TERMS OF USE

Introduction

Welcome to Skillied! We are an online marketplace for studios, classes, schools, institutions, businesses, teachers, instructors and other providers of live educational experiences (“Providers”) to list their offerings, and for our student users (“Students”) to find what interests them and book a seat. Our Providers work with many formats such as workshops, classes, lessons, private instruction and others, but for convenience we refer to all of these formats as Classes. We are all about learning in real life, and more specifically, about learning locally.

Skillied services are provided by Skillied LLC and its third party subcontractors. These Terms of Use, which include our Privacy Statement, govern your access and use of our website Skillied.com, and the content, features and services we make available to Providers and Students. By accessing or using any Skillied services you agree to these Terms of Use. We may revise these Terms of Use at any time. Any revisions will be effective when posted on our website. If you do not agree with these Terms of Use or any revision of them, do not use Skillied services.

1. Use of Skillied Services

  1. Providers. To use our services, Providers must register on Skillied.com, furnishing the required information, and go through our standard approval process To list a Class, Providers must upload to Skillied.com the required information on that Class, and update that information with any changes such as time, place, name of teacher, seat availability etc.
  2. Students. Students may search and browse Classes on Skillied.com, and may book classes after registering as a user.
  3. All Users. All users of Skillied services must be at least 18 years of age and be able to enter into legally binding contracts. Students and Providers may de-register from Skillied at any time provided the de-registering party has no pending booking made on Skillied.com.

2. Payments

  1. Students. Skillied does not charge Students to register as a Skillied user, or to book a Class. When booking a Class on Skillied.com, Students must pay in full the fee charged by the Class Provider, using a payment method available on Skillied.com. The Class fee charged to a Student on Skillied.com will not be greater than the fee for the same Class charged by the Provider to other students who did not book through Skillied.
  2. Providers. We do not charge for Providers to register, or to list Classes, but we do charge a fee to Providers for each booking made on Skillied.com. The fee is established in connection with the registration of Providers and the listing of Classes on Skillied.com. Skillied’s standard commission is 25% of the amount paid by a Student, unless otherwise agreed between Skillied and the Provider. The Class fee paid by a Student, less the respective Skillied fee, will be paid directly to the Provider by our third party payment processing agent, normally within 3-5 business days after a booking is made. We may temporarily reduce our fees in connection with promotions. Such reductions will be effective upon, and subject to, posting on Skillied.com.
  3. Refunds; Cancellations. Any cancellation of a Class by a Provider will result in a full credit or refund of the amount paid by Students who booked that Class on Skillied.com. Students will not be entitled to a refund if they are not permitted to take the Class by the Provider for reasonable cause, such as failure to meet the posted terms of the Class, failure to provide proof of identity, or unruly behavior. Refunds, if any, for cancellation of a booking of a Class by a Student, will be subject to the cancellation policy posted with the listing of the Class at the time of the booking. Any refunds will be processed using the same payment method used by the Student for the booking.

3. Conduct of Users of Skillied Services

When using Skillied.com services or any Skillied services offline, you:

  • Will use the Skillied services only in compliance will all applicable laws, third party rights and these Terms of Use.
  • Will not post or upload any content that is false, misleading, inaccurate, defamatory, libelous, vulgar, obscene, pornographic invasive of a person’s privacy, hateful, harassing, threatening, bigoted, violent, or otherwise objectionable or that harms or can reasonably be expected to harm any person or entity, whether or not such material is protected by law.
  • Will not manipulate the price of any Class or our fee structure or our payment process.
  • Will not upload or post any (a) advertising, promotional or commercial material not directly related to a Class listing, (b) spam, junk, chain letters, pyramid schemes etc. or (c) any material containing viruses, spyware, malware or any other computer code, files or programs that could interfere with the functioning of our website or with the experience of our users, or could destroy all or any portion of our website or any content properly uploaded or posted on it.
  • Will not harvest or otherwise gather information about other users.
  • Will not upload, post or copy any content on Skillied.com in a way that violates or infringes any trademark, copyright, patent, trade secret or other intellectual property right.

4. Modifications to Skillied Services

We reserve the right, in our sole discretion, to modify our website and any other Skillied services at any time and without notice, including removing, adding or modifying any portion of our website or other Skillied materials, or removing any Classes or Providers. We will have no liability to any user for such actions. If you object to any such changes, your sole recourse will be to discontinue using Skillied services.

