Terms and Conditions

Edanz Group Terms of Service

(Last updated 11 November, 2016.)

Welcome to Edanz Group (“Edanz Group”, “we”, “our”, or “us”), which operates the website located at https://learning.edanzgroup.com (the “Website”). The following Terms of Service are a legal contract between you, an individual subscriber, customer, member, or user (“You”), and Edanz Group regarding your use of the Website. Visitors and users of the Website are referred to individually as “User” and collectively as “Users”.

Please read the following Terms of Use carefully. If you do not agree to any of the provisions set out in this document, you should not use the Website. By registering for, accessing, browsing, or using the Website, you acknowledge that you have read, understood, and agree to be bound by the following Terms and Conditions, including any additional guidelines as defined below (collectively, the “Terms”).

Table of Contents

• Right of Modification
• User Accounts
• Changes to the Websites, Accounts, and Pricing
• Privacy Policy
• Licensed Content
• Online Conduct
• Representations and Warranties
• Links to Other Sites
• Pricing, Order, Delivery policies
• Cancellation policy
• Jurisdiction
• Indemnification
• Severability
• Governing Law

Right of Modification

We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.  Your continued use of the Website after the posting of changes constitutes your binding acceptance of such changes.

For any material changes to the Terms, Edanz Group will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your account or by posting a notice on the Website, and such amended terms will be effective against You on the earlier of

(i) your actual notice of such changes and

(ii) thirty (30) days after Edanz Group makes reasonable attempt to provide you such notice.

Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

User Accounts

In order to fully participate in all Website activities, you must register for a personal account on the Website (a “User Account”) by providing an email address and a password for your User Account. You agree to that you will create, use, and access only one User Account, and that you will not access the Website using multiple User Accounts. Additionally, you must be human to have a user account. Accounts registered by “bots” or other automated methods are not permitted.

You are solely responsible for maintaining the confidentiality and security of your username and password, and you will remain responsible for all use of your username and password, and all activity emanating from your account, whether or not such activity was authorized by you.

If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you are advised to notify Edanz Group in writing, and should change your password at the earliest possible opportunity.

We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time.

Changes to the Website, Accounts, and Pricing

Edanz Group reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Website or any part thereof, temporarily or permanently. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, Edanz Group shall use its reasonable endeavors to notify registered users of such decision in advance.

You hereby agree that Edanz Group and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website that Edanz Group may wish to make, or for any decision to suspend, discontinue or terminate the Website or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.

Edanz Group may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for Paid Accounts. In the event of any increase in the price or material reduction in the features of any Paid Account to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where Edanz Group proposes to make changes to any type of account to which you subscribe (Paid Account or otherwise), and these changes are material and to your disadvantage, Edanz Group will notify you of the proposed changes by sending a message to your Edanz Group account and/or an e-mail to the then current e-mail address that we have for your account, at least six (6) weeks in advance. You will have no obligation to continue using the Website following any such notification, but if you do not terminate your account during such six (6) week period, your continued use of your account after the end of that six (6) week period will constitute your acceptance of the changes to your account.

Privacy Policy

Edanz may use all Registration Information, subject to Edanz Group’s compliance with the Edanz Group Privacy Policy that can be found here (the “Privacy Policy”). This Agreement includes terms and conditions set forth in the Privacy Policy. By indicating your agreement to this Agreement, you are consenting to have your personal data used by Edanz Group as set forth in the Privacy Policy.

Licensed Content

All content or other materials available on the Website, including but not limited to images, text, layouts, arrangements, displays, illustrations, audio and video clips, HTML files and other content are the property of Edanz Group and are protected by copyright, patent and/or other proprietary intellectual property rights under the United States and foreign laws. In consideration for your agreement to the Terms contained here, Edanz Group grants you a personal, non-exclusive, non-transferable license to access and use the Website. You may download material from the Website only for your own personal, non-commercial use. You may not otherwise copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material, nor may you modify or create derivatives works of the material. The responsibility of determining that your use of any information, software or any other content on the Website is permissible rests with you.

