Your User Agreement
The following describes the terms on which Briteskills offers you access to our services.:-
Introduction
Welcome to Briteskills. By using Briteskills (including Briteskills.com and its related sites, services and tools), you agree to the following terms with Briteskills Inc. and the general principles for the websites of our subsidiaries and international affiliates. This Agreement is effective on January 1, 2011, for current users, and upon acceptance for new users.
Scope
Before you may become a member of Briteskills, you must read and accept all of the terms in, and linked to, this User Agreement and the Briteskills Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use Briteskills sites or services, or when you use the tools we make available to interact with Briteskills sites and services. If you use another Briteskills site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some Briteskills sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.
Using Briteskills
While using Briteskills sites, services and tools, you will not:
- Post content or lessons in an inappropriate category or areas on our sites and services;
- Violate any laws, third party rights or our policies, such as the Prohibited and Restricted Items policies;
- Use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
- Fail to deliver lessons registsered under you, unless the student fails to meet the posted terms, or you cannot authenticate the student's identity;
- Manipulate the price of any lesson or interfere with other tutors' listings;
- Circumvent or manipulate our fee structure, the billing process, or fees owed to Briteskills;
- Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to Briteskills);
- Transfer your Briteskills account (including feedback) and User ID 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 Briteskills, or the interests or property of Briteskills users;
- Export or re-export any Briteskills tools except in compliance with the export control laws of any relevant jurisdictions;
- Copy, modify or distribute rights or content from the Briteskills sites, service or tools or Briteskills's copyrights and trademarks; or
- Harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing Briteskills
Briteskills and the Community work together to keep our sites and services working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Briteskills's Verified Rights Owner (CVeRO) program works to ensure that listed items do not infringe upon the copyright, trademark or other intellectual property rights of third parties. If you believe that your intellectual property rights have been violated, please notify our CVeRO team through our Verified Rights Owner (VeRO) Program and we will investigate. Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, conducting off- Briteskills transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue Briteskills sites, services or tools.
The Teachers
We may give your personal information to the teachers for classes that you sign up for so that they can coordinate their classes. As part of our Terms of Use, Briteskills Teachers agree not to abuse other users' personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Teachers' Class. In addition, we do not receive any mobile payment information and cannot provide that information to Briteskills Teachers. However, please understand that Briteskills Teachers are not our employees or consultants and that we are not party to any transaction between you and the teacher. As a result, we cannot control their actions and cannot be held liable for any actions that they may take.
Buyer Protection
Students and tutors share the responsibility for making sure purchases facilitated by Briteskills are exciting, rewarding and hassle-free. We strongly encourage students to work with tutors before opening a claim relating to a purchase. Students and tutors agree to follow the requirements of the Briteskills Buyer Protection Policy with respect to claims. Briteskills Buyer Protection covers only claims filed in accordance with the Briteskills Buyer Protection Policy, not claims filed with PayPal. We may suspend the Briteskills Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program. We require Briteskills tutors to comply with our resolution process. Students and tutors permit us to make a final decision, in our sole discretion, on any claim that a buyer files with Briteskills under the Briteskills Buyer Protection Policy. If we resolve a dispute in the students's favor, we will refund the student for the full cost of the lesson (including any applicable sales taxes), and we will require the tutor to reimburse us for the amount due to the student. Without limiting the foregoing, tutors may not have to pay a reimbursement for an Briteskills claim if they provide the documentation (for example, delivery confirmation or proof that the lesson was as described) indicated in the Briteskills Buyer Protection Policy.
Fees and Services
Joining Briteskills and listing and searching for lessons is free. A 10% fee is charged for all completed lessons for every students taught. When you list an lesson or 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 Fees schedule, which we may change from time to time. Changes to that schedule are effective after we provide you with at least fourteen days' notice by posting the changes on the Briteskills site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the sites. Unless otherwise stated, all fees are quoted in Kenyan Shillings. You are responsible for paying all fees and applicable taxes associated with our sites and services in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due.)
Content
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (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. For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including Briteskills users). You may use catalog content solely in connection with your Briteskills listings during the time your listings are on Briteskills sites. While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all Briteskills policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).
Limitation of Liability
You will not hold Briteskills responsible for other users' content, actions or inactions, lessons they list or their destruction of allegedly fake lessons. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, teach just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of lessons advertised, the truth or accuracy of users' content or listings,the ability of tutors to sell lessons, the ability of students to pay for lessons, or that a buyer or seller will actually complete a transaction or return a lesson.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
Access and Interference
The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to Briteskills by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission. Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole 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 sites without the prior express written permission of Briteskills and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.
Listing Conditions
By listing a lesson on Briteskills's sites, you agree to pay Briteskills's fees for such, assume full responsibility for the content of the listing and lessons offered, and accept the following listing conditions: When you list a lesson on Briteskills's sites, your listing will be posted on Briteskills's sites and can be viewed in www.Briteskills.com. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so Briteskills can't guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price, feedback, and detailed tutor ratings. You can read more about where your listings appear in search and browse results in Briteskills's Help Pages.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Briteskills Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Briteskills Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on Briteskills 's national registered agent or to the email address you provide to Briteskills during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Legal Disputes
If a dispute arises between you and Briteskills, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and Briteskills agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Contacting Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
- Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than Kshs108,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. 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.
- Improperly Filed Claims - All claims you bring against Briteskills must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, Briteskills may recover attorneys' fees and costs up to Kshs 80000, provided that Briteskills has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.