This web site is owned and operated by Skills Day Learning Services (“we”, “our”, or “us” or the “Company”). We understand and value your privacy. We want to make your experience online satisfying and safe.
In general, you can visit the Site without telling us who you are or revealing any personally identifiable information about yourself. By providing your Personal Information to us, you explicitly agree to our collection and use of such information as described in this Policy.
If you choose to register, and are 13 years of age or older, we will collect and process such information from you, including but not limited to the below mentioned(“Personal Information”):
- (a)Information that you provide to us by filling in forms. This includes contact information such as name, email address, mailing address, phone number, financial information, if any, unique identifiers such as preferences information such as favourites lists, transaction history.
- (b)Information that you provide when you write directly to us (including by e-mail).
- (c)Information that you provide to us by writing on our blogs;
- (d)Information relating to logs is automatically reported by your browser each time you access our Site. When you use the Site, our servers automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (IP) address, browser type, referring/ exit pages and URLs, number of clicks, domain names, landing pages, pages viewed, and other such information. We use this information, which does not identify users, to analyze trends and to gather demographic information about the user base as a whole. We do not link this automatically-collected data to personally identifiable information.
- (e)We may collect information about your general internet usage by using a cookie file which is stored on the hard drive of your computer. Cookies help us improve our Site and deliver a better and personalized service. Cookies enable Us:
- i.to estimate Our users’ usage size and pattern;
- ii.to store information about your preferences, and allow us to customize our Site according to your interests;
- iii.to speed up your searches;
- (f)to recognize you when you return to our Site.
Usage of Collected Information
We use the information we collect for following purposes, including:
- (a)To provide, personalise, maintain and improve our products and services, such as to enable support and other services, enable features to personalise your Skills Day account;
- (b)To carry out our obligations arising from any contracts entered into between you and us and to provide you with the relevant information and services;
- (c)To administer and enhance the security of our Skills Day Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
- (d)To provide you with information about services we consider similar to those that you are already using, or have enquired about, or may interest you such as promotional offers. If you are a registered user, we will contact you by electronic means (e-mail or push notifications or SMS or telephone) with information about these services;
- (e)To understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, make special offers, provide customer support, process and respond to your queries;
- (f)To generate and review reports and data about, and to conduct research on, our user base and Service usage patterns;
- (g)To allow you to participate in interactive features of our Services, if any; or
- (h)To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you.
- (i)To remind you of completing payments to obtain course access and remind you about class timings or class reschedule or class cancellations if any
We may combine the information that we receive from third parties with the information you give to us and information we collect about you for the purposes set out above. Further, we may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Policy, and it may be used and disclosed to others without limitation.
We analyse the log files of our Skills Day Platform that may contain Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring, app crashes, page viewed and exit websites and applications, operating system, date/time stamp, and clickstream data. This helps us to administer the website, to learn about user behavior on the site, to improve our product and services, and to gather demographic information about our user base as a whole.
We are committed to protecting children’s privacy online. This Site is intended for users above the age of 13. We do not knowingly collect payment related information from children.
If you use or provide services on the Site for which we implement a billing system for you, we will collect additional information from you so that we can process and collect billing information. For example, we may collect your mailing address to remit payments.
The Site uses software tags called “Cookies” to identify customers when they visit our Site. Cookies are used to remember user preferences and maximize performance of our services. The information we collect with cookies is not sold, rented, or shared with any outside parties. Users who disable their Web browser’s ability to accept cookies will be able to browse our Site but may not be able to successfully use our Service.
We use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided in your Internet browser’s “help” file. Persistent cookies enable us to track and target the interests of our users to enhance the experience on our Site.
Third Party Cookies:
Links to Third Party Sites
Our Site may, from time to time, contain links to and from the websites of our affiliated merchants, partner networks, affiliates and other third parties. The inclusion of a link does not imply any endorsement by us of the third party website, the website’s provider, or the information on the third party website. If you follow a link to any of these websites, please note that these websites may be governed by their own privacy policies and we disclaim all responsibility or liability with respect to these policies or the websites. Please check these policies and the terms of the websites before you submit any information to these websites.
We maintain log files of the traffic that visits our Site. We do not link any information gathered in these log files to Personal Information. Log files are used to manage traffic loads and information technology requirements for providing reliable service. Information collected includes IP addresses and browser types.
