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Terms of Use

Terms of Use

These Terms of Use (“Terms”) were first created on 07th January, 2019.

Welcome to CriticalSkills360! Veneka Power (Pvt) Ltd’s t/a CriticalSkills360’s mission is to empower individuals and organisations through delivering learning content, learning services and associated products, services and applications that are critical and enhance their capabilities and thus their daily social and economic activities and participation in the evolving marketplace and jobs landscape through a vibrant ecosystem. We enable this by providing platforms where anyone anywhere can enrol and take any of our carefully selected and expert designed online courses, where subject matter experts can share their knowledge through courses with the learning community and where users can access complementary products and services, subject to the terms and conditions described in this document (this “Terms of Use”) and any other guidelines, rules or licenses posted in connection with any Online Course (defined below).

INTRODUCTION

These Terms of Use, as may be amended from time to time, together with any documents, policies, or terms they incorporate by reference (collectively, these “Terms of Use”), are entered into by and between you and Veneka Power t/a CriticalSkills360, a Zimbabwe registered limited liability company (“CriticalSkills360”, “we”, or “us”). For purposes of these Terms of Use, “you” includes, individually and collectively, you (the user or Customer) and any individual, affiliate, or Business User that is visiting, viewing, using, or accessing the Site under your Plan. To the extent that you have entered into an enterprise license agreement, master sales order, master services agreement, or other written agreement fully executed and signed by an authorised representative of CriticalSkills360 that contains terms that directly conflict with any terms of these Terms of Use, then the conflicted terms set forth in such other agreement will control.

By accessing or using the site or services, you are accepting these terms of use (on behalf of yourself or the entity that you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity that you represent). You may not access or use the site or service if you are not at least 18 years old (or the age of majority in the jurisdiction from which you are accessing the site or service or are at least 13 years old and have your parent or legal guardian’s consent). If you do not agree to comply with these terms, do not access and/or use the site or service.

If you publish a course on the CriticalSkills360 platform, you must also agree to the Content Creator/ Provider Agreement. We also provide details regarding our processing of personal data of our students and instructors in our Privacy Policy. If you are using CriticalSkills360 as part of your employer’s CriticalSkills360 For Business learning and development program, you can consult our CriticalSkills360 Business Privacy Statement.

1. SERVICES

CriticalSkills360 (together with our affiliates, “CriticalSkills360”, “we”, or “us”) provide you access to the CriticalSkills360 Services on the CriticalSkills360 websites located at https://www.criticalskills360.comhttps://www.learning.criticalskills360.com and https://www.criticalknowlabs360.com, as well as any other websites and applications owned, operated, or controlled by us, CriticalSkills360 mobile applications,  TV applications, APIs and other related services (collectively, the “Site”, and the Site, together with any products and services provided by criticalSkills360, the “Services”), including, without limitation, all information, content, services, and materials made available through any Website, social media channels, or other online or onsite channels that enable you to participate in any CriticalSkills360 online educational programs (collectively, the “Online Courses”) and any related services. For clarity, CriticalSkills360 offers certain Online Courses that are curated, specially designed, and produced and distributed through our various websites and platforms and an applications marketplace to support individuals, businesses and other types of organisations. A verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), shall be awarded, in the sole discretion of CriticalSkills360 and the instructors for the Online Courses, to Learners (defined below) who have completed the course to the satisfaction of CriticalSkills360 including without limitation being in compliance with all CriticalSkills360 policies.

CriticalSkills360 may also offer Online Courses in partnership with accredited universities and other educational institutions, corporate sponsors and non-profit foundations and institutions (each an “Educational Partner”) whereby academic credit or certification may be offered solely by that Educational Partner. Please see the section of this Terms of Use pertaining to Online Courses with Educational Partners below for more details.

CriticalSkills360 may also partner with companies who will sponsor or pay for Online Courses for Users or those companies’ employees/associated persons. Please see the Sponsored Services and Employee and Business Sponsored Access sections of this Terms of User below for further information.

CriticalSkills360 reserves the right, at any time and from time to time, to modify, discontinue, temporarily or permanently, the Services provided or any part or portion thereof, with or without notice to you. You agree that CriticalSkills360 shall not be liable to you or to any third party for any modifications, suspensions, or discontinuance of the Services, or any portion thereof. Nothing in this Terms of Use shall be construed to obligate CriticalSkills360 to maintain and support the Services or any part or portion thereof, during the term of this Terms of Use.

CriticalSkills360, its course content providers and the instructors of the Online Courses further reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online Courses, Learners acknowledge that CriticalSkills360, its course content providers and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as CriticalSkills360, its course content providers and the instructors deem appropriate.

2. SITE ACCESS AND USER ACCOUNTS

2.1 Account Creation. For you to access and use the Services in any of the various allowed user roles you need an account and are only authorised to access and use the Services if you agree to abide by all applicable laws, rules, regulations, as well as this Terms of Use. In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. Additional information may be required to confirm your identity upon setting up your User Account and/or thereafter. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrolment in any Online Courses.

The term “User” refers to any person that participates, interacts with, or otherwise makes use of any of the Services e.g. purchasing and enrolling in a course and/or downloading or purchasing an application, and/or use of any CriticalSkills360 community (e.g., moderators, volunteers, or experts-in-residence).

