Frendliest Skillit

Terms of Service

Updated - June 8th, 2018

Introduction
Frendliest Skillit (referred to as "Frendliest Skillit", “Skillit” "we", "our", or "us") is an online marketplace platform powered by Frendliest Local (the parent company). Frendliest Skillit allows local entrepreneurs, part time freelancers and professionals to offer novel and conventional services in their field of specialty to customers. PLEASE READ THE TERMS OF SERVICE (REFERRED TO AS "AGREEMENT" OR “TERMS OF SERVICE”) CAREFULLY AND THOROUGHLY BEFORE YOU START TO USE THE SITE. It is your responsibility to carefully review these Terms of Service before accessing or using Frendliest Skillit, as these Terms of Service constitute legally binding terms and conditions governing your access to and use of Frendliest Skillit and its services and content.

By registering an account, accepting electronically (for example, clicking "I Agree"), accessing or using the Services, you accept and agree to be bound and abide by these Terms of Service– including an Agreement to Arbitrate Disputes, which is set forth in these Terms of Service. If you do not agree to this Agreement, then you may not use the Services. Should you have any objections to any terms contained herein, please do not access or use this Site or any of the Services thereon or, if applicable, please delete your account. These Terms of Service are subject to change at any time and all changes are effective when they are posted on the Site. Your use of the Site after changes are posted will constitute your acceptance of the revised Terms of Service. Use of the Site is void where prohibited.

If you have any questions regarding the Site or Terms of Service contact our Customer Support Team ([email protected]).

Key Definitions

a. Available Revenue – is the earned + top-up revenue the seller as accumulated
b. Buyer – Individuals who purchase services on Frendliest Skillit
c. Cancelled Order – A Skillit order that is terminated or dispute resolution in the Buyers favor.
d. Custom Orders - are exclusive/specific Skillits that a buyer or seller can submit
e. Dispute – A disagreement experienced during an order between a buyer and seller on Frendliest Skillit.
f. Extras - are supplementary services offered in addition to the Seller’s Skillit for an extra price defined by the Seller.
g. "Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential
h. SkillOffice – a Seller’s ‘profile page’ where they can showcase their bio, certifications, samples, portfolio and Skillits
i. Order - the formal agreement between a buyer and seller created after a purchase of a Sellers Skillit or custom order is made
j. Pending Withdrawal – Withdrawal amount pending the Admins approval
k. Platform – a website or application
l. Seller - Individuals that offer and provide services or identifies as a Seller on Frendliest Skillit
m. Site - The website operated by Frendliest Skillit and available at frendliestskillit.com or skillit.bm.
n. Skillit - a service offered on Frendliest Skillit
o. User - “user, you or your” Any person accessing or using Frendliest Skillit for buying, selling, browsing purposes, including any business entity or legal entity out of which or on behalf of which such person operates.
p. Working Revenue - is the money sellers earn from completed orders

1. General Provisions Overview

1.1 Frendliest Skillit reserves the right to suspend or terminate accounts due to violation or breach of these terms of service or due to any illegal or inappropriate use of the Site or services.
1.2 All information you submit to Frendliest Skillit, including but not limited to, your identity, contact information and profile description will be correct, full and complete, at the time of user account creation
1.3 Users with disabled accounts will not be able to sell or buy on Frendliest Skillit.
1.4 Users may have to verify their account ownership when contacting Customer Support by providing materials that prove ownership of that account.
1.5 Frendliest Skillit is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the services, their delivery, and any communications between buyers and sellers. We encourage buyers to use common sense in choosing appropriate services
1.6 Sellers will be able to withdraw their revenues from inactive, disabled, or terminated account following a full verification of ownership and subject to Frendliest Skillit 's approval.
1.7 Disputes should be handled using Frendliest Skillit's dispute button (located within each Skillit) or by contacting Frendliest Skillit Customer Support ([email protected]).
1.8 Frendliest Skillit may make changes to its Terms of Service from time to time. When these changes are made, Frendliest Skillit will make a new copy of the terms of service available on this page.
1.9 You understand and agree that if you use Frendliest Skillit after the date on which the Terms of Service have changed, Frendliest Skillit will treat your use as acceptance of the updated Terms of Service.
1.10 You will comply with the terms and conditions contained in the Privacy Policy governing Frendliest Skillit, which shall be incorporated herein as if fully set forth herein

2. How Frendliest Skillit Works (Main functions, in a nutshell)

2.1 Only users with registered accounts may buy and sell on Frendliest Skillit. Account registration is free.
2.2 Skillits on Frendliest Skillit may be offered at a base starting price of $25 and may not exceed the price of $1,000
2.3 Buyers pay Frendliest Skillit in advance to create an order.
2.4 Orders are purchased through the ‘Order Now’ button found on a seller’s Skillit page or through a Custom Order.
2.5 For seller commission fees and payment plans please visit the Skillit for Sellers page
2.6 Sellers must fulfill their orders, and may not cancel orders on a regular basis or without cause. Cancelling orders will affect sellers’ reputation and status.
2.7 Sellers can earn a Verified Status for a Skillit based on their performance and reputation. Sellers can also request to have a Skillit Verified. Verified status allows a Sellers to claim their Skillit, helping them prove that their Skillit is offered with high quality. Verified Seller Status provides sellers with benefits, including reduced commission fee, etc.
2.8 Users may not offer or accept payments using any method other than placing an order through Frendliest Skillit.
2.9 Buyers are granted all rights for the delivered work, unless otherwise specified by the seller on their Skillit page.
2.10 Frendliest Skillit retains the right to use all published delivered works for Frendliest Skillit marketing and promotion purposes.
2.11 You can read our Privacy Policy at any time. As stated above, the Privacy Policy is a part of these Terms of Service and incorporated herein.

3. How Frendliest Skillit Works for Sellers

3.1 As a SELLER, you can:

3.1.1 Create a SkillOffice (Profile)
3.1.2 Add portfolios and attached files
3.1.3 Post a Skillit (Your Services)
3.1.4 Edit/Archive/Pause/Delete a Skillit
3.1.5 Complete the Skillit to the customers liking
3.1.6 Send/Receive instant messages from buyers
3.1.7 Send, Receive and Review custom orders
3.1.8 Withdraw Earned Money
3.1.9 View your Skillit Stats
3.1.10 Request to have your Skillit verified
3.1.11 Select a ‘Free to post’ or Payment Plan that suits your needs

3.2 Seller Basics

3.2.1 To be able to post a Skillit, A Sellers must be a ‘Local’ resident of Bermuda and obtain a Bermuda Birth Certificate, Bermuda Permanent Resident Certificate (PRC), Bermuda Passport, or Bermuda Driving License. In addition, a seller must be sixteen (16) years of age or older. For more information on eligibility, please see section 10
3.2.2 Seller Authentication is required before a Skillit is posted. This process may require providing authenticating documents, completing a registration form, and/or direct communication from a Frendliest Skillit Customer Support personnel. If you choose not to comply with the authentication process, you will not be permitted to post Skillits on this Site. All documentation provided will be destroyed upon completion of authentication process. Frendliest Skillit reserves the right to re-authenticate a Seller at its sole discretion and without notice.
3.2.3 Sellers create a SkillOffice (Profile) in which they can post Skillits on Frendliest Skillit to allow buyers to purchase their services.
3.2.4 Sellers may also offer Custom Order to buyers in addition to their posted Skillits.
3.2.5 Once your Skillit is ordered, your Skillit account will reflect the order value less commission fee applicable to you under ‘Working Revenue’. For seller commission fees and payment plans please visit the Skillit for Sellers page.
3.2.6 Each order you successfully complete, the order value less commission fee applicable to you is then recognized in your ‘Available Revenue’. For seller commission fees and payment plans please visit the Skillit for Sellers page.
3.2.7 If an order is cancelled (for any reason), the funds paid will be refunded to the buyer’s accounts ‘Working Revenue’.
3.2.8 ‘Available Revenues’ are only made available for withdrawal from your account Revenues and Withdrawals page following a safety clearance period of 5-7 business days after the order is marked as Finished.
3.2.9 Sellers may withdraw their revenues using our Frendliest Skillit’s withdrawal option. See our "Withdrawal" section.
3.2.10 For security concerns, Frendliest Skillit may temporarily restrict a seller’s ability to withdraw revenue to prevent fraudulent or illicit activity. This may come as a result of security issues, improper behavior reported by buyers, or associating multiple Frendliest Skillit accounts to a single withdrawal provider.
3.2.11 As a seller using this site, you agree to be governed by the laws of Bermuda

3.3 Selling Skillits

3.3.1 Sellers can post a select number of active Skillits based on their Package plan selected purchased:
3.3.1.1      3 Skillits for sellers using the StartUp Plan
3.3.1.2      5 Skillits for sellers using the Small Biz Plan
3.3.1.3      10 Skillits for sellers using the Big Biz Plan
3.3.1.4      25 Skillits for sellers using the Pro Biz Plan

3.3.1.4.1 Package Renewal - Your account will not be automatically renewed after each commitment period. You will be required to pay the associated fee annually. You will receive a notice before your package expires. If your package expires you will default to the StartUp package and its parameters3.3.1.4.2 Refunds - If you are not 100% satisfied with your package plan purchase, simply request a refund by email [email protected] within 10 days of your purchase. Receive a full refund with no questions asked and no need to justify your decision.

