Last updated
August 01, 2018
These Terms of Use constitute a legally binding agreement made
between you, whether personally or on behalf of an entity ("you")
and
SchoolTracs Ltd
("Company",
"we", "us", or
"our"), concerning your access to and use of the
http://www.schooltracs.com
website as well as any other media form, media channel, mobile
website or mobile application related, linked, or otherwise
connected thereto (collectively, the "Site"). You agree that by
accessing the Site, you have read, understood, and agree to be bound
by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU
ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU
MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted
on the Site from time to time are hereby expressly incorporated
herein by reference. We reserve the right, in our sole discretion,
to make changes or modifications to these Terms of Use at any time
and for any reason. We will alert you about any changes by
updating the "Last updated" date of these Terms of Use, and you
waive any right to receive specific notice of each such change. It
is your responsibility to periodically review these Terms of Use
to stay informed of updates. You will be subject to, and will be
deemed to have been made aware of and to have accepted, the
changes in any revised Terms of Use by your continued use of the
Site after the date such revised Terms of Use are posted.
The information provided on the Site 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 us to any registration
requirement within such jurisdiction or country. Accordingly, those
persons who choose to access the Site 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.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property
and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the "Content") and the trademarks, service marks, and
logos contained therein (the "Marks") are owned or controlled by us
or licensed to us, and are protected by copyright and trademark laws
and various other intellectual property rights and unfair
competition laws of the
the Hong Kong Special Administrative Region, foreign jurisdictions, and international conventions. The Content
and the Marks are provided on the Site "AS IS" for your information
and personal use only. Except as expressly provided in these Terms
of Use, no part of the Site and no Content or Marks may be copied,
reproduced, aggregated, republished, uploaded, posted, publicly
displayed, encoded, translated, transmitted, distributed, sold,
licensed, or otherwise exploited for any commercial purpose
whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a
limited license to access and use the Site and to download or print
a copy of any portion of the Content to which you have properly
gained access solely for your personal, non-commercial use. We
reserve all rights not expressly granted to you in and to the Site,
the Content and the Marks.
By using the Site, you represent and warrant that:
(1) all registration information you submit will be true,
accurate, current, and complete; (2) you will maintain the accuracy of such information and
promptly update such registration information
as necessary;
(3) you have the legal capacity and you agree to comply with these
Terms of Use;
(4) you are not a minor in the jurisdiction in which you reside;
(5) you will not access the Site through automated or non-human
means, whether through a bot, script or otherwise; (6) you will not use the Site for any illegal or unauthorized
purpose; and (7) your use of the Site will not violate any applicable law or
regulation.
If you provide any information that is untrue, inaccurate, not
current, or incomplete, we have the right to suspend or terminate
your account and refuse any and all current or future use of the
Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to
keep your password confidential and will be responsible for
all use of your account and password. We reserve the right
to remove, reclaim, or change a username you select if we
determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
We accept the following forms of payment:
- Cheque
- ATM
- Trasnfer
You may be required to purchase or pay a fee to access some of
our services. You agree to provide current, complete, and
accurate purchase and account information for all purchases made
via the Site. You further agree to promptly update account and
payment information, including email address, payment method,
and payment card expiration date, so that we can complete your
transactions and contact you as needed. We bill you
through an online billing account for purchases made via the
Site. Sales tax will be added to the price of purchases as
deemed required by us. We may change prices at any time. All
payments shall be in H.K. dollars.
You agree to pay all charges or fees at the prices then in
effect for your purchases, and you authorize us to charge your
chosen payment provider for any such amounts upon making your
purchase.
If your purchase is subject to recurring charges, then you
consent to our charging your payment method on a recurring
basis without requiring your prior approval for each
recurring charge, until you notify us of your
cancellation.
We reserve the right to correct any errors or mistakes in
pricing, even if we have already requested or received payment.
We also reserve the right to refuse any order placed through the
Site.
FREE TRIAL
We offer a
30-day free trial to new users who register with the Site.
