Terms & Conditions
In this policy, “us”, “we”, “our” refer to SkilledSmart Pty. Ltd. (ACN:616 785 089). These Terms creating a binding agreement between you (the user of this website and and any purchasers of our products/services) and us, and by visiting or using our Site and any of our services, you agree to these Terms. As a condition of your use of this Site, you warrant that (i) all information supplied by you on this Site is true, accurate, current and complete, (ii) if you have an account on SkilledSmart, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you, (iii) you possess the legal authority to enter into this Agreement and to use this Site in accordance with all terms and conditions herein.
1. About our courses
1.1 Our courses may be made available for free or for a fee, at our sole discretion
1.2 We may feature a Course or Instructor in our marketing and advertising, but this is not a recommendation of such a Course or Instructor. We may also recommend a Course as part of a collection of Courses. However, we make no representations as to the quality or nature of the Courses or Instructors shown on our platform(s) or marketing materials.
1.3 The information obtained from or through SkilledSmart is for information and education purposes only, and you are solely responsible for confirming the accuracy and appropriateness of such information for your own personal or professional use. SkilledSmart and its Instructors are not establishing any professional-client relationship with you through your use or access of any of our services.
1.4 SkilledSmart DOES NOT PROVIDE ADVICE and only aims to provide general information and educational tools for you to learn from and apply at your own discretion. Our Instructors DO NOT enter a professional-client relationship with you at any point during the course being conducted, and are not providing ADVICE to you personally. If any of our Instructors provide you advice relating to your situation, they do so in their own professional capacity and not as representatives of SkilledSmart. You agree that SkilledSmart cannot be held responsible or liable for any advice provided by instructors to students.
2.1 You are responsible for any comments or materials you post on our site or in connection with any of our services, including reviews and messages to other users. You assume all liability arising out of a post. We discourage the posting of sensitive or personal information in comments or posts and we are not responsible for the use of your personal information that you publicly post by any third parties. We makes no representations and warranties with respect to the confidentiality of any posts you make through our Service.
2.2 Your Instructors may ask you for information, including personal information, such as your email address, to help facilitate the provision of the Course. Instructors are required to use this information only to communicate about Course materials in a professional manner. However, you agree that we are not responsible for any use of this information by an Instructor for other purposes.
2.3 We own and retain rights for all course content on our website. All course content is designed to be informational and educational in nature, and is not a provision of advice for your specific situation. You are responsible for applying any of our educational content at your own discretion.
3. Course schedule and cancellation
3.1 You should contact us directly, not Instructors, for any rescheduling or cancellation questions.
3.2 We may choose to cancel or reschedule any course at our sole discretion at any time, and without notification.
3.3 If you are enrolled in and have paid for a course, and we change the course schedule after your payment, you will be notified of the change.
3.4 You agree that we cannot accept liability for any damages or costs you incur in excess of the purchase price of the course, that arise from the change in course schedules.
3.5 Our courses have a limited number of spaces available. We do not guarantee availability of a course, or spaces for a course. If you have enrolled in, or paid for a course, that is no longer available or which you cannot attend because it has already reached capacity, the amount you paid for the course will be refunded to you or you will be given the option to put those funds towards an alternative course. You agree that, beyond a full refund, we are not liable for any expenses that you incur if our courses are unavailable for any reason.
4.1 We may charge you fees to attend a course or event that we are running. The amount of any fees may be revised by us from any time, at our sole discretion.
4.2 You agree to pay for all products and services that you purchase through or from us, and you agree that we may charge your selected payment method, either directly or through the services of a third-party payment processor, for any such payments. Only those payment methods accepted by our third-party payment processor can be used to purchase products, goods, or services through or from us.
4.3 You agree to submit any disputes regarding any charge to your account in writing to SkilledSmart within thirty (30) days of such charge, or your dispute is waived and such charge will be final and not subject to challenge. You may dispute a charge by sending an email to us at firstname.lastname@example.org
4.4 We reserve the right, but are not obligated, to refund fees paid to us. Please contact email@example.com to request a refund.
4.5 You understand that if your payment is not cleared by commencement of the course, you may be withdrawn from the course.
5. Third party sites
5.1 Our service may link to third-party websites to facilitate its provision of services to you. If you use these links, you will leave our site and service. We are not responsible for these third-party websites, whether or not we are affiliated with such third-party websites. Through our use, we do not endorse the organizations sponsoring such third-party websites or their products or services. You agree that we are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on our service.
6. Your account
6.1 You represent and warrant that the information you provide us upon registration and at all other times will be true, accurate, current, and complete. You also represent and warrant that you will ensure that this information is kept accurate and up-to-date at all times.
6.2 You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You agree to notify us immediately if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your account. You agree that we will not be liable for any loss or damage arising from unauthorized use of your credentials.
