Terms of use


BY SELECTING THE "I ACCEPT" CHECKBOX OR ACCESSING, USING OR INSTALLING ANY PART OF THE SERVICE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, ALL THE INFORMATION YOU ENTERED IN THE FORM SHALL BE DELETED AND YOU CAN LEAVE THE WEB PAGE, MAGMASOFT WILL PROMPTLY CANCEL THIS TRANSACTION AND YOU MAY NOT ACCESS, USE OR INSTALL ANY PART OF THE SERVICES.

Magmasoft Pte. Ltd. ("Magmasoft" or "we") operates website www.wiztango.com (wiztango) which is a social learning platform that allows members to teach and learn collaboratively,offering a unique blend of learning management system, social networking and collaborations, account, manage accounts, manage programs, manage trainings, manage resources, manage content, manage activities, manage apps, application, API’s, services, widgets, websites, mobile, desktop or other services to its Members. (collectively referred to as "WIZ Platform")

This Terms of Use Agreement, as may be modified from time to time, ("Agreement") constitutes legally binding terms and applies to your use of the WIZ Platform. By accessing and/or using the WIZ Platform, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the WIZ Platform, including, without limitation, through a mobile or other wireless device, or otherwise use the WIZ Platform without being registered) or you are a "Member" (which means that you have registered with wiztango and have received an authorized log-in id from wiztango to access WIZ Platform with your authorized log in-id and having customized roles like but not limited to learners, instructors, facilitators, coordinators, co-faculty, teacher, trainers, guardians, administrators, customer, client etc.). The term "User" refers to a Visitor or a Member. You are authorized to use the WIZ Platform (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations ("Applicable Law") and the terms of this Agreement. In addition, in consideration for becoming a Member and/or making use of the WIZ Platform, you must indicate your acceptance of this Agreement during the registration process as mentioned above.

The WT Platform may include a component, a covered work, governed by the following agreements-

    GNU GENERAL PUBLIC LICENSE Version 3, 29 June 2007, available at http://www.gnu.org/licenses/gpl.html

    The MIT License (MIT) Copyright © 2014 David DeSandro, available at http://desandro.mit-license.org/

Except as provided within these Agreements mentioned in the above points a & b, your use of such component is governed and you agree to be bound by these Agreements mentioned in the above points a & b for the use of said component/covered work only and for other parts of the WT Platform this agreement will be applicable.

Magmasoft reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the wiztango website. All material modifications will apply prospectively only. Your continued use of the WIZ Platform following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the WIZ Platform immediately. You may receive a copy of this Agreement by contacting us at our site.

01. Eligibility

Use of the WIZ Platform and registration to be a Member for the WIZ Platform ("Membership") is void where prohibited. By using the WIZ Platform, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; (d) your use of the Magmasoft Services does not violate any Applicable Law and (e) will only maintain one wiztango account at any given time;. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 13 years of age and you represent yourself as 13 or older, or if we believe you are over 13 and represent yourself as under 13.

02. Term

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the WIZ Platform or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Magmasoft may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability of whatsoever nature. Furthermore, Magmasoft reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and instant messages (collectively, "messages")) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the WIZ Platform at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Magmasoft reserves the right, in its sole discretion, to reassign or rename your profile URL. Magmasoft expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the WIZ Platform if Magmasoft determines, in its sole discretion, that you have violated this Agreement or pose a threat to Magmasoft, its employees, business partners, Users and/or the public. Even after Membership is terminated, this Agreement will remain in effect, including, without limitation, Sections 5-18.

03. Fees

You acknowledge that Magmasoft reserves the right to charge for any portion of the WIZ Platform and to change its fees (if any) from time to time in its discretion. If Magmasoft terminates your Membership because you have breached the Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).

04. Password

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another Member at any time or to disclose your password to any third party. You agree to notify Magmasoft immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

05. Use by Members

The WIZ Platform are for the personal use of Members and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Magmasoft. Magmasoft reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the WIZ Platform, including, without limitation, collecting usernames, user id numbers, and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the WIZ Platform, or employing third party promotional sites or software to promote profiles for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from Member profiles without notice or explanation and may result in termination of Membership privileges. Magmasoft reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the WIZ Platform.