3.3.2 Skillits created on Frendliest Skillit are User Generated Content. Please see our User Generated Content below Section 18 for more information.
3.3.3 Skillits may be removed by Frendliest Skillit for violations to these Terms of Service. Please see our Prohibited Activities and Violations Section 9 for more information.
3.3.4 Skillits that are removed for violations, may result in the suspension or termination of the seller’s account.
3.3.5 Skillits that are removed for violations may not eligible to be restored or edited.
3.3.6 Skillits may be removed from our Search feature due to poor performance and/or user misconduct.
3.3.7 Skillits may include pre-approved website URLs contained within the Skillit description. Skillits containing websites promoting content, which violates Frendliest Skillit’s Terms of Service, will be removed.
3.3.8 Skillits are required to have appropriate images related to the service offered.
3.3.9 Statements on the Skillit Page that undermine or circumvent these Terms of Service is prohibited.
3.3.10 Eligible sellers may price their Skillits at a base price starting from $25 (USD).

3.4 Providing Extras to a Skillit

3.4.1 Extras are additional services offered on top of the Seller’s Skillit for an additional price defined by the Seller.
3.4.2 Extras may be removed for violations of our Terms of Service. Skillits are subject to be removed due to violations found in Skillit Extras.
3.4.3 Services offered through Extras must be related to the base service and part of the deliverables on the order.
3.4.4 Extras may cover different categories of services that are components to a higher quality delivered service.
3.4.5 Sellers have the option to extend the duration of an order for each Extra that is added to the order. This is to cover the time needed to complete the extra service.

3.5 Skillit Verified Status

3.5.1 Sellers can earn a Verified Status for a Skillit based on their performance, timely delivery and reputation. Sellers can also request to have a Skillit Verified. Verified status allows a Sellers to claim their Skillit, helping them prove that their Skillit is offered with high quality. Verified Seller Status provides sellers with benefits, including reduced commission fee, etc.3.5.2 Sellers who cannot maintain their high-quality service, experience a severe drop in ratings, or stop delivering on time risk losing their Skillit’s Verified Status and the benefits that come with it. For example, late deliveries, warnings to the seller’s account and frequent cancellations can cause it to be removed

3.6 Seller Custom Order

3.6.1 Sellers can also send Custom Skillit Orders addressing specific requirements of a buyer.
3.6.2 Custom Orders are defined by the seller with the exact description of the service, the price and the time expected to deliver the service.
3.6.3 Custom Orders are sent from the conversation page.
3.6.4 Services provided through Custom Orders may not violate Frendliest Skillit’s Terms of Service.

3.7 Seller Withdrawing Revenues

3.7.1 To withdraw your revenue, you must have an account and use the Frendliest Skillit withdrawal method.
3.7.2 Withdrawals can only be made to a local Bermuda Bank Account (e.g. Clarien Bermuda, HSBC Bermuda, Bank of Butterflied, BCB)
3.7.3 Withdrawal request will only be made to the bank account on file and associated with your user account and cannot be redirected to any other payment source
3.7.4 Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 5-7 business days after the order is marked as finished.
3.7.5 Withdrawals can only be made in the amount you have available.
3.7.6 Revenues that have been earned after the stipulated clearance period and recognized in your ‘Available Revenue’ are available for withdrawal at any time.
3.7.7 To withdraw your available revenue, you must complete the withdrawal process and click Submit to initiate the withdrawal process
3.7.8 We impose a minimum withdrawal amount of $50 for funds earned. This is set out in our schedule of Fees and Charges.
3.7.9 Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
3.7.10 We collectively fulfil withdrawal requests to seller’s bank accounts weekly. Once a withdrawal request is approved, the withdrawal request due to you, consisting of the amount highlighted in the withdrawal request, should arrive in your account between 5-7 business day following the weekly cycle you submitted it. We reserve the right to modify the withdrawal method or offer alternative withdrawal options to you at any time. Kindly contact Customer Support ([email protected]) if you have any questions or queries.
3.7.11 If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your user account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behavior, while we investigate any such matter.
3.7.12 You acknowledge and agree that we may seek to verify your identity or request additional information from you.

3.8 Please see Seller Specific Terms of Service in Section 12

4. How Frendliest Skillit Works for Buyers

4.1 As a BUYER, you can:

4.1.1 Create a profile
4.1.2 Search for services
4.1.3 Place an order
4.1.4 Send a custom order to a seller
4.1.5 Dispute a Skillit
4.1.6 Review and Rate a completed Skillit
4.1.7 Review a Seller
4.1.8 Send/Receive instant messages

4.2 Buyer Basics

4.2.1 A buyer can register and use the site at no cost. The buyer does not have to located in Bermuda to use the site and purchase a service.
4.2.2 You may not offer direct payments to sellers using payment systems outside of the Frendliest Skillit Order system.
4.2.3 Frendliest Skillit retains the right to use all publicly published delivered works for Frendliest Skillit marketing and promotional purposes.
4.2.4 Buyers can request a custom service using the ‘Send Custom Order’ feature found on a Skillit page or within an instant message with a Seller. Services requested on Frendliest Skillit must be an allowed service on Frendliest Skillit. Please see our Prohibited Activities and Violations Section 11 for more information.
4.2.5 As a buyer using this site, you agree to be governed by the laws of Bermuda

4.3 Buyer Purchasing

4.3.1 Buyers pay Frendliest Skillit to create an order from a seller’s Skillit page, using the Order Now button.
4.3.2 In addition, buyers can request a Custom Order which addresses specific buyer requirements, and receive a Custom Order from sellers through the site.
4.3.3 Skillits may be purchased using one of the following payment methods: Bank Account Transfer (Bermuda Local Bank Transfers Only), Credit/Debit Card, from your Available Revenue balance. You will not be charged a processing or commission fee. Funds returned to your balance from cancelled orders will not be subject to a processing or commission fee.
4.3.4 You may not offer sellers to pay, or make payment using any method other than through Frendliest Skillit. In case you have been asked to use an alternative payment method, please report it immediately to Customer Support ([email protected]).
4.3.5 PLEASE NOTE: BUYERS FROM OUTSIDE OF BERMUDA MAY BE SUBJECT TO ADDITIONAL TRANSACTION FEE’S DEPENDING ON THE PAYMENT OPTION USED
4.3.6 To protect against fraud, unauthorized transactions (such as money laundering), claims or other liabilities, we do not collect credit card information. Our payment vendor Authorize.Net collects information for collecting payments from buyers and sellers on the Site. We are not exposed to the payment information provided to our payment vendor.

4.4 Buyer Withdrawing Revenues

4.4.1 FRENDLIEST SKILLIT DOES NOT AUTOMATICALLY REFUND PAYMENTS MADE FOR CANCELLED ORDERS BACK TO YOUR PAYMENT PROVIDER. FUNDS FROM ORDER CANCELLATIONS ARE REFUNDED TO THE BUYER'S ACCOUNT’S ‘AVAILABLE REVENUE’ AS A CREDIT AND ARE AVAILABLE FOR FUTURE PURCHASES OR WITHDRAWAL ON FRENDLIEST SKILLIT. PLEASE SEE SECTION 7 FOR MORE INFORMATION
4.4.2 You must have an account and use a Frendliest Skillit withdrawal method to receive your funds.
4.4.3 Revenues are only made available for withdrawal from the Revenue page following a safety clearance period of 5-7 business days after the order is successfully cancelled.
4.4.4 Revenues that are available after the stipulated clearance period are available for withdrawal at any time.
4.4.5 To withdraw your available revenue, you must complete the basic withdrawal process and click Submit to initiate the withdrawal process.
4.4.6 Withdrawals can only be made in the amount you have available.
4.4.7 Withdrawals are final and cannot be undone. We will not be able to refund or change this process once it has begun.
4.4.8 Any withdrawal request required to be processed in your favor will be made only to the bank account on file, associated with your user account or initially used to make the Skillit order. Withdrawal request and cannot be redirected to any other payment source
4.4.9 You acknowledge and agree that we may seek to verify your identity or request additional information from you
4.4.10 We impose a minimum withdrawal amount of $50 for funds earned. This is set out in our schedule of Fees and Charges.
4.4.11 We collectively fulfil withdrawal requests to buyer’s bank accounts weekly. Once a withdrawal request is approved, the withdrawal request due to you, consisting of the amount highlighted in the withdrawal request, should arrive in your account between 5-7 business days following the weekly cycle you submitted it. We reserve the right to modify the withdrawal method or offer alternative withdrawal options to you at any time. Kindly contact Customer Support ([email protected]) if you have any questions or queries.
4.4.12 If you are involved in a dispute, we may (in certain circumstances) place a temporary limit on the funds in your user account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behavior, while we investigate any such matter.

