Calyptus – Platform Terms of Use

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The following terms (Terms of Use) apply to your use of ourweb-based learning and employment platform located at www.calyptus.co (Platform).

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Please read the Terms of Use carefully. By using our Platform or byclicking “I accept the terms of use” when logging in to the Platform youconfirm that you agree to these Terms of Use (as amended from time to time). If,for any reason, you do not agree to these Terms of Use, you must not use thePlatform. We recommend that you print a copy of these Terms of Use for futurereference.

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About Us

The Platform is operated by Calyptus Limited (referred to in theseTerms of Use as Calyptus, we, us or our) which is acompany registered in England and Wales, whose registered number is 13822106and whose registered address is 71-75 Shelton Street, Covent Garden, LondonWC2H 9JQ.

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Should you have any questions about these Terms of Use, or wish tocontact us, please email us at info@calyptus.co.

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Who you are

The Platform is a professional community platform offeringeducational and training services to technical professionals and connectingthem to companies who are looking to hire talent. References to you and yourare to you, the business user (being either an individual acting in thecourse or in relation to your business, trade or profession or an incorporatedentity) using the Platform or in the case of a corporate entity, the User (asdefined within the Platform Subscription Agreement).

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You must be at least 18 years of age to use the Platform andregister for an account and, by registering, you warrant (i.e. promise) thatthis is the case.

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The Platform Functions

The Platform provides members with a professional community platformoffering networking and recruitment opportunities as well as educational andtraining services. The Platform Functions include those which allow registeredusers of the Platform (Members) to:

  • create a customisable professional profile;
  • access a library of educational and trainingvideos, content, projects and other resources;
  • participate in training in programminglanguages (including access to written programme materials and assessments totrack progress),
  • visit external resources
  • join live Q&A sessions/industry eventswith ecosystem participants;
  • access support services with regards to CV, interview& GitHub help;
  • share their contact details and post otherinformation such as their open-source software contributions or projects;
  • complete skills assessments;
  • verify prior work experience through socialverification of ex-colleague;
  • verify technical skills through socialverification of ex-colleague;
  • build an on-chain resume that can be usedoutside of the Calyptus platform;
  • message (and receive messages from) fromCalyptus’s Employer Partners  

The list above is not an exhaustive list of the Platform Functions and we may decide to offer additionalPlatform Functions or cease to provide any Platform Functions, at any time.

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Uploading Content

Some of the Platform Functions mayentitle (or require) you to upload/post text, photos, comments, and/or othermaterials (together the Member Content) using the upload interfacesprovided.

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You are solely responsible forensuring that you have all the necessary rights to all Member Content youupload and post to/via the Platform, including without limitation all rightsrequired to enable access to the Member Content by other users of the Platform.You hereby grant to us a royalty-free, worldwide, irrevocable licence inperpetuity to host and store your Member Content via the Platform and to makeavailable your Member Content to Calyptus and Calyptus’ Employer Partners.

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You shall not upload any MemberContent that is objectionable or unlawful, including if it

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(a) containsdefamatory, libellous, slanderous, profane, misleading, threatening, abusive,violent, obscene, unlawful, pornographic, or otherwise objectionable material;

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(b) advocates bigotry, hatred, or illegal discrimination;

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c) violates any law,any intellectual property, publicity, privacy, or other personal or proprietaryright of others, or any licence or other agreement by which you are bound; (

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d)is deceptive or fraudulent; or

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(e) promotes the use or sale of illegal orregulated substances, tobacco products, ammunition and/or firearms.

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We have theright (but not the obligation) to moderate all Member Content and ultimatelydecide whether or not to post or remove Member Content to the extent such MemberContent includes, is in conjunction with, or is alongside any objectionablematerial as described above.

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As between us and you, the MemberContent is and will remain owned and controlled solely by you and youacknowledge that you have sole responsibility for the Member Content. If yousee any Member Content on the Platform that is inappropriate, please report itto us at info@calyptus.co.

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IntellectualProperty

You acknowledge that the Platform and all material published onthe Platform including but not limitedto text, graphics, photos, logos, button icons, images,trademarks, audio and audio visual clips, databases, data compilations, dataand software (but excluding any Member Content) (the Platform Content) is owned and controlled by or licensed to us. You may not copy, adapt, display, communicate to the public orotherwise use any Platform Content except as enabled and permitted by thePlatform Functions from time to time.  

 

Your use of the Platform

To use, and when using, the Platform,you will:

  •  create auser account and password and provide a valid email address and any other pieceof information deemed necessary as part of Calyptus’ security procedures andrequired to enable us to administer the Platform and user account;   
  • keep asecure password for use of the Platform, which you shall change frequently andkeep confidential;    
  • only useinformation made available through the Platform for the purposes of internal orpersonal research, analysis, reporting and in respect of your/your employer’s(as applicable) business operations; and   
  • use allreasonable endeavours to prevent any unauthorised access to, or use of, thePlatform and/or the information or data contained within the Platform (Data)and, in the event of any such unauthorised access or use, promptly notify us.

