1. What information do we collect?
- MySkillConnect collects your information when you register on the MySkillConnect site and when you visit MySkillConnect pages.
- Name, and contact information, such as email address, phone number, mobile telephone number, physical address, and (depending on the service used) sometimes financial information, such as bank account numbers;
- Transactional information based on your activities on the sites (such as bidding, buying, selling, item and content you generate or that relates to your account), billing and other information you provide to purchase an item;
- personal information you provide to us through correspondence, chats, dispute resolution, or shared by you from other social applications, services or websites;
- Additional personal information we ask you to submit to authenticate yourself if we believe you are violating site policies (for example, we may ask you to send us an ID to answer additional questions online to help verify your identity);
- Information from your interaction with our sites, services, content and advertising, including, but not limited to, device ID, device type, location, geo-location information, computer and connection information, statistics on page views, traffic to and from the sites, ad data, IP address and standard web log information.
- Aggregate Information: MySkillConnect collects non-identifying, general, generic and aggregate information to better design our Web site and services.
- Non-Personal Information: MySkillConnect may collect non-personal information as you use MySkillConnect. When you use the site, MySkillConnect, third-party service providers (e.g. Google Analytics), and partners may receive and record non-personal information from cookies, server logs, and similar technology from your browser or mobile device, including your IP address.
- We may combine some Non-Personal Information with the Personal Information we collect. Where we do so, we will treat the combined information as Personal Information if the resulting combination may be used to readily identify or locate you in the same manner as Personal Information alone.
2. How do we store your information?
We use hosting provider Firebase, therefore your information may be transferred to and stored on servers in various locations both in and outside of Nigeria. MySkillConnect maintains control of your information. We protect your information using technical and administrative security measures to reduce the risks of loss, misuse, unauthorised access, disclosure and alteration. Some of the safeguards we use are firewalls and data encryption, physical access controls to our data centres, and information access authorisation controls.
3. How do we use your Information?
- When you use the MySkillConnect site, we may request certain information. MySkillConnect does not share any of your personally identifiable or transactional information with any person or entity, other than as set out in this policy. No other third party receives your personally identifiable information or other transactional data except for approximate location / geo-location information when you use the Local jobs service and those with whom you have transactions and share that information. The information we collect is used to improve the content of our web site, used to notify consumers about updates to our web site and for communications, such as customer service.
- Email Communications: We may send you a welcome email to verify your account and other transactional emails for operational purposes, such as billing, account management, or system maintenance. You may only stop those emails by terminating your account. We may also send you promotions, product announcements, surveys, newsletters, developer updates, product evaluations, and event information or other marketing or commercial e-mails. You can opt out of receiving these email communications from MySkillConnect at any time by unsubscribing using the unsubscribe link within each email, updating your e-mail preferences on your MySkillConnect account or emailing us to have your contact information removed from our email list or registration database.
- SMS communications: We may send you SMS messages to your secure phone number for operational purposes, such as notifying you about the status of your project. You can opt out of receiving these SMS messages from MySkillConnect at any time by updating your notifications preferences on your MySkillConnect account or by replying ‘STOP’ to any message we send.
- Marketing: You agree that we may use your personal information to tell you about our services and tools, deliver targeted marketing and promotional offers based on your communication preferences, and customise measure and improve our advertising. You can unsubscribe from emails at any time by clicking the unsubscribe link contained in the email.
- We do not rent, sell, or share Personal Information about you with other people or non- affiliated companies for marketing purposes (including direct marketing purposes) without your permission. We may use and share Non-Personal Information for our marketing purposes, including, without limitation, marketing on other websites. For example, we may use the information to control the number of times you have seen an ad, deliver ads tailored to your interests, and measure the effectiveness of ad campaigns. You can prevent us from tailoring our ads to you on other websites by deleting your cookies (see below).
4. Sharing your Information
- We disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone’s rights, property, or safety. Such information will be disclosed in accordance with applicable laws and regulations. As stated above, we do not disclose your personal information to third parties for their marketing purposes without your explicit consent.
- We may disclose personal information to our related bodies corporate and third party suppliers and service providers located overseas for some of the purposes listed above. We take reasonable steps to ensure that the overseas recipients of your personal information do not breach the privacy obligations relating to your personal information.
- We may disclose your personal information upon a business transition; At the sale or transfer of MySkillConnect and/or all or part of its assets, your personal information may be among the items sold or transferred.
