General Conditions of Use
up2dateSKILLS.com domain ownership
The domain up2dateSKILLS.com is hosted on SiteGround and owned by Joana Silva (hereinafter up2dateSKILLS), with the tax identification number PT205022030, with the proper authorization from the Portuguese Tax and Customs Authority for the exercise of commercial activity and provision of services.
Purpose and scope
These General Conditions of Use apply to visitors, registered users and/or clients of up2dateSKILLS.com and its pages social media, as well as clients who choose to place orders by email, without resorting to the website (all hereinafter commonly referred to as users). Navigation on the website, as well as the purchase of any product or service from up2dateSKILLS implies the acceptance of these General Conditions of Use by the users. Up2dateSKILLS reserves the right to change these General Conditions of Use without prior notice. All changes will be published on the website.
Access to the website
Up2dateSKILLS is not responsible for losses resulting from any interruptions in users’ access to the website. Up2dateSKILLS will try to provide an uninterrupted access to the website; however, it reserves the right to suspend, limit or interrupt access to the website or certain pages, without prior notice, in order to carry out maintenance interventions or any other action deemed necessary for the website to operate safely and in the best way possible.
Users undertake to comply with these General Conditions of Use, paying special attention to the following points: (1) keep and do not disclose their access password, in order to prevent third parties from accessing their account and services; (2) don’t use false identities; (3) correctly indicate the billing and shipping data; (4) don’t share any harmful information, in any way, that could be harmful to third parties, to the website or to the website owner. Users acknowledge that up2dateSKILLS has the right to limit or remove their rights to access the website, including deleting their account, if up2dateSKILLS believes users are in breach of these General Conditions of Use. Such measures can be taken at any time and without notice.
To safeguard users’ privacy, up2dateSKILLS assures that the collection and processing of users’ data is done in accordance with the General Data Protection Regulation (GDPR). To this end, an HTTPS protocol was implemented that encrypts users’ data using an SSL digital certificate and the website is regularly maintained to respond to constant updates in terms of security and optimization. The collection of users’ data by up2dateSKILLS is carried out through forms. The information provided by users is used for the operation of the website, the commercial activity and/or for the provision of services: order processing; information requests and complaints; communication with users, information on products and/or services as long as previously agreed; statistical analysis; website security and satisfaction surveys. Sensitive payment data aren’t collected nor stored in our system. Payments are made via secure partners (IfthenPay and PayPal). Users have, at any time and for any reason, the right to access, modify, rectify and delete any personal data that they have transmitted when using the website. To exercise their rights, users can request the deletion or alteration of their data using up2dateSKILLS e-mail address (firstname.lastname@example.org).
Website content and information about products and services
The reproduction, transfer, distribution or storage of any content from up2dateSKILLS.com or its accounts on social media, without prior written authorization granted by the domain owner, is prohibited for purposes other than strictly personal use. Up2dateSKILLS reserves the right to modify, at any time and in compliance to EU regulations, the information and commercial offer presented on: products, prices, promotions, commercial conditions and services. Prices will be displayed with VAT if applicable. The photographs of products presented on the website are merely illustrative and may be slightly different from the physical product, especially with regard to colors and additional decorative objects; hence up2dateSKILLS recommends consulting the detailed description of the product to understand exactly what it includes. All products and services sold by up2dateSKILLS are in compliance with Portuguese legislation; users from other countries should check the conditions imposed by their local authorities. Up2dateSKILLS declines any responsibility in case of violation of the legislation of the country where the order is delivered.
Value Added Tax (VAT)
Up2dateSKILLS is based in Portugal, an EU member state, and applies Portuguese Value Added Tax (VAT) regulations. These rules are based on VAT regulations drawn up by the EU.
Value Added Tax (VAT) is a tax applied to nearly all goods and services that are bought and sold for use or consumption in the European Union (EU). When buying from and to an EU member state, Value Added Tax (VAT) is due. VAT isn’t charged on exports of goods to countries outside the EU. However, some countries outside the EU may charge an import duty.
For further information, please visit Your Europe, an EU site designed to provide information on EU rules and how they are applied in each EU member state.