2.2 Access Through a Social Networking Service. If you access the Site through a social networking service (“SNS”), you may link your Account with your SNS account. This will allow CriticalSkills360 to access your SNS account, subject to the applicable terms and conditions that govern your use of each SNS account. You represent that you are entitled to disclose your SNS account login information to CriticalSkills360 and/or grant CriticalSkills360 access to your SNS account as set forth herein and that doing so does not breach any provisions of the applicable SNS account. By granting CriticalSkills360 access to any SNS accounts, you understand that CriticalSkills360 may access, make available, and store (if applicable) any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible on your SNS account through the Service. You may disable the connection between your Account and your SNS account at any time by accessing the “Account” section of the Service.

2.3 Account Responsibilities. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission therefore you need to be careful with your password and always keep it a secret. You may not transfer your account to someone else or use someone else’s account without their permission neither will we grant you access to any account unless you can provide us the login credentials for that account. In the event of the death of a user, the account of that user will be closed.

If you share your account login credential with someone else, you are responsible for what happens with your account and CriticalSkills360 will not intervene in any disputes between users who have shared 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 us at support@criticalskills360.com.

3. CRITICALSKILLS360 PLANS AND LICENSE TERMS

 3.1 User License. When you enrol in a free or paid course/s you are getting a license from CriticalSkills360 to view the course/s via the CriticalSills360 platform and Services, and CriticalSkills360 is the licensor of record. Courses are licensed, and not sold, to you and the license only grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the courses and associated content for which you have paid all required fees, solely for your personal, non- commercial, educational purposes through the Services, in accordance with these Terms of Use and any conditions or restrictions associated with a particular course. or feature of our Services. 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 course unless CriticalSkills360 grants explicit permission to do so in a written agreement signed by a CriticalSkills360 authorised representative. This also applies to content you can access via any of our Applications and APIs.

CriticalSkills360’s grant of the Individual, Team or Business License is expressly conditioned on timely payment of the then-applicable license fee in the amount and on the billing frequency (e.g., monthly, annually) selected and set forth during Checkout.

3.2 Plans. We generally give monthly, six monthly and annual access license to our students for the content and not to the instructor if any. Details of access to the instructor, if any, are communicated on a course by course basis.

The features and price of your access to the Service is determined by the subscription plan and account type you register for, purchase, renew, or change into (each, a “Plan”)—to review the features and price associated with CriticalSkills360 Plans, please visit https://www.criticalskills360.com/pricing. No contract will exist between you and CriticalSkills360 until CriticalSkills360 accepts your order by a confirmatory e-mail or an Order Form has been signed by us and you.

3.2.1  Free Plan. Your access to our Services may begin with a free trial (for individuals) (“Free Trial”) or a free team trial (for businesses) (“Team Trial”). The length of your Free Trial or Team Trial , or Pilot will be set out during Checkout; however, we reserve the right, in our absolute discretion, to determine your eligibility for a Free Trial or Team Trial, and to withdraw or to modify your Free Trial or Team Trial at any time without prior notice and with no liability. As a Free Trial or Team Trial user, you acknowledge and agree that CriticalSkills360 grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service in strict accordance with these Terms of Use. We reserve the right, in our absolute discretion, to withdraw or to modify your access to the Service at any time without prior notice and with no liability.

(a) Free Trial (Individuals). As a Free Trial user, you agree to provide your Individual Payment Method during Checkout before beginning your Free Trial. We will not process your Individual Payment Method for payment of your Individual License Fee during your Free Trial; however, on the first day following the end of your Free Trial we will convert your Free Trial into a paid Individual Plan and process your Individual Payment Method for your Individual License Fee on the billing frequency chosen during Checkout, which will also place your account from that date forward into Automatic Individual Renewal practices. By providing your Individual Payment Method details in conjunction with your Free Trial registration, you agree to these charges and practices. If you do not wish to be charged, you must cancel your Free Trial before the end of your Free Trial; and upon cancellation of your Free Trial your access to the Site will terminate immediately.

(b) Team Trial. (select number of Business Users). A free Team Trial is provisioned through an online Checkout for a select number of Business Users (e.g., not to exceed 10 Business Users). You agree that you and your Business Users’ use of the Site during the Team Trial is governed by these Terms of Use. In order to choose a free Team Trial during Checkout you must enter a valid Business Payment Method. We will not charge your Business Payment Method during the Team Trial nor will we automatically convert your account into a paid Business Plan upon its expiration. However, at the end of your Team Trial (or earlier if you so choose), in order for you and your Business Users to continue using and accessing the Site, you must convert your Team Trial into a paid Business Plan and pay the applicable Business License Fee.

3.2.2 Individual Plan

(a) Individual License. If you choose or purchase a CriticalSkills360 individual subscription plan (an “Individual Plan”), CriticalSkills360 grants you, and you alone, a non-exclusive, non-transferable, revocable, limited license (“Individual License”) to use the Site for the subscription term length set forth during Checkout (the “Initial Individual Term”) in strict accordance with these Terms of Use for non-commercial home or personal use only. If you purchase a “monthly” plan, your Initial Individual Term is one month from the date of purchase, whereas the purchase of an “annual” plan results in a one-year Initial Individual Term. Any renewal of the Initial Individual Term (or a Renewal Individual Term), whether such renewal occurs by way of your Automatic Individual Renewal, Checkout, or otherwise, shall be deemed a “Renewal Individual Term”, and together with the Initial Individual Term, the “Individual Term”, as applicable.

