EduNext Terms of Use

Legal Information & Notices

Effective January 1, 2021

Please note that your use of and access to our services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.

Welcome to Edunext.vn. Please read on to learn the rules and restrictions that govern your use of our website, products, and services (the “Services”). The Services are owned and operated by FPT Software Co.LTD. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at ed[email protected], or FPT Cau Giay Building, Duy Tan Street, Cau Giay District, Hanoi, Vietnam.

When we refer to “you” or “your”, we’re talking about you (including, if you are entering into these terms on behalf of third party, such third party). When we refer to “us”, “we”, “our”, or “FPT Software”, we’re talking about the Services and our company (including its officers, directors, investors, agents, representatives, and employees). These Terms of Use (the “Terms”) are a binding contract between you and FPT Software. You must agree to and accept all of the applicable Terms, or you don’t have the right to use the Services. These terms also include the provisions of the Privacy Policy and Copyright Dispute Policy.

AGAIN, PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

Account Information Access

The errors or omissions associated with Your Content. You represent and agree to all of the following and acknowledge We are explicitly relying on such representations and agreement with regard to Your Content and use of Content made available on Edunext:

Third Party Websites and Services

Edunext may include links to third party web sites or services (“Linked Sites”) solely as a convenience. We do not endorse any such Linked Sites or the information, material, products, or services contained on other Linked Sites or accessible through other Linked Sites. Furthermore, We make no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of Linked Sites, including the information, material, products, and services on Linked Sites or available through Linked Sites, is solely at Your own risk.

Indemnification

You agree to indemnify and hold FPT Software Co.LTD, its affiliated companies, suppliers, partners, officers, contractors and employees harmless from any claim or demand made by any third party due to or arising out of Your actions in using Edunext, a claim that You, or any third party using Your Credentials, infringed any intellectual property or other right of any person or organization using Edunext or the violation of these Terms by You or any third party using Your Credentials. FPT Software reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate with Our defense of these claims. This indemnity shall not apply if a third party uses Your Credentials due to an act or omission of FPT Software.

Miscellaneous

  • These Terms will remain in full force and effect while You use Edunext. Those terms that can continue to operate after You stop using Edunext (including without limitation Your Content license to Us and the general terms in this Section), will survive after You stop using Edunext.
  • You agree that regardless of any statute of law to the contrary or any claim or cause of action arising out of or related to use of Edunext or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
  • You agree that We may provide You with notices, including those regarding changes to these Terms, via notification through Edunext's notification functionality.
  • Edunext is available to person who has capacity for civil acts of individuals. By using Edunext, you present and warrant that You are of legal age to form a binding contract in Your place of residence, and are not a person barred from receiving services under the laws of the Vietnam or other applicable jurisdiction. We reserve the right to refuse registration of, or cancel, any Edunext Account or access to Edunext by anyone in Our reasonable discretion, at any time. Edunext Accounts will be accessed through a username and password that You will create (Your “Credentials”). Your Credentials are solely for Your use and must not be shared. Each Edunext online community (each “Edunexter”), needs to have his or her own Edunext Account and Credentials. You agree that Your Credentials and information You provide upon registration of Your Edunext Account and at all other times will be true, accurate, current, and complete. You are responsible for maintaining the confidentiality of Credential, and for all activities that occur under Your Edunext Account. You agree to immediately notify Us of any unauthorized use of Your Edunext Account, Credentials, or any other breach of security. You agree that We will not be liable for any loss or damage arising from Your failure to provide Us with accurate information or to keep Your Credentials secure.

