Terms Of Service

Scope

1. This customer agreement (Agreement) sets out the terms and conditions on which Online Education Limited trading as Code Avengers (Code Avengers) licenses you (you or your) to access, view and/or otherwise use (Access) the coding courses (Courses) for which you register on Code Avengers' website at www.codeavengers.com (Website) and any documentation and materials provided by Code Avengers to you in relation to the Courses (Materials). The Courses are provided by Code Avengers on its Website and at its coding camps (Code Camps).
2. By registering for a Course on the Website, you accept the terms and conditions of this Agreement without limitation or qualification. This Agreement supplements the Website terms of use [insert link] and together these documents govern your Access to the Courses, and all updates and upgrades that replace, modify, enhance or supplement the Courses.
3. By clicking the 'accept' button, or by Accessing, downloading, installing or otherwise using the Courses, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not Access the Courses. Code Avengers may change the terms of this Agreement from time to time by uploading new terms and conditions on the Website. By continuing to Access the Courses, you will be deemed to have accepted the amended terms. If you do not agree to the changes, you should notify us at www.codeavengers.com or cease to Access or otherwise use the Courses.

Registration

1. You acknowledge that where you register for a Course on the Website and we establish an account for you, you are responsible for the account and all activities that occur under or in connection with the account.

Licence

1. In consideration of the payment by you of the relevant Course fees, Code Avengers grants you a non-exclusive and non-transferable licence to Access the Courses and Materials during the term (as described in clause 13) of this Agreement.

Fees and Payment

1. The fees (recurring payments) for each subscription per user will be as notified on the Website.
2. Unless otherwise agreed in writing, you must pay all Fees in advance in accordance with the instructions set out on the Website.
3. Code Avengers may adjust the Fees at any time by posting the adjusted Fees on the Website.
4. Unless otherwise notified to you on the Website, teachers are not required to pay for their individual Access to any Course or the teaching tool-kit.

Cancellation and Deactivation of Subscription

1. You are responsible for properly canceling or pausing your subscription. You can do so at any time by clicking on account settings from the top left drop down menu on the screen or by visiting https://www.codeavengers.com/settings#settings-subcription. The subscription section allows you to stop recurring payments indeterminately.
2. If you deactivate your subscription before the end of your current billing cycle, your cancellation will be effective on the day the next cycle is set to start. In the meantime, you will retain access to our Service.
3. Code Avengers, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Code Avengers service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account. Code Avengers reserves the right to refuse service to anyone for any reason at any time.

Refunds

• Individual subscribers
1. You may cancel your membership at any time at https://www.codeavengers.com/settings#settings-subcription, but your cancellation will not take effect until the end of your current commitment period (which may be either a 6 monthly or a monthly period). You will not be entitled to a refund for any membership fee already paid.
• Schools, Institutions and Businesses
1. Refunds for purchases made through official re-sellers are made at the re-seller's discretion.
2. Code Avengers is not obligated to refund any school or institution if the service has been used or if payment occurred more than 30 days before the request of the refund.

Access

1. Where you are registered as a teacher or as a parent of a student you:
1. may allow only the number of users for which you have paid the Fees to Access the applicable Courses;
2. must ensure that any usernames and passwords provided by us are kept strictly confidential; and
3. must supervise and monitor Access to ensure that all users registered under your account comply with this Agreement and the Website terms of use.

Code Camps

1. Where you register a student for a Code Camp you agree on behalf of that student, and will use best endeavours to ensure, that the student:
1. complies with any codes of conduct in respect of the Code Camp as advised by Code Avengers from time to time;
2. does not abuse the use of the network where the Code Camp is being held (Venue);
• does not use the Venue's network:
• for illegal or immoral purposes of any kind;
• to transmit threatening, obscene or harrassing content or materials;
• to interfere with or disrupt network users, services or equipment. Disruptions include (but are not limited to) the distribution of unsolicited advertising, transmitting computer worms, viruses and other harmful code; or
• to make unauthorised entry to any other machines which are accessible via the network;
3. does not engage in violent or abusive behaviour, including sexual abuse or harassment and bullying (whether verbal, physical, and whether conducted online or otherwise);
4. complies with any health and safety guidelines in respect of the Venue; and
5. does not bring the reputation or goodwill of Code Avengers, the Venue or the Course into disrepute.
2. You release, discharge and hold harmless Code Avengers, its officers, agents and employees, of and from all liabilities, damages, claims or losses on account of any injury or accident arising out of the student's attendance at the Code Camp or in the course of activities connected with the Code Camp.

