This UTOS sets forth the general terms and conditions of your use of this website or Software (as applicable) and all related Services. An End User License Agreement (“EULA”) may also apply to your use of specific Services, and any such EULA is in addition to (not in lieu of) this UTOS. By accessing or using the Services you agree to the terms of the UTOS, and represent that you: (1) have read and understood the terms; (2) agree to use the Services in compliance with the UTOS, all applicable local, state, national, and international laws and regulations, and the academic rules or policies of your Institution; and (3) are an Authorized User. You may not use the Services if you do not agree with the UTOS or if you are not an Authorized User. If you have any questions about this UTOS, please contact us at firstname.lastname@example.org.
The section headings and italicized summaries contained below are for your convenience only, and do not have any legal meaning or effect.
1. Data privacy, collection, & use
Please review our Privacy Notice to understand our data collection and use practices. We will collect, process, and use your personal information in accordance with our Privacy Notice.
2. We may occasionally need to change the Terms of this UTOS
We may occasionally need to update the rules in this UTOS. But if we make meaningful changes, we’ll let you know. By continuing to use the Services, you agree to follow the updated rules.
Pearson may make changes to this UTOS from time to time for any reason. Typically, these changes are made to conform to current practices, comply with changing regulatory requirements, or other similar purposes. If Pearson modifies this UTOS in a manner that materially changes the terms or scope of the Services made available to you (“Service Change”), we will make reasonable efforts to notify you by either contacting you via email or posting reasonable notice in connection with the Services to alert you to such changes. Your continued use of the Services after reasonable notice of such changes to the UTOS has been provided will constitute your consent to the revised UTOS terms, which shall apply to any use of the Services following reasonable notice. If you deem any Service Change to have a material impact on you, you: (i) must so notify Pearson at email@example.com within thirty days after receiving notice of such change; and (ii) may terminate your Subscription and your use of the Services. If you have any questions about this UTOS, please contact us at firstname.lastname@example.org.
3. What we mean by the “Services”
By “Services,” we mean Pearson’s websites, digital products, and everything that powers them. While Pearson or its licensors own them, we want you to use and enjoy the Services according to these rules.
This website and its related applications, products, services, technology, content, and other intellectual property (collectively the "Services") is owned or licensed by Pearson or its Licensors. The Services may be provided directly by Pearson or accessed through an integrated third-party service provider ("Third-Party Service"). The Services may link to or provide options to access third-party websites or applications.
4. Who is authorized to use the Services?
To use certain Services, you’ll need to create a Pearson account. But don’t use the Services if you are a minor.
The Services are available only to individuals who have gained lawful access to the Services ("Authorized User"). In order to access certain Services, you must register for a user account ("User Account") by providing your name, valid email address or mobile phone number, country and designating a secret and unique username and password ("Account Credentials"). Pearson may use your Account Credentials to validate your account prior to providing access to the Services each time you access the Services.
You may have only one active User Account at any given time. You agree to provide accurate and truthful information when creating a User Account and to promptly update such information should it change.
You may not self-register for or otherwise access the Services if you are under the age of 14 unless your parent or legal guardian has established an account or registered on your behalf. If you are under the age majority pursuant to the laws in your jurisdiction (typically under the age of 18), you may not register or use the Services without first obtaining permission from your parent or guardian. Where a parent or legal guardian registers or establishes a User Account on your behalf as a minor they will be contracting with Pearson on your behalf until you reach the applicable age of majority in your country of residence, at which point the contract will transfer to you.
Pearson reserves the right, in its sole and absolute discretion, to suspend or terminate your User Account and your right to use or otherwise access any Service is automatically terminated if you violate these UTOS, any applicable EULA, or the AUP as defined below. Furthermore, Pearson also reserves the right to discontinue, temporarily or permanently, the Services, or any part of the Services at any time.
