Terms of service
Effective Dec, 2024
ARBITRATION NOTICE/CLASS ACTION WAIVER: PLEASE REVIEW THESE TERMS OF SERVICE (“TERMS”) CAREFULLY. YOU AGREE THAT DISPUTES BETWEEN YOU AND SKILLVATION AFRICA WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (INCLUDING CLAIMS THAT AROSE OR WERE ASSERTED BEFORE THE EFFECTIVE DATE OF THESE TERMS), AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION OR A TRIAL BY JURY. THESE TERMS EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION. BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES OF THIS IMPORTANT DECISION.
These Terms constitute a legally binding agreement between you and Skillvation Africa, Inc., a Delaware corporation, and its subsidiaries, representatives, affiliates, officers, and directors (collectively, “Skillvation Africa,” “we,” “us,” or “our”) governing your use of Skillvation Africa’s website and service, or services directly related to Skillvation Africa’s website and service, including (without limitation) all websites, mobile applications, and other interactive properties through which such services are delivered, or live events (as defined in Section VI below) sponsored or facilitated by Skillvation Africa (collectively, the “Service” or “Services”).
By accessing and/or using our Services, whether or not you register for a membership, you are agreeing to the Terms, the terms and conditions of our Privacy Policy, and any other legal notices or other rules, policies, and procedures relating to the Services that we may publish from time to time (collectively, the “Governing Documents”). Therefore, please carefully review these documents. If you do not agree, do not access and/or use the Services. If there is a conflict between these Terms and any other terms and conditions covering a specific area of the Services, the latter terms and conditions shall control unless they expressly state otherwise.
You can use these Services, at different times, as either a Student or a Instructor or both. When these Terms refer to “Instructors,” they specifically refer to those who use the Service to teach, advise, and/or mentor; upload classes or similar content; or provide other similar services; and who have the opportunity to earn payments from Skillvation Africa or a Skillvation Africa partner for such activity. When these Terms refer to “Students“ they refer to those who use the Service for any other purpose, including when you browse the Service or watch classes posted by Instructors. Unless otherwise specified, the use of “you” (or similar words like “your”) and “user” or “users” refers to both Students and Instructors, as applicable.
If you are a Instructor, your access to and use of the Service are additionally subject to the Instructor Rules and Requirements.
In these Terms, the words “including” and “include” mean “including, but not limited to.”
We may, at our sole discretion, modify these Terms at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications.
If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
If you have additional questions or require more information about our Privacy Policy, do not hesitate to contact us.
This Privacy Policy applies only to our online activities and is valid for visitors to our website with regards to the information that they shared and/or is collected on Skillvation Africa. This policy is not applicable to any information collected offline or via channels other than this website.
Table of Contents
- Account Terms
- Subscriptions, Payments, and Cancellation
- Prohibited Uses
- Our Materials and License to You
- User Content
- Live Events
- If You See Something That Infringes Your Copyright
- Arbitration Agreement
- Class Action Waiver
- Disclaimer of Warranties
- Limitation of Liability
- Indemnification
- How to Contact Us
- Miscellaneous
I. Account Terms
Students and Instructors must be at least 18 years of age to create an account on Skillvation Africa and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the U.S. or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you watch or participate in classes or other content that is appropriate for you.
Additionally, the following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
- You must provide us with the following information in order to create a Skillvation Africa account: an email address you control and use and your zip code. You must also provide us with valid credit card information.
- You must keep all of your information up to date.
- You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
- Your account must be used by you alone. You may not share your account, your login information, access to your Skillvation Africa membership, or any content contained on the Service with anyone else and you may not create an email alias for purposes of sharing your Skillvation Africa membership with other individuals or groups. This rule does not apply solely where an organization has created a single account for the limited purpose of publishing class material on behalf of multiple Instructors, with the permission of each of those Instructors.
- You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Skillvation Africa will not be liable for any loss or damage from your failure to comply with this security obligation.
- Your use of the Service is subject to all applicable laws and regulations. You will use the Service only for lawful purposes.
