Terms & Conditions

Here are our terms and conditions. Please contact us at info@skilligy.com 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.

User Agreement: www.Skilligy.com

Skilligy operates an online platform allowing Users to connect through the Skilligy Platform with other Users who provide Services. Please read these terms and all Policies including the Privacy Policy carefully before using the Skilligy Platform. These Policies are incorporated into this Agreement by reference. All defined terms in this Agreement have the meaning given to them in the Skilligy Glossary. 

1. SCOPE OF SKILLIGY SERVICES

  1. Skilligy provides the Skilligy Platform to enable Posters (Referred to hosts in the rest of this document) to publish Posted classes
  2. Students (referred to as Seekers in the rest of this document) may review the classes including the personal details of the Hosts and may choose to schedule some availability. Some parts of the details may be made publicly available, including to internet users who are not Users.
  3. A host may revoke or modify a Posted Service at any time before he/she accepts any interests or bookings. Skilligy reserves the right to cancel all sessions on a Posted class.
  4. If a seeker books a class on the Skilligy Platform, a Service Contract is created between the Seeker and the Host.
  5. Upon creation of a Service Contract, the Seeker must pay the Agreed Price into the Escrow Account.
  6. Upon creation of the Service Contract, Skilligy has rendered Skilligy Services and the Service Fee is now due and payable.
  7. Once the Service Contract is created, the Seeker and Host may vary the Service Contract on the Skilligy Platform. The Host and Seeker are encouraged to use Skilligy's chat forum or contact Skilligy at info@skilligy.com to amend or vary the Service Contract (including the Agreed Price) or to otherwise communicate.
  8. The host must perform the Services required under the Service Contract, including in accordance with any additional terms or conditions agreed by the parties.
  9. Once the Services are complete, the Seeker must provide notice of that on the Skilligy Platform.
  10. Once the Services are complete, the Host must provide notice of that on the Skilligy Platform.
  11. Once the Posted Service has been completed and the Seeker confirms the Services are completed, or if Skilligy is satisfied the Services have been completed as per the details in the listing, the Funds will be released from the Escrow Account to the Host, after deducting Skilligy’s fees.
  12. After the Service Contract is completed, the parties are encouraged to review and provide feedback of the Services on the Skilligy Platform.
  13. Skilligy may provide a feature or do it manually enabling seekers to request Services based on another host’s skills, reputation or other attributes.

2. SKILLIGY'S ROLE AND OBLIGATIONS

  1.  Skilligy provides the Skilligy Platform only, enabling Users to publish Posted Services and Seekers to find these services, collect information and ask questions in a forum.
  2. Users must be natural persons, but can specify within their account description that they represent a business entity.
  3. Users must be natural persons, but can specify within their account description that they represent a business entity.
  4. Registering and creating an account with Skilligy is free. There is no charge for a Host to post services, or for other Skilligy Users to review content on the Skilligy Platform, including Posted Services.
  5. Skilligy accepts no liability for any aspect of the Host and Seeker interaction, including but not limited to the description, performance or delivery of Services.
  6. Skilligy has no responsibility and makes no warranty as to the truth or accuracy of any aspect of any information provided by any Users, including, but not limited to, the ability of hosts to perform services or supply items, or the honesty or accuracy of any information provided by hosts or the Seeker’s ability to pay for the Services requested.
  7. Except for liability in relation to any Non-excludable Condition, the Skilligy Service is provided on an "as is" basis, and without any warranty or condition, express or implied. To the extent permitted by law, we and our suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
  8. Skilligy has no obligation to any User to assist or involve itself in any dispute between Users, although may do so to improve User experience.

