Skillcey.com is an internet-based platform (hereinafter – the Platform) run by ELIVINDATA SRL, (hereinafter – the Skillcey), for the use of so called Massive Open Online Courses.
The Platform aims to connect teachers and students who would like share and gain real useful skills and practical knowledge, which has value at labour market. Skillcey therefore caters to the need of communication between lectors and students and provides to this end the technical Platform. In these Terms, references to “you” or “your” are references to you whether as a Learner, Visitor or Lector.
Skillcey aims to keep a healthy balance between the free flow of information and intellectual property rights, keeping the best interests of its users in mind and expects its users to display the same level of care in dealing with the intellectual property rights of other users and rights holders.
1. Registration and Conclusion of the Agreement
In order to be able to use the Platform, the you are required to register. After registration a contract between you and Skillcey about the use of the Platform is concluded (hereinafter – Contract).
The registration for, and use of, the Platform is free for all users.
Use of the Platform and access to the Online Content and Courses by anyone under the age of 16 is prohibited.
You can register for the Platform either by completing a registration form.
The contracting party for the use of the Platform is ELIVINDATA SRL (Voluntarilor 12/36, Rezina, Moldova)
Further contact details can be found in the website of the Platform.
Following the successful conclusion of the contract you can use the Platform in accordance with the TOS. To do so, the you need to login to the Platform via the login area of the website. The login data consist either of the login data of the user account for Facebook or a comparable internet service, or of the e-mail address the user provided during the registration and the password they chose (“login data”). The User can change the password anytime in their account settings.
Skillcey may refuse a registration without stating reasons for the decision. You are not entitled to conclude a contract.
2. User Account and Login Data
Skillcey provides to you a user account on the Platform’s website after concluding the user. You have access to your data via this user account after entering the login data.
The login data as well as the user account are not transferable and may only be used by the registered user. You must not pass or allow the use of the login data to any third party. The login data has to be kept in safe custody and must not be disclosed to anyone.
As soon as You learn of or suspect an abuse of their login data they are obliged to notify Skillcey thereof immediately. You are liable for all consequences of a third party accessing and using the user account provided that they are responsible for the loss of login data. In particular, you are liable if you enabled the unauthorized use of login data intentionally or carelessly. Yours liability ends only if you inform Skillcey about the unauthorized use or loss of login data and change the password, if possible and necessary.
In these cases, you are not allowed to register again without Skillcey prior written consent.
4. The contents of the agreement
On the Platform, MOOCs are offered for a variety of different areas. These courses are supported by interactive elements. In particular, Skillcey helps to bring together users and gives them an opportunity to participate in MOOCs. Skillcey provides the technical applications but does not participate in any communication with regard to the contents.
The participation in or the completion of, a MOOC does not constitute any legal relationship of any kind between the user and the university or organization providing the course or the respective lecturer. In particular, you do not apply for or enroll in any courses at the university or organization.
Skillcey reserves the right to cancel, change or delay courses at any time.
For certain courses exams can be taken in accordance with the procedure provided online for the respective course. Skillcey reserves the right to change, delay or cancel the examination procedure, in particular with regard to the emphasis of the results.
The exact scope and the details of certain functions of the Platform can be found on the Platform’s website.
Aside its own functions Skillcey also offers third party functionalities in the form of apps or provides links to third party content. In such cases, apps or third-party content are clearly marked as such. Skillcey is not responsible for these offers and cannot exert any influence on them. Any contracts resulting from third party apps are concluded only between you and the third party, governed by the provisions of the respective provider.
Skillcey may provide you with news on the Platform, e.g., new features, as well as on modifications or upgrading of Skillcey’s services, via e-mail to the e-mail address provided during registration, provided that you agreed to the receipt of such a newsletter. If you do not want to receive news about the Platform they can unsubscribe from the service by sending an e-mail to [email protected] at any time. Furthermore, every e-mail contains a link to unsubscribe from the e-mail list.
Skillcey aims to develop the Platform gradually and in close collaboration with you. Therefore, Skillcey reserves the right to expand, supplement and modify the services of the Platform or offer different services. However, this should not lead to any unreasonable restrictions of your current organization on the Platform as the aim is to improve the system and not to reduce the functionality. In the event of extensions, supplements or modifications to the service, all your data will be preserved unless you explicitly consent to the deletion of certain data or deletes them himself.
Skillcey provides the user with the knowledge that may help user with job related opportunities. Skillcey notifies that the company is not responsible for any job/career related issues and matters regarding the user & is not obligated to supply the user with a job after the enrollment in any Skillcey course. Skillcey does not list valid job offerings.