5. Orders

5.1 Basics

5.1.1 Once payment is confirmed, your order will be created and given a unique Frendliest Skillit invoice number.
5.1.2 Sellers must deliver completed files and/or proof of work using the Deliver Work button located on the ordered Skillit page according to the service that was purchased and advertised on their Skillit.
5.1.3 Using the Deliver Work button may not be abused by sellers to circumvent Order guidelines described in this Terms of Service. Using the “Deliver Work” button when an order was not fulfilled may result in a cancellation of that order after review, affect the seller’s rating and result in a warning to seller.
5.1.4 An order is marked as Finished after the order is marked as Delivered and then rated by a buyer. An order will be automatically marked as complete if not rated and no request for modification was submitted within 14 days after marked as Delivered.
5.1.5 We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, buyers and sellers can use the dispute button easily accessible in each ordered Skillit. When initiated, the admin will play the role of a judge to give the final decision, either refunding the money to the buyer or sending the payment to the seller. Alternatively, you can contact our customer support ([email protected])

5.2 Handling Orders

5.2.1 When a buyer orders a Skillit, the seller is notified by email as well as notifications on the site while logged into the account.
5.2.2 Sellers are required to meet the delivery time they specified when creating their Skillits. Failing to do so will allow the buyer to cancel the order when an order is marked as late and may harm the seller's status.
5.2.3 Sellers must send completed files and/or proof of work using the Deliver Completed Work button (located on the Skillit page) to mark the order as Delivered.
5.2.4 USERS ARE RESPONSIBLE FOR SCANNING ALL TRANSFERRED FILES FOR VIRUSES AND MALWARE. FRENDLIEST SKILLIT WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES WHICH MIGHT OCCUR DUE TO SITE USAGE, USE OF CONTENT OR FILES TRANSFERRED.
5.2.5 Buyers may Request Revisions within the Ordered Skillit to the extent highlighted in the Skillit’s description or agreed in the custom order. Revision request can be made if the delivered materials do not match the seller's description on their Skillit page or they do not match the requirements sent to the seller at the beginning of the order process.

6. Reviews

6.1 Feedback reviews provided by buyers while completing an order are an essential part of Frendliest Skillit's rating system. Reviews demonstrate the buyer's overall experience with the sellers and their service. Buyers are encouraged to communicate to the seller any concerns experienced during their active order regarding the service provided by the seller.
6.2 Leaving a buyer's feedback is a basic prerogative of a buyer. Feedback reviews will not be removed unless there are clear violations to our Terms of Service.
6.3 To prevent any misuse of our reviews system, all feedback review must come from legitimate sales executed exclusively through the Frendliest Skillit platform from users with registered accounts. Purchases arranged, determined to artificially enhance seller ratings, or to abuse the Frendliest Skillit platform with purchases from additional accounts, will result in a suspension or termination of all related accounts.
6.4 Reviews given by buyers are publicly displayed on a seller’s Skillit page. Buyers have the option not to include a comment or rating by clicking ‘skip’.
6.5 Withholding the delivery of services, files, or information required to complete the Skillit’s service with the intent to gain favorable reviews or additional services is prohibited.
6.6 Responding and posting a review: Once work is delivered, the buyer has 14 days to respond and post a review. If no response is provided within the response period, the order will be considered completed.
6.7 Sellers may not solicit the removal of feedback reviews from their buyers through mutual cancellations.

7. Disputes, Cancellations and Refunds

7.1 We encourage our buyers and sellers to try and settle conflicts amongst themselves. If for any reason this fails, users can use the dispute button easily accessible within the Ordered Skillit. When initiated, the admin will play the role of a judge to give the final decision, either refunding the money to the buyer or sending the payment to the seller. If for any reason this fails after using the dispute resource or if you encounter non-permitted usage on the Site, please contact Frendliest Skillit's Customer Support ([email protected]) for assistance.

7.2 Dispute and Cancellation Basics

7.2.1 By using this site you agree and acknowledge that Frendliest Skillit is not a judicial or alternative dispute resolution institution and that we will make the determinations only as an ordinary reasonable person.
7.2.2 Disputes will be handled in accordance with the Frendliest Skillit Terms of Service.
7.2.3 Order cancellations can be performed on Frendliest Skillit through the dispute button located within the ordered Skillit.
7.2.4 Filing a dispute or reversing a payment through your payment provider or your bank is a violation to these Terms of Service. Doing so may get your account temporarily disabled to investigate possible security violations. Note: once you have filed a dispute with your payment provider, the funds will be ineligible for a refund due to our obligations towards the payment provider.
7.2.5 If a buyer or seller encounter an issue related to the service provided in an order, you are encouraged to use the Site's dispute resource to attempt to resolve the matter.
7.2.6 Frendliest Skillit reserves the right to cancel orders or place funds on hold for any suspected fraudulent transactions made on the Site.
7.2.7 All transfer and assignment of intellectual property to the buyer shall be subject to full payment for the Skillit.
7.2.8 Orders placed cannot be cancelled by a Buyer. If for any reason a Buyer wishes to cancel a Skillit please communicate this with the Seller immediately. The seller is not obligated to agree to cancel if they feel it is not warranted. Kindly communicate in detail your rationale within the Skillit order. Once an agreement is reached between both parties, click dispute. A site admin will review the conversation and designate the appropriate winner (A buyer – if the seller agrees).
7.2.9 If an order is cancelled by a Seller (for any reason), the funds paid will be refunded to the buyer’s available revenue balance. At times you may receive these refunds less commission. If this occurs we will apply a credit top-up to make up the difference.
7.2.10 Revisions to deliveries can be performed by sellers based on the seller’s Skillit and customer care. Sellers may determine the amount of revisions offered to buyers, including no revisions. If not express in the Skillit description, kindly communicate this with a Seller beforehand
7.2.11 Requests for revisions can be performed through the Skillit order page when the Skillit is active.
7.2.12 Requesting to gain more services from a seller beyond the agreed requirements is not allowed.
7.2.13 In relation to disputes with any other users of the site, you hereby agree to indemnify Frendliest Skillit from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.

7.3 Order Cancellations

7.3.1 Frendliest Skillit encourages Buyers and Sellers to resolve service disputes mutually using the dispute resource located within an order Skillit.
7.3.2 Eligibility for requests to Frendliest Skillit to cancel an order will be assessed by our Customer Support team based on many factors, including violations to our Terms of Service, general misconduct, and improper usage of the Frendliest Skillit delivery system. See below for Order specific eligibility.
7.3.3 Completed orders may be cancelled, upon review of our Customer Support team, up to 3 days after the order is marked as complete.
7.3.4 Orders are not eligible to be cancelled based on the quality of service/materials delivered by the seller if the service was rendered as described in the Skillit page. Buyers may rate their experience with the seller on the order page, including the overall level of service quality received.
7.3.5 Buyers must address their concerns and desired resolution related to the seller prior to contacting Customer Support. Customer Support will not take any action against Orders where the buyers failed to inform their seller of issues related to the seller’s service and will allow sellers to provide a resolution first. This does not include non-permitted usage of Frendliest Skillit.
7.3.6 Any non-permitted usage of Frendliest Skillit encountered during an Order, after being reviewed by our Customer Support team, may result in the order being cancelled. This includes, but not limited to; harassment, unlawful behavior, or other violations to Frendliest Skillit’s Terms of Service.
7.3.7 Frendliest Skillit Customer Support will cancel orders based on, but not limited to, the following reasons:

7.3.7.1 Active orders (after the buyer submits their requirements and before the seller delivers on Frendliest Skillit)

7.3.7.1.1 The seller is late and unresponsive for more than 24 hours while the order is marked as Late.
7.3.7.1.2 Users are abusive towards the other party through threats of low ratings or leveraging order materials (such as logins, personal information) against each other.
7.3.7.1.3 Users supplied or included copyright/trademark infringing materials as part of the Buyer requirements or the seller’s delivery.
7.3.7.1.4 The user is no longer an active Frendliest Skillit user due to Terms of Service violations or closure of their account.

