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SkillsGorilla Term & Conditions

Last update: September 2018

The following describes the terms on which SkillsGorilla offers and access to our services.

Introduction

Welcome to Skills Gorilla, we are happy that you are here. By using SkillsGorilla (including SkillsGorilla.com and it’s related services and tools), you agree to the following terms with SkillsGorilla.com. If you have any questions, please contact us. This Agreement is effective on March 5th, 2018, for current users, and upon acceptance for new users.

About Skills Gorilla

SkillsGorilla.com is an online service that enables users to discover, compare, and book Active Learning activities in Lisbon. SkillsGorilla.com offers a variety of Active Learning activities available by third-party suppliers through SkillsGorilla. This website is provided to assist users in gathering information about Active Learning activities in Lisbon, posting opinion of Active Learning activities and for searching and booking Active Learning activities and for no other purposes.

Scope

To become a member of SkillsGorilla, you have to read and accept all of the terms in, and linked to this User Agreement and the SkillsGorilla Privacy Policy. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use SkillsGorilla or services, or when you use the tools we make available to interact with SkillsGorilla.com and its services.

User Account

SkillsGorilla offers guests and account owners on SkillsGorilla to view all the different learning activities, content and information which is presented on SkillsGorilla. However, in order to book a learning activity or to leave a review, you must have an account on SkillsGorilla.com. to sign up and login, you must choose a user name, email and password. You may terminate your user profile by contacting us via email [email protected] We may require you to verify your identity by sending us additional information, as a condition of terminating your user profile. Upon completion of processing your request, we will terminate your account and will no longer be able to access SkillsGorilla as a registered user. Subject to these Terms and Conditions, you may renew your registration at any time after your user profile has been terminated, by completing the registration process again.

Present You Activity on SkillsGorilla

To present your activity on SkillsGorilla, send us an email to [email protected] We will share with you our Educators Terms & Conditions and if you would be interested on having a partnership with us, we will build your page on SkillsGorilla and start promoting it to our users.

Acceptable Use of SkillsGorilla

When using SkillsGorilla platform, you agree to abide by any usage guidelines we may convey to you from time to time by applicable laws, regulations and rules.

You represent and warrant that:(i) the execution of these Terms and the performance of your obligations hereunder, do not and will not breach any agreement to which you are a party to, or any other legally binding instrument that you are committed to; (ii) when executed and delivered, these Terms will constitute your legal, valid and binding obligation, enforceable against you in accordance with the conditions hereunder; (iii) you will only make legitimate bookings and payments of learning activities that comply with the terms of the respective Activity Providers;(v) you will only make legitimate uses of Coupons that comply with the terms of such respective Coupons’ offer notices; (iv) you will update and correct information you have submitted to the Platform and ensure that it is accurate at all times; (vi) your Platform purchases will be for your own personal use, or as a gift for another person (for avoidance of doubt, the resale of any purchased activity is not permitted); and (vii) you will not use information of users for any purpose without the booking users prior consent; (viii) any booking will be subject to the Terms. 

You may not access or use the Platform – 
• for or in connection with any activity that constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, foreign law or industry standard, including, any applicable laws and regulations governing intellectual property, privacy, defamation, fraud, mass email, spam, harassment, obscenity, hate-speech, export control, consumer protection, unfair competition and false advertising or any other deceptive practices; 
• to upload, post, email, transmit, record, provide a recording or otherwise make available any information and materials that infringe a third party’s right, especially privacy, publicity and intellectual property rights; software viruses, Trojan horses, worms and any other malicious application to computers and networks; 
• to develop or create a similar or competitive product or service to the Platform. 

