Terms and Conditions
Last updated August 27, 2019
“Coding Galaxy”, an educational learning platform, that in its full form with all supplementary parts and / or “Services” include: i. a digital application, ii. web portal and iii. physical or printed teaching materials, is owned and operated by “Tangor Technology Limited” (the “Company” or “We” or “Us” or “Our”). These Terms are the binding legal Agreement (the “Terms”) governing all users (“You” or “Your”) of the websites (the “Sites”), applications (“Apps”) and products and Services that link to these Terms (the “Services”). In addition to these Terms, Your Agreement with us includes the specific Policies and additional Terms (the “Agreement”) that apply to any Services You use within Coding Galaxy. As a user, if You do not agree to all of these Terms, please do not use the Services.
By registering your account(s), purchasing subscription(s), or accessing and using any of the services, you are agreeing to be bound by these terms, and any additional contractual agreements for Business to Business (B2B) solutions, if applicable.
It is stressed that should any Personal Information from Child users under 13 be given to us without parental, legal guardian or authorized educational representative consent from a person of at least 18 years of age (“Adult User” or “Adult”), we are to be notified directly for our attention by emailing our Data Protection Officer (“DPO”): email@example.com at the earliest time for us to delete such data, regardless whether it has been given by the child user under 13 or by any other party. In all circumstances, we require to obtain clear and verifiable adult consent before receiving Personal Information from children under 13 (“Child User” or “Child”). In the event of learning that any Personal Information is provided or collected from child users under 13 without adult consent obtained, we will delete the data as soon as possible without delay.
Accepting the Terms
If you are a Child under the age of 13, you must have an adult user set up your account by giving consent of your participation and agree to these Terms for you. Parents, legal guardians and authorized school officials must affirm that they are fully able and competent to enter into the Terms and agree to these Terms.
You understand that all information publicly posted or privately transmitted through the Services, whereby applicable, is the sole responsibility of the person or users from which such content originated from and that the Company will not be liable for any harassments, errors or omissions in any content. You understand that the Company cannot guarantee the identity of any other users with whom you may interact with in the course of using the Services.
You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services immediately and we shall not be liable to you or to any third party for any termination of your access to the Service.
We are constantly developing the Services. This means that we may reasonably change or discontinue any aspect of the Services without notice or liability to you. In addition, we may change all or part of the Agreement at any time, including these Terms. We will post any changes to these Terms on the Site.
Each account for child users must be set up by a designated parent, legal guardian or authorized school official of at least 18 years of age. The adult acting on behalf of child users or themselves as the adult user is at all times responsible for payments and all use on the account, including to protect the confidentiality of account information and passwords. Please notify us if you have lost control of your user name or password or you suspect there is unauthorized activity in the account.
Your continued use of the services will constitute acceptance of the changed terms.
We may change the amount of fees, if applicable, at any time or at the end of your subscription period, provided that, we will first notify you by email, posting on Our website or notifying you via an in-app notification. Please note that we do not provide price protection or refunds for individual users and subscribers, or Business to Business (B2B) clients.
Purchases Through Website or App Store
- Delivery of any physical element(s) or part(s) relating to the Service or Coding Galaxy, if applicable, that should require a designated place of delivery requiring shipping fees or courier fees shall be paid solely by the user, of which will be charged at the time of purchase via an online payment method offered via Our Website.
- International shipping orders that may involve customs, tax, import duties or other charges are at the sole responsibility of the user. It is advised that users check with the local customs office to verify whether the country receiving shipped goods permit the shipment of the physical element(s) or part(s) relating to the Service or Coding Galaxy and whether there are any customs restrictions.
- Despite Our full efforts of ensuring the pricing of Our Service or Coding Galaxy to be listed at the correct price displayed via Our website, any mispricing shall be notified to users before shipping or dispatch to confirm continuation of purchase and we reserve the right to charge the correct price.
- We are not related to or affiliated with Apple, Inc., Google, Inc. or other app stores and do not offer refunds or partial refunds for discontinuation of Service or physical elements of parts relating to the Service or Coding Galaxy directly purchased from the aforementioned portals. Any purchase of the Service or Coding Galaxy made via the aforementioned portals involving refunds or returns are between the user and the original seller that you have made the purchase from. In addition, we do not offer refunds or partial refunds for discontinuation of Service or purchasing physical elements or parts relating to the Service or Coding Galaxy that users shop from other online sites not managed by us.
