Just Jolly Certification Terms of Use

These Just Jolly Certification Services Terms of Use (hereinafter, the “Just Jolly Certification Terms”) are an agreement between Just Jolly. (hereinafter, “Just Jolly”, “us” or “we”) and you, and together with the general Just Jolly Terms of Service (the “General Terms” and collectively: the “Terms”) set forth the terms and conditions which govern your use of any Just Jolly Services including Just Jolly services allowing Just Jolly Users to apply for and receive a Certification from Just Jolly in accordance with the certifications programs and exams organized and offered by Just Jolly (the “Just Jolly Certification Services” or the “Services”)

The Just Jolly Certification Services shall be deemed to be part of the "Just Jolly Services" as such term is defined in the General Terms. In event of a difference between these Just Jolly Certification Services Terms and the General Terms, the terms set forth herein shall prevail to the extent they relate to your use of Just Jolly Certification Services, otherwise the General Terms shall prevail. Any capitalized terms used herein and not otherwise defined herein, shall have the meaning ascribed to them in the General Terms.

PLEASE Read these Just Jolly Certification Services Terms carefully before accessing or using the Just Jolly Certification Services. By accessing or using the Just Jolly Certification Services, you agree to be bound by the terms and conditions set forth herein. If you do not wish to be bound by the Just Jolly Certification Services Terms, you may not access or use the Just Jolly Certification Services and should immediately cease such use. Just Jolly may modify, with or without notice, these Just Jolly Certification Services Terms at any time, and you agree to review the Just Jolly Certification Services Terms periodically to be aware of such modifications. Your continued access or use of the Just Jolly Certification Services shall be deemed your conclusive acceptance of any modified Just Jolly Certification Services Terms.

You will not be permitted to take the Just Jolly Certification Services exam and will not be able to use the relevant Just Jolly Certification Badge and Logo.

1. Definitions

“Certified” means an individual who has successfully met the Certification Requirements and has received written confirmation of such from Just Jolly.

“Certification” means the process and obtention of the relevant certificate upon successful completion of the Certification Exam and Certification Requirements as described in those terms.

“Certification Requirements" means any one of the sets of requirements established by Just Jolly that an individual must meet to become Certified and must continue to meet to maintain the Certification. The Certification Requirements are further described in Section 2 herein as the Certification Process.

“Logo” “Certificate” or “Badge” shall mean any one of the Certification logos, certificates or badges established by Just Jolly which you may become authorized to use by becoming Certified and by meeting and maintaining the Certification Requirements.

2. Certification Process

2.1. General Eligibility Terms

2.2.1. In order to become Certified, you shall pass the Certification Exam as described in each relevant Certification available at the “Certification Exam”. You acknowledge and agree that Just Jolly will review and grade your Certification Exam in accordance with the different criterias available in each Certification process description and that Just Jolly shall determine, at its sole discretion, if the Certification Exam has been successfully completed.

2.1.2 You agree that you shall not use or create another Just Jolly’s account to reapply to the Certification process if you already have applied to such Certification process and failed the Certification Exam.

2.2. Certification Exam for Just Jolly Users

2.2.1. In order to become Certified, you shall pass the Certification Exam as described in each relevant Certification available at(the “Certification Exam”). You acknowledge and agree that Just Jolly will review and grade your Certification Exam in accordance with the different criterias available in each Certification process description and that Just Jolly shall determine, at its sole discretion, if the Certification Exam has been successfully completed .

2.2.2. You acknowledge that Just Jolly may update or modify the content of a Certification Exam at any time to reflect changes to Just Jolly technology,  to preserve the integrity of the Certification or for any reason that Just Jolly may deemed necessary.

3. Certification Maintenance

3.1. To maintain your Certification, you must:

3.1.1 Maintain compliance with your obligations under these Terms;

3.1.2 Hold a Just Jolly User Account. In which you have been given a badge or certification.

3.1.3 Meet the current Certification Requirements, as may be specified or modified by Just Jolly from time to time.

3.2. Just Jolly may revoke, at its sole discretion, the Certification, Badge and Logo attributed to You, if (a) Just Jolly consider that you actions and behavior can harm Just Jolly’s reputation and integrity, or the reputation of the Certification attributed to you, as decided at Just Jolly sole discretion; or (b) if you are in breach of your obligations under these Terms.

3.3 You agree that your business and/ or services provided under or in relation with the Certification will (a) be handled in compliance with the applicable laws and regulations; (b) avoid any activity that would be defined illegal, unethical, deceptive or misleading or in any other way that could cause any kind of harm to the reputation and name of Just Jolly; and (c) not make or appear to make any warranties, representations or guarantees on behalf of Just Jolly or related to Just Jolly products or services.

4. Logo Use and Ownership

4.1. Subject to your compliance with the provisions of these Terms, upon your successful completion of the Certification Requirements and upon validation of your Badge through linking your Badge to the relevant certification validation page provided upon reception of the Certification Certificate, Just Jolly grants you a non-exclusive, non-transferable, non-assignable, royalty-free license to use the Logo and Badge associated with the Certification that you have received solely in connection with publicizing that you have met and continue to meet all Certification Requirements.