(b) Individual License Fee. We may include a separate charge for any applicable sales, use, value-added, or excise taxes, and any other similar taxes, duties or charges of any kind, other than taxes on CriticalSkills360’s income, imposed by any country, state, or local governmental entity on any amounts payable by you under these Terms of Use. We will remit taxes collected, if any, to the appropriate taxing authority.

3.2.3 Business Plan

(a) Team and Business Licenses. If you purchase a team or business subscription plan (“Team Plan” or “Business Plan”) through our Site or through a separate CriticalSkills360 provided order form (“Order Form”), CriticalSkills360 grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Service for the subscription term length set forth during Checkout or a Sales Order (the “Initial Business Term”) in strict accordance with these Terms of Use. Any renewal of the Initial Business Term (or a Renewal Business Term), whether such renewal occurs by way of your Automatic Team or Business Renewal, Checkout, a renewal Sales Order, or otherwise, shall be deemed a “Renewal Team Plan” or  “Renewal Business Plan”, and together with the Initial Team or Business Term, the “Team Term” or “Business Term”, as applicable.

(b) Team and Business Subscription Seats. The Team or Business License allows a specific number of your employees or affiliate employees to register as CriticalSkills360 users (each, a “Team User” or “Business User”) and receive access to the Site by way of your Team or Business License. Each Team or Business User must be designated by the business purchasing the Team or Business License or by such business’s designated Plan Manager, after which each Team or Business User will be uniquely enabled to register for a CriticalSkills360 account and receive access to use the Site through an individual single-use team or business subscription (an “Individual Team Subscription” or “Individual Business Subscription”). Each Individual Team or Business Subscription is to be used solely by the named Team or Business User and for the internal purposes of the business provisioning the Team or Business License. Each Individual Team or Business Subscription is specific to each Team User or Business User and may not be shared amongst Business Users nor may it be shared amongst multiple employees, affiliate employees, contractors, agents, or other individuals.

(c) Additional Seats. As a Business Plan subscription holder you may purchase additional Seats during the Business Term at the then-current price. The use of the Service is conditioned upon timely payment of each Seat added, which will be prorated for the number of days remaining in your then-current Business Term.

(d) Team and Business License Fee. We may include a separate charge for any applicable sales, use, value-added, or excise taxes, and any other similar taxes, duties or charges of any kind, other than taxes on CriticalSkills360’s income, imposed by any country, state, or local governmental entity on any amounts payable by you under these Terms of Use. We will remit taxes collected, if any, to the appropriate taxing authority.

(e) Team or Business Plan Manager. As a Business Plan subscription holder, you may designate one or more of your employees to act as plan manager(s) (each, a “Plan Manager”) with regard to your Business Plan. Any Plan Manager you authorise will have the ability to purchase Individual Business Subscriptions and assign and authorise them to your Business Users via the Site’s Business Plan administrative functionalities. Should you require  or desire it, the CriticalSkills360 team can assign and authorise the Individual Business Subscriptions on your behalf after your purchase so long as you provide us with the first name, last name, and email address of the individuals that will be your Business Users entitled to access the Site subject to these Terms of Use. Contact sales@criticalskills360.com for more details.

(f) Publicity. As a Business Plan subscription holder, you agree that we may include your name in a list of customers and identify that you are a user of CriticalSkills360. We may post your company name and logo on our Site and promotional materials provided that such use may be for informational purposes only in marketing efforts, and for no other purpose.

4. PRICING AND PAYMENTS

4.1 Pricing. The prices of courses on CriticalSkills360 are based on a plan subscription model and determined according to the terms of our Pricing and Promotions Policy. We regularly run promotions and sales for our courses and where certain single courses or bundles may be on promotion and are only available at discounted prices for a set period of time. The price applicable to courses or a plan will be the price at the time you complete your purchase of the course or plan (at checkout). Any price offered for a particular course or plan 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 to new users only. The listed currency you see is based on the country where you are located. Users are also enabled to view pricing in other currencies.

If you are a student located in a country where use and 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. In certain countries, the price you see may include such taxes.

In some instances, the price of a plan or course offered on the CriticalSkills360 website may not be exactly the same as the price offered on our mobile or TV applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.

4.2 Price Changes. We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your subscription; however, to the extent you have paid your Subscription Fee in advance, the increase or decrease will not become effective for your Plan until the end of your current Term or your next renewal. If we notify you in advance of at least fifteen (15) days, your continued use of CriticalSkills360 and the Online Courses after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may terminate your subscription by cancelling at any time. If you accept the new subscription, its terms and conditions with these Terms of Use will apply for all future months.

4.3 Payments: CriticalSkills360’s grant of the Individual, Team or Business License is expressly conditioned on timely payment of the then-applicable license fee in advance for all Individual Team or Business Subscriptions on or added to your Team or Business Plan in the amount and on the billing frequency set forth during Checkout or in a Sales Order (individually, and collectively, the “Subscription License Fee”). If payment is not received within the required time period, we may suspend your access to the Service until payment is received. Except as set forth in the Terms, all Subscription fees are non-refundable.

