EFFECTIVE DATE: SEPTEMBER 2023
1.
At Upskilling, we understand that the path to career success is rarely a straight line. That's why we've created a suite of intelligent, personalized tools designed to be your co-pilot through every twist and turn of your professional journey. From the nerve-wracking job search to the complexities of role management and the excitement of career transitions, we're here to guide you.
We're not just another career platform; we're your strategic partner in success. Our mission is to empower you to take control of your career trajectory, making each move more strategic, informed, and aligned with your aspirations.
In furtherance of our mission, we provide products and services through the use of our mobile app and websites.
1.1 PARTIES
This Agreement is a contract between you (“You”, “Your”, “User”) and Upskilling Technologies Ltd (“Upskilling”, “We”, “Us”, “Our”).
1.2 USER CONSENT
Please read these Terms of Use carefully before using Our Services. These Terms Of Use relate to how you use our platform and /or services. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Use.
By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference into these Terms, If you do not agree to all the Terms and Conditions, please do not proceed with any form of registration. These Terms of Use apply to all visitors, users, and others who access or use Our Services.
1.3 DEFINITION AND INTERPRETATION OF TERMS.
In this Agreement, unless the context otherwise requires, the following words and expressions shall have the following meanings;
Applicable Law(s): means the following, as amended from time to time, to the extent it applies to a Party;
Any statute, regulation, notice, policy, directive, ruling, or subordinate legislation (including treaties, multinational conventions, and the like having the force of law);
The common law;
Any binding court order, judgment, or ruling;
Any applicable industry code, policy, or standard enforceable by law; or
Any applicable direction, policy, or order that is given by any regulator, competent authority, or organ of state or industry body.
Services: means all our products including but not limited to our website and Applications.
Business Day: means any day other than a Saturday, Sunday, or gazetted national public holiday in the Federal Republic of Nigeria.
Confidential Information: means any information or data of any nature, tangible or intangible, oral or in writing and in any format or medium, which by its nature is tangible or intangible, oral or in writing and in any format or medium, which by its nature or content is or ought reasonably to be identifiable as confidential and/or proprietary to the Disclosing Party or which is provided or disclosed in confidence, and which the Disclosing Party or any person acting on behalf of the Disclosing Party may disclose or provide to the Receiving Party or which may come to the knowledge of the Receiving Party by whatsoever means.
Without limitation, Confidential Information shall include the following even if it is not marked as being "confidential", "restricted" or "proprietary" (or any similar designation):
Information relating to the Disclosing Party’s business activities, business relationships, products, services, processes, and data, including agreements to which the Disclosing Party is a party;
Information and data relating to the Disclosing Party’s clients;
Information contained in or constituting or relating to the Disclosing Party’s systems, machinery, hardware or software, networks, telecommunications services, and facilities, including products that are proprietary to a third party, and associated material, and information or incidents concerning faults or defects therein;
The Disclosing Party's technical, scientific, commercial, financial and market information (including valuations and forecasts), methodologies, formulae and trade secrets and its architectural information, demonstrations, plans, designs, drawings, processes, process maps, functional and technical requirements and specifications and the data relating thereto; Intellectual Property that is proprietary to the Disclosing Party or that is proprietary to a third party, including but not limited to data relating to the customers of the Disclosing Party;
Any information identified as confidential by a stamp or other similar notice; and
All other records, data, or information collected, received, stored or transmitted in any manner connected with the provision of Services under this Agreement.
Confidential Information excludes information or data which:
Is lawfully in the public domain at the time of disclosure to the Receiving Party; or
Subsequently becomes lawfully part of the public domain by publication or otherwise; or is or becomes available to the Receiving Party from a source other than the Disclosing Party which is lawfully entitled
Is disclosed pursuant to a requirement or request by operation of law, regulation, or court order but then only to the extent so disclosed and then only in the specific instance and under the specific circumstances in which it is obliged to be disclosed.
Force Majeure Event: means elements of nature or an act of God, an act of governmental body or military authority, fire, explosion, flood, earthquake, epidemic, riot, rebellions or civil disturbance, war, sabotage, insurrections, blockades, embargoes, storms, Government Policies or other similar events that are beyond the reasonable control of the affected Party provided that:
(i) the non-performing Party is without fault in causing such default or delay, and
(ii) such default or delay could not have been prevented by reasonable precautions; and
(iii) Such default or delay cannot reasonably be circumvented by the non-performing Party through the use of alternate sources, workaround plans, or other means
Intellectual Property Rights means all existing and future propriety rights of any kind (whether registered or not) that may subsist anywhere in the world, including, without limitation, rights of copyright and trademarks, patents, and industrial design.