7.3.7.2 Delivered Orders (after the seller clicks Deliver Now and before the order is marked as complete)

7.3.7.2.1 The seller uses the Delivery system to extend the delivery due date to complete the requested service without providing the final delivered service to buyers.
7.3.7.2.2 Note: Multiple reported offenses will result in suspension or termination of your account.
7.3.7.2.3 The seller delivers no files and/or proof of work related to the agreed upon order requirements. Note: Subjectivity of the materials in question will be reviewed by our Customer Support team.
7.3.7.2.4 The seller requests additional payments, on or off the Frendliest Skillit platform, by withholding the final delivery of services directly related to the agreed requirements.
7.3.7.2.5 The seller is withholding the final delivery of services for improved ratings.
7.3.7.2.6 Buyers who abuse the Request Revisions button to gain more services from sellers beyond the agreed requirements.
7.3.7.2.7 Buyers who threaten to leave a damaging review to gain more services from the seller not related to the agreed requirements.

7.3.7.3 Completed Orders (after the order is marked as complete and before the 3 day limitation)

7.3.7.3.1 Users who have been reported to use copyright/trademark infringing materials after verification and with proof.
7.3.7.3.2 Frendliest Skillit Customer Support will review cases of Order delivery manipulation that prevents buyers and sellers from fully utilizing our dispute resource that enabled the order to be marked as complete.

7.4 Refunds
Order Cancellations
FRENDLIEST SKILLIT DOES NOT AUTOMATICALLY REFUND PAYMENTS MADE FOR CANCELLED SKILLITS BACK TO YOUR PAYMENT PROVIDER. FUNDS FROM SKILLIT CANCELLATIONS ARE REFUNDED TO THE BUYER'S ACCOUNT’S ‘AVAILABLE REVENUE’ BALANCE AS A CREDIT AND ARE AVAILABLE FOR FUTURE PURCHASES ON FRENDLIEST SKILLIT. When warranted Frendliest Skillit will suggest alternative Skillits to achieve the service initially sought.

How to get your funds
1. If you choose to no longer purchase a Skillit on Frendliest Skillit, you can submit a withdrawal request from your Profile to have your balance (refund) transferred to your bank account. Upon authentication of the refund, the refund process may take up to 7 business days to complete. If you have any difficulty kindly contact our Customer Support ([email protected]) for further assistance.

2. Alternatively credit/debit card refunds can be performed by our Customer Support team when available from the payment provider. If you wish to receive a credit/debit card refund kindly email our Refund Team at [email protected]

PLEASE NOTE:
1. Any direct or intentional abuse of the refund and cancelation features will result in suspension or termination of your account, potential legal action or reporting to the authorities of suspicious/criminal activity.

2. If we agree to the refund by debit or credit card, the funds will be received by the User via the same payment method that the User used to make the original payment to us.

3. Any withdrawal request required to be processed in your favor will be made only to the bank account on file, associated with your user account or initially used to make the Skillit order. Withdrawal request and cannot be redirected to any other payment source;

4. REFUNDS DUE TO INDIVIDUALS FROM OUTSIDE OF BERMUDA MAY BE SUBJECT TO ADDITIONAL REFUND FEE’S, WITHDRAWAL FEE’S, OR STIPULATIONS. KINDLY SEE OUR FEE’S AND CHARGES PAGE FOR MORE INFORMATION

5. If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these terms and conditions, in order to defeat any such chargeback request.

6. If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

7. If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

8. We may refund funds to Users irrespective of whether a User has requested funds be refunded if:

8.1 we are required by law or consider that we are required by law to do so
8.2 we determine that refunding funds to the User will avoid any dispute or an increase in our costs;
8.3 we refund funds to the User in accordance with any refund policy specified by us from time to time;
8.4 we find out that the original payment made by the User is fraudulent
8.5 the User made a duplicate payment in error; or
8.6 we consider, in our sole opinion, that it is likely that the refund of funds is necessary to avoid a credit card chargeback.

We encourage users to contact our Customer Support Team ([email protected]) if they have any refund and cancellation related queries.

8. User Conduct and Protection

8.1 A core element to the Frendliest Skillit website is the direct interaction users have with each other. Frendliest Skillit aims to maintain a friendly, community spirited, and professional environment. Users should adhere to the below conduct and rules while interacting with each other on Frendliest Skillit:

8.2 User Conduct and Protection Basics

8.2.1 To protect our users' privacy, user have the ability to create an username associated with their account to keep their identity anonymous. Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Frendliest Skillit to circumvent or abuse the Frendliest Skillit messaging system or Frendliest Skillit platform is not permitted.
8.2.2 Any necessary exchange of personal information required to continue a service may be exchanged within the order page.
8.2.3 Frendliest Skillit does not provide any guarantee of the level of service offered to buyers. You may use the dispute resolution feature provided to you within the Skillit order.
8.2.4 Frendliest Skillit does not provide protection for users who interact outside of the Frendliest Skillit platform.
8.2.5 All information and file exchanges must be performed exclusively on Frendliest Skillit 's platform.
8.2.6 Rude, abusive, improper language, or violent messages sent to users will not be tolerated and may result in an account warning, suspension or termination of your account.
8.2.7 The Frendliest Skillit marketplace is open to everyone. Discrimination against a community member based on gender, race, age, religious affiliation, sexual preference or otherwise is not acceptable and may result in suspension or termination of your account.
8.2.8 We encourage users to use common sense in choosing appropriate services

8.3 Communication with Other Users

8.3.1 Communication with other users on the site must be conducted through direct message sending or Skillit messaging system provided on the Website.

8.3.2 You must only communicate with Users via the Website. You must not attempt to communicate with other Users through any other means including but not limited to email, telephone, Skype, Whatsapp, SnapChat, GTalk, GChat or Yahoo.

8.3.3 We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud, regulatory compliance, risk management and other related purposes.

8.4 Orders

8.4.1 Users with the intention to defame competing sellers by ordering from competing services will have their reviews removed or suffer suspension or termination of their account.
8.4.2 Users are to refrain from spamming or soliciting previous Buyers or Sellers to pursue removing/modifying reviews or cancelling orders that do not align with our Disputes and Cancellations components in Section 7
8.4.3 Frendliest Skillit reviews cases of payment provider chargebacks and disputes on behalf of sellers. Although results vary per case due to each chargeback reason, we work hard on resolving disputes in the seller’s favor. In certain circumstances, and if the chargeback case allows, Frendliest Skillit will return parts or full revenue back to sellers.

8.5 Skillits

8.5.1 Users may report services to Customer Support ([email protected]) that may be in violation of Frendliest Skillit ’s Terms of Service based on the reported services replicated similarity to pre-existing services (copycat services).
8.5.2 Frendliest Skillit will respond to clear and complete notices of alleged copyright or trademark infringement. Please visit our Intellectual Property Policy page for more information.

9. Prohibited Activities and Violations

9.1 General

9.1.1 Adult Services & Pornography - Frendliest Skillit does not allow any exchange of adult oriented or pornographic materials and services.
9.1.2 Inappropriate Behavior & Language - Communication on Frendliest Skillit should be ‘frendly’, constructive, and professional. Frendliest Skillit condemns bullying, harassment, and hate speech towards others. We allow users a medium for which messages are exchanged between individuals and a system to rate orders
9.1.3 Phishing and Spam - Frendliest Skillit takes its members’ security seriously. Any attempts to publish or send malicious content with the intent to compromise another member’s account or computer environment is strictly prohibited. Please respect our members privacy by not contact them for commercial purposes without their consent.
9.1.4 Privacy & Identity - You may not publish or post other people's private and confidential information. Any exchange of personal information required for the completion of a service must be provided in the order page. Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall not be used for any purpose whatsoever other than for the delivery of the work to the buyer. Any users who engage and communicate off the Frendliest Skillit website will not be protected by our Terms of Service.
9.1.5 Intellectual Property Claims - Frendliest Skillit will respond to clear and complete notices of alleged copyright or trademark infringement, and/or violation of third party’s terms of service. Please visit our Intellectual Property Policy page for more information.
9.1.6 Fraud / Unlawful Use - YOU MAY NOT USE FRENDLIEST SKILLIT FOR ANY UNLAWFUL PURPOSES OR TO CONDUCT ILLEGAL ACTIVITIES - E.G. TAX INVASION, MONEY LAUNDERING, ETC
9.1.7 Deposits – Frendliest Skillit and Frendliest Local is not in the business of accepting deposits, deposit-related concepts or lending of money. We act solely as a safe guard to the performance of services offered on our platform. Users are prohibited from circumnavigating this website’s functional design and using it in a way that resembles activities conducted by a deposit-taking business

9.2 Abuse and Spam

9.2.1 Multiple Accounts - To prevent fraud and abuse, users are limited to one active account. Any additional account determined to be created to circumvent guidelines, promote competitive advantages, or mislead the Frendliest Skillit user base will be disabled. Mass account creation may result in disabling of all related accounts. We provide Business Package Plans for Small Business who wish to have multiple employer users. Kindly contact Customer Support ([email protected]) to find out more information
9.2.2 Targeted Abuse - We do not tolerate users who engage in targeted abuse or harassment towards other users on Frendliest Skillit. This includes creating new multiple accounts to harass members through our message or ordering system.
9.2.3 Selling Accounts - You may not buy or sell Frendliest Skillit accounts.

