THE VIZZY WEBSITE TERMS AND CONDITIONS OF USE FOR INDIVIDUALS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR VIZZY WEBSITE

Welcome to the VIZZY website (VIZZY.COM) and the online services of Thinking Sky Blue Limited. Thinking Sky Blue Limited trades as “VIZZY”. (“VIZZY” “we,” or “us”).

These Terms and Conditions of Use dated 20 July 2022 (“Effective Date”) constitute a legal binding contract (“Agreement”) between VIZZY and yourself (referenced by the terms “you” or “your”), which govern your access to and/or use of our VIZZY.COM website (“Our Site”), our Progressive Web Application (“Our App”) and your access to and/or use of any of our products, functions or services (“Services”) which you elect to use or purchase from us.

This Agreement applies to all persons who visit, use or access Our Site and Services (“Users”). By accessing Our Site and/or using our Services, you signify that you have read, understood, and agree to be bound by the terms and conditions of this Agreement.

Users can be:

(i) Persons who access and/or use Our Site on their own account for their own individual purposes or

(ii) Persons who access and/or use Our Site on the recommendation or instruction of their employer company or organisation (“Premium User”).

The Persons referred to in (i) and (ii) above are both categorised as individual users of Our Site (“Individual Users” ). As an Individual User, you can be a Visitor (a browser who visits our site but does not register or engage with Our Site) or a Registered Individual User or a Premium User (who by virtue of their employers' contract with us will gain access to premium features), and by accepting to be bound by the terms and conditions of this Agreement, as an Individual User you represent and warrant that you have full legal authority to enter into this Agreement yourself and acknowledge and agree to be bound by the terms and conditions of this Agreement.

This Agreement incorporates:

(i) Our General Terms and Conditions of Use for Individual Users

(ii) Our Privacy Policy

We reserve the right to amend this Agreement (including all incorporated terms) at any time by notifying you through Our Site. Your continued use of our Services after any such change constitutes your acceptance of the revised Agreement. If you do not agree to any of the terms of this Agreement at any stage (whether they have been amended or not), you are not permitted to access or use Our Site or access or use any of our Services.

OUR GENERAL TERMS AND CONDITIONS OF USE FOR INDIVIDUAL USERS

These General Terms and Conditions of Use set out the rules that apply to all Individual Users of our website www.VIZZY.com (“Our Site”) or our Progressive Web Application (“Our App”).

The issues covered in these General Terms and Conditions of Use are set out in the sections below.

1. WHO WE ARE AND HOW TO CONTACT US

www.VIZZY.com is a site operated by Thinking Sky Blue Limited (“We”). We are registered in England and Wales under company number 12990046 and have our registered office at The Dairy, Manor Courtyard, Aston Sandford, Bucks, England, HP17 8JB. Our VAT number is 370464010.

We are a limited company, in the business of helping people present themselves professionally, through the use of our VIZZY product, brand and platform, which seeks to go beyond the CV and other personal professional profiles and provides people with the opportunity to communicate about themselves, their personality and their experience in a new, refreshing way.

To contact us, please email hello@VIZZY.com.

2. BY USING OUR SITE YOU ACCEPT THESE TERMS

By using Our Site, including, if you create a VIZZY personal profile, you confirm that you accept these General Terms and Conditions of Use and that you agree to comply with them. Using Our Site includes, reading or browsing the content, taking an assessment, creating a VIZZY personal profile and/or interacting with Our Site in any way.

If you do not agree to, all of these Terms and Conditions, you must not use Our Site.

If you decide to use Our Site, we recommend that you save a copy of these Terms and Conditions for future reference.

We particularly draw your attention to Section 15 below headed

“YOUR USE OF OUR SITE – UPLOADING YOUR CONTENT AND PERSONAL INFORMATION. THE RIGHTS YOU GIVE US TO USE YOUR CONTENT AND PERSONAL INFORMATION AND THE RIGHTS YOU GIVE TO OTHER VIZZY USERS TO SEARCH YOUR CONTENT AND PERSONAL INFORMATION”

which explains how your information and information about other VIZZY Users may be used and searched for generally within Our Site.

3. THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of Our Site:

• Our Privacy Policy. See further under ‘How we may use your personal information.’
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of Our Site. When using Our Site, you must comply with this Acceptable Use Policy.
• Our Cookie Policy, which sets out information about the cookies on Our Site.

If we make paid Services available to Individual Users, you will be directed to the area of Our Site where those Services may be purchased and as part of any purchase you make you will be asked to agree to additional terms and conditions relevant to the specific purchases that you make.

If you are using Our Site on the recommendation or instruction of your employer, you need to be clear about the basis on which your employer wishes you to use Our Site. You will therefore need to refer to your contractual position with your employer, however, notwithstanding any contract you have with your employer, these Terms and Conditions of Use shall apply to your use of this Site and shall take precedence regarding the basis on which you use Our Site and or access our Services.

4. WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use Our Site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 20 July 2022.

