Terms & Conditions Skill-Up Your Physicals

1. Introduction.

The web application www.skill-up.com (hereinafter called “Application”) as well as all subdomains are managed by:

SKILL-UP INTERNATIONAL BVBA
00 32 9 220 53 87​
info@skill-up.com
BURGEMEESTER MAENHAUTSTRAAT 100-102
9820 MERELBEKE
ENTERPRISE NUMBER VAT - BE 0643 875 310

These “Terms & Conditions” regulate the use of the Application, the provided content and all services provided by Skill-Up and third parties via the Application (hereinafter called the “Services”). The Terms & Conditions include all provisions in this agreement, as well as all guidelines and rules as announced through the Application.

The Terms & Conditions as stated on www.skill-up.com are always the most recent and applicable version of the Terms & Conditions.

This page was last edited on March 6th 2018.

When finalizing the user registration process, the User declares acknowledgement of and agreement with the content and integral applicability of these Terms & Conditions.

Reservations or exceptions to the Terms & Conditions are valid only after all parties involved, after mutual agreement, confirm in written. A User who does not agree with the Terms & Conditions shall be deemed to not use the Application and Services.

Skill-Up may make amendments to the Terms & Conditions at all times. Such amendments will be announced to our registered Users at the latest one month before implementation. If the User does not agree with the amendment to the Terms & Conditions, the User is deemed to immediately cease the use of the Application.

The User declares to have reached the minimum age of 18 years and to be competent to enter into an agreement of this sort. These restrictions can be met, providing a valid agreement of a representative or a similar legal authorization.

2. The Right of Use
a. Paid subscriptions

The right of use of the Skill-Up Application and/or Services shall be subject to a prior payment obligation. The scope and restrictions of the right of use will be determined by the User’s choice. The Right of Use shall only be activated at the request of the User and when an explicit agreement is provided by the User.

The purchase grants the registered user a limited right to access and use the Application and/or Services. This right is granted in the form of a non-exclusive, temporally limited license. The rights granted cannot be transferred or sublicensed.

Every offer for paid service via the Application is valid under the conditions that were communicated. Skill-Up can link an offer to specific conditions, such as limited time or a specific promotion, or adapt the offer to the changing regulations.

The User places their order (= purchase or renewal of the license) through the Application. As soon as Skill-Up has processed the order, the User receives a confirmation email. The confirmation by email implies the realization of the agreement.

We offer our paid service mainly to “Professional Users”, i.e. Users who are acting for purposes relating to their trade, business, craft or profession. Users who purchase the Right of Use in the capacity of “Consumer” enjoy additional rights. These additional rights do not apply to Professional Users.

b. Trial periods

3. Conditions of the Right of Use
a. Registration of the User

To access the Application, the creation of a user profile is required. The user profile is created by completing the procedure of the user registration.

The User will be deemed to have filled out and completed all necessary information during the registration procedure. This information should meet the requirements of accuracy, completeness and actuality, both during the registration and the use.

The User declares to be in the correct capacity in accordance with the registration information. A (intentionally or unintentionally) wrong representation of reality, as well as posturing of name and other such forms of identity theft may lead to civil and criminal penalties.

Take note of our Privacy Policy (Section 8) for more information concerning processing of this personal data.

b. The user profile

A personal user profile is created as soon as the registration procedure is completed. The user profile can be accessed by entering a unique username and a linked password.

The access to and use of the specific user profile is assigned exclusively to the registered User. Hence, the user profile is characterised as such;

• Individual. Each user profile is linked to only one unique User, being a private individual or a legal entity.
• Personal. The User cannot transfer their user profile or license it to another User or third party.
• Confidential. The User is not authorised to reveal their username and/or password to an other User or third party.

The User is responsible for any action made through their User Profile. The User shall be deemed to immediately notify Skill-Up of a suspected infringement of the confidentiality.

c. Limitations to the Right of Use

The User can exclusively exercise their Right of Use in accordance with the (original) objectives of our Application and/or Services. The User can exclusively exercise their Use of Right in accordance with the present Terms & Conditions, other conditions drawn up by Skill-Up and/or the applicable legislation and regulations, as well as general principles and practices.

