Novalearn Terms and Conditions of Use

These Terms and Conditions (“Terms”) were last updated on 24 November, 2023.

Novalearn is an online community on a mission to celebrate every child’s individuality, teaching them everything they need to be anything they want. We have a library of creative projects and life-skills videos with challenges and assessments, combined with an amazing community of kids. We need your help to make Novalearn a place where all kids aged 17 or younger feel safe, welcome, and inspired to be awesome!

These Terms apply to all your activities on the Novalearn platform (including website and mobile application)(the “Novalearn Platform”). We also provide details regarding our processing of personal data of our users in our Privacy Policy.

When you sign up for Novalearn, you agree to the Terms set out herein. If you do not understand or do not wish to be bound by the Terms and/or our Privacy Policy, you should not use the Novalearn Platform. You hereby certify that (i) you are the parent or legal guardian (the “Parent” or “Guardian”, as applicable) of the student user (the “Student User”) of the Novalearn Platform, a minor who is under 18 years of age, or (ii) you are a teacher and that you are at least 18 years of age (the “Teacher”) to create a teacher’s account on the Novalearn Platform and you agree to the Terms herein as they are applicable to you.

1. Accounts

   You need an account to use the Novalearn Platform. Keep your password somewhere safe because you are responsible for all activities associated with your account. If you suspect someone else is using your account, let us know by contacting hello@novalearn.org. When setting up an account, you must provide and continue to provide accurate and complete information, including a first name, last name, and valid email address.

   The Novalearn profile of the Student User should be all about them and the unique things they are making and learning. Sharing of accounts or transferring of accounts between multiple users is not allowed. Pretending to be someone else or disguising one’s identity is not allowed and will result in a ban. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of the account.

   As the Parent or Guardian of a Student User, you shall open an account and hereby undertake all responsibility to help the Student User access content that is appropriate for the Student User. If you are below the age of 18, you may not create a Novalearn account but may have a parent or guardian open an account and help access appropriate content. If we discover that you have created an account that violates these rules, we will terminate your account.

   You can terminate your account at any time by emailing hello@novalearn.org. A Teacher’s account will be deleted upon his or her termination as a teacher on the Novalearn Platform. Check our Privacy Policy to see what happens when you terminate your account.

2. Content Enrollment and Access

   When you sign up for an account on the Novalearn Platform, you are authorised to use the Novalearn Platform but only for personal education and non-commercial purposes. In particular, you cannot use the Novalearn Platform to generate revenue or distribute or redistribute any portion and/or content available on the Novalearn Platform.

   The Novalearn Platform contains material that is protected by copyright, trademark or other intellectual property rights and the Novalearn Platform itself, is protected as a collective work under the copyright law and other laws of Hong Kong and other legal jurisdictions. You may not download, modify, publish, transmit, create derivative works from, or in any way exploit any component of the Novalearn Platform.

   When teachers or instructors publish content on the Novalearn Platform, they grant Novalearn a licence, to offer a licence to the contents to you and/or any Student User. Such content viewed by any Student User is solely licensed, not sold to you and/or the Student User. Neither you nor the Student User has any right to sell the content in any manner (including by sharing account information with a third party or illegally downloading the content and sharing it on torrent sites or otherwise). Teachers may not grant licence to their content to you and/or any Student User directly and any such direct licence shall be null and void and in violation of these Terms.

   Novalearn reserves the right to revoke any licence to access, use or view any content at any point in time in the event where Novalearn decides or are obligated to disable access by you and/or the Student user.

3. Payments (not applicable for Teachers)

   You agree to pay the fees to access (and for the Student User to access) the Novalearn Platform and you authorise us to charge your credit card or process other means of payment for those fees as arranged with Novalearn and the relevant parties. To facilitate the payment process, as applicable, Novalearn works with payment service providers to offer you the most convenient and secure payment methods. You may from time to time change or update the payment method. You hereby agree to the pricing information provided by the Novalearn Platform. The pricing information may be updated from time to time. Novalearn has the sole discretion to amend or revise the pricing information from time to time without any prior notice to or consent by you and/or any Student User.

