Skillkeepr Inc. (“Skillkeepr”; “we”; “us”; “our”) owns and operates the website located at www.skillkeepr.com (the “Website”). These Terms of Use apply to all users of the Website, including users who upload any materials to the Website, users who use services (the “Services”) provided through the Website, and users who simply view the content on or available through the Website (“Users”; “you”).
By using this Website, you indicate your acceptance of these Terms of Use. If you do not accept these Terms of Use, then do not use this Website or any of its content or Services. These Terms of Use may be amended or updated by Skillkeepr at any time without notice, unless it has been otherwise specified or agreed upon, and the Terms of Use may have changed since your last visit to this Website. It is your responsibility to review these Terms of Use for any changes, unless otherwise agreed upon. Your use after any amendments or updates of these Terms of Use shall signify your assent to and acceptance of such revised terms. Any new features that may be added to this Website at any time will be subject to these Terms of Use unless stated otherwise. You should visit this page periodically to review these Terms of Use.
In order to use the Website and Services, you will be required to register for an account and may be asked to provide certain Personal Information. All Personal Information that you provide to us will be treated in accordance with the terms of our Privacy Policy, which are hereby incorporated by reference into these Terms of Use.
The Service. Skillkeepr provides career coaching and recruitment services for Tech and marketing professionals seeking employment globally (the “Service”). The Service provides access to educational materials, consultation services, and resume review. We also make user profiles available to recruiters to view and contact you about possible employment or work opportunities. The Service also allows users to interact with a closed User forum through the Website. In order to access the Service and start creating or contributing with other Users, you must register for the Services.
Registration. You must be over the age of eighteen (18) years old to register. When you register you will be required to input your email address and full name ,and also to select a password. You are solely responsible for all activity that occurs on your account, including unauthorized use of your account; therefore, ensure you create a strong password and do not share it with any other person. We will not be liable or responsible for any loss, damage, harm, claim or other injury that occurs as a result of unauthorized use of your account. If you suspect that your account has been compromised, please notify us immediately. You may also be required to submit your payment information. Once you have registered for an account, you will be able to create a User profile that has the option to include the following information (as applicable): a profile picture; work experience; education; information about eligibility to work in Canada, Europe, and other parts of the world; website; GitHub account information; a link to your LinkedIn account; and your English level.
Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials transmitted to the Website by Users, whether in forums or otherwise (“User Content”), is the sole responsibility of such Users. This means that the User, and not Skillkeepr, is entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Website and the Service. Skillkeepr does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Skillkeepr be liable in any way including, but not limited to: any errors or omissions in any materials; any defects or errors in any printing or manufacturing; or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
Restrictions on User Content and Use of the Service. Skillkeepr reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate Users or reclaim Usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to: (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce these Terms of Use, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to User support requests; or (v) protect the rights, property or safety of our Users and the public.
In using the Website and/or the Service You shall not:
copy any content unless expressly permitted to do so herein;
upload, post, email, transmit, or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
you do not have a right to make available under any law or under a contractual relationship; infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights); is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
impersonate any person or entity or misrepresent their affiliation with a person or entity;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
collect or store personal data about other users or viewers;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
register for the Service on behalf of a group or corporate entity.
You also agree not to access the Website in a manner that utilizes the resources of the Website more heavily than would be the case for an individual person using a conventional web browser. Notwithstanding the foregoing, operators of public search engines may use spiders or other bots for the purpose of creating publicly available searchable indices of the materials on this Website.
License of Content. By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content to the extent necessary to provide the Service. Skillkeepr will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit.
End User License. Except for User Content, this Website and the information and materials that it contains, are the property of Skillkeepr and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Skillkeepr grants you a non-transferable, non-exclusive, license to (a) use the Website and the content contained therein for your individual use (the “License”). Nothing in the Terms gives you a right to use the Skillkeepr or Skillkeepr names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not and shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or Skillkeepr App shall be subject to the terms of these Terms.
Feedback. If you provide Skillkeepr with any suggestions, comments or other feedback relating to any aspect of the Website, Skillkeepr App and/or the Service (“Feedback”), Skillkeepr may use such Feedback in the Website or in any other Skillkeepr products or Services (collectively, “Skillkeepr Offerings”). Accordingly, you agree that: (a) Skillkeepr is not subject to any confidentiality obligations in respect to the Feedback; (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Skillkeepr; (c) Skillkeepr (including all of its successors and assigns and any successors and assigns of any of the Skillkeepr Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Skillkeepr Offerings; and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Skillkeepr or any of the other users of the Website in respect of the Feedback.