- Physical elements or parts relating to the Service or Coding Galaxy purchased directly from Our Site are non-refundable and non-returnable after payment.
- All purchases made via Our website requiring shipping shall be shipped using a method that is traceable to protect your shipment(s).
Cancellation and Purchases
The cancellation procedures will be set forth on the platform where you purchase or set up your account.
If you purchase a subscription through a bundle subscription partner, such as an educational institute or approved reseller, you may cancel according to the process outlined by the party.
For cancellations of Service or subscription, it is the user’s responsibility to cancel any periodical subscription before it renews in order to avoid billing of the next renewal subscription fee with the primary original service provider you purchased Coding Galaxy from, which will be either us, an educational institute or approved reseller. Refunds cannot be claimed for any partial subscription period or once the next subscription period is charged. In all circumstances, you should contact the original service provider for your purchase of Coding Galaxy and/or its products for any cancellation or renewal issues.
Things Not to Do:
- Give false or misleading information to us or anyone else in connection with your use of the Service, including giving false information in an account registration.
- While using the Service to upload, post, process, reproduce, distribute or otherwise transfer any content that is illegal, defamatory, pornographic, fraudulent, harassing, inappropriate, offensive, or otherwise objectionable.
- Access or scrape the Site by any automated means unless you are a search engine crawling the Site for the sole purpose of creating a publicly accessible search index; or bypass any technical protections or throttling that we institute.
- Copy, modify, create derivative works from, or distribute any content from Our Services; or copy, display or use the trademarks in any way; or use the Services for any purpose not explicitly authorized in the Agreement.
- Use the Services for any revenue generating endeavor, commercial enterprise; or other purpose other than for personal, non-commercial use, usage in an educational institute or contracted educational use with us.
- Use the Service for any illegal or unauthorized purpose, nor violate any applicable laws (including, but not limited to, copyright and privacy laws).
- Link to the Site using any HTML techniques that display the Site within a frame, partial window, pop-up, pop-under, or any other non-standard linking method, or redistribute content from the Site except as expressly authorized by the Company.
- Submit Personal Information relating to any children under 13 to us (i) without request by us and / or (ii) without the Child’s parental, legal guardian or authorized school official consent (an adult).
- Submit Personal Information relating to children under 13 at absolutely no circumstances whatsoever to any public platforms of Our Services whether with or without the Child’s parental, legal guardian or authorized school official consent (an adult).
- Anything we ask you not to do.
User Generated Content
- For all content created by users, user Generated Creations (“UGC”), we reserve the right to remove any UGC temporarily or permanently if we are notified by a user, player, parent, legal guardian or third party, or if we otherwise become aware that any such content or any part of it breaches any of the Terms or otherwise violates Our policies including due to any of the following:
- It breaches the intellectual property rights or any other rights of Ours or any third party;
- It breaches any applicable law;
- It contains any virus, malware, trojan horse, worm time bomb, or other harmful software or may have an adverse impact on us;
- It contains content that is illegal, defamatory, pornographic, fraudulent, harassing, inappropriate, offensive; or otherwise objectionable.
- While we do not accept any obligation to constantly monitor, screen, review, flag, filter, moderate or remove any UGC, we reserve the right to review and monitor as necessary.
- The Company may use, modify, reproduce, display, perform, distribute or create derivative works of a UGC submission provided that the Company must provide attribution to the original user or author(s).
- Regarding to publicity and marketing rights, this allows us to provide a license, if and when the occasion may arise, to a TV show, movie, book, annual, encyclopedia or anthology, website, social media, online or print magazine or newspaper, or other commercial, non-commercial or educational purpose to use your UGC anonymously without revealing any Personally Identifiable Information (information that can identify an individual, such as an address, demographic information, date of birth, gender, geographic area and / or preferences that when such information is linked to other Personal Information that clearly identifies an individual) in ways that we think will help publicize or market the Services, any part of the Services, any other UGC on the Services and / or tangible items of the Services. The Company shall not be obligated to provide to you any compensation, attribution, or other payments for any reasons, including for exploitation of the license, whether in relation to the Service or otherwise, nor are we obligated to exploit this license.
If you have any concerns that UGC breaches any of these requirements, or other basis by which you want us to takedown content, then please contact Our DPO at: firstname.lastname@example.org.
