“English Galaxy”, educational learning courseware, that in its full form with all supplementary parts and/or “Services” include: i. a digital application, ii. the web portal, iii. physical and/or printed teaching materials and miscellaneous multimedia, and iv. in-class teaching application is owned and operated by “Tangor Technology Limited” (the “Company” or “We” or “Us” or “Our”). These Terms are the binding legal Agreement (the “Terms”) governing all Users (“You” or “Your”) of the websites (the “Site/s”), applications (“App/s”) and products and Services that link to these Terms (the “Service/s”). In addition to these Terms, Your Agreement with Us includes the specific Policies and additional Terms (the “Agreement”) that apply to any Services You use within English Galaxy. As a User, if You do not agree to all of these Terms, please do not use the Services.
By registering your account/s, purchasing subscription/s, or accessing and using any of the services, you are agreeing to be bound by these terms, and any additional contractual agreements for B2B solutions, if applicable.
Use of the Services is subject to the Privacy Policy, located at https://edu.nd.com.hk/english-galaxy/privacy
Whenever We refer to the “Agreement” We mean these Terms, including the Privacy Policy and other policies posted on the Site or provided in connection with the Services.
It is stressed that should any Personal Information from Child Users under 13 be given to Us without parental, legal guardian or authorized educational representative consenting from a person of at least 18 years of age (“Adult User” or “Adult”), We are to be notified directly for Our attention by emailing Our Data Protection Officer (“DPO”): dpo@englishgalaxy.net at the earliest time for Us to delete such data, regardless whether it has been given by the Child User under 13 or by any other party. In all circumstances, We require to obtain clear and verifiable Adult consent before receiving Personal Information from children under 13 (“Child User” or “Child”). In the event of learning that any Personal Information is provided or collected from Child Users under 13 without Adult consent obtained, We will delete the data as soon as possible without delay.
If You are a Child under the age of 13, You must have an Adult User set up Your account by giving consent of Your participation and agree to these Terms for You. Parents, legal guardians, and authorized school officials must affirm that they are fully able and competent to enter into the Terms and agree to these Terms.
You understand that all information publicly posted or privately transmitted through the Services, whereby applicable, is the sole responsibility of the person or User/s from which such content originated from and that the Company will not be liable for any harassments, errors or omissions in any content. You understand that the Company cannot guarantee the identity of any other User/s with whom You may interact within the course of using the Services.
You are responsible for all of Your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of Your right to access or use the Services immediately and We shall not be liable to You or any third party for any termination of Your access to the Service.
We are constantly developing Services. This means that We may reasonably change or discontinue any aspect of the Services without notice or liability to You. In addition, We may change all or part of the Agreement at any time, including these Terms. We will post any changes to these Terms on the Site.
Each account for Child Users must be set up by a designated parent, legal guardian or authorized school official of at least 18 years of age. The Adult acting on behalf of Child Users or themselves as the Adult User is at all times responsible for payments and all use on the account, including to protect the confidentiality of account information and passwords. Please notify Us if You have lost control of Your user name or password or You suspect there is unauthorized activity in the account.
Your continued use of the services will constitute acceptance of the changed terms.
We may change the amount of fees, if applicable, at any time or the end of Your subscription period, provided that, We will first notify You by email, posting on Our website or notifying You via an in-app notification. Please note that We do not provide price protection or refunds for individual Users and subscribers, or Business to Business (B2B) clients.
The cancellation procedures will be set forth on the platform where You purchase or set up Your account.
If You purchase a subscription through a bundle subscription partner, such as an educational institute or approved reseller, You may cancel according to the process outlined by the party.
For cancellations of Service or subscription, it is the User’s responsibility to cancel any periodical subscription before it renews to avoid billing of the next renewal subscription fee with the primary original service provider You purchased English Galaxy from, which will be either Us, an educational institute or approved reseller. Refunds cannot be claimed for any partial subscription period or once the next subscription period is charged. In all circumstances, You should contact the original service provider for Your purchase of English Galaxy and/or its products for any cancellation or renewal issues.
We are not related to or affiliated with Apple, Inc., Google, Inc. or other app stores and do not offer refunds or partial refunds for discontinuation of Service or physical elements of parts relating to the Service or English Galaxy directly purchased from the aforementioned portals. Any purchase of the Service or English Galaxy made via the aforementioned portals involving refunds or returns are between the User and the original seller that You have made the purchase from. In addition, We do not offer refunds or partial refunds for discontinuation of Service or purchasing physical elements or parts relating to the Service or English Galaxy that Users shop from sellers not managed by Us.
If You have any concerns that UGC breaches any of these requirements or other basis by which You want Us to take down content, then please contact Our DPO at dpo@englishgalaxy.net.
Subject to Your compliance with these Terms, We hereby grant You permission to use the Services solely for Your personal, non-commercial use, and in case of educational institutes and schools, solely for educational use (i.e. teachers may use the Services for educating their students only without reselling to external students). Company retains all rights, title, and interest in the Services, including all technology and processes, enhancements or modifications thereto, trademarks, Service marks, Site design, text, video, graphics, logos, images, and icons, as well as the arrangement thereof.