- We may disclose your personal information to entities located outside of Nigeria
- We may share aggregate data with advertisers and other third parties. MySkillConnect uses industry-standard encryption technologies when transferring and receiving consumer and transaction data exchanged with our site.
6. Accessing and updating your Information
You can update your information through your account profile settings. If you believe that personal information we hold about you is incorrect, incomplete or inaccurate, then you may request us to amend it.
Additionally, You may request access to any personal information we hold about you at any time by contacting us at privacy@mySkillConnect.com. Where we hold information that you are entitled to access, we will try to provide you with suitable means of accessing it (for example, by mailing or emailing it to you). We may charge you a fee to cover our administrative and other reasonable costs in providing the information to you. We will not charge for simply making the request and will not charge for making any corrections to your personal information.
There may be instances where we cannot grant you access to the personal information we hold. For example, we may need to refuse access if granting access would interfere with the privacy of others or if it would result in a breach of confidentiality. If that happens, we will give you written reasons for any refusal.
This Agreement was last modified on 1st April 2020.
This User Agreement describes the terms and conditions which you accept by using our Website or our Services. We have incorporated by reference some linked information.
In this User Agreement:
“Account” means the account associated with your email address.
“Buyer” means a User that purchases Seller Services or items from Sellers or identifies a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.
“MySkillConnect”, “we”, “our”, “company” or “the company” or “us” means SkillConnect Ltd (RC 1661539).
“MySkillConnect Verified” Users have been satisfactorily verified under the Know your Customer and Identity Verification Policy.
“Inactive Account” means a User Account that has not been logged into for a 6 month period, or other period determined by us from time to time.
“Intellectual Property Rights” means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
“Local Job” or “Local Jobs” means a service we provide to match a Buyer with a Seller in relation to the provision of location specific services.
“Job” or “Listing” means a job offered or awarded by a Buyer via the Website,
“Seller” means a User that offers and provides services or identifies as a Seller through the Website. A User may be both a Buyer and a Seller under this agreement.
“Seller Services” means all services provided by a Seller.
“MySkillConnect Services” means all services provided by us to you.
“User”, “you” or “your” means an individual who visits or uses the Website, including via the API.
“User Contract” means: (1) this User Agreement; (2) the Code of Conduct as amended from time to time; (3) any other contractual provisions accepted by both the Seller and Buyer uploaded to the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; (4) the Project terms as awarded and accepted on the Website, to the extent not inconsistent with the User Agreement and the Code of Conduct; and (5) any other material incorporated by reference from time to time.
“Website” means the Websites operated by MySkillConnect and available at: mySkillConnect and any of its regional or other domains or properties, and any related MySkillConnect service, tool or application, specifically including mobile web, any iOS App and any Android App, or API or other access mechanism.
By accessing the Website, you agree to the following terms with MySkillConnect.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website, without notice to you.
The Website is an online venue where Users buy and sell Seller Services and items. Buyers and Sellers must register for an Account in order to buy or sell Seller Services and/or items. The Website enables Users to work together online to complete and pay for Projects or jobs, buy and sell items and to use the services that we provide. We are not a party to any contractual agreements between Buyer and Seller in the online venue, we merely facilitate connections between the parties.
We may, from time to time, and without notice, change or add to the Website or the information, products or services described in it. However, we do not undertake to keep the Website updated. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.
Before using the Website, you must read the whole User Agreement, the Website policies and all linked information.
You will not use the Website if you:
- are not able to form legally binding contracts;
- are under the age of 16;
- a person barred from receiving and rendering services under the laws of Nigeria or other applicable jurisdiction;
- are suspended from using the Website; or
- Do not hold a valid email address.
All free user accounts are associated with individuals. Login credentials should not be shared by users with others. The individual associated with the account will be held responsible for all actions taken by the account, without limitation.
Subject to your local laws, a person over 15 but under 18 can use an adult’s account with the permission of the account holder. However, the account holder is responsible for all actions taken by the account, without limitation.
Users may provide a business name or a company name, which is associated with the User’s Account. Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
A company, corporation, trust, partnership or other non-individual corporate entity may be a User subject to an eligible corporate account which pays corporate subscriptions.
We may, at our absolute discretion, refuse to register any person or entity as a User.
You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.