5. Acceptable use of the Services
Use of the Services is subject to Pearson’s Acceptable Use Policy (“AUP”). By accessing or using the Services you agree to comply with the terms of the AUP. Pearson reserves the right, at its sole discretion, to suspend or terminate access to and use of the Services with respect to any user that Pearson reasonably believes has undertaken, or participated in, any activities that violate the terms of AUP, or whose actions have, or are likely to, otherwise cause harm to Pearson, the Services, the Service Network (as defined in the AUP), or other users, or for any other reason at the sole and absolute discretion of Pearson. Additionally, Pearson may suspend or terminate your access at any time at the request of your Institution.
6. Please keep your account credentials secret & safe
You agree to: (1) keep your Account Credentials secret; (2) not let others log into your User Account; and (3) let us know if someone else gets hold of your Account Credentials.
Your User Account is for your personal use only. Unless we provide an approved mechanism for such use, allowing others to access or use the Services through your User Account is strictly prohibited and you are responsible for all uses of the Services associated with your User Account, whether the use is made by you personally or by a third party.
In order to protect the security of your Account Credentials and the Services, it is important that you maintain the confidentiality of your Account Credentials. You agree not to: (1) use Account Credentials other than your own; or (2) to disclose your Account Credentials to any third party or service, other than an authorized Third-Party Service. You agree to take reasonable steps to protect the secrecy of your Account Credentials and immediately notify Pearson at email@example.com of any known or suspected loss, disclosure, or theft of your Account Credentials and/or access codes you obtain in connection with the Services.
7. Pearson or its licensors own the Services
While we or our licensors own the Services and all related intellectual property, we want you to use and enjoy them as explained in this UTOS.
All websites, course materials, and other content provided through the Services (collectively, "Materials"), and any supporting software, applications, and systems (collectively "Applications") are the exclusive property of Pearson and/or its licensors, and are protected by intellectual property laws. All rights not expressly granted herein are reserved. Except as may be set forth in this UTOS, any relevant EULA, or the AUP, the reproduction, redistribution, modification, publication, or adaptation of Materials or Applications, in whole or in part, without the express written consent of Pearson and/or its licensors is strictly prohibited. The Services may allow you to copy or download certain Materials, but please remember that the availability of this functionality does not mean that the above restrictions do not apply.
Unless otherwise indicated, trademarks, service marks, and trade names (collectively "Marks") that appear on the Services are the property of Pearson or its licensors. Any trademarks not owned by Pearson that appear in the Services are the property of their respective owners. You agree not to misuse or disparage any Marks associated with the Services or use the Marks (or any confusingly similar marks) in such a way that would misrepresent the ownership of the Marks or otherwise confuse the public as to the source or origin of any products or services. You should not use any Mark without obtaining the written consent of the Mark owner, using appropriate notice and attribution of the owner's trademark rights, and using the Marks in accordance with applicable usage guidelines as provided by a Mark’s respective owner. Any such permitted use of the Marks by you shall be to the benefit of the respective Mark owner.
8. User suggestions will be owned by Pearson
If you suggest ways we can improve the Services, Pearson will own all intellectual property rights in your submissions, and may use your ideas without compensation.
Pearson always welcomes suggestions and comments regarding the Services. Suggested improvements, additions, or other comments may be submitted by you to Pearson, whether through the Services, online, offline, verbally, or in writing ("User Suggestions"). Regardless of the manner of submission, you hereby acknowledge that all right, title, and interest and any other intellectual property rights in the User Suggestions shall become the exclusive property of Pearson and may be used for its business purposes at Pearson’s sole and absolute discretion without any payment or accounting to you. This policy is intended to avoid the possibility of future misunderstandings when products and services developed by Pearson might seem to others to be similar to their own submissions or comments.
9. How we’ll use any Content you upload
You agree that we may use any content you upload to the Services (in accordance with our Privacy Notice, of course), and that you have authority to grant us that right.
