Terms of Use for Consumer User
Last updated: June 2, 2023
These Terms of Use (the “Terms”) apply when you use and access our website and the services (the “Services”) provided by us, UpSkill-Hub, (“UpSkill-Hub," "us," “we,” or "our"). These Terms also apply when you create a user account on our website prior to becoming a user of our Services, to the extent these Terms are applicable to such use. In this case, “Services” refer to your use and access to our website and your user account.
By using our Services:
● you agree that you have read, understood, and that you accept these Terms, and agree that you will be legally bound by these Terms; and
● you confirm that you have read and understood our Privacy Notice.
1. GENERAL
The Services allow users to use the Services. The Services are licensed to you for your private use under the conditions set out in these Terms by UpSkill-Hub. All other uses are prohibited.
2. USE OF THE SERVICE AND RESTRICTIONS
a) You may only use the Services if you are an authorized user under these Terms by UpSkill-Hub. Your use must be in accordance with these Terms.
b) You may not let anyone else use the Services in your name.
c) You are required to follow any written instructions from time to time provided by UpSkill-Hub for use of the Services. UpSkill-Hub may change instructions provided in accordance with clause 5.
d) You shall ensure that (i) data that is uploaded to the Services are free of viruses, trojans, worms, or other harmful software or code; (ii) the data are in the agreed format; and (iii) that the data cannot, in any other way, damage or interfere with UpSkill-Hub's system or the Services.
e) You must ensure that log-in information, security methods, and other information provided by UpSkill-Hub for access to the Services are handled confidentially. You shall notify UpSkill-Hub immediately in the event of unauthorized access to information or the Services.
f) You shall notify UpSkill-Hub immediately upon discovery of any infringements or attempted infringements that might affect the Services.
g) You shall follow all applicable laws, guidelines, and recommendations for the Services.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 UpSkill-Hub and/or UpSkill-Hub's licensors hold all rights, including intellectual property rights, to the Services and the software it includes. Unless otherwise is set forth in these Terms, nothing in these Terms or other documentation between UpSkill-Hub and you shall be considered to constitute a transfer of intellectual property rights between the parties.
3.2 Notwithstanding anything to the contrary herein, UpSkill-Hub shall always be free to make use of any general know-how acquired, general principles learned, and general experience gained in connection with providing the Services.
3.3 You agree to fully comply with these Terms as well as all applicable proprietary rights laws and other laws governing industrial and intellectual property, as well as any additional copyright notices or restrictions contained in these Terms. You have no right to claim the ownership of, publish, copy, assign, transfer, license, or otherwise dispose of the intellectual property rights to the source code or call structure of any Services.
4. THIRD-PARTY APPLICATIONS
4.1 The Services may include and be integrated with third-party applications, websites, and services (“Third-Party Applications”) to make available content and/or services to you, and may publish links to internet websites maintained by third parties. The Third-Party Applications may have their own terms and conditions of use and privacy notices and your use of these Third-Party Applications will be governed by and be subject to such terms and conditions and privacy notices.
4.2 You understand and agree that UpSkill-Hub does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Application. Furthermore, the contents of hyperlinks to third-party websites or platforms do not imply that UpSkill-Hub supports, promotes, guarantees, or recommends the linked websites or platforms.
5. CHANGES TO THE TERMS
UpSkill-Hub has the right to change these Terms at any time, upon thirty (30) days prior written notice. By continuing to use the Services after any changes or alterations of these Terms, you fully accept such changes. If you do not agree to the changes, you should no longer use the Services.
6. TERM AND TERMINATION
6.1 UpSkill-Hub may terminate your user account or suspend your access to the Services:
a) in the event of your actual or suspected unauthorized use of the Services or if your use of the Services is not in compliance with the Terms,
b) if you within the Services process information in a way that conflict with applicable legislation or otherwise is found to be illegal, unethical, or immoral,
c) without authorization attempts to destroy, distort, or obtain access to the information within the Services,
d) if you otherwise use the Service in a manner that can cause damage to UpSkill-Hub or a third party, or
e) if you have been inactive for twelve (12) months.
6.2 UpSkill-Hub may also at any time change the Service or stop providing the Service to you.
6.3 In addition, you may at any time terminate your user account.
6.4 If you or UpSkill-Hub terminate the user account, or if UpSkill-Hub suspends your access to the Services under this clause 6, you agree that UpSkill-Hub shall have no liability or responsibility to you to the fullest extent permitted under applicable law to any refund, credit, or other compensation.
7. WARRANTY
The Services are provided “as is” without any expressed or implied warranty. UpSkill-Hub does not guarantee any specific availability or quality.
8. LIABILITY
Except where prohibited by law, UpSkill-Hub, its affiliates, suppliers or distributors shall not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages, or any loss of use, data, business, or profits, business interruption, or loss of business opportunity, arising from your use of the Services.
9. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold UpSkill-Hub and its affiliates, officers, directors, and employees, harmless from and against any third-party claim and/or any losses/damages of any kind arising out of your actual unauthorized use of the Services or non-compliance of these Terms or your violation of any law or the rights of a third party.
10. GOVERNING LAW
These Terms are subject to Spanish law, without application of its conflict of laws principles. Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of Spain.
