Terms and Conditions

Last update 15 September 2022

General Terms and Conditions

“ARCH”, “we”, “our” and “us” means any member of ARCH Education Group Limited and its subsidiaries. “You” and “your” means any of you (as a student) and your parent or guardian, as the case may be.
General Terms and Conditions set out below shall be applicable to your enrollment of our classes, lessons, programmes and courses (collectively, the “Programmes” and each a “Programme”) as well as your engagement of our admission consultation services or any other services (collectively, the “Services” and each a “Service”).
In addition to these General Terms and Conditions,
- Terms and Conditions for Class set out in our website shall apply if you enrol our Classes (as defined therein);
- Terms and Conditions for Online Service set out in our website shall apply if our Programmes and Services are provided or made available on or through online platforms owned, operated and/or controlled by ARCH or any third party;
- terms and conditions referred to and/or annexed to your application or agreement form and
- any other terms and conditions applicable to you from time to time including those set out on our website (collectively, the “Terms”).
By enrolling into the Programme and/or engaging the Services, you confirm that you are at least the age of 18 and your parent agree to undertake the due and punctual payment of all amounts payable by you under the Terms and the due and punctual performance and observance by you of all your obligations, commitments, undertakings, warranties and indemnities under or pursuant to the Terms. If you are under the age of 18, you should obtain consent from your parent or guardian before your enrollment and/or engagement.
To the maximum extent permitted by law, ARCH and all our employees, directors, officers, agents, shareholders and affiliates shall not be liable for any and all loss, expense, damage, delay, injury, claim, damage, liability, costs or compensation, whether direct, indirect or consequential, arising from or in relation to your attendance of our Programme, the use of our center, and your engagement of our Services, other than any liability for death or personal injury resulting from negligence by ARCH or its employees, directors, officers, agents, shareholders or affiliates.
Our liability for loss or damage of any kind (including loss or damage caused by negligence) is reduced to the extent that you cause or contributed to that loss or damage.
To the extent that our liability cannot be excluded and we are able to limit our liability, our maximum aggregate liability for all claims arising from, in connection with or related to your attendance of our Programme, your use of our center, and your engagement of our Services shall be limited to an amount equal to the aggregate amount of fees we received from you in respect of that Programme or Service.
You agree to indemnify and hold ARCH and our directors, officers, employees, consultants, advisers and agents harmless from any and all claims, liabilities, costs, damages, losses and expenses, including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs and all other professional costs and expenses, suffered or incurred by any of us arising out of or in connection with your breach or violation of any applicable laws and regulations or of any of the Terms. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
We may assign, transfer or sub-contract any of its rights or obligations under these terms to any third party at our discretion.
No failure or delay by us in exercising any right or remedy under these terms shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
Each provision in the Terms shall be construed separately as between you and us. If any of the provisions is held to be invalid, illegal, unenforceable, or incapable of performance but would be valid if some part thereof was deleted such provision shall apply but with such modification as may be necessary to make it valid, legal and enforceable.
We reserve the right, at our sole discretion, to modify, change, add or remove any terms and conditions of each of the Terms at any time and the latest version of the Terms will be the one available at http://www.arch-education.com/. Such modification, change addition and removal will be effective when it is posted on our website or sent to you. Your continued engagement with us after any changes to these terms are posted or sent will be deemed acceptance of those changes.
We reserve the right, at our sole discretion, to vary, cancel and terminate any of our Programmes and Services provided that
- if the variation of the scope of such Programme or Service is substantial; or
- if our Programme or Service will be cancelled or terminated, we shall give at least 1 month prior notice in respect of such substantial variation, cancellation or termination.
You agree that we may take any photographs, video and/or audio recordings taken of you and all or any part of our Programme or Service (including voice chat communications and videos) for the purposes of quality control, internal staff training, and publications and promotional activities (including but not limited to our website, social media platform and promotional and marketing materials) and that we shall be entitle to use all such photographs, transcripts and recordings made of you (without having to identify you by name), in their original format or edited, adapted or altered for the said purposes. You acknowledge that ARCH and affiliated companies shall be the absolute owner of all such photographs, transcripts and recordings.
Save that any member of ARCH may enforce these terms, a person who is not a party to this agreement shall not have any right to enforce any term of this agreement or have any benefits under this agreement. Subject to the immediately preceding sentence, application of the Contracts (Rights of Third Parties) Ordinance (Chapter 623 of the Laws of Hong Kong) is expressly excluded.
These Terms shall be governed by and are to be construed in accordance with the laws of Hong Kong. Any dispute, controversy or claim arising out of or relating to these Terms, or the breach, termination or invalidity thereof, shall be submitted to the exclusive jurisdiction of the Hong Kong courts.

