End User Licence Agreement – For General Public

Last updated on March 4, 2025

Overview

The website, EDA-Asia (Edmodo Academy Asia) (the “Website”), the application, EDA-Asia (Edmodo Academy Asia) (the “Application”, and together with the Website, the “Products”) are operated by Fujian Huayu Education Technology Co., Ltd. (hereinafter referred as “we” or “us”), whose registered office is at 851 Building, 58 Wenquan Branch Road, Fuzhou, Fujian, China.

We offer these Products, including all information, tools and services available from these Products to provide educational services (including but not limited to courseware learning, digital certificates, and co-creation etc.) (“Service”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting or otherwise using our Products, you engage in our Service and agree to be bound by the following terms and conditions (“Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced herein which may be applicable to you. These Terms and Conditions apply to all users of the Products, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of the content. Please note that these Terms and Conditions contain Addendums that may be applicable to you depending on your jurisdiction which shall also form part of these Terms and Conditions.

The Products and Service are intended for individuals of 18 years of age or older, or at least the minimum legal age for consenting to personal data collection under the applicable consumer and minor protection laws and rules in the relevant jurisdiction. You represent and warrant that you are at least 18 years of age or older, depending on the age of majority in your jurisdiction, and that you have the legal capacity to enter into this agreement and consent to personal data collection. If you are under the minimum legal age for consenting to personal data collection in your jurisdiction and wish to use the Products and Service, your parent(s) or guardian(s) must complete the registration process, open an Account in their name(s) and accept full responsibility for all obligations under these Terms and Conditions.

Please read these Terms and Conditions carefully before downloading, installing, accessing or using our Products. By accessing or using any part of the Products, you agree to be bound by these Terms and Conditions, including those additional terms and conditions and policies referenced herein which may be applicable to you.

If you find yourself unable to agree to these Terms and Conditions, you must not proceed to use the Service (or any part thereof) or access our Products.

General Conditions

We reserve the right to refuse the Service or the use of our Products to anyone for any reason at any time. You understand that any information provided by you may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. If we accept credit card payment on the Products, your credit card information will always be encrypted during transfer over networks. The treatment of your personal data is subject to our Privacy Policy available at https://h5-cdn.edacn.101.com/agreementOversea/en-US/privacy_policy.html.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

Modifications of Service

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Registration

In order to access and use certain integrated services on our Products, you must register an account through either the Website or the Application (“Account”). You are wholly responsible for keeping your login credentials confidential and secure. You are also wholly responsible for all activities, charges and liabilities that occur on or in connection with your Account and you agree to notify us immediately of any unauthorized access or use of your Account. You acknowledge and agree that we are not responsible or liable for any damages, losses, costs and expenses, or liabilities related to any unauthorized access to or use of your Account.

You are responsible for maintaining the confidentiality of your Account password and you are responsible for any harm resulting from your disclosure or allowing the disclosure of your password or from use by any person of your password to gain access to your Account. The Company will never ask for your password offline or online, except that you will be required to enter your password as part of the log-on process, or when you are requesting the Company to perform certain service that requires your password authentication, in which case you will only be requested to send your password to designated company email address or company Product.

You agree to provide true, accurate, current, and complete information about yourself or the entity that you are representing as prompted by us at registration (“Registration Information”). Further, you agree to update your Registration Information, whether requested by us or not, as and when necessary to ensure that the Registration Information (including but not limited to your contact information) remains true, accurate, current, and complete throughout the validity of your Account. You must not impersonate others or otherwise provide false information when creating an Account on our Products. If you are representing a company, organization or a legal entity or otherwise registering on behalf of someone else (e.g. your employees), you represent and warrant that you have the authority to bind such entity or individuals to these Terms and Conditions. We have the right to suspend or terminate your use of the Products and provision of Service to you if we reasonably believe that the Registration Information you provided to us is not true, accurate, current or complete, or otherwise in violation of our Acceptable User Policy below, and you shall be responsible for any consequences arising therefrom. We may require supporting identification documents from you such as business registration documents and you shall provide such documents as instructed. You understand that if you fail to provide such documents as requested, you shall not be able to register an Account on the Products. Your registration and use of your Account on the Products shall at all times be in accordance with our Acceptable Use Policy below.

