Terms and Conditions

EduMakers Membership and Platform Terms and Conditions

If you do not agree to the Terms & Conditions of EduMakers set out below, please DO NOT proceed further with your application for EduMakers membership.

Part A – Terms and Conditions of EduMakers Platform

Please read the following Terms and Conditions carefully as they apply to your use of EduMakers mobile application and/or website(s). You are required to register with EduMakers membership in order to access and use the features of EduMakers Platform. If you do not accept these Terms and Conditions, please DO NOT download and/or use EduMakers Platform.

1. DEFINITIONS

The following words have the following meanings in these Terms and Conditions:

1.1 “Affiliates” means, to any person or entity, any other entity that, directly or indirectly, Controls, is Controlled by or is under common Control with such person or entity. For the purposes of this definition, the term “Control” of a person or entity means the possession, directly or indirectly, of the power: (i) to vote more than fifty percent (50%) of the voting interests of such person or entity; or (ii) to direct or cause the direction of the management and policies of such person or entity, whether through the ownership of voting interests, by contract or otherwise and the terms “Controlling”, “Controlled by” and “under common Control with” shall be construed accordingly;
1.2 “Applicable Laws” means all or any statute, ordinance, rule, regulation, including the rules of any recognized Stock Exchange, order, decree, directive, requirement, code, notice or rule of common law, now or in the future in effect, and in each case as amended or re-enacted from time to time, and legislation supplemental to it, and any judicial or administrative interpretation of it by a governmental authority or otherwise, including any judicial or administrative order, determination, consent, decree or judgment of and in Hong Kong;
1.3 “Content” means all information, data, text, software, music, sound, images, user interfaces, visual interface, audio, trade makes, logos, video media, artwork, designs, pdf documents, articles, lesson plans, teaching resources, forms, photographs, graphics, video, messages, services, webcast, live streaming or digital meeting or other materials, application features, displayed on or available through EduMakers Platform;
1.4 “CTFEG” means CTF Education Group Limited, a company incorporated in Hong Kong.
1.5 “EduMakers” means the parent engagement programme operated by CTFEG;
1.6 “EduMakers Platform” means the EduMakers mobile application and website(s) operated by CTFEG;
1.7 “Feedback” has the meaning ascribed to it in paragraph 10;
1.8 “Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China;
1.9 “Linked Site(s)” has the meaning ascribed to it in paragraph 8;
1.10 “Services” means any access to Content, usage of EduMakers Platform’s functions and features, and other services which may from time to time be available to be provided, ordered, booked, requested, purchased or given away via EduMakers Platform, examples of which are set out in paragraph 2;
1.11 “Terms and Conditions” means these terms and conditions as amended from time to time and posted on EduMakers Platform;
1.12 “user” means any person who access EduMakers Platform;
1.13 “we, our, us” means CTFEG;
1.14 “you, your” means users of EduMakers Platform.

2. SERVICES

You may be provided with certain services by us through EduMakers Platform, including but not limited to:

2.1 EduMakers membership services;
2.2 notification service;
2.3 registration service;
2.4 reservation service; and
2.5 other services ancillary or related to the above.

You agree that we are under no obligation to provide any of the Services to you on or via EduMakers Platform, and we may revise, suspend, terminate, extend or reduce the scope of Services to be provided to you on or via EduMakers Platform. We will not be liable or responsible in any way for any such revision, suspension, termination, extension or reduction.

We are also not liable to you for the failure to provide any Services in or via EduMakers Platform.

3. USE OF EDUMAKERS PLATFORM

You are responsible for the security of your password for access or use of the Services and EduMakers Platform and we shall not be liable in the event that your password or biometric information is used without authorisation or disclosed, whether intentionally or not, so as to allow a third party access to your account to make transactions. In all circumstances, you shall be liable for all transactions made through your account. You shall not permit or otherwise enable any other person or entity to use your account or password or biometric information in order to access to or use any part of the EduMakers Platform.

4. DATA PRIVACY

For information about our privacy policies and practices, please refer to our Privacy Statement. Where personal data is collected in connection with EduMakers Platform, you will be provided with the relevant Personal Information Collection Statement in which the collection and use of your personal data will be further explained to you.

5. ENTIRE AGREEMENT

These Terms and Conditions, unless otherwise provided, represent the complete agreement between you and us concerning your use of EduMakers Platform.