The account will not be charged and the subscription will
be suspended until upgraded to a paid version
at the end of the free trial.
All purchases are non-refundable. You can cancel your subscription at any time
by contacting us using the contact
information provided below. Your cancellation will take effect at the end of the current
paid term.
If you are unsatisfied with our services, please email us at
info@schooltracs.com
or call us at
(852) 23451923.
You may not access or use the Site for any purpose other than that
for which we make the Site available. The Site may not be used in
connection with any commercial endeavors except those that are
specifically endorsed or approved by us.
As a user of the Site, you agree not to:
1
.
Systematically retrieve data or other content from the Site to
create or compile, directly or indirectly, a collection,
compilation, database, or directory without written permission
from us.
2
.
Make any unauthorized use of the Site, including collecting
usernames and/or email addresses of users by electronic or other
means for the purpose of sending unsolicited email, or creating
user accounts by automated means or under false pretenses.
3
.
Engage in unauthorized framing of or linking to the Site.
4
.
Trick, defraud, or mislead us and other users, especially in
any attempt to learn sensitive account information such as user
passwords.
5
.
Make improper use of our support services or submit false
reports of abuse or misconduct.
6
.
Engage in any automated use of the system, such as using
scripts to send comments or messages, or using any data mining,
robots, or similar data gathering and extraction tools.
7
.
Interfere with, disrupt, or create an undue burden on the Site
or the networks or services connected to the Site.
8
.
Attempt to impersonate another user or person or use the
username of another user.
9
.
Sell or otherwise transfer your profile.
10
.
Use any information obtained from the Site in order to harass,
abuse, or harm another person.
11
.
Circumvent, disable, or otherwise interfere with
security-related features of the Site, including features that
prevent or restrict the use or copying of any Content or enforce
limitations on the use of the Site and/or the Content contained
therein.
12
.
Use the Site as part of any effort to compete with us or
otherwise use the Site and/or the Content for any
revenue-generating endeavor or commercial enterprise.
13
.
Decipher, decompile, disassemble, or reverse engineer any of
the software comprising or in any way making up a part of the
Site.
14
.
Attempt to bypass any measures of the Site designed to prevent
or restrict access to the Site, or any portion of the Site.
15
.
Harass, annoy, intimidate, or threaten any of our employees or
agents engaged in providing any portion of the Site to you.
16
.
Delete the copyright or other proprietary rights notice from
any Content.
17
.
Copy or adapt the Site's software, including but not limited to
Flash, PHP, HTML, JavaScript, or other code.
18
.
Upload or transmit (or attempt to upload or to transmit)
viruses, Trojan horses, or other material, including excessive
use of capital letters and spamming (continuous posting of
repetitive text), that interferes with any party's uninterrupted
use and enjoyment of the Site or modifies, impairs, disrupts,
alters, or interferes with the use, features, functions,
operation, or maintenance of the Site.
19
.
Upload or transmit (or attempt to upload or to transmit) any
material that acts as a passive or active information collection
or transmission mechanism, including without limitation, clear
graphics interchange formats ("gifs"), 1×1 pixels, web bugs,
cookies, or other similar devices (sometimes referred to as
"spyware" or "passive collection mechanisms" or "pcms").
20
.
Except as may be the result of standard search engine or
Internet browser usage, use, launch, develop, or distribute any
automated system, including without limitation, any spider,
robot, cheat utility, scraper, or offline reader that accesses
the Site, or using or launching any unauthorized script or other
software.
21
.
Disparage, tarnish, or otherwise harm, in our opinion, us
and/or the Site.
22
.