You agree that you do not own the Account you use to access the Service and the Products, the Content downloaded to your Account or your device (as the case may be) or any other data which the servers, Account and Products are comprised of. The Account, Content, Products and any other data which the servers, Account and Products are comprised of, are properties of us or the Content Providers (as the case may be).

Any notices that we may deliver to you in relation to the administration or operation of the Products and/or your Account may be made as follows: (i) by email to the last email address provided by you; (ii) by posting a notice on our Products; and/or (iii) any other method utilized by us including in-app notification or push/pop up notification. For the avoidance of doubt, you consent to receive electronic communications in relation to the administration or operation of our Service. In any event, your submission of personal data through the Product (for example, in the course of registering an Account on the Product) is governed by our Privacy Policy, which can be accessed via https://h5-cdn.edacn.101.com/agreementOversea/en-US/privacy_policy.html.

Our Services

The Products are an integrated service platform and software application that facilitates the hosting of online courses and circulation of educational materials for users and other add-on services to be introduced by us from time to time.

By registering an Account on the Products, users gain access to various Content (as defined below) provided by us and/or our respective content providers (“Content Providers”) (which may be subject to payment) and the right to enjoy all other Service on the Products, subject to these Terms and Conditions and the applicable additional terms. In relation to the attendance of courses on the Products, upon successful completion of certain courses, a digital certificate shall be issued to attendees.

We reserve the right but are not obligated, to limit our Service or any part of our Service to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. Although the Products may be accessible worldwide, not all features, Service provided or offered through or on the Products are available to all persons or in all geographic locations. You further acknowledge that your access and use of the Products and our Service offered may be suspended for the duration of any unanticipated or unscheduled downtime or unavailability of any portion or all of the Service for any reason including but not limited to system failures and technical interruptions. EDA-Asia has the absolute right, without any liability to you, to suspend your access to our Products or our Service at any time, for all scheduled downtime for the purpose of periodic maintenance or otherwise.

All descriptions of our Service and fees are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any Service at any time without notice.

Accuracy, Completeness And Timeliness Of Information

We are not responsible if information made available on the Products are not accurate, complete, or current. The material on the Products are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Products are at your own risk. No information obtained by you from the Products shall create any warranty not expressly stated by us in these Terms and Conditions.

The Products may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Products at any time, but we have no obligation to update any information on our Products. You agree that it is your responsibility to routinely monitor changes to our Products.

Moreover, you are responsible for updating to the latest version of the Products in the course of your access and use of the Products, whether or not prompted or reminded by us, to ensure the normal functioning of the Products and related services. It is recommended that you update to the latest version of the Products as soon as possible, and you agree that any consequences arising from the continued use of an old or discontinued version of the Products will be borne by you.

Intellectual Property

Other than the Content uploaded by individual Content Providers and User Content (defined below) on the Products, we own all rights, title, and interest in and to the Products, Content and Service, the “look and feel” of the Website and Application, including all software, ideas, processes, data, text, media, domain names, trade secrets, trademarks, logos, copyrights and all other intellectual property rights (“EDA-Asia Content”). The Products are protected under Hong Kong and applicable international laws. You may not duplicate, copy, or reuse any portion of EDA-Asia Content without our prior written consent.

Licence to Content

The Products allow us and individual Content Providers to upload, submit, store, send, transmit content and data, including but not limited to online course videos, course materials, promotional materials (collectively, “Content”). You acknowledge and agree that Content may be provided under licence by us or independent Content Providers, and that we and the independent Content Providers have rights in their respective Content under copyright and other applicable laws. You accept full responsibility and liability for your use of any Content in violation of any such rights.

