These Terms and Conditions regulate the relationship between you and/or your company and Sxill, and cover your use and access to the Platform. By accessing and using the Platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions, as amended from time to time. If you do not agree with these Terms and Conditions, you must stop using or accessing the Platform immediately. If you are using the Platform on behalf of a third party including, but not limited to a business entity, you warrant that you are authorized and have the authority to bind that third party to these Terms and Conditions.
The following terms are used throughout these Terms and Conditions and have specific meanings.
Sxill is a platform for collaboration and communication between the Mentors and the Participants. Sxill provides access to Sxill’s community of the Mentors; easy collaboration through Sxill’s communication tools; and secure payment tools.
2.1 You understand and agree that the Mentors are not the employees or the agents of Sxill and that Sxill acts as an intermediary between the Mentors and you.
2.2 You agree and acknowledge that Sxill does not own, sell, resell, furnish, provide, rent, re-rent, and/or host any Mentor Services and that the Mentors shall solely be responsible for the Mentor Services and that Sxill’s role is solely to facilitate the availability of its Services for the Participants and Mentors
2.3 Sxill does not endorse any Mentor over another to service a Participant. While we try our best to verify Mentor’s information, conduct a due diligence and use commercially reasonable efforts to confirm that Mentors are licensed and maintain the required governmental approvals to provide the Mentor Services, we do not make any warranty, guarantee, or representation as to the licensing, ability, competence, compliance, quality, or qualifications of any Mentor. The Mentor’s information will be shared with the Participants in advance; it is up to the Participants to notify Sxill if they need additional information on a Mentor.
2.4 Although Sxill requires the Mentors to carry business and/or professional liability insurance (as applicable), Sxill does not warrant or guarantee that the Mentors are covered by business and/or professional liability insurance, and Sxill makes no warranty or guarantee with respect to the sufficiency of such business and/or professional liability insurance.
2.5 Although Sxill requires the Mentors to provide accurate information, we do not confirm and shall not be responsible for any Mentor Profile or any Mentor’s purported identity. The Participants agree to independently research and evaluate the Mentors.
3.1 You agree that Sxill may amend this Agreement from time to time, and in Sxill’s sole discretion. Although we will use our best endeavors to notify you of any amendment to this Agreement, we will not be required to provide you with prior notification of such amendments or changes to this Agreement.
3.2 Upon any amendment or change to this Agreement, we will publish the amended Agreement on the dedicated link available at our Platform. Your continued use of the Platform and/or the Service after the publication date of a revised version of this Agreement constitutes your acceptance of its terms.
3.3 You agree and undertake to review our Terms and Conditions each time you visit our Platform and/or prior to your use of any Services. If you do not agree to our Terms and Conditions, as updated from time to time, you undertake to cease using our Platform and/or Services immediately.
4.1 If you would like to use our Services, you must create a personalized Account which includes a unique username and a password to access the Service. Each Participant is responsible for maintaining the security of its Account and for all activities that occur under the Account and any other actions taken in connection with the Account. You undertake to provide accurate and complete information and keep your Account information and your Account updated. You agree to notify Sxill immediately of any unauthorized use of Account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your computer, mobile device, or other computing device and/or Account.
4.2 We reserve the right to suspend or terminate your Account at any time, including if any User Content or information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Services that violates this Agreement.
5.1 Sxill will be circulating guidelines for the Participants as part of the Services. You undertake to sign such guidelines and deliver the signed original version to us upon request. You agree and understand that it is your duty to request for the guidelines if you did not receive it.
5.2 You understand and acknowledge that some of the materials used in the Workshops may cause allergic reactions. You undertake to inform your community builder at Sxill in writing of any allergen you suffer or may suffer from prior to your attendance to a Workshop. If you believe that a Workshop may expose you to an allergen you suffer or may suffer from, kindly book one of the other Workshops that are available on our Platform and which are suitable for you. If you require further information about the Workshops, please feel free to contact us at any time at firstname.lastname@example.org.
5.3 You understand and acknowledge that some Workshops may require you to use machinery and/or hazardous materials which may cause injury. You confirm that you are qualified, in good health, and in proper physical condition to participate in such Workshops. You undertake to comply with the instructions of the Mentor and take all reasonable precautions and measures (such as wearing protective glasses, lab coats and gloves, as applicable, provided by the Mentor to you) while using such machinery and/or hazardous materials.
5.4 You must keep your personal belongings with you at all times and we accept no liability for any damage to, loss of or theft of any of your belongings or other items brought to the Workshop by you.
