Terms of Use

 Effective: 25 June 2019

Referenced Policies

Thank you for using Learn ViewPoint Online!

Learn ViewPoint Online is a collection of products and services that are provided by Vantage Ltd. ("Vantage"). These Terms of Use (“Terms”) govern your use of Learn ViewPoint Online’s website and other products and services (“Services”). Please read these Terms carefully and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.

Using Learn ViewPoint Online

Who May Use our Services

You may use our Services only if you or your organisation can form a binding contract with Vantage, and only in compliance with these Terms and all applicable laws. When you create your Learn ViewPoint Online account, and subsequently when you use certain features, you must provide us with accurate and complete information, and you agree to update your information to keep it accurate and complete. Any use or access by anyone under the age of 13 is prohibited, and certain courses may have additional requirements and/or restrictions.

Our License to You

Subject to these Terms and our policies (including the Acceptable Use Policy, Honour Code, and course-specific eligibility requirements and other terms), we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services. You may consume content from our Services only for your personal, non-commercial use, unless you obtain Vantage written permission to otherwise use the content. You also agree that you will create, access, and/or use only one user account, and you will not share with any third-party access to or access information for your account. Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access.

Our Courses

Course Modifications

While we take pride in our courses, unexpected events do occur. Vantage reserves the right to cancel, interrupt, or reschedule any course or to modify any course content or the point value or weight of any assignment, quiz, or other assessment. Courses offered are subject to the Disclaimers and Limitation of Liability sections below.

No Academic Credit

Participation in or completion of a course does not confer any academic credit. You agree not to accept credit for completing a course unless you have earned a Course Certificate for that course. Vantage, the course instructors, and the associated participating institutions have no obligation to have a course recognized by any educational institution or accreditation organization.

Disclaimer of Student-University Relationship

Nothing in these Terms or otherwise with respect to your participation in any course: (a) establishes any relationship between you and any educational institution with which Vantage may be affiliated; (b) enrolls or registers you in any educational institution, or in any course offered by any educational institution; or (c) entitles you to use the resources of any educational institution beyond participation in the course.

Content

The Services may, from time to time, enable you to share your content, such as quizzes, exams, other assignments you submit, posts you make in the forums, and the like (“ User Content”), with Vantage, instructors, and/or other users. You retain all intellectual property rights in, and are responsible for, the User Content you share. User Content does not include course content or other materials made available on or placed on to the Site by or on behalf of Vantage's Content Providers or their instructors using the Services, the Content Offerings; as between Vantage and its Content Providers, such Content Offerings are governed by the relevant agreements in place between Vantage and its Content Providers.

Feedback

We welcome your suggestions, ideas, comments, and other feedback regarding the Services (" Feedback"). By submitting any Feedback, you grant us the right to use the Feedback without any restriction or any compensation to you. By accepting your Feedback, Vantage does not waive any rights to use similar or related Feedback previously known to Vantage, developed by its employees or contractors, or obtained from other sources.

Security

We care about the security of our users. While we work to protect the security of your account and related information, Vantage cannot guarantee that unauthorized third parties will not be able to defeat our security measures. Please notify us immediately of any compromise or unauthorized use of your account by emailing info@vantage.ky.

Education Research

Vantage is committed to advancing the science of learning and teaching, and records of your participation in courses may be used for education research. In the interest of this research, you may be exposed to variations in the course content. Research findings will typically be reported at the aggregate level. Your personal identity will not be publicly disclosed in any research findings without your express consent.

Paid Services

Vantage offers paid Services for a fee. Unless otherwise stated, all fees are quoted in United States Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Vantage reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for paid Services as described in our Refund Policy.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop a Service altogether. Accordingly, Vantage may terminate your use of any Service for any reason. If your use of a paid Service is terminated, a refund may be available under our Refund Policy. None of Vantage, its participating institutions and instructors, its contributors, sponsors, and other business partners, and their employees, contractors, and other agents (the "Vantage Parties") shall have any liability to you for any such action.

Disclaimers

THE SERVICES AND ALL INCLUDED CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE VANTAGE PARTIES SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE VANTAGE PARTIES FURTHER DISCLAIM ANY AND ALL LIABILITY RELATED TO YOUR ACCESS OR USE OF THE SERVICES OR ANY RELATED CONTENT. YOU ACKNOWLEDGE AND AGREE THAT ANY ACCESS TO OR USE OF THE SERVICES OR SUCH CONTENT IS AT YOUR OWN RISK.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE VANTAGE PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN THE APPLICABLE VANTAGE PARTY, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION. IN NO EVENT SHALL VANTAGE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICES EXCEED FIFTY U.S. DOLLARS ($50) OR THE TOTAL AMOUNT OF FEES RECEIVED BY VANTAGE FROM YOU FOR THE USE OF PAID SERVICES DURING THE PAST SIX MONTHS, WHICHEVER IS GREATER.