6. COVENANTS

You agree to use EduMakers Platform for your personal, non-commercial use only and you are solely responsible for all Content whether publicly posted or privately transmitted by you on or through EduMakers Platform.

As a condition of your use of EduMakers Platform, you agree that you will not use EduMakers Platform for any purpose that is unlawful or prohibited by any Applicable Laws or the terms, conditions, and notices contained herein. Without limiting the generality of the foregoing, you further agree not to:

6.1 trespass, break into, access, use or attempt to trespass, break into, access or use any other parts of our servers, and/or any data areas for which you have not been authorized by us;
6.2 post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, discriminatory or otherwise objectionable or unreasonable Content of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any local, state, national or foreign law, infringe any intellectual property rights, proprietary rights or confidentiality obligations of others;
6.3 post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication, or engage in spamming or flooding;
6.4 post, publish, transmit, reproduce, distribute or in any way exploit any Content obtained through EduMakers Platform for commercial purposes;
6.5 upload, post, publish, transmit, reproduce, or distribute in any way, any component of EduMakers Platform itself or any Content obtained through EduMakers Platform which is protected by copyright, or other proprietary right, or create derivative works with respect thereto, without our prior written permission;
6.6 transmit, post or upload any Content that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment through EduMakers Platform;
6.7 transmit, post or upload any Content protected by intellectual property laws, rights of privacy or publicity or any other applicable laws unless you own or control the rights thereto or have received all necessary consents;
6.8 interfere with or disrupt networks connected to EduMakers Platform or violate the regulations, policies or procedures of such networks;
6.9 attempt to gain unauthorized access to EduMakers Platform, computer systems or networks connected to EduMakers Platform, through password mining or any other means;
6.10 disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of EduMakers Platform are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
6.11 “stalk” or otherwise harass another; or
6.12 collect or store personal data about other users.

We reserve the rights from time to time, without notice, to observe and record your access to and use of EduMakers Platform to determine if you are complying with these Terms and Conditions.

7. MONITORING

We do not actively monitor the Content submitted, posted, transmitted or sent by users to, on or through EduMakers Platform or guarantee the accuracy, integrity or quality of such Content. However, we will consider complaints concerning inappropriate Content on EduMakers Platform, but we do not guarantee that we will take any action in respect of the same. Furthermore, we reserve the right to remove or withhold, without warning, any Content from EduMakers Platform or any link to any website which we consider appropriate in our sole discretion. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content submitted, posted, emailed or otherwise transmitted via EduMakers Platform. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

8. LINKS TO THIRD PARTY WEBSITES

We may provide links to other sites or resources (“Linked Site(s)”). We have no control over the Linked Sites and we are not responsible for the content of any Linked Site or any links contained in a Linked Site, or any changes or updates to such sites. We do not monitor the contents of the Linked Sites. We are not responsible for webcasting or any other form of transmission received from any Linked Site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the Linked Site or any association with its operator. Where a Linked Site advertises, sells or contains products or services information, we expressly declare that we do not endorse any such products or services as appearing on that Linked Site or any other website which the Linked Site may link to. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the purchase of any product, or use of the services or the content, of any Linked Site.

9. DISCLAIMERS & LIMITATION OF LIABILITY

This EduMakers Platform is provided by us on an “as is” and “as available” basis. Neither we nor our Affiliates make any representations or warranties of any kind, express or implied, as to the operation of EduMakers Platform or the accuracy, adequacy or completeness of the Content or products included on EduMakers Platform. Information provided on EduMakers Platform is for reference only. We may provide Content or Services regarding health, wellness, and physical exercise through EduMakers Platform. You acknowledge and agree that the Content and Services are not intended to be, and will not be used as, a substitute for medical treatment by a health care professional. You agree to consult your healthcare provider before initiating any physical exercises or wellness practices, and follow your provider’s advice accordingly. You also acknowledge and agree to accept the inherent risks and dangers in participating in new or strenuous health, wellness, and physical exercises. You agree that we will not be liable for any injury, loss, or damages arising from your access or practice of the health, wellness, and/or physical exercise content. To the full extent permissible by applicable law, we and our Affiliates disclaim all warranties, express or implied, including, but not limited to any representations or warranties as to:

9.1 the availability of EduMakers Platform or that it will be uninterrupted or error-free, or that defects will be corrected;
9.2 the accuracy, adequacy or completeness of any Content, Services or products on EduMakers Platform;
9.3 the merchantability, standard of quality or fitness for any particular materials, products or Services available on the EduMakers Platform;
9.4 the use or exercise of reasonable care and skill in providing or delivering any Services or product on or through EduMakers Platform or the timeliness of Services offered or provided on EduMakers Platform;
9.5 non-infringement of any third party intellectual property rights;
9.6 EduMakers Platform being free of computer viruses or other harmful elements; or
9.7 the security of the information technology system of the EduMakers Platform and the information (including your personal data) stored in the information technology system of the EduMakers Platform.

