Terms & conditions

USER CONDUCT AND PROTECTION POLICY - updated September 18th 2021

TERMS & CONDITIONS OF USE: SERVICE PROVIDERS  - updated September 18th 2021

TERMS & CONDITIONS OF USE: SERVICE PROVIDERS - updated September 18th 2021

 

 

USER CONDUCT AND PROTECTION POLICY

 

By visiting skillpik.com and browsing our site and/or using any of the services on our site and/or by subscribing as a Service Provider and/or registering as a Buyer you agree to be bound by this User Conduct and Protection policy.

For the purposes of this Policy “User” means an entity that is a Service Provider or Buyer or visitor to our website or any entity that browses and uses our website even if they do not subscribe to the site or register with the site and/or create an account. If you use our site to procure goods or services or post information, goods or services, you are considered a User for the purposes of this Policy.

skillpik.com enables people around the Caribbean to create, share, sell and purchase nearly any service they need at competitive rates. Services offered on skillpik.com reflect the diversity of an expanding Service economy. Members of the skillpik.com community communicate and engage with each other through our chat feature, e-commerce platform and on our Community Forums.

We maintain a friendly, community spirited, and professional environment. Users should keep to that spirit while participating in any activity or extensions of skillpik.com.

 

This Policy relates to the expected conduct Users should adhere to while interacting with each other on skillpik.com.

 

Policy Purpose:

  • To protect our Users’ privacy and security, any necessary exchange of personal information required to continue a service may be exchanged within the chat feature or the Order Page.
  • skillpik.com does not provide protection for Users who interact outside of the skillpik.com platform. Users’ protections are confined to any User interactions on our platform only. We do not recommend Users engage in interactions outside of our platform. Should Users interact outside of our site or platform, we recommend that the Users take all necessary precautions to ensure that his or her transactions and privacy are protected.
  • To protect our Users. Rude, abusive, improper language, violent messages or any other offending behavior will not be tolerated and may result in an account warning or the suspension/removal of your account. The course of action in relation to the offending behavior is at the discretion of skillpik.com.
  • skillpik.com is open to everyone. Discrimination against a User based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in the suspension or removal of your account.

 

Charge to Users

Any User that conducts transactions through our site and regulated platforms will be also subject to the terms and conditions applicable to Buyers or Service Providers (as the case may be). We recommend that you familiarise yourself with these Terms and Conditions.

 

Prohibited User Conduct:

Users with the intention to use our site to defame competing Service Providers will have their reviews removed.

Users are to refrain from spamming or soliciting previous Buyers or Service Providers (as the case may be) to pursue removing or modifying reviews or cancelling Orders.

To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the skillpik.com platform from users within the skillpik.com community. Purchases arranged to or determined to artificially enhance a Service Provider’s ratings, or to abuse the skillpik.com platform with purchases from additional accounts, will result in a permanent suspension of all related accounts. 

 

Feedback comments given by buyers are publicly displayed on a Service Provider’s Service page. 

 

Feedback reviews are unavailable for Orders not made on skillpik.com website. 

 

Reporting Violations

If a User comes across any content that may violate any of our Terms of Service and/or this Policy, that content and the offending account or User should be reported to us by clicking the report button on the user’s profile page and/or sending an email to operations@skillpik.com. All reports are reviewed and investigated by the relevant officers and/or agents of skillpik.com to protect the User’s privacy, the results of the investigation are not shared.

We invite everyone to report violations together with proof of ownership as appropriate.

 

 

Violations

Upon finding that a User has committed one or more of the violations set out in in our TERMS AND CONDITIONS OF SERVICE FOR BUYERS OR TERMS AND CONDITIONS FOR SERVICE PROVIDERS, a warning will be sent to the User’s email address and will also be displayed on the User’s Profile on our site. These are known as Violation Warnings.

Violation Warnings do not limit a User’s account activity but can lead, based on the severity of the violation, to the violating User’s account to become permanently disabled. In the case of a Service Provider, your account may also lose Service Provider status on the site. The reported violating content may also be removed or disabled from our site.

For examples of Violations see our TERMS AND CONDITIONS OF SERVICE FOR BUYERS and TERMS AND CONDITIONS FOR SERVICE PROVIDERS.

 

Non-Permitted Use

For the avoidance of any doubt, the following are some of the Non-Permitted uses of skillpik.com which may result in suspension of the User’s account or the permanent disabling of the account. This list in non-exhaustive. 

