This User Agreement (the “Agreement”) between Viz (defined below) and you governs your use of the website at www.viztutoring.com and the Platform (defined below) (collectively, the “Services”). If you are an Institution User (defined below) and your Institution has negotiated an Institution-specific version of this Agreement, your use of the Platform is supplemented by the terms of such Institution-specific version of this Agreement; please contact your Institution for a copy of your Institution-specific version of this Agreement. Viz’s Privacy Policy (located at www.viztutoring.com/privacy-policy/) (“Privacy Policy”) explains the way Viz collects and uses identifiable information about you (“Personal Information”).
Please read the Agreement and the Privacy Policy carefully. If you do not agree to be bound by this Agreement and the Privacy Policy or do not want to provide Viz with your Personal Information, do not create a User Account or access or use the Services. Viz reserves the right to make changes, with or without providing prior notice to you and at any time and from time to time, to (a) the Services, (b) the Token Fees (defined below), and/or (c) this Agreement and the Privacy Policy. If Viz exercises this right, the “Last Update” notice at the top of this document shall be amended to reflect the last date of such changes. Changes will be effective as of the date the terms were changed. It is your responsibility to check the Agreement or Privacy Policy each time you access the Services to determine whether any changes have been made, including by checking the date of the “Last Update” at the top of this Agreement or Privacy Policy. If any change to this Agreement or Privacy Policy is not acceptable to you, you must discontinue your use of the Services, or any portion thereof, and delete all copies of the Platform immediately. Your continued use of the Services after any such changes are posted will be deemed to constitute acceptance of those changes.
By clicking on the appropriate button below or by downloading, installing, copying, activating or otherwise using the Services, you affirm that you are: (i) at least 18 years old; and (ii) accessing the Services for yourself or on behalf of a child under the age of 18 for whom you are the legal guardian. We encourage parents to closely supervise and monitor their children when they are online or using any mobile device so you understand the sites, activities and apps they are engaged in; know who your child is communicating with and what is being communicated and to adopt available device and browser controls that reflect your preferences about your children’s ability to access the Internet or make purchases online. If you are a Parent User, your User Account has features that allow you to lock children out of payments, among other safety features. IF SOMEONE UNDER THE AGE OF 18 PURCHASES TOKENS, VIZ HAS NO LIABILITY AND IS NOT REQUIRED TO REFUND THE TOKENS.
1. Definitions: Any capitalized terms not otherwise defined in this Agreement shall have the meanings attributed to them in the Privacy Policy.
(a) “Applicable Law” means the laws of the province of Ontario and the federal laws of Canada applicable therein.
(b) “Institution” means the educational institution, or other youth institution: (a) where you are enrolled as a student on a full- or part-time basis, or otherwise registered to participate in the institution’s activities and programs; (b) where you are employed on a full- or part-time basis; or (c) for which you work as a contractor.
(c) “Institution User” means a User who is an employee or contractor of an Institution (including, but not limited to teachers, counsellors, lecturers, teaching assistants, and academic administrators).
(d) “Malicious Code” means (a) any code, program, or sub-program the knowing or intended purpose or effect of which is to damage or maliciously interfere with the operation of a computer system containing the code, program, or sub-program, or to halt, disable, or interfere with the operation of
the software, code, program, or sub-program, itself, or (b) any device, method, or token that permits any person to circumvent without authorization the normal security of any software or system containing the code.
(e) “On-Demand Session” means any tutoring session that takes place within 24 hours of booking.
(f) “Other User Content” means any content uploaded, posted, transmitted, or displayed in the Services by any User other than you, including through the Services’ chat function or video capabilities.
(g) “Parent User” means a User who is a parent or guardian of a Student User receiving tutoring services from a Tutor, including a student enrolled in an Institution.
(h) “Payment Processor” means Stripe.
(i) “Platform” means the student-engagement and interactive-instruction platforms (whether the desktop or mobile version) offered by Viz under the Viz brand, located at https://app.viztutoring.com/login.
(j) “Session” means an On-Demand Session or a Scheduled Session.
(k) “Scheduled Session” means any tutoring session that takes place more than 24 hours after booking.
(l) “Student User” means a User who is a student receiving tutoring services from a Tutor, including a student enrolled in an Institution.
(m) “Subscription Term” means (a) the period of time from when you create your User Account until you deactivate or delete your account, or (b) in the case of an Institution User, such period of time as is set forth in the agreement between Viz and your Institution.