Our entire liability and your exclusive remedy with respect to EduMakers Platform or otherwise, is re-delivery or re-performance of defective products or services in jurisdictions which do not allow the exclusion or limitation of certain types of liability. Our liability is limited to the maximum extent permitted by law. We do not endorse, warrant or guarantee any material, product or Service offered through us or EduMakers Platform. We are not and will not be a party to any transaction between you and any third party.

Without limiting any exclusion specifically provided for in these Terms and Conditions we shall in no event be liable for any costs, damages or liability for:

9.8 the deletion or failure to store any data or Content maintained or uploaded;
9.9 the standard of the products or Services provided, including any failure or deficiency, or alleged failure or deficiency, of any products or Services;
9.10 the breach, or alleged breach, of any warranty, express or implied, relating to any products or Services;
9.11 any loss or damage or impairment to any such products or Services;
9.12 any act or failure to act of any, shipper or other carrier, or any employee or agent thereof;
9.13 any unauthorized use of EduMakers Platform or breach of security relating to EduMakers Platform.

You will exercise and rely solely on your own judgment in using EduMakers Platform or ordering, booking, requesting or purchasing the Services or products. In no event shall we be liable to you or any other person for any direct, indirect, incidental, special, punitive or consequential damages, including any loss of business or profit, arising out of any use, or inability to use, EduMakers Platform, even if we have been advised of the possibility of such damages including without limitation, unauthorized access using your username and password, biometric information for access or transmission of Content or any transactions entered into through EduMakers Platform. You specifically agree that neither we nor our Affiliates shall be responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that neither our Affiliates nor we shall be responsible for the Content sent out using and/or included on EduMakers Platform by any third party.

The limitation of liability contained in these Terms and Conditions will apply to the fullest extent permitted by Applicable Law.

We make no representation that materials on EduMakers Platform are appropriate or available for use in any other jurisdictions, and accessing EduMakers Platform from locations where its operation are illegal is prohibited. Those who access EduMakers Platform from other locations do so at their own discretion and are solely responsible for compliance with their laws and rules. You confirm that you have all the requisite approvals for using the Internet and online conduct.

10. INTELLECTUAL PROPERTY

EduMakers Platform together with all Content made available as part of EduMakers Platform is our property or is licensed by us and is protected by copyright, trademarks, service marks, patents or other proprietary rights and laws. Our licensors and we own copyright in the selection, co-ordination, arrangement and enhancement of such Content, as well as in the content original to it. You may not modify, publish, transmit, redistribute, participate in the transfer or sale of, create derivative works of, or in any way exploit, any of the Content, in whole or in part. You may only download such part of the Content as is expressly permitted to be downloaded from EduMakers Platform for the use specified and for your personal use only. You have no rights in or to the Content and you will not use the Content, except as permitted under these Terms and Conditions.

Except as otherwise expressly permitted by us and the copyright owner by written permission and/or under applicable copyright law, no modification, copying, redistribution, uploading, retransmission, publication or commercial exploitation of downloaded material will be permitted. In the event of any permitted copying, redistribution or publication of copyrighted material, you agree not to make any change to or deletion of author attribution, trademark, legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

The technology and software underlying the Services or distributed in connection therewith are the property of EduMakers Platform and our Affiliates ( “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software.

You agree that we are free to use, disclose, adopt and modify all and any ideas, concepts, know-how, proposals, suggestions, comments and other communications and information provided by you to us (“Feedback“) in connection with EduMakers Platform without any payment to you. You hereby waive and agree to waive all and any rights and claims for any consideration, fees, royalties, charges and/or other payments in relation to our use, disclosure, adoption and/or modification of any or all of your Feedback.

