Effective Date: September 21, 2020 (v. 1.0)
Zimbabwe Private Limited company (“Campus Vienoula,” “CampusVienoula,” “Campus Vienou|a,” “CampusVienou|a,” “Vienoula Inc.,” “Vienoula Incorporated (Pvt) (Ltd),” “Vienoula,” “we,” “our,” or “us”). For purposes of these Terms, “you” refers to the individual visiting, viewing, using, or access the Platform under your Plan. To the extent that you have entered into another written agreement with Campus Vienoula that contains terms that directly conflict with any terms of these Terms, then the conflicting terms outlined in such other agreement will control.
You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Platform, or (ii) clicking “Agree,” “Purchase,” “Submit,” or similar links that you have read, understand, and agree to be bound by these Terms, irrespective of whether you are a guest or a registered user of the Platform. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM. CAMPUS VIENOULA’S ALLOWANCE OF YOUR USE AND ACCESS TO THE PLATFORM IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL OF THE TERMS AND CONDITIONS OF THESE TERMS.
- PLATFORM ACCESS AND ACCOUNT REGISTRATION
Except as expressly provided herein, you may not transfer your account to any other person, and you may not use anyone else’s account at any time. In cases where you have nevertheless authorized or registered another person to use your account or Plan, or where you have acted negligently in safeguarding your account as set forth above, you agree that you are fully responsible for (i) the acts and omissions of such person accessing the Platform via your account, (ii) controlling the person’s access to and use of the Platform, and (iii) the consequences of any use or misuse by such person.
- CAMPUS VIENOULA SUBSCRIPTION PLANS AND PAYMENT
(a) Subscription Plan and Subscription Management
(i) Plan Scope and Term. The Campus Vienoula individual subscription plan you purchase, register for, order, or renew includes the features set forth on http://www.campusvienoula.com/memberships (e.g., Basic, Premium) (each, a “Plan”). Campus Vienoula grants you, and you alone, access to the Platform for the subscription term length set forth at the time of redemption or purchase during online checkout (the “Initial Term”) in strict accordance with these Terms. If you purchase a monthly plan, your Initial Term is one month from the date of purchase, whereas the purchase of an annual plan results in a one-year Initial Term. Any renewal of the Initial Term (or a Renewal Term), whether such renewal occurs by way of your automatic renewal or online checkout, or otherwise, shall be deemed a “Renewal Term” and together with the Initial Term, the “Term,” as applicable.
(ii) Automatic Renewal. YOU UNDERSTAND AND AGREE THAT AT THE END OF EACH APPLICABLE TERM WE WILL AUTOMATICALLY RENEW YOUR PLAN (INCLUDING ALL SUBSCRIPTIONS ON YOUR PLAN AT THAT TIME) FOR A PERIOD EQUAL TO THE INITIAL TERM AND PROCESS YOUR PAYMENT METHOD OR INVOICE FOR PAYMENT FOR THE RENEWAL TERM UP TO THIRTY DAYS BEFORE YOUR RENEWAL DATE AT THE THEN-APPLICABLE PRICE FOR YOUR PLAN. IN THE EVENT OF MANUAL SUBSCRIPTIONS SELECTED DUE TO PAYMENT METHOD SELECTED, YOU ARE SORELY RESPONSIBLE FOR YOUR RENEWAL AND ACCESS TO THE PLATFORM WILL CEASE AT THE END OF THE TERM WITHOUT ANY FURTHER NOTIFICATIONS.
(b) Payment. Access to the Platform is explicitly dependent on timely payment of the then-applicable fee for the Plan in the amount and on the billing frequency set forth during online checkout. Your use of and access to the Platform is particularly dependent upon timely payment of the applicable fee(s) associated with your Plan and governed by these Terms. We reserve the right to increase or decrease any fee at any time; however, to the extent you have paid your fee(s) in advance, the increase or decrease will not become effective for your Subscription Plan or service until the end of your current Term.
(i) Payment Method. By registering for, subscribing to, or purchasing a Plan and providing billing information, you grant us and our authorized third-party payment processor(s) the right to process payment using the debit card, credit card, bank information, third-party payment provider you provide, authorize, or maintain on your account (individually, and collectively, “Payment Method”).