Confidentiality

1. In this Agreement, Confidential Information means the Courses and any Materials, where such information is identified as confidential by Code Avengers.
2. You will keep confidential, and will not disclose to any other person, any Confidential Information unless:
1. the disclosure is authorised in writing by Code Avengers;
2. the disclosure is required by law; or
3. the Confidential Information already is, or becomes, public knowledge, other than as a result of a breach by you of this Agreement.

Intellectual Property

1. User-Generated Content: Users retain complete ownership of any content they create and share on Code Avengers, including but not limited to code, text, media, and other materials ("User-Generated Content"). Code Avengers does not claim any rights to use, modify, distribute, or display this content outside the platform's intended functionality. User-Generated Content will not be shared with other users, third parties, or affiliated organizations without the user’s explicit consent or unless required by law. Users are fully responsible for their own content, and Code Avengers commits to maintaining these protections around User-Generated Content as part of the platform's terms.
2. In this Agreement, Intellectual Property means all patents, trade marks, trade names, designs, registered designs, domain names, trade secrets, formulations, inventions, models, plans, licences, know-how, databases, technical information, discoveries, ideas, data, research, results, reports, drawings, techniques, source code, rights in computer software, specifications, standards, methods, manuals, get-up, copyright in works and all rights or forms of protection of a similar nature, whether or not registered and any application to register any of these rights (where applicable).
3. You acknowledge and agree that: Code Avengers owns all Intellectual Property in the Courses and Materials, including in any updates or upgrades to the Courses and Materials; and nothing in this Agreement or otherwise has the effect of transferring any Intellectual Property in the Courses and Materials to you, unless otherwise agreed in writing.
4. You will not challenge or contest Code Avengers' rights, or do anything that may adversely affect the validity or enforceability of Code Avengers' rights, under this clause 8.
5. Where we grant to you a creative commons licence in relation to any Courses or Materials, you must comply in all respects with the licence terms as notified to you from time to time.
6. You must not (and must not allow any other person to):
1. resell or redistribute the Courses or any Materials to any person other than as expressly authorised under this Agreement;
2. decompile, disassemble or reverse engineer the whole or any part of the Courses and Materials, to the maximum extent permitted by law; or
3. adapt or modify or create derivative works from the whole or any part of the Courses and Materials.

Updates

1. Code Avengers may provide updates or upgrades in respect of the Courses and Materials, at its sole discretion, from time to time.

Disclaimer of Warranties

1. The Courses are provided by Code Avengers on an 'as is' basis without warranty of any kind, whether express or implied, and by Accessing the Courses you agree that your use of the Courses is at your sole risk.
1. To the maximum extent permitted by law, Code Avengers expressly excludes all warranties, express or implied, including (but not limited to) implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
2. If the Consumer Guarantees Act 1993 (Act) would otherwise apply to your use of the Courses and you are using the Courses for business purposes, you acknowledge and agree that (to the extent permitted by the Act) the provisions of the Act will not apply.
3. Code Avengers does not warrant that the Courses will meet your requirements, or that the operation of the Courses will be uninterrupted or error-free, or that defects in the Courses will be corrected. Furthermore, Code Avengers does not make any warranties or representations regarding the use, or the results of the use, of the Courses and Materials in relation to their completeness, accuracy, reliability, or otherwise. No information or advice given by Code Avengers (or any agent of Code Avengers) creates a warranty or in any way increases the scope of this warranty. The entire risk arising out of the use or performance of the Courses remains with you.

Your Information

1. You acknowledge and agree that Code Avengers may collect and use information about you and any users registered under your account. Code Avengers will collect and use such information in accordance with its Privacy Policy.
2. If you are a teacher, you acknowledge and agree that you have obtained all parental consents required for the collection and use by us of your students' personal information.

Optional Accuracy of Registration Information

Acceptable Usage

1. Purpose
   
   Acceptable Usage outlines the standards of conduct for using Code Avengers’ platform, resources, and services to ensure a safe, secure, and productive environment for all users.
2. Scope
   
   This policy applies to all users of Code Avengers, including students, educators, employees, and any external parties authorized to use the platform.
3. User Responsibilities
   
   All users must:
   
   
   1. Respect Platform Integrity: Use the platform and its resources only for their intended purposes in an ethical and lawful manner.
   2. Adhere to Licensing Agreements: Use the content and services provided by Code Avengers according to the licensing agreements and copyright laws.
   3. Maintain Account Security: Keep passwords confidential, use strong authentication methods, and promptly report any unauthorized access or suspicious activity.
   4. Respect Privacy and Data Protection: Protect personal data and comply with applicable data protection regulations. Do not share or misuse another person’s personal information.
4. Prohibited Actions
   
   Users must not:
   