11. INDEMNITY

You agree to indemnify and hold us and our subsidiaries, our Affiliates, our officers, directors, agents, and employees, and officers, directors, agents, and employees of our subsidiaries and Affiliates, harmless from and against any losses, claims, liabilities, damages, demands, costs and expenses (including all legal fees), incurred or suffered by us in connection with or arising from your breach of these Terms and Conditions and/or your use of EduMakers Platform or the Services or products offered therein. We may, if necessary, participate in the defence of any claim or action and any negotiations for settlement. No settlement that may adversely affect our rights or obligations shall be entered without our prior written consent. We reserve the right to assume exclusive defence and control of any such claim or action.

12. LEGAL COMPLIANCE

You shall comply with all Applicable Laws regarding your use of EduMakers Platform. We recommend that you seek legal advice on your own account if you are not sure what Applicable Laws comprise.

13. TERMINATION

Without prejudice to any other rights we may have, we may terminate your use of and access to any part or all of EduMakers Platform or any related Service(s) at any time with immediate effect without any notice and in our sole discretion for any reason, including without limitation:

13.1 if you breach these Terms and Conditions;
13.2 if we are unable to verify or authenticate any information you provide to us;
13.3 if we believe that your actions may give rise to liability of any nature; or
13.4 if we deem your action unsuitable or inappropriate.

Upon termination, you must destroy all material obtained from EduMakers Platform and any copies thereof. If you wish to terminate your use of part or all of EduMakers Platform, your only recourse is to discontinue the use of EduMakers Platform. You agree that we shall not be responsible or liable for any loss or damage of any kind incurred as a result of the termination of your use of and access to any part or all of EduMakers Platform or any related Service(s).

14. MODIFICATIONS TO TERMS AND CONDITIONS

We reserve the right to change these Terms and Conditions or any policies regarding the use of EduMakers Platform at any time and to notify you by posting an updated version thereof on EduMakers Platform. You are responsible for regularly reviewing the Terms and Conditions and the applicable policies. Continued use of EduMakers Platform after any such posting amounts to your conclusive acceptance of such revised Terms and Conditions or policies. If any such revision is unacceptable to you, you must terminate use of EduMakers Platform immediately. We reserve the right to interpret these Terms and Conditions and decide on any questions or disputes arising under these Terms and Conditions. You agree that all such interpretations and decisions shall be final and conclusive, and binding on you as a user of EduMakers Platform.

15. MODIFICATIONS TO SERVICES

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, EduMakers Platform (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of EduMakers Platform or any part thereof.

16. GOVERNING LAW & JURISDICTION

EduMakers Platform (excluding Linked Sites) is hosted by us from our office in Hong Kong. By accessing EduMakers Platform, you agree that any claim relating to EduMakers Platform shall be governed by the laws of Hong Kong without giving effect to any principles of conflicts of laws, provided that we reserve the right to pursue civil or criminal proceedings in any jurisdiction having control over you or your assets. You also agree to submit to the non-exclusive jurisdiction of the Hong Kong courts.

17. NO AGENCY

You and we are independent, and no agency, partnership, joint venture, trustee, beneficiary, employee-employer or franchiser-franchisee relationship is intended or created by your use of EduMakers Platform.

18. SYSTEM AVAILABILITY

We do not guarantee uninterrupted, continuous or secure access to EduMakers Platform. Part or the entire EduMakers Platform may be unexpectedly unavailable for whatever duration and for various reasons that may include system malfunctions and disruptions, Internet access downtime and other technical problems beyond our control for which we cannot and shall not be held responsible. You agree that your use of EduMakers Platform is at your own risk and that you will not hold us responsible for any damage or loss caused by your inability to use EduMakers Platform for any reason whatsoever. We reserve the right to take any part or all of EduMakers Platform offline for various reasons including urgent system maintenance or upgrading, in which case we will try to give you notice in advance if possible.

You acknowledge that the terms of any agreement with your respective mobile network provider (“Mobile Network Provider”) will continue to apply when using the EduMakers Platform. As a result, you may be charged by your Mobile Network Provider for access to network connection services for the duration of the connection while accessing the EduMakers Platorm or any such third party charges as may arise. You accept responsibility for any such charges that arise.

19. PARTIAL INVALIDITY

The illegality, invalidity or unenforceability of any provision of these Terms and Conditions under the law of any jurisdiction shall not affect its legality, validity or enforceability under the laws of any other jurisdiction nor the legality, validity or enforceability of any other provision.

