Welcome to Skillery, your one stop destination to discover and learn new skills. The Skillery website and service including (without limitation) all websites, mobile applications and other interactive properties through which the service is delivered (collectively, the “Service”) are owned, operated and distributed by Skillery (referred to in these Terms of Service as “Skillery” or “we” and through similar words such as “us,” “our,” etc.). By accessing any part of the Service, you are agreeing to the terms and conditions described below (these “Terms of Service”), the terms and conditions of our privacy policy (the “Privacy Policy”) and any other legal notices published by us on the Service (collectively, the “Governing Documents”). If you do not agree to any of these terms, you should not use the Service. These Terms of Service apply to all users, including both users who are simply viewing content available via the Service and users who have registered as members of Skillery. 

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified as of June 26, 2020.

Description of Service

The Skillery allows students to find classes that they are interested in taking, and allows teachers to find students interested in taking their classes.

We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.

 

Account Terms

The following terms apply to your use of the Service and any account that you may open or attempt to open via the Service:

  1. You represent and warrant that you are at least 16 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Service.

  2. You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.

  3. You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. Skillery will not be liable for any loss or damage from your failure to comply with this security obligation.

Changing Fees

We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change.

Rules for All Users

Skillery is a community of learners and experts. When you sign up for the Site, you agree to the following rules:

  1. You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.

  2. Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.

  3. You will not share any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not share any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.

  4. You assume full responsibility for the content of the Service offered.

  5. You understand that classes are publicly available to be viewed and accessed by any student.

  6. You agree that 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.

  7. You will not share content from the Service with anyone who is not properly licensed to access the content.

  8. You will not upload, share, post, distribute or otherwise 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 our rules or policies.

  9. You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.

  10. You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.

  11. You will not impersonate any person or entity, including any of our employees or representatives.

  12. You will not use your account or accesses to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.

 

Specific Rules for Gurus

When you schedule a class on the Skillery, you agree to the following rules:

  1. You will honor any enrollments through Skillery at the price and time listed in the Service, and not to refuse enrollments or participation by any student for any discriminatory or other illegal reason.

  2. You grant us the right to place advertisements on your content at our sole discretion.

  3. Any content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material.

  4. You represent and warrant to Skillery that you are qualified to teach the classes that you list with the Service and that you will at all times conduct yourself in a professional manner and in compliance with all applicable laws.

  5. You understand that, if you teach a class, your students will have the ability to post a review of this class. We cannot control the contents of any such review and will not be held responsible for any information or opinions that a user may include in any such review.

  6. You grant us full ownership of any video content that we have filmed for you or you have submitted to us. It is at our sole discretion to remove, add, or edit that video content.

  7. Skillery reserves the right to, but is under no obligation, to delete the listing of any class at any time and for any reason.

Specific Rules for Students

When you enroll in a class on the Skillery, you agree to the following rules:

  1. You will accept all of the terms and conditions including the cancellation policy listed in the Service when you agree to enroll in or access a class on Skillery.

  2. You will follow all reasonable rules set by a teacher with respect to a class, and you will not take any actions to interfere with the teacher or any other students in the class.

  3. You may access class content for your information and personal use only.

  4. You will not copy any materials or techniques for purposes of your own or others’ classes, or for interfering with any class or the teacher’s ongoing relationship with any students participating in such class.

  5. Skillery reserves the right to delete or suspend your account if you violate any of our rules, or at any time and for any reason

Teaching or Participating in a Class

These Terms of Service and the Governing Documents are in addition to any agreements, releases or other documents (the “Class Agreements”) that a teacher and student may enter into in connection with a class, including any Class Agreements entered into through the Service. Students and teachers are each responsible to the other for complying with the terms of the Class Agreements, but Skillery has no control over either party’s compliance. Among other things, Skillery cannot control (a) the provisions of the Class Agreements, (b) the accuracy or legality of the Class Agreements or (c) any party’s performance of its obligations under the Class Agreements. Accordingly, Skillery shall not be held responsible for any liability arising out of the Class Agreements or any actions that you may take in reliance thereon, and is not a party to any transaction between you and any other user. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SKILLERY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “SKILLERY PARTIES”) FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO ANY DISPUTE RELATING TO THE CLASS AGREEMENTS OR ANY TRANSACTION OR ATTEMPTED TRANSACTION WITH ANOTHER USER OF THE SERVICE (WHETHER A STUDENT OR TEACHER). YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

Your teaching or participation in a class is at your sole risk. Skillery does not supervise classes and is not involved in any way with the actions of any individuals (whether students or teachers) at any class. As a result, we have no control over the identity or actions of the individuals who are present at these classes, and we request that our users exercise caution and good judgment when participating in Classes. You acknowledge and agree that by participating in any class (whether as a student or teacher) you may be exposed to a variety of risks and hazards, which may or may not be foreseen, including (without limitation) personal injury, property damage and death. You are solely responsible for all costs and/or risks associated with your participation in any class. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE SKILLERY AND EACH OF THE OTHER SKILLERY PARTIES FROM ANY CLAIMS OR DAMAGES OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, RELATING TO YOUR PARTICIPATION IN ANY EVENT, WHETHER AS A STUDENT OR TEACHER. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS.

SkillPass Membership Program

You may participate in our “SkillPass Membership” by subscribing to pay monthly, quarterly, half-yearly or annual membership fees for unlimited access to Skillery’s Workshops and other benefits. Such benefits are part of the SkillPass Membership Program and are offered by Skillery’s sole discretion.