In any case, the User should refrain from usage in any of the following ways:

• Take actions which overload or may overload Skill-Up’s infrastructure in an unreasonable or disproportionate manner;
• Take actions which disrupt or may disrupt the proper functioning of the Application or Services;
• Take actions which imply an evasion of Skill-Up’s business model;
• Copy, reproduce, alter, process, distribute or publish content of the Application without prior permission of the Rightholder. This includes the prohibition on “crawling”, “scraping”, or “spidering”.

In case of use that conflicts the above principles, Skill-Up will take the necessary action to safeguard its interests and the interests of other users and third parties.

d. Refusal and discontinuation of the Right of Use

Skill-Up can refuse access to and usage of the Application to a (new or existing) User because of a valid reason. The refusal can be limited or integral, temporary or permanent. The permanent refusal implies removal of the user profile and/or blockage of the IP address.

The Right of Use is always limited in time, in accordance with the agreement between Skill-Up and the User. The Right of Use will be renewed exclusively at the request of the User. Certain obligations of the User may, because of their nature, continue to fully exist even after the termination of the Right of Use.

Skill-Up maintains the privilege to terminate the Right of Use in case of infringement of the Terms and Conditions, a violation of the rights of a third party and other valid reasons. Skill-Up maintains a certain policy when reviewing a “valid reason” and the choice of sanctioning.

Skill-Up shall remove the user profile at the explicit request of the User. The removal of a user profile entails that the user profile is no longer publicly visible. The content of this user profile may be saved for a certain time on the infrastructure of Skill-Up because of technical, organizational or legal reasons.

Skill-Up will not be obliged to pay any damages upon termination of the Right of Use because of the above reasons.

4. Content on the Application

The User can add their own content to the platform. The term content contains “all information, data, text, software, music, sound, photos, visual material, videos, messages or other material and other content, where applicable”, which the User uploads to the Application.

By uploading content to the Application, the User shall grant Skill-Up the non-exclusive, worldwide, perpetual, irrevocable, royalty free and (sub)licenseable right to exercise the applicable intellectual property rights to the content, in any form whatsoever and especially to use, reproduce, distribute and publish the content. The term “intellectual property rights” covers, among others, the copyrights and (registered) trademarks.

By uploading content to the Application, the user declares:

• To have all required rights and permissions that allow to upload content to the Application. This includes all intellectual property rights, personality rights, etc. In the event of opposition from a rightful third party, the User will be party in the conflict.
• That (the uploading of) the content does not violate any right of a third party or breaches the applicable legislation and regulations, in the broadest sense of the word.
• To take all responsibility in the event of a conflict regarding the rights of a third party, as well as take the necessary action to safeguard Skill-Up’s interests.

Content with the following characteristics shall not be allowed:

• Content that is in any way offensive, hurtful, threatening or intimidating;
• Content that is contrary to public order or good conduct, including pornographic content;
• Content that is discriminating at the basis of, among others, gender, sexual preference, nationality, race, political preference;
• Content that is incorrect, misleading, or incomplete;
• Content that is harmful for hardware of Skill-Up, of the Users, and of third parties, such as viruses, worms, Trojans or similar software;
• Content that promotes, stimulates, facilitates, or concerns illegal activities;
• Content that is in any way contrary to the rights and interests of Skill-Up, the User or third parties;

Skill-Up shall not be obliged to review the content before it is uploaded to the Application. Skill-Up shall take all necessary action when contrary content is observed, including, but not limited to, the complete or partial removal.

5. Rates and payment

The costs related to our paid service are mentioned explicitly on the Application. All extra costs related to a specific service shall be mentioned as well, possibly by means of a calculation method in case of unknown variables. Such costs are completely to be paid by the User.

The costs will be announced in EURO and include VAT and other taxes. Apparent and/or obvious mistakes in our price setting can be corrected even after realization of the agreement.

The payment is always made immediately, during the order process. Skill-Up makes use of specialized parties in order to simplify the payment. These third parties ensure that the payment order is processed safely and correctly.