5. Term and Termination
Registration and use of the Platform are free of charge for you.
Yours contract is concluded for an indefinite period.
Both parties may terminate the contract without giving any reasons to the end of each month by giving notice two weeks. The right to terminate for important reasons remains unaffected. The termination notice shall be delivered by e-mail to [email protected]
6. User generated content, copyright and other rights to content
You are and remain the author of their copyright protected work (hereinafter – the Your Content). The same applies after publication of Your Content on the Platform.
You grant Skillcey for the operating of the Platform and for the display of the Your Content the transferable, non-exclusive rights unlimited in respect of time and place to the works published on the Platform. This includes the right without any limit or restrictions to territory, country or time to distribute, reproduce, adapt, make available, broadcast and retransmit and to recite, perform and present in public. In particular, you grant Skillcey the right to make the Your Content available on the Platform in any form, and to undertake any adaptations and reproductions that are required for this purpose (storage on the servers of Skillcey, etc.) and to permit reproductions to other users. This also includes the right to undertake acts of exploitation within the context of additional functionalities applicable at any given time, such as copying, editing and storing of documents published in the context of apps, news feeds (in varying formats if necessary), other subscription services (push services) or retrieval services (pull services) and the use of Your Content in optimized versions of the Platform on mobile devices or of apps. The rights granted are always limited to functions and features of the Platform. You hereby agree to a possible assignment of rights.
Skillcey also reserves the right to open the Platform using an appropriate application programming interface (called API), so that the Platform may be used by or in the context of internet services provided by third parties, which may include granting access to content posted by you. You can determine whether the contents shall be accessible by the public. In that regard, you grant Skillcey the right to permit the exploitation of rights to third parties to the same extent as they were granted to Skillcey’s. This shall not affect Skillcey’s entitlement to continue to use the rights granted to Skillcey.
The rights granted to Skillcey according to the provisions above do not allow it to exploit the You Content independently of the Platform. Any reproduction or use of the contributions and their content in other electronic or printed publications beyond Skillcey’s service without the prior written consent of you is not permitted.
Skillcey will provide discussion forums on the Platform where you can discuss the courses provided, ask questions and provide and discuss proposals as texts, images, links, etc. Content published in discussion forums are publicly accessible.
The Platform thrives on User generated information which are linked in various ways and in some cases build upon one another (especially in discussions and comments of individual courses).
Skillcey reserves the right to delete certain contents without giving any reasons. You are not entitled that certain content remains on the Platform.
All of the Skillcey website pages are not a part of any other websites or brands, unless stated otherwise. Additionally, Skillcey is NOT endorsed by any brands in any way, unless stated otherwise. The trademarks of companies used in the Skillcey website belong only to their respective owners.
Any content provided by Skillcey or a third party may be protected by copyright or other intellectual property (e.g., logos of universities or organizations). You are granted only a non-exclusive, non-transferrable right for the non-commercial use of the content in context of the work for the course on the Platform only. Any further use of legally protected content (e.g., transfer to third parties) is only permitted after prior written consent by the respective rights owner.
7. Subscriptions and payments
Skillcey is responsible for the transactions on the Platform, including refunds, cancellations and chargebacks.
8. Money Back Guarantee
If you are not fully satisfied with the Skillcey services within the first 14 days after the purchase, Skillcey will refund the full amount of your purchase and will discontinue your access. Refunds will not be proceeded for accounts which have violated the terms of service or exceeded the 14 day term. If Skillcey determines that a user is abusing the money back guarantee & refund policy, we reserve the right to suspend or terminate your account and discontinue or restrict all current or future use of the service provided by Skillcey without issuing a refund. To request for a refund, email [email protected]
9. Rules for the use of the Platform and for posting content
By providing the Platform Skillcey provides the technical conditions for an open exchange of experiences and opinions of the users. Only to the extent that it is obligated by law or by authorities, Skillcey will examine specific content, remove it and take appropriate measures, if necessary. Therefore, it is of outmost importance that you respect the rights of third parties and generally commit to a respectful interaction and mutual consideration of each other’s interest. This includes also in the areas for the exchange of views and discussions, tolerance and the openness towards different-minded people and the readiness for constructive conflict resolution when needed. In particular, the user commits to observe the following rules on the Platform.