(n) “Token” means a token purchased by a User on the Platform to book a Scheduled Session or On-Demand Session. For details, see the Token Policy located at www.viztutoring.com/viz-tokens-policy/, which is incorporated by reference herein. In the event of any conflict between the Token Policy and this Agreement, this Agreement shall prevail.
(o) “Token Fee” means the fees you pay directly to Viz for a Token, as disclosed to you on the Platform, or, if you are using the Platform through an Institution, then the Tokens may be paid for on your behalf by the Institution. For details, see the Token Policy located at www.viztutoring.com/viz-tokens-policy/, which is incorporated by reference herein. In the event of any conflict between the Token Policy and this Agreement, this Agreement shall prevail.
(p) “Tutor” means a tutor registered as offering tutoring services on the Platform.
(q) “User” means any individual who creates a User Account, and may refer to a Parent User, Student User, Institution User or Tutor, or all of them, as applicable.
(r) “User Account” means the account each User is required to create in order to access and use the Services.
(s) “User Content” means any content you upload, post, transmit, or display in the Services, including through the Platform’s chat or video functionality.
(t) “Viz” means Viz L.P., an Ontario limited partnership.
2. User Account: In order to access and use the Services, you are required to create a User Account with Viz or if you under the age of 18, have your parent or legal guardian create a User Account for you. In
creating a User Account, you shall: (a) provide current, complete, and accurate information to Viz, and promptly update Viz if such information changes during the Subscription Term by visiting your settings page; (b) not choose a username that violates Applicable Law, infringes on the intellectual property rights of a third party, or is offensive and Viz reserves the right to reject any username in its sole and absolute discretion; and (c) not transfer, sell, convey, or assign the right to use your User Account to any third party. You agree, or if you are under 18 your parents and/or legal guardians agree on your behalf, that you: (u) are wholly responsible for the conduct of any third party who accesses your User Account and uses the Services; (v) are responsible for any security breach of the security of the Services related to the use of your username and/or password; (w) if you are a Student User, shall not have more than one User Account; (x) if you are a Parent User, shall not have more than one User Account at any given time but may have multiple registered Student Users under one User Account; and (y) shall not create a User Account or use the Services if Viz has previously banned you from using the Services; and (z) shall not create a User Account or use the Services if you are a competitor and/or in order to (i) reverse engineer the Services, or (ii) conduct any comparisons or competitive analysis of the Services.
3. Access and Support: Upon creation of your User Account in accordance with these terms, Viz grants you the right to access and use the Platform for the Subscription Term. Viz has the right to suspend or terminate your access at any time if you breach any of the representations and warranties in Section 9 below or the obligations in Section 10 below. Viz shall provide you with email support services and a support website www.viztutoring.com/faq that includes an FAQ.
4. Fees and Tokens:
Upon creation of a User Account, Users will be able to purchase Tokens on the Platform through the Payment Processor. Upon successful payment, the purchased Tokens will be credited to your account on the Platform. Tokens allow you to purchase and schedule tutoring sessions with any tutor level on the Platform. The number of Tokens needed per session depends on the tutor level that you book, as well as if you book a Scheduled Session or On-Demand Session, each of which are set out in the Platform or the Token Policy. You can choose how you spend Tokens in accordance with this Agreement and the Token Policy. The number of Tokens you currently have and your history of previous transactions will be shown on your User Account.
Token rates and package rates can be found on the Website and the Platform and are subject to change at any time without notice. The number of Tokens required per Session are subject to change at any time without notice. The Token Fee is exclusive of all sales, excise or use taxes, or any levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. You are also responsible for paying processing fees and any other transaction fees imposed by the Payment Processor.
If you feel that you need to be reimbursed for Tokens for any reason, please contact us at support@viztutoring.com.
You may not transfer, trade, gift or otherwise exchange Tokens, unless (i) you are a Student User enrolled at an institution, in which case an Institution User may transfer Tokens to you, or (ii) you are using a gift card authorized by Viz.
Tokens are valid only for booking tutoring sessions on Viz, may not be resold, have no cash value or any value outside of the Platform and are not redeemable for cash. For the avoidance of doubt, the credits do not operate or serve as stored value facilities in any way.
5. Payments. We use the Payment Processor to process payment to us through your User Account. Viz does not provide the Payment Processor with Personal Information and only provides billing information required to process your payment and minimize fraudulent payment risk.