Upon your subscription on the Products to our Service, and subject to your full payment of applicable fees (if any), we and/or the Content Provider (as the case may be) will grant you limited rights to a non-exclusive, royalty-free, worldwide, revocable licence to view, use and download the Content, solely through the Products or as otherwise permitted as part of the Service, and solely for your personal non-commercial use. The licenses granted by us or independent Content Providers shall terminate without notice if you do not comply with these Terms and Conditions, and we may immediately revoke your access to the Service and to Content without any refund of any fees.

Use of the Content or our Service for any purposes that is not contemplated under these Terms and Conditions is a violation of our and/or the Content Provider’s proprietary rights. You acknowledge that we and Content Providers have rights in our respective Content under applicable laws, and reserve all rights over the Content not expressly granted in this license to you.

Under the license granted to you and subject to the Terms and Conditions herein, you may:

(i) use the Content for non-commercial personal purposes only;

(ii) (in respect of training organizations and associations or other business entities, if any Content is specifically made available for redistribution) redistribute the Content within your organization;

(iii) use the Content for the number of permitted users as stated in the relevant sales quotation/contract of the Content;

(iv) (in respect of downloadable Content) download and access the Content through the Products or other permitted means; and

(v) print the Content for your personal and non-commercial use.

In your use of any Content, you must not:

(i) republish any Content or any derived work from the Content in any form whatever without our written authorization;

(ii) sell, rent, assign, transfer or sub-license any Content or any derived work from the Content to a third party without our authorization;

(iii) reproduce, duplicate, copy or otherwise exploit any Content or any derived work from the Content for commercial purpose that could prevent or limit future visits, use or downloads from the Products;

(iv) use the Content in a manner that suggests an association or endorsement by us, the Content Provider, or the Products;

(v) use the Content for any machine learning or artificial intelligence purposes, or for any technologies designed or intended for the identification of natural persons; or

(vi) use the Content in a way that might be considered defamatory, libellous, obscene, immoral or illegal, including, without limitation, using it in a way that places any person appearing in the Content in a negative light or depicts them in a way that they may find offensive.

Notwithstanding the generality of the foregoing, you acknowledge and agree that certain Content may be made available for download as part of the Service to your own device or on the Products on a streaming-basis (and as specified to you as such), from the launch of the relevant Content on the Products (i.e., the time that the Content is made available to you on the Products for access and subscription) and your full payment of applicable fees (if any), until the earlier of, the expiry of your subscription or the removal of the Content from the Products by us (the “Download Period”). Content may be downloaded subject to the following additional terms and conditions:

Content downloaded to your own device

All Content downloaded during the Download Period will be for your perpetual use through your own device, whether online or offline, solely for personal and non-commercial use. We will not be able to and does not monitor the use of such downloaded content after download to your device. For the avoidance of doubt, we have no control over and does not control any Content that has been downloaded by you to your own device for perpetual use. You agree that in the event of your violation of any terms of this Agreement and the termination of licenses granted by us or independent Content Providers, you must delete all copies of Content that you have downloaded to your own device, and any costs or expenses incurred from carrying out the deletion of downloaded Content will be solely borne by you.

Content downloaded on a streaming-basis

All Content downloaded during the Download Period will be remain accessible through your Account, whether online or offline, solely for personal and non-commercial use only from the date of download until the earlier of, (i) the expiry of your subscription to the Service, (ii) when EDA-Asia removes such Content from the Products, or (iii) when the Content becomes unavailable due to Content Provider licensing restrictions. For the avoidance of doubt, we will not be liable to you if downloaded Content becomes unavailable for further download or streaming. If you cancel your Account, the Content is removed from the Products or the licenses granted by us or the independent Content Providers have otherwise terminated before the expiry of your subscription, the downloads on your Account will be deleted. Downloaded Content will expire after 36 months, after which, they will automatically be removed from your Account.

