a deceptively simple yet robust online marketplace that allows learners and seekers to securely connect with the experts, from multiple fields of their interest and provide other professional consultation service to the users. On the other hand, it gives additional income opportunities to people with skills (Instructors) and professional consultants, who are willing to spare a couple of hours a day on the Sikable platform. The collaborators on this platform are able to create a face to face video conference schedules, content, both in text and visual, are able to sell the digital copy of it online.
1.3. Sikable’s mission is to improve lives through learning and providing easy access to professional consultation service. We enable anyone (instructors) and businesses anywhere to create and share educational, skill development and or vocational courses/ consultations, classes and contents and for anyone (students) to enroll in these educational courses to learn (students). Thus, imbibing a true spirit of "anyone can teach and learn". We host online webinars or ticketed online events for the user. Also, we connect various professional consultants with the user to provide easy access to their consultation services.
1.4. Sikable intends to disrupt the brick & mortar ways of learning in Nepal. It is the only online open-market platform connecting industry wide experts to learners in Nepal.
1.4.1. In addition to the prevalent laws and regulations of the Government of Nepal which is applicable to our services, we need additional terms to keep our platform and services safe for you, us and our student, experts and professional community. Hence, these Terms apply to all your activities on the Sikable website, the Sikable mobile applications and other related services (“Services”).We reserve the right to change these Terms of Service or to impose new conditions on use of the services, from time to time, in which case we will post the revised Terms of Services in our platform.
1.5. If you would want to teach or publish a course or want to provide professional consultation service through the Sikable platform, you must also agree to the Instructor's and Consultation’s Terms.
2. Requirement of an Online Account at Sikable
2.1. You need an account for most activities on our platform. Keep your password somewhere safe, because you’re responsible for all activity associated with your account. If you suspect someone else is using your account, let us know by contacting us in the designated address provided below.
2.2. You must have reached the age of consent for online services in your country to use Sikable.
2.3. You need an account for most activities on our platform, including to purchase and enroll in a class created by the instructor or to submit a course for teaching or publication or access consultation services.
2.4. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address.
2.5. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password.
2.6. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.
2.7. You may not share your account login credentials with anyone else. You are responsible for what happens with your account and Sikable will not intervene in disputes between students or instructors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting us in the designated address. We may request some information from you to confirm that you are indeed the owner of your account.
2.8. Students and instructors must be at least 18 years of age to create an account on Sikable and use the Services. If you are younger than 18, you may not set up an account and we encourage you to invite a parent or guardian to open an account and help you enroll in courses that are appropriate for you. If you are below this age of consent to use online services, you may not create a Sikable account. If we discover that you have created an account that violates these rules, we will terminate your account.
2.9. Under our Instructor Terms, you may be requested to verify your identity before you are authorized to submit a course for publication on Sikable.
3. Course Enrollment and Consultation service at Sikable
3.1. When you enroll in a class or create an account to get professional services you get a license from us to view it via the Sikable Services and no other use. Do not try to transfer or resell any materials in any way. We grant you an access license, except when we must disable the course because of legal or policy reasons.
3.2. Under our Instructor Terms, when instructors create a class or upload any intellectual properties on Sikable, they grant Sikable a license to offer a license to the products to students. This means that we have the right to sublicense the products to the students who enroll in your created sessions or purchase access to the products.
3.3. As a student and as a user, when you enroll in a class or register to get access to professional consultation services whether it’s a free or paid course or services, you are getting a license from Sikable to view the course via the Sikable platform and Services, and Sikable is the licensor of record.
3.4. Courses are licensed, and not sold, to you.
3.5. This license does not give you any right to resell the course or advice in any manner (including but not limited to sharing account information with a purchaser or illegally downloading the course and sharing it on any other sites).
3.6. In legal, more complete terms, Sikable grants you (as a user) a limited, non-exclusive, non-transferable license to access and attend the classes and view the intellectual documents and videos and associated content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with a particular courses or feature of our Services. All other uses are expressly prohibited.
3.7. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any course unless we give you explicit permission to do so in a written agreement signed by a Sikable authorized representative.
3.8. We normally give a general access license to our students when they enroll in a class or purchases a product However, we reserve the right to revoke any license to access and use the products or attend classes at any point in time in the event where we decide or are obligated to disable access to a course due to legal or policy reasons, for example, if the course you enrolled in is the object of a copyright complaint, or if we determine its content violates our terms.
