SkillsGym Terms and Conditions

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings:

“SkillsGym” means CUTESolutions – SkillsGym BV (besloten vennootschap or BV), having its registered seat at 9830 Sint-Martens-Latem, Maenhoutstraat 76, and registered with the Crossroads Bank for Enterprises (Kruispuntbank van Ondernemingen) under enterprise number 0882.005.855

"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

“Intellectual Property” or “Intellectual Property Rights” means all intellectual property rights, including all copyright, patent, trade secret, trademark, moral, termination, authorship, rights of publicity, privacy and other proprietary rights.

"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

"Train the Trainer Program” means the certification program to become a SkillsGym trainer.

“Platform” means the online learning platform services provided by SkillsGym accessible through https://www.skillsgym.com/ or any successor or alternative sites we may inform You of or You may be aware of), including all Resources and software in or accessible through the Platform.

"Program" means the learning track for one or multiple topic(s).

2. SkillsGym Membership

2.1 Payment. Payment for Orders can be made using various methods, including bank transfers, Visa, MasterCard, or online payment platforms such as PayPal and Apple Wallet. Payment card transactions are subject to validation and authorization by Your card issuer. We are not liable for any delays resulting from failure to obtain required authorization.

2.1.1 Recurring Payments: Annual Subscription. If an error occurs when collecting the recurring payment from the payment method associated with monthly or annual subscriptions, then SkillsGym will attempt to collect the payment within seven (7) days of the charge date, and if SkillsGym is still not able to collect the recurring payment within seven (7) days after the charge date, access to the subscription will be removed and SkillsGym will waive the right to charge on that missed recurring payment. SkillsGym will cancel that subscription and will not attempt to collect any future charges on that subscription. If the recurring payment is collected within the said seven (7) days period, then the subscription will be kept active and SkillsGym will continue to collect recurring payments for that subscription accordingly.

2.2. We reserve the right to discontinue or alter any or all of the Programs and to stop publishing the Programs at any time in our sole discretion without notice or explanation. This will not affect any Programs you have already purchased.

2.3 Cancellation and Refund Policy. SkillsGym will provide you with a refund if you cancel your enrollment prior to the start of your membership or if you do not access any part of the Programs. Refunds will be issued to You within 45 days from the date of cancellation. If you attend all or part of one Program, no refunds will be provided.

2.4. For so long as your Account remains active in accordance with these Terms, and subject to the other provisions of these Terms, you will have access to the Programs for 12 months from the date of purchase. At the end of that period your access to the Programs will be automatically cancelled, unless you renew Your membership.

2.5. Any Program reviews that you submit for publication on our website shall be subject to the terms of Sections 12 and 13.

3. Business Customers

There are other Terms and Conditions applicable for our Business Offer. Please contact info@skillsgym.com for more information.

4. Intellectual Property

4.1. You acknowledge that the Platform and Programs and all Intellectual Property contained therein is proprietary to SkillsGym and its licensors, and SkillsGym and its licensors retain exclusive ownership of the same throughout the world. Except for the limited express license granted to You under these Terms, SkillsGym and its licensors retain all right, title or interest in and to the Platform and Programs.

4.2. You acknowledge and agree that any ideas, enhancements, improvements, additions or modifications to the Platform or Programs, suggested by You, and any and all Intellectual Property Rights contained therein, will become SkillsGym property, and You hereby assign and agree to assign any and all right, title and interest to any rights in such suggestions to SkillsGym

4.3. Third Party Intellectual Property: (i) Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. (ii) Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

