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Virtuoso Terms of Use

This document sets out the terms on which you may access and use the Virtuoso platform of Cinglevue International Pty Ltd (Cinglevue) which [organisation name] (we, us or our) has implemented (Platform). By accessing the Platform or providing to the Platform any personal information, you: (i) agree to and are bound by these Terms of Use; and (ii) consent to the collection, use and disclosure of your personal information to or by Cinglevue (as operator of the Platform) in accordance with the Virtuoso Privacy Policy.

Breach of any of the Terms of Use may result in your use of the Platform being blocked and/or your access credentials disabled in our or Cinglevue’s absolute discretion. These Terms of Use may change from time to time and will be published on the login page for the Platform and your continued use of the Platform is your deemed acceptance of the changes.

The Platform has been adopted by us for the purposes of supporting learning engagement, administration and/or document management.

You

You agree that you are:

  • 15 years of age or older or, if you are under 15 years old, you have obtained permission from your parent/guardian to use the Platform and provided such permission to your teacher;
  • authorised to use Virtuoso by us; and
  • a student, parent/guardian of a student, teacher, employee or contractor of ours.

Content, access and disclaimers

All content on the Platform is our responsibility. You acknowledge and accept that content on the Platform may include technical, factual and typographical errors. It is your responsibility as a user to ensure the accuracy and currency of information you provide on the Platform. To the extent permitted by law, Cinglevue disclaims all liability for loss directly or indirectly arising from your use of or reliance on the Platform and content on the Platform.

Neither we nor Cinglevue guarantee that access to the Platform will be uninterrupted.

If you have any concerns about the Platform and/or how to use it or require any support, please contact our Platform administrator using the contact details below.

Indemnity

You agree to indemnify and hold the us and Cinglevue, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims or expenses arising out of your use of or in connection with your use of the Platform contrary to these Terms of Use.

Use of de-identified data

Please note that Cinglevue may collate, extract and/or aggregate data in de-identified form that is generated by us and the users of the Platform so as to create de-identified research datasets. Research datasets are not (and do not contain) personal information. We, Cinglevue and/or external researchers in Australia or overseas may use the research datasets to better understand how students learn. If you have any queries, please contact our Platform administrator using the contact details below.

Intellectual property

Intellectual property rights in:

(a) software in the Platform, including any source code in the Platform; and
(b) the Cinglevue logo,

are the property of Cinglevue, unless otherwise noted. You agree not to reproduce, transmit, distribute, disseminate, sell, publish, broadcast or circulate materials comprising the Platform or any Cinglevue intellectual property without the express prior written consent of Cinglevue.

Intellectual property rights in the content on the Platform (including content that you create) which is not part of the Platform itself is our property. You agree not to use or reproduce any content or material where the intellectual property rights of such are owned by us or any other person unless you have an appropriate licence to do so.

Third party websites

The Platform may contain links to other websites operated, controlled or produced by third parties. Unless otherwise indicated, neither we nor Cinglevue control, endorse, sponsor or approve any such third party websites or their content. Neither we nor Cinglevue provide any warranty or take any responsibility for any aspect of those websites or their content.

Acceptable use

You must not and must not attempt to change, add to, remove, deface, hack or otherwise interfere with the operation of the Platform or any material or content displayed on the Platform unless you are authorised by Cinglevue or us to do so.

You must not:

  • impersonate another person on the Platform;
  • provide inaccurate information about your identity on the Platform;
  • do anything unlawful, misleading, fraudulent or for an illegal or unauthorised purpose;
  • interfere with or impair the operation of the Platform or other individuals’ legitimate use of the Platform;
  • use or attempt to use any automated computer program (e.g. a bot or web scraper) to access the Platform;
  • enter, upload or post any content to the Platform that is bullying, harassing, defamatory, objectionable or explicit in nature;
  • attempt to buy, sell or transfer your account or access credentials to another person;
  • post private or confidential information about yourself or any other person; and/or
  • use the Platform to violate any other person’s rights, including intellectual property rights.

Accounts, password and security

Use of the Platform requires that you have appropriate access credentials (i.e. a username and password) and that you have agreed to these Terms of Use. You are entirely responsible for maintaining the confidentiality of your access credentials. You are responsible for any and all activity that occurs through use of your account on the Platform, including where such activity arises as a result of your failing to keep your access credentials secure and confidential.

You must not use any other person’s access credentials to access the Platform.

If you become aware that your account on the Platform has become compromised or that your account on the Platform is being accessed or used by a person other than you, you must immediately notify our Platform administrator using the contact details below.

Artificial intelligence

The Platform uses machine learning algorithms to provide insights into students’ learning. The Platform may also provide you with recommendations based on machine learning insights. These insights have not been vetted or approved by Cinglevue or us. Being generated by a computer program, rather than a human, these recommendations should not be relied on. They are to be used at your own risk and you should consider them carefully before using them. Cinglevue is not responsible for any loss or damages arising from choices you make based on machine-generated recommendations.

Haven immersive experiences

The Platform has a set of features we call ‘Haven’. Haven allows you to:

  • download and use software packages that incorporate virtual reality and augmented reality (collectively, immersive experience content);
  • create your own immersive experience content; and/or
  • upload immersive experience content to the Platform.

When you upload immersive experience content you:

  • warrant that you have all relevant intellectual property rights in the immersive experience content;
  • grant to Cinglevue and us a perpetual, worldwide, non-exclusive, sub-licensable licence to copy, redistribute and exploit the immersive experience content; and
  • indemnify Cinglevue and us for any claim arising from an infringement of intellectual property rights arising from immersive experience content you upload to the Platform.

Support and contacts

If you require any support in relation to the Platform or its use, wish to report abuse or unauthorised use of your account or need help in relation to your access credentials (e.g. your username and password), please direct your query to our Platform administrator using the following contact details:

[Customer to please insert a Super User’s contact details including name, email and phone number]
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