4. Using MySkillConnect
While using the Website, you will not attempt to or otherwise do any of the following:
- Post content or items in inappropriate categories or areas on our Websites and services;
- Infringe any laws, third party rights or our policies, such as the Code of Conduct;
- Fail to deliver payment for services delivered to you;
- Fail to deliver Seller Services purchased from you;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to MySkillConnect;
- Post false, inaccurate, misleading, deceptive, defamatory or offensive content (including personal information);
- Take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Website);
- Transfer your MySkillConnect account (including feedback) and Username to another party without our consent;
- Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- Distribute viruses or any other technologies that may harm MySkillConnect, the Website, or the interests or property of MySkillConnect users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- Download and aggregate listings from our website for display with listings from other websites without our express written permission, “frame”, “mirror” or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
- Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Website;
- Copy, modify or distribute rights or content from the Website or MySkillConnect’s copyrights and trademarks; or harvest or otherwise collect information about Users, including email addresses, without their consent.
5. Fees and Services
We charge fees for certain services, such as introduction fees for Projects, listing upgrades and memberships. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our schedule of Fees and Charges, which we may change from time to time and will update by placing on our Website. We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence.
Unless otherwise stated, all fees are quoted in Nigeria Naira.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided.
Depending on your residency or location, you may be subject to certain ad valorem or other taxes. On certain fees that we charge, these taxes will be added to fees billed to you, if applicable.
You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.
We may display your company or business name, logo, images or other media as part of the MySkillConnect Services and/or other marketing materials relating to the Website, except where you have explicitly requested that we do not do this and we have agreed to such a request in writing.
You acknowledge that we may use the public description of your Projects and the content of your profile information on the Website for marketing and other related purposes.
When you give us content, you grant us a worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we act only as a forum for the online distribution and publication of User content. We make no warranty that User content is made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
- Will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
- Will not violate any law or regulation;
- Will not be defamatory or trade libellous;
- Will not be obscene or contain child pornography;
- Will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
- Will not contain material linked to terrorist activities
- Will not include incomplete, false or inaccurate information about User or any other individual; and
- Will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Nigeria. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and MySkillConnect Services and may close your Account.
Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
In relation to deletion or hiding of any information or content, using the Website to delete, hide or otherwise dispose of information does not imply permanent deletion of content or information. Information may be retained for a period of time to fulfil record keeping, regulatory, compliance, statistical, law enforcement and other obligations.
9. Feedback, Reputation and Reviews
You acknowledge that you transfer copyright of any feedback, reputation or reviews you leave consisting of comments and any rating(s) (e.g. quality, communication etc.) together with any composite rating by us. You acknowledge that such feedback, reputation and reviews belong solely to us, notwithstanding that we permit you to use it on our Website while you remain a User. You must not use, or deal with, such feedback, reputation and reviews in any way inconsistent with our policies as posted on the Website from time to time without our prior written permission.
You may not do (or omit to do) anything that may undermine the integrity of the MySkillConnect feedback system. We are entitled to suspend or terminate your Account at any time if we, in our sole and absolute discretion, are concerned by any feedback about you, or your feedback rating, where we believe our feedback system may be subverted.
Our feedback ratings belong to us and may not be used for any purpose other than facilitating the provision of Seller Services via the Website. You may not use your Seller or Buyer feedback (including, but not limited to, marketing or exporting your any or all of your composite rating(s) or feedback comments) in any real or virtual venue other than a website operated by MySkillConnect or its related entities, without our written permission.
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a listing, bid, listing description, clarification board or the message board, must relate to a Jobs, Business Listing, Program listing, item listed, user or service being performed on the Website.
We may display advertisements or promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as result of the presence of such advertisements or promotions or any subsequent dealings with third parties. Furthermore, you acknowledge and agree that content of any advertisements or promotions may be protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by MySkillConnect or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
11. Communication with Other Users
Communication with other users on the Website must be conducted through the text, audio and or video chat functionality, along with message boards, public clarification boards, Job message board, direct message sending and other communication channels provided on the Website.
You must not post your email address or any other contact information (including but not limited to Skype ID or other identifying strings on other platforms) on the Website, except in the “email” field of the signup form, at our request or as otherwise permitted by us on the Website.
Unless you have a prior relationship with a User, you must only communicate with Users via the Website. You must not, and must not attempt to, communicate with other Users through any other means including but not limited to email, telephone, Skype, ICQ, AIM, MSN Messenger, WeChat, SnapChat, GTalk, GChat or Yahoo.