All information you provide to us is stored on our secure servers. As a registered user with an account and a password, you are responsible for keeping your password confidential. We take commercially reasonable safeguards to protect and preserve the integrity and security of your Personal Information submitted to us, both during transmission and once we receive it against loss, theft, unauthorised access, disclosure, reproduction, use or amendment. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially reasonable means to protect your Personal Information, we assume no liability for any disclosure of information due to errors in transmission, unauthorised third party access or other acts of third parties, or acts or omissions beyond our reasonable control and you agree that you will not hold us responsible for any breach of security unless such breach has been caused as a direct result of our gross negligence or wilful default.. If we learn of a security systems breach we may attempt to notify you electronically so that you can take appropriate protective steps. By using this Site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this site. We may post a notice on our Site if a security breach occurs. We may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.
Retention of Information
We will keep Personal Information of our users for as long as they are registered subscribers or users of our products and services, and as permitted by law.
Sharing your personal information
If you have purchased Skills Day course, we may ask you for testimonial, we will display your testimonial on our website, photos and videos or in our social media channels such as Facebook, LinkedIn YouTube, Quora, Medium or Flickr. You should be aware that your publicly identifiable information could be used to send you promotional, unsolicited messages. We are not responsible for your personal information which you have chosen to display.
If you don’t want us to feature your pictures/testimonials on our website or on our social media channels, you can raise a support ticket from your Skills Day Log in.
Personal Information Corrections
You can contact us if you notice that the information we are holding is incorrect or incomplete. Please raise a support ticket from your Skills Day Log in.
If you choose to register for our products and services, we will send you certain promotional emails. Promotional emails advertise our products and services and/or the products and services of our Users and Affiliates. If you do not want to receive promotional emails from us, you may elect to opt-out of receiving promotional emails at any time by hitting the “unsubscribe” button at the bottom of any of our e-mails.
RESIDENT OF EUROPEAN UNION
From the 25th of May, 2018, the processing of Personal Information of ‘users based in the European Union (“EU”) is subject to the EU General Data Protection Regulation (“GDPR”). This section provides information as relates to EU users’ rights, and our responsibilities, under this regulation.
- (A)DATA TRANSFERS
Company is headquartered in the Kenya, and we have operations, entities, and service providers in the Information and throughout the world. As such, we and our service providers may transfer your Personal Information to, or store or access it in, jurisdictions that may not provide equivalent levels of data protection as your home jurisdiction. We will take steps to ensure that your Personal Information receives an adequate level of protection in the jurisdictions in which we process it. If you are in the EU, we provide adequate protection for the transfer of Personal Information to countries outside of the EU through a series of intercompany agreements based on the standard contractual clauses authorized under EU law. You are entitled to obtain a copy of these agreements by contacting us as described below.
- (B)ACCESS TO PERSONAL INFORMATION
We rely on consent in connection with Personal Information collections or uses that are necessary to enhance the user experience, to enable optional services or features, or to communicate with you.
- Withdrawal of consent
We believe that we are only entitled to access or use your Personal Information as long as we have your consent to do so. Whenever we rely on your consent, you will always be able to withdraw that consent.
We will also erase all your Personal Information that we hold, upon your request to us to do so. Provided that we may decline to process your request if we believe that doing so could impede the right of freedom of expression and information of others or when doing so is contrary to the local applicable laws.
- Access to personal information
We are committed to be completely transparent vis-à-vis the Personal Information that we hold. You can ask us to share with you all the Personal Information that we hold of yours, and we will do so.
In case you feel that your Personal Information with us is inaccurate, we allow you to have it rectified by placing a request with us in that regard.
We may decline to process requests that are frivolous/ vexatious, can jeopardize the privacy of others, and processing which would be highly impractical. For placing a request to exercise any of these rights, you can get in touch with us or our data protection officer – using the details set out below.
Additionally, our website allows you to edit your personal information by accessing the “my account,” “my profile,” or a similar feature. Similarly, you can delete other files or information you have stored by logging in and using the available functions to delete.
- (C)OBJECTIONS AND COMPLAINTS
- Users from and in the EU have the right to object to our processing of Personal Information.
- Users in the EU also have the right to file a complaint relating to our handling of your Personal Information.
To file a complaint or objection, please raise a ticket from your Skills Day Log in.
- (D)GROUNDS OF PROCESSING
When we process your Personal Information, we will only do so in the following situations:
- We need to use your Personal Information to perform our responsibilities in relation to Services provided to you.
- We have a legitimate interest in processing your Personal Information. For example, we have a legitimate interest in processing your Personal Information to provide, secure, and improve our Services, in communicating with you about changes to our Services, and in informing you about new services or products.
- The processing is necessary to fulfil Company’s legal obligations. Company is subject to legal requirements in the jurisdictions in which it operates that require us to collect, process, disclose and retain your Personal Information. Company may also share information with law enforcement, or requests by third parties pursuant to legal processes.