You hereby acknowledge and agree that we merely serve as a facilitator and platform and software provider for Content Providers to offer Content to you. The view and opinions expressed in any Content or any other content (including User Content (as defined below)) displayed on the Products do not necessarily reflect those of us. In particular, nothing on the Products shall be construed as legal, tax, investment, financial or other professional advice. Our hosting of Content and User Content on the Products do not imply any endorsement, sponsorship or recommendation by us of any third party, nor does any information on the Products constitute a comprehensive, complete or accurate statement of the matters discussed or the law relating thereto. Reference to any products, services, process or any service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favouring by us. You assume sole responsibility of evaluating the merits and risks associated with the use of any information provided by us or from the Content or User Content.

User Content

Some areas of the Service may allow you to upload and submit content provided by you in the permitted formats and technical requirements to the Products (“User Content”), subject to these Terms and Conditions (as may be amended from time to time) and/or supplementary terms and conditions which may be communicated to you prior to your submission of content. The ownership of any User Content that is uploaded, submitted or otherwise made available on the Products is retained by you and you understand that you are solely responsible for all such User Content, including the intellectual property rights of third parties that may be incorporated therein. We do not give any warranties on the intellectual property rights of User Content and are not responsible for any information or content contained within the User Content. We also do not make any representation for any purposes or audiences of the User Content or about the User Content’s legitimacy, legality, validity, accuracy, correctness, reliability, quality, stability, or completeness.

By uploading User Content on the Products, you agree to be bound by the following rules:

(i) User Content must be relevant, and must comply with Terms and Conditions, which include our Acceptable Use Policy as stipulated below, and any supplementary terms and conditions related to the submission of User Content (where applicable);

(ii) User Content must comply with the conditions and technical requirements established from time to time by us;

(iii) You must be the owner of the intellectual property rights for the User Content, either by being the author, the original owner, or by owning the relevant rights; and

(iv) The User Content must not infringe on the rights of third parties, including but not limited to their intellectual property rights or privacy rights.

Further, by uploading any User Content on the publicly accessible areas of the Products, you grant us a non-exclusive, royalty-free, unlimited, universal, sublicensable, perpetual, and irrevocable licence in any and all manner and media, whether now known or hereinafter invented or devised (including but not limited to social media channels, and third party products and platforms), to access, use, download, publicly perform, publicly display, reproduce, modify, adapt, distribute, import, develop, create derivative works of, translate, and otherwise exploit the User Content on the Products and other channel(s) for the purpose of advertising, marketing and promoting our Products and Services, and training our technology (including but not limited to our AI technology, algorithms, and learning models which are used or integrated within the Products).

For the avoidance of doubt, we only host User Content and do not edit, screen, verify, monitor, guarantee, approve or endorse such content, and we assume no responsibility or liability for any User Content that is submitted through or using the Service on the Products.

Notwithstanding the fact that we are not obliged to monitor User Content, we reserve the right to modify or remove any User Content from the Products (in whole or in part) at any time if we are of the opinion that such content violates these Terms and Conditions, including our Acceptable Use Policy below, may be deemed offensive, illegal or in violation of the rights of any third party. That said, you acknowledge and agree that the exercise of our right to modify or remove any User Content from the Products does not create any obligation or liability for us, and does not exempt you from any obligation or liability over the same.

Acceptable Use Policy

Your conduct on the Products shall comply with our acceptable use policy set forth below. We may (but are not obligated to) monitor and review your Account, content, and conduct when you use our Products. We shall have the right to suspend your access to the Product if we find any of your content or conduct on the Products to be in violation of these Terms and Conditions (including this Acceptable Use Policy) or the applicable laws, and you shall be responsible for any consequences arising as a result of the same.

