J&S Software Services Limited, United Kingdom is a registered private limited company (Company Number SC718761) with its registered office at 81 Glasgow Road, Edinburgh, EH12 8LJ. J&S Software Services limited (hereinafter referred to as the ‘J&S’ provide services in software development, applications programming interfaces, various platforms, content development, websites, and such related services. J&S Software Services Limited also provide services in cloud based, SaaS platforms for digital learning / virtual learning systems such as Virtual Learning System Suite (hereinafter referred to as Viizard VLSS) (https://www.viizard.com). Viizard VLSS is a learning management software for individuals, organisations, and educational institutions worldwide. J&S is the proprietor, owner with all rights reserved of Viizard VLSS and therefore is responsible for the management, maintenance, and operation of Viizard VLSS. J&S is compliant of DATA PROTECTION laws, including the European GDPR (General Data Protection Regulation, the UK GDPR (General Data Protection Regulation) and the CCPA (California Consumer Privacy Act).
Viizard VLSS is a digital/virtual/e-learning system. A subscription-based service (Software as
a Service / SaaS model) where users/customers will pay a subscription fee to gain access to
the learning management system for a ready-made solution. This will be an on-demand
subscription-based software delivery model where customers / clients will be able to select
the right package from several options to meet their individual or organisational goals and
objective. It can be accessible through a standard browser, such as Google Chrome, Apple
Safari, Microsoft Edge, or Mozilla Thunderbird. The subscription packages will allow clients
and customers to select from a variety of options/packages.
Versatile, interactive, and intuitive our Viizard VLSS is scalable, flexible, and customisable,
therefore, it can be used by individuals as well as corporations, from small to large
infrastructures, for organisational to educational purposes, the software is a means to an
end to facilitate all types of virtual learning. With its user-friendly interface the software can
be easily used by beginners as well as experts to extract maximum benefits. In addition, with
an exceptional support service in place, our customers and clients can be assured of
optimising their services using Viizard VLSS.
The primary objective of Viizard VLSS is to provide a user friendly fully integrated learning
platform that will allow virtual teaching and learning to take place on a single platform.
A client-driven, customer comes first concept service. A cloud-based, on-demand software
service with an integrated CMS (content management system) to facilitate delivery,
management, and monitoring of the online VLSS. Viizard VLSS simplifies the process of
“virtual learning by anyone, for anyone, from anywhere.”
Viizard VLSS SaaS architecture is based on a multitenancy framework, where the software
will run on a server, which can serve multiple customers/clients/tenants. This will allow us
to manage maintenance, updates, bugs, and fixes faster, easier, and more efficiently.
Multitenancy allows a greater and more efficient use of our resources to be made available
to a larger group of users, without having to compromise important cloud-based functions
such as security, speed, and privacy.
The software will create, distribute, and manage the delivery of educational / Learning and
development content. The software distribution model allows central user portal for all
users, administrators, and course creators to securely login and complete tasks.
1. Agreement to Terms
These Terms of Use constitute a legally binding agreement made between you, whether
personally or on behalf of an entity (‘you’) and Viizard VLSS concerning your access to
and use of the https://www.viizard.com website as well as any other media form, media
channel, mobile website, or mobile application related, linked, or otherwise connected
thereto (collectively the ‘Site’). You agree that by accessing the Site, you have read,
understood, and agree to be bound by all of these Terms of Service. IF YOU DO NOT
AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED
FROM USING SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents herein by reference. We reserve the
right, in our sole discretion, to make changes or modifications to these Terms of Service
at any time and for any reason. We will alert you about any changes by updating the
‘Last Updated’ date of these Terms of Service, and you waive any right to receive specific
notice of each change. Please ensure that you check the applicable Terms every time
you use our Site so that you understand which Terms apply. You will be subject to and
will be deemed to have been made aware of and to have accepted, the changes in any
revised Terms of Service by your continued use of the Site after the date such revised
Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any
person or entity in any jurisdiction or country where such distribution or use would be
contrary to law or regulation or which would subject us to any registration requirement
within such jurisdiction or country.
Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to
the extent local laws are applicable.