4.3.1 Payment by Debit or Credit Cards, PayPal®, or Third Parties. By registering for, subscribing to, or purchasing a Business Plan or other product or service offered CriticalSkills360 and providing billing information during Checkout or otherwise, you grant us and our authorised third-party payment processor(s) the right to process payment for your Business License Fee or product or service purchase via the debit card, credit card, PayPal® account, third-party payment provider, or reseller you provide, authorise, or maintain on your Business Plan account (individually, and collectively, “Business Payment Method”).

4.3.2 Payment by Invoice. If you choose to be invoiced during Checkout (or choose to have a third-party payment provider or reseller be invoiced on your behalf) rather than using a Business Payment Method, your Business License Fee will be billed as of the effective date of the subscription start date set forth during Checkout or a Sales Order. You hereby agree the Business License Fee is due as of the date of any CriticalSkills360 invoice, payable within thirty (30) days of said date.

  • Manual Subscription Payments.If you elect to pay by manual monthly

subscription payment for an Individual, Team or business Plan, you will be required to make a payment each month in order to manually renew your subscription and to maintain your access to the Online Courses. Your two (2) day refund period will start upon your payment and access to the Online Course. In the event that you fail to manually renew your monthly subscription payment, your access to the Online Course will end at the end of the monthly period for which you have paid. If you terminate your manual subscription and re-enrol for the same Plan, you will gain access to the Online Courses and be provided a seven (7) day refund period, provided however, Learners are only entitled to one refund per Plan.

  • Pre-Orders for Subscription Plans.If you elect to pre-order and secure a subscription in an Individual, Team or Business Plan, you will be required to provide your accurate Payment Method, however your Payment Method will not be charged at the time of the pre-order. Your Payment Method will only be charged when the Plan officially starts and you receive access to the Online Course content and associated services. Thereafter your Payment Method will be charged in accordance with the terms that you selected at the time of your pre-order.

4.3.3 Auto-Renewal of Individual Subscription Licenses: BY REGISTERING FOR, SUBSCRIBING TO, OR PURCHASING AN INDIVIDUAL PLAN AND PROVIDING BILLING INFORMATION DURING CHECKOUT, YOU GRANT US AND OUR AUTHORISED THIRD-PARTY PAYMENT PROCESSOR(S) THE RIGHT TO PROCESS PAYMENT FOR YOUR INDIVIDUAL LICENSE FEE VIA THE DEBIT CARD, CREDIT CARD, MOBILE APP OR PAYPAL® ACCOUNT YOU PROVIDED DURING CHECKOUT OR MAINTAIN ON YOUR ACCOUNT (your “Individual Payment Method”) ON OR NEAR THE SAME DAY OF EACH MONTH. YOU UNDERSTAND AND AGREE THAT AT THE END OF EACH INDIVIDUAL TERM WE WILL AUTOMATICALLY RENEW YOUR INDIVIDUAL PLAN FOR THE SAME LENGTH OF TERM AND PROCESS YOUR INDIVIDUAL PAYMENT METHOD FOR PAYMENT OF THE INDIVIDUAL LICENSE FEE AT THE THEN-APPLICABLE PRICE FOR AN INDIVIDUAL PLAN (said process, “Automatic Individual Renewal”). To change or terminate your Subscription or Automatic Individual Renewal, go to your Account page or contact us at support@CriticalSkills360.com. If you terminate your Subscription during the subscription term, you may use your Subscription until the end of the then-current term and your Subscription will not be renewed after the then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the Subscription Fee paid for the then-current subscription term. If payment is not received within such time period, or if we are unable to renew your Individual Plan based on inaccurate or outdated Individual Payment Method information, we may suspend or terminate your Individual Plan, in our sole discretion. Unless you opt out of auto-renewal, your Subscription will be automatically extended following any subscription term, for the same period of time as the subscription term, at the then-current rate.

4.3.4 Automatic Team and Business Renewal. Unless otherwise set forth in Checkout or a Sales Order, YOU UNDERSTAND AND AGREE THAT AT THE END OF EACH APPLICABLE TEAM OR BUSINESS TERM WE WILL AUTOMATICALLY RENEW YOUR TEAM OR BUSINESS PLAN (INCLUDING THE NUMBER OF ALL INDIVIDUAL TEAM OR BUSINESS SUBSCRIPTIONS ON YOUR TEAM OR BUSINESS PLAN) FOR THE SAME LENGTH OF TERM AND PROCESS YOUR TEAM OR BUSINESS PAYMENT METHOD OR INVOICE FOR PAYMENT OF THE APPLICABLE TEAM OR BUSINESS LICENSE FEE FOR THE RENEWAL TEAM OR BUSINESS TERM AT THE THEN-APPLICABLE PRICE FOR THE APPLICABLE TEAM OR BUSINESS PLAN.

4.4 Taxes. When you purchase any Plan, Online Course or other Service or Product from CriticalSkills360, you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that CriticalSkills360 determines it is required to collect (“Taxes”). Please note that CriticalSkills360 will calculate the “estimated Taxes” at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorise CriticalSkills360 to modify and charge any Taxes owed by you upon confirming the tax rate. Please also note that where VAT collection is required, if any, VAT will be calculated and added at checkout. You hereby agree to indemnify and hold CriticalSkills360 harmless against any and all claims by any tax authority for any underpayment of any Taxes, including, without limitation, VAT, and any related penalties and/or interest.