- Our Service may integrate with third-party tools to provide certain features or functionality. By using our Service, you agree to be bound by the terms of service and privacy policies of these third-parties.
- You will comply with our whenever you use the Service, including during your participation in any Event (as defined in Section VI below).
- You will use any data associated with the Service in accordance with our Privacy Policy.
- By enrolling in a class, other content on Skillvation Africa, or an Event, you grant us permission to share your information, including personal data (as further specified in our Privacy Policy), with the Instructor offering the content or Event.
- You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf.
- You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
- You can terminate your account at any time by contacting our Support team. Review our Privacy Policy to see what happens when you terminate your account.
- We may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email, using the email address we have for you on file, before terminating your account, in an effort to provide you with an opportunity to log in to your account so that it remains active.
If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that deceased user will be closed.
We reserve the right to, at any time, without notice, modify, suspend, or terminate operation of or access to the Service, or any portion of the Service, for any reason. We further reserve the right to delete or suspend your account: (1) if you violate our Terms, Instructor Rules and Regulations (2) if you are inactive for an extended period of time.
We may use the email address you provide us when you create a Skillvation Africa account to share with you marketing or other promotional communications. By creating an account and providing us an email address, you agree to the use of your email address for these purposes. You may opt out of future marketing or promotional communications at any time by going to your Account Settings. From there, you can choose the subjects on which you wish to receive marketing communications, or select “Don’t Send Me Any Email” to unsubscribe from all marketing and promotional communications.
II. Subscriptions, Payments, and Cancellation
A. Subscriptions and Payments
- Unless you enrolled via a gift card or scholarship, your subscription will continue and automatically. When you make payment a fee is charged based on the applicable pricing, as well as any applicable tax, on the calendar day corresponding to the commencement of your paying. You agree to provide updated payment information upon request and any time the information you previously provided is no longer valid. We reserve the right to change the timing of our billing, including if your payment method has not successfully settled.
- If you are located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.
- Skillvation Africa collects all fees through secure third-party payment processors. Our third-party payment processors accept payments through methods detailed on the applicable payment screen, which may include various credit cards, PayPal, and mobile money payments. Such payment methods are subject to change. Information that you supply to our payment processors is not stored by us or within our control, and is subject to each of our third-party payment processors’ own privacy policies and terms and conditions. Third-party payment processors may charge a fee to process payments and Skillvation Africa is not responsible for any fees charged by them. Skillvation Africa disclaims all liability with regard to any fees or problems you have with third-party payment processors.
- If you enroll in a Skillvation Africa subscription via a coupon or scholarship, you will not be required to provide a payment method at the time of enrollment and your subscription will end automatically at the conclusion of the applicable subscription period provided by your coupon or scholarship.
- Skillvation Africa reserves the right to develop and launch new products or services or make changes to any products or services offered through the Service. If you choose to purchase any additional products or services offered by Skillvation Africa or Instructors, you may be charged additional amounts for such products or services.
- Skillvation Africa also reserves the right to change the terms of your subscription, including price, from time to time, effective as of the beginning of your next billing period following the date of the change. We will give you advance notice of these changes, but we will not be able to notify you of changes in any applicable taxes. If you do not wish to accept the price change or change to your subscription plan, you can cancel your subscription before the change takes effect.
- Price changes, whether pertaining to subscriptions or other products, may be the result of many factors, including changes in costs related to procuring content or providing the Services, changes to market conditions or the consumer price index, or changes to applicable tax rates. Should these costs go up, we may increase our prices accordingly. Should these costs go down, we may decrease our prices accordingly.
Additionally, the following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:
- You must provide us with the following information in order to create a Skillvation Africa account: an email address you control and use and your zip code. You must also provide us with valid credit card information.
- You must keep all of your information up to date.
- You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.
- Your account must be used by you alone. You may not share your account, your login information, access to your Skillvation Africa membership, or any content contained on the Service with anyone else and you may not create an email alias for purposes of sharing your Skillvation Africa membership with other individuals or groups. This rule does not apply solely where an organization has created a single account for the limited purpose of publishing class material on behalf of multiple Instructors, with the permission of each of those Instructors.
