Please read these Terms and Conditions of Use carefully before accessing or using our website including purchasing, downloading or accessing any materials or products available on our website.
These Terms and Conditions of Use (“Terms”) shall apply to Upskill Consulting Inc., and Sofia Arisheh, and any and all of their subsidiaries and affiliates (collectively “Upskill”).
For these Terms, you shall include yourself, and any company, organization, person or any other legal entity you are representing.
These Terms govern your use, access, viewing and any business transactions and /or purchases you place or conduct on or via the website www.upskillconsulting.ca (the “Site”) and any related or other services provided by Upskill.
By agreeing to these Terms, you represent that you are at least the age of majority in your province, state or other jurisdiction of residence. You may not use the Site or our services for any illegal or unauthorized purpose nor may you, in the use of the Site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
By accessing, viewing and/or using the Site or any part of the Site and/or making a purchase or engaging in business via the Site (collectively “Use” of the Site or “Using” the Site), you are agreeing to and accept these Terms as a legally binding agreement between you and Upskill, including those additional terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the Site including, without limitation, users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you prefer not to agree to and accept these Terms as a legally binding agreement between you and Upskill, you are under the age of majority or do not have the authority to act as an authorized representative of another individual or entity for whom you are accessing, using or viewing the Site, then please refrain from proceeding on the Site or accessing, purchasing or downloading any materials from the Site.
Review, Amendments and Changes
We reserve the right to review, amend and rescind all or part of these Terms in our sole and absolute discretion at any time and any such amendments, changes or the like shall take effect immediately upon the date of publication.
Any amendments and changes to the Site, including any new features or tools which are added to the Site, are also subject to these Terms.
All transactions which occur via the Site are hosted on or by PayPal. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
Prices for any products or services available on the Site are subject to change without notice.
Upskill reserves the right at any time to modify or discontinue any offering, items, or services (or any part or content thereof) without notice at any time.
Upskill shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of any offerings, services or items.
Limitations of Use
By Using the Site, you warrant on your behalf and that of anyone or anything you are representing, that you will not:
- Change, modify, copy, prepare derivative works of, deconstruct, or reverse engineer any materials, software, function or any aspect of components of, nor any software accessed through, the Site (the “Materials”);
- Use, copy, change or remove any copyright or other proprietary signs, marks or notations on or relating to the Materials;
- Transfer any Materials, or any parts of Materials, from the Site to another person, place or entity, nor duplicate in any way the Materials;
- Use the Site in any way that harms, abuses or disrupts Upskill, its business, networks or services or the Site;
- Use the Site or an aspect of it to transmit, publish or in any way communicate or convey any harassing, indecent, obscene, fraudulent, or unlawful information or material;
- Use the Site in violation of any applicable laws or regulations;
- Use the Site for any unintended way, nor in any way to advertise or spam Upskill or any third party;
- Copy, collect, reproduce, duplicate or gather user data from the Site without any user’s explicit consent; or
- Use the Site in any way that does or may infringe upon the privacy, intellectual property rights, or other rights of third parties.
You shall be, at all times, solely responsible for any breach of the provisions of these Terms by yourself and anyone or entity whom you have authorized to use the Site.
The intellectual property in or related to the Site or the Materials is owned by, provided or licensed to Upskill and is protected by copyright, trade-secret, trademark, or other applicable law. Upskill only grants permission to you and your authorized users to purchase, use and access the Site and Materials for personal or authorized business use only, and for no other purpose or use. You may not, under any circumstances, transfer, sell, distribute or otherwise make available any downloaded content from the Site to any third parties.
This permission constitutes the grant of a license which cannot be sub-licensed by you or your authorized users and is entire revocable at any time in the sole and absolute discretion of Upskill. Further, this license is not a transfer of any right, title, or interest in any intellectual or other property. This license shall automatically terminate if you violate any of the above limitations of use or any other provision of these Terms, and this license otherwise may be terminated by Upskill at any time for any reason.