Restrictions

YOU MUST NOT USE THE PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSE, INCLUDING BUT NOT LIMITED TO, PROVIDING THE PLATFORM TO THIRD PARTIES BY RESELLING, LICENSING, RENTING, LEASING, TRANSFERRING, LENDING, TIMESHARING, ASSIGNING, MIRRORING, REDISTRIBUTING OR DISPLAYING THE PLATFORM OR ANY PART THEREOF AND TO SOLICITE AND APPROACH OUR ACTIVITY PROVIDERS, WITHOUT OUR PRIOR EXPLICIT PERMISSION. 
Without limiting the aforesaid, you may not – 
• modify any material or content we make available on the Platform, except as expressly permitted under these terms; 
• modify, make derivative works of, disassemble, de-compile, distribute, publicly display, reverse engineer copy, license, sell or re-sell or otherwise exploit any part of the Platform (including Activities, Coupons and Tickets) or Platform’s software code; 
• interfere with, burden or disrupt the functionality of the Platform; 
• circumvent, impair or manipulate the operation of the Platform; 
• work around or circumvent any technical limitations in the Platform or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Platform; 
• embed, frame or otherwise link directly to the Platform, from any other web-page, application or other resource, without our prior written permission; 
• engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Platform; 
• engage in any false, misleading or deceptive acts or practices involving the Platform or your identity, agency or affiliation with any person or entity; 
• breach the security of the Platform, or any network or server used by the Platform, or identify any security vulnerabilities thereof without our prior knowledge and permission. 
We may at any time, at our sole discretion and without prior notice, delete any material from our servers, in whole or in part. 

Privacy and Data protection

We use and process your personal information according to our Privacy Policy, and highly values the privacy of its user’s. Without limiting the aforesaid, you may not – 
• modify any material or content we make available on the Platform, except as expressly permitted under these terms; 
• modify, make derivative works of, disassemble, de-compile, distribute, publicly display, reverse engineer copy, license, sell or re-sell or otherwise exploit any part of the Platform (including Activities, Coupons and Tickets) or Platform’s software code; 
• interfere with, burden or disrupt the functionality of the Platform; 
• circumvent, impair or manipulate the operation of the Platform; 
• work around or circumvent any technical limitations in the Platform or use any tool to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Platform; 
• embed, frame or otherwise link directly to the Platform, from any other web-page, application or other resource, without our prior written permission; 
• engage in or attempt to engage in any form of testing, scanning, crawling, scraping, probing, robotic navigating, bulk extracting or hacking the Platform; 
• engage in any false, misleading or deceptive acts or practices involving the Platform or your identity, agency or affiliation with any person or entity; 
• breach the security of the Platform, or any network or server used by the Platform, or identify any security vulnerabilities thereof without our prior knowledge and permission. 
We may at any time, at our sole discretion and without prior notice, delete any material from our servers, in whole or in part. 

Intellectual Property

Except for Contributed Content (as described below), all rights, title and interest in and to the Platform, including any articles, images, audio, video, graphic design, data and its processing and other intellectual property rights, whether registered or not, and any goodwill associated therewith, are owned by, or licensed to us. Unless as expressly provided, these Terms do not grant you any rights with respect to the Platform. 
Platform’s trademarks (whether registered or not), name, logo and domain name – are our sole property. You may not use them, or any confusingly similar mark or text, without our prior express written consent. 
This section will survive the termination of the Terms.

Contributed Content

The Platform may provide you various opportunities to submit or post content, including but not limited to reviews, opinions and ratings (collectively, “Contributed Content”) through communication facilities that we may offer, through or in connection with the Platform, from time to time. We may require you to have a user account to submit Contributed Content. The Activities offers formed by Activity Providers and posted on the Platform will also be considered as “Contributed Content”. 