3.9. Instructors may not grant licenses or access to their classes or products to students directly, and any such direct license shall be null and void and a violation of these Terms.
4. Payments and Credits
4.1. Any payments required to enroll in a class or get any professional consultation service can be done through the online integrated payment options provided by the platform. (Please follow the link to learn further on our payment and pricing policy <Insert link here.>).
4.2. Upon the receiving the payment, a confirmation message will be forwarded to the user’s mobile number and email address. After the confirmation message the user can join the program.
4.3. In case after the payment the class is cancelled by the instructor or the user, we provide an option of rescheduling the cancelled class.
5. Pricing & Payments
5.1. You agree to pay the fees for courses that you purchase, and you authorize us to charge using any of the payment platform mentioned in the link below.(Any payment can be made online through use of the integrated payment services like eSewa, Khalti, online banking or Fonepay)
5.2. When you make a purchase, you agree not to use an invalid, illegal or unauthorized payment method.
5.3. If your payment method fails and you still get access to the course you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us.
5.4. We reserve the right to disable access to any course for which we have not received adequate payment.
6. Refunds and Refund Credits
6.1. If the classes or consultancy services you purchased is not what you were expecting, you can apply a refund to your account. However, we reserve the right to deny any refund based on the fact that you would have learnt more about the class during the first class which is free.
6.2. After the payment, if the user wants to withdraw from the class, any withdrawal within 2 hours of the payment are fully refunded and only the transaction cost is deducted. If the user withdraws after 2 hours and within 12 hours from the time of payment or start of class, the user can either refund a certain percentage or can reschedule their class.
6.3. If the user desires to withdraw after 12 hours from the time of payment or start of class, the user can either refund 50% of the paid amount or can reschedule their class.
6.4. We reserve the right to apply your refund as a refund credit or a refund to your original payment method, at our discretion.
6.5. Instructors agree that students have the right to receive these refunds.
6.6. At our discretion, if we believe you are abusing our refund policy, such as if you’ve consumed a significant portion of a course that you want to refund or if you’ve previously refunded a course, we reserve the right to deny your refund, ban your account, and/or restrict all future use of the Services.
6.7. If we ban your account or disable your access to a course due to your violation of these Terms, you will not be eligible to receive a refund.
7. Content and Behavior Rules
7.1. You can only use Sikable for lawful purposes. You’re responsible for all the content that you post on our platform.
7.2. You should keep the reviews, questions, posts, documents, videos and other content you upload in line with our terms, policies and the law, and respect the intellectual property rights of others.
7.3. We can ban your account for repeated or major offenses.
7.4. If you think someone is infringing your copyright on our platform, let us know.
7.5. You may not access or use the Services or create an account for unlawful purposes.
7.6. Your use of the Services and behavior on our platform must comply with applicable laws and/ or regulations of Nepal.
7.7. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.
7.8. You may not be able to access our services beyond the territorial jurisdiction of Nepal or any authorized jurisdictions.
7.9. If you are an instructor, you can submit documents and videos and create online face to face live sessions through our video conferencing and you can also communicate with the students who have enrolled in your courses. In both cases, you must abide by the law and respect the rights of others: you cannot post any course, question, answer, review or other content that violates applicable law. You are solely responsible for any classes content or services received from the consultation, and any actions you post or take via the platform and Services and their consequences.
7.10. As an instructor or student, you are not allowed to exchange your personal information such as phone numbers, email address intending to solicit and/or take the business outside of the platform. Sikable reserves the right to monitor your automatically recorded sessions and conversations. If found, Sikable reserves the right to ban you from the platform and pursue legal proceedings against you for breach of this term.
7.11. Make sure you understand all the copyright restrictions set forth by law before you submit any course or content for publication on Sikable.
7.12. If we are put on notice that your classes/course or content or consultation services violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our terms and policy or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform without any intimation.
7.13. Sikable has discretion in enforcing these Terms. We may terminate or suspend your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, or if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion.
7.14. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.
7.15. If one of our instructors has published a course that infringes your copyright or trademark rights, please let us know. Our Instructor Terms require our instructors to follow the law and respect the intellectual property rights of others.
8. Sikable’s Rights to Content You Post
8.1. You retain ownership of content you post to our platform, including your courses. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.
8.2. The content you post as a student or instructor (including courses) remains yours. By posting courses and other content, you allow Sikable to reuse and share it but you do not lose any ownership rights you may have over your content.