  • Adult Services and Pornography: We do not allow any exchange of adult oriented or pornographic materials and services on our site, through our chat feature, email, messaging services, social media pages or any other form of communication owned and/or operated and/or used by skillpik.com.
  • Inappropriate Behavior and Language: Communication on skillpik.com should be friendly, constructive, and professional. We condemn bullying, harassment, and hate speech towards others and do not allow any such language or behavior on our site or any of the platforms owned and/or operated and/or used by us. .
  • Phishing and Spam: our Users’ security is a top priority. Any attempts by a User to publish or send malicious content with the intent to compromise another User’s account or computer environment is strictly prohibited. Please respect our Users’ privacy by not contacting them with offers, questions, suggestions, or anything which is not directly related to their Services or Orders.
  • Privacy and Identity: A User may not publish or post another User’s private and confidential information. Any exchange of personal information required for the completion of an Order must be conducted in the Order Page provided on our site. Any Users who engage in communication off skillpik.com will not be protected by the relevant Terms of Service and/or this User Policy.
  • Authentic skillpik.com Profile: Users may not:
    • create a false identity on skillpik.com;
    • misrepresent their identity;
    • create a skillpik.com profile for anyone other than the entity for whom that User is authorised to so create; and/or
    •  use or attempt to use another User’s account or information.

 

While a User’s profile information on our site, including their “About” description, skills and location, may be kept anonymous, that information must be accurate and complete. It must not be false, misleading, illegal, offensive or otherwise harmful. We reserve the right to require Users to go through a verification process to use the site.

  • Fraud / Unlawful Use: A User shall not use skillpik.com for any unlawful purposes or to conduct illegal activities.
  • Targeted Abuse: We do not tolerate Users who engage in targeted abuse or harassment of other Users on skillpik.com. This includes creating multiple accounts to target and harass Users through our chat, message or ordering system or any other form of communication owned and/or operated and/or used by skillpik.com.

 

Note: any violations of the relevant skillpik.com Terms of Service and/or Policies (including this Policy) and or any non-permitted use of skillpik.com is cause for the permanent suspension of any and/or all accounts found to be operated or attributed to or used by the offending User.

 

User Generated Content

User Generated Content ("UGC") refers to the content added by Users as opposed to content created by us and our Site.

All content uploaded to skillpik.com by our Users is User Generated Content.

We do not check User uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations and the User uploading or creating such content shall be solely responsible for such content and the consequences of using, disclosing, storing or transmitting it on our site.

By uploading to, or creating content on, our site and platforms, a User represents and warrants that it owns or has obtained all rights, licenses, consents, permissions, power and/or authority, necessary to use and/or upload such content and that such content or the use thereof in the site does not and shall not (a) infringe or violate any intellectual property, proprietary or privacy, data protection or publicity rights of any third party; (b) violate any applicable laws, of Trinidad and Tobago or any other CARICOM Member State (as the case may be).

Users may also be subject to the Terms and Conditions of BUYERS or of SERVICE PROVIDERS as the case may be and so far as relevant. We advise that you review those Terms and Conditions to see whether they are applicable.

 

Note: skillpik.com does not provide any guarantee of the level of service offered to Buyers by Service Providers.

 

 

TERMS & CONDITIONS OF USE: SERVICE PROVIDERS

 

skillpik.com is owned by Metamorphosis Business Solutions Ltd whose registered office is at 26 Jones Avenue, Union Park East, Gopaul Lands, Marabella. skillpik.com is a central marketplace for the barter of services throughout CARICOM and the Caribbean. It is an online platform that is intended to foster business development, promote healthy competition and efficiency in business, drive entrepreneurship and above all deliver value for money.

This Agreement covers all your interactions on https://skillpik.com/ (“skillpik.com”) as a Service Provider including the selling of products or the performance of services to Buyers. This Agreement also forms part of the terms incorporated into every work order contract agreed to by you and a Buyer.

By using or subscribing to our site you enter into a binding contract with us on the following terms and conditions.

In consideration of a subscription fee charged by us, we provide for you an online market place where you can offer your services or products to Buyers, showcase your work and widen your market reach in your designated work area, create offers, specify timelines and milestones and receive payments from Buyers, earn verified status by submitting relevant documentation that will be required to verify your identity, skills and competencies and bid on jobs posted by Buyers.

Our promises

  1. We will permit you to access, use and interact with our site subject to these terms and conditions.
  2. We will:
    • exercise reasonable care in compiling our site;
    • use reasonable efforts to make our site available to you at all times; and
    • take the steps set out in our Privacy Policy to endeavour to secure any personal data and credit card information provided to us.