3. USER OBLIGATIONS

  1. You will at all times:

    (a) Comply with this Agreement (including all Policies) and all applicable laws and regulations.
    (b) only post accurate information on the Skilligy Platform.
    (c) Promptly and efficiently perform obligations to other User under a Service Contract; and
    (d) Ensure that You are aware of any laws that apply to You as a Host or Seeker, or in relation to using the Skilligy Platform.
  1. You agree that any content (whether provided by Skilligy, a User or a third party) on the Skilligy Platform may not be used on third party sites or for other business purposes without Skilligy's prior permission.
  2.  You must not use the Skilligy Platform for any illegal or immoral purpose.
  3. You must maintain control of Your Skilligy account and must not deal your account in any way, including by allowing others to use Your account, or by transferring or selling Your account or any of its content to another person.
  4. You grant Skilligy an unrestricted, worldwide, royalty-free licence for all media types, to use, reproduce, modify and adapt any content including feedback and information posted on the Skilligy Platform for the purpose of publishing material on the Skilligy Platform and as otherwise may be required to provide the Skilligy Service, for the general promotion of the Skilligy Service on other social media channels, websites and apps and as permitted by this Agreement.
  5. You agree that any information posted on the Skilligy Platform must not, in any way whatsoever, be potentially or actually harmful to Skilligy or any other person. Harm includes, but is not limited to, economic loss that will or may be suffered by Skilligy.
  6. Without limiting any provision of this Agreement, any information You supply to Skilligy or publish in a Posted Service (including as part of an Offer) must be up to date and kept up to date and must not.

    *(a) be false, inaccurate or misleading or deceptive.
    *(b) be fraudulent or involve the sale of counterfeit or stolen items.
    *(c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy;
    *(d) violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws);
    *(e) be defamatory, libellous, threatening or harassing;
    *(f) be obscene or contain any material that, in Skilligy's sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; or
    *(g) contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of any Skilligy Platform, including, but not limited to viruses, trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or Personal Information. 
  7. Skilligy Platform may from time to time engage location-based or map-based functionality. The Skilligy Platform may display the location of Hosts and Seekers to persons browsing the Skilligy Platform. Each Host will be asked to provide the street and suburb where the Services are to be delivered. A Host should never disclose personal details such as the Host's full name, street number, phone number or email address in a Posted Service or in any other public communication on the Skilligy Platform.
  8. If You are a Host, you must have the right to provide Services under a Service Contract and to work in Australia or any other local country. You must comply with tax and regulatory obligations in relation to any payment (including Service Funds) received under a Service Contract.
  9. Hosts must provide Services to seekers in accordance with the Service Contract, unless the Services are prohibited by law, this Agreement, an agreement between the User and a third party or by any of our Policies.
  10. You must not, when supplying Services, charge a Seeker any fees on top of the agreed Funds. However, the parties to a Service Contract may agree to amend the Agreed Price through the Skilligy Platform.
  11. You must not request payments outside of the Skilligy Platform from the Seeker except to the extent permitted by clause 3.13 and only if the Skilligy Platform does not facilitate the reimbursement via the Escrow Account of costs considered in clause 3.13.
  12. If a Seeker to pay some costs of completing the Services (such as equipment to complete the Services), the Seeker is solely responsible for obtaining any reimbursement from the Host. Skilligy advises Seekers not to agree to incur costs in advance of receiving the service or payment for these costs, unless the Seeker is confident the Host will reimburse the costs promptly.
  13. If Skilligy determines at its sole discretion that You have breached any obligation under this clause 3, it reserves the rights to remove any content, Posted Service or Offer You have submitted to the Skilligy Service or cancel or suspend Your account and/or any Service Contracts.

4. FEES

  1. Upon the creation of a Service Contract, the host owes Skilligy the Service Fee. The Service Fee will automatically be deducted from the Agreed Price held in the Escrow Account.
  2. If the Posted Service requires a Seeker or host to incur costs in completing the Services, the cost incurred will not be included in any calculation of Fees.
  3. Fees do not include any fees that may be due to Third Party Service providers. All Third Party Service providers are paid pursuant to a User's separate agreement with that Third Party Service provider. Skilligy will not be involved in any third party agreements or arrangements
  4. All Fees and charges payable to Skilligy are non-cancellable and non-refundable, subject to Your rights under any Non-Excludable Conditions.
  5. If Skilligy introduces a new service on the Skilligy Platform, the Fees applying to that service will be payable as from the launch of the service.
  6. Skilligy may set-off any Fees against any Seeker Funds or other amounts held by Skilligy on behalf of a User.
  7. Skilligy may restrict a User's account until all Fees have been paid.