Data and Information
“Data” shall mean and include any data, including raw data and information, that you provide via, upload or submit to, or share via the Site, as well as the processed result of the same.
You hereby grant Upskill the absolutely, unrestricted, perpetual, irrevocable, non-exclusive, royalty-free, worldwide, sublicensable license to collect, use, access, transmit, host, store, and display any Data for the purpose of providing and improving the Site and Upskill products or services or (or those of its sublicensees), and Upskill may exercise such license for, among others, the purposes of providing, maintaining, repairing, administering, and improving the Site and any Upskill business offerings or potential offers, including the development of new products or services, and shall include the right to compile, extract, compile, analyze, aggregate, synthesize, use and disclose all or any portion of the Data for such purposes.
You represent, warrant, and agree that the Data and other materials you provide or make available to Upskill will include only such information which is relevant to the Site and its Use, and will not include any personally identifiable information or any protected health data.
You acknowledge and agree that you are solely responsible for all Data you upload or submit using the Site and for your conduct while using the Site.
You acknowledge and agree that:
- You will and shall be solely responsible to, evaluate and bear all risks associated with the disclosure and use of any Data;
- You are solely responsible for protecting and backing up any and all Data;
- You are solely responsible for protecting the confidentiality of any Data;
- Under no circumstances will Upskill be liable in any way for any Data or your use of the Site including, but not limited to, any errors or omissions in any Data, Site functionality or feature, nor any loss or damages or any kind incurred as a result of your access to, use, deletion, modification, or correction of any Data or the Site.
- Upskill has no responsibility to store, protect, remove, or delete any Data for you except as may be specifically and explicitly set out in a contract with or under these Terms; and
- Upskill shall have no liability to you whatsoever for the deletion of or failure of the Store nor to store any Data.
Liability and Indemnification
The Site, Materials and services are provided by Upskill on an “as is” basis.
To the extent permitted by law, Upskill makes no assurances, guarantees or warranties of any kind, expressed or implied, and hereby disclaims and excludes all other representations, assurances or warranties including, without limitation, implied representations, warranties or conditions of merchantability, fitness for a particular purpose or use, or non-infringement of intellectual property or any other rights.
In no event shall Upskill or its affiliates, agents or suppliers be liable for any damages including but not limited to Consequential Damages (as defined below) which may or are suffered or incurred by you or any third party arising from your or their use or inability to Use the Site or the Materials, even if Upskill or one of its authorized representative has been notified, orally or in writing, of the possibility of same.
“Consequential Damages” means any indirect or consequential damages, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use, loss or corruption of data or aggravated or punitive damages, howsoever arising whether arising under statute, contract, equity, tort (including negligence), indemnity or otherwise.
Upskill does not warrant or guarantee any results or outcomes from the use of the Site or from any products or services available on or via the Site.
You expressly agree that your use of, or inability to use, the Site is at your sole risk.
In no case shall Upskill, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), equity, strict liability or otherwise, arising from your use of any of the Site or any products or services procured using the Site, or for any other claim related in any way to your use of the services, products or offerings available on or by way of the Site including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the Site.
You agree to indemnify, defend and hold harmless Upskill of and from any claims, complaints, demands, amounts and damages including reasonable legal fees and expenses, made by or arising from any third-party due to or arising out of your breach of these Terms or any terms and conditions or documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Accuracy of Materials
The Materials are not comprehensive or complete, and they are for general information purposes only. Upskill does not warrant or make any representations concerning the accuracy, completeness likely results, or reliability of access to and use of the Materials or the Site, nor any website or features linked or connected to the Site.
Upskill is not responsible if information made available on this site is not accurate, complete or current. The material on this Site are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on or available by way of this Site is at your own risk.
This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.
Third Party Links and Features
Certain content, products, features and services available via our Site may include materials from third-parties and links to third-party websites (collectively “Third Party Items”).
Such Third Party Items are not affiliated with Upskill, and Upskill does not monitor or have any control or input into such Third Party Items.
You acknowledge and agree that we provide access to Third Party Items ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of any Third Party Items.
Any use by you of Third Party Items is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such Third Party Items are provided by the relevant third-party provider(s).
Upskill is not in any way responsible for Third Party Items including, but not limited to, the content of any websites or features linked to or otherwise accessed through the Site, nor for any consequences of the Use by you or any third party of the Site or any linked websites or features. Access to or any linking of Third Party Items to the Site does not constitute and shall not imply endorsement, approval, or control by Upskill of the same.
Upskill is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any Third Party Items.
Use of any such Third Party Items is in your sole and absolute discretion and is at your own risk – we strongly advise you to make careful, cautious and diligent inquiries into any linked website or feature before using or access the same or engaging in any transactions or providing any information to any third-party websites.
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Complaints, claims, concerns, or questions regarding Third Party Items should be directed to the relevant third-parties.
For purchases of documents, digital templates or other materials via this Site, due to the downloadable nature of these products, no refunds are available as there is no possible way to return these. As such, any such purchases are final.
Upskill makes every effort to display products and services as accurately as possible. However, we cannot guarantee that your computer equipment, software and the like will allow you fill or any usage of the products and services provided on the Site.
You are solely responsible to ensure that you have the proper equipment, software or other items necessary to use the products and services available on this Site.
Upskill reserves the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time.
Any offer for any product or service made on this site is void where prohibited.
We do not provide any warrantees, guarantees or assurances as to the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the products and services available on this Site will be corrected.
Upskill retains the copyright in and over all products and services available on this Site.
Accuracy of Billing and Account Information and Returns Policy
Upskill reserves the right to refuse any order placed via this Site.
These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.
In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
Upskill reserves the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made via this Site.
You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Again, due to the downloadable nature of the digital products available on this Site, no refunds are available as returns are not possible.
Site User Information, Feedback and Submissions
If you send or submit information to the Site to provide feedback, comments, suggestions and the like, whether online, by email, by mail, or otherwise (collectively “Commentary”), you are thereby agreeing that Upskill may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Commentary that you provided to us.
Upskill shall be under no obligation to maintain any Commentary in confidence or respond to any Commentary. Furthermore, Upskill will not provide any payment, value or compensation for any Commentary.
Upskill may, but has no obligation whatsoever, to, monitor, edit or remove Commentary that we determine in our sole discretion is unlawful, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms or which may lower the goodwill and/or reputation of Upskill.
You agree that any Commentary will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that any Commentary will not contain unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site or Upskill business, nor any related website.
You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Upskill or third parties as to the origin of any comments.
You are solely responsible for any Commentary you make and its accuracy. Upskill takes no responsibility and assumes no liability whatsoever for any Commentary posted by you or any third-party on or through the Site.
Right to Terminate
Upskill has the absolute and sole right to block, bar, curtail, restrict, suspend or terminate your right to Use the Site immediately upon written notice to you in the event of any breach by you of these Terms.
Any part, provision or term of these Terms which is deemed void, invalid or unenforceable in whole or in part shall be deemed to be severed from these Terms to the extent of the same, and the validity and enforceability of the remainder of such provision and of all other provisions in these Terms shall remain in full force and effect.
Governing Law and Jurisdiction
These Terms are governed by and shall be construed in accordance with the laws of the Province of British Columbia, Canada, and you agree to irrevocably submit to the exclusive jurisdiction of the courts of the Province of British Columbia sitting in Vancouver, British Columbia, Canada regarding these Terms and/or your use of the Site, and any issues related to or arising therefrom.
The failure of Upskill to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this Site or in respect to any of our services or offerings constitutes the entire agreement and understanding between you and Upskill and governs your use of the Site, superseding any prior agreements, communications and proposals, whether oral or written, between you and Upskill (including, but not limited to, any prior versions of the Terms).