Terms of service

Terms and Conditions

Welcome to Skillpod! These terms and conditions outline the agreement between Smartwork Creative Limited, trading as Skillpod, and you, the user, regarding the use of our e-learning courses. By accessing or purchasing our products, you agree to be bound by these terms. Please read them carefully before submitting your order.. 

Agreement Overview

These terms govern the supply and usage of our e-learning courses. They detail how we will provide our products to you, the terms of the license granted to you, payment and pricing details, access to materials, intellectual property rights, limitations of liability, privacy practices, and other important information. All rights not expressly granted in these terms are reserved.

Review and Amendments

You agree to review this agreement periodically to stay informed about any amendments or updates, which may be made at any time. Your continued use of our products following any modifications constitutes acceptance of those changes.

Trading and Contact Details

We are Smartwork Creative Limited trading as Skillpod, a company registered in New Zealand with registration number 5680847, NZBN number 9429041708293, and registered office at Garden City Business & Tax Limited, 538 Wairakei Road, Burnside, Christchurch, 8053. Our contact details are as follows:

Address: 13 Zita Ave, Matakatia, Whangaparaoa, 0930, New Zealand

Phone: +64 (09) 373 4782

Email: studio@smartworkcreative.co.nz

Grant of License

Upon payment, we grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use the purchased e-learning courses ("the Products"). This license is personal to your organisation and cannot be shared, exchanged, or onsold to others. You shall not copy, modify, transmit, distribute, or exploit the Products or any copyrighted materials provided, except for individual training purposes.

Access to Materials

Once you gain access to the products, that's considered your starting date. We'll try to let you know if your access period ends, but we can't guarantee certification or completion if it does. It's your responsibility to finish the content within the given time. If you think you'll need more time, extensions are available for purchase.

Our goal is to provide top-quality courses and materials. So, we might make improvements or changes without prior notice to ensure they're accurate and up to date.

If your access is restricted due to reasons beyond our control, we may offer you a free extension at our discretion.

Pricing and Payment

You agree to pay for the Products in the stipulated currency, including any relevant conversion charges and sales tax. Payment must be received in full before access is provided. Please note that we must receive your payment in full before providing you with access to the products. Your payment includes the licensing of the products for a limited period of time. We are unable to provide a refund if you fail to complete the content within the allocated time, except at our absolute and sole discretion.

We reserve our right to review and change the pricing of any of our products. This will not affect products that have already been purchased.

Course Customisation

Customisation costs are based on reasonable assumptions of required time. Any discrepancies between assumed and actual costs will be communicated in a written quotation valid for thirty (30) days.

Cancellation and Return Policy

Courses purchased cannot be cancelled and may not be transferred to other individuals. We may restrict your access to the Products if you breach these terms, including without limitation:

a) A failure to make any payment due to us; or

b) Failure to provide accurate information that is necessary for us to provide the products to you.

In these circumstances, we will inform you in writing with seven (7) days’ notice that your access to the products will be restricted.

It is your responsibility to ensure that you meet the system requirements, including compatible hardware, software, telecommunications equipment, and Internet service, prior to purchasing any content. We are unable to provide refunds where your access to the Products is inhibited due to insufficient system requirements.

Intellectual Property

All intellectual property rights relating to the Products are exclusively owned by Smartwork Creative. Unauthorised copying, reproduction, modification, distribution, or commercial use is prohibited.

All other trademarks, service marks, and trade names in this material are the marks of the respective owners, and any unauthorised use is prohibited unless witten permission is granted.

Limitations of Liability

We, alongside our partners, develop, distribute, and maintain the Products. We will manage your access and provide necessary support. However, we provide these services "as is" and "as available" to the fullest extent permitted by law.

Skillpod, Smartwork Creative, and its partners, along with their officers, directors, employees, contractors, agents, vendors, suppliers, licensors, successors, and assigns, do not make any warranties, whether express, implied, or statutory, regarding the site, software, or services.

You acknowledge that (a) you assume all risks associated with accessing or using the site, software, or services; (b) any content or materials obtained through them are at your sole discretion and risk; (c) you are solely responsible for any damage to your devices or data resulting from such use; and (d) issues such as limitations and delays inherent in internet and electronic communications may affect the site, software, or services, for which we are not liable.

Privacy

We value your privacy. Smartwork Creative Ltd, trading as Skillpod, respects your privacy and assures you that your personal information will not be shared or sold to any outside organisation for marketing purposes without your consent.

We collect personal information from you, including your name, contact details, and billing or purchase information. This information is collected to complete billing, customise your modules, provide hosting services if necessary, and report to our partner organisations.

You have the right to request a copy of the personal information we hold about you and to request corrections if needed. If you wish to do so, please contact us at studio@smartworkcreative.co.nz.

General Information

If any part of these terms and conditions is found to be invalid or unenforceable, it won't affect the rest of the agreement. These terms are governed by New Zealand law, and any disputes fall under the jurisdiction of New Zealand courts.

If Skillpod breaches the contract, the Client's remedies are limited to damages not exceeding the Price of the Goods. The Client cannot withhold payment for any reason.

Skillpod may update these terms at any time. Neither party is responsible for events beyond their control, such as natural disasters or strikes.

Skillpod's failure to enforce any part of these terms doesn't mean it waives the right to enforce it later.