Content

  • Edunext provides certain features which enable Edunexters to submit, post, and share data, text, software, graphics, messages or other material (“Content”). Content that Edunexters submit, post or share is subject to Terms. Content that You own and post on or through Edunext belongs to You and You may use it in any way, except as prohibited by applicable law or regulations. By using Edunext, You are granting Us permission to use the Content as described in these Terms.
  • By using Edunext You are granting Us a non¬exclusive, worldwide, royalty¬free, fully paid¬up, sublicenseable, irrevocable and transferable right and license to use, host, store, reproduce, create derivative works of, distribute, modify, display, and communicate Your Content. If You post Content on or through Edunext, You represent and warrant that You have the right to post the Content and to grant the above rights to Us. This license continues even if You terminate Your Edunext Account and/or stop using Edunext.
  • You understand that by posting Your Content that You are responsible for Your Content and any Content that You create, transmit or display while using Edunext, and for any consequences thereof. You further agree that under no circumstances will We be liable for
  • You understand that by posting Your Content that You are responsible for Your Content and any Content that You create, transmit or display while using Edunext, and for any consequences thereof. You further agree that under no circumstances will We be liable for:

    You own, or have the necessary licenses, rights, consents, and permissions to use and authorize Us to use all patent, trademark, copyright, or other proprietary rights in and to Your Content to enable inclusion and use of Your Content in the manner contemplated by these Terms, and to grant the rights and license set forth above.

    Your Content, Our use of Your Content pursuant to these Terms, and exercise of the license rights set forth above, do not and will not:

    • Infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, Privacy Right, right of publicity, or any other intellectual property or proprietary right
    • Slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person
    • Violate any applicable law or regulation.

  • If You provide Us with any comments, bug reports, feedback, or modifications proposed or suggested by You (“Feedback”), We shall have the right to use such Feedback at Our discretion, including, but not limited to the incorporation of such suggested changes into Edunext and/or our other products and services. You hereby grant to Us a perpetual, irrevocable, non¬exclusive license under all rights necessary to incorporate and use Your Feedback for any purpose.

Code of Conduct

We have the right, but not the obligation, to remove or block Content from Edunext that We determine in Our reasonable discretion to be in violation of these Terms, to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party's intellectual property or that is detrimental to the quality or intended spirit of Edunext. We also have the right, but not the obligation, to limit or revoke the use privileges of the Edunext Account of any Edunexter who posts such Content or engages in such behavior.

Sharing Edunext Accounts or Credentials with any third party or encouraging any other Hacker to do so.

Termination

  • We, in Our reasonable discretion may terminate Your Edunext Account and/or Credentials and remove and discard any Content within Edunext if We believe that You have violated or acted inconsistently with the letter and spirit of these Terms
  • You may terminate Your Edunext Account and Your right to use Edunext at any time and for any reason or no reason, by contacting Us user support at [email protected] However, if You have a separate agreement with Us which has conflicting terms regarding termination, those terms shall take precedence.
  • After cancellation or termination of Your Edunext Account for any reason, You will no longer have access to Your Edunext Account and all information and Content in Your Edunext Account or that You have stored on Edunext may be, but is not required to be deleted by Us. We will have no liability for information or Content that is deleted due to the cancellation or termination of Your Edunext Account for any reason.

Ownership Proprietary Rights

Edunext is owned and operated by FPT Software Co.LTD. The visual interfaces, graphics, design, compilation, information, computer code, products, software (including any downloadable software), services, and all other elements of Edunext provided by FPT Software (“Materials”) are protected by Vietnam copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any third party content or Content uploaded by You, all Materials are the copyrighted property of FPT Software or its subsidiaries or affiliated companies and/or third party licensors. All trademarks, service marks, and trade names are proprietary to FPT Software or its affiliates and/or third party licensors. Except as expressly authorized by FPT Software, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.

  • Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms shall remain in full force and effect.
  • You may not assign Your Edunext Account or any rights and licenses granted hereunder and such any assignment by You will be null and void.
  • All sections of these Terms that by their respective nature should survive the cancellation or termination of these Terms shall survive the termination or cancellation of these Terms. You agree that breach of these provisions will cause irreparable harm and that accordingly We may seek injunctive relief in addition to any other legal remedies under these Terms at law or equity.
  • You agree that except as otherwise expressly provided for in these Terms, there shall be no third party beneficiaries to the Terms.