4.2.  You agree that the Certification Certificate can only be delivered to one of your accounts per your choice and that such choice is final and the Certification Certificate cannot be transferred from one of your accounts to the other, unless decided otherwise by Just Jolly, at its sole discretion.

4.3. You agree not to use the Logo, Badge or any other marks of Just Jolly in a way that may: (a) damages or infringes Just Jolly’ rights in the Badge or Logo; (b) reflects negatively on Just Jolly or otherwise injures or harm Just Jolly’ reputation; and (c) misrepresents your relationship with Just Jolly or gives the impression that Just Jolly endorses or recommends your business or services.

4.4. You agree to use only the Logo and Badge that will be supplied to you by Just Jolly, and to use them in a manner that complies with the guidelines and recommendations provided to you by Just Jolly from time to time. You further agree to comply with any recommendation or change that Just Jolly might request you to make in the use of the Logo or Badge or any other marks of Just Jolly.

4.5 Just Jolly retains all rights, title and interest in and to all Certification and related information, content, data, exams, materials, and all copyrights, patent rights, trademark rights and other proprietary rights therein. All rights not expressly granted by Just Jolly to you are expressly reserved to Just Jolly.

5. Confidentiality

5.1. You understand that the exams documentation, questions, and any and all information related to the Certification Requirements shall be considered and treated as Confidential Information of Just Jolly (“Confidential Information”).

5.2. You undertake, during the duration of the Terms and after the termination of the Terms, to: (a) hold all Confidential Information in confidence and take all reasonable measures to protect the Confidential Information; (b) make no use of the Confidential Information except as expressly allowed under these Terms; and (c) not disclose, reproduce, disseminate or transmit in any way any portion of the Confidential Information to any third party in any form, including without limitation, written, electronic or oral form.

6. Term and Termination

6.1. The term of this Agreement shall commence upon the date you accept these Terms and will continue until terminated in accordance with Section 6.2 and 6.3.

6.2 Either party may terminate this agreement at any time and for any reason.

6.3. Just Jolly, in its sole discretion and without prejudice to any rights Just Jolly may have under these Terms, the law, equity or otherwise, may terminate these Terms at any time upon the occurrence of any one of the following events: (a) failure by you to comply with the requirements established by Just Jolly for maintaining your Certification; (b) misrepresentation by you of your Certification status; (c) you use of a Logo or Badge in a manner that  Just Jolly believes could injure Just Jolly’s reputation, the Certification’s reputation or rights in the Logo or Badge; (d) your misappropriation or disclosure without authorization, of any Just Jolly’s trade secret or Confidential Information including, without limitation, any Confidential Information as identified in 5.1 above or (e) your failure to comply with any of the material terms of these Terms.

6.4 Upon termination of these Terms, you shall immediately cease all use of the Logo, Badge or Certification allowed to you under these Terms and all licenses provided to you by Just Jolly shall be terminated. The provisions of Section 5, 6, 7, 8 and 9 shall remain in full force after the termination of these Terms.

7. Limitation of Liability

IN NO EVENT SHALL JUST JOLLY BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS PROFITS) ARISING FROM THIS AGREEMENT OR IN ANY WAY RELATED TO YOUR CERTIFICATION, YOUR FAILURE TO ACHIEVE OR MAINTAIN CERTIFICATION, YOUR USE OR INABILITY TO USE THE DESIGNATIONS OR LOGOS, OR THE TERMINATION OF YOUR CERTIFICATION, WHETHER IN AN ACTION IN CONTRACT OR TORT, EVEN IF JUST JOLLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification

You agree to Indemnify and hold harmless, Just Jolly and its affiliates from and against any and all expenses, damages and losses of any kind (including, without limitation, fines, reasonable professional fees and costs) incurred by Just Jolly and arising out of any claims which may be brought against Just Jolly and which may result of (a) a breach by you of these Terms (b) any claim that you’ve made a deceptive, unlawful, misleading use of the Certification and/or Certification Logo and Badge or any other use that may harm the name or reputation of Just Jolly.

9.  Miscellaneous

9.1 Just Jolly reserves the right to change, suspend or terminate the Certification and any of the Certification Requirements, for any reason and/or change any of these Terms with or without prior notice - at any time and in any manner.

9.2 If Just Jolly records mentioned that you are Certified, Just Jolly may, but shall not be obligated, to notify you the change or termination of the Certification by email at the email address provided by You during your registration to the Certification Process however it is your responsibility to regularly check these Terms in order to be updated of a change that might have occur.

9.3. You agree that Just Jolly will not be liable to you or to any third party for any modification, suspension or discontinuance of those Just Jolly services described in these Terms.

9.4. You and Just Jolly are independent contractors, and nothing in these Terms will create any partnership, joint venture, agency, franchise, sales representative, or other relationship between the parties. Neither of the parties will have the authority to make or accept any offers or representations on behalf of the other party.

9.5. These Terms, including Just Jolly’s Terms of Service and Just Jolly’s Privacy Policy, constitutes the entire agreement and understanding between Just Jolly and you with respect to the subject matter thereof and supersedes all previous understandings, agreements and representations between Just Jolly and you, written or oral.