   By making any payment through the Novalearn Platform, you are deemed to have accepted the terms and conditions of the relevant specified payment gateway, which may or may not charge administrative fees and/or other fees. Novalearn is not responsible for such fees and you shall solely be responsible for the said fees. Novalearn is not liable for any loss, damages, costs and expenses suffered by you and/or the Student User arising out of or in connection with (i) any act, default, omission or negligence of the relevant specified payment gateway, or (ii) the suspension, malfunction and/or closure of the relevant specified payment gateway.

   All fees paid are non-refundable.

4. Content and Behavior Rules

   You can only use the Novalearn Platform for lawful purposes. You are responsible for all the content that you post on the Novalearn Platform. All the content provided by you, your behaviour and any of your activities on the Novalearn Platform shall be in line with the Novalearn Community Guidelines and compliant with the law as well as recognising the intellectual property rights of others. Novalearn may, in its sole discretion, determine to ban, restrict and/or terminate your account, at any time with or without notice, for any or no reason, including but not limited to the violation of these Terms, the Novalearn Community Guidelines and/or applicable laws and regulations. Upon any such termination, we may delete your account and content and we may prevent you from further access to the Novalearn Platform. You agree that Novalearn shall have no liability to you, the Student User or any third party for termination of your account, removal of any content related to such account or blocking of access by you and/or the Student User to the Novalearn Platform.

5. Novalearn’s Rights to Content You Post

   You retain ownership of content you post to the Novalearn Platform. Novalearn is allowed to share your content to anyone through any media, including promoting it via other websites. The content you post, whether as the Parent or Guardian, Student User or Teacher, remains yours.

   By submitting or posting content on the NovalearnPlatform, you grant Novalearn a worldwide, irrevocable, non-exclusive, royalty-free licence (with the right to sub-license) to use, copy, reproduce, store, process, adapt, modify, publish, transmit, display, translate and distribute your content (including your name and image (including any Student User)) in any and all media distribution methods (existing now or later developed). You also grant Novalearn the right to bring an action for infringement of the rights licensed herein. You, and you on behalf of any Student User, as applicable, also waive any moral rights in your content, rights of privacy, publicity or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you, and you on behalf of the Student User, as applicable, have all the rights, power and authority necessary to authorise Novalearn to use any content that you submit or post on the Novalearn Platform. You, and you on behalf of the Student User, as applicable, agree to all such uses of your content with no compensation paid to you.

6. Using Novalearn at Your Own Risk

   Novalearn does not review or edit the content posted by you, Student Users or Teachers. Novalearn does not exercise any editorial control over the content that is available on the platform and as such, does not guarantee in any manner the reliability, validity, accuracy or truthfulness of the content. If you access content on the Novalearn Platform, you rely on any information provided by the Teacher or other participants at your own risk.

   By using the Novalearn Platform, you may be exposed to content that you consider offensive, indecent or objectionable. Novalearn has no responsibility to keep such content from you (including any Student users) and no liability for your access to the Novalearn Platform and/or any content therefrom, to the extent permissible under applicable law and regulations. Such is applicable also to any content relating to physical and mental health and wellness.

   When you interact directly with other participants such as a Student User or a Teacher, you must be careful about the types of personal information that you share. While we may restrict access to student information as part of Novalearn’s internal administration policies, we do not control what Student Users and Teachers do with the information they obtain from other users directly while using the Novalearn Platform. You should not share your email or other personal information about you for your own safety. We are not liable for disputes, claims, losses, injuries or damage of any kind that might arise out of or relate to the conduct of you, Student Users and/or Teachers.

7. Novalearn’s Rights

   Novalearn owns the Novalearn Platform including the website, present or future applications (including mobile applications) and things like Novalearn’s logos, code and content created by our employees. You cannot tamper with those or use them without Novalearn’s express and written authorisation and consent.

