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Terms of Service & Use for CodeBytes by BSD Education

Welcome to CodeBytes by BSD Education. CodeBytes by BSD Education is a program of learning for digital skills hosted on BSD Online. Please continue reading to learn about the rules and restrictions that govern your use of CodeBytes and BSD Online and all other products, services and applications made available by BSD from time to time (collectively, the “Services"). Your Agreement includes the terms in this document.

Please read these terms of use (“Agreement") carefully before using the Services offered by BSDCD Ltd. (“BSD" or “we" or “us"). This is a binding agreement between you and BSD. By accessing or using the services in any manner, you agree that you have read and agree to be bound by the terms and conditions of this agreement to the exclusion of all other terms. If you do not unconditionally agree to all the terms and conditions of the agreement, you may not use the Services.

Important—if you are under the age of 18, you must have your parent or guardian read the agreement below and agree to it for you. If you don’t get your parent or guardian to read and agree to this, you don’t have permission to use the Services provided by BSD. Always get an adult’s permission before going online.

You may not sign up for or use any Services provided by BSD as someone you are not; BSD may disable or terminate your account if you do so.

Will these terms ever change?

We constantly try to improve our Services, so we may update this Agreement as we offer new and improved Services. We may modify this Agreement at any time, but we will do our best to bring this to your attention by posting a notice on the Services or notifying you by email. If you don’t agree with the new terms, you may reject them but unfortunately you will no longer be able to use the Services. Your use of the Services in any way following notification by BSD constitutes your acceptance of the terms and conditions as modified. We may suspend or discontinue any part of the Services, or we may introduce new features, impose limits on certain features or restrict access to parts or all of the Services at any time. We’ll provide you notice when we make a material change to the Services that would adversely affect you.

You represent and warrant to BSD that:

    • you are at least 18 years old (or, if you are not at least 18 years old, you have your parent’s or legal guardian’s permission to use the Services, and your parent or legal guardian has read and agrees to this Agreement on your behalf);
    • all registration information you submit is accurate and truthful;
    • you will maintain the accuracy of such information;
    • if you’re agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on the organization or entity’s behalf and bind them to this Agreement (in which case, the references to “you" and “your" in these Terms, except for in this sentence, refer to that organization or entity). You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection, use of, and access to the Services, including ensuring that you have permission to communicate with anyone you choose to interact with through the Services.

This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

Privacy

We take the privacy of our users very seriously. Please read our Privacy Policy, located at https://app.bsd.education/privacy.

Use by children

In the United States, The Children’s Online Privacy Protection Act (“COPPA") requires that online service providers notify parents of children in the United States and obtain their consent before they knowingly collect personally identifiable information online from children who are under 13. We apply the same standards in compliance with this to the management of the data of all of our users who are children.

BSD only collects personal information through the Services from a child under 13 where that student’s parent, school, district and/or teacher has agreed, via the terms described below, to obtain parental consent for that child to use the Services and disclose that personal information to BSD. Except as expressly set forth below, we do not knowingly collect or solicit personally identifiable information from a child under 13.

  • For children under 13 we may collect a child’s name (first name and last initial), age, email address, and the child’s parent’s email address and phone number. We collect these in order to notify the parent that we may contact and communicate with the child for the purpose of providing the Services for which the child’s parent has signed up to use.
  • Where the BSD account of a child under 13 is inactive for at least twelve months (meaning, that account has not accessed and logged onto the BSD Services in that time), BSD’s policy is to delete the personally-identifiable information associated with that child’s account. While we delete the account in these situations, some of the child’s data may persist in the files of BSD’s agents or service providers for some period of time until it is removed from their systems as well.
  • We may collect personal information through the Services from a child under 13 but only in support of the learning environment. For BSD to collect this type of personal information, a student’s parent must agree for that child to use the Services.
  • A student’s school, district or teacher may disclose personal information to us for a legitimate educational interest.
    • If you are a school, district, or teacher, you represent and warrant that you are solely responsible for complying with COPPA, meaning you must obtain consent from all parents or guardians whose children under 13 will be accessing the Services.
    • If you are a teacher, you represent and warrant that you are authorized by your school or district to use the Services. You also represent and warrant that you are entering into these Terms on behalf of your school or district.
    • For more information on COPPA, please click here.
    • If you are a school, district, or teacher providing consent on behalf of parents or guardians, you may be required to provide adequate school credentials and a valid school email address to verify your identity.

If we learn we have collected personal information from a student under 13 other than pursuant to the above, or if we learn a student under 13 has provided us personal information beyond what we request from him or her, we will delete that information as quickly as possible. If you believe that a student under 13 may have provided us personal information in violation of this paragraph, please contact us at codebytes@bsd.education.

Fees and payment

BSD reserves the right to charge fees for content, features and services. We will notify you when we intend to charge for a service or feature. You will always have the choice whether to use those features. If you continue to use any service or feature after you have been notified of any applicable fees, that use constitutes your acceptance of any new or increased fees.