Exclusions and limitations

  1. We do not represent or warrant that access to our site, or any part of it, will be uninterrupted, reliable or fault-free.
  2. We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
  3. We do not represent or warrant that:
    • any services will be provided with due care and skill; or
    • any goods will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
  4. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
    • any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
    • the unavailability of our site (or any part of it), goods or services;
    • any delay in providing, or failure to provide or make available, goods or services, or any negligent provision of goods or services;
    • any goods not being of merchantable quality or fit for their intended purpose; or
    • any misrepresentation on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
  5. Our maximum liability to your business in respect of your use of our site or any services we provide or make available to you through or in relation to our site will be the amount of any subscription fees paid on behalf of your business during the year in which the liability arose. You agree that we shall have no liability for indirect or consequential losses, loss of data, income or profits or damages for loss of or damage to property.
  6. You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you sell or exchange information, goods or services through our site you will enter into a separate contract with the Buyer in each case.
  7. None of the exclusions or limitations in this clause 2 shall exclude or restrict our liability for death or personal injury caused by our negligence.
  8. None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the resupply of our site, good or service to you.
  9. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

Site subscription and charges

  1. By registering with and subscribing to our site as a Service Provider, you agree to pay our subscription charges at the rate applicable from time to time and stipulated on the site.
  2. If you fail at any time to pay any subscription charges due in accordance with these terms and conditions we may, in our discretion and without prejudice to our other rights and remedies, deny you access to those areas of our site which are exclusively available to subscribers. We will not provide you with advance notice in such circumstances.
  3. You are required to pay a transaction fee to us on all Orders effected on the site. This fee is 5% of the cost fixed by you the Service Provider and specified in the Order.

Orders

  1. An Order is not effective until accepted by both the Buyer and the Service Provider.
  2. Once effective, Orders create a separate contract on the terms of this agreement and any terms specified in the Order.

Delivery

  1. You are required to meet the delivery date specified in the Order. If you are unable to provide all or part of the services or products specified in the Order by the specified date, you must notify the Buyer immediately. Failure by you to notify the Buyer as stated in this clause and to deliver the Order by the specified date will entitle the Buyer to cancel the Order.
  2. You must update the status of an Order to ‘Delivered’ by clicking the “Deliver Order” button located on the Order page to mark the Order as delivered. All services, products and order material specified in the Order are deemed to be received by the Buyer once the said button has been clicked.
  3. You shall not abuse the “Deliver Order” button in order to circumvent Order guidelines described in this Agreement. Using the “Deliver Order” button when an Order has not been fulfilled may result in a cancellation of that Order and may affect your rating and result in a warning to you.
  4. Services, products and order material specified in the Order become the property of the Buyer on delivery (subject to payment for the said services, products or order material). Risk in deliverables and products transfers on receipt and acceptance (or deemed acceptance) of the said services, products and order material. 

Payment

  1. Once an Order is effective, the Buyer’s credit card is charged and the amount charged for that Order is held in skillpik.com’s account. Payment for the Order is not remitted to you until:
    • The services, products and/or order material specified in the Order are delivered to the Buyer; and
    • The Order is accepted or deemed to be accepted by the Buyer.
  2. For the avoidance of any doubt, if the Buyer does not confirm acceptance of the Order (or the related services, products and/or order material) within 3 days from the date on which you marked the Order as or updated the Order’s status to “Delivered” the Order is deemed to be accepted by the Buyer and payment is thereafter remitted to the you.