   All rights, titles and interest in and to the Novalearn Platform, including our website, our existing or future applications, databases and the content our employees and/or our contractors created for the Novalearn Platform are and will remain the exclusive property of Novalearn and its licensors, unless otherwise specified or agreed to in writing between Novalearn and the relevant parties. The Novalearn Platform is protected by copyright, trademark and other laws of Hong Kong and other foreign jurisdictions. You are not permitted to use Novalearn’s name or any of Novalearn’s trademarks, logos, domain names and other distinctive brand features. Any feedback, comments or suggestions you may provide regarding Novalearn or the Novalearn Platform is entirely voluntary and Novalearn is free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

8. Subscription Terms

   You will need to sign up with an account and pay the corresponding fee before you and the Student User shall have access to the Novalearn Platform. To sign up for your Novalearn account, you and the Student User will be required to provide certain personal information. Please see our Privacy Policy for further details.

9. Privacy Policy

   I hereby acknowledge and agree to be bound by the terms of Novalearn’s Privacy Policy and shall not disclose or make use of any personal data of any other user without the prior written consent of such user.

10. Binding Agreement

    You agree that by registering, accessing or using the Novalearn Platform, you are agreeing to enter into a legally binding contract with Novalearn. If you do not agree to these Terms, do not register, access or otherwise use the Novalearn Platform.

    If you are a Teacher accepting these Terms and using the Novalearn Platform on behalf of any company, organisation, government or other legal entity, you represent and warrant that you are authorised to do so.

    In the event of any inconsistencies or discrepancies between the English version and any other translated versions of these Terms, the English version shall prevail.

    These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and Novalearn. If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction will in any way be affected or impaired.

    Even if Novalearn delays or fails to take any action to exercise its rights under these Terms, such delay or inaction shall not be deemed a waiver of any rights Novalearn is entitled to under these Terms. Should Novalearn decide to waiver any rights in a particular instance, such shall not be deemed a waiver of their rights in general or in the future.

11. Disclaimers

    We make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors or accuracy of the content available on the Novalearn Platform and of the Novalearn Platform as a whole, and expressly disclaim any warranties or conditions (express or implied) including warranties of merchantability, fitness for a particular purpose, title and non-infringement. We make no warranty that you will obtain specific results from the use of the Novalearn Platform. Your use of the Novalearn Platform (including its content) is entirely at your own risk.

    We are not responsible for delay or failure of our performance relating to the Novalearn Platform caused by events beyond our reasonable control, including but not limited to acts of God, pandemic, war, terrorism, insurrection, revolution, hostility or sabotage, natural disasters, electrical, internet or telecommunication outages and/or government or regulatory restrictions.

12. Limitation of Liability and Indemnification

    IN NO EVENT WILL WE, OUR PARTNERS OR AFFILIATES, OR ANY OF OUR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SITE (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE Novalearn PLATFORM OR CONTENT CREATED ON OR THROUGH THE Novalearn PLATFORM).

    THE Novalearn PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

    THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF THE SERVICES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, GROSS NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, EVEN IF THE CLAIM ALLEGES THAT THE INDEMNIFIED PARTIES’ CONDUCT WAS WILLFUL.

13. Governing Law

    These Terms are governed by Hong Kong law.

14. Dispute and Notices

    The courts of Hong Kong have exclusive jurisdiction to resolve any dispute arising out of or in connection with these Terms.

    Unless otherwise specified in these Terms, all notices must be in writing and addressed to the other party’s email address. All notices to Novalearn shall be sent to us at hello@novalearn.org.

15. Updating these Terms

    From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and Novalearn reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

16. How to Contact Us

    If you have any questions or concerns regarding these Terms, the Community Guidelines and/or participating on the Novalearn Platform, please send a detailed message to Novalearn via email at hello@novalearn.org.

    We will make every effort to resolve your concerns.