Introduction
These terms of use (“Terms”) bind You, the company you represent, and the company that registered you (collectively “You”) to the terms and conditions set forth herein in connection with Your use of Widify, Inc.’s (“Our”, “We”, “Us”, or “Wisdify”) software, website, services, or other offerings on Our website (collectively, our “Services”). By using any of Our Services, You agree to become bound by the Terms. If You do not agree to all these terms, do not use Wisdify’s Services.
Wisdify reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all of the site. Wisdify shall not be liable to any user or other third party for any such modification, suspension or discontinuance of the site or its services, except as expressly provided in these Terms.
Additional Agreements
Any personal information submitted in connection with Your use of the Services is subject to Our Privacy Policy, which is hereby incorporated by reference into these Terms.
General
Our Services enable students (“Students”) to access recorded instruction and other learning services (the “Courses”) via Our Services. The Services include, without limitation, facilitating and hosting Courses and supporting materials.
From time to time, We may update these Terms to clarify our practices or to reflect new or different practices, such as when We add new features. Wisdify reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. Modifications will become effective on the day they are posted unless stated otherwise. Your continued use of Our Services after changes become effective shall mean that You accept those changes. You should visit the Services regularly to ensure You are aware of the latest version of the Terms, as any revised Terms shall supersede all previous Terms.
You are solely responsible for all service, telephony, data charges and/or other fees and costs associated with Your access to and use of the Services, as well as for obtaining and maintaining all telephone, computer hardware, and other equipment required for such access and use.
If You elect to access or use Our Services that involve payment of a fee, then You agree to pay, and will be responsible for payment of, that fee and all taxes associated with such access or use. If You provide credit card information to pay for such fees then You hereby represent and warrant that You are authorized to supply such information and hereby authorize Wisdify to charge Your credit card on a regular basis to pay the fees as they are due.
If Your payment method fails or Your Account is past due, then We may collect fees owed using other collection mechanisms. This may include charging other payment methods on file with Us and/or retaining collection agencies and legal counsel. We may also block Your access to any Services pending resolution of any amounts due by You to Wisdify.
All of Your use, access and other activities relating to the Services must be in compliance with all applicable laws and regulations, including, without limitations, laws relating to copyright and other intellectual property use, and to privacy and personal identity. Further, access to Our Services from territories where their contents are illegal is prohibited. Those who choose to access or use the Services from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, e-mail, or privacy. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside. If You use the Services from countries outside of the United States You must agree to abide by all local rules regarding online conduct and acceptable content.
All case studies or examples are designed for illustrative purposes only and do not, in any way, constitute a product recommendation, investment thesis, political stance, or corporate sponsorship.
Conduct
You may only access the Services for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to Your use of the Services.
Specific Obligations of Students
As a Student, You represent, warrant and covenant that:
- You have read, understood, and agree to be bound by the pricing information (see the Pricing section below) before using the Services or registering for a Course.
- You are over the age of 18, or, if not, You will only use the Services with the involvement, supervision, and approval of a parent or legal guardian. Children under the age of 13 may not register for an Account or register or purchase Courses.
- You will not upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise) through the Services.
- You will not post or provide any inappropriate, offensive, racist, hateful, sexist, pornographic, false, misleading, incorrect, infringing, defamatory or libelous content or information.
- You will not copy, modify, reverse engineer, reproduce, distribute, publicly display, publicly perform, communicate to the public, create derivative works from, deface, tarnish, mutilate, hack, interfere with, or otherwise use and exploit any Company Content, the Services or Courses or Submitted Content except as permitted by these Terms.
- You will not impersonate another person or gain unauthorized access to another person’s Account.
- You will not introduce any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or operation thereof; scrape, spider, use a robot or other automated means of any kind to access the Services.
- You will assume responsibility for controlling how Your personal information is disclosed or used, including, without limitation, taking appropriate steps to protect such information.
- You will not solicit personal information from any Instructor or other Student.
Registration
To use certain Services, You will need to register and obtain an account and password. When You register, the information You provide to Us during the registration process will help Us in offering content, customer service, network management and other services. You are solely responsible for maintaining the confidentiality of Your account, username, and password (collectively, Your “Account”) and for all activities associated with or occurring under Your Account. You represent and warrant that Your Account information will be accurate at all times. You must notify Us (a) immediately of any unauthorized use of Your Account and any other breach of security, and (b) ensure that You exit from Your Account at the end of each use of the Services. To the extent permissible under applicable law, we cannot and will not be responsible for any loss or damage arising from Your failure to comply with the foregoing requirements or as a result of use of Your Account, either with or without Your knowledge, prior to Your notifying Us of unauthorized access to Your Account.
