PLATFORM USER AGREEMENT

This Agreement applies to all users on the Techchak platform (The platform) irrespective of license and intent. Customer and Techchak are parties to this agreement and any associated amendments, under which the customer obtains, performs, or executes services on the platform. Users voluntarily agree to the terms below:

1. DEFINITIONS

  • Affiliate(s): Any entity controlling, controlled by, or under common control with Techchak and/or the platform.
  • Confidential Information: All information proprietary to a party or any of its customers or agents designated as confidential, or that due to its nature is known or in good faith should be known to be confidential.
  • Product(s), if any: Any software, program, material, video, and/or work supplied by Techchak and/or the platform under this agreement.
  • Managed Services: The services to be provided by and on the platform, including, without limitation, implementation, deployment, training, security assessment, and other services.

Applicability:

This applies where users enter the platform for any reason whatsoever. This includes where Techchak processes personal data as a processor or sub-processor as applicable, on behalf of the customer. This agreement further applies with regards to any individual or business that uses the platform for any reason, including but not limited to individual or group projects, reviews, mentoring, hiring, apprenticeship, and so on.

2. MANAGED SERVICES

The Managed Services to be provided by Techchak and the platform are as follows:

  • Techchak and its platform are designed to help improve individual hireability through hands-on projects, learning communities, and mentorship.
  • The managed services require no specific hardware and its implementation using the platform, whether through the website or mobile application.
  • Project verification and knowledge sharing.
  • Individual project skill development.
  • Protection of the operating system as well as traffic to and from the server.
  • Event monitoring 24/7, providing around-the-clock response service.

Services Warranty:

Techchak warrants that its personnel performing managed services have the necessary knowledge, skills, experience, and qualification to perform the services mentioned above, and the services will be performed in a professional manner in accordance with generally accepted industry standards. If any material portion of the services does not conform to the foregoing warranty, the aggrieved party must within twenty (20) days of completion of the services notify Techchak and allow for it to re-perform the nonconforming services in a manner that is timely in light of the circumstances. Techchak is not responsible for nonconformities arising from inaccurate or incomplete data or information provided by any customer or third party, or for failures or delays arising from lack of cooperation.

Service Level:

During the period for which the applicable service fee has been paid, Techchak will provide services in accordance with its prevailing service level agreements, provided that during the initial duration of the services described, there shall be no changes to the service level agreement which diminishes the substance of such agreement without the consent of the party impacted by such change.

3. PRODUCT

Techchak's products are limited to all services provided and available on the platform, including, but not limited to, the pertinent user documentation, the periodic updates, error corrections, enhancements, and new releases or access provided on the platform. The platform is owned and operated by Techchak and/or its licensors.

License:

In consideration of the fees paid by individuals or entities, and subject to the terms and conditions of this agreement, Techchak grants in exchange for payment a nonexclusive, nontransferable license to use the platform and all related software for the specific purpose intended, and for the time period specified in any applicable order only for the paying individual and/or entity’s operations and benefit. All parties granted a license after payment must implement appropriate safeguards and controls to prevent unauthorized use of the platform and loss or disclosure of the license. A license does not grant any party the authority to copy, modify, transfer, or distribute any information, material, project, or ideas on the platform; and further does not grant the authority to sublicense, rent, lease, or use the platform in a service bureau, online or time-sharing environment.

Exclusive Remedy:

THE REMEDIES AND WARRANTIES IN THIS AGREEMENT ARE EXCLUSIVE AND REPLACE ALL OTHER REMEDIES AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

4. GENERAL PROVISIONS

Data:

Customer data, as used in this agreement, means information that is disclosed on the platform by any customer in connection with the provision of the services, and that is processed, prepared, accessed, used, aggregated, or generated, or any combination thereof, in connection with the performance of the services.

  • Customer shall comply in all material respects with all laws, regulations, rules, orders, and other requirements, now or hereafter in effect, of any governmental authority, applicable to its performance hereunder, including all Applicable Data Protection Laws.
  • As between the parties, the Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which the Customer acquired Personal Data and by which Techchak acquired Personal Data from Customer.

Customer agrees and warrants that it legally collected and is legally able to provide Customer Data to the platform in accordance with Applicable Data Protection Laws, including obtaining all appropriate consents or other valid legal bases for any processing by the platform, either as controller or processor, including all processing as described in the Agreement. For clarity, where Customer is required to obtain consent regarding the collection and processing of Customer Data, Customer represents and warrants that it shall at all times maintain and make operational a mechanism for (i) obtaining and recording such consent; and (ii) that enables such consent to be withdrawn, in accordance with Applicable Data Protection Law. Customer agrees to provide such consent records to Techchak promptly upon request.