(ii) Editing Your Payment Method. You may edit your payment method information by visiting our website and clicking on the “Account” link, available at the top of the pages of the Campus Vienoula website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your payment method information or cancel your account (see Cancellation Policy in Section 10(b) below), you remain responsible for any uncollected amounts and authorize us to continue billing the payment method, as it may be updated. Your responsibility may result in a change to your payment billing dates. We may update your payment method with the information provided by the applicable payment service provider, and you authorize us to continue to charge the applicable fee to the updated payment method. Check with your payment method service provider for more details.
(1) When you provide or add any form of payment method your account, your bank may reserve the funds necessary or place a small authorization hold until the transaction processes or the authorization hold expires, but this is not the actual charge. The authorization will cease from your account according to the policies of your bank, and as such, to remove an authorization, please contact your bank to clarify how long they hold authorizations for online orders.
(2) Depending on where you transact with us, the type of payment method used, and where your payment method was issued, your transaction with us may be subject to foreign exchange fees or differences in prices because of exchange rates and other Campus Vienoula-provided geographic-specific pricing. We do not support all payment methods, currencies, or locations for payment.
(iii) Collection Methods. If your payment method fails, or if your account is past due, we may collect fees owed using other collection mechanisms—this may include charging other payment methods on file with us or retaining collection agencies and legal counsel, the fees and cost of which you as a result of this agreement to pay. Notwithstanding anything to the contrary, your obligation to pay fees continues through the end of your applicable Term and regardless of whether you cancel your Plan during such Term. Late payments will bear an additional 1.5% interest monthly, plus taxes if applicable, which additional interest will be compounded daily.
(iv) Chargebacks. If you file a chargeback disputing charges made to Payment Method by Campus Vienoula and the chargeback is granted, your account will be deactivated.
(v) Excess Use. If you use the Platform or services in violation of the scope granted hereunder, including but not limited to unauthorized rotation of your subscription to others (“Excess Use”), Campus Vienoula may, in its sole discretion, invoice you for the Excess Use, at our current list price for subscriptions and/or services for such Excess Use. Downloading video content is strictly prohibited.
4.1 FREE TRIAL
You agree to provide your Payment Method during online checkout before beginning your free trial. We will not process your Payment Method for payment of your fee during your free trial though you may see an authorization on your Payment Method–see Section 4. On the last day of your free trial, we will convert your free trial into a paid Plan and process your Payment Method for the applicable fee on the billing frequency chosen during online checkout. From that date on, the automatic renewal provisions outlined in Section 4(a)(ii) will also apply. By providing your Payment Method in conjunction with registration for a free trial, you agree to these charges and billing practices. You must cancel before the end of your free trial if you do not wish to proceed to be invoiced. Upon cancellation of your free trial, your access to the Platform will terminate immediately.
- PROPRIETARY MATERIALS
(a) Use of Campus Vienoula’s Proprietary Materials. The Platform contains copyrighted materials, trademarks, proprietary and confidential information, and intellectual property of Campus Vienoula and licensors of Campus Vienoula (collectively, “Proprietary Materials”), including without limitation source code, video, text, software, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Proprietary Materials may only be accessed through the Platform, and not by or from any other site or means. The right of access to the Platform does not grant to you any right to download or store any Proprietary Materials in any medium, other than (i) that downloadable content that may be provided for certain training courses, including exercise files, course slides, and sample code, (ii) files that are automatically cached by your web browser for display purposes, and (iii) if we provide desktop, mobile, or other applications for download, a single copy of such application for your computer or mobile device solely for your own, personal use, provided you agree to be bound by these Terms and the end-user license agreement below (collectively, the “Authorized Downloadable Materials”). Authorized Downloadable Materials are held by you according to a limited, revocable license only, and are subject to all restrictions described herein, including the prohibition on further transfer, sale, creation of derivative works, or exploitation in any manner.
(b) End-user License Agreement. Campus Vienoula grants to you a non-exclusive license for the use and installation of the Authorized Downloadable Materials subject to all the terms and conditions as outlined in the Terms. This license governs any software upgrades or additional features provided by Campus Vienoula that would replace or supplement the originally installed version of the Authorized Downloadable Materials unless those other upgrades or features fall under a separate license, in which case those terms govern.
