Terms of Service
The eduPOW web site (the "Site"), the services provided (the "Services") and the software available for download (the "Software") from eduPOW or the Site in connection with the Services are owned, operated and maintained, as applicable, by Edvengers Alliance Sdn Bhd (1043301-T) ("we", "our" , "us", or the "Company"). By (1) using or accessing the Site or the Services; (2) downloading, accessing, installing or using the Software; or (3) paying for someone else to use or access the Site or the Services or download, access, install or use the Software, you agree to the terms and conditions set forth below (the "Terms").
The Company software and services enable students, parents, schools and Subscribing Entities (collectively, "Users" or "Clients") to connect with contractor instructors, independent or otherwise (the "Instructors") who provide live and recorded instruction, tutoring, and learning services in our proprietary online software and services (the "Courses"). The Services include, without limitation, facilitating and hosting Courses, and taking feedback from Users.
By using the Company's products and services, you are entering into a binding legal agreement between you and the Company. If you do not agree with these Terms, you should not use the Site.
For the purposes of this agreement, "you" means a parent who pays for access to the Services as well as the student or Author (as defined below) or anyone who accesses or uses the Services. If you are a parent, guardian, or other person who enables a child to access the Services, you agree to stand in the shoes of such child for the purposes of making us whole in case of damages or indemnification that could properly lie against a child, if not for his or her age. This Site is intended for use by you only if you are above the age of 13.
For the purposes of this agreement, "Submitted Content" means materials (text, audio, video or any other format) submitted, transmitted, delivered or post to us on or through the Company's software, site or services, will be treated as non-confidential and may be reproduced, distributed, publicly performed, publicly distributed, communicated to the public, and otherwise used by us for any purpose related to the delivery, marketing, promoting, demonstrating or operating the Company Products. Notwithstanding the foregoing, you have the right to remove all or any portion of your Submitted Content from the Services at any time, with such removal terminating the grant of rights to eduPOW with respect to such Submitted Content within 60 business days of such removal (the "Submitted Content Effective Termination Date"), but such removal shall not terminate the grant of rights given to any Users who paid any required fees to access or use any removed Submitted Content prior to the Submitted Content Effective Termination Date. For the avoidance of doubt, removal of some, but not all, Submitted Content shall serve as a termination with respect only to such removed Submitted Content but not any other Submitted Content.
Through our Services, Site and Software, we enable users to connect with independent Authors (the "Authors") who provide live and recorded instruction, tutoring and learning services.
All Company clients are prohibited from using our services in conjunction with any form of network abuse, spamming, spyware, denial of service, or other illegal activity. Sending any email to purchased lists or lists obtained by any other method (such as harvesting) is prohibited. Clients may only send email to recipients who have joined mailing lists directly from their own website.
Please report any abuse of Company resources promptly so that we can take corrective action against any offending accounts.
Joining the Site, browsing for Courses, and publishing content to the Site is free. Company may change its fee policies at any time in its sole discretion, including charging for access to the Site, but no fee change will be binding upon you until you agree to such fee changes.
4. Specific Obligations of Users using the Site
As a user in search of or engaging Authors, you agree that you will:
- If you are under the age of 18, get parent or legal guardian consent before using the Site and before contacting the Author;
- not distribute or post spam, chain mails or any such data;
- not distribute or post any inappropriate, offensive, racist, hateful, sexist, sex-related, false, defamatory or libelous content to the Site;
- not manipulate or interfere with the Site;
- not disclose any information to an Author that could be considered personally identifiable information including your full name, address, telephone number, email address, social security number, password or any other information that could be used to identify or locate you; and
- not solicit personal information from any Author, and agree that if any Author ever discloses such information to you, asks you for any personal information, or suggests any offline meeting or conversation, you agree to immediately report this to us by phone and in writing.
5. Return Policy
The Company is committed to ensuring satisfaction for all customers who purchase its products. As the leading retailer of digital educational products, eduPOW relies on its Return Policy to help ensure this satisfaction.