(a) If you provide a payment method and our charge results in an overdraft, chargeback, or other fee from your bank, you alone are responsible for that fee. If you become aware of a potential third
party breach of security to your billing information (such as credit card loss or theft), you must notify us immediately. All Parent Users are responsible for any credit card use under their User Account.
(b) You acknowledge and agree that Viz makes no representation, warranty, covenant, or claim regarding, and Viz expressly disclaims and denies any responsibility or liability for, directly or indirectly, the privacy practices in regard to any Personal Information you provide to the Payment Processor directly or any other party in relation to purchasing any Tokens.
(c) You acknowledge and agree that our terms and policies do not govern any other party. You acknowledge our recommendation to review the applicable privacy and data gathering practices of any third party to which you provide Personal Information.
6. Cancellation and Refund Policy.
We offer Scheduled Sessions and On-Demand Sessions. Tokens purchased for any Session are automatically deducted from your account 24 hours prior to a Scheduled Session, or at the time of booking for an On-Demand Session, if the Session is to occur within 24 hours. If you cancel with more than 24 hours of a Scheduled Session, then you will receive a refund in the form of Tokens to your User Account. If you cancel within 24 hours of a Scheduled Session, then your Tokens are not refundable. However, you may request a refund, which may be granted at Viz’s sole and absolute discretion, by emailing us at support@viztutoring.com. Viz’s grant of a refund of payment or Tokens in one instance does not obligate Viz to provide a refund in the future, under any circumstances.
In addition, it is your responsibility to ensure you have enough Tokens in your User Account to cover the cost of an upcoming Scheduled Session. If you do not have enough Tokens in your User Account 24 hours prior to your Scheduled Session, then the Scheduled Session will be automatically cancelled and you may rebook once you purchase enough Tokens, subject to Tutor availability. This does not apply to On-Demand Session, which can only be booked if you have sufficient Tokens at the time of booking.
If your Tutor reschedules a Session and you have already been charged for the Session, no refund will be granted and the Tokens charged for such Session will be automatically applied to the rescheduled Session. If your Tutor reschedules a Session and you have not yet been charged for the Session, the Tokens for that Session will deducted from your account 24 hours prior to the rescheduled Session.
If your Tutor cancels a session, you will receive a full refund in the form of Tokens to your User Account.
If your Tutor is more than five (5) minutes late for a session, you will automatically receive a pro-rated refund for the Session, in the form of Tokens to your User Account. No adjustment to fees shalI be made for time lost because of late arrival by the Student User or by early termination of the session by the Student User. The Tutor agrees to wait twenty-five (25) minutes from the start time of the Session for the Student User’s arrival before considering the Session cancelled by the Student User or Parent User.
For so long as the Services are made available, Tokens do not expire. In the event Viz is no longer providing the Services, no refund may be available for unused Tokens. If you are removed from the Platform for failing to materially comply with this Agreement, or if you terminate your User Account, your Tokens will not be refunded. In all other instances where your User Account is terminated by us, at our sole discretion, all unused Tokens will be cancelled and refunded within a commercially reasonable timeframe.
7. Referral Program
This section outlines the general terms and conditions under which existing Users can refer (the “Referrer”) new users to the Platform (“Referees“) and receive rewards (the “Referral Program”). The Referrer and Referees may be subject to additional terms of specific promotions under the Referral Program, which Viz will make available at the time of such promotion.
The Referral Program is open to new users who sign up with Viz after being referred by an existing User. Existing users are not eligible to use the referral code for a discount. If you are already a registered User
with Viz and discover the Referral Program after your initial registration, you cannot retroactively apply a referral code to receive a discount or create a new User Account to benefit from the Referral Program. Viz reserves the right to:
- modify, suspend, or terminate the Referral Program at any time without prior notice,
- limit the Referral Program to a maximum number of referrals per Referrer,
- upon verifying the eligibility of referred users, deny the referral discount if any fraudulent or unethical activities are suspected,
- deny referral promotions/discounts for some Users at Viz’s discretion.
Referrers must not: (a) misrepresent the Platform’s services or the nature of the referral rewards, (b) engage in spamming, mass messaging, or other unethical practices to solicit Referees, (c) create fake accounts, engage in fraudulent activity, or misuse the Referral Program, or (d) create multiple accounts to receive a referral code. Engaging in any of the foregoing will result in disqualification from the Referral Program and forfeiture of any earned rewards.
The Referrer will receive the referral reward within a commercially reasonable timeframe after all actions of the Referral Program criteria have been completed by the Referee, including but not limited to creating an account and purchasing and using Tokens.