6. PAYMENTS AND REFUNDS

  1. If:  
    (a) the Host and the Seeker mutually agree to cancel the Service Contract; or  
    (b) following reasonable attempts by a Seeker to contact a host to perform the Service Contract, the Service Contract is cancelled; and 
    (c) Skilligy is satisfied that the Agreed Price should be returned to the Seeker, then, subject to clause 5.3, Skilligy will pay the Funds held in the Escrow Account to the Seeker. Skilligy may also pay to the account of the Seeker, on behalf of the Host, an additional amount up to the value of the Service Fee collected in connection with the Service Contract. 
  2. Any amount paid by Skilligy on behalf of a Host under clause 5.1 will be a debt owed by the Host to Skilligy.
  3. If a Service Contract is cancelled:
    (a) Skilligy will retain the Service Fee in accordance with clause 4.1; and 
    (b) the cancellation will be attributed to the Seeker unless the Seeker can provide evidence to Skilligy's satisfaction (in its sole opinion) that the Host caused the cancellation of the Service Contract. 
    (C) If cancelled by the Host (as determined by this clause), the Host must pay the Cancellation Admin Fee. The Cancellation Admin Fee will be equal to the Service Fee that has been charged to the Seeker under the relevant Service Contract (which will not exceed 22% of the Agreed Price).  
  4. If the parties agree to any additional cancellation fee payable under the Service Contract, it is the responsibility of the party aggrieved to claim any amount owed directly from the other.
  5. Following resolution of a cancelled Service Contact in accordance with clause 5.1, Skilligy may take up to 14 days to return the Agreed Price (less the Cancellation Admin Fee, if applicable) to the Host.
  6. If, for any reason, the Seeker Funds cannot be transferred or otherwise made to the host or returned to the Host (as the case may be) or no claim is otherwise made for the Seeker Funds, the Seeker Funds will remain in the Escrow Account until paid or otherwise for up to three months from the date the Seeker initially paid the Agreed Price into the Escrow Account.
  7. Following the 3 months referred to in clause 5.6, and provided there is still no dispute in respect of the Seeker Funds, the Seeker Funds will be automatically converted to Stored Value and credited.
  8. The fees paid by the seeker is non-transferable to any other individual or session, uncless cancelled and Skilligy credits the seekers with stored value.

6. STORED VALUE

  1. Stored Value :
    (a) can be used by the credited User to pay for any new Services via the Skilligy Platform; 
    (b) are not refundable or redeemable for cash; 
    (c) cannot be replaced, exchanged or reloaded; 
    (d) are valid for 12 months from the last date the Skilligy credit is topped-up, the date of issue or purchase or any expiry date applied by Skilligy (subject to any contrary specific jurisdictional legislative requirements); 
    (e) may also be subject to additional, or different, terms and conditions, as specified in relation to Stored Value, such as a restriction on the when the Stored Value is redeemable (for example only for a User's first Service Contract), specify a minimum Services value, or specify a maximum credit or discount value; and 
    (f) must not be reproduced, copied, distributed, or published directly or indirectly in any form or by any means for use by an entity other than the credited User, or stored in a data retrieval system, without Skilligy's prior written permission. 
  2. The User credited with a Stored Value is solely responsible for the security of any Stored Value. Skilligy will have no liability for any loss or damage to the Stored Value and does not have any obligation to replace Stored Value.
  3. Skilligy will not accept, and may refuse or cancel, any Stored Value, which it determines in its sole discretion, have been used in breach of this Agreement or have been forged, tampered with, or are otherwise fraudulent and Skilligy reserves the right to refer any suspected fraudulent activity to relevant law enforcement authorities. In particular, Stored Value, such as promotional coupons, vouchers or codes distributed or circulated without our approval, for example on an internet message board or on a "bargains" website, are not valid for use and may be refused or cancelled.
  4. Skilligy is entitled to any value on Stored Value which is not redeemed before the Stored Value expires or is cancelled by Skilligy.

7. BUSINESS PARTNERS

  1. Skilligy may enter into agreements with Business Partners and may seek to engage hosts in the provision of Business Services. Hosts who agree to perform Business Services for Business Partners acknowledge and agree that Skilligy and the Business Partner may on-sell Services supplied to third parties for an increased fee.
  2. Business Partners may require hosts providing Business Services to be approved or hold qualifications. Skilligy may assist Business Partners to locate suitably qualified hosts. Skilligy makes no warranty that it will promote any or all suitably qualified hosts to Business Partners.
  3. Business Partners may require hosts to enter into a Business Partner Contract before providing Business Services.
  4. Where a host accepts a Posted Service with a Business Partner:
    (a) the Host must provide Business Services to the Business Partner in accordance with the Service Contract and any applicable Business Partner Contract; and 
    (b) the terms of the Business Partner Contract will prevail to the extent of any inconsistency. 