You may upload, make available and distribute Contributed Content, subject to any content upload technical and safety guidelines and limitations which will be conveyed to you through the Platform and amended from time to time. 
You represent and warrant that you will not upload, post, transmit or otherwise make available Contributed Content that is unlawful, harmful, tortious, threatening, abusive, harassing, hateful, racist, infringing, pornographic, obscene, violent, misleading, defamatory or libelous, invasive of the privacy of another person or violate of any third-party rights. 
We may display or give you the option to display your Contributed Content in connection with your personal information, such as your name, social networking website user account name, location, friends list, action you took on SkillsGorilla etc. 
We do not claim ownership over your Contributed Content. However, when you upload any type of Contributed Content to the Platform you represent and warrant that all such Contributed Content is owned by or licensed to you, that you do not violate rights of others, and you grant SkillsGorilla and SkillsGorilla’s partners, affiliates and service providers (“SkillsGorilla Group”) permission to use such Contributed Content, for the purposes of providing, developing and marketing the Platform’s services. You waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the Contributed Content. 
If you provide us improvements or suggestions relating to SkillsGorilla Group or the Platform, you agree that notwithstanding any terms that SkillsGorilla Group has no obligation to review any such improvements or suggestions or keep them confidential; SkillsGorilla Group will own (and may freely use in any way) the improvements or suggestions for any purpose without restriction and free of any obligation to acknowledge or compensate you. 

Platform’s trademarks (whether registered or not), name, logo and domain name – are our sole property. You may not use them, or any confusingly similar mark or text, without our prior express written consent. 
This section will survive the termination of the Terms.

Content Removal

We respect the rights of our users and any other person. If you believe that your rights are abused on the Platform, please send us a written complaint in accordance with these Terms to: [email protected]
We may report any Contributed Content and share user identifiable information, if we believe, in our sole discretion, that such content is illegal, abusive or may violate any third-party rights. 
We may remove any Contributed Content if we believe, in our sole discretion, or receives a notice, from a third party, that such content may violate any third-party rights or at the request of a law enforcement authority. 

Learning Activities

SkillsGorilla is a platform for Learning Activity Providers to provide Activities. Providing the posted Activities is the sole responsibility of Activity Providers. Activity Providers will provide Activities that fit the descriptions of such Activities on the Platform and in accordance with these Terms and any relevant guidelines published on the Platform. 
The specific terms of sale for each Activity, including the number of  available spots and the description of such Activity is provided by the Activity Provider. Activity Provider is solely responsible for the Activity details and descriptions, subject to the “Disclaimer of Warranties” and “Limitation of Liability” Sections of these Terms. 
Activity Provider may change the Activity details, including during the sale period of such bookings. SkillsGorilla does not supervise the details provided by Activity Providers or their Validity. The pictures related to the Activities on the Platform are for illustration purposes only and may not necessarily be actual pictures of the Activity. The conduct of a certain Activity may be subject to a minimum number of Tickets purchased to such Activity and such Activities may be cancelled if the minimum number of spots were not booked.

Activity Providers Warranties and Liabilities

Activity Providers warrants that Activity Provider is and will remain free of any obligation or restriction which would interfere or be inconsistent with interests concerning Activity Provider’s services as furnished by Activity Provider in the Platform. 
Activity Provider warrants that it will perform the services in the Platform with the degree of high professional skill and sound practices and judgment. 
Activity Provider warrants that all services furnished by Activity Provider in the Platform will strictly conform to applicable law and regulations and that all Activities are covered under the appropriate insurance coverage according to the type of the activity and its nature. 
Activity Provider will be the sole responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including reasonable attorneys’ fees, all expense of litigation and/or settlement, and court costs, arising from any negligence or intentional acts or omission of Activity Provider, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under these Terms. The specific terms of sale for each Activity, including the number of  available spots and the description of such Activity is provided by the Activity Provider. Activity Provider is solely responsible for the Activity details and descriptions, subject to the “Disclaimer of Warranties” and “Limitation of Liability” Sections of these Terms. 
Activity Provider may change the Activity details, including during the sale period of such bookings. SkillsGorilla does not supervise the details provided by Activity Providers or their Validity. The pictures related to the Activities on the Platform are for illustration purposes only and may not necessarily be actual pictures of the Activity. The conduct of a certain Activity may be subject to a minimum number of spots booked to such Activity and such Activities may be cancelled if the minimum number of spots were not booked.

