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  1. THESE TERMS

These Terms of Use (“Terms”) govern your use and access to our services, including our website(s), our application(s), our application programming interfaces (“APIs”), our notifications and any information or content appearing therein (collectively our “Platform”).

By using our Platform, you agree to these Terms regardless of whether you are a paying user or a non-paying visitor. If you are using our Platform as a representative of an entity, you are agreeing to these Terms on behalf of that entity.

You should also read our Privacy Policy which sets out how we collect and use your personal information.


  1. ABOUT US AND HOW TO CONTACT US

We are Alpha STEM Education Limited, a company registered in Hong Kong (Company Registration No. 70761622-000-05-20-2), trading as Alpha STEM Education Limited (“Alpha STEM” or “We”). Our registered office is at Room 2004, 20/F, 655 Nathan Road, Mong Kok, Kowloon, Hong Kong.

For any questions or problems relating to our Platform, our products or services, or these Terms, you can contact us by emailing us at info@alpha-stem.com.hk or writing to us at Room 2004, 20/F, 655 Nathan Road, Mong Kok, Kowloon, Hong Kong.

Please refer to our Privacy Policy which is available at https://alpha-stem.com.hk/privacy-policy/ for information about what personal data we collect and what we do with it. It is important that you read our privacy policy, which may be updated from time to time, and understand how we use your information and the rights that you have about your information.

If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us.

References to “writing” or “written” in these Terms include emails and other forms of electronic communications.

  1. USE OF THE PLATFORM

 You must comply with all applicable laws and regulatory requirements, including privacy laws and intellectual property laws in using or accessing the Platform.

Subject to your payment of applicable fees, we give you a personal, worldwide, royalty-free, non-assignable, non-transferrable, non-sublicensable, non-exclusive and revocable licence to access and use our Platform, including any software or application as part of the services we offer (“Licence”). This Licence is for the sole purpose of enabling you to use and enjoy the benefit of our Platform as provided by us and in the manner as permitted by these terms.

This Licence to use our Platform will terminate if you do not comply with these terms or other additional terms or conditions imposed by us from time to time.

You must not copy, modify, distribute, sell, lease, loan or trade any access to the Platform or any data or information on it.

 

  1. PROHIBITIONS

You must not misuse our Platform. You agree not to carry out any of the following:

  • use our Platform for unlawful or unauthorized purposes;
  • re-sell or attempt to benefit in a commercial fashion from any data, content or information available on the Platform;
  • probe, scan, or test the vulnerability of any system or network;
  • breach or otherwise circumvent any security or authentication measures or service use limits;
  • access, tamper with, or use non-public areas or parts of the Platform;
  • interfere with or disrupt any user, host, or network, for example by sending a virus, trojan, worm, logic bomb, or any other material that is malicious or technologically harmful, overloading, flooding, spamming, or mail-bombing any part of the Platform, or by scripting the creation of any content in such manner as to interfere with or create an undue burden on the Platform;
  • reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Platform or any related technology that is not open source;
  • access, search, or create accounts for the Platform by any means (automated or otherwise) other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) or attempt to do so;
  • send unsolicited communications, promotions or advertisements, or spam;
  • forge any TCP/IP packet header or any part of the header information in any email;
  • send altered, deceptive, or false source-identifying information, including “spoofing” or “phishing”;
  • conduct surveys, contests, or pyramid schemes, or promote or advertise products or services without appropriate authorization;
  • abuse referrals or promotions;
  • post, publish, upload, display, distribute, or share materials that are unlawful, malicious, inappropriate, profane, pornographic, obscene, indecent, libelous, defamatory, abusive, or knowingly false, and/or that infringe intellectual property rights;
  • violate the letter or spirit of our Terms of Use;
  • violate applicable laws or regulations in any way; or
  • violate the privacy or infringe the rights of others.

Any breach of this provision may constitute an offence under the applicable laws. In the event such breach occurs, Alpha STEM will report the breach to the relevant law enforcement authorities and appropriate legal action may be taken.

  1. TERMS OF SALE

 5.1 Registration

 In registering for an account on our Platform, you must provide truthful, accurate and up-to-date information about yourself. You should choose a strong and secure password. You must keep your password secure and confidential.

You agree not to share your account credentials or give others access to your account. If and when we detect that an account is shared by multiple users, we may treat this as a security breach and suspend or terminate your account.

We have the right to disable any password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you are in breach of these terms.

You are responsible for all actions or activities that happens by, through or under your account, unless you report misuse.

