Terms or Service

All references to “the Company“, “we“, “us” and “our” in these terms and conditions are deemed to refer to Mooidev Ltd t/a Edu-Emporium, with registration number C21182701. All references to “you” and “your” are deemed to refer to any user and/or visitor of www.edu-emporium.com (“Website“).
These terms and conditions (“Terms of Service”) govern your access to and use of Edu-Emporium products, software, services, and web site (collectively “Services”), and any and all information, text, graphics, photos or other materials uploaded, downloaded, or appearing on the Services (collectively “Content”). By accessing and using the Services, you are agreeing to be bound by these Terms of Service. If you do not agree to be bound by these Terms of Service, you are not allowed to use the Services. Wherever used in these Terms of Service, “you”, “your” or similar terms mean the person or legal entity utilizing or accessing the Services.
Edu-Emporium may update and change the Terms of Service from time to time without notice. Continued use of the Service after any such changes shall constitute your consent to such changes. You are responsible for regularly reviewing the most current version of the Terms of Service which are currently available Edu-Emporium web site.
Apart from these Terms of Service, Edu-Emporium’s Privacy Policyare also currently available at Edu-Emporium web site. By accessing and using the Services you are consenting to (or promising that you have obtained appropriate consent for) the collection and use of personal information by Edu-Emporium in accordance with Edu-Emporium’s Privacy Policy.
Edu-Emporium IS ONLY WILLING TO PROVIDE THE SERVICES TO YOU UPON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS CONTAINED IN THIS AGREEMENT. PLEASE READ THIS AGREEMENT CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS AND REMEDIES.
Basic Terms
You are responsible for your use of the Services and for any Content accessed or made available to others through your account (even if that Content is accessed or made available by others). You take all risks associated with the Services and any Content accessed or made available to others through your account. Edu-Emporium will not be held responsible for your use of the Services or for any such Content.
To access or use the Services, you must be able to form a binding contract with Edu-Emporium and you must not be prohibited from receiving the Services under the U.S. or any other applicable laws.
You acknowledge that the Services allow you to access and use content and services offered by third party service providers (including but not limited to; Twitter, Facebook) (“Third Party Service Providers”). You must agree to comply with the relevant terms and conditions of any such Third Party Service Provider.
Your access to and use of the Services must be in accordance with these Terms of Service. If you violate these Terms of Service, you are no longer permitted to use the Services and Edu-Emporium may (but has no obligation to) terminate your ability to access or use the Services at any time.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the account process.
You are responsible for maintaining the security of your account login information and for any activities or actions occurring under your account. Edu-Emporium encourages you to use a “strong” password (passwords that use a combination of upper and lower case letters, numbers and symbols) for your account. Edu-Emporium will not be responsible for any loss or damages resulting from your failure to comply with this obligation.
Each account login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for your account for as many people as you’d like.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
Content
You understand that by using the Services you may be exposed to Content that might be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive. Edu-Emporium does not pre-screen Content and cannot be responsible for the Content accessed or made available to others through the Services,
Edu-Emporium and its designees have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Services. Edu-Emporium may (but has no obligation to) remove Content and accounts containing Content that Edu-Emporium determines in its sole discretion to be unlawful, offensive, harmful, inaccurate, or otherwise inappropriate or deceptive (including Content that Edu-Emporium determines in its sole discretion to: (a) be libelous, defamatory, pornographic, obscene, or otherwise objectionable; or (b) violate any party’s intellectual property).
Edu-Emporium does not permit verbal, physical, written or other abuse (including threats of abuse or retribution) of any Edu-Emporium customer, employee, member, or officer. Engaging in any such behaviour may at Edu-Emporium’s sole discretion result in the immediate termination or your account.
You must not upload, post, host, transmit or otherwise make available to others unsolicited email, SMS, or “spam” messages through the Services.
You must not transmit or otherwise make available to others any worms or viruses or any code of a destructive nature (“Viruses”) through the Services.
Use and Restrictions
You may only use the Services to: (a) access Content on Edu-Emporium website; and (b) access, manage and obtain information about your accounts with Third Party Service Providers in accordance with these Terms of Service and any terms specified by the Third Party Service Providers.
You may not access or search or attempt to access or search the Services by any means (automated or otherwise) except through Edu-Emporium’s currently available interfaces.
You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other laws applicable in EU or applicable to you.