Links. While Skillkeepr does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 5 of these Terms of Use. Skillkeepr reserves the right to prohibit or remove (or require you to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.
Disclaimer of Representations, Warranties and Conditions. The website and service and all materials provided therein are provided “As is.” Skillkeepr specifically disclaims all representations, warranties and conditions, either express, implied, statutory, by the usage of trade, course of dealing or otherwise including, but not limited to, any implied warranties of merchantability, non-infringement, title, satisfactory quality or fitness for a particular purpose. Any information or material downloaded or otherwise obtained through the use of the service is at your own discretion and risk, and you will be solely responsible for any damage to your computer system, loss of data, or any other loss that results from downloading or using any such material. Skillkeepr does not warrant, endorse, guarantee, provide any conditions or representations, or assume any responsibility for any conduct, representation, promise or communications with or of any recruiter or any product or service, the offer of employment, the position of employment advertised or offered by any third party through the website or in respect to any website and Skillkeepr shall not be a party to any transaction that you may enter into with any such third party. Skillkeepr will not be liable for any type of content exchanged by means of the service.
Limitation of Liability. Under no circumstances shall Skillkeepr be liable for any indirect, incidental, special, consequential, exemplary or other damages whatsoever, including, without limitation, any damages that result from: (i) your use of or your inability to use this Website or the Service; (ii) the cost of procurement of substitute goods, data, information or services; (iii) errors, mistakes, or inaccuracies in the materials on the Website; (iv) personal injury or property damage of any kind whatsoever arising from or relating to your use of the service, any bugs, viruses, trojan horses, or any other files or data that may be harmful to computer or communication equipment or data that may have been transmitted to or through the Website; or (v) any errors or omissions in any material on the Website or any other loss or damage of any kind arising from or relating to your use of the Website. These limitations shall apply, even if Skillkeepr has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Skillkeepr’s liability to you for any damages arising from or related to this agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of: (a) fifty US Dollars ($50.00 USD), or (b) amounts you have paid Skillkeepr in the prior 12 months (if any). The foregoing limitations shall apply to the fullest extension permitted by law in the applicable jurisdiction.
Indemnification. You shall indemnify and hold Skillkeepr and its subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, actions, proceedings, demands, damages, losses, costs, and expenses (including reasonable attorneys’ fees), incurred in connection with any materials submitted, posted, transmitted or made available by you through the Service and/or any violation by you of these Terms of Use.
Termination. Skillkeepr may, under certain circumstances and without prior notice, immediately terminate your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to (a) breaches or violations of these Terms of Use or any other agreement that you may have with Skillkeepr (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by you to Skillkeepr); (b) requests by law enforcement or other government agencies; (c) a request by you; (d) discontinuance or material modification to the Website (or any part thereof); (e) unexpected technical, security or legal issues or problems; and/or (f) participation by you, directly or indirectly, in fraudulent or illegal activities. Termination of your access to the Website may also include the removal of some or all of the materials uploaded by you to the Website. You acknowledge and agree that all terminations may be made by Skillkeepr in its sole discretion and that Skillkeepr shall not be liable to you or any third party for any termination of your access to this Website or for the removal of any of the materials uploaded by you to the Website. Any termination of these Terms of Use by Skillkeepr shall be in addition to any and all other rights and remedies that Skillkeepr may have.
Availability and Updates. Skillkeepr may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website and Service may be unavailable at any time due to maintenance or malfunction of the computer or network equipment, or other reasons. Skillkeepr may periodically add or update the information and materials on this Website without notice.
Security. Information sent or received over the Internet is generally insecure and Skillkeepr cannot and does not make any representation or warranty concerning the security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Skillkeepr will not be liable for any loss or damage arising from your failure to comply with these requirements.
If your non-identifiable data are used for research purposes, then the limitation of liability and indemnity clauses contained within the End User License Agreement/Terms of Service Agreement are waived with respect to any harms suffered or liabilities incurred as a result of any research activities.
General. These Terms of Use, together with any Privacy Policy that may be published on the Website, constitute the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these Terms of Use issued by Skillkeepr. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Skillkeepr to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Skillkeepr must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Skillkeepr’s prior written consent.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Skillkeepr Website or Service, please contact us at: info@skillkeepr.com
Skillkeepr (“Skillkeepr”; “we”; “us”; “our”) operates an online job marketplace platform via www.skillkeepr.com (the “Website”) and other channels (the “Service”). The Service connects companies (“Company”; “Companies”), and candidates (“Talent”; “Talents” ) with each other trying to match the right person with the right job. Talents are natural persons seeking new employment or freelance contracts through the Service. Companies are natural persons or business entities searching for new employees or contractors through the Service.
