Terms and Conditions
These Terms and Conditions constitute the legally binding agreement between Us and Our Users regarding the conditions of use of Our platform, Our Content, Our Website and Our Services , and they apply as between you, the User of this Website and TeachUp Limited, the owner of this Website. By using Our Website, any of Our Content, your Account and/or Our Services, you confirm that you have read, agree and are in full compliance with these Terms and Conditions (as amended from time to time). If you do not agree to be bound by these Terms and Conditions, you should stop using the Website, your Account and Our Services immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order has been accepted.
A. Summary
- We own all the Intellectual Property Rights in all the Content on Our Website, and you are not allowed to record, copy, publish, distribute (online or offline), perform or display any of Our Content or any of the materials relating to Our Services on any other platform or medium.
- Our Content and the use of Our Website, Services or any related content on it or resulting from it is meant for educational use only and may not be further commercialized without our permission.
- Links to our Our homepage
can be shared with others but this does not include providing deep links to Our Website. Whilst we try to minimize any issues, we are not responsible for the accuracy, completeness or the correctness of any of Our Content or for any bugs, viruses, outages etc. on Our Website. You agree to Our Privacy Policy and Cookie Policy available on Our website. Orders will be placed by selecting the payment plans, bundles and subscriptions available at , and by selecting such, you allow us to charge you by using your stored Payment Information and declare that you agree with the specific conditions and payment of any of such plans, bundles and subscriptions. Accounts are strictly personal and users may only use the content on Our platform for their own personal or business learning, Users are not permitted to adapt it or distribute any of it to anybody else. Users agree we have the right to to disable/ terminate Accounts if we identify abuse. By using Our Website, any of Our Content, your Account and/or Our Services, you confirm that you have read, agree and are in full compliance with these Terms and Conditions, which we may amended from time to time by posting them on our Website.
B. Full Terms and Conditions
1. Definitions and Interpretation
2. Age Restrictions
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers procuring Services or accessing the Website in the course of business.
4. Intellectual Property
4.2 Subject to your compliance with these Terms and Conditions, we grant you a fully revocable, worldwide, non-exclusive, royalty-free, non-transferable, non-sub-licensable, limited right and licence for the duration of your plan of Service (if such duration is specified): (i) to access, internally use and display the Website and Content for individual study and use, as necessary to browse and/or participate in the Content and Services as permitted by these Terms; and (ii) to download Content from the Website, Facilities, System and Services so that you may exercise the rights granted to you by these Terms. For the avoidance of doubt, the above licence does not include any right to use any Content from the Website, Facilities, System or Services on a commercial basis. You must at all times abide by and refrain from tampering any copyright notices or restrictions contained on the Website or the Content and Services. You may not delete any attributions, legal or proprietary notices on the Website or the Content.
4.3 You hereby agree to immediately assign to TeachUp Limited, at no extra cost, any Intellectual Property Rights you obtain in violation of this clause 4, and agree to promptly execute any form, power of attorney or agreement to give full effect to this clause. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in connection with any Content, any materials or work product resulting from the Services, Facilities, System or the Website. You hereby also agree not to challenge the validity or ownership of any of TeachUp Limited’s Intellectual Property Rights. You hereby particularly accept that: (i) you are only permitted to use TeachUp Limited’s Intellectual Property Rights for the purposes of and during the term of these Terms and Conditions; (ii) you have and shall have no right to use any of TeachUp Limited’s Intellectual Property Rights other than as a User of the Website or of the Services, and shall have no right whatsoever to allow any third party to use any of TeachUp Limited’s Intellectual Property Rights, or any part of it; (iii) you shall not do or omit to do, or authorise any third party to do or to omit to do, anything which could invalidate or be inconsistent with any of TeachUp Limited’s ownership of or the validity and enforceability of any of TeachUp Limited’s Intellectual Property Rights.
4.4 Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website or resulting from the Services unless otherwise indicated on the Website or unless given Our express written permission to do so.
