Terms and Conditions
  • Acknowledgement and Acceptance
    1. Acknowledgement of the Terms & Conditions
      1. EDU DYNAMIX Service (as defined below) is provided by ACTIVE LEARNING SOLUTIONS LIMITED (“We”) under this Terms of Use (the Terms). When you use EDU DYNAMIX Service, you agree that you have read, understood, and consented to all the content stated in the Terms. If you are a minor, you should make sure your parents (or guardians) read, understand and agree you to comply with the Terms in full before you start using EDU DYNAMIX Service.
      2. You understand and agree that, when you use EDU DYNAMIX Service, your intent may be declared electronically. For example, when you click “agree” or “confirm” button on our App pages, it is an official declaration of your intent.
      3. We reserve the right to modify or amend the Terms due to service adjustment or changes of relevant local laws and regulations. Please visit the Terms from time to time. Your continued use of EDU DYNAMIX Service after any such modification or amendment constitutes your or your parent’s (or guardian’s) acceptance of the new Terms.
    2. Definitions
      1. “Software” or “Application(s)” or “Apps” means software or applications developed by us and/or our affiliates, including, but not limited to, all updated versions, any supplemental and/or external apps and/or software subsequently provided by us.
      2. “Member(s)” means a user who has completed the membership registration process.
      3. “Payer(s)” means a person who is a Member or a non-Member (as an authorized agent or otherwise with lawful authorization) purchasing our paid products or services through a Member’s Account.
      4. “Member’s Account” means an online account given to a Member (together with password) upon our verification of their personal particulars and completion of the registration process or a ModernPass account given to a User, through which a Member or a User can use his or her password to log in and access to our Services, Software and Applications.
      5. “Content” means games, information, communications, products, texts, photographs, videos, images, music, recordings and/or other items made available through our Services by Content Provider.
      6. “Content Provider” means any individual or company who has entered into content supply agreements with us and provides the above-mentioned Content to EDU DYNAMIX Service.
      7. “Service” means any and all free or paid services provided by us through the Internet and/or Software and/or applications, including searching, streaming, downloading, community and other subsequently developed services. Please refer to our website for further service details.
      8. “You” means anyone who agrees and accepts the Terms.
    3. Users’ Duties & Obligations
      1. Authentic Information Obligation You agree to provide accurate, complete and authentic personal particulars for registration, and you may update such particular online at any time. If you provide incorrect or misleading personal particulars that cause damages to damages to the rights or interests of other users or third parties, we may terminate your Membership and use of Services, and you shall be solely responsible for the relevant legal liabilities and/or damages.
      2. Duties & Obligations in Using Services
        1. You must not use our Services and/or Software and/or Applications to reproduce, copy, sell, trade, re-sell the Content thereof or for any commercial purposes.
        2. You must not use our Services and/or Software and/or Applications to communicate or publish articles or images that are abusive, defamatory, indecent, obscene, offensive on in any way violates the laws or regulations. You also agree to comply with the Terms, community rules, internet ethics and the relevant rules and regulations.
        3. You agree to fully respect intellectual property rights of others and shall not publish any text, image or file in any format that may infringe the intellectual property or other rights of others when using our Services and/or Software and/or Applications.
      3. Account Security Obligation
        1. Member’s Account shall be used by Member only. Member shall only use our Services, Software, Applications and Content in accordance with the Terms and shall not allow any third party to access, unlawfully reproduce, distribute, sell, publicly transmit and/or use in any other way our Services, Software, Applications and Content.
        2. You are obliged to properly safeguard your Member’s Account details, passwords and other relevant information. You shall be fully liable for any and all acts and/or activities, including all related fees, carried out under your Member’s account.
        3. If You discover any unauthorized use or unusual access to your Member’s Account, you should report to us immediately and protect your personal interests through appropriate legal means. If necessary, we will ask you to provide the relevant personal data and have the right to take charge of the account in dispute.
        4. If unlawful use of Member’s Account and passwords is caused by your negligence or third parties’ use of the accounts with your consent, and causes damages to the interests of us or other users, you shall be solely responsible for the relevant legal liabilities and/or damages.
    4. Software License & Restrictions
      Subject to your continuous compliance of this Terms and the additional terms and conditions imposed by the relevant Software, Applications and Services, you are authorized to use our Services, Software and Applications. If we are aware of any breach, we may suspend or terminate your right to use the Software, Applications and Services.
      1. You are authorized to use Software and Applications to search, stream, download, share among community the Content and access to the other our subsequently developed Services, but you are not allowed to modify, sub-license, lease, sell or assign any of the rights granted under the Terms. You also agree to comply with all relevant laws and regulations and use the Software, Applications and Services for lawful purposes only.