You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else. This restriction applies to any use that interferes or attempts to interfere with the normal operations of the Services, including by hacking, deleting, augmenting or altering the Services or any Content.
You may not, without Edu-Emporium’s prior written permission (including the permissions granted by these Terms of Service): (a) copy, distribute (including by framing any of the Services on any web site), modify, enhance, translate, reproduce, sell, resell, sublicense, rent, lease, or otherwise attempt to exploit the Services; (b) decompile, disassemble, reverse engineer, or otherwise attempt to discover the source code (except to the extent that this restriction is expressly prohibited by law); (c) make derivative works of the Services; or (d) modify another website so as to falsely imply that it is associated with the Services, Edu-Emporium or any other Edu-Emporium products or services.
Edu-Emporium Properties can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Edu-Emporium intends to announce such Services or Content in your country. Edu-Emporium Properties are controlled and offered by Edu-Emporium from its facilities in the United States of America. Edu-Emporium makes no representations that Edu-Emporium Properties are appropriate or available for use in other locations. Those who access or use Edu-Emporium Properties from other countries do so at their own volition and are responsible for compliance with local law.
Use of Services
1. The Edu-Emporium Website, the App, the Services, and the information and content available on the Website and in the Edu-Emporium App and the Services (collectively, the “Edu-Emporium Properties”) are protected by copyright laws throughout the world. Subject to the Terms, Edu-Emporium grants you a limited license to reproduce portions of Edu-Emporium Properties for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Edu-Emporium in a separate license, your right to use any Edu-Emporium Properties is subject to the Terms.
2. Subject to your compliance with the Terms, Edu-Emporium grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Edu-Emporium App on a single mobile device or computer that you own or control and to run such copy of the Edu-Emporium App solely for your own personal or internal business purposes. Furthermore, with respect to any Edu-Emporium App or App accessed through or downloaded from the Apple App Store and Google Play (a “Store Sourced App”), you will only use the Store Sourced App as permitted by the “Usage Rules” set forth in the Apple App Store and Google Play Terms of Services.
3. You understand that Edu-Emporium Properties are evolving. As a result, Edu-Emporium may require you to accept updates to Edu-Emporium Properties that you have installed on your computer or mobile device. You acknowledge and agree that Edu-Emporium may update Edu-Emporium Properties with or without notifying you. You may need to update third-party software from time to time in order to use Edu-Emporium Properties.
4. As a part of Edu-Emporium Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Edu-Emporium to monitor such materials and that you access these materials at your own risk.
5. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Edu-Emporium Properties or any portion of Edu-Emporium Properties.
6. Any future release, update or other addition to Edu-Emporium Properties shall be subject to the Terms. Edu-Emporium, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorised use of Edu-Emporium Properties terminates the licenses granted by Edu-Emporium pursuant to the Terms.
7. In order to access certain features of Edu-Emporium Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a user who has registered an account on the Website or Edu-Emporium App (“Account”), or has a valid third-party e-commerce platform account through which you may connect to the Website or Edu-Emporium App (each such account, a “Third-Party Account”).
8. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account or any App, and you further acknowledge and agree that, except with respect to Your Content, all rights in and to your Account and Apps are and shall forever be owned by and inure to the benefit of Edu-Emporium.
9. If you access the Edu-Emporium Properties through a Third-Party Account, you are allowing Edu-Emporium to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
10. You must provide all equipment and software necessary to connect to Edu-Emporium Properties, including but not limited to, a mobile device that is suitable to connect with and use Edu-Emporium Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Edu-Emporium Properties.
11. You acknowledge that all files, materials, data, text, audio, video, images or other content, including Edu-Emporium Properties (“Content”), are the sole responsibility of the party from whom such Content originated. This means that you, and not Edu-Emporium, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through Edu-Emporium Properties (“Your Content”), and that you and other Users of Edu-Emporium Properties, and not Edu-Emporium, are similarly responsible for all Content they Make Available through Edu-Emporium Properties (“User Content”).