4.5 We hereby grant the operators of public search engines permission to use web spiders or crawlers to copy certain limited materials from the site for the sole purpose of listing such limited parts of our materials in online search results, but do not allow caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases. Users are not allowed to develop, support or use software, devices or scripts to scrape the content on the Website.
5. Third Party Intellectual Property
5.1 Unless otherwise expressly indicated, all
Intellectual Property Rights including, but not limited to, third party Copyright
and Trademarks, in product images and descriptions used in Content belong to
the manufacturers or distributors of such products as may be applicable.
5.2 You may not reproduce, copy, distribute,
store or in any other fashion re-use such material unless otherwise indicated
on the Website or unless given express written permission to do so by the
relevant manufacturer or supplier.
6. Lawful Educational Use, no Fraud and no Defamation
You agree to use Our Content, Our Website and Our Services only for the lawful educational purposes set out in these Terms and Conditions and your use of Our Content, Our Website and Our Services shall in no way be unlawful or fraudulent, and shall not have the intention or effect of defaming Us or damaging Us either reputationally or financially. You particularly agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or any features that: (i) prevent or restrict use or copying of content; or (ii) enforce any limitations on you, the use of the Website or access to the Content and Our Services or any related material. You agree to only use Our Content, Our Website and Our Services for lawful educational purposes and shall not use them for (i) the sale of access to the Content and Services or any associated content; (ii) the solicitation of business in the course of trade or in connection with a commercial enterprise; and (iii) the solicitation of any other Users or third parties regarding third party commercial activities. We reserve the right to immediately terminate your Account in accordance with clause 11 hereof in case of any violation of this clause.
7. Links to Other Websites
8. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site <online.teachup.org> without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at team@teachup.org.
9. Use of Communications Facilities
9.1 When using any System on the Website you
should do so in accordance with the following rules. Failure to comply with
these rules may result in your Account being suspended or closed:
9.1.1 You must not use obscene, discriminatory,
or otherwise offensive, inappropriate or vulgar language;
9.1.2 You must not submit Content that is
unlawful or otherwise objectionable. This includes, but is not limited to, third-party
owned Content or Content that is abusive, threatening, harassing, defamatory,
ageist, sexist or racist;
9.1.3 You must not submit Content that is
intended to promote or incite violence;
9.1.4 It is advised that submissions are made
using the English language as We may be unable to respond to enquiries
submitted in any other languages;
9.1.5 The means by which you identify yourself
must not violate these Terms and Conditions or any applicable laws;
9.1.6 You must not impersonate other people,
particularly employees and representatives of TeachUp Limited or Our
affiliates; and
9.1.7 You must not use Our System for
unauthorised mass-communication such as "spam" or "junk
mail".
9.1.8 You agree not to knowingly transmit any
data or send or submit any content that contains viruses, Trojan horses, worms,
time-bombs, key-stroke loggers, spyware, adware or any other harmful programs
or similar computer code designed to adversely affect the operation of any
computer software or hardware.
9.2 You acknowledge that TeachUp Limited
reserves the right to monitor, save, transfer and consult any and all
communications made to Us or using Our System.
9.3 You acknowledge that TeachUp Limited may
retain copies of any and all communications made to Us or using Our System.
9.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive all your moral rights therein, including the right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
10. Accounts
10.1 In order to procure Services on this
Website and to use certain other parts of the System, you are required to
create an Account which will contain certain personal details (the submission,
collection, processing, use and transfer of which shall be subject to Our
Privacy Policy, which you declare to have read and approved) and Payment
Information which may vary based upon your use of the Website as We may not
require payment information until you wish to make a purchase. By continuing to
use this Website you represent and warrant that:
10.1.1 all information you submit is accurate
and truthful;
10.1.2 you have permission to submit Payment
Information where permission may be required;
10.1.3 you will keep this information accurate
and up-to-date. Your creation of an Account is further affirmation of your
representation and warranty; and
10.1.4 you are, and will continue to be,
registered for the Website only once and will not set up multiple Accounts.