The “agreement” shall mean the Skillkeepr Agreement and these Terms of Use.
1. Scope within the framework of the Companies’ own technical and operational possibilities. Skillkeepr allows the Companies to participate in the Service. Skillkeepr provides all Services in connection with the Service for Companies solely based on these Terms of Service (hereinafter referred to as “Company Terms of Service” or “Terms of Service”). General terms and conditions of Companies become an integral part of the agreement between the Company and Skillkeepr, only if Skillkeepr explicitly consents to them in writing.
Skillkeepr can utilize the services of independent third parties for the service (“Third Party Service” ) such as app stores and social networks. No third party services are provided by third parties upon the instruction of Skillkeepr. Third party services are not provided by Skillkeepr. Skillkeepr or the third party will identify these services in a suitable manner. Any issues in connection with third-party services are not affected by these Terms of Service. Skillkeepr shall not be responsible for third party services. Third-party services are potentially subject to their providers’ general terms and conditions.
2. Limits of Use / Prohibited Conduct Skillkeepr provides the Service solely for use in accordance with these Terms of Service and the Skillkeepr Agreement. The Company may not use this service other than in accordance with these terms.
3. Obligations of Company shall submit relevant information about the Company as requested by Skillkeepr. Unless otherwise provided in these Terms of Service, Skillkeepr will usually communicate with the Company via email. The Company shall make sure that it receives all emails sent by Skillkeepr to the address submitted in the course of the application, or at a later date. The Company will in particular configure the spam filter accordingly and regularly check all incoming email under this address. Skillkeepr may choose any other appropriate means of communication.
4. Placement/Payment. The company undertakes to inform Skillkeepr in writing (via email is sufficient) as soon as possible, but no later than the number of days specified in the Skillkeepr Agreement if an introduced Talent is hired or otherwise contracted by Company ( “Placement” ). The notification shall include the start date, the date the contract was signed and information about the salary. Skillkeepr may contact Company to request status updates about ongoing negotiations. Placement shall mean any form of employment, temporary employment, contracting or other use of Talent by Company or an undertaking affiliated with Company. If Talent is placed by referral using the Service, Skillkeepr will receive a commission as specified in the Skillkeepr Agreement. Excluded is compensation paid by Company to Talent to compensate expenditures (e.g., travel, relocation, visa application), as well as any equity, share options or similar compensation options. If the Placement is for less than twelve months, Skillkeepr’s commission will be calculated on a pro-rata basis. This is done for a period of up to twelve months from the initial placement. Payment terms are governed by the Skillkeepr Agreement.
5. Limitation of Liability / Availability Skillkeepr shall be unrestrictedly liable for losses caused intentionally or with gross negligence by Skillkeepr, its legal representatives or senior executives and for losses caused intentionally by other assistants in performance; in respect of gross negligence of other assistants in performance Skillkeepr’s liability shall be as set forth in the provisions for simple negligence. Both parties shall be unrestrictedly liable for death, personal injury or damage to health caused by the intent or negligence of such party, its legal representatives or assistants in performance.
Other than in case of intent neither party accepts any liability under or in relation to the Agreement or its subject matter whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason for any indirect damage and consequential damage, in particular, not for loss of profit, interruption in business and/or interruption of operations of the other party or its customers, unless explicitly specified otherwise in these Terms of Service.
6. Intellectual Property/Indemnification. All rights not expressly granted in these Terms of Use are reserved by Skillkeepr. Skillkeepr will retain all rights, titles, and interests in and to the Service (except for any licensed content and third-party content included therein), including all data (such as any usage data and compilations thereof), information and software related thereto. The Company acknowledges that the software, information, content and data related to the Service (such as any usage data or compilations thereof) are protected for Skillkeepr under copyright and similar rights and may contain trade secrets or other intellectual or industrial property owned or licensed by Skillkeepr. Company agrees that Skillkeepr may use any information submitted to the Service in accordance with and to perform its obligation under these Terms of Service, (e.g., displaying work examples to other Companies), even if the information submitted is protected by intellectual property laws, especially copyright. Both parties hereby agree to indemnify, defend and hold harmless the other party and its subsidiaries, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on: (i) any failure or breach of the Agreement and the Terms of Service, including any representation, warranty, covenant, restriction or obligation made by it herein; and (ii) any misuse by it, or by a party under the reasonable control of it.
