Terms & Conditions
Terms of Use
INTELLECTUAL PROPERTY AND TERMS OF USE LICENSE
This website, Wizert and its contents are the exclusive property of Learnpick Technologies Inc. (LearnPick) having its registered office at 2928 Redbud Ave Oakville ON L6J 7J4, Canadaand are protected under the laws governing Intellectual Property Rights in Canada.
These Intellectual Property Rights (“IPRs”) and Terms of Use apply to all users of this website and may be amended from time to time without prior notice. You may not remove any trademark, copyright or other proprietary notices from such copy nor modify the material or content in any way. You may not modify, copy, duplicate, print, archive, distribute, transmit, display, perform, reproduce, reverse engineer, publish, license, assign, create derivative works from, transfer or sell any information, material, software, products or services from this website without the prior written consent of Wizert. Subject to the foregoing, you may view and print the content of this website for use, which is strictly private, personal and non-commercial. By accessing this website, you acknowledge and agree to accept, be bound by and comply with these terms and conditions of use without modification.
As a condition of your use of this website, you represent and warrant to Wizert that you will not use this website for any purpose that is unlawful, immoral or prohibited by these terms and conditions of use. Wizert reserves the right to take such steps as it deems necessary, including legal action, to restrain such unauthorized and prohibited activity and we reserves the right to suspend or terminate your access to any part of this Website or the Services immediately, without prior notice, at our sole discretion. You are solely and fully responsible for all consequences, however remote, resulting from your use of our Website, services, and online platform.
If you do not agree and accept without modification these terms and conditions of use, do not use this website. Other than this agreement and any agreement between you and Wizert relating to the services it provides, Wizert will not enter into any agreement with you or otherwise be obligated to you through your use of this website and no attempt to create such an agreement or obligation will be effective.
TRADEMARKS AND COPYRIGHT
Wizert, and related words and logos are trademarks or trade names of LearnPick in Canada and other jurisdictions. LearnPick is also the owner in Canada as well as other foreign jurisdictions of additional trademarks, registered and unregistered. Nothing in these Terms or on this Website will be construed as granting or conferring, either expressly, by implication, by estoppel or otherwise, a licence or other right to you to use any such marks or names or any other intellectual property right of LearnPick. The names of other companies, products and services referred to on this Website may be trademarks or tradenames of their respective owners. Any unauthorized use of the trademarks or tradenames of LearnPick or of third parties is strictly prohibited.
The materials provided on this Website including, without limitation, all portions of this Website, content, site design, text, graphics and the selection and arrangement thereof, are protected by copyright. All rights reserved. Title to the Wizert materials remains with LearnPick and any unauthorized use of such materials is strictly prohibited. LearnPick reserves the right to take such steps as it deems necessary, including legal action, to enforce its rights under trademark and copyright law.
REGISTRATION OBLIGATIONS
To use certain areas of this Website, you must first complete the registration process to create an account and select and register a unique username and password (“Credentials”). Your account and Credentials are specific to you and may not be shared with or transferred to any other person. You are solely responsible for maintaining the confidentiality of your Credentials and you will be held responsible for any harm caused by disclosing or resulting from any unauthorized use of your Credentials. You will not permit any other person to use your Account or Credentials, and you will immediately notify Wizert if you know or suspect that your Account or Credentials have been used by any other person.
During the registration process, you will provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the “Registration Data”). You will also maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or complete, or Wizert has reasonable grounds to suspect that such information is untrue, inaccurate, not current or complete, Wizert has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) by you. Children under 13 years of age cannot register on any part of this website without parental consent.
Wizert may act upon any communication that is given through your Account or by using your Credentials. You may be required to change your Credentials from time to time.
PRIVACY POLICY
Your Credentials, Registration Data and any other information that you provide to us through this Website, as well as certain other information about you, is subject to Wizert’s Privacy Policy [insert link to Privacy Policy]. Your privacy is important to us. For more information, please see our Privacy Policy [insert link to Privacy Policy] for details.
COOKIES AND ELECTRONIC DATA
Wizert may collect certain data for general statistical information each time this website is visited. We collect this information through the server web logs and may consist of dates and times of visits to this website, the IP addresses of visitors to this website, the operating system, and browser version of the computers of visitors to our website.
This data is not used individually to identify users of this website, but is used to analyze system performance, usage, peak usage and usage trends. This website may employ the use of "cookies". Cookies are small data files (text) that are transferred from a standard web server to a user's browser. Cookies contain information that can be read by a web server for record-keeping purposes. The use of cookies is a standard practice on the Internet and can improve the service that a website provides. The information stored in cookies is not used to personally identify an individual and does not contain "personal" information or data. Cookies may be rejected if a user's browser is set to reject or deny cookies; if a user has a third-party program installed that interferes or prevents cookies (i.e., certain firewalls, anti-virus or anti-spyware programs) or notifies the user whenever a cookie is sent to the user's computer.
Wizert sends cookies and when your browser rejects these cookies, it may limit your access or functionality of this website.
LINKS TO THIRD PARTY WEBSITES
This website may contain links or references to websites, products or services owned, operated or offered by third parties other than Wizert or its affiliates (“Third Party Sites”), including, but not limited to certain of its suppliers, all of which are provided for your reference only.
