TERMS AND CONDITIONS
Please read all these terms and conditions.
As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with. If you are not sure about anything, email us on info@skillsme.co.uk.
Application
1. These Terms and Conditions will apply to the purchase of the services by you (the Customer or you). We are Diana Al-Zubi trading as Skillsme of 63 Cleveland Road, New Malden, Greater London KT3 3QJ with email address info@skillsme.co.uk; telephone number +447742148255; (the Supplier or us or we).
2. These are the terms on which we sell all Services to you. By ordering any of the Services, you agree to be bound by these Terms and Conditions. You can only purchase the Services from the Website if you are eligible to enter into a contract and are at least 18 years old.
Interpretation
3. Contract means the legally binding agreement between you and us for the supply of the Services;
4. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
5. Order means the Customer’s order for the Services from the Supplier as submitted following the step by step process set out on the Website;
6. Privacy Policy means the terms which set out how we will deal with confidential and personal information received from you via the Website;
7. Products and/or Services mean the products and/or services advertised on the Website;
8. Website means our website skillsme.co.uk, any sub-domains of this site and the site skillsme.gurucan.com
9. Learning Platform means any web-based service for online communication through which our Products and Services are delivered e.g. Zoom (https://zoom.us/) and Gurucan (https://gurucan.com).
10. Payment Platform means any service we use to collect and process the payments associated with our Services that is installed on the Website, e.g. Stripe (https://www.stripe.com/)
Services
11. The description of the Products and Services are as set out on the Website.
12. The Products and Services are delivered on the specified date and time on the Website based on Supplier’s time zone, which is London, United Kingdom (GMT and GMT+1).
13. All Products and Services which appear on the Website are subject to availability.
14. We can make changes to the Products and Services which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
Customer Responsibilities
15. Customer must have access to the technology required for receiving our Products and Services, including a device with an access to a stable internet connection, a working microphone and an installed Zoom app (downloadable for free from: https://zoom.us/download) or any other Learning Platform specified on the Website. Web-camera is advisable, yet not necessary to receive our Products and Services.
16. All Products and Services are provided in English language only, thus a decent level of spoken English is required from the Customer for effective learning. The minimum required level is B2 according to the Common European Framework of Reference for Languages or GCSE English as the First Language.
17. Compliance with the above is Customer’s responsibility. Failure to have access to any of the above after purchasing our Products and Services does not entitle the Customer for withdrawal or cancellation.
18. By receiving our Products and Services, you agree to the Behaviour Policy of the Supplier outlined below.
Behaviour Policy
19. Your behaviour during the use of our Products and Services 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.
20. During the provision of Products and Services Customer must act in a friendly and respectable manner towards our representatives and other Customers who purchased the same Product or Service. Bullying of any kind isn’t allowed, and degrading comments about things such as race, religion, culture, sexual orientation, gender or identity will not be tolerated.
21. Failure to comply with Behaviour Policy may result in Contract termination.
Personal Information
22. We retain and use all information strictly under the Privacy Policy and the clauses specified below.
23. By receiving our Products and Services, you agree to the clauses below, the Privacy Policy of the Supplier as well as the Privacy Policy of the Learning Platform and Payment Platform.
24. Products and Services delivered to you may be recorded, stored and shared with other Customers who purchased the Product or Service. This implies that some of your personal information, such as name, image, comments, voice and any shared content during the Product or Service provision in the format of video, images, voice or written form will be visible to them as well. In the event you don’t want your video image to be shared you reserve the right to turn your camera off for the entire duration of the Product or Service provision.
25. When you make comments, participate, answer questions, leave reviews, or submit to us ideas and suggestions for new features or improvements in any form, including voice, video or in written, you authorise us 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. You also waive any rights of privacy, publicity, or other rights of a similar nature to the extent permissible under applicable law.
26. Your purchase of Products or Services hereby discharges the Supplier from all claims, demands, rights, promises, damages and liabilities arising out of or in connection with the use or distribution of said content including video recordings, including but not limited to any claims for invasion of privacy, appropriation of likeness or defamation.
27. 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, organisations, or individuals who partner with us for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes.
28. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of Sale
29. The description of the Products and Services on the Website does not constitute a contractual offer to sell the Products or Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
30. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
31. A Contract will be formed for the Products and Services ordered only when you receive an email from the Payment Platform with a receipt that acts as Order Confirmation. You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. You will receive the Order Confirmation within a reasonable time after making the Contract.
32. No variation of the Contract, whether about description of the Products or Services, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Fees and Payment
33. The fees (Fees) for the Products and Services are set out on the Website at the date we accept the Order or such other price as we may agree in writing.
