THESE TERMS AND CONDITIONS OF USE is made between Enrichment Core Academy LLC (“eCore”) and you, as user of eCore’s Online Platform (as hereinafter defined).

INTRODUCTION

1. Enrichment Core Academy LLC (“eCore”) is an online learning platform designed by students where student tutors use the Online Platform to teach fellow students (Grades 9 – 12)through student developed tutorials (“Tutorial”)on STEM related subjects, SAT and ACT and/or other competitive test preparations now or in future (the “Services”).
2. By using our website and online learning platform, you wish to engage eCore to provide the Services on the terms and conditions set out in this agreement (the “Agreement”).
3. These terms and conditions (including the exhibits and schedules attached hereto) constitute an Agreement between you and eCore. We presume that as a condition to you entering into this Agreement, your parent or legal guardian has read, reviewed and accepted to these terms set out under this Agreement and do not contest to its validity, legality and enforceability in relation to your adherence to the terms hereof.

1. Access to eCore’s Services
As long as you are complying with this Agreement, you are permitted to use eCore’s services, that includes the study session tutorials posted online, any notes or materials posted on our website etc. Use of eCore’s Services are free at the moment, but may entail subscription fee at a future date, upon which the Services will be available only upon timely payment of the requisite fee.eCore reserves the right to change, suspend or discontinue all or any part of the Services and impose limits use of certain features and services without notice or liability.eCore’s Privacy Policy is incorporated herein by reference and is made a part of this Agreement. The Services may be modified by eCore at any time. Users are encouraged to read and review the Privacy Policy.

2. Users and Tutors
You must be at least 13 years old to use the Service. Children of all ages may use the Servicesif enabled by a parent or legal guardian.

1. Permission by Parent or Guardian. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service.
2. For tutors. If you are under 18, please fill out a Parental Consent form and provide a completed form the eCore.
3. If you are a parent or legal guardian of a user or tutor under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service, whether to use or upload content (for tutors).
4. If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

3. Changes to this Agreement
eCore reserves the right to modify the terms set forth hereunder at any time. If we make changes, we will post a notice on the website, or send you a notice via email.you are responsible for reviewing and ensuring that you are familiar with the Agreement and the modifications that we may make.

4. Content Use

1. You can start using the Services at any time.The content on the Service includes lectures, study videos, materials provided by tutorsinteractive features, software, metrics, and other materials whether provided by tutors, eCoreor a third-party (collectively, “Content”).Content is the responsibility of the tutor, person or entity that provides it to eCore. eCore is under no obligation or liability with respect to Content uploaded by tutors or third-parties.
2. eCore’s Services and its Tutorials are developed for users in Grades 9 – 12. However, if our Services expand, and any if a user is under 13, we will collect a parent’s phone number and/or email address in compliance with applicable law to get their consent for the user to use eCore’s Service.
3. You may access and use the Service as made available to you, as long as you comply with this Agreement and applicable law. You may view or listen to Content for your personal, non-commercial use.

5. Services

1. eCore provides student developed Tutorials and materials on its Online Platform for students to teach fellow students. eCore will provide the Services during the Term. All study materials, Tutorials, answers to questions are provided by student tutors only and not by a professional educational institution, school, teacher and the like.
2. eCore may adjust the appearance, available input fields, look and feel, user experience or any other element of the website and other online platforms during the Term for any reason including for the purpose of maintaining and improving the Services.
3. eCore will provide personal customer service support for all customer service questions or issues unless it notifies you otherwise. eCore will notify you of any additional fees that may apply to the provision of the customer service support.

