Last update Sept. 22, 2022
Welcome to zick learn. Please read these Terms of Service (the “Terms”) carefully because they govern your use of our Site and our platform accessible via our Site (https://www.zicklearn.com) that allows individual or business users (“Creators”) to create training courses (“Courses”), which will be formatted through text messages and delivered with the Services to individuals and/or businesses that wish to enroll in such Courses (“Learners”). To make these Terms easier to read, the Site and associated services are collectively called the "Services." Subject to your compliance with these Terms, you may register through the Services to be a Creator who creates Courses and list and advertise such Courses through the Services or you may use the Services as a Learner.
1. Agreement to Terms.
These Terms constitute a legal agreement between you and zick technologies LTD and its proprietary platform zick learn. Please read them carefully, as they affect your rights and liabilities. By accessing our Site or using our Services, you are agreeing to be bound by these Terms. If you do not agree to be bound by these Terms, you are prohibited from using or accessing this Site or the Services
3. Changes to the Terms & Conditions.
We may update these Terms & Conditions at any time in our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site and/or may also send other communications. It’s important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to be bound by the modified Terms.
4. Eligibility and Accounts.
You must be 18 years or older, and capable of forming a binding contract with zick technologies LTD to use the Services. You must not otherwise be barred from using them under applicable law. The Services are only available in certain countries. If you can’t access to the Services please contact us to know if your country is covered.
zick learn is a unique platform that provides access to knowledge and skills, connecting learners of all ages to courses (“Courses”) from our Creators. When you register to be a Creator, as part of the Account setup process, you will provide us with certain information such as your name, email address and upon request you may be asked for a description of your skill set referring to Course subject areas, third party payment processing account information (your “Payment Account”), and any other necessary Account information. To use the Services, you must set up an account (“Account”). zick learn may create the Account for you or you can do this via your mobile device or desktop computer. In order to set up an Account and access some of our Services, you must provide us with certain information about yourself and your company. We request this information so that we can provide these Services to you, for example, communicating with other Users, matching you with a Service Provider or helping you to schedule appointments.
5. The Services; Disputes and Release.
Through the Services, we provide a platform enabling Creators to connect with Learners who wish to enroll in Courses created by such Creators. zick learn role in this process is solely to provide the technology and platform that enables this connection. Enrollment and participation in Courses involves a direct relationship between a Creator and a Learner. zick learn is not a party to any agreements between Creators and Learners with respect to Courses, and does not have control over and disclaims all liability for the content, quality, timing, legality, failure to provide, or any other aspect whatsoever of any Courses created by Creators.
zick learn responsibilities are limited to:
(i) facilitating the availability of the Services; and
(ii) serving as the limited agent of each Creator as described above.
(b) Creating Courses.
When you register to be an Creator, you’ll be able to create Courses and: (i) make them available via zick learn platform where Learners may access through the Site; or
(ii) make them available to Learners by means of your own selected advertising and promotional channels, including third-party websites, social media, or other such channels (collectively, the “Channels”).
zick learn will also provide users with access to an automated system that allows Creator(s) to enroll Learners in their Courses. For each course you create, you must specify in reasonable detail:
(1) the skill set required for a Learner to participate in and complete the Course;
(2) instructions sufficient for a Learner with the requisite skill set to participate in and complete the Course; and
(3) comply with all rules and guidelines set by zick learn with respect to Course creation.
Creator(s) will be responsible for all tasks, duties, and responsibilities associated with the development of Courses. Creator(s) agree to use best efforts to continuously and diligently monitor and supervise Learners’ participation in and completion of the Course (including by responding to Learners’ inquiries). We grant you limited permission to use the zick learn name solely to denote the existence of these Terms, in connection with the advertising and promotion of the Course(s) you make available through the Services; provided that we must approve your use of the zick learn name in each instance.
(c) Relationship of the Parties.
Creators are not employees, agents or contractors of zick technologies LTD, nor are they otherwise in a direct or indirect working or service provider relationship with zick technologies LTD. You acknowledge that zick technologies LTD does not, in any way, supervise, direct, or control a Creator or such Creator’s work created in relation to the Courses. zick technologies LTD does not set a Creator’s work hours or location of work. zick technologies LTD will never provide a Creator with training or any equipment needed for a particular Course. You agree to indemnify, hold harmless, and defend zick learn from any and all claims by or on behalf of an Creator that a Creator was misclassified as an independent contractor or employee which may result in taxes, penalties, interest and attorney's fees.