2. Intellectual Property Rights
Unless otherwise indicated, the Site is our proprietary property and all source code,
databases, functionality, software, website designs, audio, video, text, photographs, and
graphics on the Site (collectively, the ‘Content’) and the trademarks, service marks, and
logos contained therein (the ‘Marks’) are owned or controlled by us or licensed to us,
and are protected by copyright and trademark laws and various other intellectual
property rights and unfair competition laws of the USA, international copyrights laws,
and international conventions. The Content and the Marks are provided on the Site ‘AS
IS’ for your information and personal use only. Except as expressly provided in these
Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted, distributed, sold, licensed, or otherwise exploited for any commercial
purpose whatsoever, without our express prior written consent.
Provided that your eligible to use the Site, you are granted a limited license to access
and use the Site to download or print a copy of any portion of the Content to which you
have properly gained access solely for your personal, non-commercial use. We reserve
all rights not expressly granted to you in and to the Site, the Contents and the Marks.
3. User Representations
By using the Site, you represent and warrant that: (1) you have the legal capacity and
you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction
in which you reside; (3) you will not access the Site through automated or non-human
means, whether through a bot, script or otherwise: (4) you will not use Site for any
illegal or unauthorised purpose; (5) your use of the Site will not violate any applicable
law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we
have the right to suspend or terminate your account and refuse any and all current or
future use of the Site (or any portion thereof).
4. Fees and Payments
You may be required to purchase or pay a fee to access some of our services. You agree
to provide current, complete, and accurate purchase and account information for all
purchases made via the Site. You further agree to promptly update account and
payment information, including email addresses, payment methods, and payment card
expiration dates, so that we can complete your transactions and contact you as needed.
We bill you through an online account for purchases / subscriptions made via the Site.
Taxes will be added to the price of purchases / subscriptions as deemed required by us.
We may change prices at any time. All payments shall be in ______________.
You agree to pay all charges or fees or subscriptions at the price then in effect for your
purchases and or subscriptions, and you authorise us to charge your chosen payment
provider for any such amount upon making your purchase.
We reserve the right to correct any errors or mistakes in the pricing, even if we have
already requested or received payments. We also reserve the right to refuse any order /
subscription placed through the Site.
Cancellation
You cancel your subscription at any time within 30 days from the first date of
subscription beginning. Your cancellation will take effect at the end of the current paid
subscription term. If you are unsatisfied with our service, please contact us at
Legal@viizard.com
6. Prohibited Activities
You may not access or use the Site for any purpose other than that for which we make
the Site available. The Site may not be used in connection with any commercial
endeavours except those that ae specifically endorsed or approved by us.
As a user of the Site, you agree not to:
7. User Generated Contributions
The Site does not offer users to submit or post content. We may provide you with the
opportunity to create, submit, post, display, transmit, perform, publish, distribute, or
broadcast content and materials to us or on the Site, including but not limited to text,
writings, video, audio, photographs, graphics, comments, suggestions, or personal
information or other materials (collectively, ‘Contributions’). Contributions may be
viewable by other users of the Site and through third party websites. As such, any
Contributions, you transmit may be treated in accordance with the Site Privacy Policy.
When you create or make available any Contributions, you thereby represent and
warrant that:
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, amongst other things, termination or suspension of your rights to use the Site.
8. Contribution License
You and the Site agree that we may access, store, process, and use any information and
personal data that you provide following the terms of the Privacy Policy and Cookie
Policy and your choices (including settings).
By submitting suggestions or other feedback regarding the Site, you agree that we can
use and share such feedback for any purpose without compensation to you.
We do not assert any ownership over your Contributions. You retain full ownership of all
of your Contributions and any intellectual property rights, or other proprietary rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site. You are
solely responsible for your Contributions to the Site, and you expressly agree to
exonerate us from any and all responsibility and to refrain from any legal action against
us regarding your Contributions.
9. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas,
feedback, or other information regarding the Site (‘Submissions’) provided by you to us
are non-confidential and shall become our sole property. We shall own exclusive rights,
including all intellectual property rights, and shall be entitled to the unrestricted use and
dissemination of these Submissions for any lawful purpose, commercial or otherwise,
without acknowledgement or compensation to you. You hereby waive all moral rights to
any such Submissions, and you hereby warrant that any such Submissions are original
with you or that you have the right to submit such Submissions. You agree that there
shall be no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your Submissions.
10. Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including without limitation, reporting
such user to law enforcement authorities; (3) in our sole discretion and without
limitation, refuse, restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof; (4) in our sole
discretion and without limitation, refuse, restrict access to, limit the availability of, or
disable all files and content that are excessive in size or are in any way burdensome to
our system; and (5) otherwise manage the Site in a manner designed to protect our
rights and property and to facilitate the proper functioning of the Site.
11. Term and Termination
These Terms of Use shall remain in full force and effect while you use the Site. Without
limiting any other provision of these Terms or Use, we reserve the right to, in our sole
discretion and without notice or liability, deny access to and use of the Site (including
blocking certain IP addresses), to any person for any reason or for no reason, including
without limitation for breach of any representation, warranty, or covenant contained in
these Terms of Use or of any applicable law or regulation. We may terminate your use or
participation in the Site or delete any content or information that you posted any time,
without warning, in our sole discretion
If we terminate or suspend your account for any reason, you are prohibited from
registering and creating a new account under your name, a fake or borrowed name, or
the name of any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to take
appropriate legal action, including without limitation pursuing civil, criminal, and
injunctive redress.
12. Modifications & Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time
or for any reason at our sole discretion without notice. However, we have no obligation
to update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We will not be liable to you
or any third party for any modification, price change, suspension, or discontinuance of
the Site.
We cannot guarantee the Site will be available at all times. We may experience
hardware, software, or other problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise,
update, suspend, discontinue, or otherwise modify the Site at any time for any reason
without notice to you. You agree that we have no liability whatsoever for any loss,
damage or inconvenience caused by your inability to access or use the Site during any
downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed
to obligate us to maintain and support the Site or to supply any corrections, updates, or
releases in connection therewith.
13. Governing Law
These Terms of Use shall be governed by and defined following the laws of Scotland,
United Kingdom. Viizard VLSS and yourself irrevocable consent that the courts of
Scotland, United Kingdom shall have exclusive jurisdiction to resolve any dispute which
may arise in connection with these terms.
14. Dispute Resolution
Informal Negotiations
To experdite resolution and control the cost of any dispute, controversy, or claim related to
these Terms of Use (each ‘Dispute’ and collectively, the ‘Disputes’) brought either you or us
(individually, a ‘Party’ and colectively, the #’Parties’), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below) informally for at least
90 days before initiating arbitration,. Such informal negotiations commence upon written notice
for one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding
its existence, validity, or termination, shall be referred to and finally resolved by the
International Commericial Arbitration Court under the European Arbitration Chamber (Belgium,
Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring
to it, is considered as the part of this clause. The number of arbitrators whall be five. The seat, or
legal place, or arbitration shall be Edinburgh, Scotland. The language to be used in the arbitral
proceedings shall be English. The governing law of the contract shall be the substantive law of
Scotland, United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extentpermitted by law, (a) no arbitration shal be joined with any other
proceedings; (b) there is no right or authority for any Dispute to be arbitrated on a class-action
basis or to utilise class action procedures; and (c) there is no right or authority for any Dispute to
be brought in a purported representative capacity on behalf of the general public or any other
persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or
concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute
related to, or arising from, allegations of theft, piracy, invasion, of privacy, or unauthorised use;
and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable,
then niether Party will elct to arbitrate any Dispute failing within that portion of this provision to
be illegal or unenforceable as such Dispute shall be decided by a court of competent jurisdiction
within the courts listed for jurisdiction above, and the Parties agee to aubmit to the personal
jurisdiction of that court.
15. Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or
ommisions, including descriptions, pricing, availability, and various other information. We
reserve the right to correct any errors, inaccuracies, or ommisions and to change or update the
informationon the Site at any time, without prior notice.
