Here are our terms and conditions. Please contact us at firstname.lastname@example.org if you have any other questions. Thanks for connecting. The Skilligy terms & conditions (updated June 2018) outline Skilligy's and Your obligations and responsibilities on the Skilligy Platform. In this update to our Terms and Conditions, Skilligy has updated information regarding User obligations, Fees and dispute resolution functions. Skilligy has also clarified the payment of cancellation fees for Users that cancel Contracts.
The terms used in this Service Contract have the meaning set out in the Skilligy Glossary. A Service Contract is created in accordance with the Skilligy Agreement. Unless otherwise agreed, the Host and the Seeker enter into a Service Contract on the following terms:
The Service Contract will terminate when:
(a) the Services are completed and the Agreed Price is released from the Escrow Account;
(b) a party is terminated or suspended from the Skilligy Platform, at the election of the other party;
(c) otherwise agreed by the parties or the Third Party Dispute Service; or
(d) notified by Skilligy in accordance with the party's Skilligy Agreement.
The parties incorporate by reference the applicable Policies.
The Service Contract is governed by the laws of Victoria. The parties submit to the exclusive jurisdiction of Victoria.
"ACL" means the Australian Consumer Law. "Agreement" means the most updated version of the agreement between Skilligy
and a User.
"Agreed Price" means agreed price for Services (including any variation) paid into the Escrow Account "Skilligy" "we" "us" "our" means Skilligy ACN XXX. "Skilligy Platform" means the Skilligy website at http://www.Skilligy.com/, Skilligy smartphone app, and any other affiliated platform that may be introduced from time to time.
"Skilligy Service" means the service of providing the Skilligy Platform.
"Business Day" means a day on which banks are open for general business in Melbourne, Victoria, other than a Saturday, Sunday or public holiday. "Business Partner Contract" means a contract between a Business Partner and a host to perform Business Services.
"Business Partner" means the business or individual that enters into an agreement with Skilligy to acquire Business Services.
"Business Services" means Services provided by a host to a Business Partner acquired for the purpose of on selling to a third party (such as the Business Partner's customer).
"Cancellation Admin Fee" means the Fee payable by a Host for cancelling a Service Contract.
"Consequential Loss" means any loss, damage or expense recoverable at law:
(a) other than a loss, damage or expense that would be suffered or incurred by any person in a similar situation to the person suffering or incurring the loss, damage or expense; or
(b) which is a loss of:
a. opportunity or goodwill;
b. profits, anticipated savings or business;
c. data; or
d. value of any equipment,
and any costs or expenses incurred in connection with the foregoing.
"Consumer Guarantees" means the consumer guarantees contained in Part 3-2 of the ACL.
"Escrow Account" means the escrow account.
"Escrow Provider" means an entity that manages the Escrow Account (which may include Skilligy or its related bodies corporate).
"Fees" means all fees payable to Skilligy by Users including the Service Fee.
"Identity Verification Services" means the tools available to help Users verify the identity, qualifications or skills of other Users including mobile phone verification, verification of payment information, References, integration with social media, Skilligy Badges and Verification Icons.
"Marketing Material" means any updates, news and special offers in relation to Skilligy or its Third Party Services.
"Non-excludable Condition" means any implied condition, warranty or guarantee in a contract, the exclusion of which would contravene the law or cause any part of the contract to be void.
"Host" means a User that posts classes or sessions on the Skilligy Platform
"Reference" means a feature allowing a User to request other Users to post a reference on the Skilligy Platform endorsing that User.
"Service Fee" means the fee payable by the host to Skilligy as consideration for the Skilligy Services (and comprised as part of the Agreed Price) displayed to a Seeker prior to entering into each Service Contract.
"Services" means the services to be rendered as described in the Posted Service, including any variations or amendments agreed before or subsequent to the creation of a Service Contract.
"Site" means the website at http://www.Skilligy.com/.
"Stored Value" means the physical or virtual card, coupon, voucher or code containing credit or a discount for use on the Skilligy Platform.
"Service Contract" means the separate contract which is formed between a Host and a Seeker for Services. In the absence of, or in addition to, any terms specifically agreed, the model terms of which are included in Appendix A to the Agreement apply to Service Contracts.
"Host" means a User who provides Services to Seekers. "Seeker Funds" means the Agreed Price less the Service Fee.
"Third Party Dispute Service" means a third party dispute resolution service provider used to resolve any disputes between Users.
"Third Party Service" means the promotions and links to services offered by third parties as may be featured on the Skilligy Platform from time to time. "User" or "You" means the person who has signed up to use the Skilligy Platform, whether as the Host, Seeker, or otherwise.
"Verification Icons" means the icons available to be displayed on a User's profile and any such posts on the Skilligy Platform to confirm details such as a User's qualification, license, certificate or other skill.
In the Skilligy Agreement and all Policies, except where the context otherwise requires:
(a) the singular includes the plural and vice versa, and a gender includes other genders;
(b) another grammatical form of a defined word or expression has a corresponding meaning;
(c) a reference to a document or instrument includes the document or instrument as novated, altered, supplemented or replaced from time to time;
(d) a reference to A$, $A, dollar or $ is to Australian currency;
(e) a reference to time is to the time in Victoria, Australia;
(f) a reference to a person includes a natural person, partnership, body corporate, association, governmental or local authority or agency or other entity; (g) a reference to a statute, ordinance, code or other law includes regulations and other instruments under it and consolidations, amendments, re-enactments or replacements of any of them;
(h) the meaning of general words is not limited by specific examples introduced by including, for example or similar expressions;
(i) headings are for ease of reference only and do not affect interpretation;
(j) any agreement, representation, warranty or indemnity in favour of two or more parties (including where two or more persons are included in the same defined term) is for the benefit of them jointly and severally; and
(k) a rule of construction does not apply to the disadvantage of a party because the party was responsible for the preparation of this agreement or any part of it.