5. Licenses for Use

  1. For Users. We grant all Students and Providers a royalty free, limited, non-exclusive, non-sublicensable, non-transferable license to access and use our website and all Skillied services and all content therein solely for their personal, non-commercial use.
  2. From Users. By submitting content, in any form or format, to us, users grant (i) to Skillied and our successors and assigns a royalty free, limited, non-exclusive, sub-licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works or, display and otherwise use such content in connection with our website and our (and our successors’ and assigns’) business; and (ii) to other users, a royalty free, limited, non-exclusive, non-sublicensable, non-transferable license to access and use such contact in connection with their use of the Skillied website and services, for personal, non-commercial use.

6. Disclaimers and Limitation of Liability

SKILLIED SERVICES INCLUDING OUR WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS.

WE SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, WHETHER BASED ON CONTRACT, TORT OR ANY OTHER BASIS, ARISING FROM (I) THESE TERMS, (II) THE USE OR THE UNAVAILABILITY FOR USE, OR DELAY, OF OUR WEBSITE OR ANY OTHER SKILLIED SERVICES, (III) ANY CONTENT OR OMISSION THEREIN, OR (IV) ANY CLASS LISTED OR BOOKED ON SKILLIED.COM. SKILLIED IS NOT AN AGENT, AND TAKES NO RESPONSIBILITY FOR, PROVIDER OR STUDENT USERS OF SKILLIED SERVICES OR SUBCONTRACTORS OF SKILLIED, OR THE ACTS OR OMISSIONS OF ANY OF THE FOREGOING.

7. Privacy Statement

We do not sell or rent your personal information, and take commercially reasonable measures to protect your privacy. We use your personal information only in connection with our business. Financial information of users, including credit card information and other financial information, and personal information needed for compliance and verification purposes, is collected and stored by our third party payment processing company, and its storage, use and protection is governed by its privacy policy. We may from time to time request and receive user financial information from our payment processor in connection with our business for purposes such as discounts, rebates, and refunds, and addressing possible fraudulent transactions. We store and process your information on computers located in the United States. Non financial personal information of Students may be shared with Providers in connection with booking and attending Classes. We are not responsible for privacy policies and practices of Providers. We may share aggregate non personal and non identifying information with users and third party service providers and use it to evaluate, analyse and promote and market our services. We may amend our privacy policy and practices at any time.

8. Termination

We may suspend or terminate the access to or use of our website or any other Skillied services by any user at any time. You agree that Skillied will not be liable to you for any such termination. You are free to discontinue using our website or other Skillied services at any time, including by deregistering as a Student or deregistering as a Provider and delisting Classes, if class does not have signed-up students.

9. User Representations and Indemnity

You represent and warrant that you or your employees own or otherwise have the right to use all content submitted by you to Skillied, that all such content is accurate and not misleading, and that the use and exploitation of such content by Skillied, its users, and third party service providers to Skillied will not violate any third party rights, including without limitation intellectual property rights and rights of privacy. You will indemnify, hold harmless and (at Skillied’s request) defend Skillied and its officers, directors, employees and subcontractors from and against all claims arising or resulting from (i) any content submitted by you, (ii) your use of Skillied services, or (iii) any breach or alleged breach by you of these Terms of Use.

10. Notices and Other Communications

  1. Notices. We may give legal or other notices to Students and Providers by email to the email address, or by mail to the mailing address, provided during the registration process. Notices to Skillied may be sent by email to hello@skillied.com or by mail to Skillied LLC, 1951 NW 7th Ave., Miami, FL 33136, attention Manager.
  2. Other Communications. Please address any questions, comments, concerns, complaints or compliments regarding Skillied’s services or your user experience to hello@skillied.com.

11. Governing Law

These Terms of Use are governed by and construed in accordance with the laws of the State of Florida, without giving effect to any conflict of law principles.

12. Binding Arbitration and Class Action Waiver

In the event a dispute arises between Skillied and a user, we will attempt to resolve it fairly, promptly and amicably. If amicable resolution is not achieved within 60 days from the date notice was given of a dispute, you or we may commence arbitration. You or we may also elect to litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court. If a dispute it not resolved amicably or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator. EXCEPT IN THE CASE OF SMALL CLAIMS COURT (IF AVAILABLE) YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administrated by and under the rules of the American Arbitration Association. PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor we will seek to have a dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

13. Amendments

We may amend these Terms of Use at any time by posting the amended terms on our website.




Last updated: September 1, 2017

Skillied LLC
1951 NW 7th Ave.
6th Floor
Miami, FL 33136
hello@skillied.com