You shall only make true and non-misleading statements in your profile and your communication with other users. When setting a profile picture, you must ensure that the public display of these photos is permitted and does not contain references to logos, trademarks or other proprietary information on businesses and the display of the photo does not violate any applicable laws or rights of third parties. This applies in particular to personal rights and the right to one’s own image.
You shall ensure that the reproduction and communication to the public of content submitted by them including text, images, graphics, videos, etc. on the Platform is permitted. In particular, you have to ensure that by uploading contents onto the Platform, you do not violate any copyright and ancillary copyright protected positions of third parties (e.g., by uploading plagiarisms of academic papers, pirated movies or software, etc.), no personal rights, rights to one’s own image, no trademark rights held by third parties (brands, company names, titles, etc.).
You are obliged to adhere to any applicable laws when using the content and services of Skillcey . In particular, it is prohibited to upload content of unconstitutional organizations as well as the proliferation of unconstitutional, particularly racist, ideas, the dissemination of pornographic material, to upload content that is libelous, slanderous or otherwise defamatory or violates statutory regulations (e.g., criminal law, youth protection law, privacy law, copyright law or trademark law).
Any improper use of the Platform is prohibited. Without limitation, the following acts in particular constitute improper use: (i) if data on the Platform is altered, deleted, suppressed or rendered unusable without authorization; (ii) by using mechanisms, software or scripts in connection with the use of the Platform which are likely to affect the operation of the Platform; (iii) by any blocking, overwriting, modifying and copying of content, unless it is necessary for the proper use of the Platform’s services (copying by means of robot / crawler search engine technology is for example not necessary for the proper use of the Platform’s services and is therefore prohibited); (iv) by distributional and publicly communicating content on the Platform’s website or content of other Users if the User has no explicit distribution right; (v) by every action that is likely to affect the functionality of the Platform’s infrastructure, especially by crush loading it; (vi) by introducing malicious codes such as viruses, worms, Trojan horses and related scripts or programs; (vii) by simultaneously sending chain letters and the sending of identical private messages to multiple users unknown to the User; (viii) in case of any insinuating or sexual communication (explicit or implicit).
Before setting links, the linked content must be checked for rights violations. Linking to illegal sites, especially with an extremist, inciting or offensive content is prohibited. Skillcey expressly disassociates itself from the linked content and assume no liability for it. Solely the operator of such site is responsible for the content of these websites.
You shall pay attention to behave appropriately towards other users and to not make any defamatory or vexatious statements while exchanging views and opinions in discussion forums.
If you or a third-party gains knowledge of content which is unlawful or inappropriate according to the foregoing provisions, Skillcey requests to report the violation via the contact or e-mail s[email protected] Skillcey will examine the content immediately upon receipt of such notice.
Furthermore, the you are obligated to comply with the following code of honor: (i) You will register for one account only and will not make the login data available to anyone; (ii) All work results which you hand in with regard to works and examinations are the result of your own work without external help (unless collaboration with others is explicitly permitted) and without the aid of materials other than more explicitly permitted for the course; (iii) You will not make available any solutions to works, examinations or other assignments to others. This includes your own solutions as well as those released by the respective lecturer; (iv) You will not engage in any activity that would dishonestly improve your results, or improve or deteriorate the results of others. In particular I will not perform any examinations or provide any other assignments for others.
Skillcey reserves the right to delete content which does not comply with these TOS, to prevent or reverse illegal actions, and to warn or to lock accounts of users who violate these TOS either indefinitely or for a limited period of time to make them adhere to these TOS. Warnings or the locking of accounts will be communicated to you via e-mail. Skillcey also reserves the right to terminate the user contract immediately, if in individual cases the continuation of the user contract is unacceptable.
Users that were banned for violating the TOS may be permitted to use the Platform again, if it is assured that they will refrain from abusive behavior in the future.
The above provisions also apply in the case that Skillcey has reasonable grounds to suspect a systematic undermining of internal security measures (e.g., e-mail abuse, the inclusion of harmful components such as viruses, worms, Trojan horses).
11. Warranty and liability of the user / Indemnification
You assure and warrant that you are entitled to and able to grant Skillcey the rights of use to the uploaded Your Content in the scope as provided for in Sections 6. You also warrant to Skillcey not to post content onto the Platform which violates the provisions of Section 9, not to commit any of the prohibited acts provided in and not to provide any false information.