Activity Providers warrants that Activity Provider is and will remain free of any obligation or restriction which would interfere or be inconsistent with interests concerning Activity Provider’s services as furnished by Activity Provider in the Platform. 
Activity Provider warrants that it will perform the services in the Platform with the degree of high professional skill and sound practices and judgment. 
Activity Provider warrants that all services furnished by Activity Provider in the Platform will strictly conform to applicable law and regulations and that all Activities are covered under the appropriate insurance coverage according to the type of the activity and its nature. 
Activity Provider will be the sole responsible for all losses, costs, claims, causes of action, damages, liabilities and expense, including reasonable attorneys’ fees, all expense of litigation and/or settlement, and court costs, arising from any negligence or intentional acts or omission of Activity Provider, its officers, employees, agents, suppliers, or subcontractors at any tier, in the performance of any of its obligations under these Terms. 

Designated Link for Affiliates and Activity Providers

A “Designated Link” is a unique link provided by SkillsGorilla which links to a landing page on the platform. The use of Designated Links is subject to the terms specified in our Referral Affiliates Program. 

Information Security

SkillsGorilla and SkillsGorilla hosting services implement systems, applications and procedures to secure your information, to minimize the risks of theft, damage, loss of information, or unauthorized access or use of information. These measures provide sound industry standard security. However, although we make efforts to protect your information, we cannot guarantee that our systems will be immune from any wrongdoings, malfunctions, unlawful interceptions or access, or other kinds of abuse and misuse. 

Limitation of Liability

WE, AND ANYONE ACTING ON OUR BEHALF WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON WITH RESPECT TO THE PLATFORM’S PROPERTIES, ABILITIES, LIMITATIONS, FITNESS TO YOUR NEEDS, OR WITH RESPECT TO ANY CONTENT AVAILABLE ON THE PLATFORM, THAT YOU RELY ON. WE, AND ANYONE ACTING ON OUR BEHALF, WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE THE PLATFORM, OR FROM ANY FAILURE, ERROR, OR BREAKDOWN IN THE FUNCTION OF THE PLATFORM, OR FROM ANY FAULT OR ERROR MADE BY OUR STAFF OR ANYONE ACTING ON OUR BEHALF, OR FROM YOUR OWN RELIANCE ON THE CONTENT OR ON MATERIAL ORIGINATING FROM THIRD PARTIES, OR FROM ANY COMMUNICATION WITH US OR WITH OTHER USERS IN CONNECTION WITH THE PLATFORM – WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, LOSS, COSTS, EXPENSES OR PAYMENTS. 

Indemnification

You will indemnify us, and our officers, directors, shareholders and employees (the “Indemnified Parties”), and hold the Indemnified Parties harmless from and against any and all claims, losses, liabilities, damages, judgments, fines, fees, costs or expenses, taxes or interest or penalty thereon, including without limitation, reasonable attorneys’ fees and disbursements incurred in connection with any claim, action, suit, proceeding or investigation, whether civil, criminal, administrative or investigative, arising out of or in connection with your use of the Platform, your breach of these Terms, or your services as Activity Provider. 
In addition, we will be entitled to deduct from any amount which we owe to you under these Terms. 
This section will survive the termination of the Terms. 

Changes and Availability

We will make efforts to have the Platform running efficiently and accessible at all times. However, the Platform’s operation is dependent upon various factors such as software, hardware and communication networks. By their nature, these factors are not fault free. 
We do not warrant that the Platform will operate in an uninterrupted or error-free manner. Such incidents will not be considered a breach of these Terms. 
We may from time to time change the Platform’s structure, layout, design or display, as well as the scope and availability of the information and content therein, without giving any prior notice. Changes of this character by their very nature are likely to result in glitches or cause inconvenience. We will not be held responsible for any outcome of these changes, and failures resulting from them. 

Governing Law; Jurisdiction

These Terms are governed by Portuguese law only. Any legal claim will take place within Portugal (and Portuguese courts will have the exclusive jurisdiction for it). All legal proceedings will be conducted in Portugal. 
This section will survive the termination of the Terms. 

