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Terms and Conditions – Maker

Last Updated: Jan 1, 2019

Skillit Maker Agreement (Addendum to Terms of Service)

Thank you for your interest in becoming a Maker. This Skillit Maker Addendum (“Maker Addendum”) is part of and subject to the terms of the Skillit Terms of Service (“Skillit Terms”) located here, incorporated herein by reference, between you and Skillit Corp. (“Skillit” “we” or “us”).

The Maker Addendum contains terms regarding the creation and posting of Skillit Listings, how and what Maker get paid for their Skillit and other terms specific to a Skills Teacher or Expert’s provision of Skillit in connection with the Services. Unless otherwise defined in this Maker Addendum, all capitalized terms have the meaning provided in the Skillit Terms.

Please read this Maker Addendum carefully.  If you don’t agree to its terms and conditions you aren’t permitted to become a Maker and you may not offer Skillit in connection with the Services. Skillit reserves the right to approve or reject any Maker application, for any reason.  

Skillit Listings and Skillit Purchasing

Skillit Listings

For each Skillit, you will create a Skillit Listing via the Skills Teacher or Expert portal page. When you do so, you will be asked a series of questions about the Skillit that will structure your Skillit in an appropriate way; you may also choose certain requirements which must be met by Dreamers, including but not limited to the recommended health, fitness and skill level and time and location for the Skillit. You will also set the price for your Skillit, as further described below under the section titled “Financial Terms”.

After you complete your Skillit Listing and submit it to the Services, we will review it as further described on the Site. You can visit our Maker FAQ’s page for additional information on the approval process for listings.  Once your Skillit Listing is approved, the applicable Skillit will be offered for sale for a price set by you or, if applicable, for the price set by an auction via the Services.

Your ability to change or modify a Skillit Listing after it’s been posted to the Services depends on the type of Skillit: (i) for Skillit that are physical or digital Products, the Skillit Listing can be modified up until the time the Skillit is purchased, and (ii) for Skillit that require the Dreamer and Maker to agree on particulars like the time and location for the Skillit (“Scheduled Skillit”), the Skillit Listing can be modified up until the time a Registered User has submitted a request to schedule your Skillit.

Skillit has the right to terminate the offering of any Skillit via the Services and remove any Skillit Listing at any time for any reason in Skillit’s sole discretion (including, without limitation, if such Skillit is related to any unlawful activity or is inconsistent with Skillit’s brand identity). Skillit does not act as an insurer or as your contracting agent. We recommend that you obtain appropriate insurance for any Skillit you provide.

Change Requests and Skillit Scheduling

The modification of a Skillit Listing is not the same as offering a post-purchase request negotiated between yourself and the purchaser (“Change Request”) option with your Skillit. If you choose to allow Change Requests in connection with your Skillit, you can indicate the availability of this option in your Skillit Listing. You may set the minimum number of days from the Skillit where you will accept Change Requests; after this date, the buyer will no longer be able to request changes. The Service will display the additional cost for requests altering an existing option for your Skillit, such as location or number of people, to the customer when offered and will automatically charge any additional costs (“Change Fees”) when accepted. You will also be able to set an additional custom Change Fee for any Change Requests received from the customer that are outside the parameters of your existing Skillit. This custom Change Fee will be displayed to the customer, who will have the option to accept or deny the new fee. The Change Fee will not be charged to the customer until both sides accept the change.

If you have an approval right with respect to potential Skillit participants, you must provide your acceptance or rejection of such participants within the time period designated by Skillit.

For Scheduled Skillit, you must respond to a request to schedule your Skillit within seventy-two (72) hours but recommend a prompt response whenever possible.  Otherwise, the request may be automatically rejected. Skillit may, at their discretion, make a good faith effort to contact you if you do not reply to a schedule requests in a timely manner. Skillit reserves the right to remove your Skillit and/or Maker account from the Services if you do not respond to schedule requests. The time of receipt of the scheduling request will be tracked via the Services.  If you and the Dreamer agree on the time and location (as applicable) for the Skillit, Skillit will send you and the Dreamer a scheduling confirmation email.

Skillit Fulfillment and Customer Information

Unless otherwise agreed upon, you, and not Skillit, are the seller of the goods and services (including any Products) described in your Skillit Listing.  You are responsible for all Skillit Listings you post. You represent and warrant:  (i) you have the right, power and authority to enter into this Maker Addendum; (ii) that any Skillit Listing you post and the related Skillit (a) will not breach any agreements you have entered into with any third parties, and (b) will (x) be administered in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Skillit (including, without limitation, your acquisition and maintenance of all required permits, licenses and registrations for the Skillit), and (y) not conflict with the rights of third parties; (iii) all Skillit will be provided pursuant to the terms and conditions of your Skillit Listing; and (vi) your Skillit Listing and any advertising or promotion of your products and services relating thereto will not constitute false, deceptive or unfair advertising or disparagement under any applicable laws.