If Techchak becomes aware of any government data demands requesting personal data contained on the platform, such as a subpoena, court order, or search warrant, then Techchak, in accordance with its policy, will immediately notify the customer of the government data demand unless such notification is legally prohibited; take all reasonable steps to ensure the validity and enforceability of any government data demand; disclose personal data only in response to a valid and enforceable demand; and to the extent of the demand, disclose the minimum amount of data to the extent it is legally required to do so and in accordance with the applicable legal process.

Payment:

Techchak 3rd party Authorized Use Policy:

This Authorized Use Policy ("Policy") outlines the acceptable and prohibited uses of the Techchak 3rd party payment gateway service provided by Techchak ("Company"). By utilizing the Techchak 3rd party payment gateway service, you agree to adhere to this Policy.

Acceptable Use:

Users are expected to use the Techchak 3rd party payment gateway service responsibly and in accordance with applicable laws and regulations. Acceptable uses include, but are not limited to:

  • Fraudulent Transactions: Initiating or facilitating transactions involving fraudulent or illegal activities, including but not limited to money laundering, identity theft, or sale of counterfeit goods.
  • Unauthorised Access: Attempting to access or circumvent security measures of the Techchak 3rd party payment gateway service without proper authorization.
  • Phishing: Engaging in phishing activities to obtain sensitive payment information from customers or other users of the Techchak 3rd party payment gateway service.
  • Prohibited Goods or Services: Processing transactions for goods or services that are illegal, prohibited by law, or violate Techchak 3rd party's Acceptable Use Policy.
  • High-Risk Activities: Engaging in activities that pose a high risk of financial loss, such as gambling, pyramid schemes, or speculative investments.
  • Abuse of Dispute Resolution: Misusing Techchak 3rd party's dispute resolution process, including filing false or frivolous claims or chargebacks.
  • Violation of Intellectual Property Rights: Infringing upon the intellectual property rights of others, including copyrights, trademarks, or patents.
  • Misrepresentation: Providing false or misleading information to Techchak 3rd party or its users, including misrepresenting the nature of goods or services being offered.
  • Excessive Chargebacks: Experiencing a high volume of chargebacks or disputes, indicating potential fraudulent or deceptive practices.
  • Violation of Laws and Regulations: Engaging in any activities that violate applicable laws, regulations, or industry standards.

Enforcement:

Company reserves the right to investigate and take appropriate action against any user found to be in violation of this Policy. Such actions may include suspension or termination of access to the Techchak 3rd party payment gateway service, as well as legal recourse if necessary.

By using the Techchak 3rd party payment gateway service, you acknowledge that you have read, understood, and agreed to comply with this Policy. Failure to comply may result in severe consequences, including but not limited to financial liability and legal prosecution.

Other:

All undisputed amounts are due and payable at the time of the agreement and/or within 30 days of receipt of the invoice. Prices, fees, and other charges are set forth herein and are exclusive of taxes. If any authority imposes a tax, including sales, use, withholding, value-added, or other taxes, duty, levy, or fee upon products or third-party products affiliated with Techchak managed services under this agreement, the customer agrees to pay the amount as specified in the invoice or supply sufficient exemption documentation.

  • By entering card information, the customer agrees to use a valid form of payment, legally authorized for such use.
  • Customer warrants that it will not knowingly use any form of tender that is void, or resulting from fraud, or misrepresentation.
  • Customer agrees to the platform user agreement as it relates to data, storage of private, and financial information.
  • Customer authorizes the platform to store its card information for present and future billing in accordance with applicable federal and state laws.

Force Majeure:

Neither party is responsible for failure to fulfill any obligation due to causes beyond its control, provided the party seeking the benefit of this subsection uses its commercially reasonable best effort to perform.

Choice of Law:

This agreement is governed by the laws of the State of Maryland, excluding conflict of law rules. The United Nations Convention on Contracts for the International Sale of Goods and/or Services will not apply to this agreement in any capacity.

Notices:

All notices under this agreement must be in writing and will be effective when delivered by mail, email, facsimile, or any other means with confirmation of receipt, to the address specified or such other address as the parties may designate by notice from time to time.

Miscellaneous:

This agreement constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes any prior oral or written proposals, correspondence, representations, warranties, and communications, including any shrink-wrap or click-wrap terms and conditions. Techchak reserves the right to modify this agreement at any time and for any reason with or without prior notice to the users. In the event any provision of this agreement or portions thereof are held to be invalid or unenforceable, the remainder of this agreement will remain in full force and effect.