TERMS OF SERVICE
Last Updated 5thof May, 2019
PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY USING THE EDUCAR SERVICE, YOU AGREE TO BE BOUND BY THE (1) EDUCAR TERMS OF SERVICE AND (2) EDUCAR PRIVACY AND DATA PROTECTION POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE EDUCAR SERVICE. THE HEADINGS CONTAINED IN THIS TERMS ARE FOR REFERENCE PURPOSES ONLY. YOU SHOULD PRINT A COPY OF THIS TERMS FOR YOUR RECORDS.
1. What are you agreeing to?
1.1. The Parties to this Agreement.
These Terms of Service describe a contractual relationship ("Agreement") between you ("you", "your", "user") and "EDUCAR"LLC, a company registered at Ukraine, Kyiv, Heroiv Dnipra Street, house 7, ap. 65, 04209 (including its subsidiaries, affiliates, agents, and assigns) ("Educar", "we", "us", "our"), regarding your use of the JTCapplication (hereinafter - "APP")or your use of any service(s) offered through the APP, including, but not limited to an access to your APP account information and service offered through it (collectively, the "Educar Service(s)" or "Service(s)").
1.2. Changes to this Agreement.
Educar may unilaterally decide to change this Agreement from time to time, provided, however, that such changes will not impose additional obligations on you with respect to actions you took before the change became effective unless you specifically agree to such changes (for example, by confirming a payment transaction). Additionally, YOU AGREE TO ACCEPT ANY CHANGES TO THIS AGREEMENT BY USING THE EDUCAR SERVICES AFTER CHANGES HAVE BEEN POSTED. If Educar makes any changes to this Agreement that it deems to be material, Educar will make a reasonable effort to inform you of such changes, but it is your responsibility to review the Agreement posted in the APP from time to time to see if it has been changed.
1.3. Your Eligibility.
To be eligible to use the Services, you must be at least 16 years old. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You may not authorize others to use your APP account, and you may not assign or otherwise transfer your Educar account to any other person or entity.
2. How Educar will serve you.
2.1. Services and Fees.
To use of the Educar Services, you're required to download the APP either through App Store JTCor Google Play JTC, and to register an account at the APP (hereinafter – "APP account").
Via APP account you will have an access to the following Educar Services:
Also, after registering the APP account:
- Chinese lessons;
- The pronounce practice of Chinese words and sounds;
- Word memorization games;
Educar provides above mentioned Services on the subscription terms.
Educar offers different subscription types depending on the duration of the Services use. Detailed information about subscription types you may find in the corresponding APP section.
Terms of different subscription types are the same for all users of the APP.
You can choose an appropriate subscription fee type only after registering the APP account.
We may change our subscription fee schedule at any time and the new fee schedule shall be enforced immediately upon publication of the same in the APP or upon notice to you via email. No fees shall be refunded and all sales are final.
- Your learning progress achievements will be displayed in the APP;
- You will have an access to your learning process statistical information;
- You will be able to contact support.
2.2. APP account registration.
APP account registration should be made directly in the APP.
You may register you APP account via your Facebook account, Google account or by entering your email address.
2.3. Collecting Information about You.
Our collection and use of your personal data in connection with your use of the Service is governed by our Privacy and Data Protection Policy.
3. Your use of Educar.
3.1. Non-commercial Use.
Educar Services is for the personal use of individuals. Organizations, companies, businesses are not entitled to use the Educar Services for any purpose if another is not stipulated in written agreement between Educar and such organization, company, business.
3.2. Agreement to Provide Accurate Information.
When you provide information to Educar or in connection with the Educar Services, you agree to provide only true, accurate, current and complete information about yourself and you agree not to misrepresent your identity or your APP account information. You further agree to keep your APP account information up to date and accurate.
Educar has the right to require from you an identification data in electronic form uniquely representing you. You obliged to provide Educar with true, accurate, current and complete identification data.
3.3. User Responsible for Fees.
If you use the Educar Services, you are responsible for any fees or other amounts that payment system, bank or any third party charges.
3.4. Payment Methods.
You may use your Apple ID, Google Pay and/or other acceptable methods of payment to make the appropriate subscription fee for the Educar Services.
