Welcome to skillsacademi an online platform connecting Clients looking to engage temporary staff with professional individuals seeking temporary job opportunities.
These terms and conditions (Terms of Platform Use) below apply to the platform services provided by skillsacademi and of the services offered which are accessible via a web application (https://www.skillsacademi.com) and skillsacademi mobile applications.
These services (website and mobile application) are hereinafter together referred to as the Service. The Service is operated by skillsacademi Limited of 269 Fieldend Road, Eastcote, HA4 9XA (company registration number 10278501) referred to as skillsacademi, we, us, and our.
These Terms of Service assume that you are not acting as a consumer when using our Service, however, to the extent that you are considered to be a consumer, you may be entitled to various statutory rights and nothing in these Terms of Service shall be construed to restrict any such rights.
1. Definitions and Interpretation
1.1 The following definitions and rules of interpretation apply in these Terms of Service:
Account means a members registration on the platform and the profile;
Agency Regulations means the Agency Workers Regulations 2010;
Appoint means the employment or engagement of any individual who is or was a staff of skillsacademi by a Client or any of its Group Companies, whether directly or indirectly or through any employment business other than skillsacademi as a direct result of any Engagement or introduction of that individual via the Service to the Client and the terms Appointed, Appoints or Appointment shall be construed accordingly;
Assignment means a description of services required that is posted by a Client on the Service which includes without limitation the pay rates, times, and locations for the performance of those services; and acceptance of the same by an ISP.
Conduct Regulations means the Conduct of Employment Agencies and Employment Businesses Regulations 2003;
Engagement means a Clients engagement of an agency worker via skillsacademi to provide staffing services in respect of an Assignment;
Group Company means concerning a company (or similar entity) any holding companies or subsidiary companies of that company (or similar entity) (together with any holding companies or subsidiary companies of such subsidiary) where holding company and subsidiary company shall have the meaning given in section 1159 of the Companies Act 2006. The term Group Companies shall be construed accordingly;
Introduction Fee means the amount set out in Schedule One for the temporary workers role;
Qualifying worker means any temporary resource who, at the relevant time, has provided or delivered services to the Client for the Qualifying Period and, accordingly, is entitled to the rights conferred by regulation 5 of the Agency Regulations;
Qualifying Period means the 12-week qualifying period as defined in regulation 7 of the Agency Regulations, subject to regulations 8 and 9 of the Agency Regulations;
Relevant Period means whichever of the following periods ends later, namely -
(a)the period of 8 weeks commencing on the day after the day on which the temporary worker last worked for the Client according to being supplied by skillsacademi; or
(b) the period of 14 weeks commencing on the first day on which the temporary worker worked for the Client according to the supply of that temporary resource to that Client by skillsacademi.
In determining for the above paragraph (b) the first day on which the temporary worker worked for the Client according to the supply of that temporary worker to that Client by skillsacademi, no account shall be taken of any supply that occurred before a period of more than 42 days during which that temporary worker did not work for that Client according to being supplied by skillsacademi.
1.2 In these Terms of Service headings (including any sections and subsections) are for convenience only and do not affect interpretation.
1.3 references to you are a reference to a Client.
2. User Accounts
2.1 Users of the Platform may access some areas of the Platform without registering their details or creating an account. However, many of the Platform features are open to registered members only.
2.2 Members of the Platform (and their corresponding Account and Profile) will be either
A Client; or
An ISP or agency worker
2.3 Members are responsible for maintaining the security of their Account details and updating their account details to ensure they are accurate and up-to-date. By joining, a member confirms that they are legally capable of entering into binding contracts. Skillsacademi will provide you with login credentials and onboarding information.
2.4 All User Accounts are associated with individuals. All Users are responsible for their Accounts, including making sure that all User details are correct and kept up-to-date and for ensuring that their password is secure. If a Client has any reason to believe that its Account is being used by anyone else, please contact us at email@example.com or on the phone number supplied. If we believe that a Clients Account has been compromised, we may suspend that account and will contact the Client to try and resolve the problem.
