Terms of Service ("Terms") and Privacy Policy
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using EdReady mobile application and website (the "Service") operated by Edvenue © Limited ("us", "we", or "our"). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service. When we use the word "Service," we mean not only the EdReady iOS apps available at the Apple App Store, and the EdReady Android app available at the Google Play Store, but also our website edvenue.com, and all the other websites, products, services and applications made available by us. If you have any questions, comments, or concerns regarding these Terms or the Service, please contact us at info@edvenue.com.
By visiting, accessing or using the Service or any Content (as defined below) provided to/by you on, from, or through the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, please do not visit, access or use the Service.
You affirm that you are either more than 18 years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
Our Terms of Service may change from time to time. We will post the latest version of our Terms of Service on our website edvenue.com. In the event of inconsistency or conflict between the version posted on our website and the previous versions, the version posted on our website shall prevail.
Service
We retain the right, in our sole discretion at any time without notice to you, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us.
In connection with any modification of the Service, we will automatically download software updates on your computers and devices from time to time without notice with the intention of improving, enhancing, repairing and/or further developing the Service. You agree to permit us to deliver these updates to you (and you to receive them) as part of your use of the Service.
We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any information, the nature of, or your continued ability to access or distribute, the Content and other data, and impose other limitations at any time without notice.
The Service lets you share information with others. You may also submit Content to the Service. Remember that when you share information publicly, it may be indexable by search engines. Our services provide you with different options on sharing but you will not be able to remove any Content once published or shared. You also understand that we do not guarantee any confidentiality with respect to any Content you submit.
You agree not to alter or modify any part of the Service. You won't attempt to copy or resell the Service. Don't try to reproduce the Service or otherwise try to exploit any part of, use of or access to the Service.
Subscriptions
In order to use the Service, an account with us (an "Account") will need to be created. The Service is billed on a subscription basis ("Subscription(s)"). You will be billed in advance on an annual basis and we reserve the right to change or waive the subscription fees at any time without your consent. Once your Account is created and you accept these Terms, we grant you a personal, limited, non-assignable, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your Account voluntarily, until we close your Account at our sole discretion, with or without reason, pursuant to these Terms, or until your Subscription expires. You do not obtain any other right or interest in us, the Service or the Content.
You also agree that you will not share your Account with any person or, whether voluntarily or involuntarily, let any person use your Account. You are not advised to use any public device to access the Service but if in any inevitable case that you do, you agree to take all necessary measures, including to log out from the device, in order to prevent any person from accessing to the Service. You agree to indemnify us and hold us harmless from any claims, damages, losses, expenses suffered by us and arisen as a result of your use of the Service via any public device or improper use of the Service.
If the storage of your Account exceeds limit, you cannot further upload materials.
You understand that you may only use the Service and the Content during the Subscription period and you will not be able to view, use or access any Content once your Subscription expires or the Account is terminated in accordance with these terms. Any Content uploaded or stored in our system will not be in any way retrievable thereafter and we will not be responsible or liable for the loss of any Content.
Third Party Software
We may from time to time include as part of the Service computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We expressly disclaim any warranty or other assurance to you regarding such third party software.
Content
For the purposes of the Service and the Terms, “Content” shall include any information and materials posted or contributed by us, you or any other users via the Service. Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material as Content. You are responsible for all Content you contribute, in any manner, to the Service, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.
You will keep all your Account information accurate and current. You are responsible for all your activities in connection with the Service. In using our Service and contributing any Content, you shall comply with all applicable laws and regulations (including but not limited to the Law of the People’s Republic of China on Safeguarding National Security in the Hong Kong Special Administrative Region (the National Security Law)).
You understand and agree that we, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. For the purposes of performing system maintenance or provision of other services in connection with the Service or at the request of your school or employer (as the case maybe), we may, from time to time, without your consent, review your Content and make changes to or take down your Content, if required. You should be responsible for backing up your Content by means other than the Service.