5. CANCELLATIONS, CREDITS AND REFUNDS

5.1 INDIVIDUAL CANCELLATIONS

5.1.1 Cancelling your automatic subscription: Your automatic monthly renewal  subscription will continue unless and until you graduate, cancel your subscription, or we terminate it. You may cancel your automatic subscription at any time by going to ‘Subscription & Billing’ setting found in your account ‘Settings’, then click ‘Cancel’ on your active enrolment. You can also contact us at support@criticalskills360.com requesting to cancel your automatic subscription. You must cancel your automatic monthly subscription the day before your next billing date occurs in order to avoid being billed for the next period’s monthly fee. If you choose to cancel your automatic monthly subscription, you will continue to have full access to courses under your chosen plan until the end of the current period, there is no refund for the remaining period of the month in which you cancelled. Following your subscription cancellation, you will continue to have limited access to the Online Course materials, for more information please see “Support FAQ – Post Plan Limited Access”.

5.1.2 Cancellation terms for Pre-Orders for Subscriptions: You may cancel your pre-order subscription at any time during the pre-order period, that is, any time prior to the date on which your course starts. Thereafter, you will have the cancellation and refund terms associated with the type of subscription model you have ordered (automatic monthly renewal, promotion, manual renewal or term-based), please see the appropriate section herein.

5.1.3 Cancellation Terms for Promotion offering. For a Promotion offering payment model, you will be provided the two (2) day cancellation and refund period within which to cancel your purchase. Following the two (2) day refund period, there will be no further refunds, including no partial refunds, for termination during the fixed, multi-month term, or during any monthly automatic subscription periods following the initial fixed, multi-month term. For information on how to cancel your monthly automatic subscription period, please see the ‘Cancelling your automatic subscription’ Section above.

5.1.4 Cancellation terms for Term-based payments. Except as otherwise required by law or subject to contractual obligations, Users enrolling in term-based offerings have two (2) days from the first date the term begins. In order to cancel and request a full refund go to your account settings and cancelling or by contact us at support@criticalskills360.com. Fees paid for such programs are thereafter non-refundable for that Term.

5.2 TEAM AND BUSINESS PLAN CANCELLATIONS

5.2.1 For Cause. Either the business that purchased the Team or Business Plan or CriticalSkills360 may terminate the Team or Business Plan or any Sales Order prior to its expiration if the other party breaches these Terms of Use or a Sales Order and fails to cure said breach within thirty (30) days after receipt of written notice thereof. Except for instances arising from CriticalSkills360’s uncured breach, all fees or charges related to your Business Plan are non-refundable and all unpaid fees are due and payable immediately upon termination.

5.2.2 For Convenience. A Team or Business Plan may be terminated for convenience by sending written notice to CriticalSkills360 at least thirty (30) days prior to the expiration of the then-current Team or Business Term; however, in the event of any termination for convenience all portions of the Team or Business License Fee are completely non-refundable. With respect to any Team or Business Term still in effect as of the date of such termination for convenience, and upon your request, your Team or Business Plan will remain active to the end of your then-current Team or Business Term to the extent your Team or Business License Fee has been paid; provided that these Terms of Use will continue in effect and govern such Team or Business Term until its expiration or earlier termination for cause.

Following your request to cancel via your settings or contacting the support team, you may receive an email from CriticalSkills360 for the purposes of obtaining information and feedback relating to your request, so that CriticalSkills360 can better understand its customers’ needs and preferences. You also consent to participate in a call with a CriticalSkills360 representative for similar purposes. Notwithstanding such communications, you will not be required to engage in such communications in order to complete your cancellation. Additionally, you acknowledge and agree that CriticalSkills360 may retain and store your information on CriticalSkills360’s systems for archival purposes notwithstanding any termination or cancellation of your account or Plan.

5.3 REFUNDS

5.3.1 Individual Subscription Refunds. Other than stated above for each form of enrolment or payment method, you hereby acknowledge and agree that CriticalSkills360 will not offer refunds on any fees and charges related to your purchase of any products or Services. This includes any partially used or unused periods for which you have already paid, regardless of whether it is an automatic term subscription, promotion, bundled, manual subscription or one-time term payment method. We do not guarantee refunds for lack of usage or dissatisfaction. For subscription-based enrolments, upon the termination of your subscription—whether by disenrollment or graduation—you will not be charged for future monthly fees. However, you will not be issued a refund for the most recently (or any previously) charged fees. In addition, if you cancel your subscription, and subsequently re-enrol for a plan, you will not be entitled to an additional two (2) day refund period, only one refund is permitted per Learner per Subscription. If you purchase any Subscription or Service through a mobile purchase or third-party marketplace (e.g., in-app purchases through the Apple App Store, Android App Store or purchases made through certain alternative payment services), the refund policy applicable to that third-party marketplace will apply, unless otherwise explicitly stated by CriticalSkills360. Except as otherwise explicitly stated by CriticalSkills360, the third-party marketplace will be solely responsible for making refunds under its refund policy, and CriticalSkills360 will have no refund obligations. CriticalSkills360 disclaims any responsibility or liability related to any third-party marketplace’s refund policy or the third party’s compliance or noncompliance with such policy.

5.3.2 Business Subscription Refunds. Refunds processed in connection with Business Services shall go only to the original Business Purchaser of the Business Services and no case will be paid out to the User. You or any User receiving Business Services may not access free trial periods or subscriptions for Business Services, Sponsored Services or other discounting programs of CriticalSkills360 Business Services purchases. CriticalSkills360 reserves the right to modify or update this Terms of Use with respect to activation and enrolment limitations for Business Services at any time and/or discontinue or modify the program or services related to a program. As a User enrolled through a Business Services, you acknowledge and agree that you may not request refunds, or other remedies from CriticalSkills360 as a result of the termination of any of the Business Services or access thereto, or of your access to the CriticalSkills360 Services.

6. ONLINE COURSES PROVIDED BY EDUCATIONAL PARTNERS.

6.1 Account Access. CriticalSkills360 may make certain Online Courses available to Learners and Attendees in partnership with, or on behalf of, its Educational Partners, and access may be provided to you through your User Account on the CriticalSkills360 platform. You acknowledge and agree that (a) the Educational Partner may have its own terms, policies, or procedures regarding your eligibility to participate in the Online Course, your continued participation in the Online Course, the requirements or prerequisites for receiving credit or certification for the Online Course, and/or your educational or Learner records as they may relate to your participation and performance in the Online Course, and (b) your educational or Learner records are maintained by the Educational Partner, including for purposes of assigning credit or certification, and not CriticalSkills360. And (c) any such credit or certification you receive for participation in Online Courses provided by an Educational party, may only be awarded directly by that Educational Partner based on its own policies and procedures, and you may be required by that Educational Partner to be registered or enrolled with the Educational Partner in order to receive such credit or certification at their discretion (d) If you are not accessing, using, or taking an Online Course on the CriticalSkills360 Websites provided by an Educational Partner, then, subject to your satisfactory performance determined in the sole discretion of CriticalSkills360, you may be awarded a verified certificate of accomplishment upon conclusion of the applicable Online Course (“Verified Certificate”), and you acknowledge that any such Verified Certificate awarded may not be affiliated with any college, university, company, or other certifying institution, and may not stand in the place of a course taken with an Educational Partner or convey academic credit or certification for any Educational Partner. You acknowledge and agree that instructors of any Educational Partner provided Online Course will not be obligated to make any attempts to get the course recognised by any accredited or other educational institution and you will abide by the Learner Conduct Policy listed below.

7. EMPLOYEE AND BUSINESS SPONSORED ACCESS

If you access subscription products or services or other CriticalSkills360 pre–paid or third party paid subscriptions through your employer or other company you are otherwise associated with (“Business Purchaser”), your access to the Services shall be subject to the terms contractually executed with CriticalSkills360 and your employer or the associated company association (“Business Services”). Information related to your use of, and progress in, the Online Course will be shared with the Business Purchaser as set forth in our Privacy Policy. You also understand that the Business Purchaser, at its discretion, may limit, suspend, or terminate your use of all Business Services, such as access to Instructors, evaluation services, or records of Online Course completion.

8. THIRD PARTY LINKS AND ADS

8.1 Third-Party Links & Ads. The Service may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not under the control of CriticalSkills360, and CriticalSkills360 is not responsible for any Third-Party Links & Ads. CriticalSkills360 provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to any Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

9. CONTENT RIGHTS AND RULES

9.1 User Content. User Content means any information and content that a user submits to, or uses with, the Service (e.g., content in the user’s profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not and will not violate the Restrictions in Section 10 and 11 below. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by CriticalSkills360.

9.2 Forum, Blog and Chatroom Services. CriticalSkills360 may provide Users with the   ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, “User Content”). CriticalSkills360 is not responsible for that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. By using any of the communications methods available on the Online Courses, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by CriticalSkills360 in any manner (unless expressly stated otherwise by CriticalSkills360) and (c) communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by CriticalSkills360 in any manner, though CriticalSkills360 reserves the right to do so at any time at its sole discretion in accordance with this Terms of Use.

9.3 Social sharing and CriticalSkills360 profiles. To the extent you utilise any features of our Service that allow for public and/or social sharing of Forum content, User Content, or Profiles (as defined in our Privacy Policy), you understand that such information may be made available to third parties. While we attempt to limit access to your such content to legitimate Users, and ask that potential employers keep your information confidential, we cannot guarantee that other third parties will not gain access to this database. Additionally, we cannot guarantee control of the use made of socially shared information by third parties who access information you’ve shared on our Profiles database. Once socially shared information, including, but not limited to, your Profile, has been disclosed, we are not able to retrieve it from the third parties who accessed it or ensure the destruction of it by those third parties.

You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognise that we cannot control third parties’ access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offences or proceedings (viii) information relating to unlawful or objectionable conduct, or (ix) any Social Security Number or national identification number.