2.5 We reserve the right at any time to remove a user's or Member's access to the Platform without notice, at our absolute discretion, and without liability.
2.6 We have the right to disable any identification code, password, or security information, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
2.7 We may, at our absolute discretion, refuse to register any person or entity as a User.
2.8 If you have any problems creating an account, logging into your account, or updating your details, please have a look at our FAQs or Contact Us at firstname.lastname@example.org.
3.Content on our Service
3.1 We may change or remove content, functionality, or parts of our Service at any time.
3.2 The legal rights (including the intellectual property rights) in our Service and any content on it is owned by us or licensed to us by third parties. Our Service and content are protected by international copyright laws and database rights. Save for the limited right to use the ordinary functionality of the Service as granted under these Terms of Service, nothing on our Service grants you any license or right to use, alter or remove such material. You may not use our trademarks, logos, or other intellectual property without our prior written approval.
3.3 From time to time, our Service may include links to other websites, applications, or web properties. These links are provided for your convenience to provide further information. We have no control over, or responsibility for, the content of the linked websites, applications, or web properties.
3.4 We do not guarantee that the Service, or any content on it, will always be available or be uninterrupted. The quality of the Service may be affected by several factors including, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the Service or a part of it or if the Service or a part of it is temporarily out of use or inoperative due to repair or maintenance work, updates, or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the Service, and, to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We or a third party shall seek to repair the problems or failures as soon as possible and to restore the Service to use as soon as possible under the circumstances. We have the right to update the software included in the Service from time to time.
3.5 Your access to our Service may also be occasionally restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will endeavor to restore the Service as soon as we reasonably can.
3.6 We do not guarantee that the Service, or any content on it, will be free from errors or omissions.
4. User Licence
4.1 We allow Clients to post descriptions of Assignments (which may include, for example, pictures, text, information, and/or other types of content) (the Content).
4.3 You irrevocably and unconditionally waive all moral rights in any Content.
4.4 You are solely responsible for your Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein. You also acknowledge that we have no liability in connection with the Content and we cannot guarantee and will not be liable for any unauthorized copying, distribution, or use of your Content.
4.5 By uploading and publishing your Content you warrant, represent, and undertake that you are the creator and owner of the Content, have the right to grant us the rights contain in these Terms of Service, and that you will comply with all your obligations regarding uploading content to our Service including without limitation those set out at clause 5.1, below. You warrant that the Content is accurate and complete in all material respects and you have (and will continue to have during your use of the Service) all necessary licenses, rights consents, and permissions which are required to enable us to use your Content as contemplated by these Terms of Service.
5. Your use of our Service
5.1 You agree that you will not:
(a) impersonate any other person, conduct yourself in an offensive or abusive manner, or use the Service for any unlawful purposes;
(b) fail to deliver the payment for the skillsacademi temporary worker Services rendered to you;
(c) advertise or offer to sell any goods or services for any commercial purpose through the Service which are not relevant to the services offered via the Service;
(d) use the Service to solicit for any other business or service, or contact ISPs or temporary workers for employment (or any other purpose) not related to use of the Service as envisaged by these Terms of Service;
(e) post the same Assignment repeatedly;
(f) use virtual private networks, false email addresses, or any other means to mask your identity;
(g) attempt to access the accounts of other Users or upload, share or submit content containing any spyware, adware, viruses, corrupt files, worm programs, or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information;
(h) disable or modify any copy protection technology used on the Service;
(i) abuse or manipulate the rating/review system on the Service;
(j) alter or modify, translate, adapt, merge, make derivative works of, decompile, disassemble, reverse compile, reverse engineer or otherwise attempt to derive the source code for any part of the Service or any of the Services;
(k) collect, harvest, or scrape any data from any web pages contained in the Service;
(l) upload, share, or submit content that is or may be interpreted as obscene, indecent, pornographic, sexually explicit, libelous, maliciously false, inaccurate, misleading, depicting violence (in an explicit, graphic or gratuitous manner) offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or cause annoyance, inconvenience or needless anxiety to any person or be in breach of hate speech or discrimination legislation;
(m) upload, share, or submit any content that infringes any proprietary rights of any third party including any patent, copyright, moral right, database right, trade mark right, design right, trade secret rights in passing off, rights of privacy, publicity, confidence, or under data protection legislation or other intellectual property law;
(n) upload, share, or submit any content that is false, deceptive, misleading, deceitful, false, inaccurate, or akin to a bait and switch offer;
(o) do or omit to do anything which would bring us, the Service, our suppliers, or other Users into disrepute or in any way damage our or their reputation; or
(p) interfere with another Users use and enjoyment of the Service in any other manner that could damage, disable, overburden, or impair the Service.