      2. You are only authorized to use the Software and Applications. The intellectual property rights of all Software, Applications and relevant program codes are owned by us. You are prohibited from modifying, reverse engineering, reverse coding, decompiling (into a human readable format) or dissembling the Software and Applications, impeding or interfering with other user’s enjoyment of the Software, Applications and Services, or disseminating through the Software, Applications and Services virus or other malwares which are harmful to the others’ computer operation, software, applications or contents which are in breach of the Terms and any content which may infringe the others’ intellectual property rights or other rights.
      3. Each Member’s Account is only authorized to be accessed from three personal devices (including mobile phone, computer, tablet computer, etc). Members can change the settings of their personal devices through our administration system. We reserve the right to modify our administration system as well as the mode and number of changes.
      4. We will take all necessary steps to prevent you from using the Software and/or Applications and/or Services in a manner which is in breach of the Terms or the relevant laws and regulations.
      5. The Services provided are only for personal use. If you intend to use the Services in public, please acquired necessary rights for your public use, such as public broadcasting, public transmission, public performance and etc., from the Content Providers.
    5. Obligations of Content Providers and Third Party Service Provides
      1. Content Providers shall be fully responsible for their Content, and shall solely be liable to you and/or any third party for any and all losses and/or damages resulting from Content. We shall not bear any liability whatsoever.
      2. The terms shall not govern any third party service dispute or any dispute not resulting from Service and/or Software and/or Applications between you or Payer and any third party service provider, provided, however, that such privity exists only between you or Payer and the third party service provider, and therefore we shall not be liable.
    6. Privacy and Personal Data Protection
      Please refer to our (Privacy and Personal Data Protection Policy) for details.
    7. Intellectual Property Rights
      1. You are only authorized to use the Services, Content, Software and Applications, and do not acquire from us the copyright, trademark, patent and/or any other proprietary right in the Services, Content, Software, Applications, text files and any program codes, whether stored in disc, readable storage media or any other media, provided by us. For the avoidance of doubt, all rights are reserved by us unless expressly granted to you under the Terms.
      2. You acknowledge that our Services, Content, Software, Applications and technology are protected by the relevant laws of their respective licensed territories and agree not to remove or modify any digital right management information, anti-piracy measures or symbols of other rights (including but not limited to patent right and trade mark right) or software, or Applications, which are contained in the Services, Content, Software and Applications.
    8. Limitation of Liability
      1. Any information, content, software, applications or services provided by us through Software and/or Applications and/or Services will be provided AS IS at the time of provision. We do not guarantee or warrant the format and content of our Services in the event of Internet connection failure, delay or other relevant communication defect.
      2. Unless otherwise expressly stated in the law, in no event, shall we and/or our authorized agents t be liable for any loss or damages, including losses caused by the use of Software and/or Applications and/or Services, the failure to use Software, and/or Applications, and/or Services, and/or other direct, indirect, accidental, special or consequential losses, including but not limited to loss of business profits, business loss, business interruption, business information loss and any other monetary loss.
      3. We will not warrant and be liable for any damages or defects arising out of any and all intentional or negligent act of Content Provider, hardware supplier, and/or users.
    9. Amendment and Termination of Terms of Use
      We reserve the right to amend the Terms from time to time. The amended Terms will immediately come into effect once they are announced on our website and we will not separately notify you or each Member. After we announce the amended Terms on our website, you will be deemed to have accepted the amendments when you continue to use our Software, Services and Applications. Either you or we may suspend or terminate the right to use the Services, Software and Applications at any time.
    10. Governing Law and Jurisdiction
      1. The Terms shall be construed, supplemented and applied in accordance with the laws of HKSAR.
      2. If there is any discrepancy between the Chinese version and the English version of the Terms, the English version shall prevail.
  • Payment Method
    1. Mode of Payment
      1. Payment by credit card: You agree to authorize us to charge your designated credit card based on the chosen content of services and charging mechanism.
      2. Small payment through third party service providers and payment agents: If you agree to process payment through a third party service provider or a payment agent, you agree to process Members’ spending through their services and agree to comply the spending mechanism settings of the respective service providers and agents and their agreements with you. Under such circumstances, we are not involved in the payment relationship between you and the service providers and the rights and obligations associated therewith. Upon receiving the payment confirmation under the relevant payment mechanism, we consider the payment is made or duly authorized by you.
    2. Rights and Obligations
      1. You shall pay by your own credit cards or payment tools. If you pay by others’ credit cards or payment tools (e.g. Small Payment Account), we consider that you are duly authorized to do so and the Payers have full knowledge of the payment. Members and the Payer are entitled to access the Member Account, terminate the payment or modify the Payer’s personal particulars.