Service Provider obligations

  1. You must ensure that all the information on your Profile is true, accurate and complete.
  2. You must supply the services or products specified in the Order:
    • To the reasonable satisfaction of the Buyer and to the standard set out in the Order.
    • In a manner that equals or exceeds the standard expected of a Service Provider of reasonable competence, experienced and qualified in the performance of similar services or provision of similar products.
    • In accordance with legal and specific terms or requirements set out in the Order or notified to you in writing.
  3. You must ensure that:
    • You have all rights, titles licences, interests and property necessary to lawfully perform the services or provide the products as set out in the applicable Order.
    • The products or services will be fit for the purpose as set out in the applicable Order.
    • You will continue to hold all insurance policies specified in the Order (or as are appropriate) for the services or provision of the products as set out in the applicable Order.
  4. You must transfer to the Buyer all licences and warranties for any services or products or order material and any documentation needed by the Buyer to fully use the services or products purchased by the Buyer.
  5. You must scan all files for viruses and malware before uploading them to our website or before transferring them to the Buyer.
  6. You must ensure that the Buyer’s use of the Order will not infringe the intellectual property rights of any person.
  7. You must obtain any moral rights consents in writing necessary for the Buyer to use the product, service or order material.
  8. If someone claims intellectual property rights over any material or work you must respond to notices of alleged copyright or trademark infringement and you must, at your own cost:
    • Ensure that the Buyer can continue to use the relevant material or work without liability or infringement; or
    • Replace or modify the material or work so that the said intellectual property rights are not infringed (without diminishing the performance or quality of the work provided to the Buyer).
  9. Unless otherwise agreed in the Order, if the work or services provided to the Buyer includes the use of software that is not proprietary software, you shall either:
    • Provide open-source software to the Buyer or software that is capable of being open source; or
    • Give the Buyer a perpetual, irrevocable, fully paid licence to reproduce, publish, use, modify, adapt, communicate and reproduce the software.
  10. You must ensure the Buyer is provided with any intellectual property rights licences or usage rights it needs to use any work or material provided with or needed for the use of the Order.
  11. You must not cancel Orders without reasonable cause. Cancelling Orders on a regular basis will negatively affect your reputation and status on Skilllpik.com.
  12. You must comply with all security, health, workplace and safety and other legal requirements set out in the Order or that are applicable to the work, premises or location at which the services or products or order material are being delivered or performed.

Termination of subscription and suspension of account

  1. We may terminate your subscription immediately if you are in material breach of any of these terms and conditions and in particular upon any failure by you to pay your subscription charge in accordance with these terms and conditions. You may terminate your subscription at any time on 30 days’ notice to us.
  2. For security concerns, skillpik.com may temporarily disable your ability to withdraw revenue to prevent fraudulent or illicit activity. This may happen because of security issues, improper behaviour reported by other users, or associating multiple skillpik.com accounts to a single withdrawal provider.
  3. We may at our discretion remove you from skillpik.com or suspend your account for a violation which includes (but is not limited to) the following:
    • Illegal or Fraudulent services;
    • Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service;
    • Adult oriented services, Pornographic, Inappropriate/Obscene Content;
    • Intentional copies of Services and plagiarism;
    • Spam, nonsense, or violent or deceptive Services;
    • Services misleading to Buyers or others;
    • Reselling of regulated goods;
    • Offering to prepare academic works on behalf of Buyers;
    • Exceedingly low-quality Services; and/or
    • Promoting skillpik.com and/or its services through activities that are prohibited by any laws, regulations, and/or third parties’ terms of service, as well as through any marketing activity that negatively affects our relationships with our users or partners.
  4. Services that are removed for violations are not eligible to be restored or edited.
  5. Services may be removed from our “Search” feature due to poor performance and/or user misconduct.

User Conduct

You acknowledge and agree to be bound by our User Conduct and Protection Policy. 

Content

  1. Only professional content is allowed on the site. No explicit or discriminatory pictures or words are allowed. This can lead to:
    • Your account being deactivated; and/or 
    • Legal action being taken against you.
  2. We retain the right to use all publicly published delivered works for our marketing and promotional purposes. In such cases, you will be credited for all work produced that is used in our marketing campaigns.

Priority of documents

There will be times when the nature of an opportunity means that you or the Buyer will need to add to this agreement. A Buyer may highlight additional terms in their posted opportunity or subsequently. You and the Buyer must agree on any additional terms and include them in the Order. You cannot amend any part of this agreement that relates to your contractual relationship with us with additional terms.

No guarantee of opportunities or Orders

This Agreement does not guarantee that you will receive opportunities or Orders and does not prevent Buyers from buying services or products elsewhere.

Cancellation by Buyer

Parties are to Agree the terms of cancellation of the works between themselves.

Reviews

  1. Your rating on skillpik.com is calculated based on the Order reviews posted by Buyers who have conducted sale transactions on our website. Exceedingly low ratings may lead to the suspension of your account.
  2. You are to allow Buyers’ ratings and reviews without victimisation or malice to them. You do not have control over the publication of Buyers’ reviews but you can request removal on the grounds of violation stated in clause 9.3 or on the grounds of breach of our User Conduct and Protection Policy.
  3. Withholding the delivery of services, files, or information required to complete your service with the intent to gain favourable reviews or additional services is prohibited.
  4. Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there is clear violation of our User Policy as provided by clause 14 of the terms and conditions of use for buyers.

