Last updated: August 2023
1. What’s in these terms?
Welcome to vizzy.com or such other domains we may provide from time to time (the “Websites”) where you can create an account to access VIZZY’s online platform (the “Platform”) and receive related services from VIZZY (the “Services”).
These terms tell you the terms and conditions relating to your use of, including how you view, interact and upload Content (as defined below) to, the Websites and/or Platform, or such other domain names and websites as we may provide from time to time, and your receipt of related Services from time to time.
Please read these terms and conditions of use (“Terms”) carefully before using the Websites, Platform or accessing or uploading any Content.
2. Who do these terms apply to?
These Terms apply to anyone who accesses or uses the Websites and/or Platform, and/or any person who uploads or posts information, pictures, text, questions, answers, prompts, videos, graphics or other content (together, “Content”) to their page within VIZZY (“Profile”) or to a customer of VIZZY’s business page (“Business Page”).
You may upload Content and create a Profile either as an independent user who has signed up themselves to create a Profile (“Independent User”) or as an authorised user who has been invited to create a Profile for a job application to a company who uses VIZZY Services (“Customer”) or in relation to their existing employment or engagement by a Customer (in each case, an“Authorised User”). Independent Users and Authorised Users are together referred to as “Users”.
3. Who are we and how can you contact us?
The Websites, Platform and Services are provided by Thinking Sky Blue Limited, t/a VIZZY, a company registered in England and Wales under company number 12990046 with registered address at The Dairy, Manor Courtyard, Aston Sandford, Bucks, England, HP17 8JB (“VIZZY”, “We” or “Us”, “Our”). Our VAT number is 370464010.
The best way to contact Us is via email at hello@VIZZY.com.
4. Who you are
If you are an Independent User, you represent and warrant that you are 18 years old or over and are a natural person, i.e., you are not a company or other business.
If you are an Authorised User, you represent and warrant you have the permission to create a VIZZY and access a Business Page, including to upload Content.
If you are a person otherwise accessing the Websites and/or Platform for the purpose of deciding whether to sign up to VIZZY, including whether to sign up your company or business, you represent and warrant that you have the authority to do so.
Our Websites and Platform are intended for Users based in the UK and we do not knowingly seek to obtain Users in any other country. While you may be able to access the Websites, Platform or view, create and share Content from outside the UK, we do not represent and warrant that the Websites, Platform or its functionalities are suitable for use in other locations or that they comply with local rules.
You must therefore not use the Websites or Platform unless you are in the UK, or unless we have provided separate terms and conditions to you regarding the use of the Websites and/or Platform.
5. By using our Websites and/or Platform you accept these Terms
By using our Websites and/or Platform and/or viewing or uploading any Content, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Websites or Platform at all, including to view, browse, search or upload any Content by creating or accessing any Profiles or Business Pages.
From time to time, we may present these Terms to you (including, without limitation, during signing up to create a Profile, uploading Content, distributing invites to Authorised Users or after we’ve changed the Terms) and may also ask for your specific agreement at that stage. If you do not accept these Terms on any occasion, your use of the Websites and/or Platform thereafter will nevertheless indicate your acceptance of these Terms. Notwithstanding our efforts to present Terms to you, you agree and accept that we are not obliged to do so and your deemed acceptance by virtue of your use of the Websites and/or Platform shall make these Terms binding on you.
We particularly draw your attention to section 13 (Rights you are giving us to use Content you upload), which explains how your information and information about other Users may be used and searched on the VIZZY Platform.
6. We may make changes to these Terms
We may amend these Terms from time to time. Those changes will be effective from the moment that the revised Terms are posted on this page or elsewhere on the Websites and/or in the Platform. It is your responsibility to review the Websites, Platform and these Terms periodically and to be aware of any modifications before you use the Websites and/or Platform.
Your continued use of the Websites and/or Platform after any changes will constitute your: (a) acknowledgment of the revised Terms; and (b) agreement to abide and be bound by the revised Terms.