20. WAIVER

No waiver of any breach under these terms of use will amount to a waiver of any other breach.

21. THIRD PARTIES

A person or entity who is not a party to these Terms and Conditions shall have no right to enforce of these Terms and Conditions under the Contracts (Rights of Third Parties) Ordinance (Cap. 623, Laws of Hong Kong).

22. GENERAL PROVISIONS

To assist you in understanding these Terms and Conditions, unless the context otherwise requires, these Terms and Conditions should be interpreted using the following rules:

22.1 words importing one gender include the other genders;
22.2 words importing the singular shall include the plural and vice versa;
22.3 references to paragraphs, are references to paragraphs in these Terms and Conditions;
22.4 expressions defined in the main body of this Terms and Conditions bear the defined meaning in the whole of this Terms and Conditions;
22.5 a right granted or reserved may be exercised from time to time;
22.6 headings are for ease of reference only and shall not affect the interpretation of these Terms and Conditions;
22.7 any reference to a person shall include that person’s successors, representatives and permitted assigns; and
22.8 in the event that there is any inconsistency between the English and Chinese version of these Terms and Conditions, the English version shall prevail.

Part B – Terms and Conditions of EduMakers Membership

If you do not agree to the Terms & Conditions of EduMakers set out below, please DO NOT proceed further with your application for EduMakers Membership.

These Terms and Conditions are binding on all Members of EduMakers operated by CTF Education Group Limited (“CTFEG”). By applying for Membership and becoming a Member, the applicant agrees to be bound by these Terms and Conditions (as may be in force from time to time) upon becoming a Member.

1. DEFINITIONS

The following words have the following meanings in these Terms and Conditions:

1.1 “Affiliates” means any person or entity, any other entity that, directly or indirectly, Controls, is Controlled by or is under common Control with such person or entity. For the purposes of this definition, the term “Control” of a person or entity means the possession, directly or indirectly, of the power: (i) to vote more than fifty percent (50%) of the voting interests of such person or entity; or (ii) to direct or cause the direction of the management and policies of such person or entity, whether through the ownership of voting interests, by contract or otherwise and the terms “Controlling”, “Controlled by” and “under common Control with” shall be construed accordingly;
1.2 “Benefit” means any reward, service, benefit, promotion, privilege, offer, event participation, or the like offered or to be offered to the Members by EduMakers and/or CTFEG or any third party (including but not limited to its Affiliates and Designated Partners) under the Programme from time to time.
1.3 “Content” means all information, data, text, software, music, sound, images, user interfaces, visual interface, audio, trade makes, logos, video media, artwork, designs, pdf documents, articles, lesson plans, teaching resources, forms, photographs, graphics, video, messages, services, webcast, live streaming or digital meeting or other materials, application features, displayed on or available through EduMakers Platform;
1.4 “EduMakers” means the parent engagement programme operated by CTFEG.
1.5 “EduMakers Platform” means the EduMakers mobile application and website(s) operated by CTFEG.
1.6 “Designated Partner” means any partner of CTFEG who operates in education and related services, hospitality, insurance and healthcare services and offers or will offer rewards, services, benefits, promotions, privileges, offers or the like to the Members under the Programme subject to the applicable terms and conditions, whether specified herein or otherwise.
1.7 “Hong Kong” means the Hong Kong Special Administrative Region.
1.8 “Member” means any member holding a valid Membership.
1.9 “Membership” means membership of EduMakers.
1.10 “Programme” means the programme operated under the name of “EduMakers” which is owned and managed by CTFEG.
1.11 “Terms and Conditions” means these terms and conditions as amended from time to time and posted on EduMakers Platform in relation to the Membership.
1.12 “Website” means the website at www.edumakers.com.hk.

2. ENROLMENT

2.1 Eligibility – Any person who is aged 18 or above and satisfies the Membership entry requirements as may be specified by EduMakers from time to time is eligible for application for Membership.
2.2 Personal Basis Only – Application for Membership shall be on personal basis and EduMakers does not accept application on a company or corporate basis.
2.3 Discretion to Decline – EduMakers and/or CTFEG is entitled to decline any application for Membership at its absolute discretion without giving any reason.

3. NON-TRANSFERABILITY

3.1 Non-Transferability – The Membership and the Benefits are not transferable by the Member and may only be used or enjoyed by the Member to whom the Membership and the Benefits are granted or issued.