Placing orders and enrolling in virtual courses
To make purchases or access courses at up2dateSKILLS.com or its social pages, it is necessary to register as a user. Registered users will be given access to a personal account, where they can check all purchases, courses, and downloadable resources. Registration is a simple process, carried out by filling out a form. After registration, users must follow all the steps to purchase products or services so that the process can be successfully finalized. The validation of the purchase order implies that users have become aware of and expressly accept these General Conditions of Use. The data recorded in the up2dateSKILLS.com system are evidence of the transactions carried out and will be kept for accounting purposes and for the purposes associated with the commercial transactions that have occurred. Sensitive payment data aren’t collected nor stored in our system. Payments are made via secure partners (IfthenPay and PayPal). After making a purchase, users will receive at least three emails (1) an automatic confirmation email; (2) an email informing when the products are ready to ship or download; and (3) an email with the invoice. Additional emails may be sent depending on the products ordered. Users are responsible for confirming the accuracy of the data sent. Under the terms of Decree-Law no. 7/2004 of 7 January (with the changes made by Decree-Law no. 62/2009, of March 10 and Law no. 46/2012, of August 29), regarding electronic commerce, up2dateSKILLS reserves the right to unilaterally cancel the order whenever a programming error occurs. Up2dateSKILLS declines any responsibility for any delay or impossibility of delivering the order, caused by errors or insufficiency of the data communicated by the users.
All products and services identified on the website are subject to availability of stock and possible updating. During the administrative and logistic process, prior to shipping, if up2dateSKILLS detects an incorrect price or finds it impossible to deliver, (1) up2dateSKILLS refunds the difference if the current price is lower than the price published on the website; (2) up2dateSKILLS interrupts the order processing and waits 14 days for the approval of the new price proposal or refund request by the user; or (3) up2dateSKILLS notifies the user of any inability to deliver and refunds the user within 14 days of the date on which the inability to deliver was communicated. Up2dateSKILLS only processes an order after confirmation of the respective payment.
Licenses for online courses and downloadable digital resources
(1) Online Courses
When a user purchases an online course on up2dateSKILLS platform he/she is being granted a license for individual use. This means that buying a course grants permission for use by one user or one student. Course content cannot be shared, given away, distributed, or sold. Additional licenses must be purchased at up2dateSKILLS online store.
(2) Resources Licensed for Individual Use
Most digital resources on up2dateSKILLS are licensed for individual use. This means that purchasing a digital resource grants permission for use by one user, one teacher in his or her own classroom, one homeschool parent with his/her children, or one student. Such resources cannot be shared, given away, distributed, or sold. Copying for more than one user is prohibited. Additional licenses must be purchased at up2dateSKILLS online store. The type of license will be clearly stated in the product description.
(3) Resources Licensed for Commercial Use
up2dateSKILLS also sells resources specifically designed and licensed for commercial use. If a resource is licensed for commercial use, the type of license will be clearly stated in the product description. Here is an overview of what buyers have to comply with:
✓ Permission is required
Buyers who intend to sell or share resources made from up2dateSKILLS templates must send an email to info@up2dateSKILLS.com requesting permission to use the chosen resource. Buyers will receive a reply granting them lifetime permission to use the resource. The email serves as proof of the permission granted by up2dateSKILLS.
✓ Attribution is required
Buyers who use up2dateSKILLS templates to make a commercial product or a sharable product must give simple credit to up2dateSKILLS in the product description or in the resource itself (example: Resource created with templates from up2dateSKILLS).
✓ Resources have to be adapted
Buyers can’t sell nor redistribute unaltered copies of our resources even those licensed for commercial use, i.e. resources have to be adapted for the purpose they were created (buyers have to add content).
When purchasing products or services at up2dateSKILLS.com or its social pages, several payment methods are accepted. Sensitive payment data aren’t collected nor stored in our system. Payments are made via secure partners (IfthenPay and PayPal).
All the payment options available for your order will be provided during checkout.
With PayPal you can choose different payment methods. PayPal allows payments with your PayPal account. If you don’t have a PayPal account, PayPal allows you the use of VISA, MasterCard, American Express and Discover cards and bank account debit in some countries. Simply click the yellow PayPal button and pick which method you want to use.
