SkillXprss Terms of Use

These Terms of Use are effective immediately for unregistered users and users registering accounts or otherwise acknowledging acceptance of these terms on or after the revision date. For other users who registered accounts before the revision date, it will become effective thirty (30) days after the revision date.

These Terms of Use (the "Terms") govern your access to and use of our websites, emails, and mobile applications. These Terms also include our Privacy and Cookie Policy. By accessing and using SkillXprss, you agree to comply with these Terms. If you are using SkillXprss on behalf of a company or other legal entity, then "you" also means such company or legal entity and you agree to be bound by these Terms even if we have a separate agreement with you. You may not use SkillXprss if you do not agree to the version of the Terms posted on SkillXprss at the time you access SkillXprss.

Your SkillXprss Account

SkillXprss Account. For you to create a SkillXprss account, we require that you provide a valid email address. The email you use must be one where we can reach you. If we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any use of your account. Passwords are subject to cancellation or suspension by SkillXprss at any time. When you set up an individual user account on SkillXprss, we create a member profile (a "Profile") for you that will include the personal information you provide.

Eligibility

To use the Service, you have to:

• be at least eighteen (18) years of age old and able to undertake contractual obligations;
• complete the whole registration process;
• agree to these Terms of use.
• provide authentic, complete, and latest contact and billing information.
• SkillXprss may refuse service, terminate accounts of any users, and make changes in eligibility criteria at any time.

Free Plan

Initially, you will get some basic tests for free. For pro-level tests, you have to take paid tests. SkillXprss reserves the right of making any changes in this.

Fee Changes

SkillXprss, in its own right, has the full authority to change the fee for any particular tests and courses. The subscription fee may remain valid until the new changes come into action.

Links To Other Websites

Our website may have links from other websites. However, SkillXprss does not take the onus of the changes made in those links or any terms of use or privacy policy of those websites. We strictly advise our users to go through the terms of use of those websites when you read anything from the website.

Data Protection

You acknowledge that information provided by you is in coherence with our privacy policy.

Enforcement by SkillXprss

1. Removal of Content. While SkillXprss has no obligation to do so, SkillXprss reserves the right to review and delete any Content (or portion thereof) that we believe, in our sole discretion, violates these Terms or other applicable policies posted on SkillXprss, or that we deem, in our sole discretion, inappropriate. If you see any Content on SkillXprss that you believe violates our policies, you may report that Content by clicking on an applicable link adjacent to that Content (e.g. links titled: "Inappropriate" or "Flag Review") or by contacting us here.. Once notified, we will review the Content and consider whether to remove it (or a portion thereof). Please note: Our interpretation of our policies and the decision whether or not to edit or remove Content is within our sole discretion. You understand and agree that if we choose not to remove or edit Content that you find objectionable, that decision will not constitute a violation of these Terms or any agreement we have with you.

2. Other Enforcement Actions. While we have no obligation to do so, we reserve the right to investigate and take appropriate legal action in our sole discretion against you if you violate these Terms, including without limitation: removing Content (or portions thereof) from SkillXprss; suspending your rights to use SkillXprss; terminating your membership and account; reporting you to law enforcement, regulatory authorities, or administrative bodies; and taking legal action against you.

3. Defending Our Users. While we have no obligation to do so, we reserve the right, to the fullest extent permitted by applicable law, to take appropriate action to protect the anonymity of our users against the enforcement of subpoenas or other information requests that seek a user's electronic address or identifying information.

Indemnity

You agree to defend, indemnify, and hold us and our subsidiaries and our and their respective officers, directors, board members, board advisors, employees, partners, agents successors, and assigns (collectively, the "SkillXprss Group") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees and costs, made by any third party due to or otherwise arising from your use of third party’s consent to or arising from your breach of any provision of these Terms.