- (E)SECURITY REQUIREMENT
We are well placed to meet the security requirements of the GDPR. Our services are backed by robust, state-of-the-art technical and organizational safeguards, dedicated security and privacy teams.
- (F)TRANSFER OF PERSONAL INFORMATION TO THIRD COUNTRIES
We will ensure that transfer of Personal Information of users of the EU shall only take place where the EU Commission has decided that the third country, a territory or one or more specified sectors within that third country, or the international organisation in question ensures an adequate level of protection. Albeit, it shall be done without any specific authorization.
We reserve the right to disclose your Personal Information as required by law and when we believe that disclosure doing so in Skills Day’s interest to protect its property or other legal rights or the rights or property of others.
Governing Law and Dispute Resolution
This Policy shall be governed by and construed in accordance with the laws of the Republic of Kenya. Subject to arbitration, the courts at Bangalore shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with this Policy.
If any dispute arises between Skills Day and You in connection with or arising out of the validity, interpretation, implementation or alleged breach of any provision of the Policy, such dispute shall be referred to arbitration in accordance with the Kenyan Arbitration and Conciliation Act. Arbitration shall be conducted by one (1) arbitrator mutually appointed by Skills Day and You. The seat of arbitration shall be Bangalore, Karnataka. The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
This Site is operated in the Kenya. If you are visiting from other regions with laws governing data collection and use that may differ from Kenyan law, please note that you are transferring your personal data to Kenya, which does not have the same data protection laws and by providing your personal data you consent to:
- •The transfer of your personal data to the Kenya as indicated above.
Skills Day is also not making any representation that the content contained on the Product is appropriate or to be used or accessed outside of the Republic of Kenya and your use or access of the Site from outside the Republic of Kenya, is at your own risk and you are responsible for compliance with the laws of such jurisdiction.
Merger, Sale or Insolvency
If Skills Day should ever file for bankruptcy or have its assets sold to or merge with another entity, information Skills Day receives from you from this Site is a Company asset that may be transferred in connection with these types of corporate events.
Phone: +254 113 908 508
If you have a grievance regarding our services, please reach out to email@example.com
- About Skills Day
1.2. These terms, unless the same has been specifically excluded by any other instrument to which Skills Day and/or an user are subject to, including this introductory section, create a binding legal contract between you and Skills Day. by using skills day products, you represent and warrant that you have read, understood, and agree to be bound by these terms. if you do not accept these terms, you must not use – and are not authorized to use – all or any portion of Skills Day products.
1.3. For the purposes of the Terms, The term “User(s)/You” shall mean and include all persons, natural or artificial, that visit the Site including those that have agreed to become registered users on the Site by providing registration data while registering on the Site as registered users accessing Skills Day Products through the Website. If you are a parent, guardian, or other natural person who enables a child to access Skills Day Products, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. This Site is intended for use by a natural person only if such natural person is 13 (Thirteen) years of age or older.
1.4 If you are using or opening an account to use Skills Day Products on behalf of a company, entity or organization (each a “Subscribing Entity”), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Entity with the authority to bind such entity to these Terms, and (ii) agree to be bound by these Terms on behalf of such Subscribing Entity.
3.1 Skills Day Products enable the Users to learn via recorded instruction. The Services include, without limitation, facilitating and hosting Courses, and taking feedback from Users.
3.2 You understand and agree that these Terms are agreed to in consideration of your use of Skills Day Products and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
3.3 Changes to these Terms. Skills Day reserves the absolute right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Site. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of Skills Day Products after any revision to these Terms constitutes your binding acceptance of the revised Terms. Notwithstanding the preceding sentences of this section, no revisions to these Terms will apply to any dispute between you and Skills Day that arose prior to the date of such revision.
3.4 Evolving Nature of Services. Skills Day Products are new and subject to change at any time. We are continually looking to improve Skills Day Products but if you are at any time dissatisfied with Skills Day Products, then your sole remedy is to discontinue use of Skills Day Products.
3.5 Electronic Notices. By using Skills Day Products or communicating with us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of Skills Day Products. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an email to you.
4. Connectivity Costs and Equipment
4.1 You are solely responsible for all service, internet, telephony and/or other fees and costs associated with your access to and use of Skills Day Products, including, but not limited to, any data charges imposed by a wireless carrier or Internet service provider, and for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
4.2 Skills Day uses internally developed systems for making Skills Day Products available to the User. These systems may encounter technical or other limitations, and computer and communications hardware systems might experience interruptions. Further, Skills Day continually enhances and improves these systems in order to accommodate the level of use of the Site. Skills Day may also add additional features and functionality to Skills Day Products that might result in the need to develop or license additional technologies. Increased utilization of the Site or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information. The User agrees that Skills Day shall not be liable to the User or to any third party claiming through the User for any such failures contemplated herein.