6. Use of the Online Platform

1. eCore’s online platform includes its website (www.ecoreacademy.org) and social media channels, including but not limited to Facebook, YouTube, Instagram, Twitter etc. (“Online Platform”) on which users can access online tutorials and study session by its content creators. eCore grants you a worldwide, non-exclusive, non-transferable right to access and use, and to access and use, its online platform in accordance with this agreement during the Term.
2. Each user uses their own personal log-in details to access and use the Online Platform and does not use any log-in details belonging to any other user.
3. Users must not allow any person to use the Placement Software unless that person has been authorized to do so and needs to do so for class allocation purposes at your School(s).
4. eCore warrants and represents that your use of the Placement Software and Services in accordance with this Agreement will not infringe the Intellectual Property Rights of eCore or any of its software licensors.
5. eCore may require authorized users to create usernames, passwords or other identification or authentication information to that is required for use of the Services (“Access Identification”).
6. you must ensure that you keep all access identification safe and secure and protect it from unauthorized access, use or copying. you must notify eCore as soon as the safety or security of access information is compromised or breached.
7. eCore may suspend the Services if the safety or security of the access information is breached until the breach is rectified and any reasonably necessary back up, protection and/or security assurance testing is completed. Upon the determination of a breach of security resulting in an unauthorized release of user data in violation of applicable U.S. state or federal law, eCore will notify you promptly of the breach in the most expedient way possible and without unreasonable delay.
8. Services are available for a user’s personal use only and are not permitted to be marketed or promoted in any manner whatsoever by the user.

7. COPPA
The Children’s Online Privacy Protection Act (“COPPA”) prohibits online service providers from knowingly collecting personally identifiable information from children under the age of 13 years without first obtaining verifiable parental consent (“Parental Consent”). Users who are 13 years or younger cannot use our Services without providing proof of Parental Consent. When you register with eCore, you represent and warrant that you provided your correct birthdate when you signed up with eCore, and you are over the age of 13 years, or you attached the Parental Consent with your parent or legal guardian’s actual and current email address, and that any response sent to eCore in response comes from your parent or legal guardian. Please review the Privacy Policy in this regard as well.

8. Use by Third-Party(ies)
eCore does not disclose any personally identifiable information of any user to any party outside of eCore other than those third parties used by eCore to support all channels of its online platform and social media in providing its Services. The third parties with which eCore contracts are bound by the same data privacy and security requirements to which eCore adheres (and is described in more detail in the Privacy Policy), according to these customer terms under this Agreement.

9. Maintenance and Accessibility

1. you agree that eCore may conduct maintenance of the Software at any time. eCore will aim to do so at times that cause minimum impact to you.
2. eCore will enable relevant updates to its Online Platform to the Software from time to time to enhance or improve the quality, functionality or operation of the Placement Software from time to time (“Update”). eCore may or may not require you to accept the Update. you agree to accept the Update (if required) and provide eCore with any access or information required to implement an Update (if any) as and when it is required by eCore. you acknowledge that in the event that you fail to accept an Update, eCore’s ability to deliver the Services may be adversely impacted.
3. If you detect a fault or interruption in the Placement Software (a “Service Issue”), you must notify eCore of the Service Issue immediately and provide all information reasonably required by eCore to rectify or investigate the Service Issue, including the date, time and nature of the issue.
4. On receiving notification of a Service Issue under Section 4.3, eCore will investigate the Services Issue within a reasonable time and use best endeavors to devise and implement a solution.
5. you agree and acknowledge that:
   1. the Services may be suspended due to Force Majeure for the duration of the Force Majeure event. Force Majeure” shall mean any act or event caused by any factor that is not within eCore’s reasonable control, including without limitation, act of God; war; national emergency; cyber-attack; explosion; epidemics/pandemics, and the like.
   2. the Services are delivered in whole or in part on or via internet connection, networks, and other software and/or devices that are not provided by eCore under this Agreement and for which eCore is not responsible under this Agreement or otherwise;
   3. the performance of the Services may be affected by such external factors as speed of connection from your equipment to eCore’s server(s) utilized at any given time, which factors are beyond the control of eCore; and
   4. eCore will not be in breach of the obligation to provide the Services, and will not be liable to you for any Loss arising in connection with any lack of availability or failure, defect, interruption or limitation of the Services arising because of a factor mentioned in this Section 4.

