SKILLABLE MARKETPLACE FOR CITRIX CUSTOMERS - TERMS AND CONDITIONS
Last Updated: October 23, 2024
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING PRODUCTS
Skillable Marketplace for Citrix Customers (herein "marketplace") is operated by Hands-On Learning Solutions, LLC, d/b/a Skillable (herein "Skillable"), a Delaware limited liability company, having its principal place of business at 7143 State Road 54, #153, New Port Richey, Florida. 34653. Skillable has been authorized by Citrix to distribute the products in its own name.
This page (together with the documents referred to on it) tells you the terms and conditions on which you may use the marketplace and on which we supply any of the Products listed on our websitehttps://ctxspolabs.skillable.com/to you. Please read these terms and conditions carefully before ordering any Products from the marketplace. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
Please accept these terms and conditions at the end of the checkout page. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from the marketplace.
You should print a copy of these terms and conditions for future reference.
1. TERMS USED IN THIS AGREEMENT
In this agreement the following terms shall mean:
- "Skillable" "we" or "us" means Hands-On Learning Solutions, LLC, d/b/a Skillable, its employees, subcontractors and/or other companies which are appointed by Skillable to provide services in relation to the marketplace operated by Skillable;
- “Skillable Online Lab” means a lab environment and related instructions hosted by Skillable;
- “Skillable Challenge Lab” means a lab environment and related instructions created and hosted by Skillable;
- "E-book" means a publication in digital form, consisting of text, images, or both, readable on computers, mobile phones, E-book readers or other electronic devices ("Reading Devices");
- "EULA" means the end user license agreement applicable to you when using an E-book or Product for your own purpose and/or your customer who purchased an E-book or Product from you;
- "Product" is any product offered in the marketplace consisting of either a Skillable Online Lab, an E-book, or other item which may be purchased from the marketplace operated by Skillable;
- "Redemption Code" means a product activation code which can be used by you and/or your customers; and
- "Marketplace" means the online store operated by Skillable located at https://ctxspolabs.skillable.com/.
2. AVAILABILITY
2.1 The marketplace is only intended for use by customers purchasing on behalf of their companies.
2.2 By ordering Products from the marketplace, you warrant that:
2.2.1 You are legally capable of entering into binding contracts; and
2.2.2 You guarantee that any of your customers who purchase and are supplied with products has been made aware of and is bound by the applicable EULA.
2.3 Access to the marketplace is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products we provide via the marketplace without notice. You are responsible for making all technical and organizational arrangements necessary for you to have access to the marketplace. We will not be liable to you if for any reason the marketplace is temporarily unavailable at any time or for any period.
2.4 From time to time, we may restrict access to some or all parts of the marketplace.
2.5 If you choose, or you are provided with, a Skillable Marketplace for Citrix Customers account including username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any username and/or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
3. USING THE SKILLABLE MARKETPLACE
3.1 To use the marketplace you need to log in to the site using a username and password.
3.2 Please log into the marketplace and browse the store. To order items simply click the shopping cart icon to add the Product to your shopping cart. Once you have finished shopping, please click on the shopping cart icon in the top right-hand corner of the screen. Please click on the button marked "Proceed to checkout" and follow the instructions on screen to complete your order.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Any contract for the purchase of Products from the marketplace will be concluded with Hands-On Learning Solutions, LLC, d/b/a Skillable (herein "Skillable"), a Delaware limited liability company, having its principal place of business at 7143 State Road 54, #153, New Port Richey Florida. 34653, an independent reseller of Citrix products.
4.2 After placing an order, you will receive an order submission confirmation from us acknowledging that we have received your order (Order Confirmation). Please note that this does not mean that your order has been accepted. Your order constitutes an offer to buy a Product from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending the Redemption Code to you. The contract between us (the "Contract") will only be formed when you receive the Redemption Code.
4.3 The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
5. AVAILABILITY AND PRODUCT DELIVERY
5.1 We aim to update the marketplace regularly, and may change the content at any time. If the need arises, we may suspend access to the marketplace, or close it indefinitely. Any of the material on the marketplace may be out of date at any given time, and we are under no obligation to update such material.
5.2 Although we endeavor to ensure the availability of the Products shown in the marketplace, we cannot guarantee that all of the Products will be in stock or available when you place your order. If we are unable to process or execute your order, we shall contact you:
5.2.1 to offer you an equivalent Product(s) in terms of quality and price which you may decide to accept or reject; or
5.2.2 to notify you that we are unable to fulfill the order.
5.2.3 If you reject our offer of an alternative Product and we are unable to fulfill the order we shall have no further liability to you unless we have already taken payment for the Product(s), in which case we shall refund payments already taken from you for the relevant Product(s).
5.3 Your order will be fulfilled within 30 days of the date of the Order Confirmation, unless exceptional circumstances prevent delivery. If it is not possible to deliver the Product within the delivery period indicated, we shall refund you the paid purchase price on request.
