(Version: September 2022)

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

1. Definition

The terms “AlgoEd”, “we,” “us,” or “our” refer to AlgoEd Limited (a company incorporated in Hong Kong with limited liability) and the terms our “website” or “site” refers to https://www.algoed.co. Unless otherwise defined herein, capitalised terms shall have the same meaning as used in the Web Membership Agreement.

2. Service

AlgoEd provides programs, personalized advice, and resources to help its customers get into universities.

Access to our website, including all materials presented herein and all services provided by AlgoEd, are subject to the following Terms of Use. These Terms of Use apply to all site visitors, Students, Contributors and all other users of the site. By using our site or signing up an account with AlgoEd as a Contributor or Student, (collectively, “Account(s)”) you hereby agree to these Terms of Use.

3. Information about you and visits to our website

We collect, process and use information about you in accordance with our Privacy Policy. By using our website, you consent to such collection, processing and use of your data and you warrant that all data provided by you are true, accurate and not misleading in any respect.

4. Access to and use of our Website

4.1 You may only use our website for lawful purposes. When using our website (including any Account you hold with us), you must not:

a) decrypt, extract, disassemble, reverse-engineer or decompile any part of our website;

b) use our website in any way that is unlawful or fraudulent, or for any unlawful or fraudulent purpose or effect;

c) include any portion of our website in any other software program without our ;

d) develop methods to enable unauthorised parties to use our website;

e) create any modifications or derivative works directly or indirectly using our website, or components thereof;

f) knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware of our website;

g) damage, interfere with or disrupt our website in any way;

h) use our website or information obtained from our website to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);

i) use our website for any purpose that is unlawful, improper or illegal, or in breach of any law;

j) use our website in a way which infringes the rights of or harasses anyone else, that is harmful to, or otherwise restricts or inhibits anyone else's use and enjoyment of our website;

k) use our website to impersonate any person or entity or falsely state or misrepresent your affiliation with a person or entity;

l) post comments about yourself or other parties which are defamatory or libelous or which are not in good faith or in accordance with your honestly held beliefs;

m) use our website for the purpose of harming, offending or attempting to harm or offend another person in any way; and

n) use contact details obtained using our website to harass any person or for any unlawful purpose.

4.2 Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. We will not be liable if for any reason our website is unavailable at any time or for any period.

4.3 We will use our reasonable endeavours to make our website available but cannot guarantee that our website will operate continuously or without interruption or be error-free. You must not attempt to interfere with the proper working of our website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, website, router or any other internet connected device. You are also advised to use the appropriate antivirus software before and during access to our website.

4.4 We reserve the right, at any time and for any reason or none, to suspend or terminate your access to, or use of, our website or any part thereof, including your Account. We may also restrict access to some parts of our website to you.

4.5 Where you choose, or are provided with, a username, code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. Please ensure that you log off your Account when not using our website and ensure that the devices which you use to access our website are securely locked when not in your possession. You must notify us if you have any reasonable suspicion that there has been any unauthorised use of your username, code or password or any other breach of security.

4.6 We have the right to disable any username, code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. We will not be liable for any loss or damage whatsoever resulting from the disclosure of your username, code or password contrary to these Terms of Use.

5. Proprietary Rights

5.1 We are the owner and/or licensee of all copyright and other Proprietary Rights in any material contained on our website.

5.2 You may access any part of our website and download or copy material (by printing off individual pages onto paper) or download material on to disk (but not onto any server or other device connected to a network) for personal non-commercial use only. The Proprietary Rights in such material shall be retained by AlgoEd or, where the material has been licensed to AlgoEd, by the owners of the rights in the material. Copying, distributing or any use of the material contained on our website for any commercial purpose is prohibited.

5.3 Our website contains trademarks which belong to AlgoEd or which have been licensed to AlgoEd by the trademark owners. Any use of these trademarks by you is forbidden unless prior written permission has been obtained from the trademark owner. AlgoEd will take legal action against any individual or organisation which seeks to use AlgoEd' name, material, logos or trademarks for unlawful purposes.

5.4 You may not remove any copyright, trademark or intellectual property notices contained in the original material from any material downloaded or copied from our website.

5.5 Links to our website are not permitted, other than links to the homepage for your personal use, except with our prior written permission. Links to our website from within a frameset definition are not permitted except with our prior written permission.

5.6 You may not create a database by systematically downloading substantial parts of our website.

5.7 Any rights not expressly granted in these Terms of Use, or any document referenced herein, are reserved to AlgoEd.

6. Uploading content to our website

6.1 If you are a Contributor invited to upload or submit any Submissions or if you are a Student who wish to upload or submit any User Content, you may do so via your Account. AlgoEd is not liable for technical, hardware, or software failures of any kind or lost, inconsistent or unavailable network connections that may limit or prohibit Submissions or User Content being uploaded.

6.2 By uploading and submitted the Submissions or User Content to AlgoEd you undertake that, you are the original author of such Submission or User Content and that you are the sole legal and beneficial owner (including all Proprietary Rights relating thereto) free from any and all encumbrances whatsoever. You also undertake to us that you have not plagiarized from any other sources or another person’s work in any of your Submissions or User Content to AlgoEd. AlgoEd reserves the right to require proof that you are the original author of any Submissions or User Content that you upload and request you to provide written evidence of those proof and perform such acts as AlgoEd may reasonably require.

