These Terms and Conditions apply to you as the User of this Website concerning all contracted services and products ordered and accepted from SkillFusion, a Delaware limited liability company and the owner of this website. These terms and conditions, in addition to any other policies set forth on this website, apply to the sale of any Online Service. Please read these terms and conditions carefully before purchasing an Online Service and print off a copy for your records.
Upon your first use of this website or submission of an order for a product or service you agree to comply with and be bound by these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you must stop using the Website immediately.
In this Agreement the following terms shall have the following meanings:
"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that SkillFusion makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the SkillFusion proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
"Premises": Means Our place(s) of business located at [ADDRESS];
"System": means any online communications infrastructure that SkillFusion makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by SkillFusion Ltd and acting in the course of their employment;
"Website": means the website that you are currently using (skillfusionlearning.com) and any sub-domains of this site (e.g. subdomain.yourschool.com) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means SkillFusion, a company incorporated in the State of Delaware, United States. Our customer service address is 308 1/2 S Main St Suite A, Rochester, MI 48307.
"You" means the individual purchasing the Services.
Persons under the age of 18 may use this Website only with the supervision or permission of an Adult. All Payment Information submitted by the User shall be deemed to be provided by or with the permission of an Adult.
These Terms and Conditions, in addition to general Users, also apply to customers procuring Services in the course of business.
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4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of SkillFusion, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable Domestic and International intellectual property rights and other laws.
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4.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
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5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
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5.2 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of SkillFusion or that of Our affiliates. SkillFusion is not responsible for the content of such websites and your acceptance of these Terms and Conditions is a direct release of SkillFusion from any and all liability for any and all forms of loss or damage arising out of the use of any third party website. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site skillfusionlearning.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at customersupport@skillfusion.com or call us in the following number: your_number.
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9.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
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9.1.1 You must not use obscene or vulgar language;
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9.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
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9.1.3 You must not submit Content that is intended to promote or incite violence;
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9.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages;
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9.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
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9.1.6 You must not impersonate other people, particularly employees and representatives of SkillFusion or Our affiliates; and
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9.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".
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9.2 You acknowledge that SkillFusion reserves the right to monitor any and all communications made to Us or using Our System.
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9.3 You acknowledge that SkillFusion may retain copies of any and all communications made to Us or using Our System.
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9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
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10.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which may contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Websiteyou represent and warrant that:
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10.1.1 all information you submit is accurate and truthful;
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10.1.2 you have permission to submit Payment Information where permission may be required; and
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10.1.3 you will keep all account information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
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10.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
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10.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying Us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
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10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
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11.1 SkillFusion may terminate your Account with or without cause. Upon termination of your Account, you will be notified by email and an explanation for the termination will be provided, if applicable. Notice of termination is final upon the date therof.
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11.2 As of the date of termination of your Account, any current or pending orders or payments on your Account will be cancelled and provision of Services will not commence.
- 11.3
You may terminate
or cancel your
account at any time by
providing written notice to SkillFusion, either by email delivery or
first class mail. The account shall be charged through and including the
date notice is received by SkillFusion.
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12.1 Whilst every effort has been made to ensure that all general descriptions of Services available from SkillFusion correspond to the actual Services that will be provided to you, We are not responsible for any variations from course/product/service descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. SkillFusion remains liable for errors or omissions due to negligence that directly results in a gross variation(s) of the ordered Services, such liability not applying to offered or ordered alternate Services. Please refer to sub-Clause 13.8 for incorrect Services.
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12.2 Where appropriate, you may be required to select the required Plan of Services.
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12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
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12.4 All pricing information on the Website is subject to final verification upon purchase. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary, which may result in a different price than that posted online.
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12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
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13.1 The general use of this Website does not constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between SkillFusion and you.
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13.2 Order confirmations under sub-Clause 13.1 will be sent to you before the Services begin and shall contain the following information:
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13.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
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13.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
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13.2.3 Relevant times and dates for the provision of the Services;
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13.2.4 User credentials and relevant information for accessing those services.
