These Terms and Conditions shall govern your use of our Services, including without limitation our various websites (‘Websites’), online tools, SMS, email notifications, applications (‘Apps’), buttons, widgets, commerce services and other services that are covered by or related to the Services, all of which are provided under and subject to these Terms and Conditions.
By using our Services, you accept these Terms and Conditions in full; accordingly, if you disagree with these Terms and Conditions or any part of these Terms and Conditions, you must not use our Services.
If you register with our Services, submit any material to our Services or use any of our Services, we will ask you to expressly agree to these Terms and Conditions.
2. Copyright notice
Copyright © 2001-2015 Aristo Educational Press Ltd. All rights reserved.
Subject to the express provisions of these Terms and Conditions:
we, together with our licensors, own and control all the copyright and other intellectual property rights in our Services and the materials in our Services; and
all the copyright and other intellectual property rights in our Services and the materials in our Services are reserved and protected by copyright laws unless specifically stated otherwise. No part of the contents of our Services, whether the text, images, audio or video content, may be used or reproduced except as expressly permitted by these Terms and Conditions or by Aristo.
3. Licence to use our Services
view the content in our Services;
download web pages from our Services for caching in a web browser or mobile application;
download digital resources from our Services;
print web pages from our Services;
stream audio and/or video files from our Services; and
use our Websites and online tools by means of a web browser or mobile application,
solely for your own personal teaching and learning purposes, non-commercial use, and subject to other provisions of these Terms and Conditions.
Except as expressly permitted by Section 3.1 or the other provisions of these Terms and Conditions, you must not download any material from our Services or save any such material to your computer.
Except as expressly permitted by these Terms and Conditions, you must not edit or otherwise modify any material in our Services.
Unless you own or control the relevant rights in the material, you must not:
republish material from our Services (including republication on another public or internal website);
sell, rent or sub-license material from our Services;
show any material from our Services in public;
exploit material from our Services for a commercial purpose; or
redistribute material from our Services.
Any of the aforesaid unauthorised activity or unauthorised use of materials from our Services may constitute copyright or trademark infringement, or may otherwise violate intellectual property protection laws, privacy law or other applicable civil or criminal laws or regulations.
We reserve the right to restrict access to any part of our Services at our sole and absolute discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures in our Services.
4. Acceptable use
You must not:
use our Services or any part thereof in any way or take any action that causes, or may cause, damage to or impairment of the performance, availability or accessibility of our Services or any part thereof;
use our Services or any part thereof in any way that is unlawful, illegal, fraudulent, offensive or harmful, or in connection with any unlawful, illegal, fraudulent, offensive or harmful purpose or activity;
use our Services or any part thereof to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Services or any part thereof without our express written consent;
access or otherwise interact with our Services or any part thereof using any robot, spider or other automated means;
violate the directives set out in the robots.txt file for our Websites; or
use data collected from our Services for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You must not use data collected from our Services to contact individuals, companies or other persons or entities.
You must ensure that all the information you supply to us through our Services, or in relation to our Services, is true, accurate, current, complete and not misleading.
5. Registration and accounts
You may register for an account with our Websites or Apps by completing and submitting the account registration form on our Websites or Apps, and clicking on the verification link in the email that the Websites or Apps will send to you.
You must notify us immediately if you become aware of any unauthorised use of your account.
You must not use any other person's account to access our Services.
6. User IDs and passwords
If you register for an account with our Websites or Apps, you will be asked to provide a user ID and password.
Your user ID must not be liable to mislead and must comply with the content rules set out in Section 8, 9 and 10; you must not use your account or user ID for or in connection with the impersonation of any person (or in relation to any impersonation activity).
You must keep your password confidential.
You must notify us immediately if you become aware of any disclosure of your password.
You are solely responsible for any activity on our Services arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
7. Cancellation and suspension of account
suspend your account;
cancel your account; and/or
edit your account details,
at any time in our sole discretion without notice or explanation.
You may cancel your account by email to [email protected].
8. Your content: licence
In these Terms and Conditions, ‘your content’ means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, geographical location, software and files) that you submit to us or our Services for storage or publication on, processing by, or transmission via, our Services.
You understand that it is your sole discretion to upload, share and maintain your content via our Services.
You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
You grant to us the right to sub-license the rights licensed under Section 8.3.
You grant to us the right to bring an action for infringement of the rights licensed under Section 8.3
You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
You may edit your content to the extent permitted using the editing functionality made available in our Services.
Aristo may not monitor or control your content and we will not assume any responsibility for your content.
Without prejudice to our other rights under these Terms and Conditions, if you breach any provision of these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may delete, unpublish or edit any or all of your content.