6.3 If you are a Contributor, when you submit or upload Submissions to AlgoEd, you:

a) irrevocably and unconditionally agree to transfer and assign to AlgoEd all right, title and interest in and to any and all the Submissions that you submit or upload to AlgoEd including, but not limited to, any and all Proprietary Rights and Moral Rights that you may have in or with respect to any Submissions;

b) agree and acknowledge that AlgoEd will become the sole legal and beneficial owner of such Submission and shall have the sole and exclusive right to use, store, publish, reproduce, sell, copy, distribute, produce derivative works of, edit, display, broadcast and circulate (on an anonymous basis) any and all such Submissions in part or as a whole, whether for the benefit of AlgoEd, any of its related entities, any end users or Student, or any other third parties; and

c) irrevocably and unconditionally waive and agree never to assert any and all Proprietary Rights or Moral Rights you may have in or with respect to any Submissions against AlgoEd (including but not limited to any action for copyright infringement).

6.3 If you are a Student, when you submit or upload User Content to AlgoEd, you represent and warrant to AlgoEd that:

a) you are the original author and the sole legal and beneficial owner of the User Content you submit or upload to AlgoEd under this Agreement;

b) none of your User Content will violate the Terms or any applicable laws, rules or regulations or rights of other third parties (including any Proprietary Rights); and

c) you are not aware of any existing action or claims or proposed action or claims by any other person to challenge, threaten or cancel any Proprietary Rights of your User Content submitted or uploaded to AlgoEd.

6.4 You agree that you will not upload any Submission or User Content which is illegal, defamatory, obscene, incites prejudice or hatred or which it is unlawful for you to possess in the country in which you are resident, or which it would be unlawful for us to use or to hold.

6.5 If you are not of sufficient legal age and capacity in the relevant jurisdiction which you reside to enter into any agreement and to accept and be bound by all the Terms (including, but not limited to, these Terms of Use), by uploading any Submissions or User Content, you confirm that you have the proper consent and permission of your parent or guardian to do so.

6.6 You warrant that any Submission or User Content uploaded by you shall fully comply with all the Terms (including, but not limited to, these Terms of Use, the Rules for Submission (if you are a Contributor) and the Membership Agreement) and you will be liable to indemnify us for any breach under the aforesaid. If you are in any doubt about your Submission or User Content or whether or not you have your parent's or guardian's proper consent and permission, then you should not upload or submit anything to AlgoEd.

6.7 We shall, to the extent legally permissible, be entitled to disclose your identity to any third party who claims that any Submission or User Content uploaded or submitted by you infringes their rights (including any Proprietary Rights) or violates any applicable laws or regulations.

7. Links to other websites

7.1 AlgoEd may provide links to other websites and resources provided by third parties, and aims to link to websites that we feel will enhance your experience by offering useful information or promotional products and/or services. We only provide links to websites which we hope enhance your experience of using our website.

7.2 The existence of links from our website to external websites does not mean that we endorse or promote those websites, the views of their developers, products or services made available on them. We have no control over the content of those external websites or other third party resources, and accept no responsibility for and exclude all liability that may arise with respect to them or for any loss or damage that may arise from your use of them.

7.3 We fix or remove missing, broken, or redirected links whenever we find them. If you spot anything which isn’t working in the way you would expect it to, please let us know by emailing us at bugs@algoed.co.

8. Disclaimer and limitation of liability

8.1 AlgoEd has taken care to ensure that the information on our website is correct. However, no warranty, express or implied, is given as to: (i) its accuracy; or (ii) its availability, and AlgoEd does not accept any liability for error or omission. AlgoEd is not responsible for how the information is used, how it is interpreted or what reliance is placed on it. We do not guarantee that the information on our website is fit for any particular purpose.

8.2 The content of our website is for general information only and does not constitute any form of advice or recommendation upon which a specific decision should be made. AlgoEd has taken steps to ensure the materials contained on its website are current and accurate, but to the fullest extent permitted by law AlgoEd hereby excludes any warranty, whether express or implied, by statute at common law or otherwise, relating to our website and the material contained on our website. In particular (but without limitation of the above), AlgoEd gives no warranties as to quality, accuracy, timeliness, completeness or fitness for a particular purpose of our website or of the material contained in it.

8.3 To the fullest extent permitted by law, AlgoEd shall not be liable for any claims, costs, penalties, loss (whether direct, indirect or consequential and whether economic or special loss of any nature), damages or expenses arising from the use or from the inability to use our website. AlgoEd does not accept liability from reliance on information or advice contained on our website or from any unauthorised access or alteration to our website by any party.

8.4 Whilst our website may from time to time contain advertising material, AlgoEd does not endorse or accept any liability for any of the products or services so advertised, or for any error or inaccuracy in the advertisements. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on our website complies with all relevant laws and regulations.

8.5 We shall have no liability to you for any loss or damages caused by any event or circumstance beyond our reasonable control, including, without limitation, strikes, lock-outs, or other industrial disputes, breakdown of systems or network access, or flood, fire, explosion or accident.

9. General

9.1 These Terms of Use shall be construed and interpreted in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). The courts of Hong Kong shall have exclusive jurisdiction in relation to any claim, dispute or other matters arising therefrom, without prejudice to AlgoEd's right to bring proceedings in the courts of the country of residence of any user of our website.

9.2 If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms of Use which shall continue to have full force and effect.

9.3 The failure by us to exercise any right or remedy under these Terms of Use shall not constitute a waiver of that right or remedy.