5 Fees and Taxes
5.1 Accessing the Site and browsing Courses is free of cost. Company however reserves the right to change its fee policies at any time in its sole discretion, including charging for access to the Site, but no fee change will be binding upon you until you agree to such fee changes.
5.2 Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method that is accepted by Skills Day in its sole discretion. If your payment method fails or your account is past due, then we may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with us and/or retaining collection agencies and legal counsel. We may also block your access to any Company Products pending resolution of any amounts due by you to Company.
6. General Disclaimer
6.1 We have no mechanism to control comments/discussions posted on the Site and, as such, we cannot guarantee in any manner the reliability, validity, accuracy or truthfulness of such contents. You also understand that by using the Site you may be exposed to Submitted Contents which you may consider offensive, indecent, or objectionable. You hereby agree to indemnify and hold Skills Day harmless from and against any and all claims, notices and actions that you may have arising out of your access or use of any Submitted Content.
6.2 Those who choose to access or use Skills Day Products from other locations, including from outside Kenya, may do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to or use of Skills Day Products from jurisdictions where the contents or practices of Skills Day Products are illegal, unauthorized or penalized is strictly prohibited.
7.1 You shall only access Skills Day Products for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of Skills Day Products. You agree not to use Skills Day Products or Skills Day Content (as defined below) to recruit, solicit, or contact in any form Instructors or potential users for employment or contracting for a business not affiliated with us without our advance written permission, which may be withheld in our sole discretion. You assume any and all risks from any meetings or contact between you and any Instructors or other Users of Company Products. You should be careful before meeting any Instructor or other User in person and should only do so in public. Remember to always be safe.
8 Specific Obligations of Users using the Site
8.1 As a User, you agree that:
8.1.1 You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Site or registering for a Course.
8.1.2 If you are under the age of 18 (Eighteen), you have obtained parental or legal guardian consent before using the Site, or registering for a Course;
8.1.3 You also agree that you will not do any of the following on or through Skills Day Products;
220.127.116.11 upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
18.104.22.168 post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, misleading, infringing, defamatory or libelous content;
22.214.171.124 manipulate or interfere with Skills Day Products; and
126.96.36.199 reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from or otherwise use and exploit any Submitted Content or other content obtained from any Company Products without our express written permission or the permission of Skills Day.
9 Registration and Identity Protection
9.1 To use certain Company Products, you will need to register and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account, username, and password (collectively, the “Account”) and for all activities and liabilities associated with or occurring under your Account. You must notify us (a) immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each Course. We cannot and will not be responsible for any loss or damage arising from your failure to comply with the foregoing requirements or as a result of use of your Account, either with or without your knowledge, prior to your notifying us of unauthorized access to your Account. However, you agree that you will be liable for any losses incurred by us or another party due to any use of your Account, excluding only uses following your notification to us of unauthorized access to your Account.
9.2 You may not transfer your Account to any other person and you may not use anyone else’s Account at any time. In cases where you have authorized or registered another individual, including a minor, to use your Account, you are fully responsible for (i) the online conduct of such User; (ii) controlling the User’s access to and use of the Services; and (iii) the consequences of any misuse.
10 Accuracy of Account Information
10.1 In consideration of your use of Company Products, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by Company’s registration form (such information being “Your Data”), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current, incomplete or misleading, or if we believe that such information is untrue, inaccurate, not current incomplete or misleading, then we reserve the right to suspend or terminate your account and refuse or restrict any and all current or future use of Skills Day Products, without any liability to you.
11 User and Submitted Content
11.1 Any materials, information, communications or ideas that you upload, communicate or otherwise transmit or post to us on or through Company Products (the “Submitted Content”) will be treated as non-confidential and subject to the license below, and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public, and otherwise used and exploited by us for any purpose related to the delivery, marketing, promoting, demonstrating or operating Skills Day Products, including, but not limited to, for quality control, redistribution or display to Users, and professional development.
12.1 You acknowledge that the software, the technology underlying the Services, and all other software, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, and other data or copyrightable materials, including the selection and arrangements thereof, provided or made available to you in connection with Skills Day Products (collectively, the “Company Content”) are the proprietary property of Company and its affiliated and/or third party providers and suppliers (the “Third Parties”) .
