Terms and Conditions
GENERAL
TERMS AND CONDITIONS
1.
INTRODUCTION
These are the
Terms and Conditions governing the use of https://theskillbill.com,
(the Website) and the agreement that operates between us and you (the User).
The Website is owned and operated by THE SKILLBILL NETWORK INTERNATIONAL FZCO
hereinafter referred to as “THE SKILLBILL” (us/our/we) and these Terms set out
the rights and obligations of all users (you/your) in relation to your use of
the Website. Please read these General Terms and our Privacy Statement
carefully. By using the Website, you are consenting to be bound by the ‘then’
current Terms and our Privacy Statement. We may revise the Terms and
information contained on the Website at any time and without notice. If you do
not agree to these Terms or the Privacy Statement, please refrain from using
the Website.
If you have any
questions about the Terms or the Privacy Statement, please contact us at info@theskillbill.com, or DSO-IFZA, IFZA
PROPERTIES, Dubai Silicon Oasis, Dubai, United Arab Emirates.
2.
TERMS TO USE
These Terms of
Use (“Terms”) were last updated on June 1st, 2023.
THE SKILLBILL’s
mission is to empower lives through learning. We enable anyone anywhere to enrol
in informative skill enhancing sessions to learn. We consider our marketplace
model the best way to offer valuable essential life skill developmental content
to our users. We need rules to keep our platform and services safe for you, us,
and the instructor’s community. These Terms apply to all your activities on THE
SKILLBILL website, THE SKILLBILL mobile applications, our APIs, our digital
platforms and other related services (“Services”).
If you are a
speaker on THE SKILLBILL platform, you must agree to the Instructor Terms. We
provide details regarding our processing of personal data of our users and
speakers in our Privacy Policy also.
If you live in
the United States or Canada, by agreeing to these Terms, you agree to resolve
disputes with THE SKILLBILL through binding arbitration (with very limited
exceptions, not in court), and you waive certain rights to participate in
virtual session actions, as detailed in the Dispute Resolution section.
2.1 Accounts
You need an
account for almost all activities on our platform, including to purchase and enrol
in a session or to submit a session for publication. So, keep your password
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
our Support Team. You should/must reach the age of consent for online services
in your country to use THE SKILLBILL.
When setting up
and maintaining your account, you must provide and continue to provide accurate
and complete information, including a valid email address. You have complete
responsibility for your account and everything that happens on your account,
including 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. You shall 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 permanently.
You shall not
share your account login credentials with anyone else. You are responsible for
what happens with your account and THE SKILLBILL will not intervene in disputes
between users or speakers who have shared their 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 our Support Team. We may request some information from
you to confirm that you are indeed the owner of your account.
Users and
speakers must be at least 18 years of age to create an account on THE SKILLBILL
and use our Services. If you are below this age of consent to use online
services, you will not be allowed to create a THE SKILLBILL account. If we
discover that you have created an account that violates these rules, your
account shall be terminated permanently.
You can
terminate your account at any time by following specific steps. Refer to our
Privacy Policy to see what happens when you terminate your account.
2.2 Session Enrolment and Lifetime Access
When you enrol
in a session, you get a license from us to view it via THE SKILLBILL Services
and no other use. Don’t try to transfer or resell sessions in any way. We grant
you a live session access license, except when we have to disable the session
because of legal or policy reasons.
Under our
Instructor Terms, when speakers deliver a session on THE SKILLBILL, they grant
a license to the session to users. This means that we have the right to
sublicense the session to the users who enrol in the session. As a user, when
you enrol in a session, whether it’s a free or paid session, you are getting a
license from THE SKILLBILL to view the session via THE SKILLBILL platform and
Services, and THE SKILLBILL is the licensor of record. Sessions are licensed,
and not sold, to you. This license does not give you any right to resell the
session in any manner (including by sharing account information with a
purchaser or illegally downloading the session and sharing it on torrent
sites).
In legal, THE
SKILLBILL grants you (as a user) a limited, non-exclusive, non-transferable
license to access and view the sessions and associated content for which you
have paid all required fees, solely for your personal, non-commercial, skill
enhancing purposes through the Services, in accordance with these Terms and any
conditions or restrictions associated with a particular sessions or feature of
our Services. All other uses are expressly prohibited. 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 session unless we give you explicit permission to do so in a written
agreement signed by a THE SKILLBILL authorized representative. This also
applies to content you can access via any of our APIs.