In connection with the purchase of your Skillit, you will receive certain information regarding the applicable Dreamer which may include personally identifiable information, email addresses, and any other contact information for the Dreamer. You agree to hold all such Dreamer information in strict confidence, not to use it in any way, commercially or otherwise, except for purposes of fulfilling your obligations under this Maker Addendum.

You are solely responsible for honoring and fulfilling your Skillit.  From time to time Skillit may add additional functionality to its Site or offer you additional services to assist with your fulfillment of Skillit. For Skillit that contain physical Products you must pack your items for shipping and generate any shipping labels for such items through the Services.   

Maker Conduct

As a Maker, without limiting the Registered User Conduct Terms provided in the Skillit Terms, in connection with your use of the Services, you also agree that you won’t:

  • Offer to buy your own auction Skillit, or instruct, authorize or permit any other person to purchase your auction Skillit on your behalf, or to otherwise take any action that may manipulate the sale of your Skillit in any way;
  • Use the Services to find an Dreamer for a Skillit and then complete a purchase for that Skillit independent of the Services; or
  • Offer a Skillit for, or that includes, any counterfeit goods, illegally replicated products, or unauthorized copies (e.g., illegally duplicated; bootlegged or pirated content).
  • Offer a Skillit that is illegal in any way
  • Fail to contact Skillit if there are any issues with the execution of your Skillit;
  • Accept or make payments for an Skillit Skillit outside of the Services; or
  • Fulfill a Skillit that is inconsistent with the Skillit Listing, including but not limited to, failing to fulfill all promised Skillit components, bringing unauthorized guests, failing to show up for a scheduled Skillit or showing up late, or failing to provide an adequate and comparable Skillit when it is impracticable to fulfill the purchased Skillit as promised
  • Failure to adhere to commonly understood professional standards including, but not limited to, respectful communication with guests and Skillit Employees and anyone else involved in Skillit fulfillment, conducting Skillit in a safe and professional manner and prompt notification of Skillit and guests should any issues arise with the Skillit.

Cancellations

Without limiting any other terms of this Maker Addendum, if you cancel or do not fulfill your Skillit, you will not be eligible for payment for such Skillit and upon notice you must return to Skillit any portion of the Maker Share (defined below) paid to you in advance. Any refunds to Dreamers will be made in accordance with the Skillit terms of service.  

Financial Terms

Key Definitions


 “Gross Purchase Amount” means all monies received by Skillit for the purchase or confirmed scheduling of a Skillit plus the Tax received, Change Fees, and shipping fees from the Dreamer less any processing fees and related expenses.  

“List Price” means the gross purchase price for a Skillit less any applicable Taxes and shipping fees.

“Platform Fee” means the fee that Skillit charges Maker’s to use its Services, which is a percentage of the List Price.  The applicable percentage of 15% for a Skillit is provided in connection with the Skillit Listing.

 “Tax” or “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT).

Fees. You agree to include in your Skillit Listing (i) a fixed purchase price for the Skillit (whether dollars per person, dollars per hour, total fixed, or any other pricing system we may offer); (ii) a starting price for a Skillit made available for purchase via auction. Subject to the terms and conditions of this Maker’s Addendum, we will pay you an amount equal to the Gross Purchase Amount minus the Platform Fee, and the shipping fees, if applicable (the “Maker’s Share”).  

Payment Terms.

You’ll need to set up your preferred payout method on your Skillit Maker profile.  

The day after you host an experience, Skillit will release your payout for it. The date that you’ll get the funds will depend on your financial institution and whether the payout is released on a weekend or bank holiday

Payment will be made in Canadian dollars, typically by check or Electronic Funds Transfer, to the current payment method in the financial section of your account. To ensure proper payment, you are solely responsible for keeping your Account information current and complete. Notwithstanding the foregoing, Skillit will not be liable for any payment based on:(a) any amounts which result from invalid transactions; or (b) any illegal or otherwise invalid request for Dreamers to engage in a transaction.  Furthermore, Skillit reserves the right to withhold payment, chargeback your Account and/or offset future payments to you:

  • as a result of (a) or (b), or breach of this Maker’s Addendum by you, pending Skillit’s reasonable investigation of the foregoing;
  • in certain cases where we decide, in our sole discretion, that it is prudent or necessary to reverse a transaction or to provide an Dreamer with a refund of all or a portion of the amount paid by such Dreamer for a Skillit, for example, in the event that a Skillit is cancelled by you or cancellation occurs for another reason beyond either party’s control; and
  • in certain cases where our bank or third-party credit card processor withholds a percentage of a payment as a reserve, for example, as a result of actual or alleged fraudulent activity.