9.4 Licenses. When you post comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorise CriticalSkills360 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 thus 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 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 CriticalSkills360 for the syndication, broadcast, distribution, or publication of content on other media. You represent and warrant that you have all the rights, power, and authority necessary to authorise us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

9.5 Removal of content. CriticalSkills360 reserves the right to remove any User Content at any time and for any reason. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

10. CODE OF CONDUCT AND HONOUR CODE

10.1 You will not use the Service to:

(i) collect, upload, transmit, display, or distribute any User Content

(ii) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

(iii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable;

(iv) that is harmful to minors in any way; or

(v) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

10.2 In addition, you agree not to:

(i) upload, transmit, or distribute to or through the Service any computer viruses, worms, or any software intended to damage or alter a computer system or data;

(ii) send through the Service unsolicited or unauthorised advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;

(iii) use the Service to post, list, harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent;

(iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Service, or violate the regulations, policies or procedures of such networks;

(v) attempt to gain unauthorised access to the Service (or to other computer systems or networks connected to or used together with the Service), whether through password mining or any other means;

(vi) defame, abuse, harass, stalk, threaten or otherwise violate or interfere with any other user’s use and enjoyment of the Service and legal rights (such as rights of privacy and publicity) of others;

(vii) use software or automated agents or scripts to produce multiple accounts on the Service, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Service (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).

(viii) Publish, post, upload, distribute, disseminate or offer to do the same (“Post”) any topic, name, material, information or other content that is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, libellous, fraudulent, deceptive, disparaging inappropriate, profane, vulgar, obscene, indecent, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;

(ix) Post material containing software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents;

(x) Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;

(xi) Impersonate, or falsely state or otherwise misrepresent your affiliation with, any other person or entity;

(xii) Falsify or delete any author attribution, legal or other proper notice or proprietary designation or label of the origin or source of software or other material contained in a file that is posted;

(xiii) Copy, modify, create a derivative work of, or reverse engineer any portion of the Web Site or its contents.

11. COPYRIGHT INFRINGEMENT CLAIMS & DISPUTE RESOLUTION

The rights and intellectual property of others are very fundamental and important to us and CriticalSkills360 gives them utmost respect. We ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact CriticalSkills360 at copyrights@criticalskills360.com with the following information:

  • your name, address, telephone number, and email address;
  • a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
  • a description of where the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses r and/or specific link to the same;
  • a statement by you that you have a good faith belief that the disputed use is not authorised by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorised to act on such owner’s behalf; and
  • your electronic or physical signature as the owner or person authorised to act on behalf of the owner of the product, copyright or other intellectual property interest.

11.1 Initial Dispute Resolution. Each of you and we agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating an arbitration. We are available by email at support@CriticalSkills360.com to address any concerns you may have regarding these Terms or your use of the Services. Most concerns may be quickly resolved in this manner.

11.2 Going to Arbitration. If we can’t resolve our dispute amicably, you and CriticalSkills360 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.

11.3 The Arbitration Process. Any disputes that involve a claim of less than $10,000 USD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by registering an arbitration request with the Arbitration Court of Harare, Zimbabwe. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction.

11.4 Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

11.5 30 Day Right to Opt-Out. You can opt out of this agreement to arbitrate by sending a written request to notices@CriticalSkills360.com with the subject OPT-OUT within thirty (30) days of first accepting these Terms of Use, or within thirty (30) days of any subsequent modification to the arbitration agreement set forth in this Section. Your request to opt-out of arbitration must include your (i) name, (ii) mailing address, (iii) email address, and (iv) express request to opt-out from the arbitration agreement set forth in this Section. If you opt-out of this agreement to arbitrate consistent with the procedure set forth above, all other terms and conditions set forth in these Terms of Use shall continue to apply to your use of the Services.

11.6 Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state courts located in Harare, Zimbabwe. The parties expressly consent to exclusive jurisdiction in High Court, Harare, Zimbabwe for any litigation other than small claims court actions.

11.7 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 member 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.

11.8 Rejection of Changes. Notwithstanding the “Updating these Terms” section below, if CriticalSkills360 changes this “Dispute Resolution” section after the date you last indicated acceptance to these Terms, you may reject any such change by providing CriticalSkills360 written notice of such rejection by mail or hand delivery to: Attn: Legal, CriticalSkills360, 4 Norest Heights, Quinton Road, Greystone Park, HARARE. or by email from the email address associated with your Account to: notices@CriticalSkills360.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 CriticalSkills360 in accordance with the provisions of this “Dispute Resolution” section as of the date you last indicated acceptance to these Terms.

12. INDEMNIFICATION

12.1 Indemnification: If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to defend, indemnify and hold harmless CriticalSkills360, its directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns (each, a “CriticalSkills360 Indemnitee”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims”) arising out of or relating to: (i) your violation of these Terms of Use, the Mobile Terms, or the Professional Services Terms; (ii) your User Content or Feedback posted to the Site; (iii) any use by you of the Site’s material, content, services, or products other than as expressly authorised in these Terms of Use; or (iv) your use of any information obtained from the Site.

12.2 Indemnification Procedure: You agree to cooperate as fully as reasonably required in the defense of any Claims, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.

13. REPRESENTATIONS, WARRANTIES AND LIMITATIONS ON LIABILITY

13.1 Your Representations and Warranties. You represent and warrant that:

(i) You are (i) 18 years of age or older or an emancipated minor, and (ii) are fully able and competent to form a binding contract with CriticalSkills360 by entering into these Terms of Use.

(ii) You are over the age of 13 as all portions of the Site are not intended for children under 13. If you are over 13 years of age, you may register for an account or otherwise use the Site; provided that you are doing so only with the involvement, supervision, and approval of a parent or legal guardian;

(iii) You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Site, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.