Use the Site in a manner inconsistent with any applicable laws
or regulations.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and
other functionality, and may provide you with the
opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and
materials to us or on the Site, including but not limited to
text, writings, video, audio, photographs, graphics,
comments, suggestions, or personal information or other
material (collectively, "Contributions"). Contributions may
be viewable by other users of the Site and through
third-party websites. As such, any Contributions you
transmit may be treated as non-confidential and
non-proprietary. When you create or make available any
Contributions, you thereby represent and warrant that:
-
The creation, distribution, transmission, public
display, or performance, and the accessing,
downloading, or copying of your Contributions do not
and will not infringe the proprietary rights,
including but not limited to the copyright, patent,
trademark, trade secret, or moral rights of any
third party.
-
You are the creator and owner of or have the
necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site,
and other users of the Site to use your
Contributions in any manner contemplated by the Site
and these Terms of Use.
-
You have the written consent, release, and/or
permission of each and every identifiable individual
person in your Contributions to use the name or
likeness of each and every such identifiable
individual person to enable inclusion and use of
your Contributions in any manner contemplated by the
Site and these Terms of Use.
-
Your Contributions are not false, inaccurate, or
misleading.
-
Your Contributions are not unsolicited or
unauthorized advertising, promotional materials,
pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
-
Your Contributions are not obscene, lewd,
lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as
determined by us).
-
Your Contributions do not ridicule, mock,
disparage, intimidate, or abuse anyone.
-
Your Contributions do not advocate the violent
overthrow of any government or incite, encourage, or
threaten physical harm against another.
-
Your Contributions do not violate any applicable
law, regulation, or rule.
-
Your Contributions do not violate the privacy or
publicity rights of any third party.
-
Your Contributions do not contain any material that
solicits personal information from anyone under the
age of 18 or exploits people under the age of 18 in
a sexual or violent manner.
-
Your Contributions do not violate any of
the Hong Kong Special Administrative Region
law concerning child pornography, or otherwise
intended to protect the health or well-being of
minors;
-
Your Contributions do not include any offensive
comments that are connected to race, national
origin, gender, sexual preference, or physical
handicap.
-
Your Contributions do not otherwise violate, or link
to material that violates, any provision of these
Terms of Use, or any applicable law or
regulation.
Any use of the Site in violation of the foregoing violates
these Terms of Use and may result in, among other things,
termination or suspension of your rights to use the
Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant
that you have the right to grant, to us an unrestricted,
unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and
license to host, use, copy, reproduce, disclose, sell,
resell, publish, broadcast, retitle, archive, store, cache,
publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such
Contributions (including, without limitation, your image and
voice) for any purpose, commercial, advertising, or
otherwise, and to prepare derivative works of, or
incorporate into other works, such Contributions, and grant
and authorize sublicenses of the foregoing. The use and
distribution may occur in any media formats and through any
media channels.
This license will apply to any form, media, or technology
now known or hereafter developed, and includes our use of
your name, company name, and franchise name, as applicable,
and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you
warrant that moral rights have not otherwise been asserted
in your Contributions.
We do not assert any ownership over your Contributions. You
retain full ownership of all of your Contributions and any
intellectual property rights or other proprietary rights
associated with your Contributions. We are not liable for
any statements or representations in your Contributions
provided by you in any area on the Site. You are solely
responsible for your Contributions to the Site and you
expressly agree to exonerate us from any and all
responsibility and to refrain from any legal action against
us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1)
to edit, redact, or otherwise change any Contributions; (2) to
re-categorize any Contributions to place them in more
appropriate locations on the Site; and (3) to pre-screen or
delete any Contributions at any time and for any reason,
without notice. We have no obligation to monitor your
Contributions.