You hereby agree not to:

(a) copy, modify, alter, adapt, translate, reverse engineer, disassemble, decompile, create derivative works from, or distribute any content from our Service;

(b) alter, remove, tamper, copy, display or use our trademarks and all other intellectual property owned by us for any purpose not explicitly authorized in these Terms and Conditions;

(c) use our products or Services for any revenue-generating endeavours not authorized by us; or other activities that are beyond the scope of any agreements entered into between us and you;

(d) submit, share, post, communicate or otherwise take any actions that incites or encourages actions that is, explicit or implicitly illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity);

(e) engage in spidering or harvesting or participate in the use of software, including spyware, designed to collect data from our Products, including from any user of our Products;

(f) transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use and security of computers or related systems;

(g) stalk, harass, threaten or harm any third party;

(h) impersonate any third party;

(i) participate in any fraudulent or illegal activity, including but not limited to phishing, money laundering, or fraud;

(j) access our Products to obtain information to build a similar or competitive website, application or otherwise;

(k) use the Products for any illegal or unauthorized purpose, or purposes that violates any applicable laws (including but not limited to, copyright and privacy laws) or rights of other third parties;

(l) set up links to the Products using any HTML techniques that display the Products within a frame, partial window, pop-up, pop-under, or any other non-standard linking methods, or redistribute any content from the Products unless expressly authorized by us; or

(m) advocate, encourage or assist any third party in doing any of the foregoing.

Furthermore, your use of and conduct relating to our Products and Service shall not:

(a) infringe any patent, trademark, trade secret, copyright or other intellectual property right of another person or entity;

(b) violate any contractual or fiduciary agreements with any other third parties;

(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

(d) is sexually explicit or promotes a sexual service;

(e) is defamatory;

(f) contain hateful or discriminatory speech;

(g) promote or support any terror or hate groups;

(h) contain instructions on how to assemble explosive devices or improvised firearms;

(i) exploit or endanger minors;

(j) depict or encourage self-harm or suicide;

(k) depict any acts of violence, including but not limited to animal cruelty and torture;

(l) promote fraudulent or dubious money-making schemes, propose any unlawful transaction or use of deceptive marketing practices;

(m) contain any false or misleading information; or

(n) violate any applicable laws.

Official Service

We have designed the Service only as offered by us on the Products. You agree to use the Service only as offered by us on the Products, and not through any other means. You further agree not to create or provide any other means through which the Service may be accessed or used by others. You acknowledge that you do not have the right to create, publish, distribute, create derivative works from or use any of the software programs, utilities, applications, emulators or tools derived from or created for the Service, unless and except as expressly permitted by this Agreement.

Payment

Subscription Fee. You acknowledge and agree that we shall charge a fee for the enrolment of for any Content (unless it is expressly stated as a free course). In our sole opinion, the fees and payment methods may be varied from time to time with prior notice to you. All fees payable to us shall be paid immediately in accordance with the payment terms as agreed between us and you.

All payment made to us are in the currencies as indicated by us are non-refundable. We shall not be responsible for any contributions, payments, taxes or payment to any third party. All such costs shall be solely borne by you.

We are not responsible for any other fees or costs you paid or may have to pay in order to use the Products or the Service, including but not limited to, fees to access the Internet, fees charged by a location such as a cyber café, arcade, or other location, or costs of computer hardware or software.

For the avoidance of doubt, you acknowledge and agree that, where applicable, the Content is licensed and not sold to you in accordance with the “License to Content” provisions hereinabove.

Third Party Content and Interactions

The Products may contain certain features and functionalities that link to or provide you with access to third party content, that is completely not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please exercise your own independent judgment before proceeding with any contact or interaction, in connection with the Products or otherwise.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party website. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

User Comments, Feedback And Other Submissions

If at our request, you send certain specific submissions or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove Comments or part of the Comments that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You agree that your Comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your Comments will not contain libellous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

Personal Data Protection

Your submission of personal data through the Products is governed by our Privacy Policy, which can be accessed via https://h5-cdn.edacn.101.com/agreementOversea/en-US/privacy_policy.html.