- You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Skillvation Africa will not be liable for any loss or damage from your failure to comply with this security obligation.
- Your use of the Service is subject to all applicable laws and regulations. You will use the Service only for lawful purposes.
- Our Service may integrate with third-party tools to provide certain features or functionality. By using our Service, you agree to be bound by the terms of service and privacy policies of these third-parties.
- You will comply with our whenever you use the Service, including during your participation in any Event (as defined in Section VI below).
- You will use any data associated with the Service in accordance with our Privacy Policy.
- By enrolling in a class, other content on Skillvation Africa, or an Event, you grant us permission to share your information, including personal data (as further specified in our Privacy Policy), with the Instructor offering the content or Event.
- You acknowledge that we may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on our servers on your behalf.
- You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service.
- You can terminate your account at any time by contacting our Support team. Review our Privacy Policy to see what happens when you terminate your account.
- We may terminate your account and delete any content contained in it if there is no account activity (such as a log in event or payment) for over 12 months. However, we will attempt to warn you by email, using the email address we have for you on file, before terminating your account, in an effort to provide you with an opportunity to log in to your account so that it remains active.
If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that deceased user will be closed.
We reserve the right to, at any time, without notice, modify, suspend, or terminate operation of or access to the Service, or any portion of the Service, for any reason. We further reserve the right to delete or suspend your account: (1) if you violate our Terms, Instructor Rules and Regulations (2) if you are inactive for an extended period of time.
We may use the email address you provide us when you create a Skillvation Africa account to share with you marketing or other promotional communications. By creating an account and providing us an email address, you agree to the use of your email address for these purposes. You may opt out of future marketing or promotional communications at any time by going to your Account Settings. From there, you can choose the subjects on which you wish to receive marketing communications, or select “Don’t Send Me Any Email” to unsubscribe from all marketing and promotional communications.
A. Free Trials and Other Promotions or Sales
From time to time, we or others on our behalf may offer trials of paid subscriptions to our Skillvation Africa membership for a specified period without payment or at a reduced rate (a “Trial”). Skillvation Africa reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
For some Trials, we will require you to provide a payment method to start the Trial. At the end of such Trials, we will automatically charge you via that payment method for the applicable paid subscription on the first day following the end of the Trial and on a recurring monthly or annual basis, unless you cancel prior to the end of the free Trial, or before the renewal date, as applicable. By providing your payment details in conjunction with the Trial, you agree to this charge using such payment method. If you do not want this initial charge, or the renewal charge, you must cancel the applicable paid subscription prior to the charge through your payment settings within your Skillvation Africa account profile.
We also occasionally run time-limited promotions and sales, during which time the cost of subscription may be lower. The subscription price we offer may be different when you are logged into your account compared to the price available to users who aren’t registered or logged in, for example because some of our promotions are available only to new users. Promotional or sale prices will typically be limited to a specified period of time (for example, one year for discounts on annual subscriptions).
B. Refunds
Skillvation Africa has no obligation to consider or grant refund requests, including subscription plans purchased.
Once purchased, our courses, workshops and/or services cannot be cancelled and are non-refundable.
We will not provide refunds to users who have acted in a fraudulent manner or in a way that violates or would violate these Terms or our (as determined in our sole discretion), including users who have been deactivated for the same.
For any technical issues that you face, the first step of action would be to contact the respective support mails mentioned in the FAQ section of the company website, course or workshop. Our support team will help you with the technical issue. The time of response shall be a minimum of 2 working days. In case we are unable to help with your technical issue, a FULL refund will be initiated. This is applicable only to technical issues.
C. Cancellations
You may cancel your Skillvation Africa membership at any time for any or no reason, but if you cancel your membership before the end of the current subscription period, we will not refund any subscription fees already paid to us or charged to your payment. To cancel your subscription, please visit your payment settings within your Skillvation Africa account profile. If you cancel your Skillvation Africa membership, you will lose access to all classes you enrolled in during your Skillvation Africa membership at the end of your billing period. If you choose to sign back up as a paying member, your billing date will reset to the day you paid. If you pay for your subscription through an account with a third party (e.g., Apple iTunes or GooglePlay), you may have to cancel through that third party.