MOBILE APPLICATION LICENSE
Use License
If you access the Site via a mobile application, then we
grant you a revocable, non-exclusive, non-transferable,
limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you,
and to access and use the mobile application on such
devices strictly in accordance with the terms and
conditions of this mobile application license contained in
these Terms of Use. You shall not: (1) decompile, reverse
engineer, disassemble, attempt to derive the source code
of, or decrypt the application; (2) make any modification,
adaptation, improvement, enhancement, translation, or
derivative work from the application; (3) violate any
applicable laws, rules, or regulations in connection with
your access or use of the application; (4) remove, alter,
or obscure any proprietary notice (including any notice of
copyright or trademark) posted by us or the licensors of
the application; (5) use the application for any revenue
generating endeavor, commercial enterprise, or other
purpose for which it is not designed or intended; (6) make
the application available over a network or other
environment permitting access or use by multiple devices
or users at the same time; (7) use the application for
creating a product, service, or software that is, directly
or indirectly, competitive with or in any way a substitute
for the application; (8) use the application to send
automated queries to any website or to send any
unsolicited commercial e-mail; or (9) use any proprietary
information or any of our interfaces or our other
intellectual property in the design, development,
manufacture, licensing, or distribution of any
applications, accessories, or devices for use with the
application.
Apple and Android Devices
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google
Play (each an "App Distributor") to access the Site: (1)
the license granted to you for our mobile application is
limited to a non-transferable license to use the
application on a device that utilizes the Apple iOS or
Android operating systems, as applicable, and in
accordance with the usage rules set forth in the
applicable App Distributor's terms of service; (2) we are
responsible for providing any maintenance and support
services with respect to the mobile application as
specified in the terms and conditions of this mobile
application license contained in these Terms of Use or as
otherwise required under applicable law, and you
acknowledge that each App Distributor has no obligation
whatsoever to furnish any maintenance and support services
with respect to the mobile application; (3) in the event
of any failure of the mobile application to conform to any
applicable warranty, you may notify the applicable App
Distributor, and the App Distributor, in accordance with
its terms and policies, may refund the purchase price, if
any, paid for the mobile application, and to the maximum
extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with
respect to the mobile application; (4) you must comply
with applicable third-party terms of agreement when using
the mobile application, e.g., if you have a VoIP
application, then you must not be in violation of their
wireless data service agreement when using the mobile
application; and (5) you acknowledge and agree that the
App Distributors are third-party beneficiaries of the
terms and conditions in this mobile application license
contained in these Terms of Use, and that each App
Distributor will have the right (and will be deemed to
have accepted the right) to enforce the terms and
conditions in this mobile application license contained in
these Terms of Use against you as a third-party
beneficiary thereof.
You acknowledge and agree that any questions, comments,
suggestions, ideas, feedback, or other information regarding the
Site ("Submissions") provided by you to us are non-confidential
and shall become our sole property. We shall own exclusive
rights, including all intellectual property rights, and shall be
entitled to the unrestricted use and dissemination of these
Submissions for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you. You hereby waive
all moral rights to any such Submissions, and you hereby warrant
that any such Submissions are original with you or that you have
the right to submit such Submissions. You agree there shall be
no recourse against us for any alleged or actual infringement or
misappropriation of any proprietary right in your
Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site)
links to other websites ("Third-Party Websites") as well
as articles, photographs, text, graphics, pictures,
designs, music, sound, video, information, applications,
software, and other content or items belonging to or
originating from third parties ("Third-Party Content").
Such Third-Party Websites and Third-Party Content are
not investigated, monitored, or checked for accuracy,
appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed
through the Site or any Third-Party Content posted on,
available through, or installed from the Site, including
the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or
contained in the Third-Party Websites or the Third-Party
Content. Inclusion of, linking to, or permitting the use
or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the
Site and access the Third-Party Websites or to use or
install any Third-Party Content, you do so at your own
risk, and you should be aware these Terms of Use no
longer govern. You should review the applicable terms
and policies, including privacy and data gathering
practices, of any website to which you navigate from the
Site or relating to any applications you use or install
from the Site. Any purchases you make through
Third-Party Websites will be through other websites and
from other companies, and we take no responsibility
whatsoever in relation to such purchases which are
exclusively between you and the applicable third party.
You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and
you shall hold us harmless from any harm caused by your
purchase of such products or services. Additionally, you
shall hold us harmless from any losses sustained by you
or harm caused to you relating to or resulting in any
way from any Third-Party Content or any contact with
Third-Party Websites.