Terms and Conditions for Class

“ARCH”, “we”, “our” and “us” means any member of ARCH Education Group Limited and its subsidiaries. “You” and “your” means any of you (as a student) and your parent or guardian, as the case may be.

By registering ARCH classes, lessons, programmes and courses (collectively, the “Programmes” and each a “Programme”) as well as your engagement of our admission consultation services or any other services (collectively, the “Services” and each a “Service”)., students and parents must accept and agree to Terms and Conditions of Online Service. The latest version of General Terms and Conditions will be the one available at http://www.arch- education.com/.

Terms and Conditions for Class set out below (“Terms and Conditions for Class”) shall apply to your enrollment of our Class (as defined herein below). The latest version of these Terms and Conditions for Class will be the one available at http://www.arch-education.com/.

Unless otherwise defined in these Terms and Conditions for Class, capitalized terms defined under in the General Terms and Conditions have the same meaning.

Enrollment Policy

Enrollment in classes, lessons or courses (collectively, the “Classes” and each a “Class”) may be subject to pre-course assessment to determine applicant’s suitability to enroll in such Class. ARCH reserves the right to refuse the admission of any applicant who, in its opinion, does not meet the minimum requirement for the Classes and/or may impact the learning of our other students.
In the event of non-payment of tuition fee, disruptive behaviour in class or at our center, negative impact on other students’ learning, potential or actual non- observance of any of the Terms (including these Terms and Conditions for Class), ARCH reserves the rights to discontinue an applicant’s enrollment, to suspend his/her attendance from the Class, to the change the class instructor for courses and to make any arrangement in class as deemed appropriate or necessary, at any time without prior notice.

Payment Policy
Tuition fee must be paid prior to the commencement of the class or such other date as requested under the additional terms as set out in confirmation email.
ARCH reserves the right to suspend the student’s attendance from the Class if tuition fee has not been paid as requested.
A HK$50 administration fee will be charged for any cheques returned by your bank.
ARCH reserves the right to apply the following charges for late payment of the tuition fee as follows:
- 5% of the outstanding fees after 5 working days following the date on which the fee is due and payable;
- 10% of the outstanding fees after 10 working days following the date on which the fee is due and payable; and
- 15% of the outstanding fees after 15 working days following the date on which the fee is due and payable.
Where any private lesson reservation is made with us within the same calendar month, the tuition fee for all reserved lessons must be paid within 1 working day after confirmation of the reservation or 48 hours before attending the first reserved lesson (whichever is earlier).
Where any private lesson reservation is made for the next calendar month, the tuition fee for all reserved lessons must be paid within 3 working days after confirmation of the reservation or 48 hours before attending the first reserved lesson (whichever is earlier).

Make-up Class Policy
Other than group Classes, no make-up classes (including but not limited to Summer and holiday courses and private lessons).
Clauses 11 to 17 of these Terms and Conditions for Class shall be applicable to group Classes only.
Any absence from group Class must be notified to ARCH by an e-mail notice of at least one week in advance of the class, unless a copy of the medical certificate is provided. ARCH will not accommodate a make-up class request for notification given on the day or after the scheduled class, without a medical certificate.
It is your responsibility to contact ARCH to schedule a make-up class. If you do not schedule a make-up class within the prescribed timeframe, you will not be entitled to any refund or additional make-up class.
We offer up to three make-up classes per term. However, we may not be able to guarantee alternative timeslots or available timeslots that will fit the student’s schedule.
The student will only be able to join a make-up class in the same week and at the same level of the missed class.
No refund or additional make-up classes will be offered if the student is unable to attend any scheduled / proposed make-up classes.
Materials from the missed class will be distributed to the student if the student is unable to attend a make-up class.
Missed / Make-up classes are non-refundable and non-transferable between students or courses.