Management: refers to the management of UPSKILLING TECHNOLOGIES LTD at all relevant times
1.4 MODIFICATION OF TERMS
We reserve the right to amend, delete, or replace all or any of these conditions at any time without prior notice. You shall be notified of any changes made to these terms as soon as possible, failure of such notifications shall not invalidate the changes. Amendments may be effected at any time by posting an updated version on our website or App. The revised version will be effective after publication.
2. USE OF THE UPSKILLING APP
2.1 ACCOUNT OPENING
Upskilling would never intentionally open an account for an individual who does not possess the necessary requirements. Access or use of the Website, App, and its Services by any person or entity who does possess these requirements is not allowed or permitted and shall be in violation of these Terms of Use.
To open an account with us, you must fulfill the following criteria:
Have the legal capacity to enter into a legally binding contract.
Be citizens/Residents of the country of application.
Possess the relevant means of Identification.
2.2 ACCOUNT AUTHENTICATION
Upskilling requires you to register and verify your email address before you can proceed to use the services rendered on the App. A User’s account is verified using an OTP sent to the email that was used for signing up.
Users who may choose to log in using Google will be granted access without further Email verification. Only email and profile information will be collected through this process. We do not collect any other sensitive and personal information through Google log ins.
3.
Every material or content displayed on our website belongs exclusively to us except if it is otherwise stated. Therefore, all intellectual property rights are reserved.
3.1 LICENSE TO USE
Compliance with these terms grants you an express right, non-exclusive, non-transferable, revocable license to access and use the Upskilling App and our trademarks for your personal use for the pendency of this Agreement and for the use of our services. This right covers all updates, and upgrades of Upskilling services. Thus, you may not at any time during the use of this app assert any claim, or do anything that may jeopardize the validity of this Trademark. Upon expiration of this agreement, you shall cease any display, advertising, and use of the Trademark.
3.2 LICENSE TO CONTENT
You grant Upskilling a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any content that you post or otherwise submit to us ("User Content") for any purpose, including and without limitation for marketing and promotional purposes.
3.3 OWNERSHIP
You acknowledge and agree that you do not acquire any ownership or rights accruing to our services by using it.
4. PERMISSION TO USE WEBSITE
As a user, you have permission to view, download, and print pages from our website. However, this is subject to the following conditions:
You must not sell, rent, lease, or sub-license content and materials from our website.
You must not copy, reproduce, or reprint any material on our website for commercial purposes.
Images contained on our website may be subject to copyright protection, so you may need the express permission of the copyright owner.
5. OUR GUIDELINES
You agree that we may take civil or criminal actions against you if we have reason to believe that you have used or attempted to use our services in any manner prohibited below;
In relation to any illegal, unlawful, malicious, or prohibited activity in violation of any laws, statutes, ordinances, or regulations in Nigeria and your country of application.
In an attempt to abuse the functionality of our services and/or cause damage to our server or maliciously create accounts for fraudulent purposes. You will not use your Upskilling Account for any other purpose other than the reason for which it was created.
Attempt to hack or gain unauthorized access to any of our services.
6. WARRANTY, INDEMNITY, AND LIABILITY
6.1 WARRANTY
You hereby warrant as follows;
That the information you provide in the course of using any of our products or services is accurate and correct.
You agree to carry out all transactions on our websites or Application in good faith at all material times.
6.2 RESTRICTION ON LIABILITY
Content and information provided on this website are given on an ‘as is’ basis. You hereby agree to hold us harmless from the information on this website. We do not guarantee the accuracy or fitness for a particular purpose of the content of this page therefore we expect you to always carry on your own independent research with respect to any content on our page.
At Our sole discretion, we reserve the right to modify or replace these Terms at any time however, we do not also guarantee that the contents and materials contained in this website would be updated regularly. We therefore reserve the right to alter, defer, or discontinue any of the services at any time, for any reason. Under no circumstance shall our liabilities exceed the amount paid by you for the services provided to you.
Our Liability is restricted to the barest minimum approved by the applicable law and we exclude all representations, warranties, and conditions. We will not be liable for any direct or indirect loss or damages arising under these Terms of Use or in connection with our website and other platforms.
We do not warrant that our services will not be uninterrupted or operate without errors, or that our services will be available and operational at all times.
6.3 INDEMNITY
In the event of a suit resulting from your action or inaction, You agree to indemnify and defend us, and anyone linked to us including but not limited to our directors, officers, employees, and agents. You agree to hold us harmless from and against any claims, actions, suits, or proceedings, as well as any losses, liabilities, damages, costs, and expenses arising out of or in connection with your use of the Upskilling Services, or breach of these Terms.