4. PROOF OF ELIGIBILITY

4.1 Proof – An applicant of Membership or a Member, as the case may be, is required to provide supporting documents for proof of his eligibility to Membership thereof as may be specified by EduMakers and/or CTFEG from time to time.
4.2 Keeping Records – EduMakers and/or CTFEG is entitled to make copies of the supporting documents produced by the applicants of Memberships or Members to EduMakers and retain the same for audit purpose.

5. WEBSITE(S) AND MOBILE APPLICATION

5.1 Use – The Website(s) and/or related mobile application and their use by any person are subject to the applicable terms and conditions and the privacy statement of such Website(s) and/or such mobile application.

6. ENJOYMENT OF BENEFITS

6.1 Additional Terms – EduMakers and/or CTFEG is entitled to impose additional terms and conditions in respect of the Membership and the Benefits from time to time without prior notice. However, EduMakers and/or CTFEG shall use its best efforts to announce the additional terms and conditions as soon as practicable. Should there be any inconsistency between these terms and conditions and those additional terms and conditions, those additional terms and conditions shall prevail.
6.2 Limitation – All Benefits are offered subject to availability and are offered only while stocks last (if applicable).
6.3 Eligibility – EduMakers and/or CTFEG is entitled to grant Benefits to a Member only when the Membership account of this Member is valid and in good standing as recognized by EduMakers and/or CTFEG.
6.4 Verification of Identification – EduMakers and/or CTFEG, its Affiliates and the Designated Partners are entitled to request a Member to present his identification documents for verification of identities of the Member when the Member intend to claim for any Benefits.
6.5 Different Benefits – EduMakers and/or CTFEG is entitled to grant different Benefits to different Members subject to different terms and conditions at the absolute discretion of EduMakers and/or CTFEG.
6.6 No Voting Right – Members have no voting right as to the constitution, operation or management of EduMakers and/or CTFEG nor any right in or any claim over any assets of EduMakers or CTFEG.

7. EVENTS AND ACTIVITIES

7.1 If you take part in any events, functions and/or activities (“Activity(ies)”) operated, run in or through the EduMakers Platform, such as seminars, talks or visits, you agree to be bound by the rules of the Activity and any other rules specified by EduMakers and/or CTFEG from time to time (“Activity Rules”) and by the decisions of EduMakers or CTFEG, which are final and binding in all respects relating to the Activity. EduMakers or CTFEG reserves the right to disqualify any entrant, participant and/or winner in its absolute discretion without notice in accordance with the Activity Rules.

8. TERMINATION OR SUSPENSION OF MEMBERSHIP

8.1 Right to Terminate or Suspend – EduMakers and/or CTFEG is entitled to forthwith terminate or suspend the Membership of any Member in case the Member breaches any Terms and Conditions herein or does not follow any instruction of EduMakers and/or CTFEG from time to time. In addition, EduMakers and/or CTFEG reserves the right to forthwith terminate or suspend the Membership of any Member at any time at the sole discretion of EduMakers and/or CTFEG without giving any prior notice, reasons and compensation to such Member. EduMakers and CTFEG shall not be liable for any loss or damage resulting therefrom to any party in any event.
8.2 Not Affecting Other Rights – Termination or suspension of Membership of the Member for whatsoever reasons by EduMakers and/or CTFEG shall be without prejudice to the accrued rights and remedies that EduMakers, CTFEG, its Affiliates and the Designated Partners may have against such Member.
8.3 Members may terminate their Membership at any time through any one of the following means:
- 8.3.1 Send an email to enquiry@edumakers.com.hk. The content must include the Member’s name, registered mobile number and email address used for identity verification; or
- 8.3.2 Submit account deletion request through EduMakers mobile application. The account deletion request will be processed within 30 days from the date when such request is received.