5.5 You agree that you will not, under any circumstances, transmit any Content that (i) is unlawful or promotes unlawful activity; (ii) defames, harasses, abuses, threatens, or incites violence towards any individual or group; (iii) is political, pornographic, discriminatory, or otherwise victimizes or intimidates an individual or group on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; (iv) is spam, constitutes unauthorized or unsolicited advertising, any other form of unauthorized solicitation; (v) contains or installs any viruses, worms, malware, Trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of Sxill and/or any third party; (vi) infringes on any proprietary right of Sxill and/or any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights; (vii) impersonates any person or entity, including any of our employees or representatives or any Mentor; or (viii) violates the privacy of Sxill and/or any third party.
5.6 By accessing and/or using the Platform and/or the Services, you represent and warrant that: (i) you have the authority to validly enter into and/or be bound by this Agreement; (ii) your use of the Services will be solely for lawful purposes that are permitted by this Agreement; (iii) your use of the Services will comply with all UAE local and federal laws, rules, and regulations, and with all of Sxill’s policies; as amended from time to time.
5.7 Children and/or teenagers under 18 (minors) must be registered for the Workshops by their parents or guardians and they may attend the Workshops as long as they obtain approval from their parents or guardians. However, attendance of parents or guardians to the Workshops is not required. By registering your minor child (under 18 years old) for a Workshop, you understand and accept responsibility for any risk or injury that may occur to your minor child during the Workshop (to the extent provided for under UAE laws and regulations).
5.8 At our discretion, we, or technology we employ, may monitor and/or record your general interactions with the Service. However, any liability, loss or damage that occurs as a result of any User interactions is solely your responsibility, as further described in clauses 13 and 14 of this Agreement
5.9 We have the right to, in our sole discretion, determine whether or not any Participant conduct is appropriate and complies with these Terms and Conditions. We also have the right to terminate or deny access to and use of any Account and the Service to any Participant for any reason, with or without prior notice.
6.1 We are not responsible for any display or misuse of your User Content. Users are solely responsible for the content of, and any harm resulting from, any User Content that they submit, post, upload, link to or otherwise make available on the Platform while using the Service. You acknowledge that any liability, loss or damage that occurs as a result of any such User Content is solely your responsibility. You further undertake and agree to indemnify and hold us (and any third party) harmless from any liability, loss or damage that may occur as a result of any such User Content.
6.2 From time to time, the Participants may submit reviews of the Mentors and/or the Workshops; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future Mentor Service and/or the Workshops. Sxill shall be under no obligation to display such reviews and may remove such reviews at any time at its sole discretion. Sxill will have no responsibility or liability of any kind for any review you encounter on or through the Platform, and any use of or reliance on such reviews is solely at your own risk.
6.3 User Content posted on the Platform, such as Mentor Profile, blog posts or reviews, is provided for informational purposes only, with no assurance that such Content is true, correct, or accurate.
6.4 Users represent and warrant that they have the right to post all User Content they submit. Specifically, Users warrant that they have fully complied with any third-party licenses relating to User Content (if applicable), and have taken all steps necessary to pass through to end users any required terms.
6.5 Users agree and acknowledge that Sxill has the right to, in its sole discretion, view and monitor any User Content, and to determine whether or not any User Content is appropriate and complies with these Terms and Conditions, or refuse or remove any User Content that, in Sxill’s reasonable opinion, violates any Sxill policy or is in any way harmful, inappropriate, or objectionable. Users further agree that Sxill has the right to make formatting, edits and other changes to the User Content or the manner any User Content is displayed on the Platform.
6.6 Except for Content that originates from Sxill and/or a Workshop, we do not claim ownership of any Content that you post, upload or link to. You retain all ownership of, control of, and responsibility for the User Content you post. By posting any Content including without limitation photos, videos, recordings, company logos and reviews via the Platform, you however expressly grant Sxill and our successors a worldwide, sub-licensable, fully-paid and royalty-free, and nonexclusive license to use, reproduce, display, modify, adapt, distribute, and perform the Content in connection with Sxill’s business and marketing purposes.
7.1 The Participants shall pay Sxill the Workshop Fees as specified on the dedicated link available at our Platform (as may be amended from time to time) and/or in the Confirmation Order and are responsible for providing a valid means of payment, including without limitation credit cards and bank transfer. The Workshop Fees must be made in full at the time of completing the registration for the Workshop and in any event prior to the date of the Workshop.
7.2 The Participants agree and acknowledge that the Workshop Fees shall not be non-refundable except as set out in clause 8.1.
7.3 The Participants shall be responsible for taxes (VAT) as applicable, any processing fees and any banking transaction fees (if applicable) associated with the Workshop Fees.
7.5 Sxill will provide you directly or through its merchant service provider, with an electronic payment confirmation immediately after you successfully perform a payment through the Platform. Sxill will also provide you with an invoice to your attention in relation to the Workshop upon receipt of the Workshop Fees.