We are committed to protecting the intellectual property of the rightful owners. If you believe that your material has been copied in a way that constitutes copyright infringement, please send the following information via email to edmodoacademy@101.com:

(a) your name, address, and telephone number;

(b) description of the work that you claim is being infringed;

(c) description of the material that you claim is infringing and are requesting be removed along with the link to such material;

(d) a statement that you have “a good faith belief that the use of the material is in the manner complained of is not authorized by the copyright owner, its agent, or the law”;

(e) an electronic signature of the copyright owner (or an authorized person to act for the copyright owner); and

(f) a statement by you that the information you are providing is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.

We have the right not to process your request if you do not comply with these requirements.

Complaints and Disputes Handling

If you believe that any of the Content or any other content as posted on the Products are in violation of your proprietary rights or is otherwise violating the Acceptable Use Policy, please report to us via edmodoacademy@101.com. EDA-Asia shall acknowledge receipt of your complaint within 5 business days and shall look into the complaint accordingly. Upon acknowledgement of your complaint regarding any account or Content, we may remove or temporarily suspend access to the particular Content or terminate the subject account on the Products pending a determination by us. We have the final determination in all complaints.

Interruption of Service or Products

We reserve the right to interrupt the Service and/or Products from time to time on a regularly scheduled basis or otherwise with or without prior notice in order to perform maintenance. You acknowledge and agree that the Service and/or Products may be interrupted for reasons beyond the control of us, and we cannot guarantee that you will be able to access the Service, Products and/or your Account whenever you may wish to do so. We shall not be liable for any interruption of the Service and/or the Products, delay or failure to perform resulting from any causes beyond its reasonable control. We shall not be obligated to refund any and all portions of any Subscription Fee (if any) by reason of any interruption of the Service and/or the Products and by reason of any of the circumstances described in this provision.

Disclaimer Of Warranties; Limitation Of Liability

We do not guarantee, represent, or warrant that your use of our Products will be uninterrupted, timely, secure, or error-free. We do not warrant that the information and content provided on the Products will be accurate or reliable. You agree that from time to time we may remove the Products or Content for indefinite periods of time or cancel any of our Services offered at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Products is at your sole risk. The Products or services delivered to you through the Products are (except as expressly stated by us) provided on an ‘as is’ and ‘as available’ basis for your use, without any representation, warranties or conditions of any kind, written or oral, either express or implied to the extent permitted by law, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

You acknowledge and agree that we shall, to the extent permitted by law, have no liability for any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury, property damage, or other harm resulting from your access to or use of our Products; (iii) any unauthorised access to or use of our servers, any personal information, or user data; (iv) any interruption of transmission to or from our Products; (v) any bugs, viruses, trojan horses, or the like that may be transmitted on or through our Products; or (vi) any damages, losses, costs, expenses, or liabilities of any kind incurred as a result of any content or the use of any content posted or shared through our Products.

To the fullest extent permitted by applicable laws, you acknowledge and agree that in no event will we be liable to you or to any third party for any direct, indirect, special, incidental, punitive, or consequential damages (including for loss of profits, revenue, or data) or for the cost of obtaining substitute products, arising out of or in connection with these Terms and Conditions, however caused, whether such liability arises from any claim based upon contract, warranty, tort (including negligence), strict liability or otherwise, and whether or not we have been advised of the possibility of such damages.

Indemnification

You agree to indemnify, defend and hold harmless us and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Protection of Minors

If you are under the minimum legal age for consenting to personal data collection in your jurisdiction (“Minor”) and still wish to use the Products and Service, you may do so only under the supervision of, and under the Account registered in the name of, your parent(s) or guardian(s) in accordance with these Terms and Conditions. Our Products and Service are designed with the safety and privacy of Minors in mind. By using our Products and Service, you agree to the following:

(a) Age-Appropriate Content: We strive to ensure that Content is suitable for users of all ages. However, parental guidance is recommended for Minors.

