Terms and Conditions of Service

The EnglishQuest website (“the Website” or “websites”) and mobile applications (the “App”) and its related service agreements (the “Service”) are operated by HitGran Inc. (“HitGrab”, “us”, or “we”.) Access and use of the Service is subject to the below Terms and Conditions of Service (the “Terms and Conditions”.) By accessing or using any part of EnglishQuest websites, apps, or related services, you affirm that you have read and understood the Terms and Conditions below and agree to be bound by them, including any future modifications. At any time, HitGrab Inc. may amend, update, or change these Terms and Conditions. Changes in Terms and Conditions apply to future and ongoing agreements with our partners and clients, and do not apply retroactively. Any changes to the Terms and Conditions of Service will be reflected on this web page. 

 

Description of Service

The Service allows users to access a variety of lessons, games and services around learning and practicing the English language. HitGrab Inc. may, in its sole discretion and at any time, change, modify, update, suspend, or discontinue any aspect of the Service, temporarily or permanently. 

 

Description of Website

The Website allows visitors to learn more about EnglishQuest, our curriculum, games and other products as well as allow for easy correspondence with users and partners. 

 

Registration

 

a. Registration

In connection with registering for and using the Service, you agree to (i)  provide accurate, current and complete information about you and/or your organization as requested by HitGrab; (ii)  maintain the confidentiality of your password and other information related to the security of your account; (iii)  maintain and promptly update any registration information you provide to HitGrab, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account.

 

b. General Consent

As a condition of submitting any ratings, reviews, information, data, text, photographs, audio clips, audiovisual works, translations, flashcards or other materials on the Services (“Content”), you hereby grant to HitGrab a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Services. You represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, HitGrab, and others as described and otherwise contemplated in these Terms and Conditions. You understand that other users will have access to the Content and that neither they or HitGrab have any obligation to you or anyone else to maintain the confidentiality of the Content.

 

Your Representations and Warranties

You represent and affirm to HitGrab that your access and use of the Service will be in accordance with these Terms and Conditions and with all applicable laws, rules and regulations of Canada and any other relevant jurisdiction, including those regarding appropriate content or online conduct, and those regarding the transmission of data or information exported from Canada and/or the jurisdiction in which you reside. You further represent and warrant that you have created or own any material you submit via the Service and that you have the right, as applicable, to grant us a license to use that  material as set forth above or the right to assign that material to us as set forth below.

 

Indemnification of HitGrab

You agree to indemnity and holy harmless HitGrab, it’s directors, officers, employees, contractors, agents supplies, licensors, successors and assignees from and against any and all loses claims, causes of action, obligations, liabilities and damages whatsoever arising out of or relating to your access and use of the Service, or any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of the listed Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way.

 

License to the App

Subject to the terms of these Terms and Conditions, HitGrab grants you a non-transferable, non-exclusive license to download, install, and use one copy of this App in object code form only on an interactive wireless device that you own or control. You may not derive or attempt to derive the source code of all or any portion of any App, permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate this App or any part thereof. HitGrab and its licensors own and shall retain all intellectual property rights and other rights in and to the Apps, and any changes, modifications, or corrections thereto. 

 

The following terms and conditions apply to you only if you are using the Apps from the Apple App Store. To the extent the other terms and conditions of these Terms and Conditions are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to Apps from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and HitGrab, not Apple, and that Apple has no responsibility for the Apps or content thereof. Your use of any App must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apps. In the event of any failure of any App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions. You and HitGrab acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apps or your possession and/or use of any App, including, but not limited to: (i) product liability claims; (ii) any claim that an App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and HitGrab acknowledge that, in the event of any third-party claim that any App or your possession and use of that App infringes that third party’s intellectual property rights, HitGrab, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions. You must comply with applicable third party terms of agreement when using any App. You and HitGrab acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms and Conditions as they relate to your license of the Apps, and that, upon your acceptance of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

 

In-App Purchases

If you purchase a subscription through the Service, your HitGrab account will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your HitGrab account and follow instructions to terminate or change your subscription, even if you have deleted your account.

