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Terms and Conditions

Terms of Service

Terms of Service Agreement

This Terms of Service Agreement (the “Agreement”) is entered into between Fuzzy EdTech Inc, a corporation registered in British Columbia, Canada, hereinafter referred to as the “Company,” and the user of the Company’s services, hereinafter referred to as the “User” or “You.” This Agreement governs the use of the Company’s Software as a Service (SaaS) platform, catering to elementary school teachers in the United Kingdom, Canada, New Zealand, and the United States.

Acceptance of Terms

By accessing or using the Company’s SaaS platform, You acknowledge that You have read, understood, and agree to be bound by the terms and conditions of this Agreement. If You do not agree to these terms, please refrain from using the Company’s services.

Description of Service

The Company provides a cloud-based SaaS platform designed to assist elementary school teachers in planning, managing, and enhancing their educational activities. The services include but are not limited to lesson planning tools, resource libraries, and collaboration features.

Eligibility

To access certain features of the Company’s platform, You may be required to register and create an account. You agree to provide accurate and complete information during the registration process and to update such information to keep it accurate and current. To be eligible to enter into this agreement (and use the website) you must be at least 18 years of age.

Registration to use the website is for a single user only. You must not share your username and password with any other person. In the event that you suspect your password has been shared, you must contact us immediately.

We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

Disclaimer

The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

Although we make reasonable efforts to update the information on our website, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up-to-date.

Access to our website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our website without notice. We will not be liable to you if for any reason our website is unavailable at any time or for any period. Please note that any of the content on our website may be out of date at any given time, and we are under no obligation to update it.

Warranties, undertakings and indemnity

You represent, warrant and undertake:

  • That all the information you provide to the Company is true and accurate to the best of your knowledge and belief;
  • To comply with all applicable laws and regulations;
  • Not to use the website in any unlawful manner or in a manner which promotes or encourages illegal activity;
  • Not to breach any law, statute, contract or regulation;
  • Not to act in a manner that is obscene, defamatory, libellous, unlawfully threatening or unlawfully harassing;
  • Not to provide false, inaccurate or misleading information;
  • Not to use an anonymising proxy; or
  • Not to attempt to gain unauthorised access to the website or any networks, servers or computer systems connected to the website.

Use of Services

You agree to use the Company’s services in compliance with applicable laws and regulations. You also agree not to engage in any activities that may interfere with the proper functioning of the platform or compromise its security.

Privacy Policy

Your use of the Company’s services is also governed by our Privacy Policy, which can be found at [Link to Privacy Policy]. By using the services, You consent to the collection, use, and sharing of your information as described in the Privacy Policy.

Intellectual Property

All content and materials available on the Company’s platform, including but not limited to text, graphics, logos, images, and software, are the property of the Company or its licensors and are protected by intellectual property laws. You agree not to reproduce, distribute, modify, or create derivative works from any content without the express written consent of the Company.

Limitation of Liability

The Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, arising from your use of the Company’s services.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Canadian law. To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our website; or
  • use of or reliance on any content displayed on our website.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our website or to your downloading of any content on it, or on any website linked to it. We assume no responsibility for the content of websites linked on our website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any service by us to you.

Uploading content to our website

Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty free, sub-licensable licence to use, store and copy that content and to distribute and make it available to third parties.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website. We have the right to remove any posting you make on our website. Any content you post or transmit to or from the website must not contain any material which is defamatory, obscene, offensive, hateful, sexually explicit, deceptive, threatening, abusive, or advocates, promotes or assists any unlawful act such as (by way of example only), violence, discrimination, abuse, breach of privacy or confidentiality, fraud, or infringement of any intellectual property right of any other person.

The views expressed by other users on our website do not represent our views or values.

Viruses

We do not guarantee that our website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our website. You should use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our website will cease immediately.

Linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our website in any website that is not owned by you. Our website must not be framed on any other site, nor may you create a link to any part of our website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our website other than that set out above, please contact: info@pomegranate.so.

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only.

We have no control over the contents of those sites or resources.

DISCLAIMER: Pomegranate is not endorsed by, affiliated with, or associated with any third-party vendor or external website that we link to, refer to, or mention in our newsletter, blog or on this site, nor is the third-party vendor or external website created or owned by us, or part of the Pomegranate website. These links are being provided as a convenience and for informational purposes only; they do not constitute an endorsement or an approval by us of any of the products, services, or opinions of the corporation, organisation, or individual. We bear no responsibility for the accuracy, legality, or content of the external site or for that of subsequent links. Please contact the external site for answers to questions regarding its content.

Governing Law

This Agreement shall be governed by and construed in accordance with the laws of British Columbia, Canada. Any disputes arising out of or in connection with this Agreement shall be resolved through arbitration in accordance with the rules of the Arbitrators Association of British Columbia, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Amendments to Terms

The Company reserves the right to update or modify this Agreement at any time without prior notice. Your continued use of the services after such changes constitutes your acceptance of the revised terms.

Contact Information

For any questions or concerns regarding this Agreement, please contact the Company at info@pomegranate.so

By accepting these terms, You acknowledge that You have read, understood, and agree to be bound by this Agreement.

Last Updated: February 29, 2024