Furthermore, Maker’s shall be required to reimburse Skillit for the full amount received from Skillit, in the event Skillit is not fulfilled as promised by Maker’s in the Skillit Listing. Reimbursement must be made within 5 business days.

Taxes. You agree to complete and provide to us any required Tax or other forms relating to your receipt of payments in connection with your use of the Services, and any other comparable tax information as required by local laws and regulations. 

All payments due and payable to you under these Skillit Terms will include applicable Taxes, if any. You will be responsible for payment of all Taxes and any related interest and penalties resulting from any payments made hereunder.  You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Skillit cannot and does not offer Tax-related advice to any Maker.

Transactions Involving Alcoholic Beverages


Skillit that include alcoholic beverages may only be purchased by individuals, including without limitation, Dreamers who are at least eighteen (18) years old. You are responsible for complying with all applicable alcoholic beverage laws for your Skillit. If you offer a Skillit including alcohol, we may ask for your alcohol license information including, but not limited to, alcohol license/permit number, permit type, alcohol license holder, state of license, and any infractions on your license. Skillit reserves the right to remove any Skillit that violate our Alcohol Policy.

Marks


You hereby grant to Skillit a non-exclusive, royalty-free, license to use your trade names, trademarks, service marks, logos and domain names (“Maker Marks”), in connection with the Services, as well as in presentations, marketing materials, customer lists, press releases, and financial reports. All goodwill generated from the use of your Maker Marks by Skillit will inure to your benefit. Further, you authorize Skillit to identify you as a Maker.  You represent and warrant that you own all your Maker Marks, or you have all rights that are necessary to grant us the license rights in your Maker Marks under this Maker Addendum.

Contact Us

If you have any questions regarding this Maker Addendum feel free to send us a note at terms@myskillit.com. We will happily answer any questions you have.

Returns and refunds


Except when canceled by the Maker, all in-person Skillit are final sales; returns will not be accepted, and refunds will not be given. If an in-person Skillit is canceled by the Maker, and the Skillit cannot be rescheduled within 30 days, you will receive a refund to your credit card or bank via wire.

Maker’s right to terminate Skillit at will

Please note that an in-person Skillit can be disrupted and/or discontinued without warning at any time—and with no refund to you—should the Maker become uncomfortable with the conversation or interaction for any reason.

We do not permit reporters or other members of the media to purchase Skillit with our Maker for the purpose of conducting an interview for broadcast or publication. If the Maker determines that you are in fact attempting to conduct an interview for broadcast or publication, she or he is fully within their rights to terminate the Skillit with no refund to you.

Questions


To check the status of your return, log in to your account and click on a specific purchase to see the status of the item. You can contact our Concierge at concierge@myskillit.com.

Order Acceptance & Fulfillment: All alcohol orders must be remitted to, accepted by and

fulfilled by the Licensed Entity. Both order acceptance and fulfillment can easily be completed

by Licensed Entities via the Skillit platform.

Pricing & Product Details: All decisions regarding pricing, product and Skillit details must

be made by the Licensed Entity. As with all sales conducted by luminaries on the Skillit

marketplace, Licensed Entities are empowered to set prices and make all creative decisions on

products and Skillit.

Flow of Funds:

Skillit helps facilitate the collection and disbursement of funds through an Canadian bank account, but all disbursements are per the Licensed Entity’s previously agreed payout instructions. Payouts for alcohol must always be made to the Licensed Entity.

Sales Tax & State Select Technology:

Skillit’s platform is designed to allow Licensed Entities to provide details regarding where they have sales tax nexus and where they are authorized to sell specific products. Licensed Entities are responsible for accurately entering their tax and license information.


About

Skillit is a marketplace where you can teach a skill or learn a skill, in person, the best way to learn. From unique everyday teaching with local skill teachers to once-in-a-lifetime learnings with field experts, Skillit provides access to a curated selection of extraordinary skills that also benefit those in need. Our policy for Maker’s is that for every 100 skills sold, they give 4 free ones to a kid in need*.

Who [MOU1] are kids in need*? Many charitable organizations provide children and families with the basic essentials of food, shelter and clothing, whereas kids in need* provides skill training to help kids without resources get ahead and hopefully be able to learn a skill to help them earn a living. We receive skill teachings from our skill teachers and from partnerships with organizations, corporations, and the general public. When opportunities are available, we select kids in need* and handle the skill teaching.

