GENERAL TERMS AND CONDITIONS GOVERNING USE OF EDGEPREP WEBSITE AND SUBSCRIPTION OF COURSES
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE CREATING AND ACTIVATING YOUR ACCOUNT.
1. ACCEPTANCE OF TERMS
The Edge Online Co. Ltd. (” The Edge”) provides its services on TheEdge®Prep website (“TheEdge®Prep”) to you, subject to the following Terms of Service ("TOS"), which may be updated from time to time. Please bookmark this page to review the most current version of the TOS at any time. Your use of TheEdge®Prep and its materials constitutes your agreement to all such terms, conditions, policies, and notices (the "Agreement"). This Agreement is a legal document that governs the terms and conditions of your use of TheEdge®Prep. When you activate your subscription to one or more courses provided on TheEdge®Prep, this Agreement also governs the terms and conditions of your subscription to TheEdge®Prep. You are also agreeing to accept a non-exclusive, non-assignable right and license to use TheEdge®Prep and its resources. The services TheEdge®Prep offers are sold on a subscription basis. However, certain areas are available to users without cost on a trial or demonstration basis.
2. DESCRIPTION OF SERVICE
TheEdge®Prep provides users with access to a rich collection of teaching resources through its collection of courses (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new resources, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that The Edge assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. LICENSED USAGE
A license grants access to the purchased course(s) as well as permission to use its copyrighted resources as part of the curriculum. When using the resources, you must have a license in order to obtain the necessary permission. Each TheEdge®Prep license is valid for one user only. You are not permitted to share a license with anyone. Licenses must be maintained for continued permission to use copyrighted materials. Each license must be registered in the name of the user using the resources.
As part of the registration process, you will select a username and password. You agree to provide us with accurate, complete, unique and updated contact information for using copyrighted resources or accessing TheEdge®Prep. Failure to do so will constitute a breach of this Agreement, which may result in immediate termination of your rights to use the resources or access the account. You may not (a) select or use a username of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without written authorization from that individual, or (c) use a username that we, in our sole discretion, deem inappropriate or offensive. You are responsible for maintaining the confidentiality of your username and password, and you will be responsible for all uses of your username and password, whether or not authorized by you.
You are entirely liable for all activities conducted through your account. When accessing TheEdge®Prep or using your account, you agree to be bound by the terms of this Agreement, whether or not you are a subscriber.
You are responsible for notifying us immediately of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username. You must also promptly change your username to prevent unauthorized access to your account. We will have no liability for any circumstances arising from the unauthorized use of a username or your account. Any fraudulent, abusive, or otherwise illegal activity on your account may be reported to appropriate law-enforcement agencies by us.
4. SUBSCRIPTION FOR COURSES
You can choose to subscribe to one or more than one or all of the courses provided by TheEdge®Prep. Prices vary according to the duration of the subscription. A detailed price table for each product can be found on www.TheEdge®Prep .com/subscription.
By subscribing to a course, you submit an offer to The Edge. When The Edge accepts that offer by processing your payment and making the course(s) available to you, a binding contract is made between you and The Edge. You will receive an email confirming details of your order and the subscription.
5. SUBSCRIPTION RENEWAL
At the end of the initial subscription period, subscription will be terminated based on initial subscription duration of chosen product with The Edge. All renewals will be subject to the same terms and conditions, unless The Edge has provided advance notice to you that changes will apply to your subscription upon renewal.
If you wish to renew your subscription, you are required to go through the purchase process anew in order to obtain product access. The duration of your new subscription will be in line with that of given product chosen for subscription.
6. COURSE TRANSFER
The switching of courses is not allowed throughout duration of subscription. Course purchases are designated to the product type chosen at registration and are non-transferable.
7. THE HIGHER SCORE GUARANTEE
Step 1: You are a first-time TheEdge®Prep student and enroll in a Higher Score Guarantee (“HSG”) eligible course which has been paid in full.
Step 2: You complete that course and take the official test when it is next administered.
Step 3: Within three months of completing that course, you share your official score with us and tell us that you did not score higher on the official test and you want your money back instead.
b) WHAT IS REQUIRED TO COMPLETE THE COURSE?
You must have paid in full & completed our Premium Prep or Ultimate Prep subscription module (incl. all available practice tests).
c) HOW DO I DETERMINE WHEN MY TEST IS NEXT ADMINISTERED?
You must take the official test on the next administration date following completion of the TheEdge®Prep course, generally within 30 days of your course expiration date. Course expiration date for the SAT or ACT is the next administration of the standardized test after your final HSG eligible course..
d) HOW DOES THEEDGE®PREP DETERMINE IF I DID NOT SCORE HIGHER?
You must establish a baseline score BEFORE you undertake the TheEdge®Prep course by providing an official score issued by the test administrator on the test for which you are currently preparing or if you have never taken the test before, a proctored The Edge diagnostic.
e) HOW DO I GET MY MONEY BACK?
To qualify, you must have paid TheEdge®Prep in full and you did not score higher on the next administration of the official test after completing the course. Contact TheEdge®Prep within three months of your course expiration date. All claims for refund must be accompanied by an official post-TheEdge®Prep course score report.
If you complete the course, take the test, and your composite score on test day does not improve over your baseline score, you are eligible to receive your money back (excluding any applicable administrative, shipping or booking fees).