      2. There will be no refunds given once payment has been made.
      3. If either you or the payers are accused for any unlawful acts, we shall collect your personal data and process the payment dispute in accordance with the Terms. You and the payers shall not breach the Terms or infringe third parties’ rights; otherwise you shall bear the relevant liabilities.
      4. When you use a credit card for payment, we shall have the right to terminate the transaction if the designated credit card is expired, reported lost or stolen, refused by the issuing bank, and/or if our request for payment is denied for any other reasons.
      5. You and the payer should exercise the duty of care of a prudent person and properly safeguard your personal data and the important particulars of the credit card or other third party payment service and must not disclose or provide such information to third parties. You and the payer shall be solely responsible for any losses resulted from intentional or negligent disclosure of such information to other parties or unauthorized use by third parties passing off as a member.
      6. When you have doubts about the fees payable, we are still entitled to deduct the billed amount from your designated credit card. If there is any excess or insufficient payment, we will automatically deduct or add the relevant fees in the next bill.
      7. Any dispute between you and the third party service provider or payment agent concerning the payment mechanism, including but not limited to changes and modification of payment accounts, etc., is independent from the Terms and shall be resolved by you and the respective party through negotiation and the corresponding legal liabilities shall be borne by you and the respective party.
      8. If you need to change your credit card details or terminate the auto-payment authorization, Members shall inform our customer service by phone or email. Such changes or termination of authorization will take effect on the next payment date.
  • Community Rules of Use
    You shall read carefully and comply with the following rules.
    1. Notes
      1. Unless explicitly stated otherwise, the content of EDU DYNAMIX community service rated G for the general public under. If you discover any inappropriate content, please contact our customer service.
      2. You must respect intellectual property rights of others. Consent of the copyright owner must be obtained before using a copyrighted work (including but not limited to texts, images, music or films, etc.). The source and the author’s name shall be cited when using a copyrighted work.
    2. Restrictions
      1. The following acts are prohibited in using EDU DYNAMIX community service:
        1. Sending or publishing texts, hyperlinks or pictures of commercial advertisements;
        2. Sending or publishing hyperlinks containing unlawful information, including pirated software, illegal files downloading, sale of firearms, drugs or illicit drugs, false information which induces others to commit crime, and/or other unlawful information;
        3. Sending or publishing links of practical jokes or computer viruses;
        4. Using texts that are indecent, obscene, violent or otherwise in breach of morality, or using improper contents that are harmful to other’s reputation or constitute a malice attack, harassment or defamation of the others, including abusive language;
        5. Uploading indecent, restricted or pornographic images;
        6. Posting maliciously, publishing an excess amount of messages repeatedly, or publishing contents that interfere with the good order or constitute a personal attack on other Members;
        7. Disclosing the other’s personal data, including real name, telephone, residential address, or private information, including diary, letters, personal photograph without consent;
        8. Using the other’s creative work without authorization which infringes trade mark, copyright, patent and/or other intellectual property rights;
        9. Abusing the complaint system, including filing false complaints for more than three times; and/or other acts that we reasonably consider as a violation.
      2. In the event of any violation of the acts specified above, we may, without notice, suspend your use of EDU DYNAMIX community service
    3. Suspension and Complaint
      1. The procedures of suspension of your use of EDU DYNAMIX community service are set out below. Any of the acts infra constitutes material breach of Community Term of use, and upon such breach, we may, without notice, suspend your use of EDU DYNAMIX community service.
        1. Violation of the above restrictions for three times;
        2. Involvement in any unlawful transaction or unlawful act through the use of EDU DYNAMIX Community Service;
        3. Passing off as our personnel to deceive other users and jeopardize the interests of other users;
        4. Dissemination of false rumors which adversely affect other users’ interests; or
        5. Other acts that we consider seriously detrimental to the interests of other users and EDU DYNAMIX.
      2. In the event that a wrongful suspension is caused by an improper complaint, you may, within 7 days upon being suspended, raise an objection through “EDU DYNAMIX Customer Service.”
      3. We will amend and supplement EDU DYNAMIX Community Rules of Use on a need basis. The newly added violation provisions shall have no retrospective effect upon the past record of violation.
    4. Personal Security Measures
      1. You shall pay attention to the following personal security measures to protect their own rights and avoid jeopardizing their interests:
        1. Do not exchange personal private information with unknown Internet users;
        2. Avoiding using public computers in the public places; and/or
        3. If sharing a computer with others, please log out from EDU DYNAMIX Member’s Account when leaving or after use.
  • Miscellaneous
    1. The Terms constitute an agreement between you and us.
    2. Where any provision of the Terms, whether in part or in whole, is held invalid, the effect of the remaining provision shall remain unaffected.
    3. A one-day review period has been given to you for this agreement. If you do not agree with any provision of the Term, please DO NOT use EDU DYNAMIX service and/or Software and/or Applications.
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