Our members enjoy access to any skill that they ever wanted to learn. Engage with athletes, artists, musicians, craftsmasters, historians, experts in their fields, designers, and others who inspire shared interests, foster lasting teachings, and benefit impactful causes.

Makers can share their talent and build their business on the Skillit marketplace. From meeting premium clientele to promoting their skill in a curated, safe environment, top skill teachers trust Skillit to help them build their brand while benefiting important causes.

At Skillit, we believe that life is about learning, sharing and self-development.

So, what do you want to learn today?

—-

Alcohol Compliance Guidelines for Marketplace Maker’s

Summary: The Skillit platform permits the marketing of alcoholic beverages and alcohol related Skillit, provided that all of the following criteria are met.

In person Skillit: Skillit Maker’s may provide their services at in person Skillit including alcohol, provided that the alcohol is sold by a properly licensed entity or if the alcohol is provided by the consumer. Skillit must also meet the Flow of Funds criteria and other requirements listed below.

Physical Products: Skillit Maker’s may sell alcoholic products on the Skillit platform provided that they are properly licensed and follow all of the criteria listed below.

Criteria for Compliant Alcohol Sales:

Licensing: The Maker’s must have all applicable alcohol licenses to sell and ship (if applicable) alcohol or Skillit involving alcohol. Skillit markets and facilitates Skillit involving alcohol sales, but does not sell alcohol and is not a “Licensed Entity” (a party licensed to sell alcohol). Please contact your legal counsel if you have questions regarding your ability to legally sell or ship alcohol. In order to sell alcohol on the Skillit platform, a Licensed Entity must provide the following information:

● Licensed Entity Name

● License number

● License type

● Province of License

Seller: If alcohol is being sold, the Licensed Entity must be the seller of the transaction. Skillit is only a third party provider that markets and facilitates the transaction. Skillit cannot be the seller of transactions involving alcohol.

Order Acceptance & Fulfillment: All alcohol orders must be remitted to, accepted by and

fulfilled by the Licensed Entity. Both order acceptance and fulfillment can easily be completed

by Licensed Entities via the Skillit platform.

Pricing & Product Details: All decisions regarding pricing, product and Skillit details must

be made by the Licensed Entity. As with all sales conducted by luminaries on the Skillit

marketplace, Licensed Entities are empowered to set prices and make all creative decisions on

products and Skillit.

Flow of Funds: Skillit helps facilitate the collection and disbursement of funds through an Canadian bank account, but all disbursements are per the Licensed Entity’s previously agreed payout instructions. Payouts for alcohol must always be made to the Licensed Entity.

Sales Tax & State Select Technology: Skillit’s platform is designed to allow Licensed Entities to provide details regarding where they have sales tax nexus and where they are authorized to sell specific products. Licensed Entities are responsible for accurately entering their tax and license information.

Compliant Products & Skillit:

1. Alcohol Shipped to Customer: A Licensed Entity, such as a winery, may sell alcohol

products like a case of wine directly to consumers via the Skillit platform, provided that

they are properly licensed for DTC sales in the consumer’s province and the sale follows all

the criteria listed above.

2. Skillit (Customer Provides Alcohol): a bartender or sommelier not holding an

alcohol catering license may provide his/her services at an event, provided that the

customer separately purchases the alcohol. The bartender/sommelier is permitted to

provide services, consultation, equipment and non-alcoholic supplies and ingredients,

but should not bring any alcohol unless he/she has proper licenses to sell alcohol.

3. Skillit (Maker Provides Alcohol): a Maker may offer a Skillit including alcohol such as a wine tasting, provided that the Maker is a Licensed Entity and the payment for alcohol flows directly to the Licensed Entity.

a. Note: an unlicensed Dreamer such as a sommelier could help guide a wine

tasting and provide tasting notes and tips, but the alcohol must be sold by a

Licensed Entity and the Licensed Entity must receive the payment for the alcohol.

The vendor portal is not currently set up to accommodate multiple Maker’s for

one product so this is only an option for Retail products.

4. Skillit Including Free Tasting of Alcohol (a.k.a. Passport Event):

A Maker may arrange a skill teaching that includes free tasting of alcohol from a Licensed Entity such as a winery, brewery, or distillery that has license privileges that include free tastings to consumers. Alcohol served must be limited to legally allowed tastings provided by the Licensed Entity and alcohol must be provided free of charge.

Contact Us

If you have any questions regarding this Maker Addendum feel free to send us a note at info@myskillit.com. We will happily answer any questions you have.