By using Skilldemic (the “Website”, “Service”) on any computer, mobile phone, tablet or another device (collectively, the “device”), You (“You”) as a user of the Service confirm that You have read, understand and agree to be bound by these Terms of Use and any other applicable law. The Website as a service and the content available therein are developed, operated and distributed by Kysana Enterprises Limited, a company having its registered address at Suite 2B, 143 Main Street, GX11 1AA Gibraltar (“we”, “us”, “our”). We may change these Terms of Use at any time without notice, effective upon their posting on the Website. Your continued use of the Service shall be considered Your acceptance of the revised Terms of Use. If You do not agree to these Terms of Use, please do not use this Service.
Subject to these Terms of Use, we grant You non-exclusive, non-transferable, non-sublicensable, revocable limited license to use the Service solely for Your personal, non-commercial purposes. This license does not allow You to use the Service on any device that You do not own or rightfully control, and You may not distribute or make the Service available over a network where it could be used by multiple devices or users at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the Service. You may not copy (except as expressly permitted by this license), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Service or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of our rights as a licensor. If You breach this restriction, You may be subject to prosecution and damages.
All intellectual property on the Website, which includes materials protected by copyright, trademark, or patent laws, is proprietary either to us or to third parties. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for personal information), including but not limited to text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features and all other content (the “Content”) is our intellectual property, all rights reserved.
To use the Service, You may be asked to provide certain personal information. All the matters regarding Your personal information provision are governed by our Privacy Policy and You are giving Your consent to the collection of such information by using the Service. Therefore, You should ensure that You have read the Privacy Policy provisions carefully.
The Website may contain links to websites, applications, other products or services operated by other companies (“Third-Party Services”). We do not endorse, monitor or have any control over these Third-Party Services, which have separate terms of use and privacy policies. We are not responsible for the content or policies of Third-Party Services and You access such Third-Party Services at Your own risk.
You shall not in any way use the Service or submit to us or to the Website or to any user of the Service anything which in any respect:
Through the Website you may purchase the access to the Content (as defined in section “Intellectual Property” of these Terms of Use) that is offered on a paid basis (the “Purchase”). The cost of the Purchase is provided within the Service.
The Purchase within the Service can be made by using any payment method accepted by the Service.
By making Purchase You are granted the life-time access to the Content comprising a particular educational course, which you have selected and paid for.
You agree that Purchase is final, that we will not refund any transaction once it has been made and that the Purchase cannot be canceled. Notwithstanding the foregoing, if the educational course You have completed turns out to be not what You expected, You may be eligible to receive a refund within 30 (thirty) calendar days as of the Purchase date. If You live in the European Union You have certain rights to withdraw from distance purchases; however, please note that when You order the Purchase, You acknowledge and agree that You accept and consume the Purchase promptly once Your Purchase is complete and therefore Your right of withdrawal is lost at this point. For the avoidance of doubt, Your Purchase is deemed complete at the time our servers validate Your Purchase and the applicable Purchase is successfully delivered to You. Please refer to the Refund Policy for more information on the payment terms and refund procedure.
Your use of any aspect of the Service is at Your own risk.
We make no representations or warranties whatsoever in respect of the Service. To the maximum extent permitted by applicable law, the Service is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, as to the operation of the Service or any information, content, materials or products included or referenced therein. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, non-infringement of third parties’ rights and fitness for a particular purpose. You acknowledge that Your use of the Service is at Your sole risk.
We disclaim any implied or statutory warranties regarding:
We do not warrant that any content provided through the Website is accurate, complete, reliable, current, safe or error-free. No communication, information or advice given by us or any representative of ours, whether written or oral, shall create any warranty. If You choose to rely on such information, You do so solely at Your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to You.
The Service may not be available in all languages or in all countries, and we make no representation that the functionality of the Service would be appropriate, accurate or available for use in any particular location. The Service availability and pricing are subject to change.
This disclaimer constitutes an essential part of these Terms of Use.