12.2 You agree that any and all material displayed on the Site is solely for your personal use and you shall not, whether directly or indirectly, copy, reproduce, republish, post, upload, transmit or distribute such material in any manner and through any media including by way of e-mail or other electronic means and shall not assist any other person in doing so. Modification of the said materials or use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal use is a violation of the said copyrights, trademarks and other intellectual proprietary rights, and is expressly prohibited. Unless otherwise specified, when any content is downloaded to your computer, you do not obtain any ownership interest in such content or any use of the content for any other purpose. Skills Day reserves all rights not expressly granted to you.
12.3 All services rendered by you as a part of this agreement are works made for hire. Company shall have exclusive and sole ownership on the intellectual property developed by us as a part of this agreement. The entire right, title, and interest in and to all copyrights in the Work; all registrations and copyright applications relating thereto and all renewals and extensions thereof; all works based upon, derived from, or incorporating the Work; all income, royalties, damages, claims and payments now or hereafter due or payable with respect thereto; all causes of action, either in law or in equity for past, present, or future infringement based on the copyrights; and all rights corresponding to the foregoing throughout the world shall vest with Company with respect to the works pursuant to this agreement.
13 Other Prohibited Uses
13.1 In using Skills Day Products, you further agree not to:
13.1.1 Upload or otherwise transmit to or through the Services any information or content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, including by incorporating any such material in Submitted Content;
13.1.2 Upload or otherwise transmit to or through the Services any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to Skills Day Products or computers of any kind.
13.1.3 Create a false identify or impersonate another person or entity in any way;
13.1.4 Restrict, discourage or inhibit any person from using Skills Day Products, disclose personal information about a third person on or through Company Products or obtained from Company Products without the consent of such person or collect information about Users of Skills Day Products;
13.1.5 Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of Skills Day Products or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of Skills Day Products, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by Company;
13.1.6 Gain unauthorized access to the Services, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
13.1.7 Reproduce, distribute, publicly display, publicly perform, communicate to the public, sell, trade, resell or exploit any portion of Skills Day Products, use of Skills Day Products, access to Skills Day Products or content obtained through Skills Day Products, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without Company’s express written consent;
13.1.8 framing, embedding and/or passing off Submitted Content obtained from Skills Day Products in such a manner as to present them as originating from a source other than Skills Day Products;
13.1.9 copying, caching or reformatting any Submitted Content for commercial purposes in any manner whatsoever, whether by copying to physical or electronic media for purposes of buffering delivery or converting transmissions from Skills Day Products to alternative delivery formats;
13.1.10 altering, defacing, mutilating or otherwise bypassing any approved software through which Skills Day Products are made available; and using any trademarks, service marks, design marks, logos, photographs or other content belonging to Company or obtained from Skills Day Products;
13.1.11 Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of Skills Day Products or communications equipment and computers connected to Skills Day Products;
13.1.12 Remove, disable, damage, circumvent or otherwise interfere with any security-related features of Skills Day Products, features that prevent or restrict the use or copying of any part of Skills Day Products or any content accessible on or through Company Products, or features that enforce limitations on the use of Skills Day Products or any content accessible on or through Company Products;
13.1.13 Use any scraper, spider, robot or other automated means of any kind to access Skills Day Products, except and solely to the extent permitted by these Terms and the features of Skills Day Products, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site or Services;
13.1.14 Interfere with or disrupt Skills Day Products, networks or servers connected to Skills Day Products or violate the regulations, policies or procedures of such networks or servers;
13.1.15 Violate any applicable federal, state or local laws or regulations or these Terms; and
13.1.16 Assist or permit any persons in engaging in any of the activities described above.
14.1 We offer users a two (2)- day , no-question-asked money back guarantee on all courses.
14.2 The refund should be claimed within 2 days of registration.
14.3 No such request will be entertained after 2 days.
14.4 If we believe that you are abusing our refund policy, it will be our sole discretion to suspend or terminate your account and refuse or restrict any and all current or future use of company products, without any liability to you.
14.5 Company reserves the absolute rights to revise these terms without prior notice to you other than by posting revised terms on the website.
14.6 Make a refund request by sending an email to firstname.lastname@example.org
15 Procedure for Reporting Claimed Infringement
15.1 If you believe that any content made available on or through Skills Day Products has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a “Notification of Claimed Infringement” containing the following information to Skills Day address. Your communication must include substantially the following:
15.2 A physical or electronic signature of a person authorized to act on behalf of the owner of the work(s) that has/have been allegedly infringed;
15.3 Identification of works or materials being infringed, or, if multiple works are covered by a single notification, a representative list of such works;
15.4 Identification of the specific material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
15.5 Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
15.6 A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
15.7 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
16.1 As you use Skills Day Products you may notice links to third-party websites (“Third Party Sites”). This may include Instructors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for your review. These links are for convenience only. If you use these links, you will leave the Site. Certain of these Third-Party Sites may make use of Company proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from Company. Company is not responsible for the availability or content of these Third Party Sites or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not Company is affiliated with the owners of such Third Party Sites. In addition, the provisioning of these links to Third Party Sites is not an endorsement or approval by Company of the organizations sponsoring such Third Party Sites or their products or services, and you may be subjected to offensive, harmful, or damaging content on such Third Party Sites. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software or services.