06. Proprietary Rights in Contents On wiztango

  • Magmasoft does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, document, video, resources, multi-media artifacts, applications, or any other materials (collectively, "Content") that you transmit, submit, display or publish ("post") on, through or in connection with the WIZ Platform. After posting your Content on, through or in connection with the WIZ Platform, you continue to retain any such rights that you may have in your Content, subject to the limited license herein. By posting any Content on, through or in connection with the WIZ Platform, you hereby grant to Magmasoft a limited license to access your Content through WIZ Platform, and to use, modify, delete from, add to, publicly perform, publicly display, keep private, reproduce, and distribute such Content solely on, through the functionality, settings, privacy settings of WIZ Platform which are linked with your wiztango account (collectively, "Linked Services"), including, without limitation, distributing part or all of the WIZ Platform and any Content included therein, in any media formats and through any media channels.

  • The Content that you post on the WIZ Platform will be accessible by you and or Members who are related to you, your account and or the Content and shall not be visible or accessible to Members or Users who are not related to you, your account or to the Content you have posted.

  • The Content from the WIZ Platform and or your account may be deleted at any time. However, you acknowledge that in case the Content was Public in nature the WIZ Platform or Members or Users may retain such Content in WIZ Platform. Further you also acknowledge that the WIZ Platform may retain archived copies of your Content whether Public or Private.

  • The license you grant to Magmasoft is non-exclusive (meaning you are free to license your Content to anyone else in addition to Magmasoft), fully-paid and royalty-free (meaning that Magmasoft is not required to pay you or anyone else deriving rights from you for the use on the WIZ Platform of the Content that you post), sublicensable (so that Magmasoft is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the WIZ Platform), and worldwide (because the Internet and the WIZ Platform are global in reach).

  • You represent and warrant that: (i) you own the Content posted by you on, through or in connection with the WIZ Platform, or otherwise have the right to grant the license set forth in this Section 6, and (ii) the posting of your Content on, through or in connection with the WIZ Platform and/or Linked Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. You agree to pay for all royalties, fees, and any other monies owing any person or entity by reason of the use of any Content posted by you on or through the WIZ Platform and/or Linked Services.

  • The WIZ Platform contain Content of Magmasoft ("WIZ Content"). WIZ Content is protected by copyright, trademark, patent, trade secret and other laws, and Magmasoft owns and retains all rights in the WIZ Content and the WIZ Platform. Magmasoft hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the WIZ Content (excluding any software code) solely for your personal use in connection with viewing the wiztango Website and using the WIZ Platform.

  • The WIZ Platform contain Content of Users and other Magmasoft licensors. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the WIZ Platform.

  • Magmasoft performs technical functions necessary to offer the WIZ Platform, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and transcoding and/or reformatting Content to allow its use throughout the WIZ Platform. In addition, you agree and acknowledge that Magmasoft may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the WIZ Platform.

  • Magmasoft reserves the right to limit the storage capacity of Content that you post on, through or in connection with the WIZ Platform.

07. Content Posted on wiztango

Please choose carefully the information that you post on, through or in connection with the WIZ Platform and that you provide to other Users. Your wiztango profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other wiztango Members (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Magmasoft assumes no responsibility or liability for this material. If you become aware of misuse of the WIZ Platform by any person or Linked Service, please write to [email protected] "Contact Magmasoft" or the "Report Abuse" link at the bottom of the wiztango Website pages.

  • Magmasoft may reject, refuse to post or delete any Content for any or no reason, including, but not limited to, Content that in the sole judgment of Magmasoft violates this Agreement or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. Magmasoft assumes no responsibility for monitoring the WIZ Platform for inappropriate Content or conduct. If at any time Magmasoft chooses, in its sole discretion, to monitor the WIZ Platform, Magmasoft nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

  • You are solely responsible for the Content that you post on, through or in connection with any of the WIZ Platform, and any material or information that you transmit to other Members and for your interactions with other Users.