We generally
give a lifetime access license to our users when they register with our website
to enrol into any number of sessions. However, we reserve the right to revoke
any license to access and use sessions at any point in time in the event where
we decide or are obligated to disable access to a session due to legal or
policy reasons, for example, if the session you enroled in is the object of a
copyright complaint, or if we determine its content violates our Trust &
Safety Guidelines. To be clear, the lifetime access is to the user’s page and
upcoming session’s description content but not to the speakers or previously
attended sessions.
Speakers may not
grant licenses to their sessions as users directly, and any such direct license
shall be null and void and a violation of these Terms.
2.3 Payments, Rewards and Refunds
When you make a
payment, you agree to use a valid payment method.
2.3.1
Pricing
The prices of
sessions on THE SKILLBILL are determined based on the terms of our Promotions
Policy. We regularly run promotions and sales for our sessions and certain
sessions are only available at discounted prices for a set period. The price
applicable to a session will be the price at the time you complete your
purchase of the session (at checkout). Any price offered for a particular
session may also be different when you are logged into your account from the
price available to users who aren’t registered or logged in, because some of
our promotions are available only to new users.
If you are
logged into your account, the listed currency will usually be US Dollars or you
may see is based on your location when you created your account. If you are a
user located in a country where use of sales tax, goods and services tax, or
value added tax is applicable to consumer sales, we are responsible for
collecting and remitting that tax to the proper tax authorities. Depending on
your location, the price you see may include such taxes, or tax may be added at
checkout.
2.3.2
Payments
You agree to pay
the fees for sessions that you purchase, and you authorize us to charge your
debit or credit card or process other means of payment (such as Boleto, SEPA,
direct debit, or mobile wallet) for those fees. THE SKILLBILL works with third
party payment processing partners to offer you the most convenient payment
methods in your country and to keep your payment information secure. Check out
our Privacy Policy for more details.
When you make a
purchase, you agree not to use an invalid or unauthorized payment method. If
your payment method fails and you still get access to the session you are
enroling in, you agree to pay us the corresponding fees within thirty (30) days
of notification from us. We reserve the right to disable access to any session
for which we have not received adequate payment.
2.3.3
Rewards
This rewards and
Promotions Policy (“Policy”) includes information about methods that THE
SKILLBILL users can use to promote sessions with referral links, and THE
SKILLBILL’s optional marketing programs. By signing up with THE SKILLBILL, you
agree to participate in our rewards and promotional programs. If you intend not
to participate, then you may contact our support team.
THE SKILLBILL
rewards program ("Program") is offered to anyone with a THE SKILLBILL
account at the sole discretion of the company. Participation in the Program is
automatic. You will earn THE SKILLBILL rewards ("Rewards") after your
successful enrolment in a session; THE SKILLBILL shall set the milestones till
when you are eligible to earn rewards. THE SKILLBILL holds all the rights to
change or terminate reward point percentages and offers based on company’s
business strategies.
There are a few
additional rules and terms that apply to the Program:
·
The Program is void if
prohibited by law.
·
THE SKILLBILL may change or
terminate the Program at any time, with or without notice to you. However, any
Rewards earned prior to termination shall continue to be available.
·
If you try to hack, tamper or
otherwise "game" the Program, you lose all Rewards and may be barred
from the Program or from THE SKILLBILL site.
·
You do not have the ability to
select how the Rewards are availed.
·
Rewards may be redeemed for
cash, and cannot be assigned, sold or transferred to anyone else.
·
Not all deals or programs will
be available in all geographic territories or for all THE SKILLBILL content. THE
SKILLBILL has sole discretion to determine which content to offer as part of
the Promotional Programs and to set or update sale prices.
2.3.4
Refer a Friend
THE SKILLBILL
“Refer a Friend” (“RAF”) Terms and Conditions should be read in conjunction
with THE SKILLBILL Terms of Use. Where there is conflict between the “Refer a
Friend” Terms and Conditions and the General Terms of Use, the specific Terms
and Conditions from the “Refer a Friend” Program shall apply, but all other
provisions within the General Terms of Use shall remain in full force and
effect.
These terms and
conditions apply to THE SKILLBILL’s Refer a Friend program. By referring a
friend, acting on a referral, using the Program, or otherwise participating in
the Program, the referring user and/or referred friend agree to be bound by
these Terms.