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE VANTAGE PARTIES, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO VANTAGE’S ABILITY TO MAKE THE SERVICES AVAILABLE TO YOU ON AN ECONOMICALLY FEASIBLE BASIS.

YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Indemnification

You agree to indemnify, defend, and hold harmless the Vantage Parties from any and all claims, liabilities, expenses, and damages, including reasonable attorneys’ fees and costs, made by any third party related to: 

  1. your use or attempted use of the Services in violation of these Terms; 
  2. your violation of any law or rights of any third party; or  
  3. User Content, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Governing Law and Jurisdiction

The Services are managed by Vantage, which is located in George Town, Grand Cayman, Cayman Islands. You agree that the exclusive forum for all disputes related to or arising out of these Terms shall be the courts in Grand Cayman, Cayman Islands.

General Terms

Revisions to the Terms

Vantage reserves the right to revise the Terms at their sole discretion at any time. Any revisions to the Terms will be effective immediately upon posting by Vantage. For any material changes to the Terms, Vantage will take reasonable steps to notify you of such changes. In all cases, your continued use of the Services after publication of such changes, with or without notification, constitutes binding acceptance of the revised Terms.

Severability Waiver

If it turns out that a particular provision of these Terms is not enforceable, this will not affect any other terms. If you do not comply with these Terms, and we do not take immediate action, this does not indicate that we relinquish any rights that we may have (such as taking action in the future).

Participating Institutions

Vantage's participating institutions are third party beneficiaries of the Terms and may enforce those provisions of the Terms that relate to them.

Copyright Policy

Vantage respects the intellectual property rights of our partner institutions, instructors, and other third parties and expects our users to do the same when using the Services. 

We reserve the right to suspend, disable, or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights, trademarks, or other intellectual property rights of others.

The Vantage mission is to provide universal access to the world’s best online education on ViewPoint Software. We strongly believe in preserving free speech and expression for learners as well as academic freedom for our partner institutions and instructors. We also wants to make sure that all learners and instructors feel safe and comfortable while using the Services. We have drafted these guidelines to ensure that people understand and follow the rules when using the Services.

Acceptable Use Policy

Effective as of 25 June 2019

You aren’t allowed to:

  • Do anything that violates local, state, national or international law or breaches any of your contractual obligations or fiduciary duties.
  • Share your password, let anyone access your account, or do anything that might put your account at risk.
  • Attempt to access any other user’s account.
  • Reproduce, transfer, sell, resell, or otherwise misuse any content from the Services.
  • Access, tamper with, or use non-public areas of the Learn ViewPoint platform.
  • Break or circumvent our authentication or security measures or otherwise test the vulnerability of our systems or networks, unless specifically authorized to do so.
  • Try to reverse engineer any portion of the Services.
  • Try to interfere with any user, host, or network, for example by sending a virus, overloading, spamming, or mail-bombing.
  • Use the Services to distribute malware.
  • Impersonate or misrepresent your affiliation with any person or entity.
  • Encourage or help anyone do any of the things on this list.

Refund Policy

Effective: 25 June 2019

For details on our refund deadlines and policies, please refer to the information below; note that policies differ for subscription payments vs. one-time course purchases, and that payment options may vary from one Service to another. Please also note that we treat violations of our Terms of Use and Honour Code very seriously, and we have no obligation to offer refunds to learners who are found to be in violation of these terms, even if their requests are made within the designated refund period. Similarly, we have no obligation to offer late refunds to learners who do not pass a Course or Speciality, or who are otherwise unsatisfied with their final grade.

For Subscriptions

Vantage does not offer refunds for payments made on a subscription plan. Your subscription will continue until you cancel your subscription, or the subscription is suspended or discontinued by Vantage. You must cancel your subscription before your renewal date to avoid the next billing.

If you cancel your subscription, cancellation will be effective at the end of the subscription renewal period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund.

For Course Purchases

If you cancel your paid enrollment for a course, Vantage will offer you a complete refund within 5 days after paid enrollment, and so long as you have not started a course. For avoidance doubt, once you have started the Course, you are not eligible for a refund.

If you’re taking a course through your company or organization then you can earn your certificate as long as your company’s contract with Vantage is active and your access has not expired in accordance with the terms of that contract. Similarly, refunds and cancellations will also be governed by the terms of that contract between your organization and Vantage.

For Other Paid Services

Except as described in this Refund Policy or as explicitly stated as part of the sign-up process for a Service, Vantage has no obligation to provide refunds or vouchers for any other Services.

Honour Code

Effective: 25 June 2019

All students participating in the course must agree to abide by the following Code of Honour:

  1. I will register for only one account.
  2. My answers to quizzes, exams and other assignments will be my own work.
  3. I will not make solutions to quizzes, exams and other assignments available to anyone else.
  4. I will not engage in any other activities that will dishonestly improve my results or dishonestly improve or hurt the results of others.

Referenced Policies