We reserve the right, but not the obligation, to: (1) monitor
the Site for violations of these Terms of Use; (2) take
appropriate legal action against anyone who, in our sole
discretion, violates the law or these Terms of Use, including
without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation,
refuse, restrict access to, limit the availability of, or
disable (to the extent technologically feasible) any of your
Contributions or any portion thereof; (4) in our sole discretion
and without limitation, notice, or liability, to remove from the
Site or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems;
and (5) otherwise manage the Site in a manner designed to
protect our rights and property and to facilitate the proper
functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review
our Privacy Policy:
http://www.schooltracs.com/appprivacy.html. By using the Site, you agree to be bound by our Privacy
Policy, which is incorporated into these Terms of Use.
These Terms of Use shall remain in full force and effect
while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO,
IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR
NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY
REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE
TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE
MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR
DELETE
YOUR
ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason,
you are prohibited from registering and creating a new
account under your name, a fake or borrowed name, or the
name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or
suspending your account, we reserve the right to take
appropriate legal action, including without limitation
pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our
sole discretion without notice. However, we have no
obligation to update any information on our Site. We also
reserve the right to modify or discontinue all or part of
the Site without notice at any time. We will not be liable
to you or any third party for any modification, price
change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all
times. We may experience hardware, software, or other
problems or need to perform maintenance related to the
Site, resulting in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Site at any time or
for any reason without notice to you. You agree that we
have no liability whatsoever for any loss, damage, or
inconvenience caused by your inability to access or use
the Site during any downtime or discontinuance of the
Site. Nothing in these Terms of Use will be construed to
obligate us to maintain and support the Site or to supply
any corrections, updates, or releases in connection
therewith.
These Terms of Use and your use of the Site are governed
by and construed in accordance with the laws of
the Hong Kong Special Administrative Region
applicable to agreements made and to be entirely
performed within
the Hong Kong Special Administrative Region, without regard to its conflict of law principles.
Informal Negotiations
We wish to address your concerns without going
through a formal legal process. Before filing a
claim against SchoolTracs, you agree to try to
resolve the dispute informally by contacting
info@schooltracs.com. We will respond to you by
email as soon as practicable; however a lack of
response shall not be deemed to constitute any
acquiescence or waiver. We will try our best to
resolve the dispute informally within thirty (30)
days. If the dispute is not resolved within such a
period, you or SchoolTracs may bring a formal
proceeding.
Binding Arbitration
SchoolTracs and you agree that all disputes,
controversies, and claims arising out of or in
relation to the Services, these Terms and our
Payment Terms (including the existence, validity,
interpretation, performance, breach, or
termination thereof) shall be referred to and
finally resolved by arbitration administered by
the Hong Kong International Arbitration Centre
(HKIAC) under the UNCITRAL Arbitration Rules in
force when the notice of arbitration is submitted,
as modified by the HKIAC Procedures for the
Administration of Arbitration under the UNCITRAL
Arbitration Rules.
The law of arbitration shall be Hong Kong law and
the place of arbitration shall be Hong Kong. The
number of arbitrators shall be one, except where
the amount in dispute exceeds USD 50,000, in which
case the number of arbitrators shall be three. The
arbitration proceedings shall be conducted in
English.
Restrictions
The Parties agree that any arbitration shall be
limited to the Dispute between the Parties
individually. To the full extent permitted by
law, (a) no arbitration shall be joined with any
other proceeding; (b) there is no right or
authority for any Dispute to be arbitrated on a
class-action basis or to utilize class action
procedures; and (c) there is no right or
authority for any Dispute to be brought in a
purported representative capacity on behalf of
the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties agree that the following Disputes are
not subject to the above provisions concerning
informal negotiations and binding arbitration: (a)
any Disputes seeking to enforce or protect, or
concerning the validity of, any of the
intellectual property rights of a Party; (b) any
Dispute related to, or arising from, allegations
of theft, piracy, invasion of privacy, or
unauthorized use; and (c) any claim for injunctive
relief. If this provision is found to be illegal
or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion
of this provision found to be illegal or
unenforceable and such Dispute shall be decided by
a court of competent jurisdiction within the
courts listed for jurisdiction above, and the
Parties agree to submit to the personal
jurisdiction of that court.