9.3 As a user of this site, you hereby agree not to:

9.3.1 Share, provide, produce, display, publish or disseminate to others content/material that:

9.3.1.1 Is defamatory, abusive, obscene, profane, objectionable, unlawful offensive, libelous, sexually oriented, threatening, harassing, or racially offensive;
9.3.1.2 Is illegal or infringes or violates another user’s rights, promotes illegal activity including copying the copyrighted works of another user, or provides instructional information about illegal activities.
9.3.1.3 Is inaccurate, false, out-of-date or misleading, including profile images that are not your likeness or misrepresenting your current or previous employment and qualifications;
9.3.1.4 Is harmful or threatening to the safety of users;
9.3.1.5 Promotes racism, bigotry, hatred or physical harm against any individual or group of individuals;
9.3.1.6 Consists of “junk mail,” “chain letters,” or “spamming”;
9.3.1.7 Contains any restricted, password only, or hidden pages or images;
9.3.1.8 Contains any material targeted at individuals under the age of eighteen (18), including material that exploits such individuals in a sexual or violent manner or solicits personal information from them;
9.3.1.9 Requests passwords, account information, or personally identifying information for any commercial or unlawful purposes from another user; and
9.3.1.10 Engages in commercial activities and/or sales without Frendliest Skillit prior written consent including, but not limited to, contests, sweepstakes, bartering, advertising and pyramid schemes.

9.3.2 Impersonate another user or entity or create an account for anyone other than a natural person;
9.3.3 Harass others in any way, including stalking;
9.3.4 in any way prevent other users from using and enjoying and/or benefitting from the Site or Services.
9.3.5 slander, abuse, threaten, harass or otherwise violate any legal rights of others;
9.3.6 Expressly state or imply that any statements you or others make are endorsed by Frendliest Skillit unless you have the prior written consent of Frendliest Skillit;
9.3.7 Use any software, application, program, device or process, including the use of any robot or spider, to gather, catalog, or in any way duplicate or circumvent the structure or appearance of the Site or Services;
9.3.8 Post, distribute, duplicate, infringe, remove, or otherwise use any copyrighted materials, trademarks, brands, logos or other proprietary information or notices without obtaining the prior written consent of the owner of such rights;
9.3.9 Disrupt or interfere in any way with the Site or the Services or any of the servers or networks connected to the Site or the Services;
9.3.10 Utilize or copy any information or content to provide any service that is competitive, in Frendliest Skillit’s sole discretion, with Frendliest Skillit or access the Site or Services for any competitive purpose including monitoring availability, performance or functionality;
9.3.11 Share, provide, produce, display, publish or disseminate to others any material that contains any sort of virus or any files or programs that are designed to disrupt, destroy or reduce the functionality of the Site, Services, any software, hardware, and/or equipment;
9.3.12 Share any non-user information without such non-user’s express permission;
9.3.13 Disguise the origin of any information transmitted via the Site or Services;
9.3.14 Direct any person to the Site by using meta tags, code, or any other devices including any reference to the Site or Services to for any reason whatsoever;
9.3.15 Remove, cover or otherwise obscure any form of advertisement included on the Site;
9.3.16 “frame” or “mirror” any part of the Site or Services without our prior written authorization;
9.3.17 Alter, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble or otherwise attempt to derive the source code for any portion of the Site or Services or any other software used on or for the Services or Site; and/or
9.3.18 advertise, sell, or offer to sell any goods or services on the Site for any purpose which is not relevant to the Services offered by Frendliest Skillit including conducting or forwarding any surveys, contests, etc.;
9.3.19 Override or attempt to override any security component on the Site or Services.
9.3.20 Use the Site or Services in violation of any Bermuda law;

9.4 Reporting Violations

9.4.1 To report a violation of our Terms of Service, User Misconduct, or inquiries regarding your account, please contact our Customer Support ([email protected]). All cases are reviewed by management and to protect individual privacy, the results of the investigation are not shared. You can review our Privacy Policy for more information

9.5 Violations

9.5.1 Frendliest Skillit reserves the right to investigate and take legal action against any user who violates the above provisions including, without limitation, the right to suspend or terminate the account of any such violators. The above list is not all-inclusive as to activities for which an account may be suspended or terminated. Users may be issued a warning or have their account terminated for violations of our Terms of Service or any user misconduct reported to Frendliest Skillit. A warning will be sent to the user's email address. Warnings do not limit account activity, but can lead to your account losing seller statuses or being terminated based on the severity of the violation.

General Provisions

10. Eligibility

10.1 Age

10.1.1 Frendliest Skillit is offered and available to users who are sixteen (16) years of age or older. You, as a user of the Site and Services represent and warrant that you have the right, authority, and capacity to enter into this agreement and comply with all terms and conditions of the Terms of Service.
10.1.2 We try to advertise to individuals who are at least eighteen (18) years of age or older and will not knowingly collect any information from children under the age of sixteen (16) without parental consent. We are not responsible for any misrepresentations related to user’s age and reserve the right to terminate the account of any user whom we believe has provided false information to us or any other users. If you are under the age of sixteen (16) you may not use this Site or the Frendliest Skillit services without parental consent. The parent giving consent is responsible for all actions of the consented individual, without limitation. Please email Customer Support ([email protected]) to obtain a parental consent form. If you are under the age of fourteen (14) you may not use this Site or the Frendliest Skillit services.
10.1.3 By using this Site, you represent and warrant that you are of legal age to form a binding contract and meet all the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Site.

10.2 Location

10.2.1 To be able to post a Skillit, A Sellers must be a ‘Local’ resident of Bermuda who obtains a valid Bermuda Birth Certificate, Bermuda Permeant Resident Certificate, Bermuda Passport, or Bermuda Driving License
10.2.2 Seller Authentication is required before a Skillit is posted. This process may require providing authenticating documents, completing a registration form (Only for your first Skillit), and/or direct communication from a Frendliest Skillit Customer Support personnel. If you choose not to comply with the authentication process, you will not be permitted to post Skillits on this Site. All documentation provided will be destroyed upon completion of authentication process. Frendliest Skillit reserves the right to re-authenticate a Seller at its sole discretion and without notice. In addition, we reserve the right to close, suspend, or limit access to your Account and the site in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
10.2.3 Bermuda Work Permit holders will be ineligible to become a seller on Frendliest Skillit unless as an employee of your primary employer who must first obtain an active Business Package Plan with Frendliest Skillit. Your ability to use this Site is subject to you being present and employed on the island by your designated primary employer.
10.2.4 A buyer does not have to located in Bermuda to use the site and purchase a service.

10.3 General

10.3.1 You must be able to form legally binding contracts
10.3.2 You must not be barred from receiving and rendering your offered services under the laws of Bermuda

10.4 Business

10.4.1 Frendliest Skillit can be used by small Bermuda business and their employees that are legally eligible to enter into binding contracts under applicable Bermuda laws. Special package plans are available for small business who wish to have their employees use Skillit as Sellers under the company name. Although associated with a business, employees of the business remain classified as an individual ‘Seller’ unless otherwise agreed and approved by Frendliest Skillit. Employee sellers acknowledge and agree that where a business or company is associated with their account, this Terms of Services is a contract with the Seller as an individual (not the business or company) and Sellers remain solely responsible for all activity undertaken in respect of their Account. For more information on business package plans kindly contact customer support ([email protected]).

11. Buyer Specific Terms of Service

11.1 Seller Service Standards

11.1.1 Frendliest Skillit is not responsible for the content, quality or the level of service provided by the Sellers. We provide no warranty with respect to the services, their delivery, and any communications between buyers and sellers. We encourage users to take advantage of our rating system and use common sense in choosing appropriate services

11.2 Ownership and Limitations

11.2.1 Unless clearly stated otherwise on the seller's Skillit page/description, when the work is delivered, and subject to payment, the buyer is granted all intellectual property rights, including but not limited to, copyrights for the work delivered from the seller, and the seller waives any and all moral rights therein. The delivered work shall be considered work-for-hire under and the seller expressly agrees to assign the buyer the copyright in the delivered work. All transfer and assignment of intellectual property to buyer shall be subject to full payment for the Skillit and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as artwork, design work, report generation etc.), the delivered work shall be the exclusive property of buyer, and seller assigns all rights, title and interest in the delivered work.

11.3 Chargebacks

11.3.1 If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these Terms of Service, in order to defeat any such chargeback request.
11.3.2 If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.
11.3.3 If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

11.4 Use for Marketing

11.4.1 Buyers agree that unless they explicitly indicate otherwise, the content they voluntarily create/upload to Frendliest Skillit, including texts, photos, videos, usernames, user photos, user videos and any other information, including the display of delivered work, may be used by Frendliest Skillit for no consideration for marketing and/or other purposes.