The Services may provide functionalities for Authorized Users to create, upload, or post questions, responses, comments, ideas, articles, information, data, text, multimedia content, chat conversations or logs, messages, and other materials or submissions ("User Content"). By creating, posting, uploading, or linking to User Content, you grant to Pearson a perpetual, royalty-free, worldwide right and license to use, host, license, store, reproduce, display, transmit, adapt, and distribute such User Content and any derivative works created from such User Content (such as those resulting from changes we make so that your User Content works better with the Services) in connection with the Services. Further, you acknowledge and agree that your User Content shall be available to other users on the same terms as granted by you to Pearson under this UTOS and specifically this Section 9. Pearson shall not be responsible or liable for the deletion, destruction, damage, loss, or failure to store any User Content. By posting User Content that is owned by third parties, you represent that you have been granted the right to grant to Pearson the right to make such User Content available to users to the same extent as the Materials provided with the Services. You agree to provide proper copyright notices in connection with any User Content in which you or a third party assert a right of copyright. Additional terms and options may be presented through the user interface available on the Services for posting or uploading User Content, which shall supplement and have the same force and effect as the terms of this AUP.
10. Access to third-party websites & content is at your own risk
If the Services link or redirect you to non-Pearson websites or services, you agree to use them at your own risk.
You may have linked to the Services from a third-party website and/or the Services may provide links to other third-party websites or resources (collectively, “3P Sites”). Pearson assumes no responsibility for third-party content ("Third-Party Content"), services, or applications that may be accessed by way of links on the Services to sites hosted by third parties that are outside of Pearson's control ("Third-Party Sites"). Pearson does not endorse or guarantee the accuracy, integrity, or quality of Third-Party Sites or Third-Party Content and disclaims all liability for any errors, omissions, violation of third-party rights, or illegal conduct arising from such content or sites. The inclusion of a link to any Third-Party Site in the Services does not imply that the owners of such Third-Party Sites have sponsored or endorsed the Services. Pearson is not responsible for the availability of Third-Party Sites accessed through links to the Services, and any such Third-Party Sites are not covered by this UTOS or any other Pearson terms of policies. Should you discover that a link to a Third-Party Site is no longer functional please contact us at firstname.lastname@example.org. Any links which directs users to inappropriate content or Prohibited User Content should be reported to us at email@example.com.
11. How to submit a Copyright Infringement notice
If you have any copyright concerns about content available via the Services, or wish to submit a DMCA notice, please read the below for detailed instructions.
If you have any copyright concerns about any materials posted on the Services by others, or otherwise want to report inappropriate content on the Services, please let us know. Please provide us with written notice ("Notice") by contacting firstname.lastname@example.org
If you are a copyright owner or authorized agent of a copyright owner and believe in good faith that copyrighted work has been copied, adapted, reproduced, or exhibited through the Services in a manner that constitutes copyright infringement, you may submit written notification of the claimed infringing activity to email@example.com. To be effective, the Notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, ("Complaining Party") of an exclusive right that is allegedly being infringed upon; Information reasonably sufficient to permit Pearson to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address;
- Identification of the allegedly infringing material on the Services ("Infringing Material"), and information reasonably sufficient to permit Pearson to locate such material on the Services; Identification of the copyrighted work claimed to have been infringed upon ("Infringed Material"), or if multiple copyrighted works on the Services are covered by a single Notice, a list of each copyrighted work claimed to have been infringed (please be specific as to which Infringing Material is infringing on which Infringed Material);
- A statement that the Complaining Party has a good faith belief that use of Infringing Material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notice is accurate, and, under penalty of perjury, that the Complaining Party is the owner or is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12. How to report other prohibited content
Please notify us of any content you find in the Services that is infringing, offensive, or is otherwise prohibited under this AUP. We don’t want it here either.
Pearson also encourages you to report to firstname.lastname@example.org any Prohibited User Content. To ensure Pearson can quickly respond to the issue, your email should include: the originating Pearson page URL; the linked page URL; a description of the content in question and the basis upon which you believe the content is prohibited or otherwise inappropriate; and the contact information through which Pearson may best reach you if you are willing to further assist Pearson in its investigation.
13. Availability of the Services
You understand that the Services: (1) need Internet access to work; (2) may occasionally be offline for maintenance or emergencies; and (3) have features and functionality that may change over time.