08. Activity Prohibited

The following are examples of the kind of Content that is illegal or prohibited to post on, through or in connection with the WIZ Platform (including group administered by you). Magmasoft reserves the right to investigate and take appropriate legal action against anyone who, in Magmasoft's sole discretion, violates this provision, including, without limitation, removing the offending Content from the WIZ Platform, terminating the Membership of such violators and/or reporting such Content or activities to law enforcement authorities. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Magmasoft:

  • is patently offensive or promotes or otherwise incites racism, bigotry, hatred or physical harm of any kind against any group or individual;

  • harasses or advocates harassment of another person;

  • exploits people in a sexual or violent manner;

  • contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

  • solicits or is designed to solicit personal information from anyone under 18;

  • publicly posts information that poses or creates a privacy or security risk to any person;

  • constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

  • constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

  • involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";

  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

  • solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

  • involves commercial activities and/or sales without prior written consent from Magmasoft such as contests, sweepstakes, barter, advertising, or pyramid schemes;

  • includes a photograph or video of another person that you have posted without that person's consent;

  • for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile; or

  • violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

  • The following are examples of the kind of activity that is illegal or prohibited on the wiztango Website and through your use of the WIZ Platform. Magmasoft reserves the right to investigate and take appropriate legal action against anyone who, in Magmasoft's sole discretion, violates this provision, including, without limitation, terminating your Membership and/or reporting such activity or Content to law enforcement authorities. Prohibited activity includes, but is not limited to:

  • criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

  • advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the WIZ Platform. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, Magmasoft reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which Magmasoft deems appropriate in its sole discretion. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the WIZ Platform, you acknowledge that you will have caused substantial harm to Magmasoft, but that the amount of such harm would be extremely difficult to ascertain.

  • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the WIZ Platform;

  • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

  • modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the WIZ Platform other than your Content which you legally post on, through or in connection with the WIZ Platform;

  • providing or using "tracking" or monitoring functionality in connection with the WIZ Platform, including, without limitation, to identify other Users' views, actions or other activities on the WIZ Platform;

  • covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any wiztango page via HTML/CSS or any other means;

  • any automated use of the system, such as, but not limited to, using scripts to add friends or send comments, messages, status or mood updates, blogs or bulletins;

  • interfering with, disrupting, or creating an undue burden on the WIZ Platform or the networks or services connected to the WIZ Platform;

  • impersonating or attempting to impersonate Magmasoft or a Magmasoft employee, administrator or moderator, another Member, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);

  • using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;

  • selling or otherwise transferring your account, profile, (including any page or group you administer) your email address or URL;

  • using or distributing any information obtained from the WIZ Platform in order to harass, abuse, or harm another person or entity, or attempting to do the same;

  • displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the WIZ Platform on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Magmasoft, posting status or mood updates, blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your top friends, or sending messages with a commercial purpose;

  • relaying email from a third party's mail servers without the permission of that third party;

  • using invalid or forged headers to disguise the origin of any Content transmitted to or through Magmasoft's and or wiztango's computer systems, or otherwise misrepresenting yourself or the source of any message or Content;

  • using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Magmasoft Website for the purposes of sending unsolicited or unauthorized material;

  • engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or

  • using the WIZ Platform in a manner inconsistent with any and all Applicable Law.

  • Sell, sponsor, or otherwise monetize a WIZ Group or any other service or functionality of wiztango, WIZ Platform without the express written permission of ours.

09. Group Terms (WIZ Group)

WIZ members can create WIZ Groups and other Pages for free; however, we may close or transfer WIZ Groups or other Pages, or remove content from them if the content violates this Agreement or others' intellectual property rights. Any user may create a Page; however, only an authorized representative of the subject matter may administer the Page. Pages with names consisting solely of generic or descriptive terms will have their administrative rights removed.

10. Protecting Copyrights and other Intellectual Property

Magmasoft respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Magmasoft's policy to terminate, in appropriate circumstances, the membership of repeat infringers. If you believe your work has been copied and posted on or through the WIZ Platform in a way that constitutes copyright infringement, please send Magmasoft a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the WIZ Platform (providing the URL(s) of the claimed infringing material satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Magmasoft's Copyright Agent for notification of claimed infringement can be reached as follows: Copyright Agent, Magmasoft, Pte. Ltd., [Please insert the address and phone/fax]; Attn: Copyright Agent. Magmasoft's Copyright Agent for notification of claimed infringement can also be reached electronically at. Magmasoft provides certain tools and technologies to help facilitate copyright owners' control over their copyrighted works. In order to inquire about the availability of these tools and technologies, please contact Magmasoft's Copyright Agent at the email address listed.

