1 Who we are and what we do – these are our Terms
1.1 Welcome! MS English is a Virtual Classroom and Online School software provided at https://www.MSEnglish.online to help educate students from all around the world.
We offer our software and services ("the Product") through our website, web and mobile applications. Our users ("you", "user") are students and visitors to our website.
If you are under 18, you may use the Product only with permission of a parent or guardian. Parents are also considered users if they utilise the Product on behalf of their child(ren).
1.2 By using or accessing the Product you agree to be bound by these terms and conditions ("Terms"). These Terms are important and legally binding so please read them carefully. If you don’t agree to them, you should not use our website or the Product.
1.3 The Product provides for the use of YouTube videos. In order to be compliant, if you use YouTube videos in the Virtual Classroom, you also agree to be bound by the terms and conditions of YouTube found here. If you don’t agree to them, you should not use YouTube inside the Product.
1.4 We reserve the right to update and change the Terms from time to time without notice, and add new features to MS English that will be subject to these Terms. If you continue to use MS English and our product after any changes, you will be taken to have agreed to them.
1.5 We may cancel or suspend your account at any time if we consider (in our absolute discretion) that you have breached these Terms.
1.6 Our Privacy Policy applies to the handling, storage, and use of any personal information you submit to us and forms part of these Terms. We do not knowingly collect, either online or offline, personal information from users under the age of thirteen. You should read our Privacy Policy carefully: https://msenglish.online/privacy-policy.html
1.7 "MS English Content" means files, multimedia that have been uploaded by MS English into the Product.
2 These are your responsibilities
2.1 You are responsible for all activity that results from your use of the product. You agree to use and interact with other users of our platform in good faith.
2.2 You will need to provide certain information in order to complete the signup process to obtain an account. You agree to provide true, accurate and current information about yourself as prompted and to notify us of any changes.
2.3 By creating an account, you agree that you cannot transfer, sell, lease or trade your account without our prior written consent for us.
2.4 You are responsible for any content, messages, multi-media or communications ("Content") you create through your account. We reserve the right to remove any Content which we consider (in our absolute discretion) breaches these Terms. However we are under no obligation to do so.
2.5 We will take reasonable precautions to keep your account secure and protect it from unauthorised access. You agree to keep your account details and password secure and agree not to share your password with anyone else. We will not be liable for any loss or damage if you fail to comply with this security obligation.
2.6 Certain content, products and services available via the Product may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the Content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, Content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
2.7 If you use our Video Recording feature, you agree to the storage of and distribution of such Video Recordings.
2.8 If you use our Homework and or Post-Class Review features, you agree to the storage of, access to, and distribution of such information.
2.9 You agree to fully indemnify us, and keep us indemnified, against all forms of liability, actions, proceedings, demands, costs, charges and expenses which we may incur, be subject to or suffer as a result of your use of our product.
3 Prohibited uses
3.1 You may not use, or assist anyone to use our product:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any national, international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose; or
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
4 Users and user fees
4.1 We reserve the right to refuse the Product to anyone for any reason at any time, including for a breach of clause 5 below (Fair Use).
4.2 We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.
4.3 We may charge you a course or monthly subscription fee for the use of this service as set out in our pricing page or via a quote or communicated by our representatives. This is subject to clause 5 below (Fair Use).
4.4 You are responsible for paying all fees and applicable taxes associated with MS English in a timely manner with a valid payment method that is accepted by us.
4.5 Subscription fees are charged in advance and are non-refundable. A valid credit card number is required to set up and maintain an account.
4.6 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed..
4.7 We use a third party payment services provider, PayPal and Stripe, to process payments. Your credit card information will be held securely and used in accordance with their relevant privacy policies.
4.10 If your payment method fails or your account is overdue, then we may claim against you using collection agencies and legal counsel. We may also suspend your account or suspend your access to the Product until you have paid the full amount.
4.12 Unless otherwise stated, all fees are quoted in U.S. Dollars.
5 Cancelling your account
5.1 You may cancel your subscription at any time by sending an email to info@msenglish.online
6.2 Any cancellation requests will be processed within 14 days of receipt. A cancellation request does not trigger reimbursement of, if appropriate, any time remaining on your account.
7. You indemnify us
7.1 You warrant and represent that you are acquiring the right to access and use MS English and are agreeing to these Terms for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of MS English and/or these Terms.
7.2 You agree to fully indemnify us, our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees for all damage, losses, liabilities, fees, compensation, expenditure, costs and expenses arising out of or in connection with any breach of these Terms, your use of MS English and for any claims made by your users however caused by any act, omission, negligence or advice provided by you or any of your associates, employees, subcontractors, affiliates or representatives.
8. MS English might not always be perfect
8.1 MS English is provided on an “as is” and “as available” basis, and you use it at your sole risk.
8.2 To the maximum extent permitted by law we disclaim and exclude all implied conditions and warranties. To avoid doubt, we do not warrant that (a) MS English will meet your specific requirements, expectations or be fit for your particular purpose; (b) MS English will be uninterrupted, timely, secure, or error-free; (c) MS English will function in every country or geography; or (d) any errors in MS English will be corrected.
8.3 We will try to promptly address (during normal business hours) all technical issues that arise in connection with MS English. However there may be times when MS English is inaccessible.
8.4 From time to time, we may make changes to MS English which may add, modify, and/or remove features. We will endeavour to let you know about these changes in advance, but these updates may be pushed out automatically without notice.
8.5 You acknowledge that the Internet is inherently insecure. You accept the risk that any information transmitted over the Internet or through email may be intercepted, subject to unauthorised or fraudulent access.
8.6 You agree that we will not be liable for any direct, indirect, incidental, special, or consequential loss (including but not limited to loss of data, profits and anticipated savings) resulting from the use of, or the inability to use, MS English. If we are held to be liable to you for any reason, then our liability to you is limited to an amount equal to the average fees paid by you to us for two months for any single event or related series of events.
9 We own any intellectual property in MS English
9.1 You agree that we own all of the intellectual property rights existing in MS ENGLISH, improvements to the software, enhancements, modifications or adaptations. You agree not to, and will not permit or encourage any third party to, copy, reproduce, modify, adapt, reverse-engineer or decompile MS English in whole or in part.
9.2 You may not publish or use MS English’s brand, branding or logos except with our prior written consent.
9.3 We do not claim ownership of any intellectual property rights in relation to the information or Content you upload to MS English that is not already our property. You agree to grant us a royalty-free licence to use it for the purpose of operating MS English and otherwise as set out in our Privacy Policy. You agree that Content you upload to MS English will not contain any information which breaches any obligations of confidentiality or proprietary rights of a third party.
10 This is a legal agreement, so some general provisions apply
10.1 These Terms shall be governed by the laws of England & Wales, and all users submit to the exclusive jurisdiction of the England & Wales courts for any matter or dispute arising in relation to these Terms.
10.2 These Terms represent the entire agreement between you and us in relation to the use of MS English unless we have mutually agreed and signed a separate fixed term agreement.
10.3 If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full effect.
10.4 If we do not exercise or enforce any right available to us under these Terms, it does not constitute a waiver of those rights.
10.5 All communication between us and you must be made by email. All email communication is deemed to have been received at the time it is sent (unless the sender receives notice that the email failed to send).
11 Contact us
11.1 If you have any questions about these Terms, the practices of MS English or if you would like to give us feedback or notice, you can contact us by email at info@msenglish.online
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