Our Return Policy for all eduPOW products is as follows:
The Company will, at its discretion, allow for the refund, return or replacement of any product within 30 days from the date of purchase.
Reasons Why a Sale May Be Refunded
The Company has every incentive to keep customers happy by providing quality products and service. To ensure customer satisfaction, the Company reserves the right to reverse a sale, including but not limited to the following:
- If the customer requests for a refund within 30 days of purchase regardless of any reasons;
- If the vendor of the product requests a return on the customer's behalf within 30 days of purchase if our customer service team confirms there is a valid reason for the return;
- If the customer provides a valid report that the charge was fraudulent or unauthorized;
- For any other reason the Company deems appropriate.
Abuse of the Return Policy
Note to the Company Clients
This Return and Cancellation Policy is part of, and incorporated within, the Company Client Contract. As a condition of registering with eduPOW and using the Company Services, you expressly acknowledge that you have read and understood this Return and Cancellation Policy and you agree to be bound by the terms and conditions contained within. If at any time you disagree with this Return and Cancellation Policy or any part of it, your sole remedy is to cease all use of the Company Services and terminate your account. Please note, however, that any transactions which occurred prior to the date of such termination shall be governed and controlled in full by the terms of this Return and Cancellation Policy.
6. Registration and Identity Protection
To use the Services, you will need to register on the Site and obtain an account, username and password. When you register, the information you provide to us during the registration process will help us in offering content, customer service, and network management. You are solely responsible for maintaining the confidentiality of your account(s), username(s) and password(s) (collectively, the "Account") and for all activities and liabilities associated with or occurring under your Account.
You must notify us immediately of any unauthorized use of your Account and any other breach of security, and (b) ensure that you exit from your Account at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your Account, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your Account.
7. Accuracy of Account Information
In consideration of your use of the Services, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being "Your Data"), (b) maintain and promptly update Your Data to keep it true, accurate, current and complete; and (c) comply with these Terms. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse or restrict any and all current or future use of the Services.
8. Usage Rights
eduPOW hereby grants you (as a User) a limited, perpetual, irrevocable, non-exclusive, non-transferable license to access and use Submitted Content and Company Content, for which you have paid all required fees, on your personal devices (e.g., personal computers and mobile devices), solely for your personal, non-commercial, educational purposes and not for any other purposes. All other uses are expressly prohibited absent our express written consent. For the avoidance of doubt, you may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, or otherwise transfer or use any Submitted Content or Company Content unless we give you explicit permission to do so. Submitted Content and Company Content is licensed, and not sold, to you.
9. Copyright Infringement
We do not promote, foster or condone the copying of copyrighted material or any other infringing activity. Any unauthorized use of the Site or its contents will terminate the limited license granted by us.
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide us our Copyright Agent (identified below) a notice with the following information:
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the Site;
d. your address, telephone number, and email address;
e. 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; and
f. a statement by you, made under penalty of perjury, that the above information in your notice to us is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Our Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached by e-mail at copyright@eduPOW.com
10. eduPOW'S IP RIGHTS.
The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Site or in any Company software and services are registered and unregistered Trademarks of us and others and are protected, without limitation, pursuant to Malaysia and foreign trademark laws. Nothing on the Company Products or otherwise should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Company Products or in connection with the Company Products or Company Content or Software, without the written permission of the applicable Trademark owner. We aggressively enforce our intellectual property rights to the fullest extent of the law. You may not use the Trademarks, either ours or others, in any way without the prior written permission of the applicable Trademark owner. We prohibit use of our logo as a "hot" link to any other World Wide Web site unless approved by us in advance in writing.
You shall not use eduPOW's name, trademarks, service marks or any other IP Right of eduPOW in any manner whatsoever to suggest association or affiliation with or endorsement by eduPOW without the express prior written consent of the Company, which the Company may withhold at its sole discretion. Promotional use of images or reproductions of payment checks issued by the Company without the express, written consent of the Company is prohibited.
Subject to the following terms and conditions, the Company grants You a limited, revocable license to use eduPOW's name: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; (ii) in metatags or hidden text (iii) as a sub domain or second or third level domain name identifier; (iv) to identify Products or (v) in connection with Promotions.
