Terms of Use for Online Purchase Services

Last Update: 31 December 2021

Terms of Use for Online Purchase Services
1.	Acceptance of Terms
	1.1.	The following terms and conditions (“Terms of Use”) apply to the online purchase services (“Online Purchase Services”) operated by Hong Kong Education City Limited (“EdCity”) and are offered to you conditioned on your acceptance without any modification. Your use of the Online Purchase Services constitutes your agreement to all Terms of Use. If you do not accept these Terms of Use, you must refrain from accessing, browsing or otherwise using Online Purchase Services.

	1.2.	You must also read and accept the terms, policies and statements incorporated by reference or linked to these Terms of Use (including but without limitation those set out in Clause 1.3 below) (the “Additional Terms”). Your use of Online Purchase Services also constitutes your agreement to the Additional Terms. If there is any contradiction between the Additional Terms and the Terms of Use, the Terms of Use shall take precedence in relation to all the matters relating to your use of Online Purchase Services.

	1.3.	The Additional Terms include, but not limited, to:
		(i)	Privacy Policy Statement;
		(ii)	Copyright and Intellectual Property Rights;
		(iii)	Disclaimer; and
		(iv)	Terms of Service.

	1.4.	The Terms of Use and the Additional Terms may be amended in whole or in part by EdCity from time to time without prior notice to you. Amendments to these Terms of Use will be effective immediately upon the posting of the amended Terms of Use on EdCity Website. You should check the latest Terms of Use and the Additional Terms on a regular basis. Your continued use of Online Purchase Services represents your agreement to be bound by the Terms of Use as amended.

	1.5.	If EdCity posts or has posted a translation of the Terms of Use and/or the Additional Terms, you agree that the translation is provided for reference only and that the English language version will prevail.


2.	Definitions
	2.1.	In these Terms of Use, the following expressions have the meaning set out below:
		(i)	“EdCity Website” means the main website EdCity.hk as well as other websites / cloud services / mobile Apps / digital platforms owned and/or administered by EdCity including any successor designated by EdCity, collectively deliver EdCity services to Users.
		(ii)	“EdCity” or “we” or “us” or “our” means Hong Kong Education City Limited.
		(iii)	“Item” means any goods, products or services.
		(iv)	"School Purchaser" means any person that is authorised to make purchase with or without payment on EdCity Website on behalf of the school which has a valid and subsisting School Purchaser Account with EdCity.
		(v)	“User” or “you” means any person that directly or indirectly access, browse or use Online Purchase Services, regardless of whether he is registered as a member or purchases any Item.
		(vi)	“Supplier” means any person or entity who authorises EdCity to offer their Items for sale or for free in EdCity Website.

	2.2.	In these Terms of Use, unless the context otherwise requires:
		(i)	headings are for convenience only and shall not limit, extend, vary or otherwise affect the construction of any provision of these Terms of Use;
		(ii)	words and expressions importing the singular include the plural and vice versa; and
		(iii)	words and expressions importing one gender include both genders and the neuter, and references to persons include natural persons, bodies corporate or unincorporated, sole proprietorships, partnerships, associations, enterprises, branches and all other forms of organisations and entities.

3.	About Online Purchase Services
	3.1.	Online Purchase Services are operated by EdCity under EdCity Website allowing you to purchase the education-related learning and teaching resources and products which are related to e-learning and quality education for schools, principals, teachers, students and parents.

4.	Eligibility and Membership
	4.1.	Users should ensure that they can lawfully enter into and form contracts under the law.

	4.2.	Any User, with or without a EdCity member account, may browse and search on EdCity Website, except in the areas with restricted access for specific types of members.

	4.3.	If you want to purchase the Items through Online Purchase Services, you must register as a member of EdCity of one of the following membership types, namely, “Teacher”, “Public” or “School Purchaser”. For a School Purchaser, you also need to have a valid and subsisting School Purchaser Account.

	4.4.	You are responsible for any actions taken through your membership. Transactions and all other contact between you and other Users are conducted entirely at your own risk.

5.	Ordering and Pricing
	5.1.	EdCity does not warrant that prices and product descriptions are accurate as errors may occur. EdCity reserves the right to vary the price and other details of the Items without prior notice.

	5.2.	We reserve our right not to accept or cancel an order for any reasons at our sole discretion, such as Items out of stock, or Items listed at incorrect price.

	5.3.	If we cancel your order, we will notify you by email and will credit to your account any sum deducted by us from your credit card or refund to you through other available methods as soon as possible but in any event within thirty (30) days of your order. You accept that we will not be obliged to offer any compensation for cancelling your order.

6.	Payment
	6.1.	EdCity support various payment methods which are determined and may be changed by us from time to time. Different payment methods may only be applicable to certain types of Items. The specific payment terms and other related information shall be stated in each Item.

