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Terms & Conditions

Terms of Service

BY USING YOUR REQUESTED APPLICATION AND/OR LOGGING IN TO USE THE USER INTERFACE TO THE SERVICE, YOU ACCEPT AND AGREE TO BE BOUND BY THE BELOW TERMS OF USE (ALSO REFERRED TO AS "AGREEMENT"). IF YOU DO NOT AGREE TO THE BELOW TERMS OF USE, DO NOT USE THE SERVICE.

TERMS OF SERVICE

  • You must use the Service only in accordance with these terms and conditions and the instructions, manuals or other materials regarding use of the Service that Vubiz makes generally available to its customers.
  • You must comply with all applicable laws during the exercise of your rights under these terms and conditions (including but not limited to all copyright and import and export laws).
  • You are responsible for maintaining the security of your Service account and password. Vubiz accepts no liability for any loss or damage from your failure to abide by this provision.
  • You are responsible and liable for all content and materials posted to the Service and activity that occurs under your account.

 

RESTRICTIONS

  • You must not use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortuous material, or to store or transmit material in violation of any laws and/or third-party rights. Whilst using the Service, you shall not use excessive bandwidth (as determined by Vubiz in its sole discretion);
  • You must not use the Service to store or transmit viruses, worms, time bombs, Trojan horses and/or other harmful or malicious code, files, scripts, agents or programs.
  • You must not interfere with or disrupt the integrity or performance of the Service in any way.
  • You must not attempt to gain unauthorized access to the Service or its related systems or networks.
  • You may not use the Service for any illegal or unauthorized purpose.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Vubiz, or any other Vubiz products or services.
  • Where we specified a limitation of content storage and/or resettable registrations, you must upgrade your license where you would want to use the Service in excess of those restrictions in accordance with Vubiz's standard licensing and pricing plans.

 

PAYMENT

  • A valid credit card or invoice is required for paying accounts.
  • To set up an eCommerce account, you must provide a valid credit card during the transaction.
  • Your credit card will be billed as per the items contained within your shopping cart.
  • The Service is non-refundable. No refunds will be processed unless there is a technical issue that we cannot resolve that prevents a Learner from effectively studying the course. Refund requests must be received within 30 days of the date of purchase.

 

WARRANTY DISCLAIMER

  • The services are provided "as is" and without warranties of any kind, whether express, implied or statutory, including without limitation any implied warranty of merchantability, non-infringement or fitness for a particular purpose, all of which are expressly disclaimed.

 

LIMITATION OF LIABILITY AND INDEMNITY

  • In no event will Vubiz or any of its affiliates or subcontractors be liable for loss of data, lost profits, or for any (other) incidental, consequential, or special damages, however caused, and on any theory of liability, arising out of, or relating to this agreement, the use of, or inability to use the service, or any matter relating to this agreement and/or the service, even if Vubiz has been advised of the possibility of such damages.
  • Except where such liability cannot be limited by applicable law, Vubiz's and any of its affiliates and subcontractors' total liability under or arising out of this agreement and the service (including, where applicable, under any indemnity obligation) shall not exceed the amounts actually paid by you for the service to Vubiz in the 12-month period prior to the event given rise to the relevant claim.
  • These limitations shall apply notwithstanding the failure of essential purpose of any limited remedy provided in this agreement.
  • You indemnify us against any claims, expenses, damages, costs and liability received or incurred by us resulting from your breach of any of the provisions of this agreement.

 

TERMINATION

  • You may terminate your account and access to the Service at any time by submitting such termination request in writing to Vubiz at support@vubiz.com or by completing the form at onlinelearninghelp.com.
  • Except for your breach of this Agreement, including without limitation your failure to pay, in which case Vubiz may, in addition to any other right it may have, immediately terminate this Agreement, suspend your account and/or suspend or terminate your access to the Service, Vubiz, in its sole discretion, has the right to terminate your account and use of the Service for any reason upon sixty (60) days' prior notice.
  • Cancellation, expiration or termination of your account will, as appropriate, result in the deactivation or deletion of your account and/or your access to your account. All of your content and materials will be immediately deleted from the Service upon termination or cancellation.

 

CONFIDENTIALITY AND DATA PROTECTION

  • Vubiz is committed to keeping any personal data it receives from you or otherwise as part of the Service appropriately secure. As part of this commitment, Vubiz participates in and has certified its compliance with the EU-U.S. Privacy Shield Framework. Vubiz is committed to subjecting all personal data received from European Union (EU) member countries in reliance on the Privacy Shield Framework, to the Framework's applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce's Privacy Shield List at https://www.privacyshield.gov/. It shall be your responsibility to ascertain that you are in compliance with any related, applicable laws and regulations when transferring and personal information to us as part of the Service. More information on our commitment to security and data protection can be found on our website at https://scorm.com/scorm-solved/scorm-cloud-support-that-delights/scorm-cloud-uptime-and-security-policies/.
  • This Section only applies where the General Data Protection Regulation is applicable to the Service, and where Vubiz is considered the data processor (as defined in the GDPR) and you the data controller (as defined in the GDPR), and is included to satisfy the requirements included in Article 28 of the GDPR. In such case, the following shall apply:

a)     The nature and purpose of the personal data (as defined in the GDPR) processing (as defined in the GDPR) hereunder shall comprise the storage of certain personal data provided by you as part of the Service, for the term of the Agreement and for your legitimate and lawful purposes. Vubiz may also provide support services to you as part of the Service, which may comprise Vubiz accessing your personal data to the extent reasonably required to provide such support;