To the maximum extent permitted by applicable law, under no circumstances and under no legal or equitable theory, whether in tort, contract, strict liability or otherwise, shall we, our affiliates, or any of our or their employees, directors, officers, agents, vendors or suppliers be liable to You or to any third party for any personal injury, including death, or for any indirect, special, incidental or consequential losses or damages of any nature arising out of or in connection with the use of or inability to use the Service, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, computer or device failure or malfunction, even if a representative of ours has been advised of or should have known of the possibility of such damages. In no event will we be liable for any damages in excess of fifty US dollars ($50).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. Accordingly, some of the above limitations and disclaimers may not apply to You. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.
Any claims arising in connection with Your use of the Service must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms of Use are exclusive and are limited to those expressly provided for in these Terms of Use, even if the applicable remedy under these Terms of Use fails of its essential purpose.
You agree to defend, indemnify, and hold us harmless, including our officers, directors, employees, agents, subcontractors, licensors and suppliers, any of our affiliated companies or organizations, and any successors, assigns or licensees, from and against any claims, actions or demands, damages, losses, liabilities, judgments, settlements, costs or expenses (including attorneys’ fees and costs) arising directly or indirectly from or relating to:
(a) the breach of these Terms of Use by You or anyone using Your device or login information;
(b) any claim, loss or damage experienced from Your use or attempted use of (or inability to use) the Service;
(c) Your violation of any law or regulation; or
(d) any other matter for which You are responsible under these Terms of Use or under any applicable law.
You agree that Your use of the Service shall be in compliance with all applicable laws, regulations, and guidelines.
We reserve the right to assume the exclusive defense and control of any demand, claim or action arising hereunder or in connection with the Service and all negotiations for settlement or compromise. You agree to fully cooperate with us in the defense of any such demand, claim, action, settlement or compromise negotiations, as requested by us.
These Terms of Use are effective until terminated by either You or us. You may terminate these Terms of Use at any time, provided that You discontinue any further use of the Service. If You violate these Terms of Use, we reserve the right to terminate Your use of or access to the Service.
We, however, may, in our sole discretion, terminate these Terms of Use and Your access to any part or all of the Service, at any time and for any reason, without penalty or liability to You or any third party. In the event of Your breach of these Terms of Use, these actions are in addition to and not in lieu or as limitation of any other right or remedy that may be available to us. Upon any termination of the Terms of Use by either You or us, You must promptly destroy all materials downloaded or otherwise obtained in connection with Your use of the Service, all documentation, and all copies of such materials and documentation. The following provisions survive the expiration or termination of these Terms of Use for any reason whatsoever: Intellectual Property, Disclaimer, Limitations of Liability, Indemnity, Choice of Law and Dispute Resolution, Entire Agreement and Severability.
These Terms of Use and any non-contractual obligations arising out of or in connection with them shall be governed by, and construed in accordance with the laws of England and Wales. Any dispute, controversy or claim arising out of or in connection with these Terms of Use, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the London Court of International Arbitration Rules. The seat of arbitration shall be London, United Kingdom. The language to be used in the arbitral proceedings shall be English.
These Terms of Use, Privacy Policy and Refund Policy constitute the entire agreement between You and us pertaining to the subject matter hereof (the “Agreement”). Anything contained in or delivered through the Website that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement. These Terms of Use may not be modified, in whole or in part, except as described elsewhere in these Terms of Use.
If any of the provisions of these Terms of Use are held to be not enforceable by a court or other tribunal of competent jurisdiction, then such provisions shall be amended, limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.
You may not assign or transfer these Terms of Use, by operation of law or otherwise, without our prior written and explicit consent.
You agree that these Terms of Use, Website Privacy Policy, Website Refund Policy and/or the Agreement between You and us in general may be assigned by us, in our sole discretion to any third party.
All notices to You relating to these Terms of Use shall be notified to You either via the Website or via the e-mail address that You provided to us.
Please submit any notices to us relating to this Terms of Use via email to support@skilldemic.com.
Last updated 26.05.2020