·
All Users who have enroled to a
session with THE SKILLBILL will be issued a RAF unique code by the company and
it will be considered to be the "Referring User" for all Qualified
Referrals made using that RAF unique code.
·
The Referring User can share
their RAF unique code by link on social media accounts, email or any other form
of communication available to them.
·
To obtain a referral reward,
the Referring User must refer a Qualified Referred Friend.
·
To be considered a Qualified
Referred Friend, the Referred Friend must successfully register to THE
SKILLBILL and enrol to a session.
·
Referring Users will receive
rewards associated with the Program as defined by THE SKILLBILL. THE SKILLBILL
holds all the rights to modify referral reward programs, and the same shall be
notified on THE SKILLBILL website.
·
A Referring User will not
receive a reward if their referrals are not considered Qualified Friends for
any reason, including if the Referred Friend does not satisfy the requirements
to be considered a Qualified Friend or do not register on THE SKILLBILL using
your unique referral link.
·
Referring Users will be
notified on their individual user dashboard within 24 hours of becoming
eligible for their reward.
·
The Stats Page can be used by
Referring Users to keep track of their Qualified Referred Friends progress.
Please note, the Stats Page can take up to 24 hours to refresh with updated
progress.
·
A Referring User should not
engage in any misleading, deceptive, annoying, or harassing practices with
respect to referrals or Program communications.
·
The rewards associated with the
Program can be exchanged for cash or used to book THE SKILLBILL learning
sessions.
·
THE SKILLBILL reserves the
right to stop any user from using our services who we believe is using a
referral campaign in an unethical manner.
·
Spam and the use of Purchased
or harvested lists is prohibited and will result in immediate termination of
the Referring User’s account and deactivation of RAF links.
·
THE SKILLBILL reserves the
right to cancel, alter, amend, suspend, withdraw or terminate the Refer a Friend
Program or to change these terms and conditions at any time at its sole
discretion.
We may update
this Policy from time to time to clarify our practices or to reflect new or
different practices. If we make any material change, we will notify you using
prominent means such as by email notice sent to the email address specified in
your account or by posting a notice through our Services. Modifications will
become effective on the day they are posted unless stated otherwise.
2.3.5
Refunds and Refund
Rewards
If the session
you purchased and which are not participating in the reward program is not what
you were expecting, you can request for a refund to your account within 7 days
of your purchase of the session. We reserve the right to apply your refund as a
refund credit or a refund to your original payment method, at our discretion,
depending on capabilities of our payment processing partners, the platform from
which you purchased your session (website or mobile app), and other factors. No
refund is due to you if you request it after the 7-day guarantee time limit has
passed. However, if a session you previously purchased is disabled for legal or
policy reasons, you are entitled to a refund beyond this 7-day limit. THE SKILLBILL
also reserves the right to refund users beyond the 7-day limit in cases of
suspected or confirmed account fraud.
As detailed in
the Presenter Terms, speakers agree that users have the right to receive these
refunds.
If we decide to
issue refund rewards to your account, they will be automatically applied toward
your next session purchase on our website or mobile applications. Refund
rewards may expire if not used within the specified period, and have no cash
value, in each case unless otherwise required by applicable law.
At our
discretion, if we believe you are abusing our refund policy, such as if you’ve
consumed a significant portion of a session that you want to refund or if
you’ve previously refunded a session, we reserve the right to deny your refund,
ban your account, and/or restrict all your future use of the Services. If we
ban your account or disable your access to a session due to your violation of
these Terms or our Trust & Safety Guidelines, you will not be eligible to
receive a refund or future benefits.
2.3.6
Gift and Promotional
Codes
THE SKILLBILL or
our partners may offer gift and promotional codes to users. Certain codes may
be redeemed for gift or promotional rewards applied to your THE SKILLBILL
account, which then may be used to purchase eligible sessions on our platform,
subject to the terms included with your codes. Other codes may be directly
redeemable from selective vender list which will be communicated accordingly.
These codes and
rewards, as well as any promotional value linked to them, may expire if not
used within the period specified in your THE SKILLBILL account. Gift and
promotional codes offered by THE SKILLBILL may not be refunded for cash, unless
otherwise specified in the terms included with your codes or as required by
applicable law. If you have multiple saved credit amounts, THE SKILLBILL may
determine which of your rewards to apply to your purchase. Contact our Support
team for any terms included with your codes for more details.