12. You acknowledge that Edu-Emporium has no obligation to pre-screen Content (including, but not limited to, User Content), although Edu-Emporium reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that Edu-Emporium pre-screens, refuses or removes any Content, you acknowledge that Edu-Emporium will do so for Edu-Emporium’s benefit, not yours. Without limiting the foregoing, Edu-Emporium shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
13. Unless expressly agreed to by Edu-Emporium in writing elsewhere, Edu-Emporium has no obligation to store any of Your Content that you Make Available on Edu-Emporium Properties. Edu-Emporium has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of Edu-Emporium Properties. Certain Services may enable you to specify the level at which such Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that Edu-Emporium retains the right to create reasonable limits on Edu-Emporium’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by Edu-Emporium in its sole discretion.
14. Except with respect to Your Content and User Content, you agree that Edu-Emporium, and its suppliers own all rights, title and interest in Edu-Emporium Properties (including but not limited to, any apps on Apple App Store and Google Play, computer code, themes, objects, users, usernames, stories, dialogue, concepts, artwork, animations, sounds, audiovisual effects, methods of operation, moral rights, documentation, chat transcripts, user profile information, recordings of users using a Edu-Emporium app, and Edu-Emporium software clients and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website, the Services, or Edu-Emporium Properties.
15. The use of other related graphics, logos, service marks and trade names used on or in connection with Edu-Emporium Properties or in connection with the Services are the trademarks of Edu-Emporium and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Edu-Emporium Properties are the property of their respective owners.
16. Edu-Emporium does not claim ownership of Your Content. However, when you post or publish Your Content on or in Edu-Emporium Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
17. Subject to any applicable account settings that you select, you grant Edu-Emporium a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sub-licensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display, Your Content (in whole or in part) for the purposes of operating and providing Edu-Emporium Properties to you and to our other users. Please remember that other users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of Edu-Emporium Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not Edu-Emporium, are responsible for all of Your Content that you Make Available on or in Edu-Emporium Properties.
18. You are solely responsible for your interactions with other users and any other parties with whom you interact through the Services or your Apps, including your customers; provided, however, that Edu-Emporium reserves the right, but has no obligation, to intercede in such disputes. You agree that Edu-Emporium will not be responsible for any liability incurred as the result of such interactions.
19. Edu-Emporium Properties may contain User Content provided by other users. Edu-Emporium is not responsible for and does not control User Content. Edu-Emporium has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other users at your own risk.
20. Edu-Emporium Properties may provide access to and/or contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Edu-Emporium App”) and advertisements for third parties ( “Third-Party Ads”). When you click on a link to or otherwise access a Third-Party Website, Third-Party Edu-Emporium App or Third-Party Ad, we will not warn you that you have left Edu-Emporium Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Edu-Emporium App’s and Third-Party Ads are not under the control of Edu-Emporium. Edu-Emporium is not responsible for any Third-Party Websites, Third-Party Edu-Emporium App’s or Third-Party Ads. Edu-Emporium provides these Third-Party Websites, Third-Party Edu-Emporium App’s and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Edu-Emporium App’s or Third-Party Ads, or their products or services. You use all links in Third-Party Websites, Third-Party Edu-Emporium App’s and Third-Party Ads at your own risk. When you leave our Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Edu-Emporium App’s, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
21. You acknowledge and agree that the availability of the Edu-Emporium App, the Services, and any Apps, is dependent on the third party from whom you received the Edu-Emporium App or App license, e.g., the Apple App Store or Google Play (“App Store”). You acknowledge that the Terms are between you and Edu-Emporium and not with the App Store. Edu-Emporium, not the App Store, is solely responsible for Edu-Emporium Properties, including the Edu-Emporium App, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Edu-Emporium App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Edu-Emporium Properties, including the Edu-Emporium App or any App. You agree to comply with, and your license to use the Edu-Emporium App and any Apps is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using Edu-Emporium Properties, including the Edu-Emporium App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms and will have the right to enforce them.
Modifications to the Services and Prices
Edu-Emporium may change the Services at any time and from time to time without notice. Any changes to the Services, including releases of new features, tools or resources, shall be subject to these Terms of Service. Edu-Emporium may also stop (temporarily or permanently) providing the Services (or any part of the Services) to you or to its customers upon 30 days notice with an e-mail.
1. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide Edu-Emporium with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayU, or PayPal account (“Payment Provider”), or purchase order information as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card, PayU, or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Edu-Emporium with your credit card number or PayPal account and associated payment information, you agree that Edu-Emporium is authorised to immediately invoice your Account for all fees and charges due and payable to Edu-Emporium hereunder and that no additional notice or consent is required. You agree to immediately notify Edu-Emporium of any change in your billing address or the credit card or PayPal account used for payment hereunder. Edu-Emporium reserves the right at any time to change its prices and billing methods, either immediately upon posting on Edu-Emporium Properties or by e-mail delivery to you.
2. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time your services are live (each, a “Service Commencement Date”). Except as set forth in the Terms, all fees for the Services are non-refundable. No contract will exist between you and Edu-Emporium for the Services until Edu-Emporium accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.
3. Edu-Emporium’s fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Edu-Emporium, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Edu-Emporium for any liability or expense we may incur in connection with such Sales Taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Edu-Emporium is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
4. You must notify us in writing within seven (7) days after receiving your credit card statement, if you dispute any of our charges on that statement or such dispute will be deemed waived. Billing disputes should be notified to the following address: info@edu-emporium.com.
5. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize Edu-Emporium to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if Edu-Emporium does not receive payment from your Payment Provider, (i) you agree to pay all amounts due on your Account upon demand, and/or (ii) you agree that Edu-Emporium may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
6. Termination of Services by Edu-Emporium. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if Edu-Emporium is required to do so by law (e.g., where the provision of the Website, the Edu-Emporium App, the Software or the Services is, or becomes, unlawful), Edu-Emporium has the right to, immediately and without notice, suspend or terminate any Services provided to you, including any Apps. You agree that all terminations for cause shall be made in Edu-Emporium’s sole discretion and that Edu-Emporium shall not be liable to you or any third party for any termination of your Account.
7. You agree to indemnify and hold Edu-Emporium, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Edu-Emporium Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, Edu-Emporium Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any Users; or (e) your violation of any applicable laws, rules or regulations. Edu-Emporium reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Edu-Emporium in asserting any available defenses. This provision does not require you to indemnify any of the Edu-Emporium Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Edu-Emporium Properties.
Prices of all Services, including but not limited to monthly subscription plan fees for Services, are subject to change upon 30 days notice from Edu-Emporium. Such notice may be provided at any time by posting the changes on Edu-Emporium’s website (currently located at www.edu-emporium.com).
Edu-Emporium shall not be liable to you or to any third party for any change to the Services, price change, suspension or discontinuance of the Services.
General Terms
1. The communications between you and Edu-Emporium use electronic means, whether you visit Edu-Emporium Properties or send Edu-Emporium e-mails, or whether Edu-Emporium posts notices on Edu-Emporium Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Edu-Emporium in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Edu-Emporium provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
2. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Edu-Emporium’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
3. You hereby release Edu-Emporium Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Edu-Emporium Properties, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of Edu-Emporium Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor. The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a Edu-Emporium Party or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Services provided hereunder.
4. Edu-Emporium shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, pandemic, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
5. Where Edu-Emporium requires that you provide an e-mail address, you are responsible for providing Edu-Emporium with your most current e-mail address. In the event that the last e-mail address you provided to Edu-Emporium is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, Edu-Emporium’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.
6. Any waiver or failure to enforce any provision of the Terms on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
7. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
By accepting Edu-Emporium’s Terms & Conditions:
1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF Edu-Emporium PROPERTIES IS AT YOUR SOLE RISK, AND Edu-Emporium PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. Edu-Emporium PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE SERVICES OR APPS.
2. Edu-Emporium PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) Edu-Emporium PROPERTIES OR ANY APPS WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF Edu-Emporium PROPERTIES OR APPS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF Edu-Emporium PROPERTIES OR APPS WILL BE ACCURATE OR RELIABLE.
3. THE SERVICES AND APPS MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. Edu-Emporium MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
4. YOU ACKNOWLEDGE AND AGREE THAT Edu-Emporium PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD Edu-Emporium PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES ON THE SERVICES, INCLUDING ANY THIRD-PARTY ACCOUNT PROVIDER OR ANY OTHER OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
5. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF Edu-Emporium PROPERTIES OR ANY USERS OF YOUR APPS, INCLUDING YOUR CUSTOMERS. YOU UNDERSTAND THAT Edu-Emporium DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF Edu-Emporium PROPERTIES.
6. UNDER NO CIRCUMSTANCES WILL Edu-Emporium PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO Edu-Emporium BY YOU DURING THE ONE-MONTH PERIOD PERIOD TO THE ACT, OMISSION, OR OCCURENCE GIVING RISE TO SUCH LIABILITY, AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES.
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