You are solely responsible for all of their content uploaded to the portal including texts, articles, photographs, etc., and for the existence of any necessary legal entitlements relating to that as well as for their actions on the Platform. Skillcey does not generally check the content and actions of the you unless. You indemnify and keep Skillcey , its personnel harmless from any liabilities or expenses including legal attorney’s fees as well as potential and actual costs of legal proceedings and administrative fines, if claims are being brought on Skillcey , its employees or other personnel because the User culpably violates their obligations under Sections 7 and 8 and infringes rights of third parties or of persons represented by them. The same applies if claims results from otherwise illegal content and in cases where claims are brought by consumer bodies or authorities. Skillcey will inform you about the claim and give you, to the extent possible and reasonable, the opportunity to defend against asserted claims. You are obliged to end the infringing use immediately if requested by Skillcey and to fully disclose to Skillcey all relevant facts concerning the use. All further rights and claims of Skillcey for damages remain unaffected.
If rights of third parties are violated by the yours contents you have to provide Skillcey at Skillcey’s own discretion and at the yours expense with the right of use, if you are the owner, or limit the content so that no third-party rights are being violated.
Only you shall be liable for content uploaded by you. In this respect Skillcey shall not assume any liability.
Skillcey makes every effort to keep the Platform constantly available. You acknowledge that a constant availability of the Platform’s website is technically impossible. In particular, maintenance, security or capacity issues and events not in the sphere or influence of Skillcey (e.g., disruptions in public communication networks, power failures etc.) may result in brief malfunctions or temporary suspension of services on the Platform’s website. Skillcey may change the times of availability of certain parts of the services at any time and after a respective not on the website of the Platform.
If Skillcey is unable to provide the service of the Platform due to operational or technical malfunctions it will undertake all efforts reasonable to publish a respective note about the interruption of the service on the homepage of the Platform’s website as soon as possible. Skillcey shall not be liable such interruptions as well as for damages resulting from loss of data if the damages could have been avoided by a regular and complete backup of all relevant data by the User. Therefore, each and every user should ensure the backup of important documents at regular intervals.
13. Modification of Services of the Platform
Skillcey reserves the right to add, modify or remove any or all of the services of the Platform at any time, in particular with regard to the courses, or change the hours of operation of the Platform.
Skillcey shall have no liability to Users in respect of any losses arising as a result of any changes to the services of the Platform.
14. Contract details
Skillcey focuses primarily on English-speaking users. The communication between you and Skillcey is therefore entirely in English. The TOS and consumer information are also available in English.
Skillcey may amend these TOS at any time.
16. Final Provisions
If any provision of these TOS is or becomes invalid, the validity of the remaining provisions shall not be affected. The parties undertake to replace any invalid provision with a valid provision which is in its economically and legally desired sense and purpose as close to the invalid provision as possible. This also applies to contractual loopholes.
If you are a merchant, a legal entity under public law or a special fund under public law or if you have no permanent residence within Moldova, then the venue for litigation arising out of or in connection with this contract is Chisinau. If you are a merchant, a legal entity under public law or a special fund under public law or the User has no permanent residence within Moldova, then the venue for all rights and obligations resulting from the contractual agreements with the user is Chisinau.
Skillcey prefers amicable dispute resolution process. In case of any misunderstanding or controversy, Skillcey offers to contact directly with Skillcey and resolve such a conflict in a friendly manner.
ELIVINDATA SRL IDNO: 1020606000696, address Voluntarilor str. 12/36, Rezina, Moldova (hereinafter referred to as the Company) commits to ensure the security of visitors personal data and protection of rights when visitors use and navigate the Company’s website www.skillcey.com (hereinafter referred to as the Website).
1. USE AND COLLECTION OF PERSONAL DATA
Personal data provided on or through the Website are managed and controlled by the Company.
1.2 Collected information
Technical information, cookies
Each time Visitor access or visits our Website, our Website automatically collects and manages the following technical personal data:
-Date and time of access;
-the name and URL of the webpage that connects to the Website;
-Visitor’s device operating system data;
-information of the Visitor’s internet provider;
-Visitor’s geo-location data, language settings;
-Other relevant technical information.
The Company also collects and manages the technical data of the Visitors using the cookies. “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.
Without collection and processing of the said information website’s operation may not be ensured.
Information, provided by the Visitor
The Company may also collect and process other personal data of the Visitor, provided on its own initiative by e-mail or another information system available on the Website. Such personal data may include:
-Visitor’s name, surname;
-contact information (telephone, e-mail address, home address);
-content of the request, report, complaint or any other relevant message.