5. Use Restrictions

5.1 Except as expressly permitted by these Terms, You shall not: (i) duplicate, reproduce, copy, modify, adapt, translate, distribute, sub-license, publish, stream, record, extract, market, lease, make available, sell, rent, make derivative works of, disassemble, reverse compile or reverse engineer or otherwise reduce to human-perceivable form any part of the Platform, Programs and Intellectual Property therein; or discover or disclose the source code, methods and concepts embodied therein, except as may be allowed by any applicable law notwithstanding contractual prohibition; (ii) store, distribute, post, upload or transmit any content through the Platform that is or is reasonably perceived to be infringing, unlawful or in violation of third- party intellectual property or privacy rights; (iii) introduce any virus, worm, malware, spyware, Trojan horse or other harmful or malicious code to the Platform; (iv) intentionally interfere with or disrupt the integrity or performance of the Platform or Programs; (v) access and use the Platform in order to (i) build a product or service competitive with the Platform or Programs, (ii) copy any ideas, features, functions or graphics of the Platform or Programs, or (iii) determine whether the Platform is within the scope of any patent; (vi) interfere with any markings on or in the Platform or Programs which refers to SkillsGym or its Licensors or includes any of their trademarks or logos or remove or obscure the copyright notice or other notices in the Programs and the Program materials. (vii) use the Platform or Programs for the purposes of direct marketing or promotion to anyone; (viii) exploit the Programs for any commercial purpose; (ix) use the Platform for any illegal, unauthorized or otherwise improper purposes or which would infringe the intellectual property rights therein

5.2 Communication facilities. When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed: (i) You must not use obscene or vulgar language; (ii) You must not submit content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist; (iii) You must not submit content that is intended to promote or incite violence; (iv) It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in any other languages; (v) The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws; (vi) You must not impersonate other people, particularly employees and representatives of SkillsGym; and (vii) You must not use the Platform for unauthorised mass-communication such as "spam" or "junk mail".

6. Your Responsibilities

6.1. When placing an Order for a SkillsGym Membership on the Website, you will be required to provide certain information relevant to Your Order, including but not limited to Your name, email, phone number, credit card details, billing address, and shipping information. By submitting such information, you represent and warrant that: (i) You have the legal right to use any provided payment method(s), and (ii) the information supplied is true, correct, and complete. You authorize us to share this information with third-party payment processors to facilitate Order completion.

6.2 Usage. You are responsible for ensuring that Your profile is not used by anyone other than Yourself.

6.3. Account. You are responsible for Your Account. You much not allow any other person to use Your Account to access the Platform and/or Programs. You must contact SkillsGym immediately if You know or suspect Your Account has been accessed by an unauthorized third party or used in breach of these Terms.

6.4. Applicable Laws. You shall comply with all applicable laws, regulations, rules and codes with respect to activities relating in any way to Your use or exploitation of the Platform.

6.5. You must ensure that all the information You supply to us through our Platform, or in relation to our Platform or Programs, is true, accurate, current, complete and non-misleading.

6.6. If You purchase a membership you will expressly agree to these Terms in the course of a business or other organisational project, then by so doing You bind both: Yourself; and the person, company or other legal entity that operates that business or organisational project, to these Terms, and in these circumstances references to "You" in these Terms are to both the individual user and the relevant person, company or legal entity, unless the context requires otherwise.

6.7. Access. You are solely responsible for supplying all equipment, Internet access and bandwidth needed to properly access and use the Platform and Programs.

7. Suspension or Termination

7.1. Suspension: Your right of access or use of any portion or all of the Platform or Programs may be restricted or suspended (on a temporary or permanent basis) and/or Your Account may be deleted in our sole discretion where we have reason to believe that You may be in breach of these Terms.

7.2. Cancellation. You may cancel Your account on our Platform using Your account control panel.

7.3. Termination. SkillsGym will stop Your access to each Program one year after the purchase date and more generally SkillsGym has the right, in its sole discretion, to stop Your access to the Programs for any reason if You breach these Terms.

7.4. Upon termination You shall immediately cease any further use of the Platform. Termination does not affect or prejudice any rights, remedies, obligations or liabilities a party accrued up to the date of termination or expiration or the continuation or commencement of any provision that expressly or by implication is intended to survive the termination or expiration of these Terms.

8. Warranties

8.1. SkillsGym does not guarantee that use of the Platform and the Programs will be uninterrupted or error free at all times and in all circumstances.