With IfThenPay you can choose different payment methods: (a) Referência Multibanco is available to customers of Portuguese banks; (b) MBWay; (c) PayShop; and (d) Credit Card.
(3) Direct bank transfer
Direct bank transfer, more commonly known as direct bank/wire transfer, is a payment method available for services provided on a monthly basis or when buying physical products. Failure to pay the order within 5 days after the date on which it was definitively placed implies its automatic cancellation.
Shipping and shipping costs
Digital products (courses and resources) do not require shipping and can be downloaded by the users, as soon as up2dateSKILLS receives confirmation of payment. The shipping costs vary according to the total weight of the products in a specific order as well as the destination of the order. Shipping costs are calculated during the order process upon providing an address. Physical products usually ship 48 hours after confirmation of payment. Please note this is an estimated time and it might vary according the amounts ordered. In addition to the 48-hour processing time, the shipping time is added depending on the carrier and the destination of the order. As soon as the order is shipped, users receive an informative email with the estimated delivery date and a tracking number if available. Any delay in shipment does not give users the right to any compensation. Note that the delivery time depends on the action of third parties, so the indicated dates are merely indicative. In national mainland territory (Portugal), the delivery time varies between 3 and 10 working days. In times of calamity or in the event of any type of constraint that may prolong shipping time, users will receive an email notification informing the status of the order.
Cancellations, exchanges, returns and refunds
The following terms and conditions apply to purchases of physical products made on the up2dateSKILLS.com, on its social pages and/or via email. Under the terms of the right of free resolution, users have 14 business days to return products on physical support, as soon as the order is received. Users can do so, provided the following conditions are met: (1) upon presentation of the product purchase invoice; (2) the product must be in the same condition in which it was sold – without damage or signs of use, packaged in its original packaging and accompanied by all components; (3) sealed products must be kept sealed. To do so, users must first contact up2dateSKILLS by email (info@up2dateSKILLS.com), which will provide all information about the return process. In the event of exercising the right of free resolution, users will fully bear the costs of returning the goods. All items will be checked upon arrival at our premises and only those which meet the above return conditions will be accepted for exchange or return. The following contracts are excluded from the Right of Free Resolution: (1) products customized at the users’ request; (2) products produced in large volume at users’ request; (3) digital content not provided on material support (courses and resources) if its execution starts with the users’ consent and if users recognize that his/her consent implies the loss of the right of free resolution (more information on digital resources on the next paragraph).
When you purchase digital content – such as up2dateSKILLS digital resources or courses – you are agreeing that you will lose your right of withdrawal by starting the performance (e.g. after downloading). In other words, if you purchase digital content you cannot withdraw or ask for a refund after downloading a resource or starting a course.
In case of refund, up2dateSKILLS informs that they will be made via direct bank transfer. The refund includes shipping costs paid at the time of ordering, only if the order is returned in full and in perfect condition. If users request an alternative delivery method to the one proposed on the website, the value of the shipment will not be refunded. The refund will only be made after up2dateSKILLS has received the returned goods and after checking their condition.
Resolving complaints and disputes online
Up2dateSKILLS provides protection to the consumer through a variety of measures as shared in these General Conditions of Use. Tell us about your consumer problem and we will do all we can to find suitable options for resolving it in compliance with consumer legislation. In accordance with the rules applicable to consumer protection, consumer disputes must first be entrusted in writing to up2dateSKILLS (via email info@up2dateSKILLS.com or by registered post to Rua João Chagas, 98 – 4445-405 Ermesinde – Portugal). After prior steps have been taken in writing by consumers with up2dateSKILLS, any consumer disputes which have not been resolved may be referred to the Online Dispute Resolution platform. The platform was set up by the European Commission and aims to facilitate the online independent and out-of-court settlement of disputes between consumers and EU traders.
Please note that up2dateSKILLS is dedicated to commercial activity strictly online, so it does not have a physical store open to the public. Any clarification related to the website up2dateSKILLS.com or these General Conditions of Use, users can contact up2dateSKILLS via the following means:
Travessa do Pinheiro, 105
* Communication by post must be made by registered mail.