5.4 Products sold in the marketplace are delivered to you by electronic transfer when activating the Redemption Code.
5.5 Unused Redemption Codes will expire 90 days following the date of the Order Confirmation.
6. SPECIFIC TERMS REGARDING SKILLABLE ONLINE LABS FOR CITRIX COURSES
6.1 Purchasing a Skillable Online Lab does not guarantee the lab for a Citrix Course will be available on any given date or time. It is recommended that you schedule your lab at through Skillable prior to your training session.
6.2 A Skillable Online Lab may only be redeemed at the Skillable website specified, redeemed by one (1) individual
6.2.1 You will communicate all terms and conditions applicable to the Skillable Online Labs for Citrix Official Courses to anyone you provide access to.
6.2.3 You will track your distribution of Skillable Online Labs to ensure that each Skillable Online Lab is only distributed once and is only distributed in accordance with these terms and conditions.
6.2.4 You must have an active account at the Skillable website specified for the Skillable Online Lab and redeem your Skillable Online Lab for Citrix Official Courses with Skillable.
6.2.5 Skillable Online Labs for Citrix Official Courses have expiration dates.
6.2.6 Citrix and its resellers are not responsible for lost or stolen lab accounts.
6.2.7 Skillable Online Labs for Citrix Official Courses may not be redeemed for cash, credit, or refunds and are void if altered in any way.
7. SPECIFIC CONDITIONS FOR SKILLABLE CHALLENGE LABS
7.1 Each Skillable Challenge Lab Voucher is encoded with information about the Challenge Lab subscription, the expiration date and other terms and conditions for its use. Vouchers are subscription specific. Please ensure you order the Voucher for the correct Challenge Lab offering. Vouchers are not transferable between programs and are not returnable or refundable.
7.2 Each Voucher may be redeemed only once by registering for a Challenge Lab subscription under https://challenge-labs.learnondemand.net or at such other website specified by Skillable.
7.3 Vouchers may not be redeemed for cash, credit, or refunds.
7.4 Vouchers have an expiration date ("Expiration Date"). Lab users must redeem the Voucher prior to the Expiration Date or the Voucher will become invalid. Expiration dates are 30 days from order date unless specified otherwise. Voucher expiration dates cannot be extended under any circumstances.
7.5 A Challenge Lab subscription is valid for the term specified when purchased, ranging up to 365 days.
7.6 You warrant that you will communicate all terms and conditions applicable to the Vouchers to anyone to whom you supply the Vouchers to and that you will further communicate to such person that they have to provide the Voucher codes when registering for a Challenge Lab subscription.
7.7 You warrant that you distribute each Voucher code only once.
7.8 Vouchers are just like cash. You should safeguard them and are responsible for tracking their issuance. Skillable or Citrix are not responsible for lost or stolen Vouchers or Voucher numbers. Expired, stolen or lost Vouchers will not be replaced. Skillable and/or Citrix do not provide redemption information to you.
8. RISK AND TITLE
The Products will be at your risk from the time of delivery.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted in the marketplace from time to time, except in cases of obvious error. The marketplace contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed in the marketplace may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product´s correct price is higher than the price stated in the marketplace, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
9.2 These prices exclude VAT and in the shopping cart you will see the price, applicable VAT and delivery costs, if applicable.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
9.4 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you an Order Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mis-pricing.
9.5 Payment for all Products must be made by credit card or prepayment. Delivery against invoice or other payment methods may be available upon request; please contact us. We are under no obligation to deliver the Products until we have received payment from you. Please note that the order value displayed at checkout does not reflect any service charges that your bank or your provider for other payment services may impose from the use of payment methods. Please check in advance with your issuing bank or provider of payment services to find out which additional charges may apply.
9.6 Withholding taxes: In case you claim entitlement to tax withholding you will need to provide Skillable with the form or document legally required to prove that you are entitled to tax withholding. Until you provide the required documentation to Skillable’s reasonable satisfaction, Skillable will require payment of the full price of the Products you ordered without any deductions. Any WHT for indirect taxes and surcharges shall be added to the prices and shall be borne by you. You shall provide Skillable with the tax payment / withholding certificate for indirect taxes and surcharges within 15 days after payment of the prices.
10. OUR REFUNDS POLICY
Unless a specific returns policy has been agreed with you, the following returns policy applies:
10.1 You may return a Product to us in case the Product is defective or in case we have sent you a Product that does not comply with the specifications of your order. In such cases you will receive a replacement.
10.2 If you wish to return a Product to us, you must inform us in writing by giving notice to customer service. You are required to return any Products to us, at your own cost, to the returns address we stipulate and in accordance with any instructions we give you. We will examine the returned Product, or investigate your complaint and will notify you of your entitlement to a replacement via e-mail within a reasonable period of time. Goods returned by you because of a defect will be replaced in full and sent to you free of charge, including a complete reimbursement for the delivery charges incurred by you in returning the item to us. Non-defective goods will be returned to you at your own cost.
10.3 Redemption Codes may only be returned if they are defective, e.g., they cannot be activated.
11. PERSONAL DATA
Personal details provided to Skillable through this website will only be used in accordance with these terms and conditions and our Privacy Policy. By using the marketplace, you consent to such processing of your personal data and you warrant that all data provided by you is accurate. Please read our Privacy Policy carefully. Furthermore, by using the marketplace, you consent to permit Skillable to share personal data relating to the marketplace with Citrix, its affiliates and its authorized partners including your marketplace purchases, lab usage and class surveys.