In relation to video chat and audio chat, any terms agreed to between any Users must be confirmed in writing using the chat or direct message function.
MySkillConnect may use information such as your name, location, display or username, and or your image, in relation to the provision messaging services on the Website or in the mobile apps.
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.
12. Identity / Know Your Customer
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and or other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your passport or drivers’ licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or MySkillConnect Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
We reserve the right to update your particulars on the website in order to match any KYC documentation that has been provided. Disbursements such as wire transfers from the website may only be made to the beneficiary matching your provided KYC documents and account information.
If you are not MySkillConnect verified you may not be able to withdraw funds from your MySkillConnect account, and other restrictions may apply. See the Know Your Customer and Identity Verification Policy for more details.
13. Special Provisions for Local Jobs
Each User acknowledges:
- MySkillConnect does not review, approve, recommend or verify any of the credentials, licences or statements of capability in relation to Local Jobs (or, for the avoidance of doubt, any non Local Jobs on the Website);
- MySkillConnect provides matchmaking and platform services only. Users agree that MySkillConnect has no liability for any other aspect of service delivery or interaction between Buyer and Seller. MySkillConnect is not a party to any disputes between Buyer and Seller, although we provide a dispute resolution mechanism to assist the parties in resolving issues;
- MySkillConnect may from time to time include map features and MySkillConnect may display the location of Users to persons browsing the Website on that map. Every Buyer seeking services for Local Jobs will be asked to provide the location where the Local Job is to be performed. You expressly agree that MySkillConnect has no liability for displaying such information.
- MySkillConnect may collect location related data from you via technologies including but not limited to GPS, IP address location, wifi, and other methods. This data may be shared in the context of facilitating services for Local Jobs and each User specifically consents to this collection and sharing as part of this agreement;
You may have positive funds in your Account if you have prepaid for fees or charges or for services to be provided to you via the Website. There are also circumstances where funds may have been credited to your Account in relation to an affiliate program or a referral program.
Funds in your Account are held by us in our operating accounts held with financial institutions. Funds in your Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other User’s Accounts.
You are not entitled to any interest, or other earnings for funds that are in your Account.
We may receive interest on funds held by us in our operating accounts from financial institutions with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.
If your Account has negative funds, we may:
- Set-off the negative amount with funds that you subsequently receive into your Account;
- If you have funds in multiple currencies in your Account and one of the currencies becomes negative for any reason, we may set-off the negative amount against funds you maintain in a different currency (at an exchange rate applied by us);
- Reverse payments you have made from your Account to other User Accounts on the Website;
- Deduct amounts you owe us from money you subsequently add or receive into your Account; or
- Immediately suspend or limit your Account until such time as your Account no longer has a negative amount.
In the event that we offset a negative amount of funds pursuant to this section, it may be bundled with another debit coming out of your Account.
We reserve the right to collect any funds owed to us by any other legal means.
You acknowledge and agree that:
- We are not a bank or other licensed financial institution and do not provide banking services or any financial services to you;
- The funds shown in your Account represents our unsecured obligations to you with respect to your rights to direct us to make payment in relation to the purchase and sale of Seller Services through the Website and provision of the MySkillConnect Services;
- If you were a User acquired in an acquisition and your account was migrated to the Website, we are responsible for your positive funds only to the extent of the legal documentation between us and any acquired marketplace, along with this agreement, and you acknowledge specifically that the onus is on you to confirm the validity of your fund, and that any understatement or misstatement in relation to this is not a claim against us, and belongs with the counterparty of any prior user agreement to which you agreed;
- To the extent that we are required to release funds from your Account to you, you will become our unsecured creditor until such funds are paid to you;
- We are not acting as a trustee or fiduciary with respect to such funds or payments;
- The amount of funds showing in your Account is not insured and is not a guaranteed deposit;
- Funds may only loaded into your Account, or released from your Account, by us and you must only use the mechanisms available on the Website to pay for, or receive funds in respect of Seller Services;
- Any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;
15. Limits & Fraud Prevention
We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent.
If we become aware that any funds received into an Account from another Account as a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds into your Account. If you do not do so, we may suspend, limit or cancel your account, or take action against you to recover those funds.
We may, in our sole discretion, place a limit on any or all of the funds in your Account (thereby preventing any use of the funds) if:
- We believe there may be an unacceptable level of risk associated with you, your Account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
- We believe that the beneficiary of the payment is someone other than you;
- We believe that the payment is being made to a country where we do not offer our Service; or
- We are required to do so by law or applicable law enforcement agencies.