(c) Reservation of Rights. Campus Vienoula reserves all intellectual property rights to the Proprietary Materials other than as specifically granted under the applicable license granted you under these Terms. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.
(d) Campus Vienoula Copyright and Marks. Copyright protects Campus Vienoula entirely. Complying with all applicable copyright laws is your responsibility. “Campus Vienoula,” “Vienoula,” and other Campus Vienoula marks and logos are service marks and trademarks of Vienoula Inc.
(e) Third-Party Marks. Other trademarks, service marks, and logos used on the Site are the trademarks, service marks or logos of their respective owners. Campus Vienoula is using these third party trademarks, service marks or logos with the permission of the trademark owner or for identification purposes only.
(f) Violation of Copyright or Intellectual Property Laws. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Platform that we believe (or are notified) may infringe on the rights of others. If you believe the utilization of your work in a way that constitutes copyright infringement or otherwise infringes on your intellectual property rights, please report it to us promptly by way of the procedures that we maintain at https://www.campusvienoula.com/copyright-procedure.
- USER CONTENT
(a) The Platform may provide you with the ability to upload, post, submit, publish, or transmit information to the Platform, other users, or third parties (“User Content”).
(i) Unless otherwise noted, all User Content you submit to the Platform, to third parties, or that is otherwise made available to Campus Vienoula will be considered confidential and proprietary and will be made available only to individuals or third parties that you authorize to access it via the Platform, API, or other means of transmission.
(ii) To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content as provided above, (b) such User Content is accurate and reasonably complete, (c) as between you and Campus Vienoula, you are responsible for the payment of third-party fees, if any, related to the provision and use of such User Content, (d) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices, (e) you are responsible for any User Content you upload or provide to the Platform and for complying with applicable laws relating to it, including export control regulations, and (f) you agree to comply with all applicable rules regarding online conduct and acceptable content we may post on the Platform from time to time, including those outlined in Section 9 below.
(iii) User Content submitted within certain areas of the Platform, such publicly-available channels or blog posts, will be considered non-confidential and non-proprietary, and by so doing, you as a result of this grant us and our affiliates and service providers, and each other and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
(b) Monitoring and Enforcement. We have the right to:
(i) remove or refuse to post any User Content for any or no reason in our sole discretion;
(ii) take any action concerning any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of users of the Platform or the public, or could create risk or liability for Campus Vienoula;
(iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
(iv) take appropriate legal action, including without limitation referral to law enforcement for any illegal or unauthorized use of the Platform; and
(v) terminate or suspend your access to all or part of the Platform for any violation of these Terms.
(c) Notwithstanding anything to the contrary, we have no obligation to review any User Content or materials before posting on the Platform, and we cannot ensure prompt removal of objectionable material after posted on Campus Vienoula. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or a third party, and we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Platform. You acknowledge and agree that any feedback provided by way of the Platform or otherwise will be the sole and exclusive property of Campus Vienoula, and you as a result of this irrevocably assign to Campus Vienoula and agree to irrevocably assign to Campus Vienoula all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist Campus Vienoula to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.
- CAMPUS VIENOULA “DOs” and “DON’Ts”
As a condition of using the Platform, you agree to adhere and abide by the following DOs and DON’Ts.
(a) DOs (Your Obligations). You acknowledge and agree that you will:
(i) comply with all applicable federal, state, local, or international law or regulations (including without limitation any laws regarding copyright, intellectual property, privacy, and personal identity, or the export of data or software to and from Zimbabwe or other countries);
(ii) provide true and accurate information to us and keep it updated;
(iii) use all portions of the Platform respectfully;
(iv) exit from your account at the end of each session or use of the Platform; and
(v) use your subscription for non-commercial home or personal use only.
(b) DON’Ts (Prohibited Conduct). You acknowledge and agree that you will not:
(i) reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Platform other than concerning Authorized Downloadable Materials, subject to the limited permissions set forth herein;
(ii) manually or systematically harvest, scrape, collect, or otherwise extract information or data contained on the Platform, other than permitted use of Authorized Downloadable Materials or temporary storage of video materials for offline viewing (if permitted by your Plan).
