Terms & Conditions of Use
Revised as of April 1, 2019.
Accessing or using any of our Services shall constitute your acceptance of these Terms and your acceptance means you are entering into a binding contract with MOTIF Learning Ltd. (which owns and operates MOTIF), as well as its affiliated companies, and all of its directors, officers, employees, and contractors (collectively, “Motif”; “we”; “us”; “our”).
For the purposes of these Terms, “you”; “your”; “User”; “Student” or “Team Member” means the User who accesses or engages in the Services. You may use our Services only if you can form a binding contract with MOTIF. Any use or access by anyone under the age of 13 is prohibited.
If you help or assist a User to access or engage in our Services, including setting up a Team of users, and paying any fees on their behalf, you are an “Administrative User” and your use is limited to those administrative functions. As an Administrative User you agree not to use or engage in the Services on your own behalf, nevertheless you agree to be bound to these Terms where applicable. In particular, you agree to act on behalf of the User you are assisting in cases of claims, damages, disclaimers or indemnifications that we might properly assert against a User.
We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms at any time. The date of the most recent update is indicated at the top of this document. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of changes constitute your acceptance to the Terms as changed or modified.
I. Your Account and User Credentials
Use of our Services may require that you create and maintain a username and password (“User Credentials”). You will be asked to create unique User Credentials by providing us with accurate and complete personally identifiable information. You acknowledge that your User Credentials may only be used by you and agree not to share your password with unauthorized users (except for any Administrative User and with “Team” access as per these Terms) and to notify us promptly if your password is lost or compromised.
Some of our Services may have additional requirements regarding information you may need to provide.
III. User Content
Your engagement in our Services may enable or require you to submit content you create, such as your responses to assignments, examinations, and projects; participation in discussions and forums; course evaluations, suggestions, feedback, and other input (“User Content”). For all User Content you submit through our Services, including all intellectual property rights embodied therein, you grant to MOTIF an unrestricted, worldwide, perpetual license, to transmit, publish, distribute, transfer or sublicense, make reproductions, adapt or create derivative works, perform or display publicly, or otherwise use, at no cost whatsoever to MOTIF.
We reserve the right to remove or modify User Content for any reason without notice.
IV. Third-Party Content
V. Intellectual Property
The original content, features, and functionality of all Services are owned by MOTIF and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws with all rights reserved.
Any other Intellectual Property associated with our Services from third-parties, which may include you or other users, is used with permission; through a license; used under the doctrine of Fair Use; or used according to these Terms. Nothing in these Terms grants you a right or license to use any intellectual property owned by Motif or any other third-party except as expressly provided in these Terms.
You agree and acknowledge that you will be solely responsible for any violations of any relevant laws and for any infringement of third party rights caused by any content you provide or transmit, or that is provided or transmitted using your profile.
If you believe in good faith that any content appearing on our site infringes your copyright, the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners and requires that you send us a notice notifying us of the specific content in question and requesting that the material be removed or access to it blocked. We will investigate the matter and follow up with you. DMCA notices should be directed to us at [email protected]
VI. Academic Policies
Once enrolled in an online course through the MOTIF platform you are also subject to the terms and conditions of our Academic Policies. Your enrollment signifies your agreement to these Terms and you acknowledge that any violation of our Academic Policies shall be subject to cancellation of your account and, in some cases, revoking your previously earned Certificates of Completion.
A) Enrollment. Student enrollment is personal to the enrolled student. Your account access may not be shared (except with an Administrative User), used as a group, or transferred unless approved by MOTIF.
B) Course Schedule and Content. MOTIF reserves the right to modify any or all course content and make courses available or unavailable at its sole discretion.
C) Course Requirements. You agree to follow all course requirements such as required level of participation, due dates on assignments, grading policies, and other instructions which may vary specifically with each course.
D) Academic Integrity. You agree to maintain academic integrity in your participation with any of our courses. Specifically, you agree to only submit your own work, not to engage in plagiarism, or engage in any other activities that will dishonestly improve your results or dishonestly improve or hurt the results of others.
E) Academic Recognition. Upon satisfactory completion of a course, you may be provided with a statement acknowledging your satisfactory completion of the course, such as a “Certificate of Completion,” provided you are not in violation of the Terms. You acknowledge and agree that any statement acknowledging your satisfactory completion of a course, if provided to you, unless specifically provided in an official written communication from MOTIF, does not convey academic credit with any educational institution or organization that may be affiliated with Motif.
VII. Transactions for Services
All Services, taxes and fees are quoted and are payable in U.S. Dollars unless otherwise specified. Fees for Services may vary based on availability, your location, and other factors. We reserve the right to change any fees at any time at our sole discretion. Any changes, updates, or modifications will be effective immediately upon posting through the relevant Services.
All sales are final once completed. Payments are nonrefundable and there are no credits for partially unused Services or for Subscriptions that are purchased but not used, except for cancellations made by MOTIF, for which you may receive a pro-rated credit.
VIII. Specific Prohibitions
The following activities or uses of our Services are specifically prohibited. Any User engaged in these activities or uses shall be subject to immediate termination of our Services.
a) Use of our Services for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions;
b) Using any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services.
IX. Termination of Account or Services
If you no longer wish to have a registered account, you may terminate your account by sending an email to: [email protected] If you would like to cancel services, please refer to our policies under Transactions.
If you no longer accept these Terms you must cease using our Services immediately. Continued use of the Services indicates your continued acceptance of these Terms.
We may terminate your account and access to Services without cause or notice, which, in some cases, may result in the forfeiture and destruction of all information associated with your User Credentials. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, intellectual property provisions, licenses, warranty disclaimers, indemnity, and limitations of liability.
A) No Warranty. To the fullest extent permitted under law, our Services are provided “as is” and without warranties of any kind. To the fullest extent permitted under law, MOTIF DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. MOTIF does not represent or warrant that the Services will be uninterrupted or error-free, that any defects will be corrected, or that this site or the server that makes the site available or any email sent to you are free of viruses or anything else harmful. You expressly agree that your use of our Services is at your sole risk. MOTIF does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, reliability or otherwise. MOTIF reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have engaged in any Services).
B) Limitation of Liability. In no event shall MOTIF be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages that result from (a) the use of, or inability to use, our Services; (b) the performance of the Services; or (c) the conduct of other users, even if MOTIF has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against MOTIF for dissatisfaction with the Services is to stop using the Services.
To the fullest extent permitted by applicable law, you agree to indemnify and hold MOTIF harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of these Terms; (2) any User Content; (3) any activity in which you engage on or through the Services; and (4) your violation of any law or the rights of a third party.
XII. Governing Law and Jurisdiction
MOTIF is owned and operated by MOTIF Learning Ltd. with its principal address located at 29-37 Kwai Wing Road, 10F Sing Mei Industrial Building, Kwai Chung, Hong Kong.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People’s Republic of China.
Any dispute, controversy, difference or claim arising out of or relating to these terms and conditions, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The law of this arbitration clause shall be Hong Kong law. The seat of arbitration shall be Hong Kong. The number of arbitrators shall be one. The arbitration proceedings shall be conducted in the English language.
Any attempt by you to assign or delegate these Terms shall be null and void. MOTIF may assign these Terms at its sole discretion.
No failure of either party to exercise or enforce any of its rights under these Terms and will act as a waiver of such rights.
If any part of these Terms is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.
XVI. Contact Us
If you have any questions regarding these Terms, please contact us at [email protected]