5. WE MAY MAKE CHANGES TO OUR SITE

We may update and change Our Site from time to time to reflect changes to our Services, our Users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

6. WE MAY SUSPEND OR WITHDRAW OUR SITE

Our Site is made available free of charge.

We do not guarantee that Our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of Our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access Our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

7. WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under this Agreement.

8. YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms and conditions.

If you know or suspect that anyone other than you, knows your user identification code or password, you must promptly notify us at hello@VIZZY.com

9. HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in Our Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from Our Site for your personal use and you may draw the attention of others within your organisation to content posted on Our Site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on Our Site must always be acknowledged.

You must not use any part of the content on Our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of Our Site in breach of these terms of use, your right to use Our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

10. DO NOT RELY ON INFORMATION ON THIS SITE

The content on Our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action, on the basis, of the content on Our Site.

Although we make reasonable efforts to update the information on Our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on Our Site is accurate, complete or up to date.

11. WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where Our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

12. USER-GENERATED CONTENT IS NOT APPROVED BY US

This website may include information and materials uploaded by other Users of Our Site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other Users on Our Site do not represent our views or values.

13. HOW TO COMPLAIN ABOUT CONTENT UPLOADED BY OTHER USERS

If you wish to complain about content uploaded by other users, please contact us on hello@VIZZY.com

14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU AS AN INDIVIDUAL USER ON OUR SITE

• We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability, arising as a result of the sale of any Services to you, which will be set out in our terms and conditions of supply in relation to any specific purchase that you make.
• Please note that we only provide Our Site to you for domestic and private use, or for your use in connection with your employers' contract with us. Save where you are accessing and using Our Site in connection with your employers' contract with us, you agree not to use Our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity in any circumstances.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

15. YOUR USE OF OUR SITE – UPLOADING YOUR CONTENT AND PERSONAL INFORMATION. THE RIGHTS YOU GIVE US TO USE YOUR CONTENT AND PERSONAL INFORMATION AND THE RIGHTS YOU GIVE TO OTHER VIZZY USERS TO SEARCH YOUR CONTENT AND PERSONAL INFORMATION

Your participation in Our Site and decision to join the VIZZY community will involve you signing up to VIZZY and uploading your content and personal information. By signing up to VIZZY and uploading your content and personal information you acknowledge and agree THAT:

• We may use your personal information as set out in these terms and conditions and in our Privacy Policy and we will only do so on this basis. Your content and personal information will be used for the purposes of establishing your VIZZY account and for the purposes of adding your VIZZY personal details to the VIZZY talent pool.
• Automatic open access to search your content and personal information will be given to all other VIZZY Users which includes both Individual Users and VIZZY business clients (Business Users). Your VIZZY content and personal details will therefore be included in our talent pool and will be discoverable by other Individual Users and Business Users who are looking for talent. At the same time, you will be given the same access to search all other VIZZY Users (both Individuals and Businesses).
• You may also be contacted by any of our VIZZY Individual Users and Business Users if you activate the contact facility. You can do this by clicking the “VIZZY Contact Button.”

Whenever you make use of a feature that allows you to upload content to Our Site, or to make contact, with other users of Our Site, you must comply with the content standards set out in our Acceptable Use Policy.

You warrant that if any such contribution does comply with those standards, you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer, as a result of your breach of warranty.

Any content you upload to Our Site will be considered non-confidential and non-proprietary. You retain, all of your ownership rights in your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to Our Site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on Our Site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

When you upload or post content to Our Site, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the Services provided by Our Site and across different media including to promote Our Site or the Services, to expire when You delete the content from the site.

If you are using Our Site on the recommendation or instruction of your employer, you may take advantage of any enhanced features on Our Site which your employer has contracted with us to provide to its employees. You need to check this with your employer, who will confirm the basis on which and the features which, you will be able to use, by virtue of your employment and your contract with your employer.

In the event that (i) your employer ceases to contract with us or (ii) you cease to be employed by the employer (who recommended or instructed you to use Our Site and enabled you to use enhanced features on our site), you will revert to being a person (a VIZZY User) who accesses and/or uses Our Site on your own account for your own individual purposes only. Therefore, you will continue to be an Individual User but there will be no connection between you and that employer in relation to your use of Our Site and your ability to use any previously agreed enhanced features on Our Site will cease. You will though continue to be part of the VIZZY community and talent pool on an on-going basis until you inform us otherwise.

16. WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that Our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access Our Site. You should use your own virus protection software.

You must not misuse Our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to Our Site, the server on which Our Site is stored or any server, computer or database connected to Our Site. You must not attack Our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the UK Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use Our Site will cease immediately.

17. RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to Our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of Our Site other than the home page. We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to link to or make any use of content on Our Site other than that set out above, please contact hello@VIZZY.com

18. WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

As an Individual User and consumer, please note that these General Terms and Conditions of Use, their subject matter and their formation, are governed by English Law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

19. OUR TRADEMARKS

All trademarks used on Our Site and used generally in our business including the trademark “VIZZY” together with the stylised typography of ‘VIZZY’ are trademarks of Thinking Sky Blue Limited whether registered, unregistered or pending registration. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on Our Site.