8.2 This Website may be hyper-linked to other Third-Party Media Services which are not maintained by or related to SkillsGym. The inclusion of any hyperlink to a Third-Party Media Service does not imply endorsement, sponsorship, or recommendation by SkillsGym of that Third-Party Media Service. Hyperlinks to such Third-Party Media Services are not sponsored by or affiliated with this Website or Company. SkillsGym has not reviewed any such Third-Party Media Services and is not responsible for their content. Hyperlinks are to be accessed at Your own risk, and SkillsGym makes no representations or warranties about the content, completeness, or accuracy of these hyperlinks or Third-Party Media Services hyperlinked to this Website. If you access a hyperlink to a Third-Party Media Service, please be aware that you will leave SkillsGym's Website and will become subject to the terms and conditions of the linked Third-Party Media Services. SkillsGym has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any Third-Party Media Service. You further acknowledge and agree that SkillsGym shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such Third-Party Media Services. We recommend that you make yourself aware of the terms and conditions of any Third-Party Media Services you access from our Website.

8.3. Links to this website. Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.skillsgym.com without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at info@skillsgym.com or call us in the following number: +32 474 13 11 30

9. Liabilities

9.1 To the maximum extent permitted by applicable law, in no event will SkillsGym be liable for any indirect, special, incidental, or consequential damages including, without limitation, damages for loss of profits, revenues, goodwill, business or business opportunity, anticipated savings or wasted management time, work stoppage, loss, deletion or corruption of content or data, computer failure or malfunction, or any and all other commercial damages or losses, even if advised of the possibility thereof, and regardless of the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.

9.2 Nothing in these terms shall limit or exclude liability for death or personal injury resulting from negligence and fraud or fraudulent misrepresentation or any liability that may not be limited or excluded under applicable law.

9.3 With the exception of death or personal injury resulting from negligence and fraud or fraudulent misrepresentation, and to the extent permitted by law, SkillsGym and its licensor’s aggregate liability under these terms shall not exceed the amount paid for the use of the platform and programs.

9.4 You indemnify SkillsGym against any claims, expenses, damages, costs, and liability received or incurred by us resulting from your use of the platform and programs or breach by you of any of the provisions of this agreement.

9.5 With regards to health & wellness content on the website: This website offers health, wellness, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid, or delay obtaining medical or health-related advice from your health-care professional because of something you may have read on this website. The use of any information provided on this website is solely at your own risk. Nothing stated or posted on this website or available through any third-party media services is intended to be, and must not be taken to be, the practice of medical or counseling care. For purposes of these terms and conditions, the “practice of medicine and counseling” includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis, or advice.

9.6 Engagement. Our role is to support and assist you in reaching your own goals, but your success depends primarily on your own effort, motivation, commitment and follow-through. We cannot predict, and we do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on their personal commitment, past experiences, motivation, ability to apply information and many other factors. You agree that there are no guarantees as to the specific outcome or results you can expect from using the coaching, counseling or information you receive on or through this website.

10. Data

10.1. In this paragraph “Data Protection Legislation” means all laws, regulations, legislative and regulatory requirements and codes of practice applicable to the processing of personal data in connection with this Agreement including, without limitation, the regulations, instruments or codes of practice issued pursuant to that Act, the European Union General Data Protection Regulation (Regulation (EU) 2016/679) and any successor legislation replacing, repealing or amending those laws.

10.2 SkillsGym shall comply with its obligations under the Data Protection Legislation in respect of its processing of personal data in connection with this Agreement.

10.3. SkillsGym’s Store Front privacy notice and the full SkillsGym privacy notice explain how SkillsGym collects, uses and protects Your personal data when You use the Platform and Programs.

11. Termination and Cancellation

11.1 Cancellation of Your Account. SkillsGym will provide you with a refund if you cancel your enrollment prior to the start of your Membership and without having accessed any courses on the platform. Refunds will be issued to You within 45 days from the date of cancellation. If you attend all or part of the Program, no refunds will be provided.

11.2 Cancellation of Orders. We want you to be completely satisfied with the Programs you order from SkillsGym. If you need to speak to us about your Order, then please contact customer care on +32 474 131 130, or by email at info@skillsgym.com. You may cancel an Order that we have accepted or cancel the Contract. SkillsGym will provide you with a refund if you cancel your enrollment prior to the start of your Membership and without having accessed any courses on the platform. Refunds will be issued to You within 45 days from the date of cancellation. If you attend all or part of the Program, no refunds will be provided.

12. Train the Trainer Certification Program

Please find the terms & conditions of this Program here: www.skillsgym.com/terms-trainers

Last update of terms & conditions on 14/05/2024