If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your Account to cover the amount of any potential liability. If the dispute is resolved in your favour, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favour, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behaviour, while we investigate any such matter.
You may ask for a refund at any time for any funds that you have paid into your Account.
If we agree to the refund, the funds will be received by the User via the same payment method(s) that the User used to make the original payment to us.
We may refund funds to Users irrespective of whether a User has requested funds be refunded if: (1) we are required by law or consider that we are required by law to do so; (2) we determine that refunding funds to the User will avoid any dispute or an increase in our costs; (3) we refund funds to the User in accordance with any refund policy specified by us from time to time; (4) we find out that the original payment made by the User is fraudulent; (5) the User made a duplicate payment in error; or (6) we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.
You can request a refund by using our customer support website or emailing us at support@mySkillConnect.com
17. Inactive Accounts
User Accounts that have not been logged into for a period of time will incur a maintenance fee per month, until either the account is closed or reactivated, for storage, bandwidth, support and management costs of providing hosting of the User’s profile, portfolio storage, listing in directories, promotion of your profile on the Website and elsewhere, provision of the HireMe service, file storage, message transmission, general administrative matters and message and other storage costs.
The length of the period and the amount of the maintenance fee is set out in our schedule of Fees and Charges.
We reserve the right to close an Inactive Account.
We reserve the right to close an account with nil or negative funds.
18. Right to Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- If we determine that you have breached, or are acting in breach of, this User Agreement;
- If you under-bid on any Project in an attempt to renegotiate the actual price privately, to attempt to avoid fees;
- If we determine that you have infringed legal rights (resulting in actual or potential claims), including infringing Intellectual Property Rights;
- If we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- You do not respond to account verification requests;
- You do not complete account verification when requested within 3 months of the date of request;
- To manage any risk of loss to us, a User, or any other person; or for other reasons.
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this User Agreement will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this User Agreement, we may take legal action against you to recover losses.
If we close your Account for a reason other than as a result of your breach of this User Agreement, unless as otherwise specified in this User Agreement, you will be entitled to receive any payment due from us to you.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
19. Disputes with Us
If a dispute arises between you and MySkillConnect, our goal is to address your concerns immediately and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by using our customer support website or emailing us at support@mySkillConnect.com.
For any claim, MySkillConnect may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If MySkillConnect elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that MySkillConnect will provide to you. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
All claims you bring against MySkillConnect must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this Agreement shall be considered improperly filed and a breach of this Agreement. Should you file a claim contrary to the terms of this Agreement, MySkillConnect may recover its legal fees and costs (including in-house lawyers and paralegals), provided that MySkillConnect has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
You agree that you will not pursue any claims arising under this User Agreement on a class or other representative basis and will not seek to coordinate or consolidate any arbitration or action hereunder with any other proceeding.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, MySkillConnect will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
MySkillConnect’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
Some of the Websites will display rates in the local currency of that Website, in addition to the actual amount. These rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative and the amount specified in the origin currency is the actual amount.
As a convenience service, you may withdraw funds from the Website in another currency. If you wish to do so, you will be quoted an exchange rate which will be available for the time specified, which you may choose to accept. We may charge a fee for effecting the currency conversion transactions. This fee will be embedded within the rate provided to you and the currency exchange will be settled immediately.
We reserve the right to reject any request for a conversion of currency at any time.
You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider.
All information included on the Website in respect of currency conversion is general information only. Use of currency conversion is at your own risk. Currency conversions are final and irreversible.
21. Survival and Release
This agreement supersedes any other agreement between you and the Company. If any part of this document is found to be unenforceable, that part will be limited to the minimum extent necessary so that this document will otherwise remain in full force and effect. Our failure to enforce any part of this document is not a waiver of any of our rights to later enforce that or any other part of this documents. We may assign any of our rights and obligations under this document from time to time.
If there is a dispute between participants on this site, or between users and any third party, you agree that the Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release the Company, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
22. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Website via any means, including for the avoidance of doubt access to our API or application programming interface, for any purpose without our express written permission.
Additionally, you agree that you will not:
- Take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- Interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the websites without the prior express written permission of MySkillConnect and the appropriate third party, as applicable;
- Interfere or attempt to interfere with the proper working of the Websites, services or tools, or any activities conducted on or with the Websites, services or tools; or
- Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
23. Closing Your Account
You may close your Account at any time. The option is located in the Account Settings.