(iii) permit or provide others access to the Platform;
(iv) impersonate or attempt to impersonate Campus Vienoula, a Campus Vienoula employee, another user, or any other person or entity (including without limitation by using e-mail addresses or account information associated with any of the preceding) or provide incorrect or knowingly false information;
(v) remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Platform;
(vi) violate or attempt to violate the Platform’s security mechanisms, attempt to gain unauthorized access to the Platform or assist others to do so, or otherwise breach the security of the Platform or corrupt the Platform in any way;
(vii) co-brand or frame the Platform or establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without the prior express written permission of an authorized representative of Campus Vienoula;
(viii) use any portion of the Platform to aid in transmitting, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” or “spam” or any other similar solicitation;
(ix) post to any portion of the Platform any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content;
(x) use the Platform or its contents (including User Content) to recruit, solicit, or contact in any form other users or potential users for employment or contracting for a business not affiliated with us without the prior express written permission of an authorized representative of Campus Vienoula;
(xi) use or attempt to use the Platform to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment;
(xii) engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Platform, or which, as determined by us, may harm us or users of the Platform or expose them to liability; and/or
(xiii) use the Platform in any manner that could disable, overburden, damage, or impair the Platform, interfere with any other party’s use of the Platform (including their ability to engage in real-time activities through the Platform), or otherwise attempt to interfere with the proper working of the Platform.
(c) Restricted Use of Platform. We reserve the right to monitor use of the Platform and to suspend, revoke, deny, disable, or terminate your access if you violate any provisions of these Terms (including, but not limited to the DOs and DON’Ts above) or if your or behavior exceeds reasonable limits, as determined in our sole discretion.
(d) Export Controls. The Platform and its features are subject to Zimbabwe export controls. Although the Platform may be accessible worldwide, we make no representation that the Platform is appropriate or available for use in locations outside Zimbabwe, and accessing the Platform from territories where its contents or materials are illegal, is prohibited. Those who choose to access the Platform from other locations do so at their initiative and are responsible for compliance with local laws.
- REPRESENTATION, WARRANTIES, AND COVENANTS
(a) Your Representations and Warranties. You represent and warrant that:
(i) You are over the age of 16 as the Platform is intended for only individuals over 16. If you are under 16 years of age, you may not register for an account or otherwise use the Platform;
(ii) You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Platform, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.
(b) Authority. You and Campus Vienoula each represent, warrant, and covenant that it has the full power and authority to (i) agree subject to these Terms; (ii) perform its obligations hereunder, and that its performance hereunder does not conflict with, limit, or be contrary to any other agreement; (iii) and that by so doing, it does not violate any applicable laws or any contractual relationship.
(c) Campus Vienoula Intellectual Property. We represent, warrant, and covenant that: (i) we have and will have all rights, titles, licenses, intellectual property, permissions and approvals necessary in connection with our performance under these Terms to grant you rights granted hereunder; and (ii) neither the Platform (including the Proprietary Materials) nor the provision or utilization thereof as contemplated under these Terms, will infringe, violate, trespass or in any manner contravene or breach or constitute the unauthorized use or misappropriation of any intellectual property of any third party knowingly.
(d) Reliance and Functionality. Campus Vienoula does not warrant that the content or functions of the Platform will meet your requirements or that the operation of the Platform will be uninterrupted or error-free. The content and materials presented on or through the Platform are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on our materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents. The Platform may include content provided by third parties, including materials provided by other users, bloggers, or third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Campus Vienoula, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Campus Vienoula. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third party, and the use of any services provided by third parties is subject to their policies and at your own risk.
(e) Availability of Platform. You recognize that the traffic of data through the Internet may cause delays during your use of or access to the Platform, and accordingly, you agree not to hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Platform may not be available on a continual 48-hour basis due to such delays, delays caused by our upgrading, modification, or standard maintenance of the Platform, or any other delays outside of our control.