Rescheduling / Shortening / Cancellation of Private Lessons
Rescheduling, shortening or cancellation of any scheduled private lessons confirmed and paid will be granted only if a written request is made to ARCH 48 hours before such private lesson starts. Unless provided with sufficient notice in writing, ARCH shall be entitled to charge for any scheduled private lesson.
Any rescheduled private lesson must be completed within the 6 days from the date of the original lesson.
All paid and confirmed private lessons are non-refundable (except where clauses 25 and 26 of Terms and Conditions for Class apply) and non-transferable between students or subjects.

Course Withdrawal
You may withdrawal any Class by giving us at least 30 days prior notice in writing (via email, fax or letter). For the avoidance of doubt, you shall remain responsible for any tuition fee payable after giving your withdrawal notice.
Unless ARCH has received your withdrawal notice made in accordance with clause 21 of the Terms and Conditions for Class, your enrollment of our Class and your obligations hereunder (including payment of tuition fee) shall continue.
All paid classes are non-refundable (except where clauses 25 and 26 of Terms and Conditions for Class apply) and non-transferable between students or courses.

Refund Policy
Except where clauses 25 and 26 of Terms and Conditions for Class apply, there is no refund for any Class.
In case of ARCH permanent closure of business prior to the commencement of the Class (including private lessons), we will refund in full all the tuition fee received in respect of such Class to you.
In case where ARCH suspends, cancels or ceases to continue any Class, and any alternative arrangements offered by ARCH (if any) is refused, we will refund the tuition fee received in full (where such cancellation is made prior to the commencement) or on a pro-rata basis (where there is any class paid but unattended until cessation).
Refunds will be made by cheque or direct deposit into your designated bank account.
With regards to refund procedure, we will
- inform the student of refund arrangements in writing (e-mail, fax or letter); and
- issue a refund receipt which the student is required to sign to acknowledge receipt of the refunded amount.

Adverse Weather Conditions Policy

Morning classes will be cancelled if Black Rain Warning / Typhoon Signal No. 8 or above is hoisted within two hours of the scheduled start time.
All afternoon classes will be cancelled if Black Rain Warning / Typhoon Signal No. 8 or above is hoisted at 4pm.
There will be no make-up classes, rescheduling or refund for any classes cancelled as a result of the adverse weather conditions.

Your Responsibilities
You agree and undertake:
- not to take any photographs, make any video or audio recordings, reproduce, distribute, show, display, copy, distribute, modify, perform, transfer, create derivative works from, rent, lease, sell or otherwise exploit, in whole or in part, any of the Materials (as defined below) (for example, class materials, lesson notes, assessments and tests) distributed by ARCH without our prior written consent;
- not to solicit or make private arrangements for tuition with our instructors, tutors, personnel employed or contracted by ARCH, without our prior written consent;
- to arrange appropriate transportation or pick-up for the student to and from ARCH premises. ARCH does not require students to sign-out or notify us when they are leaving the premises;
- to check emails regularly for notifications from ARCH; and
- to attend all Classes enrolled in order to gain the most benefit from the courses.

Privacy

Any collection, retention, disclosure, transfer and use of any person data shall be complied with our Privacy Policy which is made available at our website at www.arch- education.com.