8.3. When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize Sikable to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.
8.4. In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed).
9. Using Sikable at Your Own Risk
9.1. Anyone can use Sikable to create and publish courses and instructors, or provide professional consultation service and we enable instructors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use Sikable at your own risk.
9.2. Our platform model means we do not review or edit the courses for legal issues, and we are not in a position to determine the legality of course content or the professional advice or services. We do not exercise any editorial control over the courses or the consultation services exchanged and are available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the courses or the services. If you enroll in a course or use the professional services, you rely on any information provided by an instructor or consultant at your own risk.
9.3. By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. Sikable has no responsibility to keep such content from you and no liability for your access or enrollment in any course or services, to the extent permissible under applicable law. This also applies to any courses or consultant services relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of courses or consultant services, and by enrolling in such courses or consultant services you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your enrollment in a course or consultant services.
9.4. When you interact directly with a student or an instructor or consultant , you must be careful about the types of personal information that you share. While we restrict the types of information instructors or consultants may request from students, we do not control what students and instructors or consultants do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.
9.5. We do not hire or employ instructors or consultants nor are we responsible or liable for any interactions involved between instructors and students or consultant and user. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of instructors or consultants or students.
9.6. When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.
10. Intellectual Property
10.1. All intellectual Property Rights in the materials, services provided by the consultation and the videos made by the Instructors or at the Taught Courses or any materials shared between business to business or business to its intended users are, and remain, the intellectual property of the content provider unless explicitly written that it is the right of Sikable, whether adapted, written for or customized for the users.
10.2. You are not authorized to :
10.2.1. Copy, modify, reproduce, re-publish, sub-license, sell, upload, broadcast, post, transmit or distribute any of the materials without prior written permission ;
10.2.2. Record on video or audio tape, relay by videophone or other means the Online Course , business conversation or consultation services given.
10.2.3. Modify, adapt, merge, translate, disassemble, decompile, reverse engineer any software forming part of the online courses and webinars sessions.
11. Sikable’s Rights
11.1. We own the Sikable platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization. All right, title, and interest in and to the Sikable platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by instructors and students) are and will remain the exclusive property of Sikable and its licensors.
11.2. Our platforms and services are protected by copyright, trademark, and other laws of both Nepal and foreign countries. Nothing gives you a right to use the Sikable name or any of the Sikable trademarks, logos, domain names, and other distinctive brand features.
11.3. Any feedback, comments, or suggestions you may provide regarding Sikable or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.
11.4. You may not do any of the following while accessing or using the Sikable platform and Services: access, tamper with, or use non-public areas of the platform (including content storage), Sikable’s computer systems, or the technical delivery systems of Sikable’s service providers. disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems. copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the Sikable platform or Services. access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions).
11.5. You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services. in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as Sikable); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.
12. Miscellaneous Legal Terms
12.1. Terms herein are like any other contract and govern the relationship between us and you.
13. Binding Agreement
13.1. You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with Sikable. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.
13.2. If you are an instructor or consultant accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.
13.3. If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.
13.4. Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.
14.1. The Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
14.2. We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will Sikable or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.
14.3. We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an epidemic or pandemic outbreak, act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.
15. Limitation of Liability
15.1. To the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance.
15.2. Any unlawful conduct by the professional consultants and/or Instructor shall be attributable to the respective consultant and/or Instructor and not to us and we shall not be liable for any indirect, incidental, punitive, or consequential damages arising out of the conduct.
15.3. Nothing in this agreement shall exclude or limit Sikable’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under Nepalese law may not be limited or excluded.
15.4. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of One Hundred Nepali Rupees (100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
16.1. You agree to indemnify, defend (if we so request), and hold harmless Sikable, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.
17. Governing Law and Jurisdiction
17.1. These Terms are governed by the laws of Federative Democratic Republic of Nepal.
17.2. Relevant courts of Nepal shall have exclusive jurisdiction over the matter of this terms/ agreement.
18.1. Any notice or other communication to be given hereunder will be in writing in following address:
18.2. Email Address- firstname.lastname@example.org.
18.3. Office Address – Jupytech International, Lalitpur District, Lalitpur Metropolitan City, Ward No. 3.
19. Relationship Between Us
19.1. You and we agree that no joint venture, partnership, employment or contractor relationship exists between us.