2.3.7Chargebacks
a. The amount of a
transaction maybe charged back (‘Chargeback’) if the transaction is (i) disputed by
cardholder; (ii) reversed for any reason; (iii) not authorized by cardholder or
if THE SKILLBILL or the issuing bank has reason to believe that it is not
authorised; or (iv) is considered unlawful or in breach of these THE SKILLBILL
Max T&Cs.
b. In case of a
Chargeback, You will owe THE SKILLBILL and will be required to immediately pay THE
SKILLBILL the amount of any Chargeback and any associated fees, fines or
penalties as assessed by the payment gateway, bank, card association or processor.
You agree to assist THE SKILLBILL when requested to investigate any of your
transactions made using THE SKILLBILL App. Your failure in providing timely
assistance to THE SKILLBILL, including without limitation providing
documentation, where required within 72 hours, may result in an irreversible
Chargeback.
c. Further in such
cases your use of THE SKILLBILL Max or the entire THE SKILLBILL App and THE
SKILLBILL Platform maybe blocked for an indefinite period of time as decided by
THE SKILLBILL on a case-to-case basis.
2.4 Content and Behavior Rules
You can only use
THE SKILLBILL for lawful purposes. You’re responsible for all the content that
you post on our platform. You should keep the reviews, questions, posts,
sessions and other content you upload in line with our Trust & Safety
Guidelines and the law, and respect the intellectual property rights of others.
We can ban your account for repeated or major offenses. If you think someone is
infringing your copyright on our platform, let us know.
You may not
access or use the Services or create an account for unlawful purposes. Your use
of the Services and behavior on our platform must comply with applicable local
or national laws or regulations of your country. You are solely responsible for
the knowledge of and compliance with such laws and regulations that are
applicable to you. Further, you agree not to upload any content or technology
(including information on encryption) whose export is specially controlled
under the Export Administration Regulations or other applicable regulations.
If you are a
user, the Services enable you to ask questions to the speakers of sessions you
are enroled in, and to post reviews of sessions. For certain sessions, the
presenter may invite you to submit content as “homework” or tests. Don’t post
or submit anything that is not yours.
If you are a
presenter, you can submit sessions for publication on the platform and you can
also communicate with the users who have enroled in your sessions. In both
cases, you must abide by the law and respect the rights of others: you cannot
post any session, question, answer, review or other content that violates
applicable local or national laws or regulations of your country. You are
solely responsible for any sessions, content, and actions you post or take via
the platform and Services and their consequences. Make sure you understand all
the copyright restrictions set forth in the Presenter Terms before you submit
any session for publication on THE SKILLBILL.
If we are put on
notice that your session or content 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 Trust & Safety Guidelines, 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 or stop you from delivering any further sessions through our platform.
THE SKILLBILL complies with copyright laws. Check out our Intellectual Property
Policy for more details.
THE SKILLBILL
has discretion in enforcing these Terms and our Trust & Safety Guidelines.
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. 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.
If one of our
speakers has published a session that infringes your copyright or trademark
rights, please let us know. Our Presenter Terms require our speakers to follow
the law and respect the intellectual property rights of others. For more
details on how to file a copyright or trademark infringement claim with us, see
our Intellectual Property Policy.
2.5 THE SKILLBILL’s Right to Content You Post
You retain
ownership of content you post to our platform, including your sessions. We’re
allowed to share your content to anyone through any media, including promoting
it via advertising on other websites.
The content you
post as a user or speaker (including sessions) remains yours. By posting
sessions and other content, you allow THE SKILLBILL to reuse and share it but
you do not lose any ownership rights you may have over your content. If you are
a speaker, be sure to understand the session licensing terms that are detailed
in the Presenter Terms.
When you post
content, comments, questions, reviews, and when you submit to us ideas and
suggestions for new features or improvements, you authorize THE SKILLBILL 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.
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). This
includes making your content available to other companies, organizations, or
individuals who partner with THE SKILLBILL for the syndication, broadcast,
distribution, or publication of content on other media, as well as using your
content for marketing purposes. You also waive any rights of privacy,
publicity, or other rights of a similar nature applicable to all these uses, to
the extent permissible under applicable law. You represent and warrant that you
have all the rights, power, and authority necessary to authorize us to use any
content that you submit. You also agree to all such uses of your content with
no compensation paid to you.