There may be information on the Site that contains
typographical errors, inaccuracies, or omissions,
including descriptions, pricing, availability, and
various other information. We reserve the right to
correct any errors, inaccuracies, or omissions and to
change or update the information on the Site at any
time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE
BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR
SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST
EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES,
EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR
USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF
THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED
TO THE SITE AND WE WILL ASSUME NO LIABILITY OR
RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL
INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER,
RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3)
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR
CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY,
AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND
MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE.
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR
OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING,
AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY
MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT,
LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING
FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES BE LIMITED TO THE AMOUNT PAID,
IF ANY, BY YOU TO US
DURING
THE
six (6)
MONTH PERIOD PRIOR TO ANY CAUSE OF
ACTION
ARISING.
You agree to defend, indemnify, and hold us harmless,
including our subsidiaries, affiliates, and all of our
respective officers, agents, partners, and employees,
from and against any loss, damage, liability, claim, or
demand, including reasonable attorneys' fees and
expenses, made by any third party due to or arising out
of:
(1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use;
(4) any breach of your representations and warranties
set forth in these Terms of Use; (5) your violation of
the rights of a third party, including but not limited
to intellectual property rights; or (6) any overt
harmful act toward any other user of the Site with whom
you connected via the Site. Notwithstanding the
foregoing, we reserve the right, at your expense, to
assume the exclusive defense and control of any matter
for which you are required to indemnify us, and you
agree to cooperate, at your expense, with our defense of
such claims. We will use reasonable efforts to notify
you of any such claim, action, or proceeding which is
subject to this indemnification upon becoming aware of
it.
We will maintain certain data that you transmit to the
Site for the purpose of managing the performance of the
Site, as well as data relating to your use of the Site.
Although we perform regular routine backups of data, you
are solely responsible for all data that you transmit or
that relates to any activity you have undertaken using
the Site. You agree that we shall have no liability to
you for any loss or corruption of any such data, and you
hereby waive any right of action against us arising from
any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND
SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You
consent to receive electronic communications, and you
agree that all agreements, notices, disclosures, and
other communications we provide to you electronically,
via email and on the Site, satisfy any legal requirement
that such communication be in writing. YOU HEREBY AGREE
TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS,
AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF
NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED
OR COMPLETED BY US OR VIA THE SITE. You hereby waive any
rights or requirements under any statutes, regulations,
rules, ordinances, or other laws in any jurisdiction
which require an original signature or delivery or
retention of non-electronic records, or to payments or
the granting of credits by any means other than
electronic means.
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site
constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce
any right or provision of these Terms of Use shall not
operate as a waiver of such right or provision. These
Terms of Use operate to the fullest extent permissible
by law. We may assign any or all of our rights and
obligations to others at any time. We shall not be
responsible or liable for any loss, damage, delay, or
failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of
these Terms of Use is determined to be unlawful, void,
or unenforceable, that provision or part of the
provision is deemed severable from these Terms of Use
and does not affect the validity and enforceability of
any remaining provisions. There is no joint venture,
partnership, employment or agency relationship created
between you and us as a result of these Terms of Use or
use of the Site. You agree that these Terms of Use will
not be construed against us 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 Use and
the lack of signing by the parties hereto to execute
these Terms of Use.
In order to resolve a complaint regarding the Site or
to receive further information regarding use of the
Site, please contact us at:
SchoolTracs Ltd
Unit 6, 11/F, Prosperity Place, 6 Shing Yip Street,
Kwun Tong, Kowloon, Hong Kong
Phone:
(852) 5803 7271
info@schooltracs.com