8. MODIFICATIONS TO SERVICE
The Edge reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Edge shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
The Edge may change, add, or remove any part of this Agreement, or any other terms associated with the use of TheEdge®Prep, at any time, by posting a notice of such changes to the TOS page of TheEdge®Prep. Such changes shall become part of the Agreement and shall apply as soon as such a notice is posted. By continuing to use the services after the notice is posted, you are indicating your acceptance of those changes.
9. SPONSORS, THIRD PARTIES, AND ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties, or advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such sponsor, third party, or advertiser. You agree that The Edge shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties, or advertisers on the Service.
TheEdge®Prep may provide, or third parties may provide, links to other websites or Internet resources. Because The Edge has no control over such websites and resources, you acknowledge and agree that The Edge is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on, or available from, such websites or resources. You further acknowledge and agree that The Edge shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with the use of, or reliance on, any such content, goods, or services available on, or through any such website or resource.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE EDGE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. THE EDGE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, OR (VI) THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
c. ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THEEDGE®PREP OR THROUGH, OR FROM, THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY THE EDGE AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE EDGE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE EDGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT, SHALL THE EDGE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THEEDGE®PREP WEBSITE.
13. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 11 AND 12 MAY NOT APPLY TO YOU.
14. TRADE MARK INFORMATION
All materials on TheEdge®Prep , including without limitation, names, logos, trade marks, service marks, images, graphics, photographs, illustrations, artwork, and other elements making up the Service (“Online Materials”) are protected by copyrights and other intellectual property rights owned and controlled by Edge IP Holdings Ltd. or by other parties that have licensed their material to Edge IP Holdings Ltd. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, no Online Materials may be republished, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of their respective owners. You may not add, delete, distort, or otherwise modify any TheEdge®Prep content. Any unauthorized attempt to modify any Online Materials, to defeat security features, or to utilize TheEdge®Prep for means other than its intended purposes is prohibited.
TheEdge®Prep logos and product and service names are trade marks of Edge IP Holdings Ltd.. All other trade marks appearing on the website are trade marks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. Edge IP Holdings Ltd. will enforce its intellectual property rights to the fullest extent of the law.
If you suspect that the Online Materials or trade marks of Edge IP Holdings Ltd. are being misused, please contact us as soon as possible.
The failure of The Edge to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of, or related to, use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
16. HEADINGS FOR CONVENIENCE ONLY
The section titles in the TOS are for convenience only and have no legal or contractual effect.
You agree to indemnify, defend, and hold The Edge®, TheEdge®Prep or Edge IP Holding Ltd.harmless from any claims and expenses, including reasonable legal fees, arising from or related to any breach by you of any terms of this Agreement.
18. LETTERS, REVIEWS, OR OTHER SUCH COMMENTS OR MATERIALS
Any comments, materials, or letters sent by you to The Edge or TheEdge®Prep , including without limitation, questions, comments, suggestions, criticisms or the like ("Received Materials") shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter is "not for publication" and contains "private and proprietary" information that may not be distributed. The Edge or TheEdge®Prep shall have no obligation of any kind with respect to such Received Materials and The Edge or TheEdge®Prep will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute, the Received Materials without limitation or restriction. Furthermore, The Edge and TheEdge®Prep is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to The Edge or TheEdge®Prep for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including you.
20. RESTRICTIONS ON USE
You may not use TheEdge®Prep or its content for any illegal purpose or in any manner inconsistent with the TOS. You agree to use TheEdge®Prep solely for your own non-commercial use and benefit and not for resale or other transfer or disposition to any other person or entity.
You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display or in any way exploit, any of Online Materials or third party content, in whole or in part, for commercial purposes without the express permission of The Edge.
Linking to and framing the Website: You may create and publish links to TheEdge®Prep .com homepage. Creating and publishing links to any other pages within the TheEdge®Prep website (except bookmarking such pages for your personal non-commercial use) is not permitted. Framing TheEdge®Prep is strictly prohibited.
Any unauthorized use may subject you to civil liability and criminal prosecution under applicable laws. The Online Materials are licensed to you by The Edge. The Edge does not transfer title to the Online Materials to you. The Edge retains full and complete title to the Online Materials and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Online Materials.
In the event any provision of this Agreement conflicts with the law or if any such provisions are held invalid by a court with jurisdiction over the parties to this Agreement, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this Agreement will remain in full force and effect.
22. ENTIRE AGREEMENT
This Agreement and any other terms and conditions of service on TheEdge®Prep constitute the entire agreement between you and The Edge and govern your use of the Service.
23. REFUSAL OR DISCONTINUANCE OF SERVICE
In the event that The Edge determines, in its sole discretion, that a user has breached any portion of these terms and conditions, or has otherwise demonstrated inappropriate conduct, it reserves the right to (i) warn the user via e-mail that he or she has violated this Agreement; (ii) delete any content provided by the user (or anyone accessing user's account); (iii) discontinue the user's account and/or any other TheEdge®Prep service; (iv) notify and/or send content to and/or fully cooperate with the proper law enforcement authorities for further action; (v) retroactively charge for the unauthorised use; and/or (vi) take any other action that The Edge deems appropriate.
24. CHOICE OF LAW AND FORUM
This Agreement shall be governed by and construed in accordance with the laws of Hong Kong Special Administrative Region, China. HKSAR courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement. By using TheEdge®Prep, you consent to the jurisdiction and venue of such courts.
The Edge makes no representation that materials on TheEdge®Prep are appropriate or available for use in all locations. Those who choose to access TheEdge®Prep do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
25. PREVAILING LANGUAGE
These TOS are written in English language and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of the TOS, the English version shall prevail.