Zyqual Ltd Privacy & Terms
Terms of Service
Last modified: April 25, 2023
Thank you for using our products and services (“Services”). The Services are provided by Zyqual Ltd (“Zyqual”), Clandon Spalding Clarendon Jamaica. By utilizing our Services, you agree to these terms. Please read them attentively. Our Services encompass a wide range of offerings, and occasionally, additional terms or product requirements (including age requirements) may be applicable. These additional terms will be available alongside the relevant Services, and they become part of your agreement with us when you choose to use those Services.
Using our Services
Please adhere to any policies provided to you within the Services. Avoid misusing our Services. For instance, do not interfere with our Services or attempt to access them using methods other than the interface and instructions we supply. Use our Services only as allowed by law, including relevant export and re-export control laws and regulations. If you fail to comply with our terms or policies or if we are investigating suspected misconduct, we may suspend or cease providing our Services to you.
Utilizing our Services does not grant you ownership of any intellectual property rights in our Services or the content you access. You are not permitted to use content from our Services unless you have received permission from its owner or are otherwise authorized by law. These terms do not give you the right to use any branding or logos present in our Services. Do not remove, obscure, or alter any legal notices displayed within or alongside our Services.
Our Services may display content that is not Zyqual Ltd’s property. The entity providing such content is solely responsible for it. For instance, performance data related to a school might be displayed without revealing personal details, institutional identification, or individual identification. While we may review content to determine if it is illegal or contravenes our policies, we may also remove or refuse to display content that we reasonably believe violates our policies or the law. However, this does not mean we review every piece of content, so please do not assume that we do.
In relation to your use of the Services, we may send you service announcements, administrative messages, and other information. You can opt out of receiving some of these communications. Some of our Services are accessible on mobile devices. Ensure that you use such Services responsibly and without distractions, and always follow traffic and safety laws.
Your Zyqual Account
To utilize our Services, you will require a Zyqual Account. You can either create your own Zyqual Account or have one assigned to you by an administrator, such as your employer or educational institution. If an administrator assigns you a Zyqual Account, be aware that different or additional terms might apply, and the administrator may have the ability to access or disable your account.
To safeguard your Zyqual Account, maintain the confidentiality of your password. You are accountable for any activity occurring on or through your Zyqual Account. Avoid reusing your Zyqual Account password on third-party applications. If you discover any unauthorized use of your password or Zyqual Account, immediately report it via our Contact Page and change your password. Additionally, make a habit of changing your password regularly.
Strengthened Privacy and Copyright Protection
Zyqual’s Privacy Policies outline our approach to handling your personal information and ensuring your privacy while you utilize our Services. By engaging with our Services, you consent to Zyqual’s use of your data in line with our privacy policies. We actively address allegations of copyright infringement and terminate the accounts of repeat offenders, adhering to the procedures established in the Copyright, Designs and Patents Act 1988.
Enhanced Content Ownership and Privacy
When using our Services, you may have the opportunity to upload, submit, store, send, or receive content. Rest assured, you maintain ownership of any intellectual property rights associated with that content. In other words, what belongs to you remains yours.
By uploading, submitting, storing, sending, or receiving content through our Services, you grant Zyqual (and our partners) a worldwide license to use, host, store, reproduce, modify, create derivative works (e.g., translations, adaptations, or other changes made to enhance the compatibility of your content with our Services), communicate, publish, publicly perform, publicly display, and distribute the content. This license is granted solely for the purpose of operating, promoting, improving our Services, and developing new ones. The license persists even if you cease using our Services (e.g., graphs and charts created with our analysis system).
Certain Services may offer ways to access and remove submitted content, while others may include terms or settings that restrict the scope of our usage of submitted content. Ensure that you possess the necessary rights to grant us this license for any content submitted through our Services.
Our automated systems analyze your content (including feedback forms) to provide you with personalized product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as content is sent, received, and stored.