10.2 Account details are strictly personal,
particularly your username and password, and may not be shared by you with any
other person. We accept no liability for any losses or damages incurred as a
result of your Account details being shared by you. If you use a shared
computer, it is recommended that you do not save your Account details in your
internet browser. If We notice any behaviour patterns (e.g. simultaneous
logins, or logins from multiple IP addresses etc.) which indicate you have
shared or are sharing your Account details with other persons or entities, we
may notify you of such behaviour and hereby reserve the right, at Our full
discretion, to disable your Account at any time, with no duty whatsoever on Our
behalf to reimburse you for any subscribed courses, plans, bundles or
subscriptions. Any such measures shall be without prejudice to any other rights
or remedies we may have against you based on any type of abuse of your Account
or use of your Account not in accordance with these Terms and Conditions or any
applicable law.
10.3 If you have reason to believe that your
Account details have been obtained by another person without consent, you
should contact Us immediately to suspend your Account and cancel any
unauthorised orders or payments that may be pending. Please be aware that
orders or payments can only be cancelled up until provision of Services has
commenced. In the event that an unauthorised provision commences prior to your
notifying Us of the unauthorised nature of the order or payment then you shall
be charged for the period from the commencement of the provision of services
until the date you notified Us and may be charged for a billing cycle of one
month.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account, with no duty whatsoever on Our behalf to reimburse you for any subscribed courses, plans, bundles or subscriptions.
11. Termination and Cancellation of Accounts
12. Services, Pricing and Availability
12.2 Where appropriate, you may be required to select the required Plan of Services and, in accordance with clause 13.4, by selecting a certain plan of Services, you irrevocably agree to pay for such plan of Services using the Payment Information registered for your Account.
12.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
12.4 All pricing information and all specific terms and conditions related to the specific courses and payment plans on the Website, particularly at
12.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
13. Orders, Provision of Services, Payment and Renewal
14. Cancellation of Orders and Services
We want you to be completely satisfied with the
Products or Services you order from TeachUp Limited. If you need to speak to Us
about your Order, then please contact customer care by email at
team@teachup.org or write to us at Our address (see section 1 above). You may
cancel an Order that we have accepted or cancel the Contract, provided that we
shall have no obligation to reimburse you or any payment, fees or costs paid
unless and until We agree to reimburse such in writing, based on exceptional
circumstances.
14.1 If you are a consumer (i.e. a person who
buys goods or services for your own personal end use, thereby excluding any
company, or person acting in a professional capacity) with your habitual
residence within the territory of the European Union, the United Kingdom, or
the United States of America (or any other jurisdiction providing for a similar
right under a mandatory applicable law, evidence of which must be provided by
you), you have a statutory right to a “cooling off” period. This period begins
once your order is confirmed and the contract between TeachUp Limited and you
is formed and ends at the end of 14 calendar days after that date, provided
that for consumers with their habitual residence in the United States of
America, such cooling-off period shall be limited to 72 hours after that date.
If you change your mind about the Services within this period and wish to
cancel your order, please inform Us immediately using the following email:
team@teachup.org. Your right to cancel during the cooling off period is subject
to the provisions of sub-Clause 14.2.
14.2 If the Services are not to begin within
the cooling off period you are required to make an express request to that
effect. By requesting that the Services begin within the cooling off period you
acknowledge and agree to the following:
14.2.1 If the Services are fully performed
within the cooling off period, you will lose your right to cancel after the
Services are complete.
14.2.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing. Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
15. Promotions & Discount Codes
16. Privacy
Use of the Website and use of any data (including personal data) is also governed by Our Privacy Policy (<online.teachup.org/privacy>) and Our Cookie Policy (<online.teachup.org/cookies>) which are incorporated into these Terms and Conditions by this reference, and which you hereby declare to have read and approved. To view the Privacy Policy and Cookie Policy, please click on the links above.