The Referee may or may not get a reward depending on the terms of the specific promotion under the Referral Program. Terms of the specific promotion, such as discount received, will be specified at the time of the promotion. In the event of any conflict between the terms of the Referral Program as set out in this Agreement and the terms of any specific promotion, this Agreement shall prevail.
If you have any questions or concerns about the Referral Program, please contact us at support@viztutoring.com.
8. User Acknowledgments: You acknowledge that your use of the Services is subject to the following notices and limitations: (a) Viz does not review, assess, or verify User Content or Other User Content except for content owned by Viz; (b) Viz is not liable if for any reason the Services (or any part) are unavailable at any time or for any period; (c) your access to the Services may be suspended temporarily and without notice in the case of system failure, maintenance, failure of public internet, or repair or for reasons beyond Viz’s control; (d) Viz may, in its sole and absolute discretion, include artificial intelligence or machine learning-powered functionality in the Services at any time and from time to time (“AI Functionality”), you acknowledge and agree that Viz does not guarantee the continued availability of such AI Functionality, and that any content generated through such AI Functionality may not accurately reflect real people, places, or facts and you are responsible to independently evaluate the accuracy of any such content; (f) Viz may at any time and from time to time incorporate functionality licensed from a third party (“Platform Partner”) into the Services (“Third-Party Functionality”) and you acknowledge and agree that your access to and use of Third-Party Functionality may be subject to additional terms and conditions and Viz shall not be liable for such Third-Party Functionality; (g) Viz is not responsible for any links to third-party sites and has no liability for any loss or damage that may arise if you access such links; (h) Viz may delete any User Content we deem to violate this Agreement; (i) any User may remove User Content at any time from the Services; (j) you may be exposed to Other User Content that you may consider inaccurate, offensive, indecent, or objectionable and you hereby waive any legal equitable rights or remedies you have or may have against Viz with respect to such Other User Content; and (k) Tokens are not a currency or cryptocurrency and cannot be used outside of the Platform or traded for any other form of currency.
9. User Representations and Warranties: You represent and warrant that: (a) you are at least 18 years of age and you have the legal authority to enter into this Agreement and use the Services, or if the Student User is less than 18 years of age, you are the Student User’s parent or Legal guardian with the authority
to enter into this Agreement and the Privacy Policy and provide Personal Information related to the Student User on behalf of such Student User and agree to be bound by this agreement; (b) if you are an Institution User, you have the appropriate permissions and authority from all applicable parties, including but not limited to the Institution, to enter into this Agreement, use the Services, create User Accounts, and share information about Student Users; (c) you are not an employee, contractor, or representative of a Viz competitor; and (d) Viz has not previously banned you from using the Services.
10. User Obligations: In connection with your use of the Services, you agree not to, or if you are under 18 years of age your parents and/or legal guardians agree on your behalf not to: (a) violate Applicable Law or commit fraud; (b) harm, abuse, harass, threaten, impersonate, intimidate, or otherwise behave inappropriately with another User or third party; (c) send spam or otherwise duplicative or unsolicited messages; (d) send, knowingly receive, upload, download, use or re-use, or store any User Content (defined above) that infringes on the intellectual property or privacy rights of a third party or is threatening, libelous, defamatory, discriminatory, pornographic, sexually explicit, abusive, offensive, hateful, violent, or otherwise unlawful or tortious, including material that is harmful to children; (e) send or store Malicious Code; (f) interfere with or disrupt the integrity or performance of the Services or the data contained therein, or manufacture, hack, steal or create Tokens; (g) inquire about, engage in, or aid or assist anyone with any form of academic dishonesty or violations of academic integrity policies or other conduct policies of your Institution, including without limitation, completing assignments or projects, writing papers or essays, or taking (or helping take) quizzes or examinations on someone’s behalf; (h) modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Services except as expressly permitted by Applicable Law; (i) circumvent any User limits or other timing or use restrictions that are built into the Services; (j) remove any proprietary or copyright notices, labels, or marks from the Services; (k) frame or mirror any content forming part of the Services; (l) access the Services in order to (i) build a competitive product or service, (ii) monitor availability, performance, or functionality of the Services for any benchmarking or competitive purposes, or (iii) copy any ideas, features, functions or graphics of the Services or Tokens; (m) attempt to circumvent, disable, or otherwise interfere with security-related features or restrictions built into the Services to prevent any unauthorized uses of the Services; (n) include any (i) of your or another party’s Personal Information in the User Content or (ii) images of minors and/or vulnerable adults; and (o) permit any third party to use your username and password to access your User Account or the Services. You acknowledge and agree that Viz may: (x) if you are a Student User through an Institution, report any breach of this Agreement to your Institution; (y) take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Services, including threats of harm to yourself or another party; and (z) fully cooperate with any law enforcement authorities or court order requesting or directing Viz to disclose the identity or other information of any User posting User Content or using the Services.