11. Third Party Linked Services

Linked Services created by third party developers may be available on, through or in connection with the WIZ Platform. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your wiztango profile or shared with other Users on the WIZ Platform or which may link to your wiztango account from outside of the WIZ Platform. Linked Services may use your wiztango profile information, friends and/or other profile content on the Linked Service and share activity events between Magmasoft and the Linked Service (depending on the features the Linked Service chooses to make available). When you engage with a third party Linked Service, you are interacting with the third party, not with Magmasoft. Magmasoft does not control the third party, and cannot dictate their actions. If you choose to use a third party Linked Service, the Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. In addition, the third party providing the Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Magmasoft is not responsible for and makes no warranties, express or implied, as to the third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). Magmasoft encourages you not to provide any personally identifiable information to any third party Linked Service unless you know and are comfortable with the party with whom you are interacting.

12. Member Disputes

You are solely responsible for your interactions with other wiztango Users, third party developers or any other parties with whom you interact through the WIZ Platform and/or Linked Services. Magmasoft reserves the right, but has no obligation, to become involved in any way with these disputes.

13. Privacy

Use of the WIZ Platform is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.

14. Disclaimers

Magmasoft is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted through or in connection with the WIZ Platform or Linked Services, by Users of the WIZ Platform or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Magmasoft. In addition, Magmasoft is not responsible for any damage, injury or loss caused by Users of the WIZ Platform or by any of the equipment or programming associated with or utilized in the WIZ Platform or Linked Services. Profiles and Linked Services created and posted by Members on, though or in connection with the WIZ Platform may contain links to other websites or services. Magmasoft is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Magmasoft. Inclusion of any linked website or service on the WIZ Platform does not imply approval or endorsement of the linked website or service by Magmasoft. When you access these third party sites and services, you do so at your own risk. Magmasoft takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the WIZ Platform or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties. Magmasoft is not responsible for the conduct, whether online or offline, of any User of the WIZ Platform or Linked Services. Magmasoft assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. Magmasoft is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the WIZ Platform or Linked Services or combination thereof, including, without limitation, any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the WIZ Platform or Linked Services. Under no circumstances shall Magmasoft be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the WIZ Platform or Linked Services, attendance at a WIZ event, from any User Content posted on or through the WIZ Platform or Linked Services, or from the conduct of any Users of the WIZ Platform, whether online or offline. The WIZ Platform and Linked Services are provided "AS-IS" and as available and Magmasoft expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Magmasoft cannot guarantee and does not promise any specific results from use of the WIZ Platform or Linked Services.

15. Limitation of Liability

IN NO EVENT SHALL MAGMASOFT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WIZ Platform OR LINKED SERVICES, EVEN IF MAGMASOFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MAGMASOFT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MAGMASOFT FOR THE WIZ Platform DURING THE TERM OF MEMBERSHIP.

16. Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of the Singapore without regard to its conflict of law provisions. You and Magmasoft agree to submit to the exclusive jurisdiction of the courts located within the [Singapore to resolve any dispute arising out of the Agreement or the WIZ Platform. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

17. Indemnity

You agree to indemnify and hold Magmasoft, its subsidiaries, and affiliates, subcontractors and other partners, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including, but not limited to, reasonable attorneys' fees, made by any third party due to or arising out of your use of the WIZ Platform in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any Content that you post on, through or in connection with the WIZ Platform.

18. Other Terms

This Agreement is accepted upon your use of the wiztango Website or any of the WIZ Platform and is further affirmed by you becoming a Member. Your agreement with Magmasoft will always include this Agreement at a minimum. Your access and use of certain WIZ Platform will require you to accept additional terms and conditions applicable to such certain WIZ Platform, in addition to this Agreement, and may require you to download Software or Content. The failure of Magmasoft to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. wiztango, WIZ, Magmasoft are trademarks of Magmasoft, Pte. Ltd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

To contact us regarding any questions about this Agreement, please write to [email protected].