Disclaimers and Limitation on Liability

The disclaimers and limitations on liability in this section apply to the maximum extent allowable under applicable law. Nothing in this section is intended to limit any rights you have which may not be lawfully limited. Any emails or email notifications corresponding with any activity on SkillXprss, the SkillXprss Messaging Service, or any other communications service, product, or feature provided on or through SkillXprss, are provided solely as a courtesy. SkillXprss disclaims all warranties about the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable. Further, if you are an employer and you posted a job posting directly on SkillXprss, applications are sent only to your SkillXprss dashboard; any other notifications you may receive are provided solely as a courtesy to you.

SkillXprss assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any job posting, career page, job solicitation, screener question, answer to screener question, resume information, or message you post, send or receive through SkillXprss or the SkillXprss Messaging Service. You are solely responsible for your interactions with advertisers and other users and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any advertiser or user of SkillXprss. We are not responsible for any incorrect, inaccurate, or unlawful Content (including any information in profiles) posted on SkillXprss, whether caused by users or by any of the equipment or programming associated with or utilized in SkillXprss. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any communication with advertisers or other users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or SkillXprss or a combination thereof, including any injury or damage to users or any person's computer related to or resulting from participation or downloading materials in connection with SkillXprss. Under no circumstances shall we be responsible for any loss or damage resulting from the use of SkillXprss or from any Content posted on SkillXprss or transmitted to users, or any interactions between users of SkillXprss, whether online or offline. SkillXprss is provided "as-is" and ‘’as available’’. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (1) SkillXprss will meet your requirements; (2) SkillXprss will be available on an uninterrupted, timely, secure, or error-free basis; or (3) the results that may be obtained from the use of SkillXprss will be accurate or reliable. You hereby release the SkillXprss Group from any claims, demands, and losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arises from (1) the actions, Content, or data of third parties (including, advertisers and other users) (2) your participation in any offline events.

Termination

These Terms remain in effect while you use SkillXprss and, for registered users, as long as your account remains open. You may delete your account at any time. We may suspend or terminate your account or your access to parts of SkillXprss, for any or no reason, without notice to you. We will have no liability whatsoever to you for any termination of your account or related deletion of your information. All provisions of these Terms shall survive termination or expiration of these Terms except those provisions granting access to or use of SkillXprss. For the avoidance of doubt, you agree that these Terms apply to your use of SkillXprss and any Content posted on SkillXprss at any time before the termination or expiration of these Terms.

Changes to Terms

We may revise these Terms from time to time by posting an updated version on SkillXprss. The revised Terms will be effective immediately for unregistered users and users registering accounts on or after the revision date. We may provide notice of changes in other circumstances as well. Any such changes will not apply to any claim brought before the effective date of the revised Terms incorporating such changes. We encourage you to periodically review this page for the latest information on our Terms. Your continued use of SkillXprss is subject to the most current effective version of these Terms.

Dispute Resolution

Please read this carefully. it affects your rights. you agree that by entering into these terms, you and SkillXprss are each waiving the right to trial by jury or to participate in a class action. you and SkillXprss agree that each may bring claims against the other only in your or its capacity, and not as a plaintiff or class member in any purported class or representative proceeding. any arbitration will take place on an individual basis; class arbitrations and class actions are not permitted.

1. Governing Law. These Terms and any claims, disputes, or other legal proceedings by or between you or us, including but not limited to any such claims or disputes that are in any way related to or arising under these Terms or your access to or use of SkillXprss, shall be governed by the laws of the State of California without giving effect to any conflict-of-laws principles that may otherwise provide for the application of the law of another jurisdiction. The parties agree that their arrangement under these Terms is in interstate commerce and that the Federal Arbitration Act applies to the construction of the "Agreement to Arbitrate" provision below. For any claim, dispute, or another legal proceeding not subject to the "Agreement to Arbitrate" provision below, the claim or dispute shall be brought and litigated exclusively in the state courts located within Marin County, California, or the federal courts in the Northern District of California, as appropriate, and you agree to submit to the personal jurisdiction of each of these courts to litigate such claims or disputes.