8.1 In the event that Sxill is required to cancel a Workshop for any reason (such as lack of attendance or illness of the Mentor), Sxill will notify you as early as possible prior to the respective Workshop date and refund you the Workshop Fee within  days upon sending the cancellation notification. For the avoidance of doubt, if at any time, at the discretion of Sxill, attendance to a Workshop is not at a sufficient level to proceed with the Workshop, Sxill reserves the right to cancel that Workshop.
8.2 In the event that we are required to re-schedule a Workshop or change the location of a Workshop for any reason, we will notify you as early as possible prior to the respective Workshop date, in which case however, the Workshop Fee shall not be refunded.
8.3 If you are unable to attend a Workshop for any reason, please notify us by sending an email to email@example.com. In such case, you may provide us with the name of a substitute to attend the Workshop on your behalf. On receipt of this email we may at our discretion make such substitution and allow the substitute access to the Workshop.
9.1 By using the Service, Participants will be able to access the Third-Party Content and a Participant’s use of the Service is consent for Sxill to present the Third-Party Content to that Participant. Participants acknowledge all responsibility for and assume all risk for their use of the Third-Party Content.
9.2 As part of the Service, Sxill may provide you with convenient links to third party platform(s) as well as other forms of Third-Party Content. These links are provided as a courtesy to Service subscribers. We have no control over third party platforms or content or the promotions, materials, information, goods or services available on them. We are not responsible for any Third-Party Content accessed through our Platform. If you decide to leave the Platform and access Third Party Content, you do so at your own risk and you should be aware that our Terms and Conditions and policies no longer govern.
9.3 This Agreement does not authorize you to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content.
10.1 Sxill retains ownership of all intellectual property rights of any kind related to Sxill Content, the Platform and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Platform and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any Sxill or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under this Agreement.
10.2 Specifically, Sxill Lab, sxilllab.com, and all other trademarks that appear, are displayed, or are used on the Platform from time to time or as part of the Service are registered trademarks of Sxill; and may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from Sxill.
10.3 The Participants agree and acknowledge that all Workshop Products shall be the sole and exclusive property of Sxill. Sxill shall have all rights, title and interest, including ownership of all intellectual property rights, in and to the Workshop Product, and the Participants shall have no right to disclose, use, reproduce, or distribute any of the Workshop Product for any purpose whatsoever other than in connection with the purpose of this Agreement. You agree and authorize Sxill to publicly display, use, modify, reproduce and distribute any Workshop Products for the Sxill’s business and marketing purposes. If you do not wish us to use your name, photo, video or audio or any other personal information, please inform us by sending an email to firstname.lastname@example.org
10.4 The Participants agree and acknowledge that Sxill may replicate and reproduce any product and material created by a Participant during a Workshop and sell the same to any third party without any payment or notification to or the consent of the Participant.
10.5 Sxill may however give the Participants credits at its sole discretion when disclosing, using, reproducing, or distributing any Workshop Product, provided that the Participants provided a substantial contribution to or created the Workshop Product.
10.6 If you believe that any material located on or linked to by Sxill violates your copyright, please notify us. We will terminate a User’s access to and use of the Platform if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of Sxill or others without necessary rights and permissions.
11.1 We use email and electronic means to stay in touch with our Participants. You agree and understand that we may send you emails about future Workshops and/or updates on our Services.
11.2 For contractual purposes, Participants (i) consent to receive communications from Sxill in an electronic form via the email address they have submitted or via the Platform; and (ii) agree that all Terms and Conditions, agreements, notices, disclosures, and other communications that Sxill provides to them electronically satisfy any legal requirement that such communications would satisfy if it were in a physical writing or traditional mailing; and (iii) without prejudice to clause no.11.2(i) and no.11.2(ii), the Participants undertake to comply with clause no. 15.5 for any notification purposes.
12.1 If you wish to terminate this Agreement, you may simply discontinue using Sxill. If you wish to delete your Account data, please contact Sxill at email@example.com or via the Platform. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, and we will delete your full profile to the extent possible (if applicable).
12.2 Sxill may terminate your access to all or any part of the Platform at any time, with or without cause, with or without notice, effective immediately.
12.3 All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13.1 Sxill makes no representation or warranty that the information we provide or that is provided through the Service is accurate, reliable or correct; that the Service and a Workshop will meet your requirements; that the Service will be available at any particular time or location, that the Service will function in an uninterrupted manner or be secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your use of information, Content or other material obtained from the Mentor or Service.