(b) Data Protection: Any information collected relating to Minors will be used in compliance with applicable data protection laws.

(c) Reporting Concerns: If you encounter Content or conduct on the Products that you believe is inappropriate for Minors, please report it to us immediately.

Severability

In the event that any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date (including but not limited to all payment obligations) and all remedies for breach of these Terms and Conditions shall survive the termination of these Terms and Conditions for all purposes. Further, all provisions of these Terms and Conditions that by their nature are intended to survive termination will survive.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Service, when you delete your Account, or when you cease using our Products. Your request to voluntarily terminate these Terms and Conditions under the aforementioned circumstances will additionally be subject to our Cancellation Agreement which will be provided to you at the relevant time.

We may also terminate these Terms and Conditions at any time without notice if in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms and Conditions.

You agree that if these Terms and Conditions are terminated for any reason, with or without notice, you will lose access to your Account and the Services (or any part thereof), you will not be entitled to any reimbursement or refund of any fees paid for the purchase of Content or any unused subscription time and you will remain liable for all amounts due up to and including the date of termination.

For the avoidance of doubt, if we terminate these Terms and Conditions due to your breach of the same or any suspected fraudulent, abusive or illegal activity, then termination of these Terms and Conditions will be in addition to any remedies we may have at law or in equity.

Equitable Remedies

You hereby agree that we would suffer irreparable damages if the terms of these Terms and Conditions were not specifically enforced, and you therefore agree, that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to any breaches of these Terms and Conditions, in addition to such other remedies as we may otherwise have available to it under applicable laws.

Waiver

The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms and Conditions and any policies or operating rules posted by us on the Products or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms and Conditions).

Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.

Governing Law

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Hong Kong SAR. Any dispute or claim arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of Hong Kong SAR.

Changes To Terms and Conditions

You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our Products from time to time. Any changes to the Terms and Conditions will apply to orders placed or Services used on or after the effective date stated in these Terms and Conditions. It is your responsibility to check this page periodically for changes. Your continued use of our Service or access to the Products following the posting of any changes constitutes acceptance of those changes.

Contact Information

Questions about the Terms and Conditions should be sent to us at edmodoacademy@101.com.

[Note: acceptance of the terms can be done via an online check box or by way of physical signature]

I CERTIFY THAT I HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS OF THESE TERMS AND CONDITIONS.

Addendum for users in Indonesia

The following “Payment” section in these Terms and Conditions shall be replaced in its entirety with the following:

Payment

All payments made to us are in the currencies as indicated by us.

You have a legal right to cancel and refund your purchase of any subscription for Content within 7 days from the date of transaction (“Cancellation Period”), provided that the subscription of the Content is defective or otherwise not received as requested. To exercise your right of cancellation and refund of the subscription for Content, you must provide your notice to us via our customer service email address at edmodoacademy@101.com with a clear statement setting out your intention to cancel and refund the subscription for Content, with details of your name, Account, and where applicable, your telephone number and email address linked to your Account within the Cancellation Period. Your purchase of subscription for Content will be deemed cancelled if you have sent your notice to cancel/refund before the expiry of the Cancellation Period. Upon the cancellation of your purchase of the subscription for Content, we will promptly remove the relevant subscription for Content from your Account and will refund you within 7 days from the date that we received your notice of cancellation. Such refunds shall be made through the same means of payment that you used in the original transaction.

We shall not be responsible for any contributions, payments, taxes or payment to any third party. All such costs shall be solely borne by you. For the avoidance of doubt, we are not responsible for any other fees or costs you paid or may have to pay in order to use the Products or the Service, including but not limited to, fees to access the Internet, fees charged by a location such as a cyber café, arcade, or other location, or costs of computer hardware or software.

For the avoidance of doubt, you acknowledge and agree that, where applicable, the Content is licensed and not sold to you in accordance with the “License to Content” provisions hereinabove.

