A Company Of

JDH Investments Ltd

SKILLSTACK

Ltd

Forewords

  • This Website (or this Application): The property that enables the provision of the Service.
  • Agreement: Any legally binding or contractual relationship between the Owner and the User, governed by these
    Terms.
  • Owner (or We): SkillStack – The natural person(s) or legal entity that provides this Website and/or the Service to
    Users.
  • Service: The service provided by this Website as described in these Terms and on this Website.
  • Terms: Provisions applicable to the use of this Website and Services in this or other related documents, subject to
    change from time to time, without notice.
  • User (or You): The natural person or legal entity that uses this Website.


This document is an agreement between You and SkillStack. You acknowledge and agree that by accessing or
using this website or using any services owned or operated by this website, you have agreed to be bound and abide
by these terms of service ("Terms of Service"), our privacy notice ("Privacy Notice") and any additional terms that
apply.


These Terms govern:

  • The conditions of allowing the use of this website, and,
  • Any other related Agreement or legal relationship with the Owner in a legally binding way.
  • Capitalised words are defined in appropriate sections of this document.
  • The User must read this document carefully.


If you do not agree to all of these Terms of Service and any additional terms that apply to you, do not use this or our
associated websites.


Nothing in these Terms creates any special relationship such as a joint venture, employment, agency, or
partnership between the involved parties.


Owner contact email: help@skillstack.co.nz


Content on our Websites

Unless otherwise specified, all Website Content is provided or owned by the Owner or its licensors.

The Owner has taken efforts to ensure that the Website Content does not violate legal provisions or third-party rights.
However, it's not always possible to achieve such a result. In such cases, the User is requested to report complaints
using the contact details specified in this document.


Rights regarding content on this Website – All rights reserved

The Owner reserves and holds all intellectual property rights for any such content.

Users may therefore not use any such content in any way that is not necessary or implicit in the proper use of the
Website/Service.


Acceptable Use

This Website and the Service may only be used within the scope of what they are provided for, under these Terms and
applicable law.

Users are solely responsible for making sure that their use of this Website and/or the Service violates no applicable
law, regulations or third-party rights.


Liability and Indemnification

Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers,
directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental,
special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use,
data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.


Indemnification

The User agrees to defend, indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-
branders, partners and employees harmless from and against any and all claims or demands, damages, obligations,
losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from the
User's use of and access to the Service, including any data or content transmitted or received by User.


Refund Policy

We offer a 30-day money-back guarantee for all of our products, subject to the following conditions:

  • You are NOT eligible for a refund if you request it on the same day of purchase, without implementing and seeing
    results for yourself.
  • To be eligible for a refund, customers must provide constructive feedback explaining what specifically didn't meet
    their expectations.
  • Valid refund reasons do NOT include: "This doesn't apply to me", "This wasn't what I expected", "I'm dissatisfied", "This
    wasn't what I was looking for" or asking for a refund just because we have a money-back guarantee. This policy is
    in place to protect the integrity of our products and to prevent potential misuse.


Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system
updates or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide
to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to
enable them to withdraw Personal Data or information in accordance with applicable law. Additionally, the Service
might not be available due to reasons outside the Owner's reasonable control, such as "force majeure" (eg. labor
actions, infrastructural breakdowns or blackouts etc).


Privacy Policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Website.


Intellectual Property Rights

Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this
Website are the exclusive property of the Owner or its licensors.


Changes to these Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will
appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the
future. The User's continued use of the Website and/or the Service will signify the User's acceptance of the revised
Terms.


Governing Law

These Terms are governed by the law of the state of Nelson, New Zealand, without regard to conflict of laws principles.


Venue Of Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the
courts of Nelson, New Zealand.


Contact Information

If you have any questions about these Terms, please contact us at email: help@skillstack.co.nz


By using this website, you acknowledge that you have read, understood, and agree to be bound by these Terms and
Conditions.

Terms & Conditions

Privacy Policy

Last updated: June 27, 2024


This Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your
information when You use the Service and tells You about Your privacy rights and how the law protects You.
We use Your Personal data to provide and improve the Service. By using the Service, You agree to the collection
and use of information in accordance with this Privacy Policy.


Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalised have meanings defined under the following conditions. The
following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions


For the purposes of this Privacy Policy:

  • Account means a unique account created for You to access our Service or parts of our Service.
  • Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control"
    means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the
    election of directors or other managing authority.
  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to SkillStack.
  • Cookies are small files that are placed on Your computer, mobile device or any other device by a website,
    containing the details of Your browsing history on that website among its many uses.
  • Country refers to Nelson, New Zealand.
  • Device means any device that can access the Service such as a computer, a cellphone, or a digital tablet.
  • Personal Data is any information that relates to an identified or identifiable individual.
  • Service refers to the Website.
  • Service Provider means any natural or legal person who processes the data on behalf of the Company. It
    refers to third-party companies or individuals employed by the Company to facilitate the Service, to provide
    the Service on behalf of the Company, to perform services related to the Service or to assist the Company in
    analysing how the Service is used.
  • Usage Data refers to data collected automatically, either generated by the use of the Service or from the
    Service infrastructure itself (for example, the duration of a page visit).
  • Website refers to SkillStack, accessible from skillstack.co.nz
  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of
    which such individual is accessing or using the Service, as applicable.


Collecting and Using Your Personal Data


Types of Data Collected

Personal Data

While using Our Service, We may ask You to provide Us with certain personally identifiable information that can be
used to contact or identify You.

Personally identifiable information may include, but is not limited to:

• Email address

• First name and last name

• Usage Data


Usage Data

Usage Data is collected automatically when using the Service.

Usage Data may include information such as Your Device's Internet Protocol address (e.g. IP address), browser
type, browser version, the pages of our Service that You visit, the time and date of Your visit, the time spent on
those pages, unique device identifiers and other diagnostic data.

When You access the Service by or through a mobile device, We may collect certain information automatically,
including, but not limited to, the type of mobile device You use, Your mobile device unique ID, the IP address of
Your mobile device, Your mobile operating system, the type of mobile Internet browser You use, unique device
identifiers and other diagnostic data.

We may also collect information that Your browser sends whenever You visit our Service or when You access the
Service by or through a mobile device.


Tracking Technologies and Cookies

We use Cookies and similar tracking technologies to track the activity on Our Service and store certain
information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to
improve and analyse Our Service. The technologies We use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on Your Device. You can instruct Your browser to
    refuse all Cookies or to indicate when a Cookie is being sent. However, if You do not accept Cookies, You may
    not be able to use some parts of our Service. Unless you have adjusted Your browser setting so that it will
    refuse Cookies, our Service may use Cookies.
  • Web Beacons. Certain sections of our Service and our emails may contain small electronic files known as web
    beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example,
    to count users who have visited those pages or opened an email and for other related website statistics (for
    example, recording the popularity of a certain section and verifying system and server integrity).


Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile
device when You go offline, while Session Cookies are deleted as soon as You close Your web browser. Learn more
about cookies on the website article.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable
You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts.
Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies
to provide You with those services.


Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as
remembering your login details or language preference. The purpose of these Cookies is to provide You with a
more personal experience and to avoid You having to re-enter your preferences every time You use the Website.

For more information about the cookies we use and your choices regarding cookies, please visit our Cookies
Policy or the Cookies section of our Privacy Policy.


Use of Your Personal Data

The Company may use Personal Data for the following purposes:

  • To provide and maintain our Service, including to monitor the usage of our Service.
  • To manage Your Account: to manage Your registration as a user of the Service. The Personal Data You provide
    can give You access to different functionalities of the Service that are available to You as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract
    for the products, items or services You have purchased or of any other contract with Us through the Service.
  • To contact You: To contact You by email, telephone calls, SMS, or other equivalent forms of electronic
    communication, such as a mobile application's push notifications regarding updates or informative
    communications related to the functionalities, products or contracted services, including the security updates,
    when necessary or reasonable for their implementation.
  • To provide You with news, special offers and general information about other goods, services and events
    which we offer that are similar to those that you have already purchased or enquired about unless You have
    opted not to receive such information.
  • To manage Your requests: To attend and manage Your requests to Us.
  • For business transfers: We may use Your information to evaluate or conduct a merger, divestiture,
    restructuring, reorganisation, dissolution, or other sale or transfer of some or all of Our assets, whether as a
    going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Data held by Us
    about our Service users is among the assets transferred.
  • For other purposes: We may use Your information for other purposes, such as data analysis, identifying usage
    trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service,
    products, services, marketing and your experience.