16.2 YOU AGREE THAT COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY CONTENT OR ADVERTISING ON THE THIRD PARTY SITES.
17 Disclaimer; Warranty Disclaimer
17.1 You understand that when using skills day products, participating in a course, or accessing company content or submitted content, you may be exposed to products, photographs, music, artwork, messages, and other materials from a variety of sources, and that company is not responsible for the accuracy, integrity, quality, legality, usefulness, safety of or relating to such products, content or materials. you further understand and acknowledge that you may be exposed to products, content or materials that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against company with respect thereto.
17.2 To the fullest extent permissible pursuant to applicable law, company and its affiliates, partners, licensors, and suppliers hereby disclaim all express, implied, and statutory warranties of any kind, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. no advice or information, whether oral or written, obtained by you from company, an employee or representative of company or through the services will create any warranty not expressly stated herein. company and its affiliates, partners, licensors, and suppliers do not warrant that the services or any part thereof, or any products or content offered through the services, will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected. you understand and agree that you use, access, download, or otherwise obtain information, materials, or data through skills day products, any associated sites or applications, and any third-party sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system used in connection with skills day products) or loss of data that results from the download or use of such material or data.
18 Limitation of Liability
18.1 Under no circumstances, including, but not limited to, negligence, shall company, or any of its officers, directors, employees, agents, successors or assigns, or any other contractors or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out or relating to the use, or the inability to use, skills day content, skills day products, courses, submitted content or any portion thereof, even if we or an authorized representative of company has been advised of the possibility of such damages. If your use of skills day products, company content, services or submitted content or any portion thereof results in the need for servicing, repair or correction of equipment or data, you assume any and all costs thereof. in no event shall company or its licensors or suppliers be liable in the aggregate for any damages incurred by you that exceed the greater of (a) one hundred dollars or (b) the amount of commissions company has received as a result of your use of company products in the 12 months prior to the action giving rise to the liability.
19.1 You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates’ respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorneys’ fees and related costs and expenses, due to or arising out of any content you submit, post to, email, or otherwise transmit to us or through the Site or Services, your use of Skills Day Products, Skills Day Content or any portion thereof, your connection to the Site or Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
20 Modification of Services
20.1 We may add, change or eliminate features, pricing, nomenclature and other aspects of Skills Day Products and make other changes at any time and these Terms will continue to apply to Skills Day Products as modified. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, Skills Day Products (or any part thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, suspension, or discontinuance of all or any portion of Skills Day Products.
21. Dispute Resolution
21.1 Mandatory Arbitration. Please read this carefully. It affects your rights. You and company and each of our respective subsidiaries, affiliates, predecessors in interest, successors, and permitted assigns agree to arbitration (except for matters that may be taken to court) in accordance with the Kenyan arbitration and conciliation act, as the exclusive form of dispute resolution except as provided, for all disputes and claims arising out of or relating to these terms or your use of skills day products.
21.2 There shall be one (1) arbitrator appointed mutually by Skills Day and You and the seat of the arbitration shall be Bangalore Kenya The language of the arbitration proceedings and of all written decisions and correspondence relating to the arbitration shall be English.
21.3 These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya and subject to the provisions of arbitration set out herein, the courts at Bangalore shall have exclusive jurisdiction in relation to any disputes arising out of or in connection with these Terms.
22. Termination of Services; Termination of Agreement
22.1 We may terminate your use of Skills Day Products immediately without notice for any breach by you of these Terms, or any of our applicable policies as posted on the Site from time to time or for breach of applicable laws. Furthermore, we may terminate your rights to use Skills Day Products for any other reason or no reason.
22.2 In the event of termination or expiration of these Terms, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, disclaimer; warranty disclaimer, limitation of liability, dispute resolution, any other provisions of these Terms which, by their nature, apply after termination, and the miscellaneous provisions below. You agree that upon the termination, we may delete all information related to you on the Services and may bar your access to and use of Skills Day Products. Upon the termination you will immediately destroy any downloaded or printed Company Content.
22.3 You are free to terminate your use of Skills Day Products at any time. You can simply choose to stop visiting or using any aspect of Skills Day Products. If you wish to terminate your account on the Site or with the Services, you may do so by raising a support ticket from your Skills Day Log in or using any other account termination functionality that may be offered through Skills Day Products.
