ALEX TERMS OF SERVICE
Introduction
These terms and conditions set out the terms of use that apply to the web application(s), including any updates, that we make available through our website Alex (respectively, Application and Website) and also the terms of service that apply to any of the services accessible through any such Application or through any application that we make available for download from any third party application store (collectively, Services).

The Applications are provided by Smart Education Now Technologies LTD. (SEN TECHS).

BY ACCESSING AND/OR USING ANY APPLICATION OR SERVICE, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU (AND, IF RELEVANT, ANY ORGANISATION ON WHOSE BEHALF YOU ARE ACTING). IF YOU ARE ACTING ON BEHALF OF ANY ORGANISATION, YOU CONFIRM THAT YOU HAVE THE REQUISITE AUTHORITY, POWER AND RIGHT TO FULLY BIND THAT ORGANISATION. IF YOU (OR, IF RELEVANT, YOUR ORGANISATION) DO NOT AGREE TO ALL OF THESE TERMS (OR IF YOU DO NOT HAVE THE RIGHT TO BIND YOUR ORGANISATION), YOU ARE NOT PERMITTED TO ACCESS OR USE ANY APPLICATION OR SERVICE, AND YOU SHOULD NOT PROCEED FURTHER.

We reserve the right to change the terms of these terms and conditions from time to time by changing them on the Website and notifying you (with the updated terms being displayed on-screen or with a link to the updated terms) when you next start the Application. These terms and conditions were last updated on 20 November, 2020.

Access to the Applications and Services
Applications may only be accessed and used on a device owned or controlled by you and running the relevant operating system for which the Application concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to use any Application you wish to access.

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to access an Application from that device. You accept responsibility, in accordance with these terms and conditions, for all access to, and use of, any Application by you on any device, whether or not it is owned by you.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of any Application or Service or that any Application or Service will respond at a certain speed (since this depends on a number of factors outside our control).

Account register and creation
Certain features, functions or content of, or Services accessible through, an Application are restricted to users who have an account with us. To register to create an account with us, you must provide us with accurate, complete and up-to-date information, full contact information upon registering your courses at Apollo English. You are responsible for the information you provide to us. You must promptly inform of all changes to this information.

You must cease to use and delete your password from any of your records upon termination of your account, for whatever reason.
What you are not allowed to do
Except to the extent expressly set out in these terms and conditions, you are not allowed to:
  • republish, redistribute or re-transmit any Application or Service;
  • copy or store any Application other than for your use as permitted by these terms and conditions and as may occur incidentally in the normal course of use of your browser or mobile device;
  • store any Application on a server or other storage device connected to a network or create a database by systematically downloading and storing data (other than User Content) from any Application;
  • remove or change any content of any Application or Service (other than User Content) or attempt to circumvent security or interfere with the proper working of any Application or Service or any servers on which it is hosted, or attempt to reverse-engineer any Application;
  • use any Application in a way that might damage our name or reputation or that of any of our affiliates;
  • or otherwise do anything that it is not expressly permitted by these terms and conditions.
To do anything with any Application or Service that is not expressly permitted by these terms and conditions, you will need a separate licence from us. Please contact us, using the Contacting us details at the end of these terms and conditions.
Intellectual property rights
We license, but do not sell, to you any Application you access or use. We remain the owners of all Applications at all times.

All intellectual property rights in the Applications and Services their content (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in these terms and conditions gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by accessing any Application or any content from any Application.

The Applications may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software's source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that any Application contains any Open Source Software, you are only permitted to use that element under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under these terms and conditions, and you accept and agree to be bound by such Open Source Licence Terms.

User content:
User Content must not:
  • contain or link to any material which infringes any intellectual property right or other right of any other person;
  • be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence or data protection obligations;
  • contain or link to any material which is defamatory of any person or entity;
  • be likely to mislead or deceive any person;
  • be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
  • contain or link to any material which is obscene, offensive, hateful or inflammatory;
  • be menacing, threatening, abuse or invade another´s privacy, or cause harassment, anxiety, alarm, upset, embarrassment, annoyance or inconvenience to any person;
  • contain, link to or promote sexually explicit material;
  • promote violence or aggression;
  • promote discrimination based on race, gender, religion, nationality, disability, sexual orientation or age;
  • encourage, advocate, promote, solicit, invite or assist any illegal activity or unlawful act such as (by way of example only) intellectual property infringement or computer misuse;
  • be used to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); contain or link to any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • or give the impression that its emanate from us, our licensors, partners or associated organisations, if this is not the case.

You agree that, by submitting any User Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, publish, translate, distribute, perform and display such User Content (in whole or part) to the extent necessary in order for us to provide the Services.

Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you, at any time without prior notice, if we need to do so for security, legal or, unless that content is part of a subscription you have paid for, any other reasons.
Suspension and termination
We may, from time to time, with or without prior notice, temporarily suspend the operation of any Service (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

We reserve the right to suspend or terminate any Service at any time, with or without prior notice, if we need to do so for security, legal or, unless it is a paid-for Service subscription, any other reasons.

We may, with or without prior notice, suspend or terminate any Service and/or your use of your account in the event that you:
  • breach any of these terms and conditions;
  • fail to pay any correctly billed charges when due;
  • or become insolvent or make composition with your creditors or petition for your own bankruptcy or have a bankruptcy petition presented against you, or are subject to any event or proceedings which are equivalent or substantially similar under any applicable jurisdiction.
Upon termination:
  • all rights granted to you under these terms and conditions will immediately cease;
  • you must immediately discontinue all further use of your account and any Application or Service;
  • and you must promptly pay us all outstanding amounts that you owe us.
General
You may not transfer or assign any or all of your rights or obligations under these terms and conditions.

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of these terms and conditions is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of these terms and conditions may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by Vietnamese law, and you agree that any dispute between you and us regarding them or any Application will only be dealt with by the Vietnamese courts.

Contacting us
Please submit any questions you have about these terms and conditions to support@smartedunow.com or any other questions to support@smartedunow.com or write to us at your Feedback menu after logging into Alex.