Limited License to Use the Service – Company Rights:
Subject to your compliance with these Terms, we hereby grant you permission to use the Services solely for your personal, non-commercial use, and in case of educational institutes and schools, solely for educational use (i.e. teachers may use the Services for educating their students only without reselling to external students). Company retains all rights, title and interest in the Services, including all technology and processes, enhancements or modifications thereto, trademarks, Service marks, Site design, text, video, graphics, logos, images and icons, as well as the arrangement thereof.
You acknowledge that the Services contain proprietary content, information and material protected by applicable intellectual property and other laws, including but not limited to copyright laws. Except for rights expressly granted in the Agreement, nothing in the Agreement grants you any right, title or license. Except as otherwise required or limited by applicable law; any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited.
Third Party Trademarks and Content
Use of any third party trademarks or third party content on or in connection with the Services does not constitute affiliation with or endorsement of these third parties. Nothing in the Agreement grants you any license to third party trademarks or content, which shall remain the property of their respective owners.
Interaction with Third Parties
The Services may contain links to third party websites or services (“Third Party Services”) that are not owned or controlled by the Company, or the Services may be accessible by logging in through a Third Party Service. When you access Third Party Services, if applicable, you do so at your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. you hereby represent and warrant that you have read and agree to be bound by all applicable policies of any Third Party Services relating to your use of the Services and that you will act in accordance with those policies in addition to your obligations under this Agreement. The Company has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, the Company will not and cannot monitor, verify, censor or edit the content of any Third Party Service. By using the Services, you expressly relieve and hold harmless the Company from any and all liability arising from your use of any Third Party Service.
Indemnity, Disclaimers and Limits on Liability
Company provides the services “as is” and without any warranty or condition, express, implied, or statutory. The company specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, accuracy of informational content, and non-infringement. you assume total responsibility and risk for your use of the services. The company makes no warranty that the services will meet your requirements or will be uninterrupted, timely, secure, or error free, nor does the company make any warranty as to the accuracy or reliability of any information obtained through the services or that any defects will be corrected. No advice or information, whether oral or written, obtained by you from company shall create any warranty not expressly made herein. This disclaimer is made to the fullest extent permitted by law.
In no event whatsoever shall the company, its affiliates, or suppliers or their respective officers, employees, shareholders, agents, or representatives be liable for any indirect, consequential, incidental, special, punitive or exemplary damages, or for any loss of profits or revenue, including but not limited to loss of sales, profit, revenue, goodwill, or downtime, (arising under tort, contract, or other law) regardless of such party’s negligence or whether such party knew or should have known of the possibility of such damages. You understand and agree that the download of any materials in connection with services is done at your discretion and risk and that you will be solely responsible for any loss or damage to your computer system or loss of data that may result from the download or upload of any material. You will indemnify and hold the company, its affiliates, or suppliers or their respective officers, employees, shareholders, agents, or representatives harmless.
The company neither assumes, nor does it authorize any other person to assume on its behalf, any other liability in connection with the provision of the services. Company’s liability hereunder is limited to the fullest extent permitted by law.
You will indemnify, defend the Company, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to the Services and any failure to comply with this Agreement. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with the defense of such claim.
We do not want to receive information that is confidential or proprietary. If you send us feedback, suggestions, content or ideas of any kind, including potential improvements to the Services, we may use such suggestions, content and / or ideas for any or all purposes, with no compensation or attribution to you.
This Agreement will not be construed against either party as the drafter.
You are responsible for being informed about and complying with all laws, rules and regulations that apply to your use of the Services.
Your registration and use of the Services constitutes consent to receiving important electronic communications from us. You agree that any such communications from us satisfies any legal requirements, such as that notice be provided to you in writing via email or post, if applicable. You also consent to receiving promotional messages, offers, surveys, and requests electronically. If you no longer want to receive non-transactional communications, you may unsubscribe or terminate your account from Our Service at any time.
As stated above, the Agreement includes these Terms and any additional Terms you enter into with the Company. The Agreement is the entire Agreement between you and the Company and it replaces any other Agreement between us on this subject. Aside from the right of the Company to make changes, any amendments to the Agreement must be in written format signed by both parties. You cannot assign the Agreement without the written Agreement. We can assign the Agreement to any entity that agrees to be bound by the Terms of the Agreement.
The Agreement is governed by Hong Kong Special Administrative Region of the People’s Republic of China (HKSAR) law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Services shall be the courts of HKSAR.
If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement. A delay or failure to require performance of any provision will not constitute a waiver of any rights and will not impede the ability to enforce that provision later.