Intellectual Property

You acknowledge and agree that all materials provided to you as a result of your enrollment of our Class, whether in writing or in any other form or medium, including without limitation books, articles, news, class materials, lesson notes, assessments, tests, drilling/mock exam papers, audio, photographs, illustrations, graphics and videos (the “Materials”), are the intellectual property owned by ARCH, our affiliates, our licensors or other third parties which are protected by copyright laws and/or other intellectual property laws.
“ARCH EDUCATION” and our logos, trademarks and trade names contained in the Materials are the marks, names and/or logos owned by ARCH. Other names and logos contained in the Materials are the marks, names and/or logos owned by others.
You acknowledge and agree that
- nothing contained in the Materials shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Materials, trademarks, trade names or logos contained in the Materials.
- you will not copy or permit the copying of the Materials, or distribute any of these Materials through any means, or disclose or permit the disclosure or sell or hire the same to other.
ARCH agrees to grant to you a non-exclusive, royalty free, non-assignable, non- transferable and revocable licence to use the Materials solely for your personal non- commercial study.
Any use of the Materials other than those permitted under these Terms and Conditions for Class is strictly prohibited.
You agree and consent that any and all information including ideas, testimonials, comments, messages, data, suggestions, designs, concepts and other items or materials disclosed or provided to ARCH as a result of your enrollment of our Class (“Submissions”) will deemed non-confidential and may be used by us for any purposes without your prior consent.
You shall be responsible for your Submissions. You represent and warrant that the disclosure and provision of such Submission shall not in any manner:
- violate any applicable law or regulation or advocate illegal activities;
- infringe the copyright, trademark, trade secrets or other intellectual property rights of others;
- violate the privacy or publicity or other personal rights of others;
- be libellous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful; or
- advertise or solicit funds, goods, services or disseminate any junk mail, spam, chain letters, schemes or other forms of solicitation, and you agree not to submit any such material.
If your Submission is original to you, you confirm no other party has any rights thereto, and agree to grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub- licensable right and license to display, use, reproduce, copy, incorporate, modify, create derivative works of, transfer and distribute the same (in whole or part) for any purposes. We shall not be responsible to accept, maintain, pay or compensate, respond, save or retain any Submissions and may delete or destroy all or any of them at our sole discretion at any time.

Terms and Conditions for Online Service

By registering ARCH classes, lessons, programmes and courses (collectively, the “Programmes” and each a “Programme”) as well as your engagement of our admission consultation services or any other services (collectively, the “Services” and each a “Service”)., students and parents must accept and agree to General Terms and Conditions. The latest version of General Terms and Conditions will be the one available at http://www.arch- education.com/.

Terms and Conditions for Online Service set out below (“Terms and Conditions for Online Service”) shall apply to our Programmes and Services available on or through online platforms owned, operated and/or controlled by ARCH or any third party. For the purpose of these Terms and Conditions for Online Service, online platforms include website, web application, mobile application, social media, intranet, chat rooms, message boards, forums, blogs, Zoom, Facebook messenger, Skype, Whatsapp and so on. The latest version of these Terms and Conditions for Online Service will be the one available at http://www.arch- education.com/.

Unless otherwise defined in these Terms and Conditions for Online Service, capitalized terms defined under in the General Terms and Conditions have the same meaning.

Proprietary rights

You acknowledge and agree that all materials, content, service and information delivered to you online as a result of your enrollment of our Programme and/or your engagement of our Service, whether real time content or self-access, including without limitation audio, photographs, illustrations, graphics, visuals and videos (the “Online Materials”) are owned by ARCH, our affiliates, our licensors or other third parties which are protected by copyright laws and/or other intellectual property laws.
“ARCH EDUCATION” and our logos, trademarks and trade names contained in the Online Materials are the marks, names and/or logos owned by ARCH. Other names and logos contained in the Online Materials are the marks, names and/or logos owned by others.
Nothing contained in the Online Materials shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Online Materials, trademarks, trade names or logos contained in the Online Materials.
ARCH agrees to grant to you a non-exclusive, royalty free, non-assignable, non- transferable and revocable licence to use, download or copy the Online Materials solely for your personal non-commercial study with full acknowledgement of source. You will not obtain any right, title or interest in any of the Online Materials as a result of such use, downloading or copying. Such license will terminate when you finish the service or lesson.
Any use of the Online Materials other than those permitted under these Terms and Conditions for Online Service is strictly prohibited.