11.5 Website Usage

11.5.1 As a buyer, you may create an account at no cost

12. Seller Specific Terms of Service

12.1 Offering Services

12.1.1 By offering a service, the seller undertakes that he/she has sufficient permissions, rights
and/or licenses to provide, sell or resell the service offered on Frendliest Skillit. Sellers
advertising their services online must comply with laws and terms of service of the advertising platform or relevant website used to advertise. Failing to do so may result in removal of the service and may lead to the suspension of seller's account.

12.2 Waiver of Benefits

12.2.1 You hereby acknowledge and agree that your use of Frendliest Skillit will not make you eligible for, and will not enable you to participate in, any of the Company’s employee benefit plans or programs, including, but not limited to, bonus, vacation, health, pension, incentive compensation or other employee programs or policies (“Benefits Plans”). If for any reason you are determined by any governmental agency, court, or other entity to be a statutory or common-law employee of Frendliest Skillit on account of or as a result of your use of Frendliest Skillit, you hereby waive any right to, and agree to neither seek nor accept, any benefits under the Benefits Plans, even if by the terms thereof you would be eligible for such benefits on account of or as a result of such use or performance of services.

12.3 Materials and Expenses

12.3.1 You, as a seller, will retain sole control over the means and methods used in performing any service, and you will be solely responsible for providing any and all tools, supplies, equipment, and insurance for you and your personal (including, but not limited to, health, life and disability) that you elect to maintain, and for all expenses you incur in connection with the operation of your business and the performance of a client opportunity. The Company will have no obligation to reimburse you for any expenses of any kind or nature, to provide you with any tools, equipment, or supplies, or to assist you in any way in your performance of a service. You also will be solely responsible for obtaining any licenses or certificates that are required by law to provide your services.

12.4 Confidentiality
Sellers further confirm that whatever information they receive from the buyer, which is not public domain, shall be kept confidential and shall not be shared or used for any purpose whatsoever other than for the delivery of the ordered work to the buyer.

12.5 Use for Marketing
As a seller, you expressly authorize us to use, forward, or post your profile and services on other social media and internet platforms, sites or services. Furthermore, you expressly authorize Frendliest Skillit to use your corporate logo and corporate name, if applicable, for any promotional purposes including marketing and advertising

You can opt-out by sending a notice to:
Frendliest Skillit
Attention: Use of Marketing
14 Paynters Lanes
Sandys
SB02 Bermuda

Alternatively, you can opt-out by emailing Customer Support ([email protected])

12.6 Commercial Use
Frendliest Skillit does not prohibit Business’ from registering accounts and posting service. Although businesses are welcome, businesses must not use the site for any illegal or unauthorized purpose and must take all appropriate measures to report business earnings and comply with obligations under income and payroll tax provisions as they are required by the laws of Bermuda to do so. Frendliest Skillit reserves the right to take all appropriate legal action when applicable. Frendliest Skillit reserves the right to terminate your use of the Site and Services in its sole discretion at any time and your use of the Site and Services is with the revocable permission of Frendliest Skillit.

12.7 Website Usage
As a seller, you may create an account at no cost and, as a no-cost account holder you will have the ability to participate in some, but not all, of the features and services available on the Site and within the Services.

12.8 Chargeback Obligation
A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions. You acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Buyers through Frendliest Skillit, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals. You agree that we may reverse any such payments or withdrawals made to you, which are subject to chargeback or reversal instruction via your bank, payment product issuer or third parties (such as payment processors).

13. No Joint Venture

Frendliest Skillit does not serve as an employer of any user or any seller using our site and users are in no way legally affiliated with Frendliest Skillit other than as may be described by the Terms of Service. You agree that neither you, nor Frendliest Skillit, intends to create an independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship and thus no such relationships are created. FRENDLIEST SKILLIT EXPRESSLY DISCLAIMS ANY LIABILITY ARISING BETWEEN USERS OF THE SITE OR SERVICES.

14. Only User

You hereby agree that you will be the sole user of your account, that no other individuals are authorized to use your account, and that you are responsible for all use of your account and activity thereon. You agree to contact Frendliest Skillit immediately upon discovering or suspecting unauthorized use of your account.

15. Account Security

At the time a user creates an account, he/she will be required to create a password for such account. At the time of withdrawing funds, you will be required to request a secure code. You are responsible for a) maintaining the security of your password and secure code, b) all activity occurring on your account, c) logging out of your account at the end of each session, whether on a personal or public device, and d) notifying Frendliest Skillit of any actual or suspected unauthorized use of your account.

We do not store your password or secure code. You are solely responsible for securing these. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password or secure code. Your User Account is yours only, and you must not share your password with others. Please use enhanced caution whenever accessing your account from a public computer.

We encourage all users to:

Use Strong Passwords which consists of at least six characters (the more characters, the stronger the password) that are a combination of letters, numbers and symbols (@, #, $, %, etc.)

Store your password and secure code in a password-protected environment

Avoid reusing previously used passwords

Change your password immediately if there is any suspicion that your password could be compromised

16. Funds

Funds earned or associated with your User Account (e.g – available revenue) are held by us in our operating accounts held by our financial institution. Funds associated with your User Account are not held separately by us, and may be commingled with our general operating funds, and/or funds of other users Accounts. You are not entitled to any interest or other earnings for funds that are in your Account.

We may receive interest on funds held by us in our operating accounts from our financial institution with whom we hold our operating accounts. Any such interest earned belongs to us and we will not be liable to any User for any imputed interest on such funds.

We reserve the right to collect any funds owed to us by any other legal means.

You acknowledge and agree that:

1. we are not a bank, deposit-taking business or other licensed financial institution and do not provide banking services or any financial services to you;
2. to the extent that we are required to release funds from your user account to you, you will become our unsecured creditor until such funds are paid to you;
3. we are not acting as a trustee or fiduciary with respect to such funds or payments;
4. funds may only be applied to your user account, or released from your user account, by us and you must only use the mechanisms available on the site to pay for services or request available revenue withdrawals.
5. any refunds required to be processed in your favour will be returned only to the source of the original deposit, and cannot be redirected to any other payment source;
6. Any withdrawal request required to be processed in your favour will be made only to the bank account on file, associated with your user account or initially used to make the Skillit order. Withdrawal request and cannot be redirected to any other payment source
7. we will hold funds in respect to the amount associated with your user account in an account held by us with our financial institution (or in any manner that we decide in our sole discretion from time to time) and such funds are not segregated into a separate account; and
8. we may commingle your funds with funds of other Users and our own funds and such commingled funds could be used to pay other Users or for our general corporate purposes or otherwise, however, we will remain obliged to fulfil withdrawal request or provide refund funds at your direction in accordance with this Terms of Service.

17. Not a Deposit Taking Business

Frendliest Skillit and Frendliest Local is not in the business of accepting deposits, deposit-related concepts or lending of money. We act solely as a safeguard to the performance of services offered on our platform. User are prohibited from circumnavigating this website’s functional design and using it in a way that resembles activities conducted by a legitimate deposit-taking business. We consider that activity unlawful and illegal which may result in being reported to the authorities. Frendliest Skillit take measures to prevent such behavior by implementing an easy way to distribute a user’s available revenue, and a reminder system to prevent holding funds on a consistent and long-term basis.

18. Limits & Fraud Prevention

We reserve the right to suspend a User withdrawal request if the source of the funds is suspected to be fraudulent. If we become aware that any funds received into a User Account from another User Account as a result of a fraudulent transaction, this will be reversed immediately. If those funds have already been released to you, you must pay the funds bank to Frendliest Skillit. If you do not do so, we may suspend, limit or Terminate your account, or take action against you to recover those funds.

We may, in our sole discretion, place a limit on any or all of the funds in your user account (thereby preventing any use of the funds) if:

1. we believe there may be an unacceptable level of risk associated with you, your user account, or any or all of your transactions, including if we believe that there is a risk that such funds will be subject to reversal or chargeback;
2. we believe that the beneficiary of the payment is someone other than you;
3. we believe that the payment is being made to a country where we do not offer our Service;
4. we are required to do so by law or applicable law enforcement agencies.

If you are involved in a Skillit dispute, we may (in certain circumstances) place a temporary limit on the funds in your user account to cover the amount of any potential liability. If the dispute is resolved in your favor, we will lift the limit on your funds and those funds may be released to you. If the dispute is not resolved in your favor, we may remove the funds from your Account. We may also place a limit on your account in circumstances where we suspect you of fraudulent or other unacceptable behavior, while we investigate any such matter.

19. Chargebacks

1. A chargeback (being a challenge to a payment that a User files with their card issuer or financial institution), and any subsequent reversal instruction, is made by the payment product issuer or third parties (such as payment processors) and not by us. We are bound to follow such instructions.