The Company may revoke the foregoing license and/or provide restrictions upon Your use of eduPOW's name, including requiring the use of such disclaimers as the Company may provide, in connection with Your use of eduPOW's name, at anytime and for any reason in the Company's sole discretion.
Failure to comply with any restrictions imposed by the Company upon Your use of eduPOW's name or failure by You to immediately cease all use of eduPOW's name if so instructed by the Company shall constitute a breach of this Agreement. In such case, the Company reserves the right to pursue any and all remedies available to it at Law or in equity.
You may not use or display eduPOW's name in any manner (i) that implies sponsorship or endorsement by eduPOW; (ii) to disparage eduPOW or the eduPOW Services or (iii) other than as specifically authorized under this Agreement.
The Company shall be and remain the sole owner of all right, title and interest in and to the Company Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by the Company, and You hereby assign to the Company all right, title and interest You may be deemed to have therein. Subject to the limited rights expressly granted in this Agreement, the Company reserves all right, title and interest in and to the Company Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by the Company. All rights not specifically granted to You under this Agreement are expressly reserved by the Company.
11. Confidential Information
You agree to safeguard the Company Content and the Services (collectively, "Proprietary Information") and to prevent the unauthorized, negligent or inadvertent use or disclosure of such Proprietary Information. You will not, without our prior written approval, directly or indirectly, use or disclose the Proprietary Information to any person or business entity. You agree to promptly notify us in writing of any use or disclosure of Proprietary Information in violation of these Terms. You acknowledge that the use or disclosure of the Proprietary Information in any manner inconsistent with these Terms will cause us irreparable damage and that we will have the right to (i) equitable and injunctive relief to prevent such prohibited use or disclosure, and (ii) recover the amount of all damages (including attorneys fees and expenses) in connection with such prohibited use or disclosure.
The Site or the Services may provide links to non-Company web sites or resources (the "Third Party Sites"). This may include Authors sending links to Third Party Sites and/or causing Third Party Sites (such as study resources or online education pages) to pop-up for your review. Because we have no control over Third Party Sites, you acknowledge and agree that we are not responsible for the availability of Third Party Sites, and do not endorse and are not responsible or liable for any content, advertising, products, services or other materials on or available from Third Party Sites. 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, advertising, products, services or other materials available on or through any Third Party Sites or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity they may contain.
13. Warranty Disclaimer
The company content, the site, the services and each portion thereof are provided "as is" without warranties of any kind either express or implied. To the fullest extent possible pursuant to applicable law, we disclaim all warranties, express or implied, with respect to the site, the company content, the services and each portion thereof, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or other violation of rights. We do not warrant or make any representations regarding the use, validity, accuracy, or reliability of, or the results of the use of, or otherwise respecting, the company content, the site, the services, each portion thereof or any third party sites.
14. Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall we or third parties be liable for any direct, indirect, special, incidental or consequential damages, including, but not limited to, loss of data or profit, arising out or relating to the use, or the inability to use, the company content, the site, the services or any portion thereof, even if we or our authorized representative has been advised of the possibility of such damages. If your use of the site, the company content, the services or any portion thereof results in the need for servicing, repair or correction of equipment or date, you assume any costs thereof. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Neither we, nor third parties warrant the accuracy or completeness of the information, text, graphics, links or other items contained in the company content, the site, the services or any portion thereof or in any reports of verification services. You agree not to hold us (or our agents, employees or educators) liable for any instruction, advice or services delivered which originated through the site, through any verification service or in connection with the company content, the services or any portion thereof. We are not responsible for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to conduct of educators or users.
You agree to indemnify, defend and hold harmless us, and our affiliates, officers, directors, agents, partners, employees, licensors, representatives and third party providers (including our affiliates' respective officers, directors, agents, partners, employees, licensors, representatives, and third party providers), from and against all losses, expenses, damages, costs, claims and demands, including reasonable attorney's fees and related costs and expenses, due to or arising out of any Submitted Content you submit, post to, email, or otherwise transmit to us or through the Services, your use of the Services, the Company Content or any portion thereof, your connection to the Services, or your breach of these Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to fully cooperate with such defense and in asserting any available defenses.