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 authorized or registered another individual, including a minor, to use Your Account, You are fully responsible for (i) the online conduct of such Student; (ii) controlling that Student’s access to and use of the Services; and (iii) the consequences of any misuse.
Content, Licenses & Permissions
All software, technology, designs, materials, information, communications, text, graphics, links, electronic art, animations, illustrations, artwork, audio clips, video clips, photos, images, reviews, ideas, and other data or copyrightable materials or content, including the selection and arrangements thereof is “Content.”
Wisdify hereby grants You (as a User) a limited, non-exclusive, non-transferable license to access and use Content, for which You have paid all required fees, solely for Your personal, non- commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with particular Courses or Services. All other uses are expressly prohibited absent Our express written consent. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Content unless We give You explicit permission to do so. Content is licensed, and not sold, to You. Notwithstanding the foregoing, We reserve the right to revoke this license to access and use Content granted to You.
Pricing, Payment & Taxes
If You are a Student, You agree to pay the fees for Courses that You purchase, and hereby authorize Us to charge Your credit card for such fees. If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of notification from Us, and pay (at Our discretion) a late payment charge of 1.5% per month, or the maximum permitted by law, whichever is greater.
For sales of any Courses, You are responsible for remitting the taxes to the appropriate taxing authority (which may be different to the tax authority in Your own location). Wisdify is unable to provide You with tax advice and You should consult Your own tax advisor.
Refunds
All purchases are considered final and no refunds will be issued. Wisdify will not refund a purchase if the customer is not satisfied with the course.
Warranty Disclaimer
The Services, Content, Courses, and any other materials made available on or through the use of the Services are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Wisdify disclaims all warranties, express or implied, including without limitation, implied warranties of accuracy or fitness for a particular purpose. Wisdify does not warrant that your use of the Services will be uninterrupted, error-free or secure, that defects will be corrected, or that the services, the submissions, the server(s) on which the services are hosted, or any Services available on any third party platform are free of viruses or other harmful components. No opinion, advice or statement of Wisdify, whether made through the use of the Services, or on third party platforms or otherwise, shall create any warranty. Your use of the Services are entirely at your own risk.
If there are any errors or technical issues with a course, please notify Wisdify at hello@wisdify.com and Wisdify will work to correct that error or technical issue immediately.
Wisdify periodically schedules system downtime for the Services for maintenance and other purposes. Additionally, unplanned system outages may occur. You agree that Wisdify has no responsibility and is not liable for: (a) the unavailability of the Services; (b) any loss of materials, data, transactions or any other information or materials caused by such system outages; (c) the resultant delay, mis-delivery, or non-delivery of data, transactions or any other information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation, any companies or servers hosting the Services, any Internet service providers, any third party platforms, or any internet facilities and networks.
Termination
Wisdify reserves the right to terminate, suspend, modify, or delete, at Our sole discretion, any (a) Content, Courses, or any Service; and (b) Your access to Our Services or Your Account, as follows:
If You breach or violate any of these Terms or any of Our applicable policies, as posted on Our Services from time to time, Wisdify may take action immediately without prior notice to You. If We take action pursuant to this section, We shall not have any liability to You for any Course(s) You may have purchased nor for any other use of Our Services associated with Your Account. For avoidance of any doubt, You understand and agree that You will not be compensated nor be eligible for any refund under any circumstances for any such access lost to Our Services, including without limitation to Course(s) You may have purchased;
You may terminate Your use of the Services at any time, either by ceasing to access them, or by deleting Your Account, by following the steps set forth in Our Privacy Policy and subject to the terms therein. We have no obligation to retain any of Your Account or Content for any period of time beyond what may be required by applicable law.
Electronic Notices
By using Our Services or communicating with Wisdify, You agree that Wisdify may communicate with You electronically regarding security, privacy, and administrative issues relating to Your use of the Services or these Terms. If Wisdify learns of a security system’s breach, Wisdify may attempt to notify You electronically by posting a notice through the Services or sending an email to You. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw Your consent from receiving electronic notice), please write to Wisdify at support@wisdify.com. Notice will be deemed given twenty-four hours after e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, Wisdify may give You legal notice by mail to a postal address, if provided by You through Your use any of the Services. In such case, notice will be deemed given three days after the date of mailing.
Miscellaneous
Entire Agreement. These Terms and any policies applicable to You posted on Our Services constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.
Severability. If any provision of these Terms is found to be illegal, void or unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions of these Terms.
No Agency. Nothing in these Terms shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither Wisdify nor any other party to these Terms shall have, or 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 shall be binding on the other except as provided for herein or authorized in writing by the party to be bound.