23.1 All electronic communications and content presented and / or passed to Skills Day, including that presented and/or passed from remote access connections, may be monitored saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of Skills Day in the exercise of their duties, or by law enforcement authorities who may be assisting Skills Day in investigating possible contravention/non-compliance with applicable laws. Electronic communications and content may be examined by automated means. Further, Skills Day has the right to reject, at its sole discretion, from the Site any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of Skills Day. Skills Day shall not be under any obligation to furnish any clarifications or answers in the event it so rejects any content posted by the User. However, Skills Day has full authority to review the content posted by Users on the Site.
24.1 Entire Agreement. These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.All electronic communications and content presented and / or passed to Skills Day, including that presented and/or passed from remote access connections, may be monitored saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of Skills Day in the exercise of their duties, or by law enforcement authorities who may be assisting Skills Day in investigating possible contravention/non-compliance with applicable laws. Electronic communications and content may be examined by automated means. Further, Skills Day has the right to reject, at its sole discretion, from the Site any electronic communications or content deemed not to be in compliance with the corporate policies and procedures of Skills Day. Skills Day shall not be under any obligation to furnish any clarifications or answers in the event it so rejects any content posted by the User. However, Skills Day has full authority to review the content posted by Users on the Site.
24.2 Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
24.3 Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Company to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
24.4 Notice. Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
24.5 No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture partner, agent, legal representative, employer, contractor or employee of the other. Neither Skills Day nor any other party to this Terms shall have, or 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 shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.
As an instructor, you are contracting directly with Skills Day regardless of whether another Skills Day subsidiary facilitates payments to you.
1. Instructor Obligations
As an instructor, you are responsible for all content that you post, including lectures, quizzes, coding exercises, practice tests, assignments, resources, answers, course landing page content, and announcements (“Submitted Content“).
You represent and warrant that:
- you will provide and maintain accurate account information;
- your Submitted Content will not infringe or misappropriate any third party’s intellectual property rights;
- you have the required qualifications, credentials, and expertise (including education, training, knowledge, and skill sets) to teach and offer the services that you offer through your Submitted Content and use of the Services; and
- you will ensure a quality of service that corresponds with the standards of your industry and instruction services in general.
You warrant that you will not:
- post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information;
- post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
- use the Services for business other than providing tutoring, teaching, and instructional services to students;
- engage in any activity that would require us to obtain licenses from or pay royalties to any third party, including the need to pay royalties for the public performance of a musical work or sound recording;
- frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
- impersonate another person or gain unauthorized access to another person’s account;
- interfere with or otherwise prevent other instructors from providing their services or courses; or
- abuse Skills Day resources, including support services.
2. License to Skills Day
Unless otherwise agreed, you have the right to remove all or any portion of your Submitted Content from the Services at any time. Except as otherwise agreed, Skills Day ‘s right to sublicense the rights in this section will terminate with respect to new users 60 days after the Submitted Content’s removal. However, (1) rights given to students before the Submitted Content’s removal will continue in accordance with the terms of those licenses (including any grants of lifetime access) and (2) Skills Day ‘s right to use such Submitted Content for marketing purposes shall survive termination.
We may record all or any part of your Submitted Content for quality control and for delivering, marketing, promoting, demonstrating, or operating the Services. You grant Skills Day permission to use your name, likeness, voice, and image in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Services, your Submitted Content, or Skills Day ‘s content, and you waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law.
3. Trust & Safety
3.1 Trust & Safety Policies
We reserve the right to remove courses, suspend payouts, and/or ban instructors for any reason at any time, without prior notice, including in cases where:
- a course falls below our quality standards or has a negative impact on the student experience;
- an instructor engages in behavior that might reflect unfavorably on Skills Day or bring Skills Day into public disrepute, contempt, scandal, or ridicule;
- an instructor engages the services of a marketer or other business partner who violates Skills Day ‘s policies; or
- as determined by Skills Day in its sole discretion.
3.2 Co-Instructors and Teaching Assistants
The Skills Day platform allows you to add other users as co-instructors or teaching assistants for courses that you manage. By adding a co-instructor or teaching assistant, you understand that you are authorizing them to take certain actions that affect your Skills Day account and courses. Skills Day is not able to advise on any questions or mediate any disputes between you and such users. If your co-instructors have an assigned revenue share, their share will be paid out of your earned revenue share based on the ratios you have specified in your Course Management settings as of the date of the purchase.
3.3 Relationship to Other Users
Instructors don’t have a direct contractual relationship with students, so the only information you’ll receive about students is what is provided to you through the Services. You agree that you will not use the data you receive for any purpose other than providing your services to those students on the Skills Day platform, and that you won’t solicit additional personal data or store students’ personal data outside the Skills Day platform. You will indemnify Skills Day against any claims arising from your use of students’ personal data.