	6.2.	Once an order is confirmed, you must pay for the Item purchased by the payment methods currently available as listed below:
		(i)	Online Payment by Credit Card
			Online payment may be made by Visa and MasterCard through a designated online payment gateway provided by an online payment service provider. EdCity shall not get access or collect your credit card information. If you are experiencing problem with payment, please contact your card issuer as the online payment might be secured/ blocked for some Users. It is that online payment service provider (i.e. not EdCity) that is responsible for the safety and privacy of User’s payment details. The processing of online payment(s) is solely the responsibility of the online payment service provider and is subject to the terms and conditions of that company. We accept no responsibility for any loss or damages which may arise as a result of the making of a payment through these online service providers. You should ensure that you have read and agree to any such terms and conditions before providing your payment details through the online payment service provider.
		(ii)	Cheque
			Payment by cheque within 45 calendar days is only available to School Purchaser.

	6.3.	An order is considered as confirmed once the payment is made by you through a payment method acceptable to EdCity. Electronic notifications, via email or other means, will be given to you once an order is confirmed.

	6.4.	If you are having any problem in connection with an Item ordered/purchased, you should inform our customer service or other available channels.

	6.5.	EdCity will not be liable for any loss, damage, claim, liabilities, costs or expenses from the transaction.

7.	Delivery
	7.1.	We require you to provide all necessary information for delivery.

	7.2.	EdCity shall state the information of delivery methods, delivery charges, expected time frame of delivery and other information relating to delivery for the Item listed.

	7.3.	Some Items may be delivered directly to your registered email account, therefore please make sure that the account is valid before purchase. You may update your email account by editing your registered information.

8.	Refunds
	8.1.	You must consider your purchase through the Online Purchase Services of EdCity carefully before you place an order. Unless otherwise specified, Items available on EdCity Website are non-refundable and a confirmed order is a legally binding contract between you and EdCity. Moreover, additional fees may be applied when you cancel an order.

	8.2.	We shall determine whether it is appropriate to refund or to undertake another course of action (for example providing a replacement Item), taking into account your request, and pursuant to our refund policy in respect of the Item sold. We shall process the refund requests pursuant to the policy for the cases such as:-
		(i)	Items ordered but not received: you paid for an Item but did not receive the Item (including the URL to download or the activation key, as the case may be),
		(ii)	Delivery of Wrong Items: you ordered and paid for Item “A” but you received Item “B” which is not the Item ordered.
		(iii)	Invalid Download URLs, Login IDs or Activated Keys: you ordered and paid for an Item, and received the download URLs, Login IDs or the activation keys (as the case may be) successfully. However, you are unable to download or activate the Item by using the information provided.

	8.3.	We shall endeavour to reply the refund requests within 5 working days.

9.	Electronic Communications
	9.1.	We may communicate with you by email or by posting notices on EdCity Website. You consent to receive communications from us by email. You agree that all agreements, notices, disclosures and other communications that we provide to you in this manner satisfy any legal requirement that such communications be in writing.

10.	Intellectual Property Rights
	10.1.	Content may be provided by third parties and neither we nor our affiliates shall be responsible for third party content or claims on copyrights, trademarks and/or licences during your use of using Online Purchase Services.

	10.2.	For details , please read our Copyright and Intellectual Property Rights which sets out the general policies how we handle the contents on EdCity Website.

11.	Protection of Personal Data
	11.1.	We shall ensure that your personal data will only be used in connection with the transactions through Online Purchase Services and for the delivery of the Items and any directly related purposes. We shall take such measures as necessary to ensure that the personal data collected are protected against unauthorised or accidental access, processing or any other use.

	11.2.	You consent that your personal data may be disclosed to the Suppliers or other third parties for the purpose of effectuating the transactions through Online Purchase Services and delivering the Items.

	11.3.	Please read our Privacy Policy Statement which sets out the general policies on how we use and protect your personal information in relation to all EdCity Website, including Online Purchase Services.

12.	Reservation of Rights
	12.1.	EdCity reserves the sole and absolute rights to refuse anyone to access or use Online Purchase Services at any time without prior notice and without liability.

13.	Account Security
	13.1.	We care about the safety and security of our Users. We have adopted a number of security measures to ensure that the Online Purchase Services is as safe as possible. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities conducted under your account. It is your responsibility to notify us immediately of any unauthorized use of your account, password or any breach of security.

14.	System Integrity
	14.1.	While we will use our reasonable endeavors to ensure the availability of Online Purchase Services, subject to any downtime required for maintenance, you acknowledge that we take no responsibility for any system unavailability or for any loss that is incurred as a result of Online Purchase Services being unavailable. We also assume no responsibility for the corruption of any data or information held by us.

15.	Licence and Site Access
	15.1.	We grant you a limited, non-exclusive and revocable licence to access and make use of Online Purchase Services. This licence does not include any resale or commercial use of Online Purchase Services or its contents; any derivative use of Online Purchase Services or its contents; any downloading or copying of account information; or any use of data mining, robots, or similar data gathering and extraction tools. Unless otherwise specified by us in a separate licence, your right to use any software, data, documentation or other materials that you access or download through Online Purchase Services is subject to these Terms of Use.