8. PAYMENT FACILITY

  1. Skilligy may use an Escrow Provider to operate the Escrow Account.
  2. In so far as it is relevant to the provision of the Escrow Account, the terms at https://assemblypayments.com are incorporated into this Agreement and will prevail over this Agreement to the extent of any inconsistency in relation to the provision of the Escrow Account.
  3. If Skilligy changes its payment provider or Escrow Provider You may be asked to agree to any further additional terms with those providers. If you do not agree to them, you will be given alternative means of payment.

9. THIRD PARTY SERVICES

  1. Skilligy may from time to time include Third Party Services on the Skilligy Platform. These Third Party Services are not provided by Skilligy.
  2. Third Party Services are offered to Users pursuant to the third party's terms and conditions. Third Party Services may be promoted on the Skilligy Platform as a convenience to our Users who may find the Third Party Services of interest or of use.
  3. If a User engages with any Third Party Service provider, the agreement will be directly between the User and that Third Party Service provider.
  4. Skilligy makes no representation or warranty as to the Third Party Services. However, to help us continue to improve our Skilligy Platform, Users may inform Skilligy of their Third Party Service experience.

10. VERIFICATION

  1. Skilligy may use Identity Verification Services.
  2. You agree that Skilligy Identity Verification Services may not be fully accurate as all Skilligy Services are dependent on User-supplied information and/or information or verification services provided by third parties.
  3. You are solely responsible for identity verification and Skilligy accepts no responsibility for any use that is made of an Skilligy Identity Verification Service.
  4. Skilligy Identity Verification Services may be modified at any time.
  5. Skilligy Identity Verification Services may be modified at any time.

12. FEEDBACK

  1. You can complain about any comment made on the Skilligy Platform by contacting Skilligy via the Skilligy Platform or email info@skilligy.com.
  2. Skilligy is entitled to suspend or terminate Your account at any time if Skilligy, in its sole and absolute discretion, is concerned by any feedback about You, or considers Your feedback rating to be problematic for other Skilligy Users.

13. LIMITATION OF LIABILITY

  1. Except for liability in relation to breach of Non-excludable Condition, to the extent permitted by law, Skilligy specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between Hosts and Seekers.
  2. Except for liability in relation to a breach of any Non-excludable Condition, to the extent permitted by law, Skilligy specifically disclaims all liability for any loss or damage (actual, special, direct, indirect and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (including, without limitation, loss or damage relating to any inaccuracy of information provided, or the lack of fitness for purpose of any goods or service supplied), arising out of or in any way connected with any transaction between You and any Third Party Service provider who may be included from time to time on the Skilligy Platform.
  3. Except for liability in relation to a breach of any Non-excludable Condition, and to the extent permitted by law, Skilligy is not liable for any Consequential Loss arising out of or in any way connected with the Skilligy Services.
  4. Except for liability in relation to a breach of any Non-excludable Condition, Skilligy's liability to any User of the Skilligy Service is limited to the total amount of payment made by that User to Skilligy during the twelve month period prior to any incident causing liability of Skilligy, or $40, whichever is greater.
  5. Skilligy's liability to You for a breach of any Non-excludable Condition (other than a Non-excludable Condition that by law cannot be limited) is limited, at our option to any one of resupplying, replacing or repairing, or paying the cost of resupplying, replacing or repairing goods in respect of which the breach occurred, or supplying again or paying the cost of supplying again, services in respect of which the breach occurred.