(f) Non-Campus Vienoula Products. If you install or enable Non-Campus Vienoula Products for use with Platform, Customer acknowledges that providers of those Non-Campus Vienoula Products may have access to your data in connection with the interoperation of the Platform. Campus Vienoula will not be responsible for any use, disclosure, modification, or deletion of your data while accessed or transmitted through such Non-Campus Vienoula Products.
- TERMINATION/CANCELLATION POLICY
(c) No Refunds. All portions of the fees paid, whether paid monthly or annually, are completely non-refundable. Exceptions for extenuating circumstances may be considered by emailing email@example.com; however, we are in no way required to refund you any portion of the fees paid. If you request the deletion of your account, no portion of your fee is refundable, regardless of the time remaining in your Term.
(d) You acknowledge and agree that Campus Vienoula may retain and store your information on Campus Vienoula’s systems for archival purposes, notwithstanding any termination or cancellation of your account or Plan.
(a) Indemnification. You agree to defend, indemnify and hold harmless Campus Vienoula, its directors, employees, licensors, independent contractors, providers, subsidiaries, and affiliates, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims”) arising out of or relating to (i) your violation of these Terms; (ii) any information you post to the Platform; (iii) any use by you of the Platform’s material, content, services, or products other than as expressly authorized in these Terms; or (iv) your use of any information obtained from the Platform.
(b) Indemnification Procedure. You agree to cooperate as fully as reasonably required in defence of any Claims, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not, in any event, settle any Claims without our prior written consent.
- NO WARRANTY; LIMITATIONS ON LIABILITY
(a) No Warranty. EXCEPT FOR THOSE WARRANTIES OUTLINED HEREIN, THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER CAMPUS VIENOULA NOR ANY PERSON OR ENTITY ASSOCIATED WITH CAMPUS VIENOULA MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION CONCERNING THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER CAMPUS VIENOULA NOR ANY PERSON OR ENTITY ASSOCIATED WITH CAMPUS VIENOULA PROMISES, REPRESENTS OR WARRANTS THAT THE PLATFORM OR CONTENT OBTAINED THROUGH THE PLATFORM OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ITS CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. CAMPUS VIENOULA WITH THIS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
(b) Limitation of Liability. IN NO EVENT WILL CAMPUS VIENOULA, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY CONCERNING THE PLATFORM OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORESEEABLE, FOR (i) ANY AMOUNT IN THE AGGREGATE ABOVE THE GREATER OF THE AMOUNT YOU HAVE PAID TO CAMPUS VIENOULA FOR THE PLATFORM IN THE THREE (3) MONTHS IMMEDIATELY BEFORE LIABILITY ARISING; (ii) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL; (iii) DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iv) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (v) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDERS OR INDEPENDENT CONTRACTORS (INCLUDING MENTORS) PROVIDING SERVICES ON BEHALF OF CAMPUS VIENOULA OR VIA THE PLATFORM.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- CHANGES TO TERMS OR THE PLATFORM
(b) Changes to the Platform. Campus Vienoula may at any time, without notice or liability, change or eliminate any content or feature of the Platform or any portion thereof, or restrict the use of any portion of the Platform. Your only right concerning any dissatisfaction with any service-related change or elimination is to cease the use of the Platform. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time.
- ADDITIONAL TERMS
(a) Campus Vienoula LIVE (User Conference Event). In the event you purchase a ticket to Campus Vienoula’s user conference (known as “Campus Vienoula LIVE”), you agree that your attendance is governed exclusively by the Campus Vienoula Live: General Terms and Conditions located at http://www.campusvienoula.com/terms/campusvienoula-lterms (“Campus Vienoula LIVE Terms”).
(b) If you use an Internet-enabled device to access the Platform, the following additional terms and conditions also apply.
(i) You agree that you are solely responsible for all messages and data charges that apply to the use of your mobile device to access the Platform. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
(ii) You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or otherwise. Additional terms and conditions may apply to your use of our services based on the type of mobile device that you use.
(c) Additional guidance on using the Platform is available at our online help center as updated from time to time, accessible via https://campusvienoula.com/help or such successor site.
(a) Non-Waiver. Failure by Campus Vienoula to enforce any provision(s) of these Terms will not be construed as a waiver of any provision or right.
(b) Severability. If any provision of these Terms is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions of these Terms.