Notices

We may contact you and send you notices via email and through the Platform’s interface. You may contact us at: [email protected] We may publish – including on the Platform – any communications with you, as long as your personal details will not be revealed without your prior consent. All communications between us will be deemed as received after one business day. 

General

These Terms along with the Privacy Policy and all other documents incorporated by reference to the Terms, constitute the entire agreement between you and us with respect to your use of the Platform and supersede any and all agreements, negotiations and understandings, whether written or oral, about the Platform. 
No waiver, concession, extension, representation, alteration, addition or derogation from these Terms will be effective unless effected in writing and expressly. 

Independent Contractors

The relationship of you and the Platform, created by these Terms, is that of independent contractor and not that of employer-employee, principal-agent, partnership, joint venture or representative of the other. You may not make or give any agreement, statement, representation, warranty or other commitment, or create any obligation of any kind, on behalf of Platform, and will not make any misleading and/or inaccurate representations with respect to Platform or Platform services. 

Coupons

From time to time SkillsGorilla may, at its sole discretion, offer, through the Platform or otherwise, coupons (“Coupons”) allowing for certain discounts on the booking of a spot in an activity. Coupons may be offered by SkillsGorilla to personal use, or to a certain group of users and subject to the terms specified in the Coupon offer notice. 
Unless stated otherwise on the Coupon’s offer notice, each Coupon may only be used, whether partially or fully, in one instance. A partially used Coupon will not entitle its user to the remaining balance of such Coupon and, following such partial use, will grant no further right whatsoever, including no right to a refund of any sort and no right of participation in any Activity. 
Each Coupon will be valid until a certain date or upon the specific dates represented in such Coupon’s offer notice. Any invalid Coupon, including an unused Coupon, will grant no right whatsoever, including no right to a refund of any sort and no right of participation in any Activity. 
Funzing, at its sole discretion, may change the terms of a Coupon or cancel a Coupon, including after the Coupon was offered, until the exercise of such Coupon for the purchase of one or more Tickets (For avoidance of doubt, Tickets purchased while using Coupons may still be cancelled subject to these Terms). 

Payment Terms, Fees, Cancellation of Bookings

If you booked our Platform’s services and Activities we may ask you to pay by using the methods of payments as available, published and updated from time to time on the Platform, such as by a credit card or by using an online payment service (e.g., Stripe). 
You represent that the details you provide are your own details and that they are accurate, correct and complete. SkillsGorilla and Activity Providers may cancel any offer for a booking which does not contain all of the details required or which contains any false details. Payment will be regarded as paid only after your credit card issuer, or your online payment service, as applicable, has confirmed the transaction. A confirmation regarding the purchase of a booking and the terms of such purchase will be sent to the user via e-mail. 
SkillsGorilla systems and its records will be the exclusive tracking system for all actions made through the Platform and will be deemed as accurate and final. 
bookings price determined solely by the Activity Provider and does not necessarily reflect the market value for the Activity that such Ticket provides a right to participate in. The price of an Activity may be changed by Activity Provider at its own discretions and different users may purchase bookings for the same Activity at different prices. bookings price may also change subject to the use of Coupons.
All bookings prices displayed on the Platform are the final Tickets prices including VAT, if applicable, and any other applicable taxes. Activity Providers hereby warrant that they will not charge extra fees for the Activity beyond the Ticket price. 
If a certain Activity does not meet with the quality, quantity or compatibility of the Activity description, or to the highest standard of performance of such Activity, all as will be determined by SkillsGorilla in its sole discretion, then SkillsGorilla may determine, in its sole discretion, that the Activity Provider is not entitled to any payment in connection with all or some of the Activity bookings(s) sold. If the Net Amount (as described below) of such Activity Tickets was paid to the Activity Provider, then such payment will either (at SkillsGorilla’s discretion) reduced from the following Net Amount to be paid to the relevant Activity Provider, or, alternatively, the Activity Provider will refund SkillsGorilla such amount within 14 days of SkillsGorilla’s notice to the Activity Provider in the matter. 