7. Other terms which may apply to you
These Terms refer to the following additional terms and policies which may apply to your use of the Websites and/or Platform:
- User Generated Content Policy– our policy setting out the content standards and rules surrounding uploading Content to our Websites and/or Platform;
- VIZZY Customer T&Cs– the terms and conditions between a Customer and VIZZY whereby VIZZY agrees to make the Platform available to the Customer and it’s Authorised Users and provide Services to from time to time.
8. We may make changes to our Websites and/or the Platform
We may update and change our Websites and/or Platform from time to time and features or functionality may be added or removed without notice to you.
We do not guarantee the availability of any particular part of the Websites and/or Platform, or of Content you may upload or Profiles which you create, view or search.
We will try, but are not obliged to, give you reasonable notice in the event of material changes to the Websites and/or Platform, or of the functionality within the Platform, including relating to creating, editing and/or sharing Profiles.
9. We may suspend or withdraw our Websites and/or Platform
We do not guarantee that our Websites or Platform, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Websites or Platform, or any part thereof, for technical, maintenance, business or operational reasons. We will try to give you reasonable notice of any planned suspension or withdrawal but are not obliged to do so.
10. The Websites and Platform are protected by intellectual property rights
We are and shall remain the owner or the licensee of all intellectual property rights in our Websites and Platform, and the layout, content, text, images and typography included therein (“Our Content”), which excludes Content you or other Users upload.
You may not copy, modify, publish, capture, perform, transmit, transfer, sell, license, reproduce, re-post, create derivative works from or based upon, reverse engineer, upload, link, distribute, exploit or alter the Websites or Platform, Our Content, or any parts thereof, unless expressly permitted by us in writing.
Nothing in these Terms shall be construed as conferring by implication or otherwise any licence or right to use any intellectual property right whatsoever and you shall not acquire ownership of any part of the Websites, Platform or Our Content, or Content uploaded by others.
You must not use any part of Websites, Platform or Our Content for commercial purposes without obtaining a licence to do so from us or our licensors.
The word “VIZZY” together with the stylised typography of ‘VIZZY’ are our registered trade marks in the UK. You are not permitted to use either or both of them without our approval. All names, images and logos identifying us or our affiliates, partners or third parties and our/their products and services are proprietary marks and may not be reproduced or otherwise used without express permission.
11. How you may use the Websites and Platform
You must not:
- misuse our Websites or Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- attempt to gain unauthorised access to our Websites or Platform, the server on which our Websites or Platform are stored or any server, computer or database connected to our Websites or Platform;
- attack our Websites or Platform via a denial-of-service attack or a distributed denial-of service attack;
- conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our Websites, Platform, Our Content or the Profiles of others or Business Pages, or other Services provided via, or in relation to, our business. This includes using (or permitting, authorising or attempting the use of):
- any "robot", "bot ", "spider ", "scraper " or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the site or any data, content, information or services accessed via the same; and/or
- any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations.
By breaching these provisions, you may be committing a criminal offence under the 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 Websites and Platform will cease immediately.
The provisions in this section 11 should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790).
To use our Websites and Platform, you must have access to a secure internet connection and be using a compatible device. We are not responsible in any way for your inability to use the Websites or Platform. You will be responsible for any costs and other charges or expenses charged by your Internet Service Provider or network operator in relation to your internet service, your mobile service and any use of such in relation to your use of the Websites.
You are also responsible for ensuring that all persons who access our Websites and/or Platform through your internet connection are aware of these Terms and that they comply with them.
You may be able to use our Websites and/or Platform, view Profiles and/or Business Pages without registering an account with us, but we reserve the right to require you to register with us in order to access all or some functionalities within the Websites and/or Platform, view Profiles and/or Business Pages.
12. Uploading Content to the Platform (Profiles and/or Business Pages)
Whenever you upload Content, either as an Independent User or Authorised User, including to Profiles or Business Pages, or use features we may provide from time to time to interact with other Users, you must comply with these Terms and with the content standards set out in our User Generated Content Policy.
You warrant that any such contribution does comply with those standards, and 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 the Platform 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, your employer or prospective employer (our Customer) and other users of our site 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 in section 13 (Rights you are giving us to use Content you upload).