3.4 Anti-Piracy Efforts
We partner with anti-piracy vendors to help protect your courses from unauthorized use. To enable this protection, you hereby appoint Skills Day and our anti-piracy vendors as your agents for the purpose of enforcing copyrights for each of your courses, through notice and takedown processes (under applicable copyright laws like the Digital Millennium Copyright Act) and for other efforts to enforce those rights. You grant Skills Day and our anti-piracy vendors primary authority to file notices on your behalf to enforce your copyright interests.
You agree that Skills Day and our anti-piracy vendors will retain the above rights unless you revoke them by sending an email to email@example.com with the subject line: “Revoke Anti-Piracy Protection Rights” from the email address associated with your account. Any revocation of rights will be effective 48 hours after we receive it.
4.1 Price Setting
When creating a course, you will be prompted to select a base price (“Base Price“) for your course from a list of available price tiers. Alternatively, you may choose to offer your course for free. As a premium instructor, you will also be given the opportunity to participate in certain promotional programs under the terms of our Promotions Policy (“Promotional Programs“).
If you do not opt to participate in any Promotional Programs, we will list your course for the Base Price or the closest local or mobile app equivalent (as detailed below).
You give us permission to share your courses for free with our employees, with selected partners, and in cases where we need to restore access accounts who have previously purchased your courses. You understand that you will not receive compensation in these cases.
4.2 Transaction Taxes
If a student purchases a product or service in a country that requires Skills Day to remit national, state, or local sales or use taxes, value added taxes (VAT), or other similar transaction taxes (“Transaction Taxes“), under applicable law, we will collect and remit those Transaction Taxes to the competent tax authorities for those sales. We may increase the sale price at our discretion where we determine that such taxes may be due.
4.3 Promotional Programs
Skills Day offers several optional marketing programs (Promotional Programs) in which you can choose to participate. These programs can help increase your revenue potential on Skills Day by finding the optimal price point for your courses and promoting them through additional marketing channels.
There is no up-front cost to participate in these programs, and you can modify your participation status at any time, though changes you make will not apply to currently active campaigns.
5.1 Revenue Share
When a student purchases your course, we calculate the gross amount of the sale as the amount actually received by Skills Day from the student (“Gross Amount“). From this, we subtract any Transaction Taxes, a 3% administrative and handling for any non-mobile provider checkout sales, and any amounts paid to third parties in connection with the Promotional Programs to calculate the net amount of the sale (“Net Amount“).
If you have not opted into any of Skills Day ‘s optional Promotional Programs, your revenue share will be 70% of the Net Amount less any applicable deductions, such as student refunds. If we change this payment rate, we will provide you 30 days notice using prominent means, such as via email or by posting a notice through our Services.
Skills Day makes all instructor payments in U.S. dollars (USD) regardless of the currency with which the sale was made, except in Kenya, where we use KES (Kenyan Shilling). We will assume transaction processing fees, excluding foreign currency conversion fees and wiring fees. Your revenue report will show the sales price (in local currency) and your converted revenue amount (in USD).
5.2 Receiving Payments
For us to pay you in a timely manner, you must own a PayPal, except in Kenya where we will pay using MPESA.
If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the instructor or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, require the instructor to refund any amounts refunded to students for the instructor’s courses.
6. Sanctions and Export Laws
You warrant that you aren’t restricted from using the Services under Kenyan sanctions or export laws (as an individual or as an officer, director, or controlling shareholder of any entity on whose behalf you use the Services). If you become subject to such a restriction while you are subject to these Instructor Terms, you will notify Skills Day within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to Skills Day ). You will not use the Services to conduct or facilitate any transaction with any other individual or entity subject to such a restriction. You may not remove, export, or allow the export or re-export of the Services (or any product thereof, including technical data) outside Kenya in violation of any restrictions, laws, or regulations of Kenya or any other applicable country.
7. Deleting Your Account
To remove/delete your account, send an email to firstname.lastname@example.org
8. Miscellaneous Legal Terms
8.1 Updating These Terms
From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Skills Day reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.
Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.
Any version of these Terms 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.
8.3 Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
The following sections shall survive the expiration or termination of these Terms: Sections 2 (License to Skills Day ), 3.3 (Relationship to Other Users), 5.2 (Receiving Payments), 5.3 (Refunds), 7 (Deleting Your Account), and 8 (Miscellaneous Legal Terms).
9. How to Contact Us
The best way to get in touch with us is to contact send an email to email@example.com