Unless otherwise permitted by us and the relevant user contributing such Content, you agree not to download, share or otherwise export any Content (where contributed by us, you or other users of the Service) from the Service. For Content specifically related to our training jobs including, but not limited to, the venue, time, name of our clients, course details, etc. (“Training Jobs Content”), you shall not divulge, download, share, export or communicate any such Training Jobs Content to any person or company (other than any existing employees of us or our affiliated companies), and in no event you may take advantage of or use any such Training Jobs Content for any reason (whether personal or not) that may have any negative effect or impact on us or any of our affiliated companies.
Any Content contributed by other users of the Service may be modified or removed from the Service at any time without notice. You understand and agree, that we will retain, continue to display, distribute, or perform, server copies of your Content.
You also agree not to upload, promote or distribute software viruses or any other kind of computer code, files or programs that attempt to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. You also agree not to access or attempt to access any Contents or information that is not intended to be shared with you from the system by hacking or any other unauthorised means of breaching our system. You shall not interfere with our servers or networks connected to the Service, or with the services and networks of the service providers whose services we use to help deliver the Service. You shall not try to disguise the origin of any Content transmitted through the Service. You will not access or attempt to access the Service by any means other than through the interface provided by us and you will not use the Service in a manner that could lead to the interruption of access to the Service for others. You further agree not to upload, store or share any obscene, inappropriate or illegal Content in your Account, we reserve the right to un-share or take down such Content at our sole discretion.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to the Service, you hereby grant us a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, publish, adapt, make available online or electronically transmit, and perform the Content in connection with the Service and our (and our successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Service a non-exclusive license to access your Content through the Service, and to use, reproduce, distribute, display, publish, make available online or electronically transmit, and perform such Content as permitted through the functionality of the Service and under these Terms. The above licenses granted by you in the Content you submit to the Service survive these Terms, the termination of your Account and the expiration of your Subscription.
IP Rights
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the Service. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to us all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publication on the Service pursuant to these Terms. This provision will survive these Terms, the termination of your Account and the expiration of your Subscription. This applies whether the Content is kept private, shared or transmitted using the Service or any third party application or services integrated with the Service. If we find that any shared Content in your account violates our Terms (including by violating another person's intellectual property rights), we reserve the right to un-share or take down such Content. We do not permit copyright infringing activities and infringement of intellectual property rights on the Service, and we will remove all Content if properly notified that such Content infringes on another's intellectual property rights. We reserve the right to remove any Content from the Service at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), or without any reason, and without notice.
Links To Other Web Sites
The Service may contain links to third party web sites or services that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party web sites or services. We make no representations or warranties regarding suggestions or recommendations of such web sites or services offered or purchased through the Service. YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. By using the Service, you release and hold us harmless from any and all liability arising from your use of any third party website or service. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
Warranties
We do not endorse nor make any representations or warranties concerning any Content contained in or accessing through the Service, and we will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of Content contained in or accessed through the Service. We expressly disclaim any and all liability in connection with Content.
THE SERVICE, CONTENT, WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
Limitation of Liabilities
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR AFFILIATED COMPANIES, OUR RESPECTIVE OFFICERS, DIRECTORS OR EMPLOYEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, LOSSES OR EXPENSES OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, MISSING, LOSS, CORRUPTION OR INACCURACIES OF CONTENT OR DISCLOSURE OF ANY PRIVATE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY INTERRUPTION OR CESSATION OF, OR ERROR IN TRANSMISSION TO OR FROM OUR SERVICE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WE UNDERSTAND THAT, IN SOME JURISDICTIONS, WARRANTIES, DISCLAIMERS AND CONDITIONS MAY APPLY THAT CANNOT BE LEGALLY EXCLUDED, IF THAT IS TRUE IN YOUR JURISDICTION, THEN TO THE EXTENT PERMITTED BY LAW, WE LIMIT OUR LIABILITY FOR ANY CLAIMS UNDER THOSE WARRANTIES OR CONDITIONS TO EITHER SUPPLYING YOU THE SERVICE AGAIN (OR THE COST OF SUPPLYING YOU THE SERVICE AGAIN).
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The above provisions will survive these Terms, the termination of your Account and the expiration of your Subscription.
Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Edvenue © Limited, its affiliated companies, their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service (including any actions taken by a third party using your Account); (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
Termination
We reserve the right, in our sole discretion, to change, limit, discontinue, terminate or suspend any or all aspect, or feature of, or access to our Service immediately, without prior notice or liability, for any or no reason. Account or Service termination may result in destruction of any Content associated with your Account.
Provisions that, by their nature, should survive termination of these Terms shall survive termination. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.
Amendment and Assignment
We reserve the right, at our sole discretion, to modify, revise or replace these Terms at any time without notice to you and you agree to be bound by such modifications, revisions or replacements.
You may not assign, delegate, or transfer these Terms or your rights or obligations hereunder, or your Account, in any way (by operation of law or otherwise) without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Privacy Policy
When you:
§ subscribe to or register any of our services including the Service;
§ enquire information about a product or service of ours;
§ contact us with an enquiry or complaint;
§ use our products or services including the Service;
§ take part in our market research;
§ visit or browse our websites; or
§ purchase a product or services from us through the telephone, online, meeting with us or via the Apple App Store or the Android Marketplace,
we will collect your personal data or your actions for the purposes for providing our services to you. We may also collect your personal data from other organizations such as your schools or employers.
"Personal data", when used herein, shall include, but not limited to, your name (English and Chinese full names); contact details such as telephone number, email address, correspondence address and/or billing address; payment details including credit card information; your date of birth; your preferences for particular products, services or your hobbies and leisure activities; name of your school or employer, title, class, class number, academic results, school ID number; usage data via Google Analytics and etc..
We may use and analyse the personal data for the following purposes:
§ for the daily operation of our services provided to customers;
§ designing services or products for customers' use;
§ processing your order and providing the products and services that you have bought from us and keeping you updated with the progress of your order;
§ keeping you updated of our latest offers or promotions and marketing of the products and services offered by us from time to time;
§ assisting you with any products or services enquiries, including investigating and resolving service affecting issues and dealing with any billing queries you may have;
§ billing you for using our products or services;
§ protecting our network including managing the volume of data and other use of our network;
§ analysing usage of our products and services by you and other customers so that we can further improve our products and services and/or better tailor the type of products and services presented to customers;
§ carrying out research and statistical analysis and monitoring customer use of our products and services on an anonymous basis;
§ assisting us in fraud and crime prevention;
§ contacting you, your school or your employer (as the case maybe) if necessary.
Personal data will only be retained for as long as we need it unless the personal data is also retained to satisfy any applicable statutory or contractual obligations or for the purpose of investigation, detection and prosecution of crime.
You agree, confirm and acknowledge that we may disclose your personal data to the following parties:
§ any of our group companies and affiliates;
§ third party contractors, agents or suppliers who are involved in designing and developing our products and services or provide services to us in connection with the operation of our business;
§ professional advisers (which shall include lawyers and auditors);
§ law-enforcement or government bodies, regulatory bodies, courts or as required by law;
§ your school or employer (including former school/employer); or
§ any person to whom we are under an obligation to make disclosure under the requirements of any law binding on us or under and for the purposes of any guidelines issued by regulatory or other authorities with which we are expected to comply.
We have adequate measures to protect your personal data from unauthorized access, accidental loss or destruction. If it is necessary for us to transfer your personal data to other group companies or service providers outside of Hong Kong, we will take reasonable steps to ensure that your personal data is used by such third parties in accordance with our Privacy Policy. By using the Service, you agree and confirm that we can transfer your personal data in accordance with these Terms (including our Privacy Policy).
In accordance with the terms of the Personal Data (Privacy) Ordinance ("the Ordinance") and subject to exemptions specified in the Ordinance, you have the right to request access to and correction of the Personal Information held by us about you. If you wish to access or correct your personal data, please contact our data protection officer at info@edvenue.com.
Our Privacy Policy may change from time to time. We will post the latest version of our Privacy Policy on our website edvenue.com. In the event of inconsistency or conflict between the version posted on our website and the previous versions, the version posted on our website shall prevail.
Governing Law
These terms will be governed by the law of the Hong Kong Special Administrative Region. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits.