Subscription agreement and cancellation policy
This Subscription Agreement (the “Agreement”) constitutes a legal agreement between you or the entity or company that you represent (“Customer”, “you”, or your”) and Uberskillz (Pty) Ltd (“Uberskillz”, “we”, “us”, or “our”), which governs your use of the services provided on the websitewww.skillztrader.com and the SkillzTrader and SkillzFinder mobile Apps.
Table of Contents
“Agreement” has the meaning set forth above.
“Billing Period” means the period for which you agree to prepay fees when registering for the services, which will be the same as or shorter than the Subscription Term. For example, if you subscribe to the Subscription Service for a one (1) year Initial Subscription Term, with twelve (12) monthly upfront payment, the Billing Period will be for twelve (12) months.
“Consulting & Research Services” means the professional services provided to you by us.
“Customer Data” means all data relating to you or your company that interacts with Uberskillz’s systems.
“Initial Subscription Term” means the initial period of Subscription Services.
“skillztradesr.com” means the website displaying the details of the offering.
“Plan” means the subscription plan you subscribe to.
“Renewal Subscription Term” means the renewal period of Subscription Services which will be the same period as the Initial Subscription Term.
“Services” means the Subscription Service.
“Subscription Fee” means the amount you are required to pay for the Subscription Service.
“Subscription Service” means any services and downloadable data you subscribed to by completing the registration process and any other products we make available to you via skullztrader.com or another URL we provide.
"Subscription Term" means the Initial Subscription Term and all Renewal Subscription Terms which shall be twelve (12) months. All renewals are automatic.
“Uberskillz” is the owner of the skillztrader.com website.
“Unique User” means the number of users that, based on the unique identifier, are deemed unique within your Uberskillz account. For example, if you a have a Standard Subscription it will be one user.
“Users” means persons, employees, and/or consultants who are authorized to use the Subscription Service and have unique usernames and passwords for the Subscription Service.
Subject to all terms of this Agreement, Uberskillz shall provide you the right to access and use the Subscription Services during the Subscription Term solely in the manner enabled by Uberskillz and in accordance with all applicable documentation. Except for as expressly set forth herein, you are solely responsible for purchasing and configuring all hardware, software and services that may be necessary or desirable for your use of the Subscription Services. You agree to use the Subscription Services in compliance with all applicable laws, rules and regulations, and you agree that you are solely responsible for its compliance with all such applicable laws, rules, and regulations.
Standard Package (ZAR 1500 pa or ZAR 150 per month for 12 months):
Each User may have any number of accounts or profiles. You are responsible for maintaining the confidentiality of your account and password and for restricting access to it and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Uberskillz is not responsible for third party access to your account, including, without limitation, third party access that results from theft or misappropriation of your account. Uberskillz reserves the right to refuse or cancel a service or terminate accounts, in its sole discretion.
2.3 Prohibited Use.
You acknowledge that use of the Subscription Services is provided hereunder solely for your benefit and you agree not to use the Subscription Services for the benefit of any other third parties. You agree, not to attempt to, nor allow any third party to: (i) use the Subscription Services in any manner that could damage, disable, overburden, or impair our servers or networks or interfere with any other party’s use and enjoyment of the Subscription Service; (ii) attempt to gain unauthorized access to any services, user accounts, computer systems, or networks through hacking, password mining, or any other means; (iii) copy, distribute, rent, lease, lend, sublicense or transfer the Subscription Services, make the Subscription Services available to any third party or use the Subscription Services on a service bureau or time sharing basis, (iv) decompile, reverse engineer, or disassemble the Subscription Services or otherwise attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats or programming interfaces of the Subscription Services, (v) create derivative works based on the Subscription Services; (vi) modify, remove, or obscure any copyright, trademark, patent or other notices or legends that appear on the Subscription Services or during the use and operation thereof; (vii) use the Subscription Services to develop a competitive product offering; or (viii) use the Subscription Services in a manner which violates or infringes any laws, rules, regulations, third party intellectual property rights, or third party privacy rights. You may not use any automated means, including agents, robots, scripts, or spiders, to access or manage the Subscription Services, except solely to the extent as may be specifically enabled and authorized by Ubersklillz in writing. We may take any legal and technical measures to prevent the violation of this provision and to enforce this Agreement.
2.4 Plan Modifications.
Ubertskillz reserves the right to modify, change, or discontinue any of the Services or Plans at any time that are listed on polishedprices.com. If we make modifications to any of the Plans that remove or materially alter features that were previously available under your Plan, we will notify you by email of these changes and these modifications will not apply to you until the start of your next Renewal Subscription Term. On renewal, the current product usage limits on our Pricing Page will apply to your subscription.
There are no limits to the amount of accounts or profiles you can register on SkillzTrader.
2.6 Third Party Services.
The Services may include features or functionality that interoperate with online services operated by third parties, if any. (“Third-Party Services”), pursuant to agreements between Uberskillz and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which U2 does not control. Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended or terminated at any time. U2 shall have no liability with respect to any such modification, suspension or termination. You are responsible for ensuring that your use of the Services in connection with any Third-Party Service complies with all agreements, policies, terms and rules applicable to such Third-Party Service.
3. Subscription Fees and Payments
3.1 Subscription Fees.
The Subscription Fees will remain fixed during the Subscription Term. Uberskillz will not provide refunds of prepaid amounts.
3.3 Payment by credit card.
Payment processing for all fees payable during the Subscription Term is provided by such third-party payment processor as Uberskillz may utilize from time to time (“Payment Processor”), and in order to proceed with payment for such fees you will be required to agree to certain Payment Processor terms and conditions. Uberskillz does not collect or store your credit card information. By providing a credit card or other payment method accepted by Uberskillz, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge your payment method for the total amount due to Uberskillz. If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your access to the Subscription Services may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounters,in order to maintain access to the Subscription Services.
3.4 Payment Information.
You will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made to your billing information within the Subscription Service. Subscription fees are taken at the beginning of a Billing Period and are non-refundable
For residents of SADEC countries, companies incorporated in South Africa that subscribe to the Uberskillz services, SA VAT at the prevailing rate is included within the subscription fee. For subscriptions sold to residents based in the EU or companies incorporated in the EU, Uberskillz will not charge VAT but depending on your tax status, you may need to account for VAT in your home country at the prevailing rate. For sales to subscribers based outside of the EU, payments will not be subject to any sales tax.
If a Subscriber requires an invoice for their own records, they should tick the “Request Invoice” box at the time of subscribing and an invoice will be forwarded to their email account within 5 working days following completion of the subscription. If you have opted to receive an invoice when subscribing, then on renewal a new invoice will be sent to you.
4. Term and Termination
The Agreement shall commence on the date that this Agreement is accepted by your completion of the registration process, including the payment for the Services. The subscription term of 12 months will commence from the date of registration and payment will be taken upfront per month for 12 months. Should you select the Annual Subscription option, payment will be taken upfront for the 2 month period, starting om the day of payment for the Services.
4.2 Right to Cancel
Users who have signed up are entitled to make use of all provided services during the Term of the Agreement. Users are entitled to cancel their account at any time by giving 30 days notice. Users who have paid for a full Subscription Service are given access to all features and downloadable content upon completion of payment and commencement of their account. By accepting this agreement, Users are giving their express consent for this to happen and forgo any right to a refund of the Subscription Fee. Users may cancel their account at any time during the Billing Period, Uberskillz will cease providing services and will delete the Users account if requested to do so. Cancellation requests can be made via the “contact us” form on the websites; polishedprices.com and roughprices.com, or via email: email@example.com.
4.3 Auto-Renewal & Termination.
You will receive a reminder email 30 days prior to your renewal date, if you choose not to renew your subscription then send an e-mail to firstname.lastname@example.org using the words “Opt Out” from your user email account and your subscription will lapse on the renewal date.
Your right to use the Services automatically terminates if you violate the Agreement or any rules or guidelines posted in connection with this Agreement. We also reserve the right, at our sole discretion, to terminate your access to all or part of the Services, for any reason, with or without notice.
4.4 Suspension for Non-Payment.
We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services thirty (30) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.
5. Customer Support
Support requests can be made via the “contact us” form on the website skillztrader.com or via email: email@example.com.