Online Conduct

You agree to use the Website in accordance with all applicable laws. You further agree that you will not e-mail or post any of the following content (“Prohibited Content”) anywhere on the Website:

• Content that defames, harasses or threatens others

• Content that defames, harasses or threatens others

• Content that discusses illegal activities with the intent to commit such activities, or encourages others to commit such activities

• Content that infringes or misappropriates another’s intellectual property rights, including, but not limited to, copyrights, trademarks or trade secrets

• Content that you do not have the right to disclose under contractual confidentiality obligations or fiduciary duties

• Material that contains obscene (i.e., pornographic) language or images

• Advertising, promotional materials, or any form of commercial solicitation

• Content that otherwise harms other users or visitors to the Website

• Content that is otherwise unlawful or that violates any applicable local, state, national or international law

• Content that probes, scans, or tests the vulnerability of any system or network

• Content that breaches or otherwise circumvents any security measures

• Content that interferes with or disrupts any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any other user or part of the Website

• Content that plants malware or otherwise uses the Website to distribute malware

Although Edanz Group does not routinely screen or monitor content posted by users to the Website, Edanz Group reserves the right to remove Prohibited Content of which it becomes aware, but is under no obligation to do so.

Copyrighted material, including without limitation software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Website without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

In addition, as a condition of accessing the Website, you agree not to

(i) reproduce, duplicate, copy, sell, resell or exploit any portion of the Website other than as expressly allowed under these Terms of Use;

(ii) use Edanz Group’s name, trademarks, server or other materials in connection with, or to transmit, any unsolicited communications or e-mails;

(iii) use any high-volume, automated or electronic means to access the Website (including without limitation, robots, spiders, scripts or web-scraping tools);

(iv) frame the Website, place pop-up windows over its pages or otherwise affect the display of its page; or

(v) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website.

Finally, you agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while using the Website.

Representations and Warranties

You hereby represent and warrant to Edanz Group as follows:

(i) Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in order to use the Content.

(ii) Your Content and the availability thereof on the Website does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, publishers’ rights, rights of privacy or publicity, or rights in confidential information.

(iii) Your Content does not and will not create any liability on the part of Edanz Group, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

Edanz Group reserves the right to remove Your Content, suspend or terminate your access to the Website and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.

Links to Other Sites

The Website may include hyperlinks to sites maintained or controlled by others. Edanz Group is not responsible for nor does it routinely screen, approve, review or endorse the contents of or use of any of the products or services that may be offered at these sites. Edanz Group disclaims any and all responsibility or liability for any harm resulting from your use of external websites, and you hereby waive any claim against Edanz Group with respect to the content or operation of any external services.

Pricing, Order, Delivery policies

Product prices shown on the Website are in US Dollars.

Although we try to ensure all our Products’ prices displayed in the Product Description are accurate, errors may sometimes occur. If we discover an error in the price of a Product you have ordered we will be unable to accept your Order and shall contact you as soon as possible in order to give the option of either reconfirming your Order at the correct price or cancelling it. If we are unable to contact you, we will treat your Order in respect of the incorrectly priced Product as cancelled.

Edanz takes all reasonable care, in so far as possible, to keep the details of your Order and payment secure, but in the absence of negligence on our part we will not be liable for any loss you may suffer if a third party procures unauthorised access to any Personal Information you provide when accessing or placing an Order on the Website.

We accept payment for Orders by by all major credit cards via PayPal.

If you choose to pay for your Order using a payment card with a currency denominated account that is different from the currency you are paying in, your payment card will be charged in the payment currency at the foreign exchange rate applied by your relevant payment card provider or bank at the time of processing your Order. Your international payment card provider or bank will determine the foreign exchange rate and may add an additional processing or administration charge which you will be liable to pay.

A Coupon cannot be exchanged for cash or refunded, and cannot be transferred to another person or party.

