SkillsPass End User License Agreement

  1. Introduction

      1. You agree that by registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with SkillsPass (even if you are using our Services on behalf of a company). If you do not agree to this end user license agreement (Agreement or User Agreement), do not access or otherwise use any of our Services.
      2. SkillsPass is an online platform that enables training organizations (Trainers), employers/sponsors (Sponsors) and learners (Learners) to maintain records of training certification in a manner that maintains the integrity of such certifications. Sponsors often send Learners to training courses with Trainers, which result in earned certifications. These certifications are then available to the Sponsor, the Learner and, in some cases, prospective employers. Because a Learner may earn a number of certifications over their career from multiple Trainers, funded by multiple Sponsors, we have identified a need to create a central repository of certifications so that they are available to the Learner, the Sponsor and prospective employers.
      3. Your use of our Services is also subject to our [Privacy Policy].

    Services

      1. This Agreement applies to all SkillsPass-related sites, apps, communications and other services offered by us under the SkillsPass brand.

    SkillsPass

      1. You are entering into this Agreement with SkillsPass, a division of Bluedrop Performance Learning (also referred to as we and us).
      2. We may modify this Agreement or our Privacy Policy from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. If you object to any changes, you may close your account. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

    Your role

    1. Some of the terms of this User Agreement apply differently depending on whether the particular user is a Learner, a Sponsor or a Trainer. Where they apply differently, we will be specific. Where it is general, and applies to all users of the Service, we will use the term Useror you.
  2. Obligations

    1. The Services are not for use by anyone under the age of 16.
    2. You agree to: (1) use a strong and secure password; (2) keep your password secure and confidential; and (3) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account.
    3. You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
    4. We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
  3. Obligations

    1. As between you and SkillsPass, you own the content and information that you submit or post to the Services and you are only granting SkillsPass and our affiliates the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
      1. Once a Trainer has associated a particular certificate or credential with a particular Learner, it can only be deleted or modified by the Trainer or by us. It will not be automatically deleted or removed if the Trainer deletes its account.
      2. While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
    2. You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).
    3. By submitting suggestions or other feedback regarding our Services to SkillsPass, you agree that SkillsPass can use and share (but does not have to) such feedback for any purpose without compensation to you.
    4. You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights).
    5. We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
    6. By using the Service and entering certifications associated with particular Learners, each Trainer represents and warrants that the information provided is true and correct in all material ways.
    7. SkillsPass does not review content provided by Trainers and Trainers are solely responsible for the accuracy of the certifications associated with their accounts and with particular Learners. SkillsPass does not accept any responsibility for the accuracy or timeliness of any content or certifications provided by Trainers.
    8. If a Learner or a Sponsor disputes any certification provided by a Trainer, the Learner or Sponsor should contact the Trainer to resolve the dispute.
    9. SkillsPass reserves the right to limit your use of the Services. SkillsPass reserves the right to restrict, suspend, or terminate your account if SkillsPass believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don’ts).
    10. SkillsPass reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are be the trademarks of their respective owners.
  4. Disclaimer and Limit of Liability

    1. To the extent allowed under law, SkillsPass and its affiliates (and those that SkillsPass works with to provide the services) (a) disclaim all implied warranties and representations (e.g. Warranties of merchantability, fitness for a particular purpose, accuracy of data, and non-infringement); (b) do not guarantee that the services will function without interruption or errors, and (c) provide the service (including content and information) on an "as is" and "as available" basis.
    2. Some laws do not allow certain disclaimers, so some or all of these disclaimers may not apply to you.
    3. To the extent permitted under law (and unless SkillsPass has entered into a separate written agreement that overrides this contract), SkillsPass and its affiliates (and those that SkillsPass works with to provide the services) shall not be liable to you or others for any indirect, incidental, special, consequential or punitive damages, or any loss of data, opportunities, reputation, profits or revenues, related to the services (e.g. Offensive or defamatory statements, down time or loss, use of, or changes to, your information or content).
    4. In no event shall the liability of SkillsPass and its affiliates (and those that SkillsPass works with to provide the services) exceed, in the aggregate for all claims, an amount that is the lesser of (a) five times the most recent monthly or yearly fee that you paid for a premium service, if any, or (b) $100.
    5. This limitation of liability is part of the basis of the bargain between you and SkillsPass and shall apply to all claims of liability (e.g. Warranty, tort, negligence, contract, law) and even if SkillsPass or its affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.
    6. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you.
  5. Indemnity

    1. You agree that you will fully indemnify and hold SkillsPass, its affiliates, officers, directors, agents and contractors entirely harmless against any claims, costs, damages (including legal fees on a full indemnity basis) brought by any third party related to (a) your use of the Services, (b) your violation of any portion of this Agreement and (c) any alleged violation of privacy or intellectual property rights of others.
  6. Termination

    1. Both you and SkillsPass may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services.
  7. Dispute Resolution

    1. You agree that the laws of the Province of Nova Scotia, Canada, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or provincial courts in Halifax Regional Municipality, Nova Scotia, Canada, and we each agree to personal jurisdiction in those courts.
  8. General Terms

    1. If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English language version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
    2. If we don't act to enforce a breach of this Agreement, that does not mean that SkillsPass has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or use of Services) to anyone without our consent. However, you agree that SkillsPass may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
    3. We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
    4. You agree that the only way to provide us legal notice is at the addresses provided in Section 11.
  9. General Terms

    1. You agree that you will:
      1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
      2. Provide accurate information to us and keep it updated;
      3. Use the Services in a professional manner.
    2. You agree that you will not:
      1. Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;
      2. Post inaccurate, defamatory obscene, shocking, hateful, threatening or otherwise inappropriate content or airing personal grievances or disputes;
      3. Create a false identity on SkillsPass;
      4. Create a profile for anyone other than a real person;
      5. Use or attempt to use another's account;
      6. Harass, abuse or harm another person;
      7. Send or post any unsolicited or unauthorized advertising, junk mail, spam, chain letters, pyramid schemes, or any form of solicitation unauthorized by SkillsPass;
      8. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;
      9. Bypass or circumvent any access controls or Service use limits (such as caps on keyword searches);
      10. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of SkillsPass;
      11. Solicit email addresses or other personal information from Users you don’t know, without authorization.
      12. Use, disclose or distribute any data obtained in violation of this policy;
      13. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
      14. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
      15. Violate the intellectual property or other rights of SkillsPass, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word SkillsPass or our logos in any business name, email, or URL;
      16. Post anything that contains software viruses, worms, or any other harmful code;
      17. Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Services.
      18. Create profiles or provide content that promotes escort services or prostitution.
      19. Create or operate a pyramid scheme, fraud or other similar practice;
      20. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
      21. Imply or state that you are affiliated with or endorsed by SkillsPass without our express consent;
      22. Rent, lease, loan, trade, sell/re-sell access to the Services or related data;
      23. Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;
      24. Engage in framing, mirroring, or otherwise simulating the appearance or function of the Services;
      25. Overlaying or otherwise modifying the Services or their appearance;
      26. Access the Services except through the interfaces expressly provided by SkillsPass;
      27. Use a Service for tasks that it is not intended for;
      28. Override any security feature of the Services; and/or
      29. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms).
  10. Complaints Regarding Content

    1. We respect the intellectual property rights of others. We require that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. If you have any concerns about this, please contact us using the links below.
  11. How To Contact Us

    1. If you want to send us notices or service of process, please contact us: support@myskillspass.com