16.	Indemnity and Defence
	16.1.	You agree to indemnify and hold EdCity (including its directors, officers, employees, parent companies, subsidiaries, affiliates and agents) harmless from and against any and all claims, cost, losses, damages, judgments, penalties, interest and expenses (including legal fees) arising out of any claim (being any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or an entity) that relates or arises out of your use of Online Purchase Services.

17.	No Warranty
	17.1.	Online Purchase Services are provided on an “as is” basis. EdCity makes no other representations or warranties of any kind, express or implied, including without limitation the following:
		(i)	warranties of merchantability, fitness for purpose, title and non-infringement in respect of the Items sold;
		(ii)	that Online Purchase Services will meet your requirements, will always be available, uninterrupted, timely, secure or operate without error;
		(iii)	that the information, content or materials included on the EdCity Website will be as represented by Suppliers, available for sale, lawfully able to be sold or that the Suppliers or Users will perform their obligations;
		(iv)	any implied warranty arising from course of dealing or usage of trade;
		(v)	any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of EdCity; and
		(vi)	to the full extent permissible under the applicable law, EdCity disclaims any and all such warranties.

18.	Limitation of Liability
	18.1.	We shall not be liable to you for and in respect of any loss or damage in connection with any online or offline payment made by you including (without limitation) any loss and/or damage by reason of (i) any failure, delay, interruption, suspension or restriction of the transmission of any information or message from any payment gateways; (ii) any error in or omission from any information or message transmitted by the said payment gateways; (iii) any breakdown, malfunction or failure of those gateways; or (iv) anything arising out of or in connection with them.

	18.2.	To the fullest extent permitted by law, EdCity will not be liable for any damage of any kind, including without limitation direct, indirect, incidental, punitive, special or consequential damages (including, without limitation any loss of profits, loss of revenue or loss of data) arising out of or in connection with these Terms of Use, the use of Online Purchase Services, the transactions entered into through EdCity Website or those resulting from any Item purchased or obtained through EdCity Website, including (but not limited to) any damages for loss of profits, goodwill, use, data or other intangible losses resulting from (i) the use or inability to use the service of Online Purchase Services; (ii) products, data, information, services or messages received or purchased directly from or via EdCity Website, or the replacement cost of products and services derived from such dealings; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party as a result of the service provided by EdCity or (v) any other matters relating to Online Purchase Services.

19.	No Agency
	19.1.	No agency, partnership, fiduciary, trustee, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Use.

20.	Severability
	20.1.	If any provision of these Terms of Use becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining Terms of Use, which shall continue in full force and effect.

21.	No Waiver
	21.1.	If we do not exercise or enforce any right available to us under these Terms of Use, it does not constitute a waiver of that right. We will not be considered to have waived any of our rights or remedies described in these Terms of Use unless the waiver is in writing and signed by us. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any term of these Terms of Use will not constitute a waiver of our right to subsequently enforce such term or any other terms of these Terms of Use.

22.	Policy Enforcement
	22.1.	We reserve the right to review and take appropriate actions to deal with any violation these Terms of Use, including, without limitation removing, disabling or suspending use by any User that violates these Terms of Use, to claim from you for all losses and/or damages as a result of your breach and to report any activity that we suspect to have violated any relevant law or regulation to appropriate law enforcement agencies.

23.	Disclaimer
	23.1.	You acknowledge and agree that if you decide to browse or use the services provided on Online Purchase Services, you do so entirely at your own risk. In no event shall EdCity (including its directors, officers, employees, parent companies, subsidiaries, affiliates or agents) be liable for any loss or damage, direct or indirect, general or special, compensatory, consequential, incidental, arising from or in connection with or otherwise associated with your browsing or use of Online Purchase Services.

	23.2.	We take no responsibility for any of the items offered or provided on Online Purchase Services. We have no control over the quality, fitness, safety, reliability, legality or any other aspect of any of the items that you may purchase on Online Purchase Services.

	23.3.	We do not guarantee the validity, accuracy, truthfulness, completeness, reliability or usefulness of any third-party content. Under no circumstances will EdCity be liable for or in connection with any errors or omissions in any third-party content or embedded links, any loss or damage caused by your reliance on or any other harm arising from any third-party content.

	23.4.	Any material downloaded or otherwise obtained through the use of the services on Online Purchase Services is done at your own risk and discretion and you shall be solely responsible for any damage to your computer system or damage or loss of data resulting from the download of any information.

24.	Rights of Third Parties
	24.1.	It is expressly provided that the Contracts (Rights of Third Parties) Ordinance, (Cap. 623) shall not apply to these Terms of Use and nothing herein shall create rights to nor impose obligations on any third party under the said ordinance.

25.	Governing Law
	25.1.	These Terms of Use are governed and construed in all respects by the laws of Hong Kong. You agree to submit to the non-exclusive jurisdiction of the courts of Hong Kong.