Skill-Up accepts the following payment methods;

• MultiSafepay

Skill-Up may make the execution of its service dependent on the receipt of the payment. In such an event, Skill-Up shall notify the User as soon as the payment is received, thus starting the service.

Skill-Up shall not be obliged to pay any reimbursement in case the service is not carried out because of a shortcoming attributable to the User.

6. Right of Withdrawal (not for Professional Users)

Every Consumer, in principle, has a right of withdrawal. According to this right of withdrawal, the Consumer can still decide to not agree with the purchase within 14 calendar days starting from the day the service commenced. The Consumer shall not be obliged to pay a compensation or to communicate the reason for withdrawal.

The Consumer has no Right of Withdrawal in the following cases:

• service contracts after the service has been fully performed if the performance has begun with the consumer’s prior express consent, and with the acknowledgement that he will lose his right of withdrawal once the contract has been fully performed by the trader; (Article VI.53.1° Belgian Trade Law)
• the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery; (Article VI.53.9°, Belgian Trade Law)
• the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal. (Article VI.53.13° Belgian Trade Law)

The Consumer who wishes to exercise their Right of Withdrawal is obliged to do so expressly and unambiguously in a written statement. It is up to the Consumer to prove that they can invoke their Right of Withdrawal and to clearly inform Skill-Up of the following information:

• Specify the following three dates: date of order, date of receipt and date on which the Right of Withdrawal is invoked.
• Name and address of the Consumer
• Signature of the Consumer

Skill-Up shall take care of the reimbursement of the amount actually paid for the relevant product in the event of a valid exercise of the Right of Withdrawal. This reimbursement will take place within 14 calendar days and through the same payment method through which the consumer made the original transaction, unless the Consumer explicitly agreed otherwise. In any case, no additional costs will be charged for the reimbursement.
If the Consumer does not meet the above conditions, this implies unfair use of the Right of Withdrawal. Skill-Up commits itself to communicate its motives to the Consumer in a clear manner.

7. Warranty, complaints, liability and indemnification
a. Obligation to perform to the best ability with regard to proper functioning and safety

Skill-Up will do its utmost to make a qualitative data base accessible to interested users. Skill-Up takes all necessary technical, organisational and legal measures to make its Application and Services available in a correct and safe manner. Nevertheless, Skill-Up cannot guarantee that the Application and Service will be:

• Free of technical defects, interruptions and/or malfunctions when accessing the Application and/or Services;
• Free of possible adverse interferences with the system and/or software of the User, or Third parties;
• Free of faults in terms of completeness, accuracy, actuality and reliability concerning the information on the Application.

Above obligations apply to an obligation by Skill-Up to perform to the best ability, to be judged in relation to Skill-Up’s resources. The User accepts that the Application and (free) Services are offered on an “as is” and “as available” basis, meaning without any implicit or explicit guarantees. The use of the Application and Services is completely at the risk of the User.

Skill-Up makes an effort to correct any possible technical defects, interruptions and/or malfunctions when accessing the Application and/or Services as soon as possible.

b. Complaints

Skill-Up shall do everything in its power to present the Application and Services in a qualitative way. We ask the User to communicate any complaints in case the Application and Services do not function properly. Such complaints are to be sent by email to info@skill-up.com or through the contact option in the application.

Complaints are to be formulated in written and sufficiently clearly. The User shall spontaneously present any possible proof of the defect, and provide their cooperation.

Skill-Up guarantees to handle each complaint at the latest within 7 calendar days after the report. An exception is made during periods of announced inactivity of our support services.

Defects to our paid Service are always and exclusively resolved by means of an adequate corrective action, possibly in agreement with the User. Skill-Up does not reimburse payments that have already been made.

c. Restriction of liability

During the exercise of its obligations resulting from an agreement, in the circumstances permitted by law, Skill-Up, as well as its directors, share holders, employees, representatives, or any other directly associated private indivdual or legal entity, shall be in no way liable for:

• Consequential damage, loss of profits, goodwill, loss of reputation, stoppage, damage of programs or other data on the computer system, as well as damage to the hardware, software or other assets of the User, regardless of the cause, either in contract (including, but not limited to fundamental infringement), wrongful act (including, but not limited to negligence) or otherwise;
• Damage by behaviour of other Users, members and third parties as far as no culpable shortcomings can be attributed to Skill-Up.
• Damage that was directly or indirectly caused by a situation of force majeure or external cause. Force majeure comprises every case of an event that could (reasonably) not have been foreseen, which makes it impossible for Skill-Up to further execute the agreement. IT-related defects such as defects to the server, communication infrastructure or inadequate software and hardware of the User are covered as force majeure as well.

