These Terms and Conditions (“Terms”, “Terms and Conditions”) govern your relationship with the SkillAir website (www.skillair.com), the SkillAir web application (app.skillair.com) and the SkillAir mobile application (collectively the “Service”) owned and operated by SkillAir Technologies Incorporated (“SkillAir”, “us”, “we”, or “our”).
Please read these Terms and Conditions carefully before using the Service.
Your access to and use of the Service is based on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
BY USING OUR SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TIME TO TIME. THESE TERMS ARE A LEGAL CONTRACT BETWEEN SKILLAIR AND YOU.
You may use our Service only if you can form legally binding contracts under applicable law of your jurisdiction.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without incurring any liability or obligation. By accessing or using the Service you agree to be bound by these Terms and accept all legal consequences. If you do not agree to these Terms and Conditions, in whole or in part, please do not use the Service.
Definitions
User: Someone who has created a profile using the SkillAir Service.
Skill: A service for hire provided by a User to their community.
Consumer: A User of the Service that is looking for Skills to fill a personal and/or professional need.
Supplier: A SkillAir User who has created a Skill for the purpose of attracting, booking, and getting paid by Consumers using the Service.
General Terms
We require very little Personal Information from users to register for the Service but we provide a secure platform where you can store as much Personal Information as you would like.
Aggregated and de-identified information
- Only registered users may buy and sell on SkillAir. Registration is free.
- Skills can be offered at a minimum price of $25.
- Users may not provide or accept payments using any method outside of the SkillAir platform.
- Consumers pay in advance of a service booking. Payment is held and released to the Supplier following the completion of service delivery.
- Suppliers must fulfill their confirmed bookings. Missed bookings (including repeated cancellation) will be subject to SkillAir Administration Fees.
- Suppliers will be rated on the level and quality of service they provide. Consumer ratings and reviews will be visible to all SkillAir Users.
- SkillAir retains the right to use all published Profile information and Skills for promotions and marketing.
- By accepting these Terms, you consent to other Users sharing your Profile and/or Skills on social media and other platforms.
- Suppliers are responsible for having a general liability insurance policy with coverage amounts that are sufficient to cover all risks associated with the performance of their services.
Acceptable Use and Standards
Suppliers are able to create and configure any Skill they wish to promote and transact business on using the SkillAir Service provided they follow the standards and rules as outlined here. You agree to the following restrictions:
Skills not permitted on SkillAir:
- Skills that violate any law in the jurisdiction(s) they are delivered in.
- Skills that violate reasonable ethical standards. Examples: Fraud, forgery.
- Skills that are for the purpose of sexual gratification including nude or adult related images, chat services, etc.
- Any Skills deemed inappropriate by SkillAir.
Behaviours not permitted on SkillAir:
- Misrepresentation of Skill(s).
- Impersonation of another Supplier or Consumer.
- Changing the price of a Skill after a booking is confirmed.
- Paid solicitation of positive Consumer reviews.
- Solicitation of unlawful activities.Any discriminatory behavior and/or communication.
- Aggressive or violent threats.
- Any activity intended to explicitly draw business away from a competing Supplier.
- Offering Skills that violate a User’s employment agreement with an employer that has no affiliation with SkillAir.
All Skills will pass through a SkillAir review and approval process before being published on the Service. If any of the above restrictions are violated at any time, SkillAir reserves the right to remove the Skill and Supplier from the Service without notice.
You further agree:
- You will not use any data mining systems or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Service or any part thereof or otherwise attempt to discover any source code;
- You will not use the Service for the purpose of building a similar or competitive product or service; and
- You will comply with all applicable laws including the laws of the area in which you are present while using the Service.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are solely responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual Property
The Service and all content, including but not limited to text, images, graphics or code are the property of SkillAir and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the Service only for your own non-commercial use. Any other use is strictly prohibited and may violate copyright, trademark and other laws. These Terms do not grant you a license to use any trademark or intellectual property of SkillAir or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the Service.
Links To Other Web Sites
The Service may contain links to third-party web sites or services that are not owned or controlled by SkillAir.
SkillAir has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that SkillAir shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms.
All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service Subject to applicable law, the termination of this agreement will not terminate your obligations under agreements you may have with us, including any subscription service contract(s). In the event of termination, we will keep your account information according to our Privacy Policy and data retention practices, and pursuant to applicable law.
Indemnification
You agree to indemnify, defend and hold harmless SkillAir, its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, losses, obligations, costs, actions or demands.
These include but are not limited to: (a) legal and accounting fees resulting from your use of the Service; (b) your breach of any of these Terms; (c) anything you post on or upload to the Service; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, any person or entity accessing the Service using your account whether such access is obtained via fraudulent or illegal means.
Limitation Of Liability
SkillAir, its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the Service; (ii) your inability to access or use the Service; (iii) any conduct or content of any third-party on or related to the Service; (iv) any content obtained from or through the Service; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer And Non-Waiver of Rights
SkillAir makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.
SkillAir, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
If you breach any of these Terms and SkillAir chooses not to immediately act, or chooses not to act at all, SkillAir will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. SkillAir does not waive any of its rights. SkillAir shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.
Assignment
You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our prior written approval.
Notice
We may give you notice by means of a general notice sent through the Service, or by electronic mail to your email address on record, or by written communication sent by regular mail to your address on record. By using our Service, you allow us to communicate with you through these means and receive electronic mail from us.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of British Columbia and the laws of Canada, as applicable. Where permitted under applicable law, you and SkillAir agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative action.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.
Contact Us
If you have any questions about these Terms, please contact us:
- by email: hello@skillair.com
- By visiting this page on our website: www.skillair.com