Online Submissions

You agree and consent that any and all information and materials including ideas, suggestions, survey responses, testimonials, comments, messages, data, suggestions, designs, concepts and other items or materials disclosed, submitted, posted, uploaded, emailed, transmitted, distributed, published or offered to us through any online platform owned, operated and/or controlled by ARCH or any third party ("Online Submissions") will be deemed not to be confidential and may be used by us for education, academic and any other purposes.
You shall be responsible for your Online Submissions. You represent and warrant that the disclosure and provision of such Online Submission shall not in any manner:
- violate any applicable law or regulation or advocate illegal activities;
- infringe the copyright, trademark, trade secrets or other intellectual property rights of others;
- violate the privacy or publicity or other personal rights of others;
- be libellous, defamatory, obscene, pornographic, scandalous, threatening, abusive or hateful;
- advertise or solicit funds, goods, services or disseminate any junk mail, spam, chain letters, schemes or other forms of solicitation;
- restrict or inhibit any other user from using and enjoying our online platform or our Programme or Service available on or through other online platforms;
- disclose personal, sensitive, proprietary or confidential information; or
- contain viruses, Trojan horses, worms, corrupted files, any other Malware or other materials that may cause damage to another's computer, and you agree not to submit any such material
If the Online Submission is original to you, you confirm no other party has any rights thereto, and agree to grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to display, use, reproduce, copy, incorporate, modify, create derivative works of, transfer and distribute such material (in whole or part) for education, academic and any other purposes. We shall not be responsible to accept, maintain, pay or compensate, respond, save or retain any Online Submissions and may delete or destroy all or any of them at our sole discretion at any time.
We may not monitor your Online Submission, but reserve the right to monitor it any time. We may remove any Online Submission posted by you on our online platform which is abusive, illegal disruptive, or inappropriate, in our sole and absolute discretion, without any compensation or recourse to you or any other person.
We may also in our sole discretion impose limits on certain features of our online platform or our Programme or Service available on or through other online platform, or restrict your access to part or all of our online platform or our Programme or Service available on or through other online platform without notice or compensation if we believe you are in breach of the Terms (including these Terms and Conditions for Online Service) or applicable law, or for any other reason without notice or liability to you.

Your Responsibilities

You agree and undertake:
- not to reproduce, distribute, publish, download, store, display, copy, reproduce, distribute, modify, perform, transfer, transmit, create derivative works from, rent, lease, sell or otherwise exploit any Online Materials and our Programme/Services available to you on or through online platforms;
- not to impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- not to gain or attempt to gain unauthorized access to other computer systems through our online platforms;
- not to behave inappropriately or unlawfully in our online Programme and provision of online Service;
- not to engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on our online platform or for any Programmes or Services available on or through other online platforms, or obtaining lists of users or obtaining or accessing other information or features on, from or through our online platform or our Programmes or Services available on or through other online platforms, including but not limited to any information residing on any server or database connected to such online platform, Programme or Service;
- not to use our online platform or our Programmes or Services available on or through other online platforms in any manner with the intent to interrupt, damage, disable, overburden, or impair such online platform, Programmes or Services, including but not limited to sending mass unsolicited messages or "flooding" servers with requests;
- not to use our online platform or our Programmes or Services available on or through other online platforms in violation of any applicable law or the legal rights of any third party;
- not to attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with our online platform or our Programmes or Services available on or through other online platforms, or any content thereof, or make unauthorized use thereof;
- to treat tutors and instructors with respect and not use obscenities in the online classroom, lie about false emergencies, make threats or discuss personal matters or matters other than those relating to our Programme or Service;
- not to solicit any person information from any of our tutor, instructor or personnel;
- to report to us immediately by phone or in writing if any of our tutor, instructor or personnel discloses their personal information to you, asks you for any personal information, or suggests any unauthorized meeting or conversation, for any purpose other than those relating to our Programme or Service;
- not to use our online platform or our Programme or Service available on or through other online platform to recruit, solicit, or contact in any form tutors or instructors for employment or contracting for a business not affiliated with us without our advance written permission;
- not link directly to any image hosted on our online platform or our Programme or Service available on or through other online platform, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another website/online service platform;
- not to link from any other website service platform to our online platform in any manner such that our online platform, or any page of our online platform, is "framed," surrounded or obfuscated by any third party content, materials or branding;
- not to provide access to our online platform, Online Materials, Programme or Service available on or through other online platform to any other individual or legal entity;
- not use our online platform, Online Materials, Programme or Service available on or through other online platform in contravention of any applicable laws and regulations; or
- not to take any photographs, make any video or audio recordings of our Programme or Service, or our directors, officers, employees, tutors, instructors, consultants, advisers and agents.
You shall be responsible for all computer hardware, software, network connections, telecommunication links and other equipment and all fees for services (such as internet service and wireless services) required for access and use of our online platform, Online Materials, Programme or Service available on or through other online platform.
You acknowledge and accept that the traffic of data through the internet may cause delays during the use of our online platform, Online Materials, Programme or Service available on or through other online platform and that our online platform, Online Materials, Programme or Service available on or through other online platform will not be available on a continual twenty-four hour basis due to such delays, or delays caused us for upgrading, modification, repairs or maintenance any relevant online platform.
In the event of non-payment of tuition fee; disruptive, inappropriate or unlawful behaviour in our online class or provision of Services; negative impact on other students’ learning; potential or actual misuse of the online platforms in our online class or provision of Service; potential or actual non-observance of any of the Terms (including these Terms and Conditions for Online Service), ARCH reserves the rights to discontinue your enrollment or engagement, to suspend your attendance from the Programme/Service and the online platform, and to make any arrangement in class as deemed appropriate or necessary. If we believe you have infringed our intellectual property and other rights, we reserve all our rights and may aggressively enforce our intellectual property and other rights to the fullest extent of the law, including the seeking of criminal prosecution.