We will make every effort to deliver your Order within the estimated timescales. However delays are occasionally inevitable due to unforeseen factors or events outside our control, for example, material shortages, travel or transportation disruption, or higher than anticipated demand. Edanz shall not be liable for any delay or failure by us to deliver your Order within the estimated timescales as a result of such delays.

On the date your Order is delivered to you, your Order shall be considered complete. Clarification Edits are available for complete orders, and you may contact us at any time regarding your complete Order.

Cancellation policy

As it is our policy to try to process your order and start your project immediately, it is not possible to stop an Order from being processed once payment has been accepted. If you think there has been a mistake or error in the order process, contact us immediately at global@edanzgroup.com; where possible, if the project has not been started, we may be able to offer you a refund in the form of a coupon to the value of your order. Your coupon will be valid for 6 months from the date of issue, but it is not transferable to any other person or party. A Coupon cannot be exchanged for cash or refunded. If work on a project has already been started, then no refund will be possible.

Limitation of Liabilities

The website and any information, products or services therein are provided “as is” without warranty of any kind, either express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Edanz Group does not warrant, and hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of any site, information obtained from a site, or link to a site. Edanz Group does not warrant that the website will operate in an uninterrupted or error-free manner or that the website is free of viruses or other harmful components. Without limiting the foregoing, Edanz Group does not warrant that

(i) the website will meet your requirements or expectations or achieve the intended purposes,

(ii) the website will not experience outages or otherwise be uninterrupted, timely, secure or error-free,

(iii) the information or services obtained through or from the website will be accurate, complete, current, error-free, completely secure or reliable, or

(iv) that defects in or on the website will be corrected.

Edanz Group does not make any representation regarding your ability to transmit and receive information from or through the website, and you agree and acknowledge that your ability to access the website may be impaired. Edanz Group disclaims any and all liability resulting from or related to such events or the access or use of the website or any information or services related to them.

You acknowledge and agree that any access to or use of the website or such information or services is at your own risk.

Except as prohibited by law, you agree that Edanz Group will not be liable to you for any loss or damages arising out of or relating to these terms of use or your (or any third party’s) use or inability to use a website, data loss, your placement of content on a site, your reliance upon information obtained from or through a website, or any other potential claims related to the website.

Except as prohibited by law, Edanz Group will not have liability for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable, (including, but not limited to, claims for defamation, errors, loss of data, or interruption in availability of data), arising out of or relating to these terms of use, your use or inability to use the website, data loss, any purchases on this site, your placement of content on a site, or your reliance upon information obtained from or through the website, whether based in contract, tort, statutory or other law, except only in the case of death or personal injury where and only to the extent that applicable law requires such liability. Edanz Group’s total cumulative liability arising out of or related to the user’s use of the Edanz Group website will not exceed twenty U.S. dollars ($20) or the total amount of fees received by Edanz Group from the user for the use of the website during the past 12 months of use, whichever is greater.

You acknowledge and agree that the warranty disclaimers and the limitations of liability set forth in this terms of service reflect a reasonable and fair allocation of risk between you and Edanz Group, and that these limitations are an essential basis to Edanz Group’s ability to make the website available to you on an economically feasible basis.

You agree that any cause of action related to the website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

Jurisdiction

You may not use the service for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).

Indemnification

You agree to indemnify, defend and hold harmless Edanz Group, Our respective subsidiaries and affiliates, and each of Our respective officers, directors, agents, employees, and assignees, from any and all claims, liabilities, expenses and damages, including reasonable attorneys’ fees and costs, made by any third party relating to or arising out of

(i) your use or attempted use of the Website in violation of the Terms of Use;

(ii) your violation of any law or rights of any third party, or

(iii) information that you upload or otherwise make available on the Website, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

Governing law

These terms and conditions shall be governed by and construed in accordance with the laws of Japan and you irrevocably submit to the exclusive jurisdiction of the courts of Japan

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