14. PRIVACY

  1. Skilligy's Privacy Policy, which is available at https://www.Skilligy.com/privacy, applies to all Users and forms part of this Agreement. Use of the Skilligy Platform confirms that You consent to, and authorise, the collection, use and disclosure of Your Personal Information in accordance with Skilligy's Privacy Policy.
  2. Third Party Service providers will provide their service pursuant to their own Privacy Policy. Prior to acceptance of any service from a third party, You must review and agree to their terms of service including their privacy policy.
  3. Skilligy will endeavour to permit you to transact anonymously on the Skilligy Platform. However, in order to ensure Skilligy can reduce the incidence of fraud and other behaviour in breach of the Community Guidelines, Skilligy reserves the right to ask Users to verify themselves in order to remain a User.

15. MODIFICATIONS TO THE AGREEMENT

  1. Skilligy may modify this Agreement or the Policies (and update the Skilligy pages on which they are displayed) from time to time. Also check the recent privacy policy for any updates.
  2. When You actively agree to amended terms (for example, by clicking a button saying "I accept") or use the Skilligy Platform in any manner, including engaging in any acts in connection with a Service Contract, the amended terms will be effective immediately. In all other cases, the amended terms will automatically be effective 30 days after they are initially notified to You.
  3. If You do not agree with any changes to this Agreement (or any of our Policies), You must either terminate your account or You must notify Skilligy who will terminate Your Skilligy account, and stop using the Skilligy Service.

16. NO AGENCY

  1. No agency, partnership, joint venture, employee-employer or other similar relationship is created by this Agreement. In particular You have no authority to bind Skilligy, its related entities or affiliates in any way whatsoever. Skilligy confirms that all Third Party Services that may be promoted on the Skilligy Platform are provided solely by such Third Party Service providers. To the extent permitted by law, Skilligy specifically disclaims all liability for any loss or damage incurred by You in any manner due to the performance or non-performance of such Third Party Service.

17. NOTICES

  1. Except as stated otherwise, any notices must be given by registered ordinary post or by email, either to Skilligy's contact address as displayed on the Skilligy Platform, or to Skilligy Users' contact address as provided at registration. Any notice shall be deemed given:

    (a) if sent by email, 48 hours after email is sent, unless the User is notified that the email address is invalid or the email is undeliverable, and 
    (b) if sent by pre-paid post, five Business Days after the date of posting, or on the Ninth Business Day after the date of posting if sent to or posted from outside Australia. 

  2. Notices related to performance of any Third Party Service must be delivered to such third party as set out in the Third Party Service provider's terms and conditions.

18. MEDIATION AND DISPUTE RESOLUTION

  1. Skilligy encourages You to try and resolve disputes (including claims for returns or refunds) with other Users directly. Accordingly, You acknowledge and agree that Skilligy may, in its absolute discretion, provide Your information as it decides is suitable to other parties involved in the dispute.
  2. If a dispute arises with another User, You must co-operate with the other User and make a genuine attempt to resolve the dispute.
  3. Skilligy may elect to assist Users resolve disputes. Any User may refer a dispute to Skilligy. You must co-operate with any investigation undertaken by Skilligy. Skilligy reserves the right to make a final determination (acting reasonably) based on the information supplied by the Users and direct the Escrow Provider to make payment accordingly. You may raise your dispute with the other User or Skilligy's determination in an applicable court or tribunal.
  4. Skilligy has the right to hold any Agreed Price that is the subject of a dispute in the Escrow Account, until the dispute has been resolved.
  5. Skilligy may provide access to a Third Party Dispute Service. If such a service is provided, either party may request the other party to submit to the Third Party Dispute Service if the parties have failed to resolve the dispute directly. Terms and conditions for the Third Party Dispute Service will be available on request. The Third Party Dispute Service is a Third Party Service and Users are responsible for paying any costs associated with the Third Party Dispute Service in accordance with the Third Party Dispute Service terms and conditions.
  6. Disputes with any Third Party Service provider must proceed pursuant to any dispute resolution process set out in the terms of service of the Third Party Service provider.
  7. If You have a complaint about the Skilligy Service please let us know at info@skilligy.com
  8. If Skilligy provides information about other Users to You for the purposes of resolving disputes under this clause, You acknowledge and agree that such information will be used only for the purpose of resolving the dispute (and no other purpose) and that you will indemnify Skilligy against any claims relating to any other use of information not permitted by this Agreement.