12. OUR LIABILITY
12.1 In accordance with your statutory rights, we warrant to you that any Product purchased from the marketplace is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
12.2 For guidance on product specifications and system requirements required to activate and operate Products please refer to our FAQ. We cannot ascertain whether you or your customers’ computer or Reading Device fulfils the system requirements and we therefore assume no responsibility or liability for the functionality of your computer system after a Product has been installed.
12.3 The marketplace is provided "as is". While we have taken every care in the preparation of the content of the marketplace, we cannot guarantee that it is accurate or error-free. We will not be responsible for any errors or omissions or for any technical difficulties you my experience with the marketplace. Except as set out in this section 12, all conditions, warranties and representations, expressed or implied by statute, common law or otherwise, in relation to the supply, non-supply or delay in supplying the Products are excluded to the extent permitted by law.
12.4 Where the marketplace contains links to other sites and resources provided by third parties, these links are provided for your information only. We do not identify ourselves with the content of such sites and resources have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
12.5 We will only be liable for losses which are foreseeable to both you and to us as a consequence of us breaching these terms and conditions, except as provided by mandatory law. We will not be responsible for any commercial or business losses (including without limit loss of goodwill, profits, contracts, anticipated savings, data, or wasted expenditure) or any other indirect or consequential loss that was not reasonably foreseeable to both you and us at the time our contract was formed, or at the time you began using the marketplace. We shall not be liable to any person for any loss or damage which may arise from the use or misuse of the marketplace or any of the materials on the marketplace (including loss of revenue, profits, contracts, anticipated savings, wasted expenditure, data or goodwill).
12.6 This does not include or limit in any way our liability:
12.6.1 for death or personal injury caused by our negligence;
12.6.2 for fraud or fraudulent misrepresentation; or
12.6.3 for gross negligence or intent; or
12.6.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
13. INTELLECTUAL PROPERTY
13.1 Products offered in the marketplace are the intellectual property of Skillable, Citrix or of any other third party. You can view the terms and conditions of the respective EULA in our FAQ. You may not and you will ensure that your customer does not remove any copyright, trademark or intellectual property notices contained which forms part of any Product.
13.2 We are the owner or the licensee of all intellectual property rights in the marketplace, and in the material published on it. Those works are protected by copyright, trademark, database rights and other such intellectual property laws and treaties around the world. All such rights are reserved.
13.3 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
13.4 If you print off, copy or download any part of the marketplace in breach of these terms of use, your right to use the marketplace will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
13.5 Using the marketplace does not give you permission to link to it or to use any of the trademarks, designs, get-up and/or logos contained within it.
13.6 The marketplace and all logos on the Site are business names and marks which are the property of Skillable or Citrix or third parties.
14. IMPORT DUTY AND TAXES
If you order Products from the marketplace for delivery to your residence, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
15. WRITTEN COMMUNICATIONS AND NOTICES
15.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the marketplace, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices in the marketplace or the account area. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
15.2 All notices given by you to us must be given to Hands-On Learning Solutions, LLC, d/b/a Skillable (herein "Skillable"), a Delaware limited liability company, having its principal place of business at 7143 State Road 54, #153, New Port Richey Florida. 34653 or by email: contact us. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, the email address associated with your Citrix Partner Program account, or in any of the ways specified in clause 15.1 above. Notice will be deemed received and properly served immediately when posted in the marketplace, 24 hours after an e-mail is sent, or five days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
16. TRANSFER OF RIGHTS AND OBLIGATIONS
16.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
16.2 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. EVENTS OUTSIDE OUR CONTROL
17.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (a "Force Majeure Event").
17.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
17.2.1 strikes, lock-outs or other industrial action.
17.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
17.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
17.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
17.2.5 impossibility of the use of public or private telecommunications networks.
17.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
17.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
18. VIRUSES, HACKING AND OTHER OFFENSES
18.1 You must not misuse the marketplace or any Product by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the marketplace or any Product, the server on which the marketplace or any Product is stored or any server, computer or database connected to the marketplace. You must not attack the marketplace or any Product via a denial-of-service attack or a distributed denial-of-service attack.
18.2 By breaching this provision, you would commit a criminal offense. We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the marketplace and any Product will cease immediately.
18.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the marketplace and any Product or to your downloading of any material posted on it, or on any website linked to it.
19. WAIVER
19.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
19.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
19.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 (Notices) above.
20. SEVERABILITY
If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
21. MISCELLANEOUS
21.1 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or that could be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
21.2 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
21.3 We have the right to revise and amend these terms and conditions from time to time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you. Some of the provisions contained in these terms of use may also be superseded by provisions or notices published elsewhere on the marketplace.
21.4 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products placed through the marketplace will be governed by the state and federal laws applicable in the state of Delaware and the state and federal courts having jurisdiction over the state of Delaware shall have exclusive jurisdiction.