Addendum for users in Malaysia

The following “Payment” section in these Terms and Conditions shall be replaced in its entirety with the following:

Payment

All payments made to us are in the currencies as indicated by us.

You have a legal right to cancel and refund your purchase of any subscription for Content within 14 days from the date of which you or an authorized third party designated by you has taken possession of the subscription of the Content (“Cancellation Period”), provided that the subscription of the Content had a misleading trade description, was of poor quality, or unfit for its stated purpose. To exercise your right of cancellation and refund of the subscription for Content, you must provide your notice to us via our customer service email address at edmodoacademy@101.com with a clear statement setting out your intention to cancel and refund the subscription for Content, with details of your name, Account, and where applicable, your telephone number and email address linked to your Account within the Cancellation Period. Your purchase of subscription for Content will be deemed cancelled if you have sent your notice to cancel/refund before the expiry of the Cancellation Period. Upon the cancellation of your purchase of the subscription for Content, we will promptly remove the relevant subscription for Content from your Account and will refund you within 14 days from the date that we received your notice of cancellation. Such refunds shall be made through the same means of payment that you used in the original transaction.

For the avoidance of doubt, you acknowledge and agree that, where applicable, the Content is licensed and not sold to you in accordance with the “License to Content” provisions hereinabove.

Addendum for users in Saudi Arabia

The following “Payment” section in these Terms and Conditions shall be replaced in its entirety with the following:

Payment

All payments made to us are in the currencies as indicated by us.

You have a legal right to cancel and refund your purchase of any subscription for Content within 7 days from the date of delivery of the subscription of Content or from the date of transaction, whichever the later (“Cancellation Period”), provided that the subscription of the Content has not been activated or used in any way and was not delivered in accordance with the agreed specifications. Where no date of delivery has been specified, you also have the right to cancel your subscription order and have the same refunded to you if we delay delivery or execution for more than 15 days from the date of transaction. This right to cancel and refund cannot be exercised if the Content to which the subscription pertains to was custom-made or otherwise created especially for you. To exercise your right of cancellation and refund of the subscription for Content, you must provide your notice to us via our customer service email address at edmodoacademy@101.com with a clear statement setting out your intention to cancel and refund the subscription for Content, with details of your name, Account, and where applicable, your telephone number and email address linked to your Account within the Cancellation Period. Your purchase of subscription for Content will be deemed cancelled if you have sent your notice to cancel/refund before the expiry of the Cancellation Period. Upon the cancellation of your purchase of the subscription for Content, we will promptly remove the relevant subscription for Content from your Account and will refund you within 7 days from the date that we received your notice of cancellation. Such refunds shall be made through the same means of payment that you used in the original transaction.

For the avoidance of doubt, you acknowledge and agree that, where applicable, the Content is licensed and not sold to you in accordance with the “License to Content” provisions hereinabove.

Addendum for users in Russia

The following “Payment” section in these Terms and Conditions shall be replaced in its entirety with the following:

Payment

All payments made to us are in the currencies as indicated by us.

You have a legal right to cancel and refund your purchase of any subscription for Content within 14 days from the you receive your subscription of Content (“Cancellation Period”), without providing any reason. To exercise your right of cancellation and refund of the subscription for Content, you must provide your notice to us via our customer service email address at edmodoacademy@101.com with a clear statement setting out your intention to cancel and refund the subscription for Content, with details of your name, Account, and where applicable, your telephone number and email address linked to your Account within the Cancellation Period. Your purchase of subscription for Content will be deemed cancelled if you have sent your notice to cancel/refund before the expiry of the Cancellation Period. Upon the cancellation of your purchase of the subscription for Content, we will promptly remove the relevant subscription for Content from your Account and will refund you within 14 days from the date that we received your notice of cancellation. Such refunds shall be made through the same means of payment that you used in the original transaction.

For the avoidance of doubt, you acknowledge and agree that, where applicable, the Content is licensed and not sold to you in accordance with the “License to Content” provisions hereinabove.