9. DISCLAIMERS AND EXCLUSION OF LIABILITIES

9.1 Exclusion and Limitation of Liability – All liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages, arising from the use of EduMakers Platform or any Content, if any, on the part of EduMakers and/or CTFEG, its employee, Affiliates, agents, suppliers and partner organizations as set out in these Terms and Conditions, expressed or implied by statute or otherwise, are hereby excluded to the fullest extent permitted by law. Members should be aware that they use EduMakers Platform and its Content wholly at their own risk. Without prejudice to the foregoing, the maximum liability of EduMakers to any Member shall not exceed HKD100.00 in aggregate in any event.
9.2 Waiver of Rights – A Member hereby is deemed to have read, understood and agreed to these Terms and Conditions, and agreed that he does not rely on any statement, representation, assurance or warranty made by EduMakers and/or CTFEG, its representatives, employees or agents and shall waive all of his rights, if any, against EduMakers and/or CTFEG in relation thereto.
9.3 Quality and Responsibility of the Benefits – Without prejudice to sub-clause 2 of this clause, EduMakers and/or CTFEG does not give any warranty for the quality or fitness of any of the Benefits and accepts no responsibility in respect of the following:
- 9.3.1 refusal by EduMakers and/or CTFEG, any Affiliates or Designated Partners to offer the Benefits;
- 9.3.2 non-availability of any of the Benefits; and
- 9.3.3 refusal by EduMakers and/or CTFEG, any Affiliates or Designated Partners to replace or change any of the Benefits or pay compensation or reward thereof.
9.4 Disputes and Resolution – In case of any dispute between the Member and CTFEG’s Affiliates or Designated Partners in relation to these Terms and Conditions or the Benefits, both parties shall resolve the disputes themselves. You agree that you are solely responsible for your interactions with any other Members, EduMakers and CTFEG will have no liability or responsibility with respect thereto.
9.5 Terms of the Affiliates and Designated Partners – CTFEFG’s Affiliates or Designated Partners may impose additional terms and conditions in respect of the Benefits available to the Member. The Member agrees to be bound by such additional terms and conditions in respect of the Benefits.

10. RIGHT OF MODIFICATION AND TERMINATION

10.1 Right to Modify – EduMakers and/or CTFEG is entitled to, at any time, modify the structure, contents and other features of the Programme, including but not limited to the conditions for joining the Programme or implementing other programs for customer rewards and targeted offers.
10.2 Right to Terminate – EduMakers and/or CTFEG is entitled to amend, suspend and terminate the Programme and/or cease operation of EduMakers at any time for any considerations including commercial considerations as it deems fit without any reason or compensation. EduMakers and/or CTFEG shall not be liable for any loss or damage resulting therefrom to any party in any event.

11. MISCELLANEOUS

11.1 Right to Transfer – EduMakers and/or CTFEG is entitled to transfer, assign, charge, sub-contract or otherwise dispose of any of the rights or obligations under these Terms and Conditions and the Programme on such terms and conditions as EduMakers and/or CTFEG may at its sole discretion think fit at any time without any prior notice to the Member.
11.2 Right to Amend – EduMakers and/or CTFEG is entitled to revise and amend these Terms and Conditions at any time without any prior notice.
11.3 Right to Interpret – The right to interpret these Terms and Conditions is vested in EduMakers and/or CTFEG. In case of any dispute, the decision of EduMakers and/or CTFEG shall be final and binding on all parties concerned.
11.4 English Version Prevails – The Chinese version of these Terms and Conditions is for reference only. In case of discrepancies between the English version and the Chinese version, the English version prevails.
11.5 Entire Agreement – These Terms and Conditions and any provision or document expressly referred to herein constitute the entire agreement between EduMakers and/or CTFEG and a Member and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between EduMakers and/or CTFEG and a Member relating to the subject matter.
11.6 Governing Law – These Terms and Conditions shall be governed by the laws of Hong Kong and shall be subject to non-exclusive jurisdiction of the courts of Hong Kong.

12. PARTIAL INVALIDITY

13. WAIVER

No waiver of any breach under these terms of use will amount to a waiver of any other breach.

14. THIRD PARTIES

15. GENERAL PROVISIONS

To assist you in understanding these Terms and Conditions, unless the context otherwise requires, these Terms and Conditions should be interpreted using the following rules:

15.1 words importing one gender include the other genders;
15.2 words importing the singular shall include the plural and vice versa;
15.3 references to paragraphs, are references to paragraphs in these Terms and Conditions;
15.4 expressions defined in the main body of this Terms and Conditions bear the defined meaning in the whole of this Terms and Conditions;
15.5 a right granted or reserved may be exercised from time to time;
15.6 headings are for ease of reference only and shall not affect the interpretation of these Terms and Conditions;
15.7 any reference to a person shall include that person’s successors, representatives and permitted assigns