Last updated: June 2, 2023
These Terms of Use (the “Terms”) apply when you use and access our website and the services (the “Services”) provided by us, UpSkill-Hub, (“UpSkill-Hub," "us," “we,” or "our"). These Terms also apply when you create a user account on our website prior to becoming a user of our Services, to the extent these Terms are applicable to such use. In this case, “Services” refer to your use and access to our website and your user account.
By using our Services:
● you agree that you have read, understood, and that you accept these Terms, and agree that you will be legally bound by these Terms; and
● you confirm that you have read and understood our Privacy Notice.
1. GENERAL
The Services allow users to use the Services. The Services are licensed to you for your private use under the conditions set out in these Terms by UpSkill-Hub. All other uses are prohibited.
2. USE OF THE SERVICE AND RESTRICTIONS
a) You may only use the Services if you are an authorized user under these Terms by UpSkill-Hub. Your use must be in accordance with these Terms.
b) You may not let anyone else use the Services in your name.
c) You are required to follow any written instructions from time to time provided by UpSkill-Hub for use of the Services. UpSkill-Hub may change instructions provided in accordance with clause 5.
d) You shall ensure that (i) data that is uploaded to the Services are free of viruses, trojans, worms, or other harmful software or code; (ii) the data are in the agreed format; and (iii) that the data cannot, in any other way, damage or interfere with UpSkill-Hub's system or the Services.
e) You must ensure that log-in information, security methods, and other information provided by UpSkill-Hub for access to the Services are handled confidentially. You shall notify UpSkill-Hub immediately in the event of unauthorized access to information or the Services.
f) You shall notify UpSkill-Hub immediately upon discovery of any infringements or attempted infringements that might affect the Services.
g) You shall follow all applicable laws, guidelines, and recommendations for the Services.
3. INTELLECTUAL PROPERTY RIGHTS
3.1 UpSkill-Hub and/or UpSkill-Hub's licensors hold all rights, including intellectual property rights, to the Services and the software it includes. Unless otherwise is set forth in these Terms, nothing in these Terms or other documentation between UpSkill-Hub and you shall be considered to constitute a transfer of intellectual property rights between the parties.
3.2 Notwithstanding anything to the contrary herein, UpSkill-Hub shall always be free to make use of any general know-how acquired, general principles learned, and general experience gained in connection with providing the Services.
3.3 You agree to fully comply with these Terms as well as all applicable proprietary rights laws and other laws governing industrial and intellectual property, as well as any additional copyright notices or restrictions contained in these Terms. You have no right to claim the ownership of, publish, copy, assign, transfer, license, or otherwise dispose of the intellectual property rights to the source code or call structure of any Services.
4. THIRD-PARTY APPLICATIONS
4.1 The Services may include and be integrated with third-party applications, websites, and services (“Third-Party Applications”) to make available content and/or services to you, and may publish links to internet websites maintained by third parties. The Third-Party Applications may have their own terms and conditions of use and privacy notices and your use of these Third-Party Applications will be governed by and be subject to such terms and conditions and privacy notices.
4.2 You understand and agree that UpSkill-Hub does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such Third-Party Application. Furthermore, the contents of hyperlinks to third-party websites or platforms do not imply that UpSkill-Hub supports, promotes, guarantees, or recommends the linked websites or platforms.
5. CHANGES TO THE TERMS
UpSkill-Hub has the right to change these Terms at any time, upon thirty (30) days prior written notice. By continuing to use the Services after any changes or alterations of these Terms, you fully accept such changes. If you do not agree to the changes, you should no longer use the Services.
6. TERM AND TERMINATION
6.1 UpSkill-Hub may terminate your user account or suspend your access to the Services:
a) in the event of your actual or suspected unauthorized use of the Services or if your use of the Services is not in compliance with the Terms,
b) if you within the Services process information in a way that conflict with applicable legislation or otherwise is found to be illegal, unethical, or immoral,
c) without authorization attempts to destroy, distort, or obtain access to the information within the Services,
d) if you otherwise use the Service in a manner that can cause damage to UpSkill-Hub or a third party, or
e) if you have been inactive for twelve (12) months.
6.2 UpSkill-Hub may also at any time change the Service or stop providing the Service to you.
6.3 In addition, you may at any time terminate your user account.
6.4 If you or UpSkill-Hub terminate the user account, or if UpSkill-Hub suspends your access to the Services under this clause 6, you agree that UpSkill-Hub shall have no liability or responsibility to you to the fullest extent permitted under applicable law to any refund, credit, or other compensation.
7. WARRANTY
The Services are provided “as is” without any expressed or implied warranty. UpSkill-Hub does not guarantee any specific availability or quality.
8. LIABILITY
Except where prohibited by law, UpSkill-Hub, its affiliates, suppliers or distributors shall not be liable for any indirect, special, incidental, punitive, exemplary, or consequential damages, or any loss of use, data, business, or profits, business interruption, or loss of business opportunity, arising from your use of the Services.
9. INDEMNIFICATION
To the fullest extent permitted by applicable law, you agree to indemnify and hold UpSkill-Hub and its affiliates, officers, directors, and employees, harmless from and against any third-party claim and/or any losses/damages of any kind arising out of your actual unauthorized use of the Services or non-compliance of these Terms or your violation of any law or the rights of a third party.
10. GOVERNING LAW
These Terms are subject to Spanish law, without application of its conflict of laws principles. Any dispute, controversy, or claim arising out of or in connection with this contract, or the breach, termination, or invalidity thereof, shall be subject to the exclusive jurisdiction of the courts of Spain.