    • When you register for CodeBytes by BSD Education you will enrol in a monthly or annual recurring payment program depending on the payment plan and type of Services that you select.
    • By enrolling in this recurring payment program, you authorize BSD, through its third party payment provider(s) to initiate recurring charges from your specified credit card.
    • Once your enrollment is processed, all payments will be automatically charged to the designated credit or debit card unless you terminate your authorization.
    • Your Authorization can be terminated within 7 days of your initial registration and you will not incur any charges apart from the admin fees charged by the payment provider in order to cancel the account. Any subsequent termination will initiate termination within 30 days of your instruction to terminate the recurring payment to your designated credit card. Any payment that falls within this 30 day period will still be automatically charged to your designated credit card.
    • You have the right to terminate your authorization at any time by logging onto your account at https://bsd.education/codebytes/account.
    • You agree to be bound by any rules your credit card issuer requires for pre-authorized credit card transactions.
    • You are responsible for all fees charged by your financial institution associated with the pre-authorized payment option.
    • You must update all changes to your credit card information by logging into your BSD account at https://bsd.education/codebytes/account. If you do not update your credit card information and BSD is unable to charge your credit card, you may be subject to applicable late fees and any fees or charges assessed by your financial institution.

Through BSD, you may be able to access and use products or services operated by other individuals or companies who are not employed or controlled by BSD (such as, a payment platform to request and/or make payments). If you use any of these products or services, you must review and agree to the additional terms and conditions and privacy policy, as well as pay any applicable fees required to use those products. Any information you agree to provide will be governed by that business’ privacy policy.

Registration and security

As a condition to using Services, you may be required to register with BSD by selecting a password and providing your name and a valid email address. You will provide BSD with accurate, complete, and updated registration information. You may not:

    • select or use the name or email of another person with the intent to impersonate that person
    • or use a name subject to any rights of any person other than you without appropriate authorization.

BSD reserves the right to refuse registration of or to cancel a BSD account in its sole discretion. You will be responsible for maintaining the confidentiality of your account and password. You may not transfer your account to anyone without express prior written consent of BSD.

Violation of any of the foregoing may result in immediate termination of your account, revocation of your ability to use the Services, and may subject you to legal consequences. BSD reserves the right, but will have no obligation, to investigate your use of the Services in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.

Consent to receive periodic messages

As part of the Services, you and your child user(s) of the Services, will receive communications through the Services, including messages that BSD sends you and two-way communication with members of the BSD support team or “Technology Coaches” (for example emails, text messages, and push notifications and messages that originate through our in platform messaging system). BSD may also send administrative messages. By signing up for the services, you agree to receive communications from BSD. If you connect to or use any third party services in conjunction with BSD, you acknowledge and consent to receive notifications and messages from those third party services.

Content

All materials displayed or performed or available on the Services (including, but not limited to text, graphics, data, articles, photographs, images, illustrations, User Submissions (defined below), and so forth (all of the foregoing, the “Content")) are protected by copyright and other intellectual property laws. You may only use the Services for your own personal, non-commercial (meaning, you may not leverage the Services as a separate business) use and only in accordance with the terms of this Agreement and all laws that apply to you.

BSD is not responsible for your use of the Services in any way that breaks the law. You agree you will abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Services, and will not use, copy, modify, publish, distribute, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content, third party submissions or other proprietary rights not owned by you:

  • without the express prior written consent of the respective owners, and
  • in any way that violates anyone else’s (including BSD’s) rights.

In the course of using the Services, you may provide information which may be used by BSD in connection with the Services and which may be visible to certain other users. Anything you post, upload, share, store or otherwise provide through the Services are, together with any related intellectual property rights, are your “User Submissions." You retain ownership of all of your User Submissions.

In order to provide you with the Services, BSD needs to access and use your User Submissions in certain ways. You hereby grant BSD a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable and transferable (only to a successor) right and license to use your User Submissions for any purpose related to providing and/or improving the Services (however, BSD will only share your personally identifiable information in accordance with BSD’s current Privacy Policy).

Because your User Submissions may be viewed or accessed by other BSD users, you grant other BSD users a nonexclusive, worldwide, royalty -free, perpetual, irrevocable, sublicensable right and license to access, view, edit, and use your User Submissions as may be permitted through the functionality of the Services (for example, when you send a message through the Services, the recipients of your message will be able to save, copy, edit and store that message).

All information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such Content originated and that BSD will not be liable for any errors or omissions in any Content. You acknowledge that all Content accessed by you while using BSD is at your own risk and you will be solely responsible for any resulting damage or loss. Under no circumstances will BSD be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with your use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

If BSD knows or becomes aware of a security breach of its users’ personally identifiable information, BSD will notify affected users or post a notice on the Services as required by applicable law(s).