 

HitGrab may manage, regulate, control, modify, or eliminate Virtual Items at any time, with or without notice. HitGrab may update the pricing of Virtual Items at any time in its sole discretion, and may add new Virtual Items for additional fees. HitGrab shall have no liability to you or any third party in the event that HitGrab exercises any such rights.

 

The transfer of Virtual Items is prohibited except where expressly authorized in the Service. Other than as expressly authorized in the Service, you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity, including but not limited to Company, another user, or any third party, within or without the App interface.

 

You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. HitGrab may revise the pricing for the goods and services offered through the Service at any time. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.

 

Payment Processing

All financial transactions made in connection with the Service will be processed by a third party in accordance with their respective terms of use, privacy policy, and/or any applicable payment terms and conditions. We encourage you to learn about the practices of such third party. In no event will HitGrab be responsible for the actions or inactions of any third party payment processor, including, but not limited to, system downtime or payment service outages.

 

Refund Policy

In the event that HitGrab suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for any unredeemed Service, Item, or Promotion.

 

Third-Party Links, Sites, and Services

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by HitGrab. We do not endorse or assume any responsibility for the content displayed in any such third-party sites, information, materials, products, or services. If you access any third party website, service, or content from HitGrab, you understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. Please access third party websites at your own risk. You acknowledge and agree that HitGrab shall not be responsible or liable, directly or indirectly, for any damage or loss arising from your use of any third-party website, service, or content. 

 

The Service may include advertisements, which may be targeted to the Content or information on the Service, or other information. The types and extent of advertising by HitGrab on the Service are subject to change. In consideration for HitGrab granting you access to and use of the Service, you agree that HitGrab and its third party providers and partners may place such advertising in connection with the display of content or information submitted by you or others.

 

Termination

HitGrab may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of HitGrab’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.

 

Proprietary Rights in Service Content and Activity Materials

All Content that is available through the Service, including graphics, text, educational materials, images, audio, video, intellectual property and other files and their arrangement (the “Service Content”) are the proprietary property of HitGrab Inc. or its licensors. No Service Content may be modified, copied, distributed, framed, reproduced, redistributed, downloaded, scraped, or sold in any form by any means, in whole or part, other than as expressly permitted by these Terms and Conditions. You may not use data mining or other similar data gathering and/or extraction methods to obtain Service Content. As part of your agreement to HitGrab Inc, all data, information and materials accessible and usable by you for educational or recreational purposes  shall be exclusively owned by HitGrab Inc. You will not have any right to use such Service Content except as expressly authorized by these Terms and Conditions.  All rights of HitGrab or its licensors that are not expressly granted in these Terms and Conditions are reserved to HitGrab and its licensors.

 

Trademarks

“EnglishQuest” “HitGrab” and all other trademarks, graphics, branding, and logos used in connection with the Service are trademarks of HitGrab Inc. or of their respective owners. Access and use of the Service does not constitute a right or license to replicate or otherwise use “EnglishQuest”, “HitGrab” or any third-party trademarks, graphics, or logos in your own material or work.

 

Trademarks in other languages:

 

“EnglishQuest”

Japanese: イングリッシュ クエスト

Korean: 잉글리쉬 퀘스트

Traditional Chinese: 英語快思特

 

“HitGrab Inc.”

Japanese: ヒットグラブ 株式会社

Korean: 힛그랩 주식회사

Traditional Chinese: 奇跃公司

 

Language

This agreement was originally written in English. This text is not to be translated into other languages. In the event this document appears in other languages, its English transcription will be considered the ruling one.

 

Miscellaneous

These Terms and Conditions constitute the entire agreement between HitGrab and you concerning the subject matter hereof. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. A waiver by HitGrab or you of any provision of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.