19. TERMINATION

  1. Either You or Skilligy may terminate your account and this Agreement at any time for any reason.
  2. Termination of this Agreement does not affect any Service Contract that has been formed between Skilligy Users. If You have entered a Service Contract You must comply with the terms of that Service Contract including providing the Services or paying the Agreed Price as applicable.
  3. Third Party Services are subject to Third Party Service provider terms and conditions.
  4. Sections 4 (Fees), 13 (Limitation of Liability) and 18 (Mediation and Dispute Resolution) and any other terms which by their nature should continue to apply, will survive any termination or expiration of this Agreement.
  5. Your account or this Agreement are terminated for any reason then You may not without Skilligy's consent (in its absolute discretion) create any further accounts with Skilligy and we may terminate any other accounts You operate.

20. GENERAL

  1. This Agreement is governed by the laws of Victoria, Australia. You and Skilligy submit to the exclusive jurisdiction of the courts of Victoria, Australia.
  2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforceable.
  3. This Agreement may be assigned or novated by Skilligy to a third party without your consent. In the event of an assignment or novation the User will remain bound by this Agreement.
  4. This Agreement sets out the entire understanding and agreement between the User and Skilligy with respect to its subject matter.

APPENDIX A: MODEL SERVICE CONTRACT

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:

1 COMMENCEMENT DATE AND TERM

  1. The Service Contract is created when the Seeker accepts the Host's Offer on a Posted Service to provide Services. 
    The Contract will continue until terminated in accordance with clause 7.

2 SERVICES

  1. The host will perform Services in a proper and workmanlike manner.
  2. The host must perform the Services at the time and location agreed.
  3. The parties must perform their obligations in accordance with any other terms or conditions agreed by the parties during or subsequent to the creation of the Service Contract.

3 WARRANTIES

  1. Each party warrants that the information provided in the creation of the Service Contract is true and accurate.
  2. The Seeker warrants that he/she has the right to work and provide Services and hold relevant licences in Australia.
  3. The parties incorporate the Consumer Guarantees into the Service Contract, even if they are not already incorporated by law.

4 PAYMENT OR CANCELLATION

  1. Upon the creation of the Service Contract, the Seeker must pay the Agreed Price into the Escrow Account.
  2. Upon the Services being completed, the Host will provide notice on the Skilligy Platform.
  3. The Seeker will be prompted to confirm the Services are complete. If the Seeker has completed the Services in accordance with clause 2, the Host must use the Skilligy Platform to release the Seeker Funds from the Escrow Account.
  4. If the parties agree to cancel the Service Contract, or the Host is unable to contact the Seeker to perform the Service Contract, the Seeker Funds will be dealt with in accordance with the User's Skilligy Agreement.

5 LIMITATION OF LIABILITY

  1. Except for liability in relation to a breach of a Non-excludable Condition, the parties exclude all Consequential Loss arising out of or in connection to the Services, and any claims by any third person, or the Service Contract, even if the party causing the breach knew the loss was possible or the loss was otherwise foreseeable.
  2. Subject to any insurance or agreement to the contrary, the liability of each party to the other except for a breach of any Non-Excludable Condition is capped at the Agreed Price.

6 DISPUTES

  1. If a dispute arises between the parties, the parties will attempt to resolve the dispute within 14 days by informal negotiation (by phone, email or otherwise).
  2. If the parties are unable to resolve the dispute in accordance with clause 6.1, either party may refer the dispute to Skilligy and act in accordance with clause 18 of the Skilligy Agreement.

7 TERMINATION OF CONTRACT

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. 

8 APPLICATION OF POLICIES

The parties incorporate by reference the applicable Policies.

9 GOVERNING LAW

The Service Contract is governed by the laws of Victoria. The parties submit to the exclusive jurisdiction of Victoria.

Skilligy Glossary

"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. 
"Personal Information" has the same meaning as described in the Privacy Policy. 
"Policies" means the policies posted by Skilligy on the Skilligy Platform, including but not limited to the Privacy Policy and Community Guidelines. 
"Host" means a User that posts classes or sessions on the Skilligy Platform 
"Privacy Policy" means the privacy policy which is available at https://Skilligy.com/privacy. 
"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. 

Rules of Interpretation:

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.

Revised June 2018 copyright Skilligy 2018

Skilligy - A Skill's platform

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AUS + 41 3018492

info@skilligy.com

Victoria, Australia

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