PLEASE READ THIS Terms of Service CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS Terms of Service CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Use of Our Service
Embassy.Education provides an online interactive platform for taking and creating coding classes.
This is a contract between you and Embassy.Education. You must read and agree to these terms before using the Embassy.Education Service. If you do not agree, you may not use the Service. You must be 5 years or older to use the Services. If you are less than 18 years of age and would like to register to use any part of the Services, please ask your parent or legal guardian to review and agree to these terms before you use any part of the Services, or ask them to complete the purchase or registration on your behalf. Supplemental terms and conditions may apply to some Services, such as rules for a particular competition, promotion, service or other activity, or terms that may accompany certain content accessible through the Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms. The Service is not available to any Users previously removed from the Service by Embassy.Education.
B. Embassy.Education Service
Subject to the terms and conditions of this Terms of Service, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. Embassy.Education reserves all rights not expressly granted herein in the Service and the Embassy.Education Content (as defined below). Embassy.Education may terminate this license at any time for any reason or no reason.
C. Embassy.Education Accounts
Your Embassy.Education account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. By connecting to Embassy.Education with a third-party service (for example, Facebook, Google or Twitter), you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify Embassy.Education immediately of any breach of security or unauthorized use of your account. Embassy.Education will not be liable for any losses caused by any unauthorized use of your account.
You may control your User profile and how you interact with the Service by changing the settings in your “account settings” page. By providing Embassy.Education your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may unsubscribe from the news letters. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
E. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Embassy.Education servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Embassy.Education grants the operators of public search engines revocable permission to use spiders to copy materials from Embassy.Education.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Terms of Service, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Terms of Service.
You are solely responsible for your interactions with other Embassy.Education Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Embassy.Education shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. User Content
Some areas of the Service allow Users to post content such as profile information, comments, questions, course content and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). Access to these features may be subject to age restrictions. We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Terms of Service. Embassy.Education has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service.
You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current or (ix) violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Embassy.Education reserves the right, but is not obligated, to reject and/or remove any User Content that Embassy.Education believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with any of the copyright agencies around the globe including the U.S. Copyright Office, or any writers guilds, alliances or associations including Writer’s Guild of America, or any other rights organization.
For the purposes of this Terms of Service, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
In connection with your User Content, you affirm, represent and warrant the following:
Your User Content and Embassy.Education’s use thereof as contemplated by this Terms of Service and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Embassy.Education may exercise the rights to your User Content granted under this Terms of Service without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining Terms of Service or otherwise. To the best of your knowledge, all your User Content you provide to us is truthful and accurate. You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or likeness in the manner contemplated by the Service and this Terms of Service, and each such person has released you from any liability that may arise in relation to such use. Embassy.Education takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Embassy.Education shall not be liable for any damages you allege to incur as a result of User Content.
3. User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Embassy.Education a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Embassy.Education’s (and its 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 User Content through the Service, and to use, display, reproduce and perform such User Content solely as permitted through the functionality of the Service and under this Terms of Service.
4. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Embassy.Education Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Embassy.Education and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Terms of Service shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Embassy.Education Content. Use of the Embassy.Education Content for any purpose not expressly permitted by this Terms of Service is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Embassy.Education under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Embassy.Education does not waive any rights to use similar or related ideas previously known to Embassy.Education, or developed by its employees, or obtained from sources other than you.
5. Embassy.Education Indicators
Certain aspects of the Service may allow you to obtain certain reputational or status indicators (for example, points and badges for completing courses) (“Embassy.Education Indicators”). You understand and agree that regardless of terminology used, Embassy.Education Indicators represent a limited license right governed solely by the terms of this Terms of Service and available for distribution at Embassy.Education’s sole discretion. Embassy.Education Indicators are not redeemable for any sum of money or monetary value from Embassy.Education at any time. You acknowledge that you do not own the account you use to access the Service, nor do you possess any rights of access or rights to data stored by or on behalf of Embassy.Education on Embassy.Education servers, including without limitation any data representing or embodying any or all of your Embassy.Education Indicators. You agree that Embassy.Education has the absolute right to manage, regulate, control, modify and/or eliminate Embassy.Education Indicators as it sees fit in its sole discretion, in any general or specific case, and that Embassy.Education will have no liability to you based on its exercise of such right. All data on Embassy.Education’s servers are subject to deletion, alteration or transfer.