We try to make the Subscription Service available 24 hours a day, 7 days a week, except for planned down-time for maintenance. However, you acknowledge and agree that the Subscription Service may be unavailable (in whole or in part) from time to time due to: (i) equipment, software or service malfunctions; (ii) maintenance, update or upgrade procedures or repairs; or (iii) causes beyond the control of Uberskillz, including, without limitation, interruption or failure of telecommunication or digital transmission links, malicious attacks, the unavailability, operation, or inaccessibility of websites or interfaces, network congestion or other failures, and that, without limitation, Uberskillz shall not be liable for any unavailability caused by any of the foregoing.
6. Proprietary Rights
6.1 Reservation of Rights.
Subject to the limited rights expressly granted hereunder, Uberskillz reserves all of our right, title and interest in and to the Services, including all of our related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
6.2 Personal Data and Confidential Information.
6.3 Statistical Information.
We monitor your use of the Subscription Services and compile your Customer Data,which you provide during the registration process,with other data in an aggregate and anonymous manner to derive statistical and performance information related to the provision and operation of the Subscription Services. You agree that in the nature of the Services being offered that such information will include data that would enable the identification of you or the services that you provide. Uberskillz retains all rights, title and interest in and to such statistical and performance information and all data collected by Uberskillz relating to the operation of the Services and your use thereof.
6.4 No Implied Licence.
Except for the limited rights and licences expressly granted to you hereunder, no other licence is granted to you, no other use is permitted and Uberskillz (and its licensors) shall retain all right, title and interest in and to the Services (including all intellectual property and proprietary rights embodied therein). You shall not take any action inconsistent with such rights.
7. Limitation of Liability
Neither Ubrskillz, nor its affiliates, suppliers, advertisers, agents or sponsors are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Services. Your sole remedy for dissatisfaction is to cease usage of the Services.
Uberskillz expressly disclaims all warranties of merchantability or fitness for a particular purpose or use with respect to the Services provided. Without limiting any of the foregoing, in no event shall Uberskillz have liability for any special, punitive, indirect or consequential damages, lost profits, loss of opportunity or other financial loss, even if notified of the possibility thereof. None of Uberskillz, its affiliates or any of their respective directors, officers, employees, representatives, delegates or agents shall have any responsibility to any person (whether as a result of negligence or otherwise) for (i) any delays, omissions or interruptions in the delivery of any information relating to the index, (ii) any determination made or anything done (or omitted to be determined or done), amendment, modification, adjustment or termination in respect of the indices, (iii) any delays, omissions or interruptions in the delivery of price feed data or any other Services. Uberskillz reserves the right to correct, or determine not to correct, previously incorrectly published index and shall have no liability to any person in respect of any determination made under its error procedures.
You will keep Uberskillz fully and effectually indemnified against all actions, claims, proceedings, costs and damages (including any sums paid by you to compromise or settle any claim) together with all legal costs or expenses arising out of any claim by a third party based on your use of the data provided by the Services
10. General Terms
10.1 Governing Law.
This agreement shall, for subscribers in SADEC Countries, be governed by South African law and the parties submit to the non-exclusive jurisdiction of the South African courts.
10.2 Force Majeure.
Uberskillz will not be responsible for failure or delay of performance if caused by an act of nature, war, hostility or sabotage; an electrical, internet, or telecommunication outage that is not caused by Uberskillz; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of Uberskillz. Uberskillz will use reasonable efforts to mitigate the effect of a force majeure event. If such event continues for more than 30 days, either party may cancel unperformed Services upon written notice.
You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law, without our prior written consent, which will not be unreasonably withheld. We may assign this Agreement without restriction.
10.4 Entire Agreement.
10.5 International Use.
Uberskillz makes its Services available in selected countries, but no representation that any content of the Services is appropriate or available for use in locations outside of South Africa. Accessing the Services from territories where the content is illegal is expressly prohibited. If you choose to access the Services from a location outside of South Africa, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transition of technical data exported from or imported to the country in which you reside. Notwithstanding the foregoing, Uberskillz makes no representation that materials on or in the Services are appropriate or available for use in locations outside South Africa and accessing them from territories where their contents are illegal is expressly prohibited.
Last updated: 13July 2021
Uberskillz, Skillztrader.com and the SkillzTrader and SkillzFinder mobile apps are registered trading names of Uberskillz, which is incorporated in Mauritius and South Africa.
Brooklyn Office Park, 488 Fehrsen Street, Brooklyn, Pretoria, South Africa.
Uberskillz (Pty) Ltd registration number 2018/327759/07
Terms & Conditions