11. User Content. Viz does not monitor User Content or Other User Content. If you believe any Other User Content is defamatory, breaches the Agreement, or infringes your or a third-party’s intellectual property rights, please contact us at support@viztutoring.com. Viz reserves the right to remove any User Content or Other User Content that it believes, in its sole and absolute discretion, does not comply with this Agreement or violates any third-party intellectual property right. You hereby consent to the removal of the User Content and waive any claim against Viz in connection with such removal.
12. Intellectual Property Rights:
(a) You retain all ownership rights, including any intellectual property rights, in the User Content. You acknowledge and agree that Viz has no obligation to protect or enforce such rights on your behalf. By uploading, posting, transmitting, or displaying User Content in the Services, you grant Viz, its affiliates, and any Platform Partner a non-exclusive, perpetual, irrevocable, transferable, sublicensable (including, without limitation, through multiple tiers of sublicensing), royalty-free, fully paid up, and worldwide license to (a) use, reproduce, modify, publish, distribute, perform, display, and transmit the User Content for the sole purpose of providing the Services to you, including without limitation inputting User Content into a third-party generative AI platform, and (b) use anonymized User Content both during and after the Subscription Term to optimize the Services and for any other lawful purpose, subject to the Privacy Policy.
(b) Viz retains ownership rights, including all intellectual property rights, in the Services. Viz retains the licensing rights in Third-Party Functionality.
(c) Nothing in this Agreement gives you a right to use any of Viz’s or any Platform Partner’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
(d) If Viz becomes aware of an actual or potential claim that the Services violates a third party’s intellectual property rights, Viz may, but is not required to, do any of the following in its sole and absolute discretion: (i) procure for you the right to continue to use the Services; (ii) replace or modify the Services with equivalent or better functionality so that your use is no longer infringing; or (iii) if (i) or (ii) are not commercially reasonable, terminate provision of the Services and refund to you any Token Fees for any periods after the termination of the Services for any unused Tokens
13. Suspension or Termination. You acknowledge and agree that Viz may, at its sole and absolute discretion, suspend or terminate your User Account and access to the Platform with or without notice and for any reason, including, without limitation, breach of this Agreement. Upon suspension or termination, your right to use the Platform will immediately cease, and we reserve the right to remove or delete any User Content.
14. Personal Information. Viz’s access to and use of your Personal Information is governed by Viz’s Privacy Policy, which is hereby incorporated into and made a part of this Agreement. To visit Viz’s Privacy Policy please click here.
15. Feedback. As part of using the Services, Viz may provide you with the opportunity to submit Feedback (defined below) regarding your use of the Platform. You agree, or if you are under 18 years of age your parents and/or legal guardians agree on your behalf, that in the absence of a separate written agreement to the contrary, Viz will be free to use any feedback you provide for any purpose. All right, title and interest in and to comments, suggestions, ideas, recommendations, or other feedback regarding your use of the Platform (collectively, the “Feedback”) is and shall be deemed to be our property and, by submitting Feedback to us you agree that you thereby assign all right, title and interest in and to such Feedback to us. Viz may use, copy, modify and incorporate into the Services any Feedback. You waive any moral rights or other rights of authorship in and to any Feedback in favour of Viz, including any rights you may have in the altered or changed Feedback even if it is no longer agreeable to you.
16. Data Storage. User Content may be subject to data storage limits. Viz reserves the right to charge for data storage that exceeds any data storage limit.
17. Disclaimers and Limitations of Liability:
(a) ACCESS TO AND ACCURACY OF THE PLATFORM. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK. NEITHER VIZ, NOR PLATFORM PARTNERS, NOR THEIR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS (COLLECTIVELY, “DISCLAIMING PARTIES”) WARRANT, AND THEY DO EXPRESSLY DISCLAIM, THAT THE USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR AS TO THE ACCURACY, RELIABILITY OR SUITABILITY OF ANY PLATFORM, INCLUDING ANY ADVICE OR INFORMATION PROVIDED BY OTHER USERS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VIZ OR THROUGH OR FROM USE OF THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. VIZ DOES NOT PROVIDE ANY WARRANTIES OR GUARANTEES REGARDING ANY TUTOR’S PROFESSIONAL ACCREDITATION, REGISTRATION, OR LICENSE, NOR REGARDING THE ACCURACY OR VERACITY OF THE TUTOR’S CONTENT PROVIDED. IN ADDITION, NOTWITHSTANDING ANY FEATURE WE PROVIDE TO EXPEDITE TUTOR SELECTION, VIZ DOES NOT WARRANT ANY GOODS OR TUTORING SERVICES PURCHASED BY YOU. AS EACH INDIVIDUAL LEARNS IN DIFFERENT CAPACITIES, VIZ
MAKES NO GUARANTEES ON INDIVIDUAL USER PERFORMANCE. YOUR USE OF THE SERVICES MAY DEPEND ON THE INTERNET, INCLUDING NETWORKS, CABLING, FACILITIES, AND EQUIPMENT THAT IS NOT IN OUR CONTROL. ACCORDINGLY: (I) WE CANNOT GUARANTEE ANY MINIMUM LEVEL REGARDING SUCH PERFORMANCE, SPEED, RELIABILITY, AVAILABILITY, USE, OR CONSISTENCY; AND (II) YOU ACKNOWLEDGE AND AGREE THAT DATA, MESSAGES, INFORMATION, OR MATERIALS SENT OVER THE INTERNET MAY NOT BE COMPLETELY PRIVATE.
(b) DISCLAIMERS. THE PLATFORM IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR AUDIENCE OR JURISDICTION, AND NON-INFRINGEMENT. SUBJECT TO APPLICABLE LAW, IN NO EVENT WILL ANY DISCLAIMING PARTY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF VIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF YOUR USE OF OR INABILITY TO ACCESS AND USE THE PLATFORM, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO VIZ’S RECORDS, PROGRAMS, SERVICES OR SYSTEMS. WITHOUT LIMITING THE FOREGOING OR ANYTHING ELSE HEREIN CONTAINED, IN NO EVENT WILL ANY DISCLAIMING PARTY BE LIABLE TO YOU FOR ANY DAMAGES, COSTS, CLAIMS OR OTHER LIABILITIES RELATED TO OR ARISING OUT OF THIS AGREEMENT, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, IN EXCESS OF THE VALUE OF THE TOKENS IN YOUR ACCOUNT AT THE TIME A CLAIM IS MADE OR IF NO ACCOUNT IS ACTIVE, IN EXCESS OF THE VALUE OF THE UNREFUNDED TOKENS YOU HAVE PURCHASED OVER THE PRECEEDING SIX MONTHS.
18. Indemnification: To the extent permitted by Applicable Law, you agree (or if you are under 18 years of age, your parents and/or legal guardians agree on your behalf) to indemnify and hold Viz and its subsidiaries, affiliates, officers, agents, and employees (collectively, “Indemnified Parties”) harmless from all liabilities, claims, actions, proceedings, demands, damages, debts, losses, costs, and expenses (including reasonable legal fees) incurred in connection with (a) any of your acts or omissions, including, without limitation, breach or non-performance of this Agreement or the Privacy Policy and any violation of any third party rights, including, without limitation, the infringement of third party intellectual property rights in relation to User Content, (b) your use of the Platform or Website, and (c) any User Content.
19. Law enforcement: You waive and hold harmless the Indemnified Parties from any and all claims resulting from any action taken by any Indemnified Party relating to any investigations by law enforcement.
20. Notices: All notices given by you to Viz must be emailed to support@viztutoring.com. Viz may give notice to you at either the email or postal address you provide in your User Account, or through a notice posted on the Platform. Notice will be deemed received and properly served immediately when posted on the Platform, 24 hours after an email is sent, or three 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. Viz may also contact you by (a) email to send you additional
information about the Platform, (b) push notifications to the extent you have consented to receive them, or (c) email for marketing purposes.
21. Severability: If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be struck from the Agreement and the remaining provisions of this Agreement shall remain in effect.
22. Waiver and Cumulative Remedies: No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
23. Entire Agreement: This Agreement represents the entire agreement between Viz and you, and it supersedes any prior agreement, understanding, or arrangement between Viz and you, whether oral or in writing.
24. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein excluding any body of law governing conflicts of law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE (OR IF YOU ARE UNDER 18 YEARS OF AGE YOUR PARENTS AND/OR LEGAL GUARDIANS AGREE ON YOUR BEHALF) THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.