3.5. Access to Your APP Account.
You are responsible for maintaining the secrecy of the login credentials to your APP account. You agree to establish reasonable security procedures and controls to limit access to your password or other identifying information to authorized individuals, which includes choosing passwords and other credentials in a manner that will protect the security of your information. Your credentials include your e-mail address and password to your APP account. You are also responsible for maintaining the accuracy of the information in your APP account.
3.6. APP Content.
The information provided by Educar through the APP is for information purposes only. Such information believed to be reliable, but Educar does not make any promises as to its completeness, timeliness or accuracy. The information and materials contained in the APP, and in this Agreement, are subject to change without notice.
Access to the Educar Services may from time to time be unavailable, delayed, limited or slowed due to, among other things:
- servers, networks and hardware failure (including your own device), communication lines and connections, and other electronic and mechanical equipment;
- software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of firewalls or screening programs, unreadable codes, or irregularities within particular documents or other content;
- overload of system capacities;
- damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, act of God, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
- interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppage (whether partial or total) of labor;
- governmental or regulatory restrictions, exchange rulings, court or tribunal orders or other human intervention; or
- any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond the control of Educar.
3.7. Links to Third-Party Resources.
Links to non-Educar resources are provided solely as pointers to information on topics that may be useful to users of the Services, and Educar has no control over the content on such non-Educar resources. Educar makes no warranties concerning the content of such resources, including the accuracy, completeness, reliability of said resources, nor does Educar warrant that such resources or content is free from any claims of copyright, trademark or other infringement of the rights of third parties or that such resource or content is devoid of viruses or other malicious code. If you choose to follow such resources that are not controlled by Educar, you must do so at your own risk. Educar does not guarantee the authenticity of documents on the Internet. Links to non-Educar resources do not imply any endorsement of or responsibility for the opinions, ideas, products, information or services offered at such resources, or any representation regarding the content at such resources.
3.8. Closing your APP Account.
You may request to close your APP account at any time. Upon account closure, we will cancel any pending transactions and payments unless otherwise legally prohibited. You may not close your APP account to evade an investigation. You will remain liable for all obligations related to your APP account even after the account is closed. Educar will retain your information in accordance with our Privacy and Data Protection Policy and an applicable law.
3.9. Dormant Accounts.
Educar may close your APP account if you do not log in to your APP account or use the Educar Services for 5 years. Educar will retain your information in accordance with Section 3.8 above.
3.10. Feedback You Provide.
If you submit comments, ideas, or feedback to us, you agree that we can use them without any restriction or compensation to you. If we accept your submission, we do not waive any rights to use similar or related ideas or feedback previously known to us, developed by our employees, or obtained from sources other than you.
4. How you may NOT use Educar.
4.1. By using the Educar Services, you agree that:
- You will not engage in any activities related to the Services that violate any applicable law, statute, regulation, or ordinance or breach this Agreement or any other agreement or policy you have with Educar;
- You will not provide false, inaccurate or misleading information;
- You will not use an APP account that belongs to another person for yourself or on behalf of another person;
- You will not use any device, software, routine, file or other tool or technology, including but not limited to any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with the Services or to surreptitiously intercept or expropriate any system, data or personal information from the Services;
- You will not use the Educar Services in connection with any commercial purposes;
- You will not collect data from Educar either from authorized and not authorized zones through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake user accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity in the APP. You may not collect data from Educar authorized zones by any other means including manual collection of data;
- You will not commit unauthorized use of the APP and systems including but not limited to unauthorized entry into the APP, misuse of passwords, or misuse of any information posted in the APP; and
- You will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, "spam" or any other such unsolicited overload technique.
4.2. You may file a complaint on actions of other user if he or she violates this Terms of Serviceto our email: email@example.com.
4.3. Illegal and/or unauthorized use of the Educar Services will be investigated, your membership will be terminated and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress.
5. Disputes resolution.
5.1. Disputes with Educar
If a dispute arises between you and Educar, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. In the event of a dispute we encourage you first to contact Educar at e-mail to try resolving your problem directly with us.