5.2 We may suspend, restrict, or terminate your Account and/or your access to the Service if we believe that you have breached these Terms of Service. This does not limit our right to take any other actions against you that we consider appropriate to protect our rights.
6.1 Nothing in these Terms of Service limits or excludes our liability for (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.
6.2 To the extent permitted by law, we exclude all conditions, warranties, representations, or other terms which may apply to the Service or any content on it, whether express or implied.
6.3 We will not be liable to you for any lack of performance, or the unavailability or failure of the Service or our services, or for any failure by us to comply with these Terms of Service, where such lack, unavailability, or failure arises from any cause reasonably beyond our control. In no event shall we be liable for any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving our Service (including the engagement of ISPs/Temporary Workers via our Service). Any liability we do have for losses you suffer is strictly limited to the monies that we have received from you in connection with your Engagements. We are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.
6.4 If you are a consumer, you are entitled to various statutory warranties (including, for example, that any service is carried out with reasonable care and skill, and any digital content provided is of satisfactory quality). Nothing in these Terms of Service shall have the effect of excluding or limiting those statutory warranties that may not be excluded or limited by law.
6.5 ISPs engaged via the Service perform the Engagements under the direction and control of the Client. skillsacademi provides matchmaking and platform services only and you agree that skillsacademi has no responsibility for any other aspect of service delivery or interaction between ISPs and Clients.
7.1 skillsacademi is committed to applying the highest standards of ethical conduct and integrity in its business activities in the UK and abroad. We take a zero-tolerance approach to bribery and corruption and are committed to acting professionally, fairly, and with integrity in all business dealings and relationships, wherever we operate. skillsacademi expects the same commitment from its member and you hereby warrant that you comply and shall, for the period in which you use the Service, continue to comply with (i) all applicable laws, statutes, regulations, and codes relating to anti-bribery and anti-corruption, including but not limited to the Bribery Act 2010; and (ii) any Anti-Bribery and Anti-Corruption Policy of skillsacademi as may be in force from time to time (to the extent that this applies to members).
8. Modern Slavery
8.1 This statement is made according to s.54 of the Modern Slavery Act 2015.
8.2 Modern slavery encompasses slavery, servitude, human trafficking, and forced labor. skillsacademi has a zero-tolerance approach to any form of modern slavery. We are committed to acting ethically and with integrity and transparency in all business dealings and to putting effective systems and controls in place to safeguard against any form of modern slavery taking place within the business or our supply chain.
9.1 The Client hereby acknowledges and agrees to indemnify and keep indemnified skillsacademi, each of skillsacademis Group Companies and each of its and their officers, directors, agents, and employees against any claim or demand, including legal fees and costs, made against us by any third party due to or arising out of your negligence, misrepresentation or breach of these Terms of Service, or your infringement or alleged infringement of any law (including, without limitation, the Agency Regulations, and the Conduct Regulations) or the rights of a third party in the course of using the Service.
9.2 skillsacademi can apply any funds owed to you against any liabilities you owe to skillsacademi or loss suffered by skillsacademi as a result of your non-performance or breach of these Terms of Service.
You acknowledge and agree that if a dispute arises you will Contact us at email@example.com before taking any action.
11. Contacting skillsacademi
11.1 skillsacademi is located at Television House, 269 Fieldend Road, Eastcote, HA4 9XA. Our office telephone number is 0203 393 6177. The office is open Monday to Friday from 9.30 AM - 6:00 PM by appointment only.