NOTWITHSTANDING ANY VALUE ATTRIBUTED TO SUCH DATA BY YOU OR ANY THIRD PARTY, YOU UNDERSTAND AND AGREE THAT ANY DATA, ACCOUNT HISTORY AND ACCOUNT CONTENT RESIDING ON EMBASSY.EDUCATION’S SERVERS, MAY BE DELETED, ALTERED, MOVED OR TRANSFERRED AT ANY TIME FOR ANY REASON IN EMBASSY.EDUCATION’S SOLE DISCRETION, WITH OR WITHOUT NOTICE AND WITH NO LIABILITY OF ANY KIND. EMBASSY.EDUCATION DOES NOT PROVIDE OR GUARANTEE, AND EXPRESSLY DISCLAIMS, ANY VALUE, CASH OR OTHERWISE, ATTRIBUTED TO ANY DATA RESIDING ON EMBASSY.EDUCATION’S SERVERS.
6. Paid Services
A. Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Embassy.Education may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Terms of Service or otherwise.
B. Automatic Renewal
Embassy.Education subscriptions renew automatically using the payment details on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee. Until you cancel, your subscription will renew monthly or annually on the same day of the month or year, respectively, as the date you made your initial purchase and the payment information on file will be billed for the then-current subscription fee. This purchase date will be included on your subscription confirmation receipt that will be emailed to you at the email you provide. You may cancel or amend any subscriptions at any time from within the Manage Payments section of your Account Settings. Cancellation will stop future subscription charges from accruing to your account.
C. Payment Terms
By enrolling with us, you confirm that you’ve understood the fees associated with the course; accept that courses have a limited duration of access for the platform and online classes; and prepaid for the course. If you fail to pay any part of the course fee by the due date, we reserve the right to restrict access to our courses that we provide to you; restrict access to booking online classes with tutor if you subscribed for online tuitions; and notify relevant credit agencies of your default.
If you are paying your course fee by instalment, you must use a valid credit card; must agree to an Installment Payment Agreement; must pay all such instalments on or before the due dates; remain liable for unpaid instalments event.
If you would like to extend access to a course on the Embassy.Education platform the additional charges will apply based on the subscribed package.
D. Refunds and Withdrawal
1) Membership Subscription Plan
You may cancel your Embassy.Education account at any time; however, there are no partial or pro-rata refunds for cancellation. If you cancel your subscription, the cancellation will be effective at the end of the current monthly or annual billing period; you will have continued access to your subscription for the remainder of that period.
2) Fixed Plan for Self Coding Lessons
Self Coding Lessons purchased are not refundable as we have 3 free trial lessons to try our platform prior to purchasing it. However, Embassy.Education may offer you to change the programming course to a different package within 7 days after purchase. In case you prefer to proceed with the current course you will have continued access to your subscription for the remainder of the subscription period, but you will not receive a refund.
3) Online tuitions
Embassy.Education may offer partial, pro-rata refunds for Embassy.Education’s early suspension, termination, or cancellation of a paid program, where the pricing and payment terms for the specific Embassy.Education program expressly states that such refunds are available in such scenarios. Embassy.Education will proceed with a pro-rata refund for the unutilized lessons based on the number and the price of utilised lessons.
E. Free Trials
Embassy.Education may offer a free trial of our Service to new and eligible returning subscribers and Fixed plan subject to specific terms explained during your free trial sign-up. To avoid being charged during a free trial promotion, you must cancel your subscription before your free trial ends. You can view the details of your free trial on your Embassy.Education “Purchases” page. Embassy.Education reserves the right to determine eligibility for free trials, which may vary based on factors including the subscription selected and how recently you redeemed a free trial. Certain limitations may also exist with respect to combining free trials with any other offers. If you do not cancel prior to the end of your free trial period, the payment method provided at sign-up will be automatically billed for the applicable subscription fee. If you wish to avoid charges to the payment information that you have on file, you must cancel your subscription prior to the end of the trial period. Subsequently, you may cancel your subscription at any time as described in the “Cancellations” section of these Terms.
You can cancel your subscription at any time by logging into your Embassy.Education account on the Embassy.Education site and following the instructions on the Manage Payments section of your Account Settings page. You must cancel your subscription prior to your next recurring billing date in order to avoid being charged. If you cancel your subscription, you will continue to have access to the Service through the end of your current billing period, but will not receive a prorated refund. Cancelling your subscription will not completely delete your account from our Service. You may choose to delete your account, but you will not be able to recover data from your former account at a later date if you will wish to do so.
G. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to any such purchases, transactions or other monetary transaction interactions.
H. Our Obligation
Subject to these terms and conditions, Embassy.Education agrees to provide you with access to our learning environment, associated learning, material and trainers; will respond to your questions throughout the course; and Embassy.Education is entitled to make changes to your course, to our policies and procedures from time to time and reasonable changes to our fees.
Emabssy.Education reserves the right to discontinue tuition or change tutor for any reasonable cause.
Embassy.Education cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
9. Photo and Video Consent
Participants at Embassy.Education’ workshops/online camps will be involved in various activities where they may be photographed and/or be filmed. Photographs and/or videos of students may be reproduced in Embassy.Education publications, marketing materials and website for promotional purposes.