17. Disclaimers, Representations and Indemnities
17.1 Whilst We use commercially reasonable
endeavours to ensure that Our platform, the Website and the Services are
stable, compatible with common consumer computer systems, correct, up-to-date
and non-infringing, We make no warranty or representation of any kind, and
provide no indemnity of any kind, that the Website, Our platform or Services
will meet your requirements, that they will be of satisfactory quality, that they
will be error-free, bug-free, and up-to-date, fit for a particular purpose,
that they will not infringe the rights of third parties, that they will be
compatible with all systems, that they will be secure and that all information
provided will be accurate. We make no guarantee of any specific results from
the use of Our platform, Website or Services.
17.2 No part of this Website is intended to
constitute advice of any kind and the Content of this Website should not be
relied upon when making any decisions or taking any action of any kind.
17.3 No part of this Website is intended to
constitute a contractual offer capable of acceptance.
17.4 Whilst We use reasonable endeavours to ensure
that the Website is secure and free of errors, viruses and other malware, you
are strongly advised to take responsibility for your own internet security,
that of your personal details and your computers.
17.5 You hereby agree to indemnify and keep Us fully indemnified from and against all actions, claims, demands, costs, expenses, liabilities, loss, damages or other monetary relief brought, made or awarded against or incurred by Us resulting (directly or indirectly) from: (i) you submitting Content or materials in connection with the Services or the Website in breach of these Terms and Conditions; (ii) your access to or use of the Website or Content or materials in connection with the Services or the Website in breach of these Terms and Conditions; (iii) any other breach by you of any of these Terms and Conditions; and (iv) any negligent act or omission, deliberate default, fraud or breach of statutory duty on your part.
18. Changes to the Facilities and these Terms and Conditions
We reserve the right to change, update or otherwise amend the Website, the Services its Content or these Terms and Conditions (or the abovementioned Privacy Policy and Cookie Policy) at any time. You will be presumed to have agreed to and be bound by any changes to the Terms and Conditions (or the abovementioned Privacy Policy and Cookie Policy) from the first time you use the Website or the Services following the publication of such changes on the Website. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Website
19.1 The Website is provided “as is” and on an
“as available” basis. TeachUp Limited uses industry best practices to provide a
high uptime, including a fault-tolerant architecture hosted in cloud servers.
We give no warranty that the Website or Facilities will be free of erros, bugs,
defects and / or faults and we do not provide any kind of refund for outages or
corruption of data of any kind. We provide no warranties (express or implied)
of fitness for a particular purpose, accuracy of information, compatibility and
satisfactory quality.
19.2 We accept no liability for any disruption
or non-availability of the Website resulting from external causes or
unforeseeable internal causes including, but not limited to, ISP equipment
failure, host equipment failure, communications network failure, strikes,
pandemic, power failure, natural events, acts of war or legal restrictions and
censorship, or any other case of force majeure under applicable laws.
19.3 You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, the Content and the Services (or any part thereof) to you or to any other Users generally for whatever commercially reasonable motive, at Our sole discretion, without prior notice and without the duty to reimburse you.
20. Limitation of Liability and Cap on Liability
20.1 To the maximum extent permitted by law, We
accept no liability for any direct or indirect loss or damage, foreseeable or
otherwise, including any indirect, consequential, special or exemplary damages
arising from the use of the Website, the Services or any information contained
therein. You should be aware that you use the Website and its Content at your
own risk.
20.2 Nothing in these Terms and Conditions
excludes or restricts liabilities which TeachUp Limited may not exclude or
restrict under mandatory provisions of applicable law.
20.3 Notwithstanding anything to the contrary
in these Terms and Conditions, TeachUp Limited’s liability to any User under these
Terms and Conditions, under the abovementioned Privacy Policy and Cookie Policy
shall be capped at the amount received by TeachUp Limited from such User for
the Services under these Terms and Conditions.
20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver, Invalidity of Clauses, Assignment
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and TeachUp Limited.
24. Communications
25. Law and Jurisdiction
These Terms and Conditions and the relationship between you and TeachUp Limited shall be governed by and construed in accordance with the Law of the Hong Kong SAR and TeachUp Limited and you agree to submit to the exclusive jurisdiction of the courts of the Hong Kong SAR.