Wizert does not control the Third-Party Sites.We are not responsible for the content of Third-Party Sites and expressly disclaims all responsibility and liability in relation to the information contained in Third Party Sites. The inclusion of links to Third Party Sites on this website does not imply any endorsement or approval by Wizert of the content or materials on Third Party Sites or the products or services that may be offered on Third Party Sites nor does such inclusion unless expressly disclosed otherwise, imply:
(i) any sponsorship, affiliation, partnership or association of Wizert with the owner or operator of Third-Party Site; or
(ii) any authorization of Wizert to use any copyright, trademark, logo, trade name or other legally protected material that may appear in the Third-Party Sites.
The content of Third-Party Sites is the sole responsibility of the owner or operator of the linked site.
DISCLAIMER
THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS," "WHERE IS," "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. WIZERT AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES REGARDING QUIET ENJOYMENT, QUALITY OF INFORMATION, SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY OF BACKED-UP DATA AND PERFORMANCE OF THE SITE AND SERVICES. WIZERT DOES NOT WARRANT THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE AND SERVICES WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL, OR THAT ENCRYPTION ALGORITHMS, ASSOCIATED KEYS AND OTHER SECURITY MEASURES WILL BE SECURE OR EFFECTIVE. WIZERT DOES NOT WARRANT THAT PROVISION OF TUTOR SERVICES WILL PRODUCE ANY LEVEL OF PROFIT OR BUSINESS FOR YOU OR OTHERWISE PROVIDE ANY ECONOMIC BENEFIT.
YOU ACKNOWLEDGE AND AGREE THAT: (A) WIZERT DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT (I) VIRUSES, WORMS, TROJAN HORSES, AND OTHER UNDESIRABLE DATA OR SOFTWARE, OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEBSITES, COMPUTERS, OR NETWORKS; (B) WIZERT WILL NOT BE RESPONSIBLE FOR ANY OF THE FOREGOING ACTIVITIES; (C) YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS; AND (D) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WIZERT OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH TUTORS AND OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERACTION WITH TUTORS OR USERS VIA THE SERVICES OR OTHERWISE. YOU UNDERSTAND THAT WIZERT DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES, NOR DOES WIZERT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF TUTORS, USERS AND OTHER USERS OF THE SITE OR SERVICES. WIZERT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF TUTORS, USERS OR OTHER USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OR USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES.
SOCIAL MEDIA
Wizert uses social media to serve an extension of its presence on the Internet. Social media account(s) are public and are not hosted on Wizert servers. Users who choose to interact with Wizert via social media should read the terms of service and privacy policies of such third-party service providers and those of any applications you use to access them. Personal information that you provide to Wizert via social media account(s) is collected in accordance with our privacy policy and applicable laws. This information is collected to capture conversations (e.g. questions and answers, comments, "likes", re-tweets) between you and Wizert. It may be used to respond to inquiries, or for statistical, evaluation and reporting purposes. Any comments which are posted that violate Canadian law will be deleted and disclosed to law enforcement authorities. Any comments which are posted that violate our rules will also be deleted.
INDEMNITY
You will defend, indemnify and hold harmless us from and against any and all losses, damages, costs, expenses (including legal fees), claims, complaints, demands, actions, suits, proceedings, obligations and liabilities (including settlement payments) arising from, connected with or relating to your use of this Website, its content or materials, or the Services, User Content or Feedback, or your negligence, misconduct, or breach of these Terms. Notwithstanding the foregoing, Wizert retains the right to participate in the defense of and settlement negotiations relating to any third-party claim, complaint, demand, action, suit or proceeding with counsel of its own selection at its cost and expense.
GOVERNING LAW
These terms and conditions of use and any action related thereto will be governed by the laws of the Province of Ontario and the laws of Canada applicable in Ontario, without regard to conflicts of law provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the provincial courts of Ontario located in the city of Toronto, Ontario, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Any use of this website in contravention of these terms and conditions of use or applicable laws is at your own risk and if any part of these terms and conditions of use is invalid or unenforceable pursuant to applicable laws, the invalid or unenforceable provision will be deemed to be severed from these terms and conditions of use without affecting the remainder hereof or superseded by a valid and enforceable provision that most closely matches the intent of the original provision. Any dispute, claim or controversy between you and Wizert, or otherwise arising out of or relating to these terms and conditions of use will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Wizert are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Wizert otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of any class or representative proceeding.
CHANGES
You agree that Wizert may at any time and without notice change the terms, conditions and notices under which this website is offered. You agree that no joint venture, partnership, employment or agency relationship exists between you and Wizert as a result of this agreement or your use of this website. The performance of these terms and conditions of use by Wizert is subject to existing laws and legal process and nothing contained in this agreement is in derogation of the rights of Wizert to comply with law enforcement requests or requirements relating to your use of this website or information provided to or gathered by Wizert with respect to such use.
These terms of use, and privacy policy constitute the entire agreement between you and Wizert with respect to this website and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Wizert with respect to this website.
CONTACT US
We value your visit to and use of this Website and welcome any questions or comments you might have about this Website, these Terms, or any of the products or services offered by Wizert. Please refer to the Contact section of this Website for phone, email addresses and other ways to contact us.