Services

You are allowed to add a select number of active services to your profile based on the subscription package of your choice. Standard packages allow you to attach two services to your Service Provider Profiles, while premium packages allow you to attach up to five services to your profiles.

Links to other sites

There may be certain links, including hypertext links, in our site which will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.

Variations

  1. We reserve the right at any time, without notice, to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. If we revise the content of our site (including the services offered by us) and these terms and conditions we will post the changes on this page, and place notices on other pages of the website, so that you may be aware of the changes.
  2. A Buyer and Service Provider cannot vary the terms of this agreement, however the terms of an Order will reflect the value, risk and complexity of the services or products or order material being delivered and may be subject to additional terms agreed between the Buyer and Service Provider in the Order. The Order can only be varied by written agreement between you and the Buyer.

Taxes

We have made every reasonable effort to make clear whether the quoted prices for goods and services available through our site include any relevant tax or duty. Where in any case it is not clear please note that before you make an order that you might be required to bear a liability to tax or duty (for example VAT or import or export duties) imposed by the Service Provider or by operation of law that is in addition to the price.

The use of your information

You agree that we may collect, store, and use information about you in accordance with our Privacy Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy.

Confidentiality

  1. Confidential information can only be disclosed if:
    • It is disclosed to your personnel solely to comply with obligations, or to exercise rights, under this agreement or any Order by a Buyer.
    • It is disclosed for government, administrative or accountability purposes, including making pricing available to buyers skillpik.com
    • It is authorised or required by law to be disclosed.
  2. Confidential information cannot be disclosed in any other circumstances without prior written consent from the owner of the confidential information.

Copyright

  1. All rights in the design, text, graphics and other material on skillpik.com and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
  2. You hereby grant to us a perpetual, royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you upload or post to our site (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not uploaded or posted subject to any obligation of confidence.

Trade marks

We are the proprietor of the skillpik.com trademark in Trinidad and Tobago and other CARICOM member states. All other trademarks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.

Access

We reserve the right in our sole discretion to deny users access to our site or any part of our site without notice and to decline to provide the service to any user that is in breach of these terms and conditions of use or has committed a violation as stated in clause 9.3 or has breached our User Conduct and Protection Policy.

Events beyond our control

We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.

Jurisdiction

These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with the laws of Trinidad and Tobago and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the Trinidad and Tobago courts.

Unenforceability

The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.

Definitions

  • “agreement” means this Agreement
  • “Buyer” means an entity, registered as a buyer on skillpik.com
  • “confidential information” means information that is by its nature regarded in law as confidential and which is designated by a party as confidential, agreed in writing by the parties as confidential, known to be (or ought to be known to be) confidential by a party, it does not include information that is public knowledge (other than by breach of this Agreement or any other confidentiality obligation)
  • “consequential loss” means any loss recoverable at law (other than arising in the usual course of things) including a loss of income or revenue, loss of opportunity, loss of profits, loss of anticipated savings or business.
  • “deliverable” means the provision of the services, product or order material specified in the Order.
  • “effective” means that an Order has been accepted by both the Buyer and the Service Provider.
  • “entity” means a person, partnership, organisation, company or business that has a legal and separately identifiable existence and legal rights and obligations.
  • “material” means any software, firmware, documented methodology, process, documentation including (but not limited to) any reports, specifications, user manuals, operation manuals, training manuals, instructions.
  • “moral rights” means that Independently of his copyright, and even where he is no longer the owner of copyright, the author of a work has the right to have his name indicated prominently on the copies and in connection with any public use of his work (as far as practicable); or to not have his name indicated on the copies and in connection with any public use of his work; or to use a pseudonym; or to object to any distortion, mutilation or other modification of, or other derogatory action in relation to his work, which would be prejudicial to his honour or reputation.
  •  “Order” means a contract formed between a Buyer and a Service Provider under this agreement for the provision of services or products or both.
  •  “product” or “products” means any item or items to be delivered of provided to the Buyer by you under an Order by the Buyer and may include (but is not limited to) files, documents, software and digital products.
  • “Service Provider” or “Service Providers” means entities who have subscribed to skillpik.com and offer their products or services on skillpik.com.
  • “service” or “services” means the work to be performed in specific areas of expertise described in the Order.
  • “work” means the services, product or order material specified in the Order.
  • “you” or “your” means the Service Provider and includes all agents and/or employees and/or officers and/or contractors and/or subcontractors of that Service Provider. 