2.6 Using THE SKILLBILL at Your Own Risk
Anyone can use THE
SKILLBILL to create and deliver sessions and speakers and we enable speakers
and users to interact for learning. Like other platforms where people can post
content and interact, some things can go wrong, and you use THE SKILLBILL at
your own risk.
Our platform
model means we do not review or edit the sessions for legal issues, and we are
not in a position to determine the legality of session content. We do not
exercise any editorial control over the sessions that are available on the
platform and, as such, do not guarantee in any manner the reliability,
validity, accuracy, or truthfulness of the sessions. If you enrol in a session,
you rely on any information provided by a presenter at your own risk.
By using the
Services, you may be exposed to content that you consider offensive, indecent,
or objectionable. THE SKILLBILL has no responsibility to keep such content from
you and no liability for your access or enrolment in any session, to the extent
permissible under applicable law. This also applies to any sessions relating to
health, wellness, and physical exercise. You acknowledge the inherent risks and
dangers in the strenuous nature of these types of sessions, and by enroling in
such sessions 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 enrolment in a session.
When you
interact directly with a user or a presenter, you must be careful about the
types of personal information that you share. While we restrict the types of
information speakers may request from users, we do not control what users and
speakers 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.
When you use our
Services, you may 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.
2.7 THE SKILLBILL’s Rights
We own THE
SKILLBILL 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 SKILLBILL 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 speakers and users) are and will remain the
exclusive property of THE SKILLBILL. Our platforms and services are protected
by copyright, trademark, and other laws of both the Malaysia and foreign
countries. Nothing gives you a right to use THE SKILLBILL name or any of THE
SKILLBILL trademarks, logos, domain names, and other distinctive brand
features. Any feedback, comments, or suggestions you may provide regarding THE
SKILLBILL 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.
You may not do
any of the following while accessing or using THE SKILLBILL platform and
Services:
·
Access, tamper with, or use
non-public areas of the platform (including content storage), THE SKILLBILL’s
computer systems, or the technical delivery systems of THE SKILLBILL’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 SKILLBILL 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). 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 THE
SKILLBILL); 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.
2.8 Miscellaneous Legal Terms
These Terms are
like any other contract, and they have boring but important legal terms that
protect us from the countless things that could happen and that clarify the
legal relationship between us and you.
2.8.1
Binding Agreement
You agree that
by registering, accessing, or using our Services including APIs, you are
agreeing to enter into a legally binding contract with THE SKILLBILL. If you do
not agree to these Terms, do not register, access, or otherwise use any of our
Services.
If you are a
speaker 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.
Any version of
these 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.
These Terms
(including any agreements and policies linked from these Terms) constitute the
entire agreement between you and us (which include, if you are a speaker, the
Presenter Terms and the Promotions Policy).
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.
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.
The following
sections shall survive the expiration or termination of these Terms: Sections 2
(Session Enrolment and Lifetime Access), 5 (THE SKILLBILL’s Rights to Content
You Post), 6 (Using, THE SKILLBILL at Your Own Risk), 7 (THE SKILLBILL’s
Rights), 8 (Miscellaneous Legal Terms), and 9 (Dispute Resolution).
2.8.2
Disclaimers
It may happen
that our platform is down, either for planned maintenance or because something
goes down with the site. It may happen that one of our speakers is making
misleading statements in their session. It may also happen that we encounter
security issues. These are just examples. You accept that you will not have any
recession against us in any of these types of cases where things don’t work out
right. In legal, more complete language, 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.
We may decide to
cease making available certain features of the Services at any time and for any
reason. Under no circumstances will THE SKILLBILL or its affiliates, suppliers,
partners or agents be held liable for any damages due to such interruptions or
lack of availability of such features.
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 act of war, hostility,
or sabotage; natural disaster; electrical, internet, or telecommunication
outage; or government restrictions.
2.8.3
Limitation of Liability
There are risks
inherent to using our Services, for example, if you enrol in a health and
wellness session like yoga, and you injure yourself. You fully accept these
risks and you agree that you will have no recession to seek damages against
even if you suffer loss or damage from using our platform and Services. In
legal, more complete language, to the extent permitted by law, we (and our
group of 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.
2.8.4
Indemnification
If you behave in
a way that gets us in legal trouble, we may exercise legal recession against
you. You agree to indemnify, defend (if we so request), and hold harmless THE
SKILLBILL, our group of 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.