(c) Governing Law and Jurisdiction. These Terms, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of or relate to these Terms, or the negotiation, execution, or performance under these Terms (including any claim or cause of action based upon, arising out of, or related to any representation or warranty made in or in connection with these Terms or as an inducement to agree to these Terms), are governed by and will be construed and enforced following the laws of Zimbabwe, including its statute of limitations, without reference to (i) any conflicts of law principles that would apply the substantive laws of another jurisdiction to the parties’ rights or duties, (ii) the United Nations Convention on Contracts for the International Sale of Goods, or (iii) other international laws. Any action or other judicial proceedings for the enforcement of these Terms or any of its provisions shall be instituted only in the courts of Zimbabwe.
(d) Compliance with Legal Requests. Without limiting the foregoing, we have the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs us to disclose customer data or other information on the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
(e) Compliance with Applicable Laws. Campus Vienoula agrees to comply with all applicable laws and regulations concerning the use and disclosure of your personal information.
(f) Use of Your Public Statements. As a Plan subscription holder, you agree that we may identify you as a customer of Campus Vienoula on Vienoula Inc.’s websites and in other marketing materials if you make public reference to Campus Vienoula, such as in a social media post or on a publicly-available blog, article, or another forum. Campus Vienoula may display your public statement in Campus Vienoula marketing materials, presentations, or on our Platform. The preceding shall be deemed a worldwide, non-exclusive, and irrevocable license to use your public statement for this purpose. You also agree to be referenced in press releases and case studies prepared by Campus Vienoula. Such license and consent will terminate at the end of your Term.
(g) Dispute Resolution. Should any dispute arise concerning these Terms, the parties agree to first work in good faith to resolve such dispute, and neither party may commence any action concerning such dispute until thirty (30) days have passed from the time such party has provided written notice to the other party of the nature of such dispute, provided that nothing herein will prevent us from seeking injunctive relief in the event of your actual or threatened breach of any terms of these Terms.
(h) Notice. Any notice which may be required to be given under these Terms will be given: (i) by Campus Vienoula to you via e-mail to the e-mail address you maintain in your account settings or by notifying you electronically by displaying the notice in the Platform; (ii) by you to us in any commercially reasonable manner, including certified mail, return receipt requested, e-mail, or any other customary means of communication at the applicable mailing address set forth below, as may be updated from time to time. Any notice given otherwise than per this Section will be deemed ineffective.
Vienoula Incorporated (Pvt) Ltd
4 Hexham Close,
Attn: Legal Counsel
All other feedback, comments, requests for technical support, or other communications relating to the Platform should be directed to the Campus Vienoula support team by emailing firstname.lastname@example.org.
(i) No Agency. Nothing in these Terms will be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither Campus Vienoula nor any other party to these Terms has or may hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that is binding on the other party, except as provided for herein or authorized in writing by the party to be bound.
(j) Equitable Relief. You acknowledge that a breach of these Terms may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
(k) Assignment. We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You may not assign or otherwise transfer your rights, responsibilities, or duties under these Terms, in whole or in part, without our prior written consent, in our sole discretion. Any attempted transfer or assignment of these Terms without the prior written permission of Campus Vienoula will be null and void ab initio. Notwithstanding the preceding, these Terms will be binding upon and will inure to the benefit of the permitted successors and assigns of each party to these Terms. In the event you assign these Terms in violation of the preceding, such assignee shall be responsible for compliance with these terms, including but not limited to the payment of any outstanding fees.
(l) Miscellaneous. These Terms and any terms that incorporate these Terms by reference, together with each Sales Order, as applicable, constitute the sole and entire agreement between you and Campus Vienoula concerning the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, concerning the Platform. The section titles used herein are displayed for convenience only and have no legal effect. Nothing in these Terms confers any third-party beneficiary rights or remedies. If any dispute should arise between the parties hereto regarding the terms or subject matter of these Terms or the enforcement or breach of such terms, then the party prevailing in such dispute, whether by out-of-court settlement or final judicial determination, will be entitled to recover from the non-prevailing party all costs and expenses of such conflict incurred by such prevailing party, including without limitation reasonable attorneys’ fees.