II. Prohibited Uses
To use the Service, you must agree to comply with the following:
- You will not upload, share, post, transmit, distribute, or otherwise make available any content that you do not have a right to make available under any law or under contractual or fiduciary relationships or that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right of any party.
- You will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- You will not upload, share, post, transmit, distribute, or otherwise make available or partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates applicable law or our rules or policies.
- You will not partake in any behavior nor upload, share, post, transmit, distribute, or otherwise make available any content that victimizes, harasses, degrades, or intimidates an individual or group of individuals, including on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
- You will not impersonate any person or entity, including any of our employees or representatives or users, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- You will not stalk, harass, or harm another person via use of the Services, including Skillvation Africa personnel.
- You will not harvest or otherwise collect information about other users of the Services, including email addresses, without their express written consent.
- You will not interfere with any Skillvation Africa content or User Content (as defined below).
- You will not remove any copyright, trademark, or other proprietary rights notices contained in or on the Services, Skillvation Africa content, or any works other than your own.
- You will not use any robots, spiders, or similar data mining, data gathering, extraction tools, or manual processes to collect, gather, or copy any content or data on or related to the Service in a manner not authorized by Skillvation Africa in writing.
- You will not distribute viruses or any other technologies that may harm us or the interests or property of our users, or upload, post, email, transmit, or otherwise make available through the Services any material that contains adware, malware, spyware, 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.
- You will not engage in practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from the Service, in any manner and any quantities not authorized by Skillvation Africa in writing.
- You will not interfere or attempt to interfere with the proper working of the Services or any activities conducted through them, including by bypassing any measures we may use to prevent or restrict access to the Services, or by circumventing or manipulating our payment process.
- You may not frame, mirror, or otherwise simulate the appearance or function of the Services, Skillvation Africa content, or any user’s works, or forge headers, icons, or otherwise manipulate identifiers in order to disguise the origin of any Skillvation Africa content transmitted through the Services.
- You may not decompile, disassemble, or otherwise reverse engineer the Services, Skillvation Africa content, or any portion thereof, or otherwise attempt to derive the source code or other trade secrets embodied in the Services.
III. User Content
These Terms define “User Content” as any design, text, graphic, image, video, logo, button icon, software, audio file, computer code, digital goods, or other content that a user (including both Students and Instructors) posts, submits, transmits, uploads, or otherwise includes or makes available on and/or via the Service. You represent and warrant that you own all intellectual property rights in the User Content and/or have obtained all authorizations and rights, including permission from any copyright or trademark owner or releases from any models or other individuals appearing in any User Content, necessary for you to display, promote, and otherwise exploit the User Content through the Services, and to convey all rights granted under these Terms.
Except as specified otherwise herein and in the Instructor Rules and Requirements, no User Content or other material made available on or through the Service may be copied, modified, reproduced, duplicated, republished, uploaded, posted, transmitted, sold, transferred, publicly displayed, distributed, or used by other users to create derivative works, in any way, without written permission of the applicable rights holder unless such User Content is specifically made available for and authorized to be downloaded from the Service, in which case you are authorized to download a single copy of such content for your own personal, noncommercial, and educational use. For example, certain class materials may be made available as unprotected PDF files that can be downloaded by Students and/or other users of the Service. User Content not made available for download may not be downloaded or copied without prior written permission. Modification of User Content obtained from the Service, for any other purpose, including any commercial purpose, is a violation of the rights of Skillvation Africa or its users or licensors, unless you have obtained express written authorization to the contrary.
We neither endorse nor assume any liability for any User Content posted to the Service. We do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the User Content. If you access User Content, you rely on any information provided in that User Content at your own risk.
However, we and our agents have the right, at our sole discretion, to remove any User Content that, in our judgment, does not comply with the Governing Documents, applicable law, and/or any other rules of user conduct for the Service, or that is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing any User Content from the Service. You hereby consent to such removal and waive any claim against us arising out of such removal of any User Content, whether it is your own or another user’s. If you believe that User Content on the Skillvation Africa platform violates a patent, trademark, trade secret, right of publicity, or other right of any party, you can contact Skillvation Africa at support@Skillvation Africa.com. See Section VII below for a description of the procedures to be followed in the event that any party believes that User Content infringes on their copyright or the copyright of a party they are authorized to act on behalf of.