 

 

TERMS AND CONDITIONS OF USE: BUYERS

 

skillpik.com is owned by Metamorphosis Business Solutions Ltd whose registered office is at 26 Jones Avenue, Union Park East, Gopaul Lands, Marabella. skillpik.com is a central marketplace for the barter of services throughout CARICOM and the Caribbean region. It is an online platform that is intended to foster business development, promote healthy competition and efficiency in business, drive entrepreneurship and above all deliver value for money.

This Agreement covers all your interactions as a Buyer on https://skillpik.com/ (“skillpik.com”) including (but not limited to) the browsing of our website for products and services offered by Service Providers, connecting with Service Providers in their respective fields and finding the Service Provider best suited for your required service or product, using our “Chat” feature to engage directly with registered Service Providers and to gain insight into their services and products, leveraging skillpik.com’s e-commerce platform to accept Service Providers’ offers, make payments and confirm delivery of products and services, tracking the status of an order and rating Service Providers’ services, posting jobs and/ or service requirements and getting Service Providers to bid on those jobs.

By participating in, accessing and using skillpik.com, you agree, and represent that you have read the following terms and conditions and accept that you are bound by them.

 

Our promises

  1. We will permit you to access, use and interact with skillpik.com subject to these terms and conditions.
  2. We will:
    • exercise reasonable care in compiling our site;
    • use reasonable efforts to make our site available to you at all times; and
    • take the steps set out in our Privacy Policy to endeavour to secure any personal data and credit card information you give us.

Exclusions and limitations

  1. We do not represent or warrant that access to our site, or any part of it, will be uninterrupted, reliable or fault-free.
  2. We do not represent or warrant to you that our site or any of its contents will be accurate, complete or reliable.
  3. We do not represent or warrant that:
    • any services will be provided with due care and skill; or
    • any goods will be of merchantable quality or will be fit for any purpose (even if that purpose has been previously notified to us).
  4. To the extent permitted by law, we exclude all liability (whether arising in contract, tort or otherwise and whether or not due to our negligence) which we may otherwise have to you as a result of:
    • any technical, factual, textual or typographical inaccuracies, errors or omissions on or relating to our site or any information on our site;
    • the unavailability of our site (or any part of it), goods or services;
    • any delay in providing, or failure to provide or make available, goods or services, or any negligent provision of goods or services;
    • any goods not being of merchantable quality or fit for their intended purpose; or
    • any misrepresentation on or relating to our site, the goods or the services (other than a fraudulent misrepresentation made by us or on our behalf).
  5. You agree that each of these limitations is reasonable having regard to the nature of our site and in particular given that when you purchase information, goods or services through our site you will enter into a separate contract with the Service Provider in each case.
  6. None of the exclusions or limitations in this clause 2 shall exclude or restrict our liability for death or personal injury caused by our negligence.
  7. None of the above exclusions shall affect any statutory rights which are not capable of being excluded. However, in such case our obligation, where permitted by law, will be limited to the facilitation of the resupply of our site, goods or service to you.
  8. Each of the above exclusions or limitations shall be construed as a separate, and severable, provision of these terms and conditions.

Orders

  1. In order to place Orders as a Buyer on skillpik.com you will need your own skillpik.com account to use or procure the goods or services of registered Service Providers. You will be required to be logged in to the account and have a valid payment method (such as a credit card) associated with it. 
  2. You can request an Order from a Service Provider which addresses your specific product, service or work requirements.
  3. You are required to pay a transaction fee to us on all Orders effected on the site. This fee is 5% of the cost fixed by the Service Provider and specified in the Order and is non-refundable. The valid payment method that you have registered to your skillpik.com account will be charged.
  4. You are required to confirm your acceptance of the Order from the Service Provider within three days of the Service Provider marking it as ‘Delivered’ on the site.
  5. The said Order is deemed to meet its Order requirements and you are deemed to have accepted the said services, products and/or order material when you do any act in relation to the said Order (or any services, products and/or order material that forms part of the Order) which is inconsistent with the ownership of the Service Provider.
  6. Within the said 3 day period, you may use the "Request Revisions" feature located on the Order Page when an Order is marked as ‘Delivered’ if the deliverables do not meet the requirements specified in the Order and/or the Service Provider’s description of the Order on their Service page.
  7. If you are still dissatisfied with the Order after having requested revisions as stated in clause 3.6, unless otherwise agreed between you and the Service Provider, you can reject the Order by using the “reject order” button on the delivery page and request a refund from the Service Provider. The terms of any refund (whether in full or any portion thereof) are to be agreed between you and the Service Provider.
  8. For the avoidance of doubt, if you fail to confirm acceptance of the Order or do not reject or request a revision of the Order within 3 days from the date on which the Service Provider marked the Order as ‘Delivered’ on our site, you are deemed to have received and accepted the Order and/or the required services, product and/or order material specified therein.