(d) Disputes and Release. zick technologies LTD is not party to any agreement or interactions between Creators and Learners. In the event that you have a dispute with one or more Creators or Learners, you agree to address such dispute directly with the Creators or Learner in question and you release zick technologies LTD and our affiliates, officers, directors, agents, investors, subsidiaries, and employees from any and all claims, demands, or damages (actual or consequential) of every kind and nature arising out of or in any way connected with such dispute. If a dispute arises between a Creator and a Learner in connection with a Course or otherwise under these Terms, zick technologies LTD may, in its sole discretion (and as provided below), facilitate communications between such Creator and Learner in connection with such dispute. If such a dispute is unable to be resolved between such Creator and Learner, zick technologies LTD may, in its sole discretion, intervene in such dispute and take any actions zick technologies LTD deems appropriate.
6. Payments and Subscriptions.
If you are a Creator, you agree to pay zick technologies LTD a fee for use of the Services (or certain portions thereof), depending on the type of subscription (“Subscription”) you select, and you agree to pay such fees. If you are a Learner, you will not be charged any fees by zick technologies LTD for access and use of the Services.
1. (a) Course Fees. If you are a Creator, you may charge one-time, fixed-fees for enrollment in your Course(s). You can determine the fees to be charged for any of your Courses (“Course Fee”) on a fixed-fee basis, subject to your compliance with these Terms and any rules and guidelines zick learn may provide to you in connection with creating Courses in determining any such fees, and you may vary the Course Fee for a given Course at any time prior to such Course being made available through any Channels and/or the Course Library. Learners will be able to view Course Fees prior to selecting and enrolling in a Course. For the avoidance of doubt, zick learn does not set the Course Fees for any Courses. Course Fees vary based on the particular Course in question. As a Learner, you agree to pay the applicable Course Fee and any associated fees and taxes, if any.
2. (b) zick learn Services Fee. If you are a Creator, you hereby authorize us to:
(i) collect the Course Fee for each Course from Learners on your behalf prior to such Learner’s commencement of each Course; and
(ii) in some cases retain a percentage of such Course Fee (“zick learn Services Fee”).
The percentages used to determine the current zick learn Services Fee, as well as the date on which such percentages are effective may change at any time, in its sole discretion, which changes will be effective after zick learn has provided notice of such changes. Under no circumstances will any payment be due to a Creator from zick technologies LTD where a Learner has not paid for the relevant Course
c) General. Whether you pay a Course Fee, as a Learner, or purchase a Subscription, as a Creator (each, a “Transaction”), you expressly authorize us (or our third-party payment processor) to charge you for such Transaction. We may ask you to supply additional information relevant to your Transaction, including your bank account details or credit card number, the expiration date of your credit card and your email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment. You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All payments for Transactions are non-refundable and non-transferable except as expressly provided in these Terms. zick technologies LTD has no obligation to provide refunds or credits relating to any Courses, but may do so in zick technologies LTD’s sole discretion.
(d)Subscriptions. If you purchase a Subscription, you will be charged the monthly or annual (as applicable) Subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at the beginning of your Subscription and each month or year (as applicable) thereafter, at the rate of the then current Subscription Fee. By purchasing a subscription you authorize zick technologies LTD to initiate recurring non-refundable payment(s) as set forth below. If you purchase a Subscription, we (or our third-party payment processor) will automatically charge you each month or year (as applicable) starting from the date of the commencement of your Subscription, using the Payment Information you have provided, until you cancel your Subscription. No less than fourteen (14) days, in the case of a Subscription plan that is charged on a monthly basis, and no less than sixty (60) days, in the case of a Subscription plan that is charged on an annual basis, before your Subscription term ends, or otherwise in accordance with applicable law, zick technologies LTD will send you a reminder with the then-current Subscription Fee. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation of your Subscription by you or zick technologies LTD. Your Subscription continues until cancelled by you or we terminate your access to or use of the Services or Subscription in accordance with these Terms.