13.2 Authority. You and CriticalSkills360 each represent, warrant, and covenant that it has the full power and authority to:

(i) enter into an agreement subject to these Terms of Use;

(ii) perform its obligations hereunder, and that its performance hereunder does not conflict with, limit, or be contrary to any other agreement;

(iii) and that by so doing, it does not violate any applicable laws or any contractual relationship.

13.3 CriticalSkills360 Intellectual Property. We represent, warrant, and covenant that:

(i) we have and will have all rights, titles, licenses, intellectual property, permissions and approvals necessary in connection with our performance under these Terms of Use to grant you the License and rights granted hereunder; and

(ii) neither the Site (including the Proprietary Materials), nor the provision or utilization thereof as contemplated under these Terms of Use, will infringe, violate, trespass or in any manner contravene or breach or constitute the unauthorised use or misappropriation of any intellectual property of any third party.

13.4 No Warranty: It may happen that our platform is down and therefore not accessible, either for planned maintenance or because something has gone down on the Site. It may happen that one of our instructors is making misleading statements in their course. It may also happen that we encounter security issues. These are just examples. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER CRITICALSKILLS360 NOR ANY PERSON OR ENTITY ASSOCIATED WITH CRITICALSKILLS360 MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER CRITICALSKILLS360 NOR ANY PERSON OR ENTITY ASSOCIATED WITH CRITICALSKILLS360 PROMISES, REPRESENTS OR WARRANTS THAT THE SITE OR CONTENT OBTAINED THROUGH THE SITE OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CRITICALSKILLS360 HEREBY CriticalSkills360: Terms of Use (v. 1.1.1) Page 20 of 24 DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 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.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13.5 Limitation on Liability: IN NO EVENT WILL CRITICALSKILLS360, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU, ANY OF YOUR AFFILIATES OR BUSINESS USERS, OR ANY THIRD PARTY WITH RESPECT TO THE SITE OR THE SUBJECT MATTER OF THESE TERMS OF USE UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORESEEABLE, FOR: (i) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE AMOUNT YOU HAVE PAID TO CRITICALSKILLS360 FOR THE SITE IN THE ONE (1) MONTH IMMEDIATELY PRIOR TO LIABILITY ARISING; (ii) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL; (iii) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iv) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (v) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDERS OR INDEPENDENT CONTRACTORS (INCLUDING MENTORS) PROVIDING SERVICES ON BEHALF OF CRITICALSKILLS360 OR VIA THE SITE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. MISCELLANEOUS LEGAL TERMS

14.1 Binding Agreement: You agree that by registering, accessing or using our Services, you are agreeing to enter into a legally binding contract with CriticalSkills360. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are an instructor 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 authorised to do so.

Any version of these Term 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 an instructor, the Course Creator Agreement and the Pricing and 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.

14.2 Non-Waiver. Failure by CriticalSkills360 to enforce any provision(s) of these Terms of Use will not be construed as a waiver of any provision or right. If any provision of these Terms of Use is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions of these Terms of Use.

 

14.3 Governing Law and Jurisdiction: These Terms are governed by the laws of the State of Zimbabwe without reference to its choice or conflicts of law principles. Where the “Dispute Resolution” section below does not apply, you and we consent to the exclusive jurisdiction and venue of the High Court in Harare, Zimbabwe.

 

14.4 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. 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;

CriticalSkills360

4 Norest Heights

Quinton Road

Greystone Park

Harare, Zimbabwe

Attn: Legal Counsel

Email: notices@CriticalSkills360.com

Any notice given otherwise than in accordance with this Section will be deemed ineffective. All other feedback, comments, requests for technical support, or other communications relating to the Site should be directed to the CriticalSkills360 support team by emailing support@CriticalSkills360.com

14.5 Relationship Between Us: You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

  • No Agency: Nothing in these Terms of Use will be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither CriticalSkills360 nor any other party to these Terms of Use has, or may hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that is binding on the other, except as provided for herein or authorised in writing by the party to be bound.
  • We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms of Use. You may not assign or otherwise transfer your licenses, rights, obligations, or duties granted under these Terms of Use, in whole or in part, without our prior written consent, in our sole discretion. Any attempted transfer or assignment of these Terms of Use without the prior written consent of CriticalSkills360 will be null and void ab initio. These Terms of Use will be binding upon and will inure to the benefit of the permitted successors and assigns of each party to these Terms of Use.
15. MODIFICATION OF THESE TERMS OF USE AND SITE

15.1 Changes to Terms of Use: CriticalSkills360 reserves the right in its sole discretion to modify and/or make changes to these Terms of Use, Privacy Policy or any other documents, policies or terms incorporated by reference in our sole discretion and at any time from time to time so as to clarify our practices or to reflect new or different practices (such as when we add new features). If we make any material changes, any such change or modification will be effective immediately upon posting to the Sites and Applications or as of the date indicated in the updated Terms of Use. Any revised Terms shall supersede all previous Terms. However, any changes will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Site. We will take reasonable steps to notify you of any changes or modifications, but you agree to review the Site periodically to be aware of any changes or modifications.

16. HOW TO CONTACT US

Should you want to get in touch with us regarding these Terms of Use and any other matter that is not sales related, please do so through our support team at support@CriticalSkills360.com. We look forward to your questions, concerns, ideas and feedback about our Services.