b)    The categories of personal data included in the processing hereunder generally include: first and last names and email addresses;

c)     You have processed and will continue to process any personal data provided to Vubiz in accordance with the relevant provisions of the applicable data protection laws, and such processing does not violate those laws. You ensure that you are entitled to transfer the relevant personal data to Vubiz so that Vubiz may lawfully process the personal data in accordance with this Agreement on your behalf;

d)    Vubiz shall process any personal data provided by you only in accordance with this Agreement and any lawful instructions reasonably given by you from time to time. We agree that those written instructions do include those needed for Vubiz to provide the Service to you as described herein;

e)    Both Vubiz and you shall take and maintain throughout the term of this Agreement appropriate technical and organisational measures against unauthorised or unlawful processing of the personal data or its accidental loss, destruction or damage, and Vubiz shall take any measures required pursuant to Article 32 of the GDPR;

f)      Vubiz shall ensure that any staff authorised to process your personal data are bound by obligations of confidentiality;

g)     Vubiz shall not engage another processor without ensuring that the relevant agreement includes terms which reflect the provisions of this Section 7.2. in line with Article 28(4) of the GDPR and without your prior written consent. You hereby provide your general consent to Vubiz using such processors as required by us to provide the Service. A current list of processors used by us in the Service can be found in our corporate privacy policy as accessible through our corporate website. It shall be your responsibility to check any updates in this list from time to time. Where you object to our use of any processor used, please contact us in accordance with said privacy policy, so that we can meet in good faith to understand any legitimate concerns you may have;

h)    Vubiz shall, taking into account the nature of the processing, assist you by appropriate technical and organizational measures, insofar as this is reasonably possible, for the fulfilment of your obligation to respond to requests for exercising the data subject's rights laid down in Chapter III of the GDPR;

i)      Vubiz shall reasonably assist you (at a reasonable administrative charge, each time as to be agreed) in fulfilling your obligations to respond to requests for exercising the data subjects' (as defined in the GDPR) rights set out in Chapter III of the GDPR;

j)      Vubiz shall reasonably assist you in ensuring compliance with the obligations contained in Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to Vubiz;

k)     Vubiz shall, at your option on expiry or termination of this Agreement and/or the Service, either delete or return to you all personal data provided to us as part of the Service, provided that where you within 30 days from expiry or earlier termination of this Agreement have not indicated your choice to Vubiz, your choice shall be deemed to be deletion of all such personal data;

l)      Vubiz shall, on your reasonable request, make available to you all information reasonably necessary to demonstrate Vubiz's compliance with Article 28 of the GDPR and this Agreement; and

m)   Vubiz shall inform you if, in Vubiz's opinion, any instruction provided by you would infringe the GDPR.

 

  • In no event does Vubiz accept any liability for any personal data not required for the functional operation of the service which is entered by you into the service.

 

MODIFICATION TO SERVICES

  • Vubiz reserves the right at any time and from time to time to modify, suspend and/or discontinue, temporarily or permanently, the service (or any part thereof), where so reasonably possible upon notice, provided that Vubiz may not provide notice if such modification or discontinuation is for security or emergency maintenance purposes. Modification includes the right and ability for Vubiz to apply any update or upgrade to the service at any point of time. You agree that Vubiz shall not be liable to you or any third party for any modification, suspension and/or discontinuance of the service (or any part thereof).

 

INTELLECTUAL PROPERTY AND OWNERSHIP

  • You acknowledge that between you and Vubiz, Vubiz owns all right, title and interest in and to the Service and the accompanying documentation and all related modifications, enhancements, updates and upgrades.
  • You have no right to the Service except to the extent expressly granted in these Terms of Use. Vubiz reserves all right, title and interest in and to the Service.

 

You shall not attempt to:

  1. copy, duplicate, modify, or create derivative works from all or any portion of the Service;
  2. reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Service; and/or
  3. access all or any part of the Service in order to build a product or service which competes with the Service.

 

  • Vubiz shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Service any suggestions, enhancement requests, recommendations and/or other feedback provided by you, relating to the operation of the Service.
  • During the term of this Agreement, you may build applications on top of the Service. Vubiz claims no intellectual property rights over the information or material you input in, upload to or build on top of the Service. Your input information, uploaded material and material or applications sitting on top of the Service remains yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your visible information and content.
  • Vubiz does not pre-screen content, but Vubiz has the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Service.

 

ENTIRE AGREEMENT; MISCELLANEOUS

  • These Terms of Use are the sole and complete agreement between the parties and supersede all prior agreements and understandings between the parties respecting the Service.
  • The waiver of a breach or the failure to exercise any right hereunder shall not be a waiver of any subsequent breach or as a waiver of any other right.
  • If any provision in these Terms of Use is determined unenforceable, such unenforceability will not affect the enforceability of the other provisions of these Terms of Use.
  • These Terms of Use shall be governed by the laws of the Province of Ontario without regard to its conflicts of law principles or to the United Nations Convention on the International Sale of Goods.
  • Any dispute regarding these Terms of Use will exclusively be resolved in the Provincial court.
  • The sections of these Terms of Use entitled "Limitation of Liability and Indemnity", "Intellectual Property and Ownership", and this "Entire Agreement; Miscellaneous" will survive after the termination or cancellation of these Terms of Use.
  • By accepting these Terms of Use, you are providing consent to receive email messages or other material from Vubiz and its Affiliates for support, marketing, or sales purposes in accordance with its privacy policy as accessible through Vubiz's corporate website at www.vubiz.com.
  • Questions or notices for Vubiz can be sent to support@vubiz.com