You acknowledge that the Services contain proprietary content, information, and material protected by applicable intellectual property and other laws, including but not limited to copyright laws. Except for rights expressly granted in the Agreement, nothing in the Agreement grants You any right, title or license. Except as otherwise required or limited by applicable law; any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited.
Use of any third party trademarks or third party content on or in connection with the Services does not constitute an affiliation with or endorsement of these third parties. Nothing in the Agreement grants You any license to third party trademarks or content, which shall remain the property of their respective owners.
The Services may contain links to third-party websites or services (“Third Party Services”) that are not owned or controlled by the Company, or the Services may be accessible by logging in through a Third Party Service. When You access Third Party Services, if applicable, You do so at Your own risk and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. You hereby represent and warrant that You have read and agree to be bound by all applicable policies of any Third Party Services relating to Your use of the Services and that You will act in accordance with those policies in addition to Your obligations under this Agreement. The Company has no control over and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any Third Party Services. In addition, the Company will not and cannot monitor, verify, censor or edit the content of any Third Party Service. By using the Services, You expressly relieve and hold harmless the Company from any and all liability arising from Your use of any Third Party Service.
COMPANY PROVIDES THE SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED, OR STATUTORY. THE COMPANY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES. THE COMPANY MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THIS DISCLAIMER IS MADE TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT WHATSOEVER SHALL THE COMPANY, ITS AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, INCLUDING BUT NOT LIMITED TO LOSS OF SALES, PROFIT, REVENUE, GOODWILL, OR DOWNTIME, (ARISING UNDER TORT, CONTRACT, OR OTHER LAW) REGARDLESS OF SUCH PARTY’S NEGLIGENCE OR WHETHER SUCH PARTY KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU UNDERSTAND AND AGREE THAT THE DOWNLOAD OF ANY MATERIALS IN CONNECTION WITH SERVICES IS DONE AT YOUR DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU WILL INDEMNIFY AND HOLD THE COMPANY, ITS AFFILIATES, OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, OR REPRESENTATIVES HARMLESS.
THE COMPANY NEITHER ASSUMES NOR DOES IT AUTHORIZE ANY OTHER PERSON TO ASSUME ON ITS BEHALF, ANY OTHER LIABILITY IN CONNECTION WITH THE PROVISION OF THE SERVICES. COMPANY’S LIABILITY HEREUNDER IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
You will indemnify, defend the Company, its affiliates, officers, directors, shareholders, employees, contractors, licensors, licensees, agents, and representatives (the “Covered Entities”) against all liability, claims, costs, damages, settlements, and expenses (including interest, penalties, attorney fees and expert witness fees) (“Liabilities”) incurred by any Covered Entity in any way arising out of or relating to the Services and any failure to comply with this Agreement. Company reserves the right, at Your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with the defense of such claim.
We do not want to receive information that is confidential or proprietary. If You send Us feedback, suggestions, content or ideas of any kind, including potential improvements to the Services, We may use such suggestions, content and/or ideas for any or all purposes, with no compensation or attribution to You.
This Agreement will not be construed against either party as the drafter.
You are responsible for being informed about and complying with all laws, rules, and regulations that apply to Your use of the Services.
Your registration and use of the Services constitutes consent to receiving important electronic communications from Us. You agree that any such communications from Us satisfy any legal requirements, such as that notice be provided to You in writing via email or post, if applicable. You also consent to receive promotional messages, offers, surveys, and requests electronically. If You no longer want to receive non-transactional communications, You may unsubscribe or terminate Your account from Our Service at any time.
As stated above, the Agreement includes these Terms and any additional Terms You enter into with the Company. The Agreement is the entire Agreement between You and the Company and it replaces any other Agreement between Us on this subject. Aside from the right of the Company to make changes, any amendments to the Agreement must be in written format signed by both parties. You cannot assign the Agreement without the written Agreement. We can assign the Agreement to any entity that agrees to be bound by the Terms of the Agreement.
The Agreement is governed by the Hong Kong Special Administrative Region of the People’s Republic of China (HKSAR) law, excluding its choice of laws principles. The exclusive venue for any litigation arising from or related to the Services shall be the courts of HKSAR.
If any part of the Agreement is invalid, illegal or unenforceable, that condition will not affect any other provision of the Agreement. A delay or failure to require performance of any provision will not constitute a waiver of any rights and will not impede the ability to enforce that provision later.
Contact Information:
Tangor Technology Limited
Unit 2001 – 2005 & 2011, 20/F, Harbour Centre
25 Harbour Road
Wan Chai
HONG KONG
dpo@englishgalaxy.net
We are not responsible for notices that are not labeled or sent improperly. Please allow up to thirty days for replies to these notices.
These Terms and Conditions were last updated on 19 March 2019.