5.2 Formation of a Contract

 The information set out in the Terms and the details contained on this Platform do not constitute an offer for sale but rather an invitation to treat. No Contract in respect of any products shall exist between you and us until we have delivered the products to you.

To submit an order, you will be required to follow the shopping process on the Platform. After this you will receive an order confirmation which will act as an acknowledgement of your Order.

An order is considered accepted by us upon your receipt of our order confirmation.

5.3 Price and Payment

We are under no obligation to fulfil your Order if the price listed on the Platform is incorrect (even after your Order has been acknowledged by us). You can pay using any of our payment partners listed on our Platform or use the cash on delivery payment method.

5.4 Refusal of Order

We reserve the right to withdraw any Products from this Platform at any time and/or remove or edit any materials or content on this Platform. We will make our best efforts to always process all Orders but there may be exceptional circumstances wherein, we may need to refuse to process an Order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion.

If we cancel your Order and you have already made payment for your Order, the payment amounts will be fully refunded to you.

  1. INTELLECTUAL PROPERTY RIGHTS

 6.1 Your rights

You retain your rights to any information or content you submit, post or display on or through the Platform (“Your Content”). By submitting, posting or displaying such content, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicense) to use, process, copy, reproduce, adapt, modify, publish, transmit, display and distribute such content in any and all media or through any distribution channels (now known or later developed), subject to the applicable provisions in our Privacy Policy.

You are responsible for your use of Your Content and any consequences thereof, including any consequences of the use of Your Content by other users or third parties. We are not responsible or liable for any use of Your Content, nor the use of any content or information submitted or posted by other users or visitors.

You warrant that Your Content is not and will not infringe rights of any third parties and that you have all the necessary rights, power and authority to satisfy your obligations with regard to Your Content under these terms.

If you believe your intellectual property rights have been infringed, please contact us by emailing us at info@alpha-stem.com.hk.

6.2 Our rights

 All intellectual property rights subsisting in the Platform or the products or services we provide belong to us or have been lawfully licensed to us. All rights under applicable laws are hereby reserved. You must not upload, post, publish, reproduce, transmit or distribute any content or component of our Platform in any way, or create any derivative works with respect to any such content or component.

We may (at our discretion but are not obliged to) review content or information submitted or posted by users on our Platform. We reserve the right to remove any content which we consider as offensive, harmful, deceptive, discriminative, defamatory or otherwise inappropriate or misleading, or content that we believe may be infringing rights of third parties. We do not endorse or support any views expressed by any users on our Platform.

Our name “Alpha STEM Education Limited” and our marks and logos are our trade marks (be it registered or unregistered) and may not be used without our express prior written consent.

  1. AVAILABILITY OF OUR SERVICES

 We are constantly changing and improving our Platform and the products or services we provide. We may from time to time change or discontinue any of the products or services we offer, or add or remove functionalities or features, and we may suspend or stop certain products, services, functionalities or features altogether. If we discontinue certain products, services, functionalities or features, we will give you advance notice where reasonably possible.

We may release products, services, functionalities or features that we are still testing and evaluating. We will label such services as “beta”, “preview”, “early access” or “trial” or any words or phrases with similar meanings. You understand that these beta services are not as reliable as other products or services we offer.

We reserve the right to limit your use of our Platform and the services we provide, including the right to restrict, suspend or terminate your account if we believe you are in breach of these terms or are misusing our Platform or any services we provide.

We try our best to ensure that our Platform is always available, but we do not guarantee that the operation of or access to our Platform will be uninterrupted or continuous. Our Platform may be interrupted for maintenance, repairs, upgrades, network or equipment failures.

You are responsible for configuring your information technology, computer programs and platform or system in order to access our Platform. We do not guarantee that our Platform will be free from bugs or viruses.

  1. INTEGRATIONS

We integrate with third-party software to provide a full suite of functionalities to our users. We are not responsible for any issues or loss arising from the use of any third-party software. Your access and use of the third-party software is governed by the terms of service or user agreements of that software.

  1. INDEMNITY

 

You agree to indemnify and hold us (including our holding company(ies), subsidiaries, affiliates, directors, officers, employees, agents, representatives, partners and licensors (collectively, “Our Entities”)) harmless from and against all liabilities, damages, claims, costs (including legal fees and costs), and expenses in connection with or arising from (i) your breach of these terms, (ii) your use of our Platform and/or (iii) any misrepresentation made by you.

You also agree to fully co-operate with us in the defence or settlement of any claim in relation to or arising out of our Platform or these terms.