Cancelation of Bookings

SkillsGorilla may change or cancel Platform’s activity or cancel a purchase or an offer of bookings in whole or part at its sole discretion. Activity Provider may cancel its Platform’s offered Activity through the Platform. If Cancelation Policy is not mentioned on the Activity Provider page on SkillsGorilla, a user may cancel the purchase of a booking up until 48 hours before the date and of such Activity by sending an email to [email protected]
Following a cancelation made according to these Terms, user of a cancelled booking will receive the amount paid (after reduction of the cancelation fee, as described below) by the user within 7 days of SkillGorilla receiving a cancellation notice. 

 

Activity Providers Fee

The Platform will charge the Activity Provider a fee of 15% of the proceeds, from any Booked Activity spot or as otherwise agreed between SkillsGorilla and the Activity provider (“SkillsGorilla’s Fee”). SkillsGorilla may change the SkillsGorilla’s Fee at its sole discretion, as long as such change will not be applied retroactively to booking a spot. 

Activity Provider will provide us all required forms and details regarding Activity Provider status, including tax, NIF number, address and other reasonable requirements by our accountancy officers and regulatory requirements, as applicable. 
SkillsGorilla will forward the Net Amount to the Activity Provider within 7 days after the booking has been done. The Activity Provider is solely responsible for the payment of any tax related to payment received from SkillsGorilla and will indemnify SkillsGorilla for any payment or charge made by SkillsGorilla regarding such taxes.b

 

SkillsGorilla Referral Affiliates Program

A “Affiliate Link” is a unique link provided by SkillsGorilla which links to a landing page on the platform. 

Registered users may register for Platform’s Referral Affiliate Program. Referral Affiliates may mark certain Platform’s Activities, following which they will receive a Designated Link for such activities which they can upload onto other sites. Referral Affiliates will be entitled to a fee of 5% of the booked “Entitling Order” cost. An “Entitling Order” is the first order on the Platform made by the user who was referred to the Platform from the Affiliate Link, provided that (a) such order has been made within 30 days of such user first landing on the Affiliate Link landing page, and (b) such order was not paid for entirely with non-cash means (such as Coupons). 
If the payment for an Entitling Order for which a Referral Affiliate Fee is due or has already been paid for is cancelled by a user or refunded (in whole or in part, other than due to cancellation by Activity Provider), such Referral Affiliate Fee will no longer be due, and to the extent already paid by SkillsGorilla (a) Referral Affiliate will repay the applicable Referral Affiliate Fee no later than 14 days from the date of notice by SkillsGorilla, and (b) to the extent not yet repaid by Referral Affiliate, SkillsGorilla may offset any such owed payment from other Referral Affiliate Fees that such Referral Affiliate is or may become entitled to. 
The Referral Affiliate Fee for each calendar month will be calculated by SkillsGorilla and will be final and binding upon Referral Affiliates. The Referral Affiliate Fees will be paid on the 15th of the calendar month following the calendar month in which the such Activity was held. 

The Referral Affiliate is solely responsible for the payment of any tax related to payment received from SkillsGorilla and will indemnify SkillsGorilla for any payment made by, or charge imposed on SkillsGorilla regarding such taxes. SkillsGorilla is entitled to withhold any taxes pursuant to applicable law. 
Each Referral Affiliates joins the Referral Affiliate Program at its own discretion, and any activity taken by it as part of the Referral Affiliate Program will be at its own expense. 
SkillsGorilla has absolute right, at its sole discretion, to halt the display or activity of any Designated Link or to cease the Affiliate Program without incurring any liability to Referral Affiliates or others. To become a part of SkillsGorilla Affiliate Program, click here.

Designated Links to Activity Providers

SkillsGorilla may also offer Activity Providers, in its sole discretion, to use a Affiliate Link. Activity Provider can upload such Affiliate Link to its own website and offer its clients to pay for its Activities with the use of such Affiliate Link. 

These Terms of Use were last updated on 06/09/2018