We also have the right to disclose your identity to any third party who is claiming that any Content posted or uploaded by you constitutes a violation of their intellectual property rights or of their right to privacy.
We have the right to remove any Content you make on our site if, in our opinion, your post does not comply with the content standards set out in our User Generated Content Policy.
If you wish to contact us in relation to Content you have uploaded to the Platform and that we have taken down, please contact us at hello@VIZZY.com.
You are solely responsible for securing and backing up your Content.
You must not upload any material that could incite a terrorist offence, solicit any person to participate in terrorist activities, provide instruction on any method or technique for committing a terrorist offence or threaten to commit a terrorist offence.
13. Rights you are giving us to use Content you upload
- you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce (including copying for the purpose of using automated analytical techniques to analyse text and data for patterns, trends and other useful information), distribute, prepare derivative works of, display, and perform that user-generated Content in connection with the operation and promotion of the Platform and/or the Services we may provide and across different media, including to promote the Websites and/or Platform or our Services. If you delete Content, we shall be entitled to store the Content in our backend systems unless and until you request us to delete your Content, and only then if we are not obliged to retain such Content for legal or regulatory purposes or by virtue of a contract we have with you or a Customer;
- you grant your employer or prospective employer (our Customer) a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce (including copying for the purpose of using automated analytical techniques to analyse text and data for patterns, trends and other useful information), distribute, prepare derivative works of, display, and perform that user-generated Content in connection with its business, people management, diversity and inclusion initiatives, recruitment practices and generally in respect of your application to a role or a current, past or prospective role at that company. If you delete Content, your employer or prospective employer shall be entitled to store the Content in its own systems or our backend systems unless and until you request us and/or them to delete your Content. We or your employer or prospective employer may retain your Content if it is required to for a legal or regulatory purposes or by virtue of a contract it has with you;
- as an Independent User, you grant Users a worldwide, non-exclusive, royalty-free, transferable licence to use the Content in accordance with the functionality of the site;
- as an Authorised User, you grant other Authorised Users a worldwide, non-exclusive, royalty-free, transferable licence to use the Content in accordance with the functionality of the site and/or in accordance with the relevant Customer’s purposes.
You must therefore only upload Content which you are happy for us, your employer or prospective employer, and other Users and Customers to see, view, search and/or use for the purposes of finding candidates, understanding the workforce, social networking, understanding diversity and inclusion and such other purposes from time to time.
14. You must keep your account details safe
If you choose, or you are provided with, user identification code(s), password(s), link or any other piece of information or access route as part of our security procedures, including the details to access your account section of the Platform to create and edit Profiles and Business Pages, 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.
15. Can you link to our Websites or Platform?
You may link to the home page of vizzy.com, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You may also link to the Business Page of the Customer you work at and/or to your Profile.
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 Websites or Platform in any website that is not owned or operated by you, except that you may link to the Business Page of the Customer you work at and/or to your Profile on social media sites.
Except as provided in these terms, our Websites or Platform must not be framed on any other site, nor may you create a link to any part of our Websites other than the home page.
We reserve the right to withdraw any linking permission given under this section 15 without notice.
The website in which you are linking must comply in all respects to acceptable standards and relevant laws.
If you wish to link to or make any use of Our Content, the Websites and/or Platform other than that set out above, please contact hello@VIZZY.com.
16. We are not responsible for websites we link to
Where our Websites and/or Platform contain 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. You access the sites via such links entirely at your own risk.
We have no control over the contents of those sites or resources.
17. User-generated Content is not approved by Us
The Websites and Platform may include information and materials uploaded by other Users, including, without limitation, Profiles, Business Pages and/or Content therein. This information and these materials have not been verified or approved by us. The views expressed by other Users do not represent our views or values.
18. How to complain about or report Content
If you become aware of any material that could comprise or be connected to child sexual abuse or exploitation or that could comprise terrorist content or be connected to terrorism, please contact us immediately on hello@VIZZY.com.
If you wish to complain about any other content, please contact us on hello@VIZZY.com.
