SKILLSFUTURE is an educational service to the individual user that allows Members to study educational and training resources online. It also allows, in certain circumstances, community members to communicate with each other. “SKILLSFUTURE” refers to the website at SKILLSFUTURE.ORG. The services offered by SKILLSFUTURE (“SF” or “we”) include the SKILLSFUTURE website (the “SKILLSFUTURE Website”), the SKILLSFUTURE Internet messaging service, and any other features, content, or applications offered from time to time by SKILLSFUTURE in connection with the SKILLSFUTURE Website (collectively, the “SKILLSFUTURE Services”).
SKILLSFUTURE reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the SKILLSFUTURE Services at any time, for any or no reason, with or without prior notice, and without liability.
1. Eligibility. Use of and Membership in the SKILLSFUTURE Services is void where prohibited. By using the SKILLSFUTURE Services, you represent and warrant that (a) all registration information you submit is truthful, full (no abbreviations), and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the SKILLSFUTURE Services does not violate any applicable law or regulation.
2. Term. This Agreement shall remain in full force and effect while you use the SKILLSFUTURE Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member’s Account Settings page. SKILLSFUTURE may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5 to 17.
3. Password. When you sign up to become a member, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify SKILLSFUTURE immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for all use of your account.
4. Non-commercial Use by Members. The SKILLSFUTURE Services are for the personal use of Members only and may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by SKILLSFUTURE. Illegal and/or unauthorized use of the SKILLSFUTURE Services, including collecting usernames and/or e-mail addresses of Members by electronic or other means for the purpose of sending unsolicited e-mail or unauthorized framing of or linking to the SKILLSFUTURE Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the SKILLSFUTURE Services.
5. Proprietary Rights in Content on SKILLSFUTURE.
(1) The SKILLSFUTURE Services contain Content of SKILLSFUTURE (“SKILLSFUTURE Content”). SKILLSFUTURE Content is protected by copyright, trademark, patent, trade secret and other laws, and SKILLSFUTURE owns and retains all rights in the SKILLSFUTURE Content and the SKILLSFUTURE Services.
(2) The SKILLSFUTURE Services contain Content of Users and other SKILLSFUTURE licensors. You may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any content appearing on or through the SKILLSFUTURE Services.
6. Content Posted
(1) SKILLSFUTURE may delete any communication or content that, in the sole judgment of SKILLSFUTURE, (a) violates this Agreement (b) may be offensive or illegal or (c) harms, threatens the safety of, or violates the rights of any person. SKILLSFUTURE assumes no responsibility for monitoring the SKILLSFUTURE Services for inappropriate communication, content or conduct. If at any time SKILLSFUTURE chooses, in its sole discretion, to monitor the SKILLSFUTURE Services, SKILLSFUTURE nonetheless assumes no responsibility for any communication or Content. SKILLSFUTURE has no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any User submitting such Content.
(2) Private correspondence or Content is not necessarily reviewed by SKILLSFUTURE prior to posting and does not necessarily reflect the opinions or policies of SKILLSFUTURE. SKILLSFUTURE makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
7. Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the SKILLSFUTURE Services. SKILLSFUTURE reserves the right to investigate and take appropriate legal action against anyone who, in SKILLSFUTURE’s sole discretion, violates this provision, including without limitation, removing the offending communication from the SKILLSFUTURE Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of SKILLSFUTURE:
(1) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
(2) harasses or advocates harassment of another person;
(3) exploits people in a sexual or violent manner;
(4) contains nudity, violence, or offensive subject matter or contains a link to an adult website;
(5) solicits personal information from anyone under 18;
(6) provides any telephone numbers, street addresses, last names, URLs or e-mail addresses;
(7) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
(8) promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
(9) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
(10) contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
(11) furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
(12) solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
(13) involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
(14) includes a photograph of another person that you have posted without that person’s consent; or
(15) for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
(16) destructive criticism about other learners or any service in SKILLSFUTURE, or encouraging other users to such acts.
(17) The following is a partial list of the kind of activity that is illegal or prohibited on the SKILLSFUTURE Website and through your use of the SKILLSFUTURE Services. SKILLSFUTURE reserves the right to investigate and take appropriate legal action against anyone who, in SKILLSFUTURE’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
b) advertising to, or solicitation of, any Member to buy or sell any products or services through the SKILLSFUTURE Services. You may not transmit any chain letters or junk e-mail to other Members. It is also a violation of these rules to use any information obtained from the SKILLSFUTURE Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our Members from such advertising or solicitation, SKILLSFUTURE reserves the right to restrict the number of e-mails which a Member may send to other Members in any 24-hour period to a number which SKILLSFUTURE deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk e-mail, instant messages or other unsolicited communications of any kind through the SKILLSFUTURE Services, you acknowledge that you will have caused substantial harm to SKILLSFUTURE, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay SKILLSFUTURE US$100 for each such unsolicited e-mail or other unsolicited communication you send through the SKILLSFUTURE Services;
c) covering or obscuring the banner advertisements on your personal profile page, or any SKILLSFUTURE page via HTML/CSS or any other means;
d) any automated use of the system, such as using scripts to add friends or send comments or messages;
e) interfering with, disrupting, or creating an undue burden on the SKILLSFUTURE Services or the networks or services connected to the SKILLSFUTURE Services. This includes marking any mail from SKILLSFUTURE as spam. You may unsubscribe from SKILLSFUTURE emails at any time, for any reason, by following the instructions on the Member’s Account Settings page;
f) attempting to impersonate another Member or person;
g) using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
h) selling or otherwise transferring your profile;
i) using any information obtained from the SKILLSFUTURE Services in order to harass, abuse, or harm another person;
j) displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the SKILLSFUTURE Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;
k) using the SKILLSFUTURE Services in a manner inconsistent with all applicable laws and regulations.
8. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of SKILLSFUTURE to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to SKILLSFUTURE by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the SKILLSFUTURE Services in a way that constitutes copyright infringement, please provide SKILLSFUTURE with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the SKILLSFUTURE Services; (iv) your address, telephone number, and e-mail address; (v) a written statement by you that you have, in good faith, a belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
9. Member Disputes. You are solely responsible for your interactions with other SKILLSFUTURE Members. SKILLSFUTURE reserves the right, but has no obligation, to monitor disputes between you and other Members.
Additional Information: You may provide us with additional information to make public, such as a short biography, your location, or a picture. You may customize your account with information, etc so that we can help you find SKILLSFUTURE users you know. We may use your contact information to send you information about our Services or to market to you. You may unsubscribe from these messages by following the instructions contained within the messages or the instructions on our website. If you email us, we may keep your message, email address and contact information, and computer details (if available) to respond to your request. Providing the additional information described in this section is entirely optional, but we still can redirect you to a page to update/fill this information from time to time.
Our Services are primarily designed to help you share information with the world. Most of the information you provide to us is information you are asking us to make public. This includes not only the messages and notes you write about content and forum posts, but also any other place where you are able to type. The metadata provided with SKILLSFUTURE, such as when you are certified, shows up in your public profile page. Our default is almost always to make the information you provide public, but we generally give you settings to make the information more private if you want. Your public information is broadly and instantly disseminated. For example, your public information is searchable by many search engines. Users should be careful about all information that will be made public on SKILLSFUTURE (such as your public profile, comments and testimonials), not just posts. Under the SKILLSFUTURE terms and conditions, all registration information submitted must be truthful and accurate. SKILLSFUTURE offers an educational service, hence it is very important you enter only valid information, then set your profile to private if you wish. Once made private, the link will still show on search engine results for a few weeks, but when clicked the account information will no longer be visible.
Log Data: Our servers automatically record information (“Log Data”) created by your use of the Services. Log Data may include a non-private personal information such as your IP address, browser type, the referring domain, pages visited, your mobile carrier, device and application IDs, and search terms. Other actions, such as interactions with our website, applications and advertisements, may also be included in Log Data. If we haven’t already deleted the Log Data earlier, we will either delete it or remove any common account identifiers, such as your username, full IP address, or email address, after 18 months. SKILLSFUTURE keeps Users’ records/logs and other information as required for legal and administrative purposes only.
Our Services are not directed to people under 13. If you become aware that your child has provided us with personal information without your consent, please contact us. We do not knowingly collect personal information from children under 13. If we become aware that a child under 13 has provided us with personal information, we take steps to remove such information and terminate the child’s account.
11. Disclaimers. SKILLSFUTURE is not responsible for any incorrect or inaccurate Content posted on the SKILLSFUTURE Website or in connection with the SKILLSFUTURE Services, whether caused by Users of the SKILLSFUTURE Services or by any of the equipment or programming associated with or utilized in the SKILLSFUTURE Services. SKILLSFUTURE does not guarantee the efficacy of its learning content & material. Other provisions may be added to qualify the company’s liability to the presentation of effective quality education and training material. Profiles created and posted by Members on the SKILLSFUTURE Website may contain links to other websites. SKILLSFUTURE is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by SKILLSFUTURE. Inclusion of any linked website on the SKILLSFUTURE Services does not imply approval or endorsement of the linked website by SKILLSFUTURE. When you access these third-party sites, you do so at your own risk. SKILLSFUTURE takes no responsibility for third party advertisements which are posted on this SKILLSFUTURE Website or through the SKILLSFUTURE Services, nor does it take any responsibility for the goods or services provided by its advertisers. SKILLSFUTURE is not responsible for the conduct, whether online or offline, of any User of the SKILLSFUTURE Services. SKILLSFUTURE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. SKILLSFUTURE is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any e-mail or players due to technical problems or traffic congestion on the Internet or on any of the SKILLSFUTURE Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the SKILLSFUTURE Services. Under no circumstances shall SKILLSFUTURE be responsible for any loss or damage, including personal injury or death, resulting from use of the SKILLSFUTURE Services, attendance at a SKILLSFUTURE event, from any Content posted on or through the SKILLSFUTURE Services, or from the conduct of any Users of the SKILLSFUTURE Services, whether online or offline. The SKILLSFUTURE Services are provided “AS-IS” and as available and SKILLSFUTURE expressly disclaims any warranty of fitness for a particular purpose or non-infringement. SKILLSFUTURE cannot guarantee and does not promise any specific results from use of the SKILLSFUTURE Services.