16. Disclaimer
The Site is provided on an as-is and as-available basis. You agree that your use of the Site
and our services will be at your sole risk. To the fullest extent permitted by law, we
disclaim all warranties, express or implied, in connection with the Site and your use
thereof, including, without limitation, the implied warranties of merchantability, fitness
for a particular purpose, and non infringement. We make no warranties or
representations about the accuracy or completeness of the Site’s content or the content
of any wbsites linked to the Site and we will assume no liability or responsibility for any
(1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or
property damage, of any nautre whatsoever, resulting from your access to and use of
the Site, (3) any unauthorised access to or use of our secure servers and / or any and all
personal information and / or financial information stored therein, (4) any interuption or
cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the
like which may be transmitted to or through the Site by any third party, and / or (6) any
error or ommisions in any content and materials or for any loss or damage of any kind
incurred as a result of the use of anycontent posted, transmitted, or otherwise made
available via the Site. We do not warrant, endorse, guarantee, or assume responsibility
for any product or service advertised or offered bya third party through the Site, any
hyperlinked website, or any website or mobile application featured in any banner or
other advertising, and we will not be a party to or in any way be responsible for
monitoring any transaction between you and any third party providers of products or
services. As with the purchase of a product or service through any medium or in any
environment, you should use your best judgement and exercise caution where
appropriate.
17. Limitation of Liability
In no event will we or our directors, employees, or agents be liable to you or any third
party for any direct, indirect, consequential, exemplary, incidental, special, or punitive
damages, including lost profit, lost revenue, loss of data, or other damages arising from
you use of the Site, even if we have been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, our liability to you for any
cause whatsoever and regardless of the form of the action, will at all times be limited to
the lesser of the amount paid, if any, by you to us or viizard VLSS. Certain US state laws
and international laws do not allow limitations on implied warranties or the exclusion or
limitation of certain damages. If these laws apply to you and you may have additional
rights.
18. Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and employees, from and
against any loss, damage, liability, claim, or demand, including reasonable attorneys’
fees and expenses, made by any third party due to or arising out of: (1) use of the Site;
(2) breach of these Terms of Use; (3) any breach of your representations and warranties
set forth in these Terms of Use: (4) your violation of the rights of a third party, including
but not limited to intellectual property rights; or (5) any overt harmful act toward any
other user of the Site with whom you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to assume the exclusive defence and
control of any matter for which you are required to indemnify us, and you agree to
cooperate, at your expense, with our defence of such claims. We will use reasonable
efforts to notify you if any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
19. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing
the performance of the Site, as wee as data relating to your use of the Site. Although we
perform regular routine backups of data, you are solely responsible for all data that you
transmit or that relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from any such loss or corruption of
such data.
20. Electronic Communications, Transactions, and Signatures
Visitng the Site, sending emails, and completing online forms constitue electronic
communications. You consent to receive electronic communications, and you agree that
all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such
communication be in writing.
You hereby agree to the use of electronic signatures, contracts, orders, and other
records, and to electronic delivery of notices, policies, and records of transactions
initiated or completed by us or via the Site. You hereby waive the rights or requirements
under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electrobnic records, or to
payments or the granting of credits by any means other than electronic means.
21. Miscellaneous
These Terms of Use and any policies or operating rules posted by us on the Site or in
respect to the Site constitue the entire agreement and understanding between you and
us. Our failure to exercise or enforce any right or provision of these Terms of Use shall
not operate as a waiver of such rights or provision. These Terms of Use operate to the
fullest extent permissable by law. We may assign any or all of our rights and obligations
to others to the sullest extent permissable by law. We may assign any or all of our rights
and obligations to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable control. If any
provision or part of a provision of these Terms of Use is determined to be unlawful, void, or
unenforceable, that provision or part of the provision ofthese Terms of Use is deemed severable
from these Terms of Use and does not affect the validity and enforceability of any remaining
provisions. There is no joint venture, partnership, employment or agency relationship created
between you and us as a result of these Terms of Use of the Site. You agree thatthese Terms
ofUse will not be contrued against us by virtue of having drafted them. You hereby waive any
and all defences you may have based on the electronic form of these Terms of Use and the lack
of signing by the parties hereto to execute these Terms of Use.
22. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use
of the Site, please contact us at: Legal@viizard.com