Any feedback, comments, or suggestions you may provide regarding Skillvation Africa or the Service is entirely voluntary and you authorize Skillvation Africa to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit, without any obligation to you. You agree that you shall have no recourse against Skillvation Africa for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Skillvation Africa.
For specific information on copyright and other intellectual property policies related to Instructors and class content, please see our Instructor Rules and Requirements.
For Students Only:
User Content submitted by Students for inclusion on the Service (including any information submitted on message boards, forums, or other public areas of the Service) is referred to in these Terms as “Student Content.” All Student Content is subject to these Terms. Skillvation Africa does not guarantee any confidentiality with respect to Student Content, regardless of whether or not it is published. You are solely responsible for your own Student Content and the consequences of posting or publishing it.
By submitting or posting Student Content on or through the Service, you grant us a worldwide, non-exclusive license (with the right to sublicense) to use, reproduce, distribute, access, view, crop, resize, copy, license, transmit, broadcast, and publicly perform and publicly display copies of your Student Content (including your name and image) in any form, medium, or technology, including all media or distribution methods, now known or later developed for any lawful purpose. This includes making your Student Content available to other companies, organizations, or individuals who partner with Skillvation Africa for the syndication, broadcast, distribution, or publication of content on other media, as well as using your Student Content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any Student Content that you submit. You acknowledge and agree that the foregoing license rights are granted on a royalty-free basis with no compensation paid to you.
IV. Live Events
Skillvation Africa or a Instructor may inform you of and/or host a live event (“Event”) from time to time, for which you may be given or may be able to purchase tickets (each, a “Ticket”). The contract for the purchase or provision of a Ticket to an Event is formed when Skillvation Africa, or a third-party partner acting on Skillvation Africa’s behalf, sends you a confirmation email stating that you have been given a ticket.
You authorize us to charge your payment method for such a transaction, where applicable. By submitting an offer to purchase and providing us, or a third-party partner acting on our behalf, with your payment method at checkout, you authorize Skillvation Africa (acting by its payment processor) to charge that payment method to take payment for your order. We are not responsible for any losses you may suffer if the payment method you use to pay for a Ticket does not have sufficient funds to cover all costs of that order.
Events may take place in different countries, and Tickets will be sold in Kenya Shillings (KES). You shall be responsible for any additional charges to which you may be subject by your credit or debit card provider or bank, or any currency exchange rate fluctuations and Skillvation Africa does not accept liability for these.
Skillvation Africa is not obliged to offer refunds for Tickets purchased for a specific date, should you change your mind about your purchase or fail to attend the Event. Should an Event be canceled, you will be entitled to a full refund of the price paid for any Tickets you purchased for that Event.
A Ticket is a personal revocable license which may be withdrawn, and admission refused, at any time, subject to these Terms and any terms related to the Event or on the Ticket itself. Before you purchase a Ticket, Skillvation Africa or the hosting Instructor will generally inform you of any restrictions which apply to entry. Skillvation Africa will not be responsible for the consequences of any failure by you to abide by such information provided pre-purchase. Ticket holders may also be ejected from an Event at any time if Skillvation Africa employees or an event organizer or those working on their behalf determines that the Ticket holder is acting in contravention of the law, is a safety or security risk, may affect the enjoyment of others at the Event, or may cause damage, nuisance, or injury.
V. If You See Something That Infringes Your Copyright
In accordance with the Kenya Copyright (Amendment) Act of 2019 we’ve adopted the following policy toward copyright infringement. We reserve the right to (1) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members, or users, and (2) remove and discontinue service to repeat offenders.