If an authorized court does establish Skill-Up’s liability, the total amount of the liability cannot exceed either the total value of the paid service during three months prior to the damaging event or an amount of EUR 25.

d. Disclaimer

If an imputable shortcoming of the User causes damage to Skill-Up, Users, or any third party(-ies), the User concerned shall be deemed to indemnify Skill-Up, as well as its directors, share holders, employees, representatives, or other directly associated private individual or legal entity for any direct or indirect claim, as well as direct or indirect damage.

8. Privacy policy

We appreciate your confidence in us. Consequently, we see it as our responsibility to protect your privacy. You should be aware that Skill-Up is not responsible for the privacy policy of other websites, online applications and sources.

By using the Application, you accept the Privacy policy.

 

How we use collected data

Using our Services

When you log in to one of our Services, we ask you for your personal data. This information can be used in the Application, and to perform several functions of "Skill-Up". The information is saved on secured servers hosted by "Transip" (www.transip.be).

We shall not combine this information with other personal data we may dispose of.

Communication
When you send us an email or other messages, we may save those messages. In some cases we may ask you for personal data that may be relevant to the situation. This allows us to process your inquiries and answer your requests. The information will be stored on our secured servers from "One.com".

We shall not combine this information with other personal data we may dispose of.

Cookies
The web application makes use of "cookies" (small text files which are placed onto your computer). Cookies are used to save settings and to optimize the various functions of the Application.

Third parties

The information will not be shared with third parties, except for information needed on behalf of our web store. This information shall only be used for the goal of the relevant application and shall not be further distributed.

Furthermore, in some cases the information may be shared internally. Our employees are obliged to respect the confidentiality of your information.

Amendments
This privacy policy is adapted to the use of our Application. Possible amendments and/or changes to the Application may lead to changes in this Privacy policy. It is therefore advisable to regularly consult the privacy policy.

Options for personal data
We offer all visitors the option to consult, edit or delete all personal data shared with us at the moment.

Editing of/unsubscribing from communication
If you wish to edit or delete your data, please contact us. See contact information below.

Disabling cookies

Most browsers automatically accept cookies, though you can change these settings to refuse all cookies or to indicate when a cookie is being sent. If cookies are disabled in your browser, however, some functions on our and other websites may not function correctly.

9. Miscellaneous provisions.

Either Party shall be entitled to completely or partially transfer or allot this agreement to another enterprise or a group of enterprises to which it belongs or is associated with the sale, transfer, fusion, consolidation, or any other provision of all or virtually all assets of the enterprise, after a written agreement to the other Party on the condition that such transfer or allocation shall not negatively affect the rights of the other Party.

The nullity or invalidity of a provision or a part of a provision of these conditions has no consequences for the functioning of the other provisions. The disputed provision shall be deemed as independent and not applicable. Skill-Up has the privilege to replace the relevant provision by a valid provision of equivalent effect. (Sub)Titles in this agreement are merely of illustrative value, one cannot derive any rights from them.

All matters, questions and disputes concerning the validity, interpretation, ratification, execution, or termination of this agreement shall be governed by Belgian law, without taking into account any other choice of law, or conflicting guidelines, or provisions (Belgian, foreign, or international) that make any other than the Belgian jurisdiction applicable.

A dispute concerning the validity, interpretation, ratification, execution, or ratification of this agreement shall fall within the exclusive competence of the courts where Skill-Up’s headquarters are located, though disputes are to be settled amicably as often as possible.

Questions and feedback

We regularly review whether we meet our Terms & Conditions / Privacy policy. If you have any questions regarding our policy, you can contact us:

Skill-Up INTERNATIONAL

Burgemeester Maenhautstraat 100-102

9820 Merelbeke

BELGIUM