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13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
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13.4 Payment for the ordered Services shall be accepted and charged taken via your chosen payment method, such charger occurring immediately, including any setup fee that corresponds to the service plan you purchased, and recurring, as applicable, and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
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13.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfill your Order within a reasonable time but this is not an essential term of the Contract and we are not liable for any delay. If the Services are to begin within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
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13.6 SkillFusion shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate with best trade practice.
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13.7 In the event that provided Services are not in accord with the terms of your accepted order, you must contact Us immediately to inform Us of the error. We will ensure that any necessary corrections are made within five (5) working days of the date we receive such notice.
- Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
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13.8 SkillFusion provides technical support via our online support forum and/or phone. SkillFusion makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
We want you to be completely satisfied with the Products or Services you order from
SkillFusion. If you need to speak to us about your Order, then please contact customer care on [PHONE NUMBER], or by email at
customersupport@skillfusion.com or write to us at our address (see section 1 above). You may cancel an Order that we have accepted or cancel the Contract. If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
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14.1 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once your order is confirmed and the contract between SkillFusion and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Us immediately using the following email: sales@skillfusion.com. Your right to cancel during the cooling off period is subject to the provisions of sub-Clause 14.2.
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14.2 As specified in sub-Clause 13.6, if the Services are to begin within the cooling off period you are required to make an express request to that effect. By requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
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14.2.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel after the Services are complete.
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14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
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14.3 Cancellation of Services after the 14 calendar day cooling off period has elapsed shall be subject to the specific terms governing those Services and may be subject to a minimum contract duration.
Use of the Website is also governed by Our Privacy Policy (skillfusionlearning.com/privacy) which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
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16.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and held in accordance with the provisions of all U.S. and European Data Protection acts, laws or statutes and your rights under those or any other applicable act.
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16.2 We may use your personal information to:
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16.2.1 Provide Our Services to you;
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16.2.2 Process your payment for the Services; and
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16.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
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16.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your personal information on to credit reference agencies. These agencies are also bound by all Data Protections laws applicable to their location, including the Data Protection Act 1998 and should use and hold your personal information accordingly.
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16.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.
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17.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
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17.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
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17.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
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17.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. All changes and modifications are binding on the first date of Your use of this website following their adoption/change. If We are required to make any changes to any Term(s) and Condition(s) by law or order of a court, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
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19.1 The Website is provided “as is” and on an “as available” basis. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any credit or refund for delays or website outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
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19.2 We are not liable, nor shall We provide any credit or refund, for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
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20.1 Although SkillFusion aims to provide the Services to the highest standards of the industry, neither it, nor its trainers accept any liability for (i) any inaccuracy or misleading information provided in the programs or Course Materials and any reliance by Client on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of the terms of this Agreement.
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20.2 Except to the extent that they are expressly set out in these terms and conditions, no conditions, warranties or other terms shall apply to the Services. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description).
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20.3 SkillFusion’s
total liability arising from or in connection with these terms and conditions
and in relation to anything which we may have done or not done in connection
with these terms and conditions and the delivery of the Service (and whether
the liability arises because of breach of contract, negligence or for any other
reason) shall be limited to the Fees received by us in connection with the
relevant Online Service
in relation to which a dispute has arisen.
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20.4 Nothing in this Agreement shall exclude or limit SkillFusion’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation or (iii) any other matter which under law may not be limited or excluded.
- 20.5 No claim may be brought more than six months after the last date on which the Services concerned have finished or ceased to be provided by us.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and SkillFusion.
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24.1 All notices / communications shall be given to Us either by post to Our Premises (see address above) or by email to customersupport@skillfusion.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
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24.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
These Terms and Conditions and the relationship between you and SkillFusion shall be governed by and construed in accordance with the Laws of the State of Delaware. SkillFusion and you agree to submit to the exclusive jurisdiction of the Federal, State and local courts in the Eastern District of Michigan.