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Prohibited uses of the Platform

You may use the Platform and Data only for lawful and internal purposes. You shall not use the Platform or the Data for any otherpurpose.  In particular, in using thePlatform you shall not:

  •  copy,modify, create derivative works of, make available or distribute, publiclyperform, or display any part of the Platform (including by incorporation intoproducts), or use the Platform to develop any service or product that is thesame as (or substantially similar to) it;
  • sell,license, lease, assign, transfer, pledge, rent, sublicense, or share your/youremployer’s rights to use the Platform with any third party (including but notlimited to offering the Platform as part of a time-sharing, outsourcing orservice bureau environment);
  • use any“open source” or “copyleft software” in a manner that would require Calyptus todisclose the source code of the Platform to any third party;
  •  disclose,share, publish or otherwise make available any Data;
  • disassemble,decompile, decrypt, reverse engineer, extract, or otherwise attempt to discoverthe Platform’s source code or non-literal aspects (such as the underlyingstructure, sequence, organization, file formats, non-public APIs, ideas, or algorithms);
  • use anyintellectual property owned or licensed by us without our prior approval or infringeor violate the rights of any other person (including intellectual propertyrights, privacy rights or any other rights);
  • remove oralter any trademarks or other proprietary right notices displayed on or in thePlatform;
  • circumvent,disable or otherwise interfere with security-related features of the Platformor features that enforce use limitations;
  • attempt toobtain, or assist unauthorised third parties in obtaining, access to thePlatform and/or the Data contained in the Platform;  
  • export,make available or use the Platform in any manner prohibited by applicable laws;and/or
  •  store ortransmit any malicious code (i.e., software viruses, Trojan horses, worms,robots, malware,
  • spyware or other computer instructions, devices, or techniquesthat erase data or programming, infect, disrupt, damage, disable, or shut downa computer system or any component of such computer system) or other unlawfulmaterial in connection with the Platform.

Reliance on information on our Platform

Use of the Platform and all Data or information or content includedor accessible from the Platform is provided on an “as is” and “as available”basis. Such Data, information and any responses to enquiries submitted by usare not, and should not be construed as, any form of professional or otheradvice and we shall have no liability arising from any reliance placed on anyinformation in or results from the Data or Platform by you, or by anyone whomay be informed of or receive any such information. \

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To the fullest extent permissible by law, we disclaim all statutoryor implied warranties, representations and conditions regarding the Platformand any Data and information available on the Platform, including but notlimited to, those as to quality, merchantability, fitness for purpose andnon-infringement. We are not responsible for the timeliness, accuracy,completeness, deletion, non-delivery or failure to receive or store anyinformation, communications or personalisation settings.

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Responsibility for viruses

We do not guarantee that our Platform will be secure or free frombugs or viruses. You are responsible for configuring your own informationtechnology computer programmes and platform to access our Platform. You shoulduse your own virus protection software.

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Limitation of Liability

We do not exclude or limit our liability to you in a way where itwould be unlawful to do so. This includes liability for death or injury causedby our negligence or the negligence of our employees, agents or subcontractorsor for fraud or fraudulent misrepresentation.

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We exclude all implied conditions, warranties, representations orother terms that may apply to our Platform or any Data or other content on it.

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We will not be liable to you for any loss or damage, whether incontract, tort (including negligence), breach of statutory duty, or otherwise,even if foreseeable, arising under or in connection with:

  • use of, orinability to use, our Platform; or
  • use of, orreliance of any content displayed on our Platform, including Data.

In particular, we will not be liable for:

  •  loss ofprofits, sales, business or revenue;
  • businessinterruption;
  • loss ofanticipated savings;
  • loss ofdata;
  • loss ofbusiness opportunity, goodwill or reputation; and/or
  • anyindirect or consequential loss or damage.

Websites linked to

Where the Platform contains links to other sites and resourcesprovided by third parties, these links are provided for your information only.Such links should not be interpreted as approval by us of those linked websitesor information you may obtain from them. We have no control over the contentsof those sites or resources.  You may notlink to our Platform.

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Suspension and Termination

We will determine, in our sole discretion, whether there has been abreach of these Terms of Use. When a breach of these Terms of Use has occurred,we may take such action as we consider appropriate including immediate,temporary or permanent withdrawal of your right to use our Platform, legalproceedings and disclosure of information to law enforcement authorities.

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Other important terms

The following additional terms also apply to your use of ourPlatform:

  • OurPrivacy Policy: This sets out how we may use your personal data; and          
  • Our CookiePolicy: This sets out information about the cookies on our Platform.

If any of these Terms of Use are found to be illegal, invalid orunenforceable by any court of competent jurisdiction, the rest of these Termsof Use shall remain in full force and effect.

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No third party shall be entitled to enforce any of the Terms of Use,whether by virtue of the Contracts (Rights of Third Parties) Act 1999 orotherwise under applicable law.

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These Terms of Use, their subject matter and their formation (andany non-contractual disputes or claims) are governed by English law. We bothagree to the non-exclusive jurisdiction of the courts of England and Wales.

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Last updated: February 2024