2. As a seller, you acknowledge and agree that we will be entitled to recover any chargebacks and reversals that may be imposed on us by a payment product issuer or third parties (such as payment processors) on funds paid to you by Buyers through Frendliest Skillit, as well as any processing or any other fees whatsoever incurred by us on those chargebacks and reversals.

3. You agree that we may reverse any such payments or withdrawals made to you, which are subject to chargeback or reversal instruction via your bank, payment product issuer or third parties (such as payment processors).

4. As a buyer, If you initiate any chargeback request or other “Request for Information” or similar process, you expressly agree and consent to us to share any and all information in relation to your agreement of these Terms of Service, in order to defeat any such chargeback request.

5. If you have already initiated a chargeback request with your credit card issuer, you must not request a refund of funds by contacting us and must not seek double recovery.

6. If we reasonably determine, having considered all the relevant circumstances, that you have made an excessive or unreasonable number of requests to refund funds back to you or chargebacks, we may suspend, limit or close your Account.

20. Currencies

1. The primary currency of Frendliest Skillit is USD.

2. As an international buyer, conversion rates are based on a conversion from the originating currency using indicative market exchange rates. You understand and agree that these rates are only indicative, and the amount specified in the origin currency is the actual amount. You are responsible for all risks associated with converting and maintaining funds in various available currencies, including but not limited to the risk that the value of these funds will fluctuate as exchange rates change, which could result in decreases in the value of your funds in aggregate. You must not use (or attempt to use) the Website to engage in speculative trading, which could result in substantial losses. We are not a financial services provider.

21. Information Provided by Users

It is the responsibility of users to provide accurate, timely, updated and complete information to us when creating an account and using the Site and Services and we are not responsible for any claims or disputes related to any incomplete, inaccurate or untimely information provided by you to us. In addition, we are not responsible for the misuse or misappropriation of any content or information you post in any publicly viewable forum such as your profile or reviews. As to any content, information or materials you provide to the Site or to other users of the Site, you represent and warrant that you have the right to use and share such content, information or materials. You hereby irrevocably grant to us a perpetual, non-exclusive license to use any content, information or materials provided by you to us in public forums in any way that we, in our sole discretion, determine to use it.

22. User-Generated Content and Intellectual Property Rights

User Generated Content ("UGC") refers to the content added by users as opposed to content created by the Site. All content uploaded to Frendliest Skillit by our users (Buyers and Sellers) is User Generated Content. Frendliest Skillit does not check user uploaded/created content for appropriateness, violations of copyright, trademarks, other rights or violations.

You, as a user, are solely responsible for all content you share, provide, produce, display, publish, or disseminate to other users whether such action was taken by you or by Frendliest Skillit, with your express authorization. We reserve the right to delete any such content that, in the sole discretion of Frendliest Skillit, violates these Terms of Service or which may fall under ‘Prohibited Activities’. Users are prohibited from posting, sending, sharing, or distributing any materials or content that they do not own or have permission to use. In addition to the termination of your account, violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and civil or criminal penalties. Any use of such Proprietary Material is expressly prohibited without the prior permission of Frendliest Skillit or the relevant right holder or as otherwise permitted therein. All Proprietary Rights are protected in all forms and through all media and technologies now known or hereinafter developed. Users are prohibited from copying, downloading, using, redesigning, reconfiguring, or retransmitting any of the Proprietary Rights without Frendliest Skillit prior express written permission, unless such use falls under an exception. We invite everyone to report violations together with proof of ownership as appropriate to Customer Support ([email protected]). Reported violating content may be removed or disabled.

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers. For specific terms related to Intellectual Property rights and for reporting claims of copyright infringement or trademark infringement - please read our Intellectual Property Policy

23. Fees and Charges

We charge fees for certain services, such as a 15% commission fee for a completed Skillit. You can view the fees associated with Frendliest Skillit by visiting our Fees & Charges page. The fees and charges on this page may change from time to time and updates will be placed on our Site. We may choose to temporarily change the fees for our services for promotional events (for example, discounts) or new services, and such changes are effective when we post a temporary promotional event or new service on the Websites, or as notified through promotional correspondence. Unless otherwise stated, all fees are quoted in US  Dollars.

24. Taxes

You are responsible for paying any taxes, including any goods and services or value-added taxes, which are applicable to the laws of Bermuda or, in the case of international buyers, your applicable jurisdiction. As a seller on Frendliest Skillit, you acknowledge that you must comply with your obligations under income and payroll tax provisions of Bermuda.

25. Termination

The Terms of Service becomes effective immediately upon your use of the Site or Services and remain in full force and effect during the duration of your use of the Site including the duration your account is open, regardless of your activity thereon.

As a user, you may terminate your account at any time by emailing Customer Support ([email protected]), submitting a Support Ticket, or sending a written notice of termination to Frendliest Skillit Attn: Termination of Account, 14 Paynter Lane, Sandys, SB02, Bermuda. You may be asked to provide a reason for your termination. If you terminate your account during an active Skillit, any Skillit will be automatically canceled and any refund due to the buyer or revenue due to the seller will depend upon the applicable cancellation policy. We may retain some of your personal information to satisfy regulatory requirements and our own external obligations. Closing your account does not necessarily delete or remove all of the information we hold.

Frendliest Skillit may immediately, in its sole discretion and without notice terminate any user account, this Agreement or suspend the services available to you if you fail to comply with this Agreement or if:

1. You no longer agree to receive electronic communications;
2. you have materially breached these Conditions;
3. you have provided incomplete information during the Frendliest Skillit Account registration
4. you have breached applicable laws; or
5. Frendliest Skillit believes that such action is necessary to protect the safety or property of other Users, Frendliest Skillit or third parties for fraud prevention, risk assessment, security or investigation purposes.

If notification is warranted, we will notify you of such termination via the most recent email address you have provided to us. Such notification is not required to be sent prior to termination of your account. If we close your Account due to your breach of this Terms of Service, you may also become liable for certain fees as described in this Terms of Service. Without limiting our other remedies, to the extent you have breached this Terms of Service, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You acknowledge and agree that: (1) the damages that we will sustain as a result of your breach of this Terms of Service will be substantial and will potentially include (without limitation) fines and other related expenses imposed on us by our payment processors and Users and that those damages may be extremely difficult and impracticable to ascertain; (2) if you breach this Terms of Service, we may take legal action against you to recover losses. You will not be entitled to any refunds of applicable fees if we terminate your account due to your breach the Terms of Service, Privacy Policy or any other Frendliest Skillit policy. Upon termination, you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Frendliest Skillit rights to any payments due to it. ALL ACCOUNT TERMINATION DECISIONS ARE IN FRENDLIEST SKILLIT SOLE DISCRETION AND WE ARE NOT REQUIRED TO GIVE REASON FOR TERMINATION. AFTER TERMINATION, THE TERMS OF SERVICE REMAIN ENFORCEABLE AGAINST THE USER AND, WHEN POSSIBLE AND APPLICABLE, ALL TERMS AND CONDITIONS OF THE TERMS OF SERVICE SHALL SURVIVE TERMINATION. IN THE EVENT THAT WE CLOSE YOUR ACCOUNT, YOU WILL HAVE NO CLAIM WHATSOEVER AGAINST US IN RESPECT OF ANY SUCH SUSPENSION OR TERMINATION OF YOUR ACCOUNT.

26. Privacy

We use your information as described in the Frendliest Skillit Privacy Policy. If you object to your information being transferred or used in this way, then you must not use our services. For the avoidance of doubt, your name, username and personal details shall be used for identity purposes in the normal course of conducting business on this site. This may include on invoices, on your profile pages etc.

27. Reliance on the Site

You agree that Frendliest Skillit is not responsible for your reliance on any information or content made available through the Site or Services, other than that provided directly by Frendliest Skillit, and the authors of such information and content are solely responsible for such content. Frendliest Skillit does not guarantee the accuracy or completeness of any information on the Site or the Services or adopt, enforce or accept responsibility for the accuracy or reliability of any statement made by any party that appears on the Site or Services. You agree that Frendliest Skillit will under no circumstances be responsible for any loss or damage resulting from your reliance on information or content on the Site or Services.

28. Modifications to the Website

Frendliest Skillit reserves the right to evaluate, improve, amend, or temporarily or permanently discontinue the Site or Services or any content or information thereon with or without providing notification to users. You agree that we are not liable to you or any third party for any modification or discontinuance of the Site or Services. Additionally, you have the same rights with respect to any content that you post, share with, or introduce to the Site or Services.

29. Website Resiliency

Frendliest Skillit does not provide any guarantee that it will continue to maintain its website or offer its services for any specific period of time. Moreover, Frendliest Skillit does not guarantee that its website will be active and available at all times, or that it will be free from technical problems that disrupt its operation. In the event Frendliest Skillit were to cease operating its Website and/or cease offering its services, such action would not affect your duty to complete active Skillits.