Procedure for Reporting Copyright Infringements. If you believe that material or content residing on or accessible through the Service infringes your copyright (or the copyright of someone whom you are authorized to act on behalf of), please send a notice of copyright infringement containing the following information to Skillvation Africa’s Designated Agent to Receive Notification of Claimed Infringement (our “Designated Agent,” whose contact details are listed below):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing, including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Skillvation Africa is capable of finding and verifying its existence;
- Contact information about the notifier, including address, telephone number, and, if available, email address;
- A statement that the notifier has a good faith belief that the material identified as infringing is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once Proper Bona Fide Infringement Notification is Received by the Designated Agent.
Upon receipt of a proper notice of copyright infringement, we reserve the right to:
- Remove or disable access to the infringing material;
- Notify the content provider who is accused of infringement that we have removed or disabled access to the applicable material; and
- Terminate such content provider’s access to the Service if he or she is a repeat offender.
Procedure to Supply a Counter-Notice to the Designated Agent.
If the content provider believes that the material that was removed (or to which access was disabled) is not infringing, or the content provider believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or, pursuant to the law, the content provider, may send us a counter-notice containing the following information:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the content provider has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- The content provider’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Court in which the content provider’s address is located, or, if the content provider’s address is located outside Kenya, for any court in which Skillvation Africa is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Skillvation Africa may, in its discretion, send a copy of the counter-notice to the original complaining party informing that person that Skillvation Africa may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider accused of committing infringement, the removed material will be replaced or access to it restored in 10 to 14 business days after receipt of the counter-notice.
Please contact Skillvation Africa’s Designated Agent at support@skillvationafrica.com.
Arbitration Agreement
Please read this section carefully. It affects your legal rights, including your right to file or participate in a lawsuit in court.
(1) Informal Dispute Resolution Procedure. If a Dispute (as that term is defined below) arises between you and Skillvation Africa, Skillvation Africa is committed to working with you to try to reach a reasonable resolution. For any such Dispute, both parties acknowledge and agree that they will first make a good faith effort to resolve it informally before initiating any formal dispute resolution proceeding in arbitration or otherwise. Such informal resolution requires first sending a written description of the dispute to the other party. For any Dispute you initiate, you agree to send the written description of the Dispute along with the email address associated with your account, if applicable, to the following email address: support@skillavtionafrica.com. The written description must be on an individual basis and provide, at minimum, the following information: your name; a description of the nature or basis of the claim or dispute; the specific relief sought; and proof of your relationship with Skillvation Africa. If the Dispute is not resolved within sixty (60) days after receipt of the written description of the Dispute, you and Skillvation Africa agree to the further Dispute resolution provisions below.
This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. Failure to engage in this process could result in the award of fees against you in arbitration. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.
For sake of clarification only, the informal dispute resolution negotiation shall be individualized such that a separate negotiation must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal dispute resolution negotiation, unless mutually agreed to by the parties. If you are represented by counsel, your counsel may participate in the conference, but you shall also fully participate in the conference.
(2) Mutual Arbitration Agreement. If the informal dispute resolution procedure in Subpart (1) does not lead to resolution, then either party may initiate binding arbitration as the sole means to resolve Disputes, (except as provided for herein) subject to the terms set forth below and the National Arbitration and Mediation (“NAM”) rules. If you are initiating arbitration, a copy of the demand shall also be emailed to support@skillvationafrica.com. If you are a Skillvation Africa account holder, any demand initiating arbitration, whether filed by you or Skillvation Africa, must include the email address you used to create an account with Skillvation Africa.
Except as set forth below, you and Skillvation Africa agree that by using the Services in any way, you unconditionally consent and agree that any claim, dispute, or controversy (whether in contract, tort, or otherwise) you may have against Skillvation Africa and/or its parent, subsidiaries, affiliates, and each of their respective current or former members, officers, directors, and employees (all such individuals and entities collectively referred to herein as the “Skillvation Africa Entities”) arising out of or relating to the Services or these Terms–including but not limited to any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment, non-payment, or the timing of any administrative or arbitrator fees–(each a “Dispute”) will be resolved exclusively by final and binding arbitration in accordance with this Section VIII (the “Arbitration Agreement”).
This Arbitration Agreement applies to claims that arose, were asserted, or involve facts occurring before the existence of this Arbitration Agreement or any prior agreement as well as claims that may arise after the termination of this Arbitration Agreement, in accordance with the notice and opt-out provisions set forth herein.