16. Changes to Terms of Service
We reserve the right, from time to time, with or without notice to you, to change these Terms in our sole and absolute discretion. The most current version of these Terms can be reviewed by clicking on the "Terms of Service" located at the bottom of the pages of the Site. The most current version of the Terms will supersede all previous versions. Your use of the Site or continued use of our service after changes are made means that you agree to be bound by such changes.
17. Termination of Services
You agree and acknowledge that:
The Company, in its sole discretion, may suspend Your account(s) or hold any or all funds in Your eduPOW account if the Company suspects or has reason to believe and/or if a Person otherwise claims that You have been involved with any of the following:
- Illegal activity, including but not limited to, consumer fraud, bank fraud, credit card fraud, spamming or other illicit commercial activities or any other activity which violates any federal, state, local or foreign constitution, treaty, law, statute, ordinance, rule, code, regulation, interpretation, directive, policy, order, writ, decree, injunction, judgment, opinion, ruling, decision, permit, license, registration and other operating authorizations, or any other requirement of, any federal, state, local or foreign government, legislature, governmental or administrative agency or commission, any self-regulatory association or authority, any court or other tribunal of competent jurisdiction, or any other municipality, governmental authority or instrumentality or quasi-governmental entity or authority, whether currently in effect or hereafter enacted or amended ("Law");
- Violation or infringement of any Person's rights, including without limitation, any IP Rights;
- Misrepresenting, over-promising, making false, deceptive or misleading statements or any other acts in violation of federal or state law affecting consumer protection, promotions and commercial activities;
- A breach of any term of this Agreement, including, without limitation, any representation, warranty or covenant made by You in this Agreement; and
- Otherwise violating the Company rules or policies or interfering with the Company's business, including the Company's Vendor and Products Requirements Policy.
Following the suspension of an account or holding of funds per this Section, the Company will review Your account. You acknowledge that this review will be conducted in a manner decided by the Company at its sole discretion. You agree to cooperate with this review. If the review concludes that there is a reasonable basis to believe misconduct has occurred, You agree that the Company may seize and/or retain funds in Your eduPOW account as liquidated damages and/or for the benefit of third parties affected by the misconduct. You acknowledge and agree that such liquidated damages: (a) are not a penalty, and (b) are reasonable and not disproportionate to such presumed damages to eduPOW.
You understand that the Company may also temporarily hold any portion of the funds in Your eduPOW account if the Company, in its sole discretion, determines such action is needed to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness You may incur with the Company or any other Person.
In the event of termination or suspension, the following sections of these Terms shall survive: all provisions regarding ownership of intellectual property, indemnification, disclaimer of warranties and limitations of liability, the provisions of this section which, by their nature apply after termination, and the general provisions below. You agree that upon the termination, we may delete all information related to you on the Services and may bar your access to the Site and use of the Services. Upon the termination you will immediately destroy any downloaded or printed Company Content.
18. Entire Agreement
These Terms and any policies applicable to you posted on the Site constitute the entire agreement between the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. All rights not expressly granted in the Terms are expressly reserved. These Terms shall inure to our benefit and to the benefit of our agents, licensors, licensees, successors, and assigns.
If any provision of these Terms is found to be illegal or unenforceable, these Terms will be deemed curtailed to the extent necessary to make the Terms legal and enforceable and will remain, as modified, in full force and effect.
20. Governing Law and Forum Selection
These Terms and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the laws of Malaysia applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), you agree that any dispute arising out of or relating to the Site or Services or use of the Site or Services shall be heard exclusively in the courts of Malaysia and you covenant and agree not to bring suit in any other forum.
Any notice or other communication to be given hereunder will be in writing and given by facsimile, postpaid registered or certified mail return receipt requested, or electronic mail.
This Terms of Service was last updated on October 24, 2013