30. Force majeure

Neither party shall be in breach of these Conditions nor liable for delay in performing, or failure to perform, any of its obligations under the Conditions if such delay or failure result from events, circumstances or causes beyond its reasonable control (Act of God [e.g. Hurricane], power outage, system failure of host, security breach, etc)

31. Links

Frendliest Skillit may offer products and services on behalf of third parties and may contain links to third-party websites or resources.

Frendliest Skillit is not affiliated with these third-party products or third-party sites. Frendliest Skillit does not endorse or recommend third-party products even if such products are marketed or distributed via our products, website or associated with Frendliest Skillit in any way.

Frendliest Skillit does not control and is not responsible for the content of such websites, nor do we endorse any such websites. You acknowledge that all links on our Site are provided for your convenience only. It is your responsibility to evaluate the content on other websites and you enter all third-party websites at your own risk. All such websites are governed by the privacy policies and terms and conditions of those sites and not by our Terms of Service or Privacy Policy.

You hereby agree that the third parties, and not Frendliest Skillit, are solely responsible for the Third-Party Product's performance (including technical support), the content on their websites and their use or disclosure of your data. Frendliest Skillit will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third-Party Sites.

32. Limitations of Use

We reserve the right to place limitations on your account in order to maintain the performance and availability of the Site and to enforce the Terms of Service. Such limitations supersede all special offers made by us and the limitations may be enforced at our sole discretion. You agree to contact our Customer Support ([email protected]) with any concerns you have over the limitations on your use and you agree to abide by any determinations made by the Customer Service Representative.

33. Notification of Acts Contrary to Terms of Service

Should you believe that you are entitled or required by law to act contrary to these Terms of Service, you agree to provide Frendliest Skillit with a detailed and authenticated explanation of your reasoning in writing at least thirty (30) days before you act contrary to these Terms of Service. Such advanced notice will allow us to evaluate whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are not required to provide such alternative remedy.

34. Frendliest Skillit Applications

Frendliest Skillit may offer Services through various applications including applications on smartphones, iPads and similar devices, and interactive plugins distributed on other websites (“Applications”). By using these Applications, you explicitly agree to these Terms of Service and any other agreements required to download the Applications and you agree that various information including, but not limited to, your device on which you utilize to access the Applications, mobile carrier, internet access provider, physical location, websites containing plugins, etc. may be communicated to us. If you import any content through any Application, you represent that you have the authority to share such content with your mobile carrier, internet access provider, or other provider. Should you change numbers or deactivate your mobile account, please ensure that you update your account information to reflect such a change and any failure to do so is solely your responsibility. You are solely responsible for all charges related to your use of the Frendliest Skillit Applications on your mobile devices.

35. Customer Support

Customer support can be reached either through creating a Support Ticket or emailing Customer Support ([email protected]). At times, it may take up to 24hrs for customer support to respond to you. Please note, our Bermuda time zone is UTC-04:00. If you have any questions regarding the Site or Terms of Service, you can create a Support Ticket or email Customer Support ([email protected]). Frendliest Skillit provides assistance to its users through its small team of customer support members. Communications between you and our customer support representatives may be recorded for quality assurance purposes and you are prohibited from being abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or otherwise inappropriate toward our customer care representatives. We reserve the right to immediately terminate your account, and you will not be entitled to any refund, if we, in our sole discretion, feel that you have mistreated our customer support representatives in any way.

36. Amendments to the Terms of Services

Frendliest Skillit reserve the right to amend this Terms of Service at any time. When these changes are made, Frendliest Skillit will make a new copy of the Terms of Service available on this page. You understand and agree that if you use Frendliest Skillit after the date on which the Terms of Service have changed, Frendliest Skillit will treat your use as acceptance of the updated Terms of Service.

37. Waiver

Failure by Frendliest Skillit to enforce any provisions of these Terms of Service shall not be construed as a waiver of any provision or right. These Terms of Service constitute the entire agreement between you and Frendliest Skillit with respect to the Site and Services. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.

38. Governing Law and Arbitration

This Terms of Service will be construed in accordance and governed by the laws of Bermuda, without regard to its conflicts of law principles, and the parties submit to the exclusive jurisdiction of the Bermuda courts. The validity, interpretation and enforceability of this Terms of Service shall be governed by the laws of Bermuda. Any action brought to enforce this Terms of Service shall be brought in Bermuda and subject to the limitations and exclusions of liabilities provided for in this Terms of Service.

Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Terms of Service, or any infringement (or apprehension of infringement) of Frendliest Skillit or Frendliest Local may cause Frendliest Skillit irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Frendliest Skillit shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Frendliest Skillit rights under this Terms of Service.

By using the Site or Services in any way, you agree that any claim or controversy arising out of the use of the Site or Services or relating to an alleged breach of the Terms of Service shall be settled exclusively by binding arbitration in accordance with the arbitration rules of Bermuda. You agree to give up your right to go to court to assert or defend any claims between you and Frendliest Skillit and your right to participate in a class action or other class proceeding. Claims and controversies must be arbitrated on an individual basis and may not be consolidated with any other claims or controversies. Judgment on the arbitration award must be entered into the Bermuda courts. You or Frendliest Skillit may seek any preliminary or interim relief from the Bermuda courts that is necessary to protect the rights of property pending the completion of arbitration. Any proceeding required to enforce this arbitration agreement must be commenced in the Bermuda courts. In the event that this Terms of Service is held to be unenforceable, any litigation against Frendliest Skillit must be commenced only in the Bermuda courts and you hereby irrevocably consent to the jurisdiction for such purposes.

As a Bermuda company we are obligated to comply with the standard for Electronic Transactions as expressed in the Electronic Transactions Act 1999

39. Release

IN THE EVENT THAT YOU BECOME INVOLVED IN A DISPUTE WITH ONE OR MORE OTHER USERS, YOU HEREBY RELEASE FRENDLIEST SKILLIT FROM ALL CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, IN ANY WAY CONNECTED WITH SUCH DISPUTES.

40. Indemnification

BY AGREEING TO THE TERMS OF SERVICE, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS, ON A CONTINUING BASIS, FRENDLIEST SKILLIT FROM AND AGAINST ALL CLAIMS, LOSS, EXPENSE OR DEMAND OF LIABILITY (INCLUDING ATTORNEYS’ FEES) AND COSTS INCURRED BY US IN CONNECTION WITH ANY CLAIM BY A THIRD PARTY ARISING OUT OF A) YOUR FAILURE TO COMPLY WITH THE TERMS OF SERVICE IN ANY WAY, B) YOUR SUBMISSION OF MATERIALS OR CONTENT ON THE SITE OR SERVICES, OR C) ANY ACTIVITY IN WHICH YOU ENGAGE ON OR THROUGH THE SITE OR SERVICES. YOU FURTHER AGREE THAT YOU WILL REASONABLY COOPERATE IN THE DEFENSE OF ANY SUCH CLAIMS.

41. Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FRENDLIEST SKILLIT NOR ANY PERSON ASSOCIATED WITH FRENDLIEST SKILLIT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE IS IN ACCORDANCE WITH APPLICABLE LAW.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

42. Limitation on Liability

IN NO EVENT WILL FRENDLIEST SKILLIT, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR AND DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, GENERAL, SPECIAL OR EXEMPLARY DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF USE OR CORRUPTION OF SOFTWARE, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Entire Agreement

This Terms of Service constitutes the entire agreement between the parties and supersede and extinguish all previous agreements, communications, promises, assurances, warranties, representations and understandings between them, whether written or oral, regarding its subject matter. If any provision of these Terms of Service is found to be invalid, void or unenforceable by a Court of Bermuda, the remaining provisions shall be enforced to the fullest extent possible, and the remaining Terms of Service shall remain in full force and effect, and to this end, the provisions hereof shall be deemed severable. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable by a Court of Bermuda, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of the Contract. If any provision of this Terms of Services is inconsistent with the user terms, this Terms of Services will take precedence to the extent of the inconsistency.

This agreement cannot assign or transfer ownership of this Terms of Service to anyone without written approval of Frendliest Skillit’s. However, Frendliest Skillit’s may assign or transfer it without your consent to:

• (a) an affiliate;
• (b) a company through a sale of assets by Frendliest Skillit’s or;
• (c) a successor by merger
• Any assignment in violation of this Section shall be void. If you want to request a transfer of this Terms of Service, contact Frendliest Skillit’s Customer Support ([email protected])
• These Terms of Service inure to the benefit of Frendliest Skillit, its successors, and assigns. Any notice or communication to be given hereunder shall be in writing and given by postpaid registered or certified mail return receipt requested, or electronic mail.

Each party acknowledges that in entering into the Contract it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract. Nothing in this clause shall limit or exclude any liability for fraud.