You are responsible for obtaining Internet access in order to use the Services. While Pearson makes reasonable efforts to ensure the availability of the Services to Authorized Users, the Services may be unavailable for limited periods of time due to scheduled routine maintenance, emergency maintenance or factors beyond Pearson's control, such as disruptions of Internet services or unforeseen threats to the integrity or security of the Services.
Pearson may at any time, with or without notice to you, restrict the use and accessibility of the Services and/or discontinue any portion, feature, or content of the Services. Pearson will make reasonable efforts to provide Authorized Users notice of significant changes to the Services whenever reasonably feasible. Information and updates about changes to the Services and its availability are posted regularly at www.pearson.com.hk .
14. The Services come with no warranties
The Services’ availability and performance occasionally may be less than perfect, and you nonetheless agree to use them “as-is” and at your own risk.
You expressly acknowledge and agree that: (1) your use of the Services is at your own risk; (2) the Services are provided on an "as is" and "as available" basis; (3) you have not relied on any statement, information, or advice from Pearson's representatives or resellers that would be deemed to be a warranty of these services or form the basis for any liability of Pearson; and (4) to the fullest extent permitted under applicable law, Pearson and its licensors and contractors expressly disclaim all warranties and conditions of any kind, including those created by course of performance, course of dealing, usage of trade, and whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Neither Pearson nor its licensors make any representation or warranty that: (1) the Services or your use thereof will be uninterrupted or error-free; (2) the results that may be obtained from the use of the Services will be accurate or reliable; or (3) the Services will meet your requirements.
Any material uploaded/downloaded or otherwise obtained from the Service is done at your own discretion and risk; neither Pearson nor its licensors shall be liable, and you will be solely responsible, for any and all loss, or corruption, of data uploaded or inputted by you through the use of the Service, and all servicing, repair, or correction and any damage to your hardware and software that may result from the use of the Service.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
15. Pearson’s liability to you is limited
If something goes wrong with the Services, Pearson’s liability to you is limited, as is your ability to bring claims.
Nothing in this UTOS is intended to exclude or limit any condition, warranty, right, or liability that may not be lawfully excluded or limited under applicable law. Accordingly, only the limitations that are lawful in your jurisdiction will apply to you and in such instances our liability will be limited to the maximum extent permitted.
In no event shall Pearson or its employees, officers, agents, contractors, or licensors be liable for any compensatory, incidental, indirect, special, punitive, or consequential damages of any kind - including, without limitation any claims or damages based on your use of or inability to use the services, any third-party websites, or applications accessed through the Services, damage to property, third-party claims, loss of profits, goodwill, data, or other intangible losses, losses caused by your reliance on any content or information provided through the services, and/or any other losses of any kind arising from your use of the services. Pearson's maximum aggregate in connection with the services will in no event exceed the total fees paid by you for the specific services from which the loss arises. The limitations set forth in this section shall apply whether such liability is asserted on the basis of contract, tort, or otherwise, even if Pearson has been advised of the possibility of any such loss or damage, and/or if any of the limited remedies in this UTOS fail their essential purpose.
No action, regardless of form, arising under this UTOS may be brought by you more than one year after the facts supporting the cause of action have become known, or reasonably should have become known, to you.
16. You are responsible for any damage you cause Pearson
You agree not to use the Services in violation of these rules, or for any unlawful purpose. But if you DO, you agree to compensate Pearson for any damage you cause.
As a condition of your use of the Services, you warrant and represent to Pearson that: (1) you are an Authorized User; (2) you will, at all times, comply with all applicable local, state, national or international laws or regulations, and/or the academic rules or policies of your Institution in using the Services; and (3) you will not use the Services for any purpose that is unlawful or prohibited by these UTOS, any applicable EULA, or the AUP. To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless Pearson and its employees, officers, agents, contractors, and licensors from any claims, damages, expenses, or liabilities arising from or in any way related to any violation of this UTOS or unauthorized use of the Services.
17. If we get into a dispute, these are the laws that will apply & the courts where claims may be brought
Any litigation over the Services will be resolved in the courts of New York, Ontario, or England (depending on where you live).