(e)Cancelling Course Fee or Subscription. You may cancel a Transaction for a full refund:
(i) within five (5) calendar days of your purchase, if you are a Learner provided that you have not already begun the applicable Course; and (ii) within ten (10) calendar days of your initial purchase, if you are a Creator. After that, your purchase is final and you will not be able to cancel the purchase and/or receive a refund of your course or subscription fee at any time. But if something unexpected happens in the course of completing a Transaction, we reserve the right to cancel your Transaction for any reason; if we cancel your Transaction we’ll refund any payment you have already remitted to us for such Transaction. Without limiting the foregoing, a Creator may cancel a Subscription at any time, but please note that cancellation of a Subscription will be effective at the end of the then-current Subscription period. Except as set forth above with respect to your subscription purchase, you will not receive a refund of any portion of the subscription fee paid for the then-current subscription period at any time of cancellation. To cancel, you can send an email to firstname.lastname@example.org. Creators will be responsible for all Subscription Fees (plus any applicable taxes and other charges) incurred for the then-current Subscription period. If a Creator cancels a Subscription, such Creator’s right to use the Services will continue until the end of the then-current Subscription period and will then terminate without further charges.
7. Content Property, publishing, distribution and access.
Our Services allow you to store or distribute contents that may include text, files, documents, graphics, images, music, software code, audio and video. We refer to those as “User Content” and we do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content.
(a)Permission to Your User Content. By making any User Content available through the Services you hereby grant us a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify (for formatting purposes only), distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services.
(b)Your Responsibility for User Content. It’s your exclusive responsibility and you guarantee that: (ii) you own, or have obtained all necessary rights, licenses, consents and permissions to use and authorize us to use from the owners of such content, all material that you post or provide to be made available in connection with the Services; (ii) your User Content; complies with these Terms, including the rules for prohibited conduct and license delivery; (iv) all information or materials you submit or transmit to us through our Services are true, accurate, current and complete;
(c)Your Responsibility for Collection of Consent from Learners. It is your exclusive responsibility, and you guarantee that you have obtained all necessary rights, consents and permissions for us to contact the Learners to whom the User Content will be distributed in connection with the Services;
(d)Removal of User Content.
You can remove your User Content by specifically deleting it, to the extent feasible and practicable. You should know that in certain instances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Services
(d)Reservation of Rights.
We and our licensors exclusively own all right, title and interest in the Services, including all associated patent, copyright, trademark, trade secret, moral rights or other intellectual property rights (“Intellectual Property Rights”). You acknowledge that the Services are protected by copyright and trademark laws as well as other intellectual property laws.
You agree not to remove, alter or obscure any copyright or trademark notices included with the Services
(e)Customer Comments. Upon completing a Course, you may have the opportunity to leave feedback and make comments about your experience with the Course and the applicable Creator with whom you have interacted (“User Comments”), by filling out the “Rate Service” or “Review Service” form provided to you upon the completion of the Course. We advise you to exercise caution and good judgment when leaving such comments. Once you complete and submit your comments to the Site you will not be able to go back and edit them. You should also be aware that you can be held legally responsible for damage to someone’s reputation if your comments are deemed to be defamatory. We do not monitor or censor comments that are provided by users of the Services and disclaim any and all liability relating thereto. We do reserve the right, however, in our sole discretion, to remove any User Comments that we deem to be inconsistent with the online activities that are permitted under this Agreement.
(f)Feedback. We appreciate feedback, comments, ideas and proposals for improvement to the Service (“Feedback”). If you choose to submit Feedback to us, we will be free to use it in any way we see fit, without providing any compensation to you.
(g)Access to content. zick technologies LTD grants you a limited, non-exclusive license to access and view the Content available through the Services (the “Content”) solely in connection with your permitted use of the Services.
8. General Prohibitions and Our Enforcement Rights.
You agree not to do any of the following:
(a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party’s Intellectual Property Rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to
(b) You may not use, display, mirror or frame the Services, or any individual element within the Services, zick learn’s name, any zick learn trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without zick technologies LTD’s express written consent;
(c) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by zick learn or any of zick learn’s providers or any other third party (including another user) to protect the Services or Content;
(d) Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent , device or mechanism (including spiders)
(e) Use of any automated tool, robot or other similar software to send messages and otherwise interact with the Services;
(f) Sending unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
(g) Using any meta tags or other hidden text or metadata utilizing a zzick technologies LTD trademark, logo, URL or product name without zick technologies LTD’s express prior written consent;
(h) Using the Services, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;
(i) Forge TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source identifying information; (j) Impersonate or misrepresent your affiliation with any person or entity; or
(k) Violate any applicable law or regulation. We are not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
We respect the intellectual property rights of others. It is our policy to terminate the Account or access privileges of users who repeatedly infringe or are believed to be repeatedly infringing other people's intellectual property rights where appropriate, including repeat infringers of copyrights, trademarks and trade secrets. We also have a policy against registering as a user any party that we know or have reason to believe has infringed upon another’s copyrighted works or trademark.