9. Your content: warranties
You warrant and represent that your content will comply with these Terms and Conditions.
Your content must not be illegal, unlawful, offensive or libellous of any person; must not infringe the intellectual property or other legal rights of any person; and must not be capable of giving rise to legal action by or against any person (in each case in any jurisdiction and under any applicable law).
Your content, and the use of your content by us in accordance with these Terms and Conditions, must not infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or any other intellectual property right.
10. Your content: security
When you provide us your content through our relevant Services, you are asking us to make your content public.
We will generally give you settings on relevant Services to make your content more private if you want. For example, you can limit your content to be viewed by the users from your school only.
You understand that the settings referred to in Section 10.3 cannot entirely prevent the public from viewing your content through third-party browser, unless you delete your content on our Services subject to Section 10.5.
You understand that your uploaded content will be kept public as long as you do not delete it.
Accordingly, you should think carefully before uploading your content and sharing it with the public through our Services.
We do not warrant or represent:
the completeness or accuracy of the information published on our Services;
the completeness or accuracy of the information provided by any third party that may be used in connection with our Services;
that the material on our Services is up to date; or
that any of our Services will remain available.
We reserve the right to suspend, discontinue or alter any or all of our Services, and to stop providing our Services, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these Terms and Conditions, you will not be entitled to any compensation or other payment upon the suspension, discontinuance or alteration of any part of or our Services.
To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these Terms and Conditions, our Services and the use of our Services.
12. Limitations and exclusions of liability
Nothing in these Terms and Conditions will:
limit any liabilities in any way that is not permitted under applicable law; or
exclude any liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section 12 and elsewhere in these Terms and Conditions:
are subject to Section 12.1; and
govern all liabilities arising under these Terms and Conditions or relating to the subject matter of these Terms and Conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that our Services and the information on our Services are provided free of charge, we will not be liable for any loss or damage of any nature.
We will not be liable to you in respect of any expense charged by your network service provider for using our Services that require network connection.
We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage.
Our Services include hyperlinks to, and details of, third party websites for user convenience only; and shall not be regarded as giving any endorsement to the owner/operator or the contents of such sites. Aristo does not give any warranty or representations, express or implied, as to the accuracy, validity, legality or otherwise, regarding such sites; and accepts no liability whatsoever for the content or service of any site linked to or from our Services.
You accept that we have a legitimate interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you may suffer in connection with our Services or these Terms and Conditions.
13. Breaches of these Terms and Conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may:
send you one or more formal warnings;
temporarily suspend your access to our Services;
permanently prohibit you from accessing our Services;
block computers using your IP address from accessing our Services;
contact any or all of your internet service providers and request that they block your access to our Services;
commence legal action against you, whether for breach of contract or otherwise; and/or
suspend or delete your account on our Services.
Where we suspend or prohibit or block your access to our Services or a part of our Services, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
We may revise these Terms and Conditions at any time and from time to time. Once uploaded to and published on our Services, the revised Terms and Conditions shall become immediately effective and supersedes the previous terms.
By browsing or using our Services, you will be bound by the prevailing Terms and Conditions as may be revised from time to time; and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these Terms and Conditions.
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms and Conditions.
You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these Terms and Conditions.
If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will not be affected in any way but will continue in effect.
If any unlawful and/or unenforceable provision of these Terms and Conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
17. Third party rights
These Terms and Conditions are for our benefit and your benefit, and these Terms and Conditions are not intended to benefit or be enforceable by any third party.
The exercise of the parties' rights under these Terms and Conditions is not subject to the consent of any third party.
18. Entire agreement
The clause headings are for convenience only and do not affect the interpretation of these Terms and Conditions.
19. Law and jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (‘HKSAR’).
Any disputes relating to these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of HKSAR.
20. Report abuse
If you learn of any material or activity that breaches these Terms and Conditions, pleases let us know.
You can let us know by email to [email protected].
21. Enforcement of copyright
We take the protection of our copyright very seriously.
If we discover that you have used our copyright materials in contravention of the licence set out in these Terms and Conditions, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.
You may request permission to use the copyright materials in our Services by writing to us by email or post, using the contact details published on our Services.
23. Our details
Our Services are owned and operated by Aristo.
We are registered in HKSAR with registered office at 14/F, Lok’s Industrial Buidling, 204 Tsat Tsz Mui Road, North Point, Hong Kong.
You can contact us in writing to the business address given above; by using the contact form in our Services; by email to [email protected]; or by telephone on 2811-2908.
The Chinese version of these Terms and Conditions are for reference only.
In case of discrepancies between the English and Chinese versions of these Terms and Conditions, the English version shall apply and prevail.