2.8.5
Governing Law and
Jurisdiction
When these Terms
mention “THE SKILLBILL,” they’re referring to THE SKILLBILL entity that you’re
contracting with. If you are a user, your contracting entity and governing law
will generally be determined based on your location.
2.8.6
Legal Actions and
Notices
No action,
regardless of form, arising out of or relating to this Agreement may be brought
by either party more than one (1) year after the cause of action has accrued,
except where this limitation cannot be imposed by law.
Any notice or
other communication to be given hereunder will be in writing and given by
registered or certified mail return receipt requested, or email (by us to the
email associated with your account or by you to admin@theskillbill.com).
2.8.7
Relationship between Us
You and we agree
that no joint venture, partnership, employment, contractor, or agency
relationship exists between us.
2.8.8
No Assignment
You may not
assign or transfer these Terms (or the rights and licenses granted under them).
For example, if you registered an account as an employee of a company, your
account cannot be transferred to another employee. We may assign these Terms
(or the rights and licenses granted under them) to another company or person
without restriction. Nothing in these Terms confers any right, benefit, or
remedy on any third-party person or entity. You agree that your account is
non-transferable and that all rights to your account and other rights under
these Terms terminate upon your death.
2.9 Dispute Resolution
If there’s a
dispute, our Support Team is happy to help resolve the issue. Most disputes can
be resolved, so before bringing a formal legal case, please first try
contacting our Support Team.
2.9.1
Small Claims
Either of us can
bring a claim in small claims court in a place we both agree on, as long as it
qualifies to be brought in that court.
2.9.2
Going to Arbitration
If we can’t
resolve our dispute amicably, you and THE SKILLBILL agree to resolve any claims
related to these Terms (or our other legal terms) through final and binding
arbitration, regardless of the type of claim or legal theory. If one of us
brings a claim in court that should be arbitrated and the other party refuses
to arbitrate it, the other party can ask a court to force us both to go to
arbitration (compel arbitration). Either of us can also ask a court to halt a
court proceeding while an arbitration proceeding is ongoing.
2.9.3
No Class Actions
We both agree
that we can each only bring claims against the other on an individual basis.
This means: (a) neither of us can bring a claim as a plaintiff or class user in
a class action, consolidated action, or representative action; (b) an
arbitrator can’t combine multiple people’s claims into a single case (or
preside over any consolidated, class, or representative action); and (c) an
arbitrator’s decision or award in one person’s case can only impact that user,
not other users, and can’t be used to decide other users’ disputes. If a court
decides that this “No class actions” clause isn’t enforceable or valid, then
this “Dispute Resolution” section will be null and void, but the rest of the
Terms will still apply.
2.10
Changes
Notwithstanding
the “Updating these Terms” section below, if THE SKILLBILL changes this
"Dispute Resolution" section after the date you last indicated
acceptance to these Terms, you may reject any such change by providing THE
SKILLBILL written notice of such rejection by email or hand delivery to THE
SKILLBILL Attn: Legal, Our Address, or by email from the email address
associated with your Account to admin@theskillbill.com,
within 30 days of the date such change became effective, as indicated by the
"last updated on" language above. To be effective, the notice must
include your full name and clearly indicate your intent to reject changes to
this "Dispute Resolution" section. By rejecting changes, you are
agreeing that you will arbitrate any dispute between you and THE SKILLBILL in
accordance with the provisions of this "Dispute Resolution" section
as of the date you last indicated acceptance to these Terms.
2.11
Updating These Terms
From time to
time, we may update these Terms to clarify our practices or to reflect new or
different practices (such as when we add new features), and THE SKILLBILL
reserves the right in its sole discretion to modify and/or make changes to
these Terms at any time. If we make any material change, we will notify you
using prominent means, such as by email notice sent to the email address
specified in your account or by posting a notice through our Services.
Modifications will become effective on the day they are posted unless stated
otherwise.
Your continued
use of our Services after changes become effective shall mean that you accept
those changes. Any revised Terms shall supersede all previous Terms.
2.12
How to Contact Us
The best way to
get in touch with us is to contact our Support Team. We’d love to hear your
questions, concerns, and feedback about our Services.
Thanks for your
interest in helping learn and learning with us!
Feedback and
Information
Any feedback you provide at this site shall be deemed to be non-confidential.
THE SKILLBILL shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change
without notice