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.com, https://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, 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
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 firstname.lastname@example.org.
3. CRITICALSKILLS360 PLANS AND LICENSE TERMS
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.
(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.
3.2.2 Individual Plan
3.2.3 Business Plan
(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.
(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.
4.3 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 email@example.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 firstname.lastname@example.org. Fees paid for such programs are thereafter non-refundable for that Term.
5.2 TEAM AND BUSINESS PLAN CANCELLATIONS
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.
5.3.1 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.
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
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.
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 email@example.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.
11.6 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.
12.2 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:
(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:
(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:
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
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.
14.3 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;
4 Norest Heights
Attn: Legal Counsel
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.
16. HOW TO CONTACT US