PLEASE READ THESE TERMS OF SERVICE ("Terms") CAREFULLY. THESE TERMS FORM A LEGAL AGREEMENT BETWEEN OPTSHINE DIGITECH SOLUTIONS PRIVATE LTD AND YOU. BY DOWNLOADING, INSTALLING OR OTHERWISE USING THE SERVICES, YOU ACCEPT AND AGREE TO THE TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL OR USE THE SERVICES.

DEFINITIONS:

"Application or App." shall mean OptShine, the mobile application created, developed and designed by the Company for providing the Services.

"Company" or "we" shall mean OptShine Digitech Solutions Private Limited, a company incorporated under the Companies Act, 2013 having its registered office at J2/10, TF, Khirki Extension, Malviya Nagar, Delhi - 110017, India

"Customer(s)" or "you" or "End-Users" shall mean any person who accesses, downloads, uses, views the Platform and the Services.

"Online Stores" shall mean Android Google Play, iOS App store or any other online store or portal where the App will be made available by the Company to the End-Users, from time to time.

"Platform" shall mean the App and the Website collectively.

"Services" shall mean the skills management services.

"Third Party Platforms" shall mean social networking platforms, such as Facebook, LinkedIn and other similar platforms.

“User” or “You” means any person who accesses, avails, or uses this site or the app of the Company for the purpose of hosting, publishing, sharing, transacting, displaying or uploading information or views and includes other persons jointly participating in using the site or the app of the Company.

"User Data" shall mean any data, information, documents or materials submitted with the Company prior to or during the use of the Services.

"Website" shall mean www.OptShine.com, managed and operated by the Company for the provision of Services.

1. General

1. The OptShine App is developed and designed to provide access to benefits available under various CSR/ philanthropy programs on the OptShine website and skills management solution including but not limited to identification of skills and tracking of progress. The App collects personal, family, demographic, income, and skilling details, uses them to analyze skilling requirements, and advice recommended action for upskilling and reskilling.

   This App may vary by device and medium, and functionalities may also differ between devices. This software is licensed to you pursuant to these Terms and solely for the purpose of using the OptShine App and for no other purpose whatsoever. The Company does not warrant the performance of the software, including its continuing compatibility with any device. Any unauthorized use of the application is strictly prohibited and The Company reserves the right to not provide the application (including updates) to you at any time and to discontinue the ability to access the OpsShine App through such software at any time, without prior or any notice.

2. Accepting the Terms

2. By using the information, tools, features and functionality located on PlatformPlatform platform, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). If you wish to become a Member and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.

   You may not use the Service and you may not accept this Agreement if you are not of a legal age in your country of residence to form a binding contract with OptShine.

   Violation of any of the terms below will result in the termination of your Account.

3. Description of the Service

3. The Service is a skill management service that allows Members to consolidate and track their acquired skills and progress on required skills on Platform. Based on such information, the Service may also present information relating to third party products or services. The Service is provided to you by the company as an aid to assist you in organizing and managing your skilling requirement.

4. Privacy and your Personal Information

4. OptShine will not sell, exchange, or release any of your information or financial information to a third party without your express permission or as required by law or court or governmental order. For information about OptShine’s data protection practices, please read OptShine’s Privacy Policy, which is hereby incorporated into this Agreement. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

5. Your Registration

5. Your account must be registered by a human. Accounts automatically registered by "bots" or other methods are not permitted. Additionally, you must be 16 years of age or older to register for OptShine.

   You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your e-mail address and login ID allows you to access the Service. By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

   If you become aware of any unauthorized use of your Registration Information, you agree to notify OptShine immediately at the email address - info@OptShine.com.

6. Your Use of the Service

6. Your access and use of Platform may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of Platform or other actions that OptShine, in its sole discretion, may elect to take.

7. Hyperlinks/ Third Party Websites/ Applications and Materials

7. This website/ application may contain materials contributed by third parties. To facilitate access to information provided by or via third parties, OptShine may provide or assist in providing links to external websites/applications through its webpages/ sections.

   Optshine states that it has not approved or endorsed the materials contributed by third parties on this application/ website or any external websites/applications linked to this website/ application. The provisions of any such materials or links to external websites/ applications shall not constitute any form of cooperation or affiliation with OptShine of any such third parties or external websites/ applications. Provision of, or assistance in providing, materials contributed by third parties on this website/ application or links to external websites/ applications gives rise to no statement, representation or warranty, express or implied, the OptShine agrees or does not disagree with the contents of such materials or external websites/ applications, OptShine will not have to accept any liability, obligation or responsibility whatsoever for any loss, destruction or damage (including without limitation consequential loss, destruction or damage) however arising from or in respect of any use or misuse of or reliance on the contents of any such materials or external websites/ applications delivered on or via this website/ application or inability to use any of them.

8. Rights You Grant to Us

8. By submitting information, data, passwords, usernames, log-in information and other content to OptShine through the Service, you are licensing that content to OptShine solely for the purpose of providing the Service. OptShine may use, store and share with sponsors and its partners the content, but only to provide the Service to you. By submitting this content to OptShine, you represent that you are entitled to submit it to OptShine for use for this purpose, without any obligation by OptShine to pay any fees or other limitations.

9. OptShine’s Intellectual Property Rights

9. The contents of Platform, including its "look and feel" (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under applicable copyright, trademark and other laws. Any distribution, reprint or electronic reproduction of any content from Platform in whole or in part for any other purpose is expressly prohibited without our prior written consent.

10. Access and Interference

10. You warrant that you will not access or use the Service in any unlawful
manner, for any unlawful purpose or in violation of these terms and
conditions or applicable laws, rules and regulations. You agree
that you will be responsible for all usage of the Service through your account.

    You agree that you will not:

    Use any robot, spider, scraper, deep link or other similar automated data gat hering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor Platform or any portion of Platform, without OptShine’s express written consent, which may be withheld in OptShine’s sole discretion;

    Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of Platform or the Service.

11. Disclaimer of Representations and Warranties

11. OPTSHINE PROVIDES THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

12. Limitations on OptShine’s Liability

12. OPTSHINE SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO PLATFORM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF OPTSHINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. Your Indemnification of OptShine

13. You agree to defend, indemnify and hold harmless OptShine, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Service or any Content that you post thereon; (ii) your violation of any term of this Agreement or your representations and warranties set forth above; or (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right

14. Modifications and Miscellaneous

14. OptShine may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the Platform site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

    All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

    This Agreement represents the entire understanding and agreement between you and OptShine regarding the subject matter of the same, and supersedes all other previous agreements.