 

Recurring Billing

The membership fee will be billed on the beginning of the paying portion of your membership and each month, quarter, half-year or year thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Premium Membership or became a paying member on March 31st, your next payment date is likely to be April 30th, and your Payment Method would be billed that date.

Price Changes

We reserve the right to adjust pricing for our service, or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

Free Trials

From time to time, we or others on our behalf may offer trials of paid subscriptions for our SkillPass Membership for a specified period without payment or at a reduced rate (a “Trial”). Skillery 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 your payment details to start the Trial. At the end of such trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial on a recurring basis. When you provide a Payment Method, we will attempt to verify the information you entered by processing an authorization hold. We do not charge you in connection with this authorization hold, but your available balance or credit limit may be reduced. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription through your payment settings within your Skillery account profile.

 

Cancellation and Refunds

  1. If you subscribed to SkillPass, you will be charged according to the plan you opted for once your trial period ends. 

  2. Skillery offers full refund for SkillPass Membership if you contact us within 7 days after the charge has been processed. We allow only one refund per customer. A refund is processed within 7 working days of accepting the request.

  3. If the class you have paid for is cancelled for some reason then your booking amount is automatically refunded.

  4. You are not eligible for a refund if you are unable to show up for a booked session.

  5. In case you want to cancel a booked session, you are eligible for a full refund of the booking amount if you place your request for cancellation 3 days prior to the commencement of the class. Cancellations made after that are not eligible for a refund.

  6. A refund may take upto 14 business days to get processed.

 

Gurus Payments

  1. Gurus may earn revenue by offering classes or additional services through Skillery. To qualify for payments each month, Gurus must have undertaken the classes scheduled on Skillery as promised.

  2. Skillery pays teachers on the 16th of the month. Payouts sent on the 16th of each month are for transactions that have occurred in the previous calendar month.

  3. Monthly payouts begin the month following the month in which a teacher undertakes their first class/session.

  4. Gurus can report any discrepancies w.r.t payments by getting in touch with us.

  5. Gurs and Seekers agree that Skillery’s sole responsibility is to process payments set forth above. Skillery is not party to any transaction between any student and/or teacher and cannot be held responsible for any issues arising from any such transaction.

  6. Gurus are responsible for all income, sales, and other taxes associated with the fees they earn. 

  7. Skillery reserves the right to withhold any payment until it has received all tax identification information it requires to satisfy its obligations.

  8. Skillery reserves the right to withhold or cancel payments to Gurus if it deems, in its sole judgement and absolute discretion, that the Guru engaged in behaviour that violated any part of this Agreement.

 

Skillery Rights

Skillery reserves these rights:

  • We can make changes to the Skillery Site and Services without notice or liability.

  • We have the right to terminate your membership, account, payment, or other affiliation with the Service at any time and for any reason. We can change our eligibility criteria at any time. If these things are prohibited by law where you live, then we revoke your right to use Skillery in that jurisdiction.

  • We will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

  • We have the right to remove a Guru from a collaboration at any time, without prior notice, at our sole discretion, should we identify that their account is associated with behavior that we deem to be in violation of our rules or guidelines.

  • We have the right to reject, cancel, interrupt, remove, or suspend any class, comment, or other posted comment at any time and for any reason.

Skillery is not liable for any damages as a result of any of these actions, and it is our policy not to comment on the reasons for any such action.

 

Disclaimer of Warranties

THE SERVICE AND ALL MATERIALS INCLUDED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, 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 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 SERVICE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE SERVICE AND ANY OF THE CONTENT OR FEATURES INCLUDED THEREIN, INCLUDING THE PRICES AND ACCESS RULES FOR ANY FUNCTIONALITY, AT ANY TIME WITHOUT NOTICE. THE CONTENT INCLUDED ON THE SERVICE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.

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.

Through your use of the Service, you may have the opportunities to engage in commercial transactions with other users and vendors, including (without limitation) students and teachers. You acknowledge that all transactions relating to any class or other merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THE SERVICE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY CLASS, PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THE SERVICE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through the Service or presented at any class represents the opinions and judgments of an information provider, user, 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 other than an authorized Skillery spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of the Service for further information, which policies are incorporated by reference into these Terms of Service.

The Classes offered on Skillery are offered directly by the teachers. Skillery is not responsible or liable for any information on its Service listings or profiles. Skillery is not responsible for any changes made to a class by the teacher.

You understand and agree that temporary interruptions of the Service may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of the Service, and therefore, delays and disruption of other network transmissions are completely beyond our control.

You understand and agree that the Service is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

Limitation of Liability

IN NO EVENT SHALL WE OR ANY OTHER SKILLERY PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THE SERVICE.

FURTHER, NEITHER WE,NOR ANY OTHER SKILLERY PARTY, SHALL BE LIABLE IN ANY WAY FOR ANY CLASS OR OTHER THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THE SERVICE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH OTHER USERS OF THE SITE, INCLUDING WITHOUT LIMITATION ANY TRANSACTION BETWEEN A STUDENT AND TEACHER.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and the other Skillery Parties harmless from all liabilities, claims, and expenses, including attorneys’ fees, that arise from your violation of these Terms of Service or any of the other Governing Documents, or other negligent or wrongful conduct. 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.

Terms Of Use