12. Limitation on Liability. IN NO EVENT SHALL SKILLSFUTURE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF SKILLSFUTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, SKILLSFUTURE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO SKILLSFUTURE FOR THE SKILLSFUTURE SERVICES DURING THE TERM OF MEMBERSHIP.
SKILLSFUTURE do not authorize any third party to accept payments on behalf of SKILLSFUTURE for any SKILLSFUTURE Service. SKILLSFUTURE are not liable for any payments made to a third party by an SKILLSFUTURE Member.
SKILLSFUTURE cannot provide a refund or exchange on the purchase of a PDF (Portable Document Format) certificate.
13. Disputes. If there is any dispute about or involving the SKILLSFUTURE Services, you agree that the dispute shall be governed by the laws, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction. Either SKILLSFUTURE or you may demand that any dispute between SKILLSFUTURE and you about or involving the SKILLSFUTURE Services must be settled by arbitration utilizing the dispute resolution procedures provided that the foregoing shall not prevent SKILLSFUTURE from seeking injunctive relief in a court of competent jurisdiction.
14. Indemnity. You agree to indemnify and hold SKILLSFUTURE, its subsidiaries and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the SKILLSFUTURE Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the SKILLSFUTURE Website or through the SKILLSFUTURE Services causes SKILLSFUTURE to be liable to another.
15. Information Collection and Use by SKILLSFUTURE. SKILLSFUTURE collects user submitted information, such as name and e-mail address, to authenticate users and to send notifications to those users relating to the SKILLSFUTURE service. SKILLSFUTURE also collects other profile data including but not limited to: personal interests, gender, age, education and occupation.
16. Non-Personally-Identifiable Information. SKILLSFUTURE also logs non-personally-identifiable information including IP address, profile information, aggregate user data, and browser type, from users and visitors to the site. This data is used to manage the Website, track usage and improve the Website services. This non-personally-identifiable information may be shared with third-parties to provide more relevant services and advertisements to members. User IP addresses are recorded for security and monitoring purposes.
17. User Profile information including members’ pictures and basic information including name, city and country outside that for use by the Group Administrator.
18. User’s Email Address. We may also use a user’s e-mail address to send updates, newsletters or news regarding the Services. Users may choose not to receive e-mail of certain types by changing their “notification” setting to “Do not send me notification e-mails” in the user “Account Settings”. As a member, you must be willing to accept correspondences per quarter relating to the updating of your profile and reminding you of the status of your learning profile.
19. Invitations and Other Communications to Non-members. SKILLSFUTURE members can invite friends to join the service by sending invitation e-mails via our automated invitation system. SKILLSFUTURE does not sell these e-mail addresses or use them to send any other communication besides invitations and invitation reminders (up to three (3) per e-mail address). Recipients of invitations from SKILLSFUTURE may contact us to request the removal of their information from our database.
22. Link to SKILLSFUTURE. Any organisation that wishes their members (employees, students, etc.) to take advantage of SKILLSFUTURE resources are welcome to link to the SKILLSFUTURE website. Such organisations are welcome to link to specific courses or course categories, or simply to the SKILLSFUTURE homepage.
23. Chat Rooms, Journals and Web Logs, Message Boards, Classifieds and Public Forums. Please be aware that whenever you are voluntarily post public information to Journals, Web Logs, Message Boards, Classifieds or any other Public Forums that that information can be accessed by the public and can in turn be used by those people to send you unsolicited communications.
24. Correcting/Updating or Removing Information. SKILLSFUTURE users may modify or remove any of their personal information at any time by logging into their account and accessing features such as Edit Profile and Account Info.
25. E-mail Choice/Opt-out. All SKILLSFUTURE members will receive quarterly updates relating to their personal profile, their study profile and a summary of recently added new content on the SKILLSFUTURE Service. Members may opt out of more regular updates relating to the SKILLSFUTURE Newsletter, New Course releases and third party offers.
27. Security. SKILLSFUTURE member accounts are secured by member-created passwords; SKILLSFUTURE takes precautions to insure that member account information is kept private. We use reasonable measures to protect member information that is stored within our database, and we restrict access to member information to those employees who need access to perform their job functions, such as our customer service personnel and technical staff. Please note that we cannot guarantee the security of member account information. Unauthorized entry or use, hardware or software failure, and other factors may compromise the security of member information at any time.
28. Sharing and Disclosure of Information SKILLSFUTURE Collects. Except as otherwise described in this privacy statement, SKILLSFUTURE will not disclose personal information to any third party unless we believe that disclosure is necessary:
(1) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by SKILLSFUTURE, whether or not a response is required by applicable law;
(3) to protect the safety of members of the public and users of the service.
30. Other. This Agreement is accepted upon your use of the SKILLSFUTURE Website or any of the SKILLSFUTURE Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and SKILLSFUTURE regarding the use of the SKILLSFUTURE Services. The failure of SKILLSFUTURE to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement fully operates permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.