34. Fees and charges do not include VAT.
35. You must send your Order with payment via the Website by submitting your credit or debit card details or other means of payment using the Payment Platform and we will take payment immediately or otherwise before delivery of the Products or Services using the Payment Platform.
36. By purchasing via the Website, you agree to Terms and Conditions and Privacy Policy of the Payment Platform.
Delivery
37. The Products and Services will be provided during the timeframe specified on the Order Confirmation.
38. In any case, regardless of events beyond our control, if we do not deliver the Products or Services during the timeframe specified in the Order Confirmation, you can require us to deliver the same Product or Service at another time (e.g. similar educational course that is scheduled on other dates), subject to availability of the Product or Service, or to reduce the Fees or charges by an appropriate amount. The amount of the reduction can, where appropriate, be up to the full amount of the Fees or charges.
Withdrawal and Cancellation
39. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below.
Right to Cancel
40. Products and Services may have different cancellation policies. The terms of refund are specified on the checkout page of each Product or Service.
41. To exercise the right to cancel, you must inform us of your decision to cancel this Contract by a clear statement setting out your decision by sending an email to info@skillsme.co.uk from the email you used to purchase our Products and Services and specifying your full name and the Product or Service you wish to cancel. In any event, you must be able to show a clear evidence of when the cancellation was made.
42. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
Timing of Reimbursement
43. We will make the reimbursement without undue delay, and not later than 14 days from the day on which we are informed about your decision to cancel this Contract.
44. We will make the reimbursement using the same means of payment as you used for the initial transaction. You will not incur any transaction fees as a result of the reimbursement.
45. We receive all the payments in pounds sterlings and refund them in the same currency. We are not responsible for currency variations or exchange rate encountered from your end.
Conformity
46. We will supply the Products and Services with reasonable skill and care.
47. Anything we say or write to you, or anything someone else says or writes to you on our behalf, about us or about the Products and Services, is a term of the Contract (which we must comply with) if you take it into account when deciding to enter this Contract, or when making any decision about the Products or Services after entering into this Contract. Anything you take into account is subject to anything that qualified it and was said or written to you by us or on behalf of us on the same occasion, and any change to it that has been expressly agreed between us (before entering this Contract or later).
48. We are responsible of providing our Products and Services to the best of our ability as specified in the description on the Website. However, we are not responsible for results you may or may not achieve through our Products and Services. Your results are subject to your personal ability, time and effort put into learning from and applying the knowledge from our Products and Services. Since we have no control of the above we take no responsibility of your results and achievements from our Products and Services.
Duration, Termination and Suspension
49. The Contract continues as long as it takes us to deliver Products and Services.
50. Either you or we may terminate the Contract or suspend the Products or Services at any time by a written notice of termination or suspension to the other if that other:
a. commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 30 days of the written notice; or
b. is subject to any step towards its bankruptcy or liquidation.
51. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
Content Ownership
52. All copyright and intellectual property rights in all works, including training materials provided as part of the Product or Service, and works which are written or produced on a bespoke or customised basis, including, without limitation, all future such rights when the said works are created, shall remain the ownership of the Supplier.
53. Any materials obtained as part of the Product or Service including recordings, handouts or online access to the Learning platform may only be used by Customer for personal uses and cannot be distributed to third parties without Supplier’s consent.
Successors and our Sub-contractors
54. The Supplier will be liable for the acts of any sub-contractors who it chooses to help perform its duties.
Circumstances beyond the control of either party
55. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party’s obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer’s above rights relating to delivery (and the right to cancel below).
Privacy
56. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
57. These Terms and Conditions should be read alongside, and are in addition to our policies, including our privacy policy (skillsme.co.uk/privacy).
58. For the purposes of these Terms and Conditions:
a. ‘Data Protection Laws’ means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. ‘GDPR’ means the General Data Protection Regulation (EU) 2016/679. c. ‘Data Controller’, ‘Personal Data’ and ‘Processing’ shall have the same meaning as in the GDPR. 70. We are a Data Controller of the Personal Data we Process in providing the Products and Services to you.
59. Where you supply Personal Data to us so we can provide Products or Services to you, and we Process that Personal Data in the course of providing the Products or Services to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
60. For any enquiries or complaints regarding data privacy, you can e-mail: info@skillsme.co.uk.
Excluding liability
61. The Supplier does not exclude liability for any fraudulent act or omission caused by negligence or breach of the Supplier’s other legal obligations.
Subject to this, we are not liable for:
(i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or
(ii) loss (e.g. loss of profit) to your business, trade, craft or profession, or
(iii) 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.
62. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred pounds sterling (£100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims.
Governing law, jurisdiction and complaints
63. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
64. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
65. We try to avoid any dispute, so we deal with complaints as follows:
If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 business days.
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 Supplier 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 during your order or by posting a notice through our Products or Services. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of our Products and Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.