   
   1. Engage in Unauthorized Activities: Access, modify, or interfere with other users' data or the system's integrity. This includes hacking, reverse engineering, or unauthorized testing of platform security.
   2. Spread Malicious Software: Upload or distribute viruses, malware, or any other content that could harm the platform or other users.
   3. Misuse Communication Tools: Use the communication features (such as messaging, forums, or comments) to harass, threaten, or abuse others, or to spread offensive or inappropriate content.
   4. Violate Intellectual Property Rights: Copy, distribute, or modify copyrighted materials without permission, including software, documents, and multimedia content from the platform.
   5. Conduct Illegal Activities: Use the platform for activities that are illegal or in violation of laws and regulations, such as fraud, impersonation, or the distribution of unlawful content.
   6. Misrepresent Affiliation: Falsely represent oneself or claim affiliation with Code Avengers without authorization.
5. Resource Usage Guidelines
1. Resource Allocation: Use resources such as storage, bandwidth, and computing power efficiently and reasonably.
2. Fair Use: Excessive use of resources that may degrade service performance for other users is prohibited.
6. Monitoring and Enforcement
   
   Code Avengers reserves the right to monitor platform usage to ensure compliance with this policy. Violations may result in:
   
   
   1. Warnings
   2. Temporary or permanent account suspension
   3. Reporting to appropriate authorities if illegal activities are detected
7. Reporting Violations
   
   Users are encouraged to report any violations of this policy to Code Avengers’ support team. All reports will be treated confidentially. By using Code Avengers, you agree to comply with this Acceptable Usage Policy.

Limitation of Liability and Indemnity

1. Code Avengers' liability under, or in connection with, this Agreement (whether in contract, tort or otherwise) is limited to the amount of the Fees paid by you at the time of the relevant event or breach.
2. Code Avengers is not liable for any special, indirect or consequential or similar damages arising out of or in connection with:
1. any breach by Code Avengers of this Agreement; or
2. any defects and/or errors in the Courses.
3. You indemnify Code Avengers against all costs, legal costs (including solicitor and client costs), expenses and claims directly or indirectly incurred or suffered by Code Avengers as a result of any breach by you of this Agreement and the website terms of use.

Term and Termination

1. This Agreement commences on the date you register on the Website and will continue in effect until:
1. it is terminated under this clause 13; or
2. you cease to be a customer of Code Avengers, whichever is the earlier.
2. Code Avengers may immediately terminate this Agreement upon written notice to you if:
1. you commit a material breach of this Agreement that is reasonably capable of being remedied, but has not been remedied within 20 working days after receiving a notice from Code Avengers requiring you to remedy the relevant breach; or you commit a material breach of this Agreement which is not capable of being remedied.
3. Following termination of this Agreement for any reason or its expiry you will:
1. cease all use of the Courses and Materials; and
2. immediately pay any outstanding Fees.
4. Following termination or expiry of this Agreement, the provisions of clauses 4, 6, 7, 8 and this clause 13.4, and any other provisions of this Agreement which are required to give effect to those clauses, will remain in full force and effect.

Miscellaneous

1. A party will not be liable for any failure or delay in complying with any obligation under this Agreement, if:
1. the failure or delay arises directly from a cause reasonably beyond that party's control;
2. that party gives written notice of the occurrence or event to the other party; and
3. that party uses all reasonable endeavours to overcome or mitigate the effects of the event.
2. The rights, powers and remedies in this Agreement are cumulative and are in addition to any rights, powers or remedies provided at law or in equity, unless specifically stated otherwise. Each party may pursue any remedy that it is entitled to pursue by law.
3. You may not assign or otherwise transfer any of your rights or obligations under this Agreement to any other person without Code Avengers' prior written consent.
4. This Agreement and the website terms of use record the entire agreement and understanding between the parties in relation to the subject matter of this Agreement, and supersedes and cancels all previous understandings or agreements (whether written, oral or both) between the parties' relating to that subject matter.
5. You will promptly sign all documents and perform any other acts that may be reasonably required to give effect to the provisions and intent of this Agreement.
6. This Agreement is governed by, and construed in accordance with, New Zealand law. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the New Zealand courts in connection with this Agreement.
7. Code Avengers will not be deemed to have waived any provision of this Agreement unless that waiver is in writing and signed by Code Avengers. Any such waiver will not be, or deemed to be, a waiver of any other right under this Agreement. Any failure or delay by Code Avengers to enforce any provision of this Agreement will not be considered to be a waiver of that provision.
8. If any provision of this Agreement is held to be illegal, invalid or unenforceable, then (to the maximum extent permitted by law) that provision will be severed from this Agreement, and this will not affect the validity or enforceability of the other provisions of this Agreement.