Payment

  1. Once an Order is effective on skillpik.com, your credit card is charged for the full amount of the Order as well as the 5% processing fee. The full amount of the Order is held in skillpik.com’s account and is not paid to the Service Provider until:
    • The services, products and/or order material specified in the Order are delivered to you by the Service Provider; and
    • There has been acceptance or deemed acceptance of the Order by you.
  2. Once payment into skillpik.com’s account is confirmed, your Order will be created and given a unique skillpik.com Order Number (#FO).
  3. Except as otherwise expressly provided by you and the Service Provider, all payments due under this Agreement shall be in United States Dollars (USD).

Cancellation of Orders

Unless otherwise agreed between you and the Service Provider, you are free to cancel Orders once the status of the Order has not been marked as or changed to ‘in progress’.

Content

Only professional content is allowed on the site. No explicit or discriminatory pictures or words are allowed. This can lead to:

  1. Your account being deactivated; and/or 
  2. legal action being taken against you.

Reviews

  1. You are allowed to rate Service Providers’ performance and share reviews as you see fit. Your reviews should be free of any obscene, derogatory or inflammatory language and or any language which can lead to defamation of the Service Provider’s character or business.
  2. We may at our discretion remove your reviews from skillpik.com for any violation provided by clause 14 herein.
  3. Your full username will not be shown in his review.
  4. Feedback reviews provided by Buyers while completing an Order are an essential part of skillpik.com's rating system. Reviews demonstrate the Buyer's overall experience with the Service Providers and their service. Buyers are encouraged to communicate to the Service Providers any concerns experienced during their active order regarding the service provided by the Service Providers.
  5. Leaving a Buyer's feedback is a basic prerogative of a Buyer. Feedback reviews will not be removed unless there is clear violation of our User Conduct and Protection Policy or as provided by clause 14 of these terms and conditions.
  6. To prevent any misuse of our Feedback system, all feedback reviews must come from legitimate sales executed exclusively through the skillpik.com platform from users within the skillpik.com community. Purchases arranged to or determined to artificially enhance a Service Provider’s ratings, or to abuse the skillpik.com platform with purchases from additional accounts, will result in a permanent suspension of all related accounts.
  7. Feedback comments given by you are publicly displayed on a Service Provider’s Service page.
  8. Feedback reviews are unavailable for Orders not made on skillpik.com’s website.

Ownership

  1. You are granted all rights for the delivered work, unless otherwise specified by the Service Provider.
  2. Services, products and order material specified in the Order become the property of the Buyer on delivery (subject to payment for the said services, products or order material).

Taxes

We have made every reasonable effort to make clear whether the quoted prices for goods and services available through our site include any relevant tax or duty. Where in any case it is not clear please note that before you make an order that you might be required to bear a liability to tax or duty (for example VAT or import or export duties) imposed by the Service Provider or by operation of law that is in addition to the price.

The use of your information

You agree that we may collect, store, and use information about you in accordance with our Privacy Policy. You acknowledge and agree to be bound by the terms of our Privacy Policy.

Confidentiality

  1. Confidential information can only be disclosed if:
    • It is disclosed to your personnel solely to comply with obligations, or to exercise rights, under this agreement or any Order by a Buyer.
    • It is disclosed for government, administrative or accountability purposes, including making pricing available to buyers skillpik.com
    • It is authorised or required by law to be disclosed.
  2. Confidential information cannot be disclosed in any other circumstances without prior written consent from the owner of the confidential information.

Trade marks

We are the proprietor of the skillpik.com trademark in Trinidad and Tobago and other Caribbean and CARICOM member states. All other trademarks, product names and company names or logos used in our site are our property or that of their respective owners. No permission is given by us in respect of the use of any such trademarks, get-up, product names, company names, logos or titles and such use may constitute an infringement of the holder’s rights.

Copyright

  1. All rights in the design, text, graphics and other material on skillpik.com and the selection or arrangement thereof are the copyright of us or other third parties. Permission is granted to electronically copy and print in hard copy portions of our site solely in connection with the acquisition of goods or services through our site. Any other use of materials on our site (including reproduction for purposes other than those noted above and alteration, modification, distribution, or republication) without our prior written permission is strictly prohibited.
  2. You hereby grant to us a perpetual, royalty-free, irrevocable licence to copy, issue copies, communicate to the public, make publicly available and include in a cable programme service (either in whole or in part or in a modified or edited form) any material you upload or post to our site (whether to a chat room, bulletin board or otherwise). You acknowledge and agree that such material is not uploaded or posted subject to any obligation of confidence.