7.1 If you have registered to our website or are registered for a Course, you agree to receive email from us at the email address you provided to us for customer service related purposes, even if you have chosen to opt-out of marketing communications.
7.2 By using our service or providing any personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our service.
8. Our content
8.1 Our content includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, course content produced by us, and other SkilledSmart content. All of our Content and the compilation (meaning the collection, arrangement, and assembly) of our Content are the property of SkilledSmart or its licensors and are protected under copyright, trademark, and other laws.
8.2 Subject to these Terms, we hereby grant you the limited, revocable, non-exclusive, non-transferable, non-assignable, worldwide license to access and use our Service and our Content solely for the use of accessing our services, at our discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of our Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original SkilledSmart Content on any copy you make of the SkilledSmart Content in accordance with these Terms.
8.3 None of our Content or other material made available on or through the our Service may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used to create derivative works, in any way without written permission of the copyright owner unless such content is specifically made available for and authorized to be downloaded, in which case you are authorized to download a single copy of such materials for your own use. For example, certain Course materials may be made available as unprotected PDF files that can be downloaded by registered Course participants and/or other users of our services. Materials not made available for download may not be downloaded or copied without prior written permission. Modification of materials obtained from us, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of SkilledSmart or its licensors, unless you have obtained express written authorization to the contrary.
8.4 No materials obtained from us, even if authorized for download, may be redistributed, nor may they be used for any commercial purpose, without our prior written permission.
9. User Content
9.1 We may provide you with the ability to create, post, or share content, including messages in chat rooms or comments on blog posts, as well as Student Work, (collectively). You or a third-party licensor, as appropriate, retain all intellectual property rights to Your User Content. You are responsible for protecting those rights.
9.3 If you are an Instructor, the license grant above is also applicable to any content you create for the purpose of your Course (such as syllabi, slides or homework) that you use during your course or post on our platform.
9.4 You represent and warrant that: (i) you own the content posted by you on or through our service or otherwise have the right to grant the license set forth in these Terms; (ii) the posting and use of Your User Content on or through our Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person; and (iii) the posting of Your User Content does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of posting Your User Content on our platforms or services. You also acknowledge and agree that Your User Content is non-confidential and non-proprietary
10.1 We may change, suspend, or discontinue any aspect of our service at any time, in our sole discretion, including hours of operation or availability of the service or any feature, without notice or liability.
10.2 We make no representations about accuracy, reliability, completeness, or timeliness of any contents of our services or products. Similarly, we make no representations about accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through us.
10.3 We make no promises and disclaim all liability of specific results from the use of our services or products.
11. Warranties and indemnification
Released parties means: include SkilledSmart and its affiliates, officers, employees, agents, service providers, partners, Instructors, and licensors
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF OUR SERVICES AND PRODUCTS IS AT YOUR SOLE RISK, AND OUR SERVICES AND PRODUCTS ARE PROVIDED ON AN AS IS AND AS AVAILABLE BASIS AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON OUR WEBSITE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) OUR PRODUCTS OR SERVICES WILL MEET YOUR REQUIREMENTS, (ii) OUR PRODUCTS OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PRODUCTS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE WILL MEET YOUR EXPECTATIONS AND, AND (iv) ANY ERRORS IN OUR PRODUCTS OR SERVICES WILL BE CORRECTED; AND
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR PRODUCTS OR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
11.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY OR OTHERWISE), FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE OUR PRODUCTS OR SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF OUR PRODUCTS OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON OUR SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY US; OR (vi) ANY OTHER MATTER RELATING TO OUR PRODUCTS OR SERVICES.
11.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH OUR PRODUCTS OR SERVICES OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED $100.
11.4 You agree to defend, indemnify, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, losses, costs, expenses, fees, actions, or demands, including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any of our Content, (iii) any of Your User Content, (iv) your violation of any persons intellectual property, privacy, publicity or other right, (v) the violation of any applicable laws and/or these Terms by you and/or anyone using your log-in credentials to access and otherwise use our products or services (in whole or in part), (vi) the breach of any of your warranties, representations, responsibilities or other obligations set forth in these Terms, or (vii) the wilful misconduct of you or anyone accessing SkilledSmart using your log-in credentials. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. This provision shall remain in full force and effect notwithstanding any termination of your use of SkilledSmart.
12. Revision to terms
12.1 We reserve the right, in our sole discretion, to revise these Terms at any time, in whole or in part, by posting an updated version. Changes to these Terms will be effective when posted. You agree to visit this page periodically to review the most current Terms and your continued use of our service, or any part thereof after any changes to these Terms are posted constitutes your binding acceptance of these Terms. If you object to any changes to these Terms, your sole recourse will be to stop using our services.
Last revision: 14 March 2017