  1. LIMITATION ON LIABILITIES

 To the fullest extent permitted by law, we expressly limit our liabilities in connection with or arising out of the provision of the Platform as follows:

  • we provide the Platform and any products or services we offer on an “as is” and “as available” basis, and your access to or use of our Platform is at your own risk;
  • we give no assurance, representation or warranty of any kind (whether express or implied) about the Platform and any products or services we provide;
  • we do not guarantee that the information or content you find on the Platform is always accurate, truthful, complete and up-to-date;
  • we expressly disclaim all warranties and representations (for example, warranties of merchantability, fitness for a particular purpose, and non-infringement);
  • we are not responsible for any delay or disruption in our Platform or any defect, viruses, bugs or errors; and
  • we are not responsible for the conduct of or any content or information submitted or posted by any user of the Platform (whether online or offline).

To the fullest extent permitted by law, Our Entities are not liable to you or others for:

  • any indirect, incidental, special, exemplary, consequential or punitive damages; or
  • any loss of data, business, opportunities, reputation, profits or revenues, relating to the use of our Platform or any products or services we offer.

We do not exclude or limit our liability to you where it would be illegal to do so. This includes any of our liability for fraud or making fraudulent misrepresentation in operating the Platform or providing the products or services we offer.

Other than the types of liabilities that we cannot limit by law, the liabilities of Our Entities to you (on aggregate) are limited to the amount you have paid us (if any) for the use of our Platform or for any products or services we offer over the last twelve (12) months.

  1. FEEDBACK

 We value and welcome feedback on our Platform. You agree that we are free to use, disclose, adopt and/or modify any feedback and any information (including any ideas, concepts, proposals, suggestions or comments) provided by you to use in connection with our Platform or any products or services we offer, without any payment to you.

You hereby waive and agree to waive any rights to claim for any fees, royalties, charges or other payments in relation to our use, disclosure, adoption and/or modification of any of your feedback.

  1. TERMINATION

 These Terms will continue to apply until terminated by either you or us when you stop using the Platform by deactivating your account; or we suspend or terminate your access to our Platform, because we reasonably believe that you are in serious or repeated breach of these terms (including a prolonged failure to settle any payment); you are using the Platform in a manner that would cause a real risk of harm or loss to us, other users, or the public; we are requested to do so by government or regulatory authorities or as required under applicable laws, regulations or legal processes; or our provision of the Platform to you is no longer possible or commercially viable.

In any of the above cases, we will notify you by the email address associated with your account or at the next time you attempt to access your account, unless we are prohibited from notifying you by law.

Upon termination of your access, these terms will also terminate except for Clauses 6 and 18.

Where we consider necessary or appropriate, we will report any breach of these terms (or the Acceptable Use Policy) to law enforcement authorities and we will cooperate with such authorities by disclosing your identity and providing any information about you within our systems to them.

  1. ENTIRE AGREEMENT

 These terms constitute the entire agreement between any user and us in relation to the use of or any transactions on the Platform. These terms supersede and extinguish all other agreements, promises, assurances, warranties, representations and understandings between any user and us, whether written or oral, in relation to the use of or any transactions on the Platform.

You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.

  1. WAIVER

 No failure or delay by us or you in exercising any right under these Terms or a Contract shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish our or your rights under these Terms and Conditions or a Contract.

  1. TRANSFER AND ASSIGNMENT

 We may transfer, novate, charge, sub-contract or assign our rights and obligations under these terms to another organization. We will contact you to let you know if we plan to do this. If you do not wish to continue the contract with the transferee, you may contact us to end the contract within one (1) calendar month of us informing you of the proposed transfer and we will refund you any payments you have made in advance for any products not provided.

You may only transfer, novate, charge, sub-contract or assign your rights or your obligations under these terms to another person if we agree to this in writing.

  1. THIRD PARTY RIGHTS

 No person who is not a party to these Terms and Conditions or a Contract shall acquire any rights under it or be entitled to benefit from any of its terms even if that person has relied on any such term or has indicated to any party to these Terms and Conditions or that Contract its assent to any such term.

  1. SEVERABILITY

 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

  1. GOVERNING LAW AND JURISDICTION

 These terms are governed by and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region.

The courts of the Hong Kong Special Administrative Region shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms.

  1. VARIATION

We may amend these Terms from time to time by posting the updated Terms on our Platform. If we make material changes, we will notify you of the changes before they become effective. By continuing to use our Platform and our services after the changes come into effect means that you agree to be bound by the revised policy.

Last updated: 10th March 2021