If you have a Zyqual Account, we may display your profile name, profile photo, and actions taken on Zyqual or third-party applications connected to your Zyqual Account (e.g., blog posts, reviews, and comments) within our Services, including in ads and other commercial contexts. We respect the choices you make regarding sharing or visibility settings in your Zyqual Account. For instance, you can adjust your settings so your name and photo do not appear in an advertisement. Zyqual will never display personal information or data that could be used to identify you in relation to the Zyqual Assessment System.
Software Usage within our Services
When a Service involves or necessitates downloadable software, the software may automatically update on your device when a new version or feature becomes available. Certain Services might offer options for adjusting your automatic update settings.
Zyqual grants you a personal, worldwide, royalty-free, non-assignable, and non-exclusive license to utilize the software provided by Zyqual as an integral part of the Services. The purpose of this license is to allow you to use and benefit from the Services as delivered by Zyqual, in accordance with these terms.
You are not permitted to copy, modify, distribute, sell, or lease any aspect of our Services or the included software. Additionally, you may not reverse engineer or attempt to extract the software’s source code, unless such restrictions are prohibited by law or you have obtained written consent from us.
Modifying and Terminating our Services
Modifying and Terminating Our Services
We continually evolve and enhance our Services, which may involve adding or removing functionalities or features, or suspending or discontinuing a Service entirely. You are free to cease using our Services whenever you wish, though we will be sad to see you go. Zyqual reserves the right to terminate Services for you, or implement new limitations to our Services at any time.
We recognize that your data is your property and maintaining your access to it is crucial. In the event that we discontinue a Service, we will, when reasonably feasible, provide you with adequate advance notice and an opportunity to retrieve your data from the affected Service.
Our Warranties and Disclaimers
We deliver our Services with a commercially reasonable degree of skill and care, and we hope that you find value in using them. However, there are certain guarantees that we cannot provide concerning our Services. Aside from what is explicitly stated in these terms or any additional terms, Zyqual, its suppliers, and distributors make no specific promises regarding the Services. This means that we cannot commit to the content within the Services, their specific functionalities, their reliability, availability, or their ability to fulfil your requirements. We offer the Services on an “as is” basis. Some jurisdictions may enforce certain warranties, such as implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We disclaim all warranties to the fullest extent permitted by law.
Liability for our Services
To the extent permitted by law, Zyqual and its suppliers and distributors will not be liable for any lost profits, revenues, data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. In compliance with the law, the total liability of Zyqual, along with its suppliers and distributors, for any claims under these terms, including any implied warranties, is limited to the amount you paid us to use the Services (or, at our discretion, to providing you the Services again). In all instances, Zyqual and its suppliers and distributors will not be held accountable for any loss or damage that is not reasonably foreseeable. It is important to note that some countries may grant legal rights to consumers. If you are utilizing the Services for personal purposes, these terms or any additional terms will not restrict any consumer legal rights that cannot be waived through a contractual agreement.
About these Terms
We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services. You should review the terms regularly. We will post notices of modifications to these terms on this page. We will also post notices of modified additional terms in the applicable Service. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted. However, changes addressing new functions for a Service or changes made for legal reasons will be effective immediately. If you do not agree to the modified terms for a Service, you should discontinue your use of that Service.
If there is a conflict between these terms and the additional terms, the additional terms will control for that conflict. These terms govern the relationship between Zyqual and you. They do not create any third-party beneficiary rights.
If you do not comply with these terms, and we do not take action right away, this does not mean that we are relinquishing any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
The courts in some countries will not apply the Laws of the United Kingdom to some types of disputes. If you reside in one of those countries, then where the Laws of the United Kingdom are excluded from applying, your country’s laws will apply to such disputes related to these terms. Otherwise, you agree that the Laws of the United Kingdom, choice of law rules, will apply to any disputes arising out of or relating to these terms or the Services.
Similarly, if the courts in your country will not permit you to consent to the jurisdiction and venue of the courts in London, UK, then your local jurisdiction and venue will apply to such disputes related to these terms. Otherwise, all claims arising out of or relating to these terms or the services will be litigated exclusively in the courts of the United Kingdom, and you and Zyqual consent to personal jurisdiction in those courts.
For information about how to contact Zyqual, please visit our Contact Page.
Last modified: April 25, 2023