10. Third Party Resources.
The Services may allow you to access third-party websites or other resources. We have not reviewed all such third-party websites and resources and provide access only as a convenience, and are not responsible for the content, products or services on or available from such websites. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party resources.
If you violate any provision of these Terms, we may suspend or terminate your access to and use of the Services, including suspending access to or terminating your Account, at our sole discretion, at any time and without notice to you. You may cancel your Account or, if you are a Learner, cease participation in any Course or use of the Services, at any time by sending us an email at email@example.com. Please note that if you don’t or are unable to complete such Course within the period of time set by the Creator(s) of such Course, you will be required to re-enroll in such Course and pay any applicable Course Fees in order for you to complete the Course. If zick learn terminates your access to and use of the Services for reasons other than your failure to comply with these Terms, zick learn will refund course fees on pro-rata basis. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Section will survive:5(a),5(c),5(d),6 (only for payments due and owing to zick learn prior to termination),7(b),7(c),7(e),7(g),8,11,12 and 13.
12. Warranty; Disclaimers.
(a)General. The services and the courses are provided on an “as is” basis, without warranty of any kind. Without limiting the foregoing, we explicitly disclaim any warranties, expressed or implied, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, quiet enjoyment and non-infringement, and any warranties arising out of course of dealing or usage of trade. Further, we do not warrant or make any representations that the services and the courses will meet your requirements or be available on an uninterrupted, secure, error-free, bug-free, or defect free basis. We make no warranty concerning the quality, accuracy, likely results, timeliness, truthfulness, completeness, or reliability of the use of the information or content on the services.
(b)No Liability for User Conduct. Neither zick technologies LTD nor its affiliates or licensors are responsible for the conduct of any user of the services. zick technologies LTD does not recommend any particular course or author. zick technologies LTD does not provide any warranties or guarantees regarding any author’s professional accreditation, registration, or license.
You will indemnify and hold us harmless from any claims, disputes, demands, liabilities and costs arising out of or in any way connected with: (i) your access to or use of the Services;
(ii) your User Content; or
(iii) your violation of these Terms.
14. Limitation of Liability.
(b) We are not responsible for your inability to use the services due to connectivity issues with your computer, power outages and other delays not within our control like major disasters, pandemics, earthquakes, wars, etc... In no event will our total liability arising out of or in connection with these terms or from the use of or inability to use the services exceed: (i) the amounts you have paid or are payable by you to us for use of the services; or (ii) one-hundred Euros (€100), if you have not had any payment obligations to us.
15. Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the law of Ireland without regard to conflict of laws provisions. You submit to the exclusive jurisdiction of the courts located in Dublin, IE for all disputes that may arise under or in connection with these Terms.
16. General Terms.
(a)Force Majeure. Neither party will be liable in damages or have the right to terminate these Terms for any delay or default in performing hereunder (except for failure to timely pay) if such delay or default is caused by conditions beyond its reasonable control including acts of God, government restrictions (including the denial or cancellation of any export or other necessary license), acts of terrorism, wars, pandemics, disease, or insurrections.
(b) Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between zick technologies LTD and you regarding the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between zick technologies LTD and you regarding the Services.
(c)Severability. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
(d)Construction. Without limitation, the terms of any other document, course of dealing, or course of trade will not modify these Terms, except as expressly provided in these Terms or as the parties may agree in writing. Failure to promptly enforce a provision of these Terms will not be construed as a waiver of such provision.
(e)Interpretation. The headings to Sections of these Terms are for convenience or reference only and do not form a part of these Terms and will not in any way affect their interpretation. Neither party will be afforded or denied preference in the construction of these Terms, whether by virtue of being the drafter or otherwise. For purposes of these Terms, the words and phrases “include”, “includes”, “including”, and “such as” are deemed to be followed by the words “without limitation”.
(f)No Joint Venture or Partnership. Nothing contained in these Terms will be deemed to create, or be construed as creating, a joint venture, employment, agency, partnership, or other relationship between the parties.
(g)Assignment. You may not assign, delegate or otherwise transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
(h)Notices. Any notices or other communications provided by zick technologies LTD under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. (i)Waiver of Rights. Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of zick technologies LTD. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17. Contact Information.
If you have any questions about these Terms or the Services, please contact us at firstname.lastname@example.org