Your restrictions and responsibilities

You warrant, represent and agree that you will not contribute any Content or otherwise use (or encourage anyone else to use) the Services in a manner that:

    • infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of any other third party;
    • violates any law, statute, ordinance or regulation;
    • is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable as reasonably determined by BSD;
    • jeopardizes the security of your account in any way, such as allowing someone else access to your account or password;
    • attempts, in any manner, to obtain the password, account, or other security information from any other user;
    • violates the security of any computer network, or cracks any passwords or security encryption codes;
    • decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services (or the products of BSD’s third party service providers).

BSD reserves the right to terminate access of any third party application or service to our published or unpublished APIs.

BSD reserves the right (but does not have the obligation) to remove any Content from the Services at any time, for any reason (including, but not limited to, if we receive claims or allegations from individuals, companies or authorities relating to that Content or if BSD is concerned that you may have breached the foregoing restrictions), or for no reason at all. You, not BSD, remain solely responsible for all Content that you upload, post, email, transmit, or otherwise provide using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such Content to BSD and to grant BSD the rights to use such information as provided herein.

You will be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, software, and long distance or local telephone service. You will be responsible for ensuring that such equipment or ancillary services are compatible with the Services.

Third party service providers

The Services may contain links to third party websites, products or services that are not owned or controlled by BSD (“Third Party Services"). When you access Third Party Services, you do so at your own risk. BSD encourages you to be aware when you leave the Services and to read the terms and conditions and privacy policy of each Third Party Service that you visit or use.

BSD 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, BSD will not and cannot monitor, verify, censor or edit the content of any Third Party Services. By using the Services, you expressly relieve and hold harmless BSD from any and all liability arising from your use of any Third Party Services.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third parties. You agree that BSD will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between BSD users, or between BSD users and any third party, you understand and agree that BSD is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release BSD, its officers, employees, agents, and successors in rights from claims, demands, and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our service.

Warranty and disclaimer

BSD has no special relationship with or fiduciary duty to you or any user of any Services. You acknowledge that BSD has no control over, and no duty to take any action regarding: which users gains access to the Services; what Content you access via the Services; what affects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release BSD from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites or services containing, information that some people may find offensive or inappropriate. BSD makes no representations concerning any content contained in or accessed through the Services, and BSD will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services. BSD makes no representations, warranties, or conditions regarding suggestions or recommendations of services or products (including Content provided by users) offered or purchased through the Services. Products and services purchased or offered (whether or not following such recommendations and suggestions) the Services are provided as is without any warranty or condition of any kind, either express or implied, from BSD or anyone else. The services, content, and any software are provided on an “as is" basis, without warranties or conditions of any kind, either express or implied, including, without limitation, implied warranties of merchantability, merchantable quality, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free.

Indemnity

You will indemnify, defend and hold BSD, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to or use of the Services, your violation of this Agreement, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Limitation of liability

To the fullest extent allowed by applicable law, in no event will BSD or its suppliers or its service providers, or their respective officers, directors, employees, or agents be liable with respect to the services or the subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory:

    • For any amount in the aggregate in excess of the greater of US$100 or the fees paid by you to BSD hereunder during the 12-month period preceding the applicable claim;
    • For any indirect, incidental, punitive, or consequential damages of any kind whatsoever;
    • For data loss or cost of procurement of substitute goods or services; or
    • For any matter beyond BSD’s reasonable control.
Termination

This Agreement will remain in full force and effect while you use the Services. You may terminate your use of the Services or your account at any time. BSD may disable or terminate your access to the Services or your account at any time, for any reason (for your violation of any term of this Agreement or without cause), and without warning or notice, which may result in the forfeiture of all information associated with your account. Upon termination of your account, your right to use the Services and any Content will immediately cease; however, BSD may retain messaging data or other data and information pursuant to this Agreement, as necessary for auditing purposes, and as required by law. Computer deletion is not an instantaneous process. If you choose to terminate your account, all data will be rendered unavailable to you immediately and your data will be deleted over time as is true of all computer deletion everywhere. Remember that communications with others in which you participated will remain available to those other users. All provisions of this Agreement which, by their nature, should survive termination, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Choice of law and arbitration

This Agreement will be governed by and construed in accordance with the laws of Hong Kong SAR without regard to the conflict of laws provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement will be finally settled in small claims court or by arbitration. By agreeing to these terms, you acknowledge that you may not participate in a class action in court or in arbitration, either as a class representative, class member or class opponent. Accordingly, you acknowledge that you may not have access to a court (other than a small claims court) or to a jury trial. Judgment upon the award so rendered may be entered in a court having jurisdiction, or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party will have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.

Miscellaneous

The failure of either party to exercise, in any respect, any right provided for herein will not be deemed a waiver of any further rights hereunder. BSD will not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond BSD’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by you except with BSD’s prior written consent. BSD may transfer, assign or delegate this Agreement and its rights and obligations without consent. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in writing signed by both parties, except as otherwise provided herein. This Agreement and any subsequent versions of this Agreement posted to the Services will be deemed a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind BSD in any way whatsoever.

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