2. Agreement to Arbitrate. If you reside in the United States, subject to the Exceptions to Arbitration set forth below, you and SkillXprss each agree that any disputes between consumer users of SkillXprss and SkillXprss arising under or related in any way to these Terms and such users' use of SkillXprss must be resolved through binding arbitration as described in this section. With the exExceptition on class arbitrations set forth outlined minute Resolution" section, if an arbitrator or court decides that any part of this agreement to arbitrate is unenforceable, the other parts of this Agreement to Arbitrate will still apply.

3. Exceptions to Arbitration. This Agreement to Arbitrate will not apply to the following: (a) small claims court cases that qualify; (b) legal proceedings that involve efforts to obtain user-identifying information; (c) any legal proceedings brought against any of the SkillXprss Group by companies or other legal entities; or individuals acting on behalf of such companies or other legal entities; (d) any legal proceedings brought by any of the SkillXprss Group against companies or other legal entities or individuals acting on behalf of any such companies or other legal entities; and (e) a party's right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. If for some reason, the prohibition on class arbitrations outlined in this Dispute Resolution section cannot be enforced, then the entirety of this Agreement to Arbitrate will not apply. Where this Agreement to Arbitrate does not apply, the remainder of this Agreement and the Dispute Resolution section will continue to apply. Informal Dispute Resolution. If either of us intends to seek arbitration under the agreement, the party seeking arbitration must first notify the other party of the dispute in writing at least 30 days in advance of initiating the arbitration. If you have an account on SkillXprss, notices will be sent to the email address associated with your account. The notice of dispute ("Notice") must (a) describe the nature and basis of the claim or dispute, and (b) set forth the specific relief sought. If SkillXprss and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or SkillXprss may commence formal proceedings. Arbitration Procedure. The arbitration will be governed by the Bangladesh Arbitration Act 1940, if applicable, as modified by this section. Any settlement offer made by you or SkillXprss shall not be disclosed to the arbitrator. Unless otherwise required by the applicable arbitration rules, the arbitration shall be held in Dhaka, Bangladesh. For any claim where the total amount of the award sought is BDT 10,000/- or less, you and SkillXprss may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and SkillXprss subject to the arbitrator's discretion to require an in-person hearing. In cases where an in-person hearing is held, you or SkillXprss may attend by telephone, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims by the law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same SkillXprss user to the extent required by applicable law. The arbitrator's award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

4. Opt-Out Procedure. If you are a new SkillXprss user, you can choose to reject this agreement to arbitrate ("opt-out") by mailing us a written opt-out notice ("opt-out notice"). the opt-out notice must be postmarked no later than 30 days after the date you accept the SkillXprss terms of use for this first time. you must mail the opt-out notice to Ishraak Solutions,

attn: litigation department,
re: opt-out notice,
House 76 (Level 1), Road 4, Block B,
Niketan, Gulshan 1, Dhaka 1212, Bangladesh.

Changes to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, you and we agree that if we make any changes to this "Arbitration" section (other than a change to any referenced notice address or site link) in the future, that change will not apply to any claim that was filed in a legal proceeding before the effective date of the change. The change will apply to all other disputes or claims governed by this Arbitration section that have arisen or may arise between you and SkillXprss. We will notify you of changes to this Arbitration section by posting the changes on SkillXprss at least 30 days before the effective date of the changes and by email. If you do not agree to these changed terms, you may close your account within 30 days and you will not be bound by the changes.

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Others

Except as specifically stated in another agreement we have with you, these Terms constitute the entire agreement between you and us regarding the use of SkillXprss. These Terms supersede all prior proposals, negotiations, agreements, and understandings concerning the subject matter of these Terms. You represent and warrant that no person has made any promise, representation, warrant whether tex implied, not contained herein to induce you to enter this agreement. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. To the extent allowed by law, the English version of these Terms is binding, and the translations are only convenient. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with SkillXprss's prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect; as used in the Terms, the word "including" means "including but not limited to." Please contact us with any questions regarding these Terms by contacting us here.