7. Confidentiality. Except as otherwise provided in these Terms of Use or with the consent of the other party, both parties agree that all information, including, without limitation, the terms of the Agreement, business information, customer lists, and pricing and sales information, curriculum vitae and work examples concerning either party provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by either party for any purpose other than Company’s participation in the Service (“Confidential Information”). Company shall especially not use any information obtained from the Service to develop, enhance or operate a service that competes with the Service, or assist another party to do the same. After and during the term of the Agreement, neither party will use for any purpose or disclose to any third party, any Confidential Information of the other party. Any exception to this must be obtained in advance. The foregoing restriction does not apply to information that has been developed independently by the receiving party without access to the other party’s Confidential Information or has been rightfully received from a third party authorized to make such disclosure or has been approved for release in writing by the disclosing party or has become publicly known through no breach of this Section by the receiving party or is required to be disclosed by a competent legal or governmental authority, provided that the receiving party gives the disclosing party prompt written notice of such requirement prior to disclosure and assists in obtaining an order to protect the information from public disclosure. Skillkeepr may use aggregated and anonymized data for statistical and marketing purposes. Skillkeepr will aggregate and anonymize data from multiple Companies before releasing such aggregated data.
8. Term / Termination. The Agreement shall commence on the date of execution of the Skillkeepr Agreement and shall continue thereafter until terminated from either party. Each party has the right to terminate the agreement by giving an advance notice of 30 days unless otherwise agreed in writing. Every termination must be in written form, whereby the written form is maintained by email. Upon request, the reasons for extraordinary termination must be disclosed immediately in writing if the termination notice did not specify them already. Any standard termination notice does not require the specification of the termination reasons.
9. Data Protection. Skillkeepr processes and utilizes the Company’s data collected during the performance of the Agreement and within the framework of the Terms of Use, specifically to the extent necessary to fulfil the agreement properly, in accordance with all applicable data protection provisions. The Privacy Policy of Skillkeepr shall apply (retrievable under Privacy Policy). The Company understands and agrees that the performance of the Agreement includes the making available of personal data to other users subject to these Terms of Use (e.g., making a Talent’s curriculum vitae (CV) available to Companies). The Company understands and agrees, that Skillkeepr may contact Company via phone, email, or messaging service and suggest Talents which fit the Company’s profile.
10. Changes to the Terms of Use. Skillkeepr may make changes to these Terms of Use (including amendments) at any given time, for the future, if this should prove necessary (in particular to reflect changes in the Service or changes in the legal framework applicable to it, such as new legislation or case-law) and provided the Company is not disadvantaged contrary to good faith. The Company will be notified of changes to the Terms of Use in appropriate form. Skillkeepr will notify the Company via email. The Company may dispute changes to the Agreement within a time period of two weeks following receipt of the notification of the changes and the possibility of taking notice thereof. It is recommended that the Company submits its opposition in writing (for example, via email). The changes to the Terms of Use become binding in the event that the Company: (i) does not dispute the changes within the above-mentioned time period; or (ii) continues to use the Service after the above-mentioned period. Skillkeepr will inform the Company about the possibility of disputing the changes and the legal consequences, especially the legal consequences of a lack of opposition when notifying the Company about the changes to the Terms of Use. If the Company disputes the changes in time, each party may terminate the Agreement with one month’s prior notice. Until termination, the Agreement in their former version will govern the Company’s relationship with Skillkeepr. The Company does not have any other claims against Skillkeepr. Changes to the terms of the Skillkeepr Agreement have to be made in writing and agreed to by both parties.
11. Governing Law / Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of the country in which the Company resides. The Company irrevocably submits to the exclusive jurisdiction of the courts in their country over any claim, dispute or matter arising under or in connection with this Agreement or its enforceability.
12. General Provisions. The Agreement contains the entire agreement between Skillkeepr and Company with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Terms and conditions of the Company do not become part of the Agreement unless Skillkeepr has accepted them in writing. All or any of Skillkeepr’s rights and obligations under the Agreement may be assigned to a subsequent owner or operator of the Service in a merger, acquisition, or sale of all or substantially all of Skillkeepr’s assets. The Company must not assign or transfer the Agreement or any or all of its rights thereunder without the prior written consent of Skillkeepr. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, and valid assigns of the parties hereto. Except as set forth above, the Agreement may not be modified without the prior written consent of both parties. Any changes, amendments or the abrogation of the Agreement (partly or entirely) require written form (letter, fax, or email); the requirement of written form can only be waived in written form. The English version of these Terms of Service is decisive. By submitting the completed Skillkeepr Agreement (signed in writing or electronically), Company affirms and acknowledges that Company has read these Terms of Use in their entirety and agrees to be bound by all of its terms and conditions. If the Company does not wish to be bound by these Terms of Use, Company should not submit an application to join the Service.