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Terms of service

Last updated: April 18th, 2023

Thanks very much for choosing Skills Reloaded! We hope it makes your life a little bit easier. There are well over a hundred and fifty thousand people using Skills Reloaded, so the only sensible way to manage the legal side of things is with standardised terms of service, and that’s what we have here:

Definitions

When we say “we”, “us” or “our” in these terms of service, we mean Viva IT Limited.

When we use the words “you”, “your”, "client", "user" we’re referring to the organisations and people who use our service, Skills Reloaded.

We refer to Skills Reloaded as our product and service, and that includes any product or website created and maintained by us, whether that’s available through your web browser, a desktop or mobile application.

When you sign up and use Skills Reloaded you are agreeing to the latest terms of service published here, which include our Privacy Policy and Data Processing Agreement.

We may update these Terms of Service from time to time. The latest copy will be published on our website.

Provision of services

  1. We use our best and reasonable endeavours to provide the Skills Reloaded error-free and without interruption.
  2. However, we don’t make any guarantees that Skills Reloaded will be error-free or without interruption. And we reserve the right to alter or suspend the Skills Reloaded without notice.
  3. Keeping Skills Reloaded up to date requires regular software updates. We reserve the right to modify or change Skills Reloaded with or without notifying you.
  4. We have the right to terminate provision of Skills Reloaded without prior notice.
  5. Keeping you informed is important and we will use our best and reasonable endeavours to provide notice whenever possible.

Plan charges and payments

  1. We offer a free trial so that you can see if Skills Reloaded works for you. We explain the length of that trial when you sign up. If, at the end of the free trial you want to keep using Skills Reloaded then you’ll need to input a debit/ credit card.
  2. We charge your card on the day your free trial ends and monthly thereafter.
  3. Your first payment will be at the price advertised on the website at the time you signed up. We reserve the right to change fees from time to time.
  4. If you cancel, access to Skills Reloaded will terminate immediately. No refunds are available.
  5. If, after repeated attempts, your monthly payment fails to clear, then access to Skills Reloaded will be suspended and will re-commence once a debit or credit card payment is successfully completed.

Use of Skills Reloaded

  1. Skills Reloaded is a service for businesses, charities, and public bodies - you can use Skills Reloaded only in accordance with these terms, and any relevant law and regulation in your jurisdiction.
  2. You may not reproduce, copy, duplicate, trade or resell the Skills Reloaded.
  3. Your right to use Skills Reloaded is non-exclusive, non-transferrable and fully revocable at our discretion.

Intellectual property

  1. The look and feel of Skills Reloaded, all content (unless submitted or created by you), page layouts, workflows, and underlying code is the property of Viva IT Limited, and is protected by applicable United Kingdom, EU, and International intellectual property laws.
  2. You may not reproduce, copy, distribute, store or in any other fashion re-use material from Skills Reloaded unless you’re given express written permission from us.

User content

  1. You are responsible for all content entered into your account. We don’t endorse, support, represent, or guarantee the accuracy or reliability of your content.
  2. By submitting or creating content you warrant and represent you are the author of the content or have the appropriate right to use the content in this fashion.
  3. We accept no responsibility or liability for any infringement of third-party rights by your content.

Privacy and data protection

  1. Where we collect and processes Personal Data as a data controller, that collection and processing is in accordance with our Privacy Policy.
  2. Where we are processing personal data on your behalf, we are the data processor and you, the client, are the data controller. In this situation we both will comply with our respective obligations under any applicable data protection law and the terms of the Skills Reloaded Data Processing Agreement.

Disclaimer of warranties

  1. We make no guarantee that Skills Reloaded will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, or that it will be secure.
  2. No part of Skills Reloaded is intended to constitute advice and you should not rely solely on the content of Skills Reloaded when making any decisions.
  3. We use our best and reasonable endeavours to make sure all information provided on, in, or about Skills Reloaded is accurate and up to date, however we make no guarantee that this will always be the case. We make no guarantee of any specific results from your use of Skills Reloaded.
  4. Whilst every effort has been made to ensure that all descriptions of Skills Reloaded correspond to the actual services available, we can’t be held responsible for any variations from these descriptions.

Uptime and availability

  1. Skills Reloaded is provided “as is” and on an “as available” basis. We give no warranty that Skills Reloaded will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
  2. You use Skills Reloaded at your own risk.
  3. We accept no liability for any disruption or non-availability of Skills Reloaded resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war, acts of God or legal restrictions and censorship.

Limitation of liability

  1. Our liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising out of our breach of these terms shall be limited to the value of one month of your subscription at the relevant time. For all other direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of Skills Reloaded, or any information contained in Skills Reloaded, to the maximum extent permitted by law, we accept no liability. You should be aware that you use Skills Reloaded entirely at your own risk.
  2. Nothing in these terms excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.

Cancellation and termination

  1. You can cancel your Skills Reloaded account instantly at any time. We provide a cancellation function in Skills Reloaded, the process is instant and fully automated.
  2. You are solely responsible for cancelling your account using this function, we don’t accept email or written requests to cancel Skills Reloaded.
  3. If you need help cancelling please reach out to our support team.
  4. We strongly advise you to sign-in and download your data prior to cancelling.
  5. When you cancel, all access to your account will end immediately and all your data will be deleted from our live servers. Over the next 10 to 14 days your account and its content will be deleted from all backups. After this it’s not possible to recover any of your data.
  6. We don’t offer any pro-rata refunds against part months of use.
  7. When you cancel monthly payments will stop immediately, you will not be charged anymore.
  8. We reserve the right to suspend or delete your Skills Reloaded account at any time if you breach these terms of service, we are required to by law, or if for any reason we are no longer able to provide Skills Reloaded. Suspension means your account will be unavailable until you have resolved the situation to our mutual satisfaction.
  9. If we delete your account for any reason you won’t be entitled to any refund.

Assignment

You may not assign, transfer, sub-contract, or in any other manner transfer the benefit and/or burden of this agreement to any third party without our prior written consent.

Severance

In the event that any of these terms are found to be invalid, that term is to be deemed severed, but does not affect the validity and enforceability of the remaining terms.

Entire agreement

These terms set out the entire agreement and understanding between the parties to this agreement and supersede all prior oral or written agreements or understandings. Neither party is be entitled to rely on any agreement, understanding or arrangement that is not expressly set out in these terms, save for any representation made fraudulently.

Law and jurisdiction

These terms are governed by the laws of England and Wales. The courts of England have exclusive jurisdiction for the settlement of any dispute.

Contact

If you have any questions about these Terms of service, please contact our support team.

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