13.2 You are solely responsible for all of your communications and interactions with Mentors, as applicable, and with other persons with whom you communicate or interact as a result of your use of the Services. You understand that Sxill is not required to screen or inquire into the background of any Mentors or Mentor Services, nor does Sxill make any attempt to verify the statements of Mentors. Sxill makes no representations or warranties as to the conduct of the Mentor Services. Sxill has no control over and does not guarantee the existence, quality, freshness, safety, or legality of any Mentor Services provided by the Mentors; the truth or accuracy of any Mentor Profile; the ability of Mentors to undertake the Mentor Services; or that the Mentor Service will be available at any particular time, or location. Sxill does not warrant or guarantee that any Mentor Services offered through the Platform will meet a Participant’s requirements. You agree to take reasonable precautions in all communications and interactions with Mentors, and with other persons with whom you communicate or interact as a result of your use of the Services.
14.1 You agree to indemnify and hold harmless Sxill from and against any and all claims, demands, actions, losses, damages, assessments, charges, liabilities, costs and expenses (including without limitation lawyers’ fees, penalties, interests or loss of profits) made a Mentor or any third party and which may at any time be suffered or incurred by, or be assessed against, Sxill, directly or indirectly, as a result of (i) your use of the Platform and the Service or your violation of this Agreement (ii) any injury, accident, health issues, allergies, poisoning, physical or property damage, loss of profit, property or business reputation, or otherwise that may be caused by you as a result of use of any Service, Mentor Services and/or in connection with a Workshop; (iii) errors, mistakes, or inaccuracies of your User Content, and/or information available on or through the Platform, or (iv) your unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted by you to or through the Platform, or (v) any dispute, conflict or disagreement between you and a Mentor or another Participant in connection with any Mentor Services or Workshop.
14.2 If you have a dispute with a Mentor or another Participant, you release Sxill from any and all claims, demands and damages (actual and consequential) or losses of every kind and nature, arising out of such disputes.
14.3 You agree that in no event will Sxill be liable, responsible or otherwise, to you or to third parties for any damages or losses that may arise from (i) the failure, interruption or disruption of any service to maintain your access to the Platform or the Services, regardless of whether the service is provided by Sxill or a third party or (ii) the quality, accuracy, timeliness, speed, reliability, safety, performance of the Mentor, Mentor Services and/or the Platform, completeness or delays, breach, omissions, or interruptions in the delivery of any Services, Mentor Services (including without limitation any breach by the Mentor of any obligation) or (iii) errors, mistakes, or inaccuracies of any Content, Workshop Product and/or Sxill’s Content and/or information available on or through the Platform, or (iv) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or any interruption or cessation of transmission to or from our servers, and/or any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, or (v) any failure or delay in the execution of any transactions through the Platform and/or the Services or, (vi) any dispute, conflict or disagreement between you and a Mentor or another Participants in connection with any Services, Mentor Services or Workshop and/or information (including without limitation cancellation of any Mentor Services,); and (vii) any refund, loss of profits, loss of business reputation (whether incurred directly or indirectly), any injury or accident or physical or property damage or health issues, allergies, poisoning or otherwise that may occur to a Participant as a result of use of any Mentor Services and/or in connection with a Workshop; or (viii) failure to ensure that the Mentor is lawfully licensed in the UAE and maintains the required government approvals to perform the Mentor Services.
15.1 Governing Law: This Agreement between you and Sxill and any access to or use of the Platform and/or the Service are governed by the federal laws of the United Arab Emirates. Any dispute which may arise between a Participant and Sxill pertaining to the implementation or interpretation of this Agreement shall be amicably settled, failing which Courts of Dubai shall be the competent authority to settle the same.
15.2 Severability: If any part of this Agreement is held invalid or unenforceable, that part of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of Sxill to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
15.4 Notices to Participants: Reports, statements, notices and any other communications may be transmitted by Sxill to the Participants via the email address specified by them in their Account. All communications and notices shall be deemed to be duly served to a Participant when electrotonically sent by Sxill to the Participant to the email address specified in the Participant’s Account.
15.5 Notices to Sxill: Reports, statements, notices and any other communications may be transmitted by the Participant to Sxill at firstname.lastname@example.org. All communications and notices shall be deemed to be received or served (as applicable) to Sxill when electrotonically received by Sxill at email@example.com.
15.6 Headings: The headings and captions in this Agreement are for convenience only and in no way define or describe the scope or content of any provision of this Agreement.
15.7 Gender Neutral: Wherever used herein and required by the context, the singular number shall include the plural, the plural shall include the singular number, and the use of either gender shall include both genders and the words “hereof” and “herein” and “hereafter” shall refer to the entire Agreement and not to any provision or section.
You acknowledge that you have read, understood, and accepted to be bound by these Terms and Conditions.
Effective as of Wednesday, May 29