In the event that we choose to conduct our legal defense using our own strategy, you agree to grant us your full and unreserved cooperation even if you are indemnifying us.
7. PAYMENTS AND SUBSCRIPTIONS
The modalities for payments are as follows;
The payment mode for our services is through credit points or subscriptions. The Users of the app may buy a number of credits to use whichever tool on the app and continue that way till the credit points are exhausted.
There is a subscription-based plan that is billed and renewed monthly or annually (This subscription plan can be canceled at any time).
Both payment models require that a user fills in their credit card details and other information on a third-party payment handler.
As a marketing tool, there will be a referral system that allows users to invite others and their friends to the app using their referral code. The users who refer others get a certain number of credit points to use tools on the app
Upskilling may charge fees for certain features or services from time to time. You will be duly notified before using the feature or service. You agree to comply in order to continue enjoying the use of such features or services.
You authorize us to charge your chosen payment method for any fees incurred by your account.
8. SUPPORT
We have a team of professionals available 24/7 to give users a seamless means to handle their complaints arising from the use of our services.
If you suspect an illegal or suspicious transaction has occurred, you must report us immediately so that appropriate action can be taken to avoid/prevent financial damage. All claims against the app must be filed within thirty (30) days of the transaction taking place. If no claims are made within the specified time frame, it is presumed that you exonerate us to the fullest degree permitted by law.
9. CLOSING ACCOUNT
You reserve the right to request the closure of your account with us without incurring any costs. Once this right is exercised, your access to our services will be restricted.
We reserve the right to terminate, cancel, suspend, freeze, or restrict access to your account without notice under the following circumstances:
You have engaged in fraudulent or questionable behavior with your Upskilling account, according to a report or the results of our inquiries
You are in violation of, the terms and conditions contained in this agreement.
You put us in danger or there could be legal risk
We are required to do so by law.
10. LINKS TO OTHER WEBSITES
Please be informed that we may include third-party links on our websites. These links are outside our control hence we do not take responsibility for content consumed on any linked third-party sites including its Terms of Use, Privacy policy, Cookies policy, etc
You agree to hold us, Upskilling Technologies Ltd, its directors, or any of its subsidiaries harmless and blameless from any liabilities, damages, and loss that may arise from the use of our services or the content of any linked third-party sites.
11. GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement shall be governed by and construed in accordance with the Laws of the Federal Republic of Nigeria and/or General Data Privacy Regulations.
Any dispute arising from these Terms of Use including its interpretation and legitimacy or as to the rights, obligations, and liabilities of the parties hereto or as to any other matter in any way associated with the subject matter of these Terms of Use shall be settled amicably between parties.
Where amicable settlements cannot be reached through negotiations within 30 (thirty) days such disputes shall be resolved in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria 2004. The venue for Arbitration shall be in Lagos.
12. MISCELLANEOUS
12.1 ENTIRE AGREEMENT
This Terms of Use constitute the entire understanding between us and the users in relation to use of our services.
12.2 NO WAIVER
The failure of a party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If and when no claims have been made after the stipulated days, it would be assumed that you exonerate us from any claims to the fullest extent of the law.
12.3 SEVERABILITY
If any Clause or Provision of this Terms of Use is held by any Court of Competent Jurisdiction or any Law to be invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and shall in no way be affected, impaired or invalidated.
12.4 ASSIGNMENT
You may not assign these Terms or any of your rights or obligations under these Terms without our prior written consent and any attempted assignment without such consent will be null and void. We may assign these Terms or any of its rights or obligations under these Terms without your prior written consent.
12.5 FORCE MAJEURE
Liability for any default or breach of contract shall not lie in the instance of any delay pertaining to an act of God such as fire, explosion, Flood, or acts out of the control of such parties such as riot, war, unexpected government policies, pandemic or terrorism.
In the event of such acts occurring, the party is expected to notify the remaining party of such actions as well as a resolution date.
DECLARATION
By agreeing to this, you hereby grant Upskilling the right to use your name, and logo in our marketing tools and that you understand that you are opening an account with us and that all the information you have supplied for this purpose is true and correct. You also agree to abide by the above-listed terms and conditions, which govern our operations. By opening an account with us, you consent to our carrying out regular identity and fraud prevention checks.
Furthermore, you indemnify Upskilling of any legal actions or otherwise, that will emanate out of your violation of this agreement, or falsified information provided upon registration.
CONTACT US
If you have any questions or comments about these Terms or our services, please contact us at dpo@upskillingcareers.com