You agree that this UTOS shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods and that any and all actions, disputes or controversies relating to this UTOS or your use of the Services (each a "Claim") shall be subject to the laws of Hong Kong.
The courts of Hong Kong have exclusive jurisdiction over any dispute between you and us, irrespective of whether or not you are a registered user/subscriber and irrespective of the type of dispute. You agree not to commence or prosecute any action against us other than in the courts of Hong Kong and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non convenience with respect to, venue and jurisdiction of the courts of Hong Kong. Notwithstanding this, you agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
18. You agree to comply with export laws
You may not use the Services if you: (1) are located in a country designated by the U.S. Government as a “terrorist supporting” country; or (2) are listed on any U.S. Government list of prohibited or restricted parties. You also promise not to export the Services to countries requiring a U.S. export license.
Your use of Services, the Applications, and related technology are subject to U.S. or international control or export laws and regulations (“Export Laws”). Without limitation, you agree to strictly comply with all such Export Laws and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import the Application and related technology, as may be required. You represent and warrant that: (1) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (2) you are not listed on any U.S. Government list of prohibited or restricted parties. You agree not to transfer, directly or indirectly, by electronic means or otherwise, any Services to any country, or to any agent, representative, or foreign national of any country, for which the U.S. Government or any agency thereof requires an export license or otherwise restricts such exports. You will indemnify and hold Pearson harmless from any and all claims, losses, liabilities, damages, fines, penalties, costs and expenses (including, but not limited to, attorney’s fees) arising from or relating to any breach by you of your obligations under this section.
19. Payment Security at Pearson Hong Kong eStore
As long as your browser supports the use of encrypted data transmissions, PayDollar, Pearson Hong Kong eStore's payment services provider, ensures your payment details are securely transmitted via Internet to the acquiring bank, card and payment companies for real-time transaction authorization using Extended Validation Certificates (EV) SSL transaction encryption to make it impossible to be intercepted by an unauthorized party. Pearson Hong Kong has no access to the details you supplied to PayDollar.
20. A few additional, miscellaneous terms
This UTOS is personal to you, and you may not assign, transfer or delegate your User Account or your rights or obligations under this UTOS, any applicable EULA , or the AUP (collectively, the “Terms”) to anyone. Pearson may assign or delegate its rights or obligations under the Terms, in whole or in part, subject to Pearson's right and obligations under the Terms and any agreement it may have with your Institution. In the event that any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable for any reason, the remainder of the Terms shall remain valid and enforceable according to its terms. The Terms comprise the entire agreement between Pearson and you with respect to the Services and cannot be modified by you absent a signed written agreement. Section headings and summaries in the Terms are for your convenience only and do not have any legal meaning or effect. If Pearson waives or fails to enforce any term or condition of the Terms on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce such terms will not prevent Pearson from enforcing any terms or condition of the Terms at any other time. It is the express wish of the parties that the Terms and all related documents be drawn up in English. 雙方明示同意所有的條款和條件由英文寫就。
Pearson Education Asia Limited is a registered company in Hong Kong whose registered office is at 28/F, 1063 King's Road, Quarry Bay, Hong Kong.
Our “affiliated entities” mean other Pearson Education group companies which are under common control with Pearson Education Asia Limited by Pearson Plc, including without limitation Pearson (Beijing) Management Consulting Co., Ltd, Pearson Education Taiwan Ltd, Pearson Education South Asia Pte. Ltd., Edexcel Limited (and its subsidiaries), Pearson Education Limited, Pearson Education S.A, Pearson Italia SpA, Pearson Education, Inc. ,Pearson Japan KK, Pearson Education Korea Ltd, Pearson Australia Group Pty Ltd, Pearson Holdings Southern Africa (Pty) Limited (and its subsidiaries), CTI Education Group (Pty) Ltd (and its subsidiaries), Longman Nigeria plc, Pearson Education de Mexico SA de CV, Pearson Education de Colombia Ltda, Pearson Education do Brazil Ltda.
Last Revised: July, 2020