19. Interactive Content
From time to time our Websites and/or Platform may allow you to communicate with other Users via an interactive service (“Interactive Service”).
Where we do provide any Interactive Service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for Users from third parties when they use any Interactive Service provided on or via our Websites or Platform, and we will decide in each case whether it is appropriate to use moderation of the relevant Interactive Service (including what kind of moderation to use) in the light of those risks. As our Websites and Platform is strictly for Users over the age of 18, we do not permit the use of Interactive Services by minors.
We are under no obligation to oversee, monitor or moderate any Interactive Service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Service by a User in contravention of these Terms and/or the User Generated Content Policy, whether the Interactive Service is moderated or not.
While we prohibit the use of our Interactive Services by minors, we advise parents who permit their children to use online services generally that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any online service should be made aware of the potential risks to them.
Where we do moderate an Interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
We do not store terrorist content.
20. Our responsibility for loss or damage suffered by you
We do not warrant or guarantee that the Websites, Platform, or the server that makes the Websites or Platform available are error or virus free or free of other harmful components, or that the Websites or Platform contained therein will always be available or that your use of it or them will be uninterrupted. You are responsible for configuring your information technology, computer programmes and platform to access our Websites and/or our Platform. You should use your own virus protection software.
In no event will we be liable for:
- any damage or loss caused to you while using the Websites or Platform in breach of these Terms, including, but not limited to, in the case of you being an Independent User, where you use the Websites or Platform for purposes other than your own personal, non-commercial use;
- any loss of data that results from your use of the Websites and/or Platform;
- any loss of income, revenue, business, profits, contracts, business or job opportunities, that results from your use of the Websites and/or Platform;
- any failure, suspension and/or termination of access to the Websites or Platform in connection with or arising out of an event which is outside our reasonable control (including but not limited to strikes, lock-outs or other industrial disputes, nuclear accident or acts of God, war or terrorist activity, riot, civil commotion, malicious damage, compliance with any law or government order, rule regulation or direction, accident or breakdown of plant or machinery, fire, flood, storm or default of suppliers, epidemics or pandemics, and where they are beyond our reasonable control, any other acts, events, omissions or accidents);
- any claims brought against you by a third party; and/or
- any damage or loss caused to you where such damage or loss (i) is not reasonably foreseeable to you and us when you use the Websites and/or Platform or (ii) is reasonably foreseeable to you and us but is only indirectly related to your use of the Websites and/or Platform, in both cases including where the damage or loss results from our breach of these Terms.
Our Content and any Content of Users or other materials included on the Websites and/or Platform do not, and are not intended to, amount to advice on which you should rely, including in respect to “suggested” or “recommended” products, services, resources or other material. Consequently, we do not accept any responsibility or liability for any actions or omissions that you may take in reliance on such content or materials.
Although we make reasonable efforts to update the information on the Websites and Platform, we make no representations, warranties or guarantees, whether express or implied, that Our Content is accurate, complete or up to date.
Nothing in these Terms will:
- restrict your statutory rights as a consumer; or
- limit our liability for death or personal injury resulting from our negligence or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or other liability which cannot be excluded or limited under applicable law.
21. Your responsibility for loss or damage suffered by us
You agree to compensate us in respect of any damages suffered by us or any of our losses resulting from any claim made by a third party in each case in respect of any matter arising from your use of the Websites or Platform in breach of these Terms or from your violation of any applicable law or regulation.
22. What happens if there is a dispute about these Terms
These Terms are available in English only and are governed by and construed in accordance with the laws of England and Wales (or the laws of Scotland if you are domiciled there). Disputes arising in connection with these Terms are subject to the non-exclusive jurisdiction of the courts of England and Wales.
23. What happens if part of these Terms is not enforceable
If any provision of these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable then that invalid or unenforceable part will be deemed deleted from these Terms, and such invalidity or unenforceability will not affect the other provisions of these Terms which will remain in full force and effect.
24. We may transfer this agreement to someone else
We may transfer our rights and obligations under these Terms to another organisation. You are not permitted to transfer any your rights under these Terms to any other person.