Access

We reserve the right in our sole discretion to deny you access to our site or any part of our site without notice to you and to decline to provide our service to you if you are found to be in breach of these terms and conditions of use or have committed a violation which includes (but are not limited to) the following:

  1. Illegal or Fraudulent services;
  2. Copyright Infringement, Trademark Infringement, and violation of a third party's terms of service;
  3. Adult oriented services, Pornographic, Inappropriate/Obscene content;
  4. Spam, nonsense, or violent or deceptive Services;
  5.  Engaging in transactions misleading to Service Providers;
  6. Reselling of regulated goods; and/or
  7. Requesting the preparation of academic works from Service Providers.

User Conduct

You agree to be bound by our User Conduct and Protection Policy. 

Events beyond our control

We shall not be liable to you for any breach of these terms and conditions of use or any failure to provide or delay in providing our services through our site resulting from any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, fire, explosion or accident.

Links to other sites

Certain links, including hypertext links, in our site will take you outside our site. Links are provided for your convenience and inclusion of any link does not imply endorsement or approval by us of the linked site, its operator or its content. We are not responsible for the content of any website outside our site.

Variations

  1. We reserve the right at any time, without notice, to revise the content of our site (including the services offered by us) and these terms and conditions. Any changes to these terms and conditions will be posted on our site and by continuing to use our site following any such change you will signify that you agree to be bound by the revised terms and conditions of use. If we revise the content of our site (including the services offered by us) and these terms and conditions we will post the changes on this page, and place notices on other pages of the website, so that you may be aware of the changes.
  2. You and a Service Provider cannot vary the terms of this agreement, however the terms of an Order will reflect the value, risk and complexity of the services or products or order material being delivered and may be subject to additional terms agreed between you and the Service Provider in the Order. The Order can only be varied by written agreement between you and the Service Provider.

Jurisdiction

These terms and conditions (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to them or their formation) shall be governed by and interpreted in accordance with the laws of Trinidad and Tobago and, for these purposes, the parties irrevocably submit to the exclusive jurisdiction of the Trinidad and Tobago courts.

Unenforceability

The enforceability or otherwise of any provisions of these terms and conditions shall not affect the enforceability of the rest of these terms and conditions.

Definitions

  • “agreement” means this Agreement
  • “Buyer” means an entity, registered as a buyer on skillpik.com
  • “confidential information” means information that is by its nature regarded in law as confidential and which is designated by a party as confidential, agreed in writing by the parties as confidential, known to be (or ought to be known to be) confidential by a party, it does not include information that is public knowledge (other than by breach of this Agreement or any other confidentiality obligation)
  • “consequential loss” means any loss recoverable at law (other than arising in the usual course of things) including a loss of income or revenue, loss of opportunity, loss of profits, loss of anticipated savings or business.
  • “deliverable” or “deliverables” means the provision of the services, product or order material specified in the Order.
  • “effective” or “effected” means that an Order has been accepted by both the Buyer and the Service Provider.
  • “entity” means a person, partnership, organisation, company or business that has a legal and separately identifiable existence and legal rights and obligations.
  • “material” means any software, firmware, documented methodology, process, documentation including (but not limited to) any reports, specifications, user manuals, operation manuals, training manuals, instructions.
  •  “Order” means a contract formed between a Buyer and a Service Provider under this agreement for the provision of services or products or both.
  •  “product” or “products” means any item or items to be delivered of provided to the Buyer by you under an Order by the Buyer and may include (but is not limited to) files, documents, software and digital products.
  • “Service Provider” or “Service Providers” means entities who have subscribed to skillpik.com and offer their products or services on skillpik.com.
  • “service” or “services” means the work to be performed in specific areas of expertise described in the Order.
  • “supply of services” means the undertaking and performance for gain or reward of engagements, whether professional or other, for any matter other than the supply of goods; and includes both the rendering of services to order and the provision of services by making them available to potential users. It does not include the rendering of any services under a contract of employment.
  • “work” means the services, product or order material specified in the Order.
  • “you” or “your” means the Buyer and includes all agents and/or employees and/or officers and/or contractors and/or subcontractors of that Buyer.