Account closure is subject to:
- Not having any outstanding listings on the Website;
- Resolving any outstanding matters (such as a suspension or restriction on your Account); and
- Paying any outstanding fees or amounts owing on the Account.
We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your breach of this Agreement, or your infringement of any law or the rights of a third party in the course of using the Website and MySkillConnect Services.
In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the MySkillConnect Services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). Your User Account is yours only, and you must not share your password with others. You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorised access of your account resulting from your failure to secure your password.
27. No Warranty as to Each User’s Purported Identity
We cannot and do not confirm each User’s purported identity on the Website. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that a User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
28. No Warranty as to Content
The Website is a dynamic time-sensitive Website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidentally by us or accidentally or purposefully by a third party.
Our Services, the Website and all content on it are provided on an ‘as is’, ‘with all faults’ and ‘as available’ basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
- The Website or any Seller Services or MySkillConnect Services;
- The accuracy, reliability, availability, veracity, timeliness or content of the Website or any Seller Services or MySkillConnect Services;
- Whether the Website or Seller Services or MySkillConnect Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
- Whether defects in the Website will be corrected;
- Whether the Website, the Seller Services or the MySkillConnect Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Seller Services or MySkillConnect Services;
- Any third party agreements or any guarantee of business gained by you through the Website, Seller Services or MySkillConnect Services or us; or
- The Website, Seller Services or MySkillConnect Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To every extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
29. Limitation of Liability
In no event shall we, our related entities, our affiliates or staff be liable, whether in contract, warranty, and tort (including negligence), or any other form of liability, for:
- Any indirect, special, incidental or consequential damages that may be incurred by you;
- Any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
- Any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staffs have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability on the part of us and our affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the MySkillConnect services again or the payment of the cost of having the MySkillConnect services supplied again.
30. Legal Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation. We may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against us for any matter arising out of any transaction or otherwise in respect of this User Agreement.
You and we agree that you and we will only be permitted to bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding. In addition, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favour of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s). Any relief awarded cannot affect other Users.
Legal notices will be served or to the email address you provide to MySkillConnect during the registration process. Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
Any notices to MySkillConnect must be given by registered ordinary post (or if posted to or from a place outside Nigeria, by registered airmail).
32. Law and Forum for Legal Disputes
This Agreement will be governed in all respects by the laws of Nigeria. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and MySkillConnect irrevocably submit to the non-exclusive jurisdiction of the courts of Nigeria.
The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
35. No Waiver
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
37. Additional Terms
It is important to read and understand all our policies as they provide the rules for trading on the MySkillConnect Website. In addition there may be specific policies or rules that apply, and it is your responsibility to check our Help pages and policies to make sure you comply. Our policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our Websites, including but not limited to:
Each of these policies may be changed from time to time. Changes take effect when we post them on the MySkillConnect Website. When using particular services on our Website, you are subject to any posted policies or rules applicable to services you use through the Website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.
MySkillConnect is located at Suite 24 & 25, Comfort Shopping Plaza 1,3 Etete Road, GRA, Benin City, Edo State, Nigeria.
This Agreement contains the entire understanding and agreement between you and MySkillConnect. The following Sections survive any termination of this Agreement: Fees And Services (with respect to fees owed for our services), Release, Content, No Warranty As To Content, Limitation Of Liability, Indemnity, Bar To Action, No Class Actions, Legal Limitations, and Disputes With Us.
39. Abusing MySkillConnect
MySkillConnect reserves to the greatest extent possible all rights, without limiting any other remedies, to limit, suspend or terminate our service(s) and or user account(s), suspend or ban access to our services, remove any content, and to take any and all technical or legal steps to ban users.
Without limiting the reasons for taking the aforementioned actions, conduct giving rise to this response could include:
- Use of our services for any illegitimate or non bona fide purpose
- Creating problems with other users or potential legal liabilities
- Infringing the intellectual property rights of third parties.
- Acting inconsistently with the letter or spirit of any of our policies
- Abuse of any staff members including inappropriate or unreasonable communication.
- Abuse or poor performance in the Preferred MySkillConnect Program.
- Any attempt to use MySkillConnect’s platform or services for any objectionable purpose
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us by using our customer support website or email us at support@mySkillConnect.com