This Arbitration Agreement shall be governed by the Kenya, Arbitration Act of 1995. The Kenyan High Court plays a supervisory and supportive role in this process, with the NCIA providing additional support for international arbitration.
The parties understand that an arbitrator and not a judge or jury will decide the Dispute, and that rights to discovery and appeals may be limited in arbitration. The parties further understand that the costs of arbitration could exceed the costs of litigation in some instances.
You hereby acknowledge and agree that by agreeing to these Terms and Arbitration Agreement, you and Skillvation Africa are each waiving the right to a trial by a jury to the maximum extent permitted by law.
II. Class Action Waiver
You may only resolve your dispute with Skillvation Africa on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, collective, consolidated, or representative action.
III. Disclaimer of Warranties
The Service and all materials included therein (whether housed on the Service alone or also on a third-party platform) are provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the Service and materials will meet your requirements, (b) the Service and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the Service or materials will be effective, accurate, or reliable, or (d) the quality of any class or Event that you attend via the Service, or any other products, services, or information purchased or obtained by you from the Service, from us or our affiliates, will meet your expectations or be free from mistakes, errors, or defects.
The use of the Service or the downloading or other acquisition of any materials through the Service is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage or loss of data that results from such activities.
In the event that any content available on the Service is also available through any third-party platform, or if Skillvation Africa provides links from the Service to any third-party platform or permits any third-party to link from its platform to the Service, you understand and agree that Skillvation Africa makes no warranty of any kind, express or implied, and accepts no responsibility for any content or practices of such third parties or their platforms. Such platforms are not under the control of Skillvation Africa, and Skillvation Africa provides and/or permits these links only as a convenience to you.
Skillvation Africa-affiliated content available through the Service or a third-party platform or presented at any class or Event represents the opinions and judgments of an information provider, user, Student, Instructor, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone, including any Instructor(s), other than an authorized Skillvation Africa spokesperson speaking in his/her official capacity.
Skillvation Africa does not (i) directly or indirectly practice medicine, law, or financial planning, (ii) dispense medical, legal, or financial services, (iii) provide medical, legal, or financial advice, or (iv) otherwise convey medical, legal, or financial opinions. You agree and understand that Skillvation Africa assumes no liability for the accuracy or completeness of any content offered on the Service.
To the extent Skillvation Africa provides any information regarding health, wellness, or physical exercise through the Service, we do so only in a general way. You acknowledge and agree that the Service is not intended to be, and will not be used as, a substitute for medical treatment by a healthcare professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that Skillvation Africa will not be liable for any injury, loss, or damages arising from your access or practice of the Service’s health, wellness, and/or physical exercise content.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you.
V. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and the other Skillvation Africa Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms or any of the other Governing Documents, or negligent or wrongful conduct, including with respect to any User Content you upload or place onto the Skillvation Africa Platform. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
VI. How To Contact Us
The best way to get in touch with us is to Our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.
VII. Miscellaneous
Any cause of action or claim you may have with respect to any of the foregoing matters must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
These Terms, together with the Instructor Rules and Requirements, the Privacy Policy, and any other Governing Documents published from time to time, constitute the entire agreement between you and Skillvation Africa concerning the Service and the services provided by Skillvation Africa. If any provision of any such document is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions thereof, which shall remain in full force and effect. Skillvation Africa’s failure to insist upon or enforce strict performance of any provision of these Terms or any of the other Governing Documents shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms.
Skillvation Africa may, in its sole discretion, transfer, without further consent or notification, all contractual rights and obligations pursuant to these Terms of Service to any affiliate or partner of Skillvation Africa or to another third party in the event that some or all of the business of Skillvation Africa is transferred to such other third party by way of merger, sale of its assets, or otherwise.
Most communication between Skillvation Africa and you will be sent and received electronically. You agree that all electronic communication between Skillvation Africa and you shall satisfy any legal requirements that such communications be in writing.
Any rights of Skillvation Africa not expressly granted herein are reserved.