By accepting our Terms and Conditions you have given consent for Embassy.Education to use and publish photographs and/or videos of your child for promotional purposes. However, if you do not wish us to use the photo and video content depicting your kids(s) and their works please provide written notification for us not to use such in our marketing materials.
In accepting the Terms and Conditions you understand that:
- The photographs, digital images, and videos will only be used for the promotional purposes of Embassy.Education;
- You consent to Embassy.Education using and publishing photographs, digital images and/or videos in any of its publications and materials (including written, electronic or multimedia materials) for distribution anywhere in the world, on Embassy.Education website, for promotional purposes;
- While the contents of the Embassy.Education website are protected by copyright, once information has been published on the Internet, Embassy.Education has no control over its subsequent use and disclosure;
- Personal information published on the Internet is accessible to anyone with access to the Internet, from anywhere in the world; and
- You indemnify Embassy.Education to the extent permitted by the law for any claim as a result of Embassy.Education using and publishing photographs, digital images and/or videos in any of its publications and materials.
As the person purchasing the product / service, you acknowledge that you are over 18 years of age and you are the parent/guardian of the enrolled student, who is under 18 years and you have the legal capacity to give consent.
By agreeing to the Terms and Conditions you give consent to Embassy.Education to take photographs and/or videos of your child. You are also able to give Embassy.Education written notification that photo and video consent has not been given. You understand that:
- Embassy.Education does not guarantee that any photographs, digital images, or videos of your child will necessarily be used;
- You will not be given the original of the photographs, digital images, or videos of your child;
- You will not be remunerated for the use of these photographs, digital images or videos of your child;
- The publication of photographs, digital images, or videos of your child include possible use on the Internet and in any marketing materials;
- You consent to the film production company/photographer collecting the photographs, digital images, or videos of your child.
- You consent to Embassy.Education and those acting under its authority to copy and distribute photographs, digital images and videos of your child in whole or in part as they deem appropriate for promotional purposes.
- You indemnify Embassy.Education to the extent permitted by the law for any claim as a result of Embassy.Education using and publishing photographs, digital images and/or videos of your child in any of its publications and materials.
10. Third-Party Links
You agree to defend, indemnify and hold harmless Embassy.Education and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, 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 out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Terms of Service, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of other appropriate security code.
12. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, EMBASSY.EDUCATION, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS Terms of Service GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS Terms of Service WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
EMBASSY.EDUCATION DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE EMBASSY.EDUCATION SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND EMBASSY.EDUCATION WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EMBASSY.EDUCATION, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL EMBASSY.EDUCATION BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBASSY.EDUCATION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL EMBASSY.EDUCATION, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO EMBASSY.EDUCATION HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF EMBASSY.EDUCATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME COUNTRIES AND STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS Terms of Service GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS Terms of Service WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the Republic Singapore. Embassy.Education makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable local laws and regulations in relation to our services.
This Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Embassy.Education without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
15. Notification Procedures and Changes to the Terms of Service
Embassy.Education may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Embassy.Education in our sole discretion. Embassy.Education reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Terms of Service. Embassy.Education is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Embassy.Education may, in its sole discretion, modify or update this Terms of Service from time to time, and so you should review this page periodically. When we change the Terms of Service in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
16. Entire Terms of Service/Severability
This Terms of Service, together with any amendments and any additional Terms of Services you may enter into with Embassy.Education in connection with the Service, shall constitute the entire Terms of Service between you and Embassy.Education concerning the Service. If any provision of this Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Service, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration Terms of Service shall be unenforceable.
17. No Waiver
No waiver of any term of this Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Embassy.Education’s failure to assert any right or provision under this Terms of Service shall not constitute a waiver of such right or provision.
18. Government Use Rights
If the Service is licensed to the United States government or any agency thereof, then the Service will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service.
19. DMCA Notice
Since we respect artist and content owner rights, it is Embassy.Education’s policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Embassy.Education’s copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on the Service;
- Information reasonably sufficient to permit Embassy.Education to contact you, such as your address, telephone number, and, e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Embassy.Education and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Embassy.Education’s rights and obligations under the Law of Singapore, but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the Law of Singapore and other applicable laws.
20. Governing Law and Arbitration
A. Governing Law.
You agree that: (i) the Service shall be deemed solely based in Singapore; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Embassy.Education, either specific or general, in jurisdictions other than the Republic of Singapore.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM EMBASSY.EDUCATION. In the unlikely event that Embassy.Education has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Embassy.Education claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), the arbitration will be conducted in the Republic of Singapore, unless you and Embassy.Education agree otherwise. Each party will be responsible for paying any filing, administrative and arbitrator fees in accordance with applicable law. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Embassy.Education from seeking injunctive or other equitable relief from the courts as necessary to protect any of Embassy.Education’s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND EMBASSY.EDUCATION ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, .COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.