1.3. Use of personal data
The main purpose of the processing of personal data is to enable efficient, optimal and adapted use of the Website for the personal needs of the Visitor. Personal data is used:
-for convenient, efficient and functional use of the Visitors’ needs;
-to ensure smooth administration of the Website;
-to ensure functionality of the Website;
-to ensure timely and appropriate processing of Visitor’s queries, requests, and replies;
-to contact Visitor regarding any information he/she provides;
-to enable the Company to perform statistical and other analysis by continuously improving the content of the Website and the services provided by the Company;
-for other purposes disclosed to the Visitor at the time of submitting personal data.
Use of personal data for direct marketing purposes
The Company also handles and processes your personal data for direct marketing purposes in the following cases:
-when you obtain your explicit consent to such processing (the basis for the processing is consent);
-when you are the Company’s client without expressly objecting to processing your data for direct marketing purposes, marketing of similar services, where the client has been duly notified of such processing beforehand (the basis of the processing is the legitimate interest of the Company).
For the purposes of direct marketing, the Company processes the following personal data: your name, email address, phone number.
Your personal data for direct marketing purposes can be processed in the following ways:
-you may receive a newsletter with our offers, promotions, products and news by e-mail;
-you may receive invitations to events and similar information by e-mail;
We inform you that you are free to opt out of our newsletters at any time. You can do this by clicking on a link for that purpose at the bottom of our e-mail with the newsletters.
You may at any time refuse to receive information about events or any other information from us by sending an email to [email protected]
Use of information for recruitment purposes and career opportunities
We inform you that we will process your personal data for the purposes of the recruitment based on your consent, expressed by submitting this data, and we will store such submitted information until the end of a specific job offer or recruitment, unless you specifically agree with the longer storage periods.
Please note that in order to evaluate your candidacy, we may contact the former employers about your qualifications, professional skills and business characteristics. We can ask you for such information from your current employer only with your own consent.
1.4. Storage of the personal data
Personal data collected through the Website will be stored for no longer than 3 years.
Your personal data processed for the purposes of direct marketing will be stored for 2 years from the date of the consent (if you have received a separate consent) or the date of completion or expiration of the relevant contract.
Longer periods of personal data retention may be applied where:
-there is a reasonable suspicion of an unlawful act which subject to investigation;
-Visitor’s data is necessary for the proper resolution of the dispute, complaint or claim;
-the Company has received complaints related to the Visitor or if the Company has noticed any violations committed by the Visitor;
-it is necessary for back-up copies or related purposes of functioning of information systems of the Company;
-it is mandatorily required by applicable laws.
Your personal data will be destroyed within a reasonable time after the specified deadline
1.5. The legal basis for the processing of personal data
The Company controls and processes Visitor’s personal data:
-on the basis of consent, which is expressed by Visitor’s active actions, e.g. referrals to the Company and submission of personal data, other active actions;
-exercise of the Company’s legitimate interests (for example, managing and administering a Website, etc.);
-in order to comply with other legal obligations.
Visitors may revoke their consent to process their personal data at any time. If the Company has no other legal basis for the processing of personal data, the Company will cease processing of personal data immediately after the cancellation / revocation of the consent provided by the Visitor.
1.6. Data transmission to third parties
We share your Personal Information with third parties to help us use your Personal Information, as described above. For example, we use Google Analytics to help us understand how our customers use the Website – you can read more about how Google uses your Personal Information here. You can also opt-out of Google Analytics here. Finally, we may also share your Personal Information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
2. THE RIGHTS OF THE VISITORS
Visitors have certain rights related to the protection of their personal data. These rights are:
-the right of access to the personal data;
-the right to rectification;
-the right to erasure (right to be forgotten);
-the right to restriction of processing;
-the right to data portability;
-the right to object;
-the right to delete scholarship application;
If you are a European resident, you have the right to access personal information we hold about you and to ask that your personal information be corrected, updated, or deleted. If you would like to exercise this right, please contact us through the contact information below.
Additionally, if you are a European resident we note that we are processing your information in order to fulfill contracts we might have with you (for example if you make an order through the Website), or otherwise to pursue our legitimate business interests listed above.
3. DATA SECURITY
By implementing appropriate technical and organizational measures, the Company protects Visitor’s personal data from loss, misuse, unauthorized access, disclosure or alteration.
The Company recommends that the Visitors comply with the following minimum safeguards for their personal data protection:
-do not visit suspicious websites;
-update their software and anti-virus protection as recommended by software providers and vendors.
4. FINAL PROVISIONS
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email protected]
“ELIVINDATA” S.R.L IDNO: 1020606000696 Republic of Moldova, Rezina. Voluntarilor 12/36 +373 60 573 022