5.2. Mandatory Arbitration.
THIS SECTION AFFECTS YOUR RIGHTS, PLEASE READ CAREFULLY BEFORE AGREEING TO THESE TERMS OF SERVICES BY USING THE EDUCAR SERVICE THROUH THE APP. Except as explicitly provided in this Agreement, any dispute or claim relating in any way to your use of the Educar Services, other products offered or provided by or through the APP, or otherwise arising out of or relating to this Agreement or the Educar Services that cannot be resolved directly between you and Educar shall be resolved by the respective court of Ukraine.
6. Miscellaneous Provisions.
Educar operates and controls the Services from its offices based inUkraine. The information provided on the Educar Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Educar to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to use the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Service are effective until terminated by either party.
You may terminate these Terms by destroying all Service-related materials obtained from the Service, Educar or any source and paying all amounts you owe (including any fees or expenses incurred or imposed by Educar) in full. The privileges granted to you under these Terms of Service will terminate immediately and automatically without notice from Educar if, in our sole discretion, you fail to comply with any term or provision of these Terms of Service. Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Service. You may not assign these Terms of Service without Educar prior written consent, but Educar may assign these Terms of Service and its rights and obligations hereunder to any party at any time without any notice to you. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. Upon Educar's request, you will provide Educar with any documentation, substantiation or releases necessary to verify your compliance with these Terms of Service. You agree that these Terms of Service will not be construed against Educar by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
6.2. Enforceability and Governing Law.
The failure of Educar to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and Educar with regard to your use of the Educar Services and any previous Terms of Service that may exist between you and Educar is hereby superseded. These Terms of Service cannot be changed or modified by you except as posted in the APP by Educar. If any provision of this Agreement is held to be unenforceable, the unenforceable term or provision shall be replaced by an enforceable term or provision that comes closest to the intention underlying the unenforceable term or provision and the remaining provisions shall be enforced. To the extent that anything in or associated with the Educar Services is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. The current legislation of Ukraine governs your use of the Services and the terms of this Agreement.
6.3. Intellectual Property.
All content, design, graphics, compilation, magnetic translation, digital conversion and other matters to the Services are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property rights) and owned by Educar or one of its affiliates. The copying, redistribution, use or publication by you of any part of the Services, unless expressly permitted in this Agreement, is strictly prohibited. Use of the Services does not give you ownership of any intellectual property rights in any of the content, documents or other materials you access. The posting of information or materials on the Services does not constitute a waiver of any right in such information and materials.
"Educar" is the marketing name for certain services activities of Educar as operator of the Services. "Educar" is a trademark of Educar. Other featured words or symbols may be the trademarks of their respective owners.
You agree to indemnify, defend and hold Educar and its affiliates harmless from any liability, including reasonable attorneys' fees, related to your use of the Services or any violation of these Terms of Service.
6.6. DISCLAIMER OF WARRANTY.
EDUCAR AND ITS AFFILIATES MAKE NO COMMITMENTS OR WARRANTIES ABOUT (i) THE CONTENT, RELIABILITY, OR AVAILABILITY OF THE SERVICES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE APP OR (ii) THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT IN THE APP. EDUCAR AND ITS AFFILIATES DISCLAIM, WITHOUT LIMITATION, ANY WARRANTY OF ANY KIND WITH RESPECT TO THE SERVICES, INCLUDING ANY WARRANTY REGARDING NON-INFRINGEMENT, MERCHANTABILITY, OR SUITABILITY FOR A PARTICULAR PURPOSE. EDUCAR AND ITS AFFILIATES SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS OR THE SERVICES.
6.7. LIMITATION OF LIABILITY.
EDUCAR AND ITS AFFILIATES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY SERVICES AVAILABLE FROM OR THOUGH THE APP. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, EDUCAR AND ITS AFFILIATES ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, TORT, SERVICE LIABILITY OR OTHERWISE; EDUCAR AND ITS AFFILIATES ARE NOT LIABLE FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. NONE OF THE SERVICES WOULD BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US THROUGH THE APPOR THROUGH THE EDUCAR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. NEITHER EDUCAR NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION BEYOND THE REASONABLE CONTROL OF SUCH PARTY.
EDUCAR DISCLAIMS FROM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE SERVICE OR OTHERWISE.
6.8. No Third-Party Beneficiaries.
This Agreement is between you and Educar. No user has any rights to force Educar to enforce any rights it may have against you or any other user.