We may share Your personal information in the following situations:

  • With Service Providers: We may share Your personal information with Service Providers to monitor and analyse
    the use of our Service, to contact You.
  • For business transfers: We may share or transfer Your personal information in connection with, or during
    negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of Our
    business to another company.
  • With Affiliates: We may share Your information with Our affiliates, in which case we will require those affiliates
    to honour this Privacy Policy. Affiliates include Our parent company and any other subsidiaries, joint venture
    partners or other companies that We control or that are under common control with Us.
  • With business partners: We may share Your information with Our business partners to offer You certain
    products, services or promotions.
  • With other users: when You share personal information or otherwise interact in the public areas with other
    users, such information may be viewed by all users and may be publicly distributed outside.
  • With Your consent: We may disclose Your personal information for any other purpose with Your consent.


Retention of Your Personal Data

The Company will retain Your Personal Data only for as long as is necessary for the purposes set out in this Privacy
Policy. We will retain and use Your Personal Data to the extent necessary to comply with our legal obligations (for
example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our
legal agreements and policies.

The Company will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a
shorter period of time, except when this data is used to strengthen the security or to improve the functionality of
Our Service, or We are legally obligated to retain this data for longer time periods.


Transfer of Your Personal Data

Your information, including Personal Data, is processed at the Company's operating offices and in any other
places where the parties involved in the processing are located. It means that this information may be
transferred to — and maintained on — computers located outside of Your state, province, country or other
governmental jurisdiction where the data protection laws may differ than those from Your jurisdiction.

Your consent to this Privacy Policy followed by Your submission of such information represents Your agreement to
that transfer.

The Company will take all steps reasonably necessary to ensure that Your data is treated securely and in
accordance with this Privacy Policy and no transfer of Your Personal Data will take place to an organisation or a
country unless there are adequate controls in place including the security of Your data and other personal
information.


Delete Your Personal Data

You have the right to delete or request that We assist in deleting the Personal Data that We have collected about
You.

Our Service may give You the ability to delete certain information about You from within the Service.

You may update, amend, or delete Your information at any time by signing in to Your Account, if you have one,
and visiting the account settings section that allows you to manage Your personal information. You may also
contact Us to request access to, correct, or delete any personal information that You have provided to Us.

Please note, however, that We may need to retain certain information when we have a legal obligation or lawful
basis to do so.


Disclosure of Your Personal Data

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, Your Personal Data may be transferred. We will
provide notice before Your Personal Data is transferred and becomes subject to a different Privacy Policy.

Law enforcement

Under certain circumstances, the Company may be required to disclose Your Personal Data if required to do so
by law or in response to valid requests by public authorities (e.g. a court or a government agency).


Other legal requirements

The Company may disclose Your Personal Data in the good faith belief that such action is necessary to:

• Comply with a legal obligation

• Protect and defend the rights or property of the Company

• Prevent or investigate possible wrongdoing in connection with the Service

• Protect the personal safety of Users of the Service or the public

• Protect against legal liability

Security of Your Personal Data

The security of Your Personal Data is important to Us, but remember that no method of transmission over the
Internet, or method of electronic storage is 100% secure. While We strive to use commercially acceptable means
to protect Your Personal Data, We cannot guarantee its absolute security.


Children's Privacy

Our Service does not address anyone under the age of 13. We do not knowingly collect personally identifiable
information from anyone under the age of 13. If You are a parent or guardian and You are aware that Your child
has provided Us with Personal Data, please contact Us. If We become aware that We have collected Personal
Data from anyone under the age of 13 without verification of parental consent, We take steps to remove that
information from Our servers.

If We need to rely on consent as a legal basis for processing Your information and Your country requires consent
from a parent, We may require Your parent's consent before We collect and use that information.


Links to Other Websites

Our Service may contain links to other websites that are not operated by Us. If You click on a third party link, You
will be directed to that third party's site. We strongly advise You to review the Privacy Policy of every site You visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third
party sites or services.


Changes to this Privacy Policy

We may update Our Privacy Policy from time to time. We will notify You of any changes by posting the new
Privacy Policy on this page. We will let You know via email and/or a prominent notice on Our Service, prior to the
change becoming effective and update the "Last updated" date at the top of this Privacy Policy. You are advised
to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they
are posted on this page.


If you have any questions about this Privacy Policy, You can contact us:

• By visiting this page on our website: skillstack.co.nz/terms

• By email: help@skillstack.co.nz