Third Party Websites

The Online Materials, our online platform or our Programme or Service available on or through other online platform may contain to links to third party websites. You acknowledge and agree that we have no responsibility for the content, products, services, advertising or other materials which may be provided by or through the third party websites, even if they are owned or run by our affiliates. The links to the third party websites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such website or such online platform. Any reliance on the contents of a third party website is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.

Privacy

You will need to register on our online platform, pay any applicable fees, and create an account, username and password for our Programme or Service. By registering on our online platform, you consent to the use by us of your personal information in accordance with our Privacy Policy which is available at our website at www.arch- education.com.
If we believe that any information provided by you for enrollment of our Programme or engagement of our Service is inaccurate, we reserve the right to suspend or terminate your account registered on our online platform and refuse any and all use of our Programmes or Services.
You are responsible for maintaining the confidentiality of your account information and for all activities and liabilities associated with or occurring under your account. You must notify us immediately of any unauthorized use of your account or username.
You may not transfer your account (including your username or password) to another person and you may not use anyone else's account at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the products and services; and (iii) the consequences of any misuse. In the event that you permit a minor to use your account, we reserve the right to provide access to your account and all information contained therein to such minor's parents, guardians or other authorized adults, including, but not limited to, authorized school representatives.

Disclaimer and Limitation of Liabilities

Our online platform, online materials, programme or service available on or through other online platform is provided "as is" and "as available", without warranty of any kind, either express or implied, including but not limited to any warranty regarding uptime or uninterrupted access, availability, accuracy, completeness, usefulness, or compatibility with your network, software or hardware, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We hereby disclaim any and all such warranties, express and implied to the maximum extent permissible at law. We also assume no responsibility, and will not be liable for, any damages to, or viruses that may infect, your computer equipment, mobile device, or other property on account of your access to or use of our online platform, Online Materials, Programme or Service available on or through other online platform or your downloading of any our Online Materials, Programme or Service available on or through other online platform. If you are dissatisfied with our online platform, Online Materials, Programme or Service available on or through other online platform, your sole remedy is to discontinue using it.
We are not responsible to you for any data that you lose either as a result of (i) accessing any online platform as a result or in connection with our Online Materials, Programme or Service; or (ii) submitting information or materials to any online platform. It is your responsibility to ensure that you regularly save and back up (i) all data which you hold on the device from which you are accessing any online platform; and (ii) all data that you are inputting when submitting information or materials to any online platform. To the maximum extent permitted by law, we or any of our directors, officers, employees, agents or content or service providers (including instructors and tutors) (collectively, the "Protected Entities") shall not be liable for any indirect, special, incidental, consequential, or loss or corruption of data, exemplary or punitive damages arising from, or directly or indirectly related to, the use of, or the inability to use, our online platform, Online Materials, Programme or Service available on or through other online platform, your provision of information via any online platform , lost business or lost sales, even if such Protected Entity has been advised of the possibility of such damages.
In no event will the Protected Entities be liable for or in connection with any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through any online platform. In no event will the total aggregate liability of the protected entities to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from these terms and conditions or your use of our online platform, Online Materials, Programme or Service available on or through other online platform, exceed, in the aggregate, the amount equal to the aggregate amount of fees we received from you in respect of that Programme or Service.