10. Your Information

1. you own and will continue to own at all times all of your Information. In the course of using the Service, you and other users may provide or post certain content or information which may be used by eCore in connection with the Service and which may be shared to third party service providers that aid us in provision of the Services. Please visit our Privacy Policy for additional information which relates to the use of your personal information.
2. eCore does not sell or release the personally identifiable information of any user for any commercial or marketing purposes. eCore will only share and use your personally identifiable information in accordance with eCore’s current Privacy Policy.
3. eCore limits access to user data to those employees and third-party service providers including content creators, when necessary, providing services to educational agencies using the eCore platform.
4. eCore limits its use of user data to the provision of its services for the educational agencies with which it contracts, whether now or in future.
5. eCore limits access to users only when stored or transferred, and it adheres to industry best practices. Technical safeguards concerning user data include firewalls, strong password protection, and encryption are in place for protection of date. eCore encrypts user data both in transit and at rest in relation to the eCore platform.
6. Upon executing this agreement, you grant eCore a worldwide, non-exclusive, fully transferable, sub-licensable right to access and use your Information for the purpose of providing the Services during the Term. you continually warrant that you are the owner or licensee of all your Information; that you have all rights and consents required to provide your Information to eCore; and that eCore’s use of your Information in accordance with this agreement will not infringe the Intellectual Property Rights or any other rights of any third party or of any of your directors, officers, employees, contractors, agents.
7. Upon termination or expiry of this agreement, eCore will, subject to compliance with the eCore Privacy Policy and the law, return or (if directed by you) destroy your Information in accordance with your reasonable directions in the format requested by you (provided that conversion into that format is reasonably practical and does not require eCore to incur undue expense). If data is to be maintained by eCore for federal and/or state reporting, such data shall remain in encrypted format and stored in cloud services based in the United States of America.
8. you acknowledge and agree that your Information was created or collected by you or on your behalf and that the Services do not include verification of the legality, accuracy, currency or appropriateness of your Information.

11. Tutorials

1. eCore will provide a schedule for its Tutorials and such schedule will be uploaded on its website.
2. you acknowledge that Tutorials are generated using your Information, choices, course/class preferences and the information you provide us and that eCore relies on your Information (and the currency, accuracy and completeness of your Information). you also acknowledge that eCore will not solicit or rely on any information provided by any parent, child or other person who is not an authorized user.
3. you must assess the Tutorials class options in your individual context or choices. It is your preference whether to implement the Class Option in whole or in part.
4. you acknowledge and agree that you have access to knowledge, contact, communications and information that is additional to the information that is entered into the website. you also acknowledge and agree that you have access to independent consultants, resources and other professional advisers to assist with assessing or implementing any Class Option.
5. you agree that you are solely responsible for implementing or not implementing a Tutorial class, whether in part or in full, and that each decision and action you take is taken independently and having regard to the unique circumstances known to you. eCore will not be responsible for any damage or loss in relation thereto or for your reliance on the Tutorials or content provided by the tutors.

12. Fees
Any fees chargeable will be as per eCore policy, which is subject to change. Fee(s) levied (if any) by eCore shall be paid by you as the user as per the company’s pricing model in effect. Changes to this Agreement may be made on an ongoing basis.

13. Representations and Warranties

1. eCore continually warrants and represents to you that eCore will provide the Services exercising all due care and skill and will comply with all applicable laws in performing its obligations under this agreement.
2. The Placement Software is designed for users in Grades 9 – 12 and the content will be available through videos on the Online Platform and other format as determined.
3. you continually warrant and represent to eCore that:
   1. If you are below the age of 18, you represent and warrant to eCore that you have your parent's or legal guardian’s explicit permission to use the Services, and that your parent or legal guardian has read and agrees to this Agreement on your behalf.
   2. All information that you provide us is correct, accurate and true.
   3. will comply with all applicable laws in your use of the Services.
   4. your parent or legal guardian has read, understood and agree to the terms and conditions under this Agreement.
   5. you have the legal right to provide all of your information during the Term and are not breaching any legal obligation in providing your Information or any part of it;
   6. will not copy, transfer, transmit, or otherwise provide access to the materials without written permission from eCore Placement Software and will not seek to reverse-engineer or reproduce, market or promote any component of the Tutorials for your own benefit or for any other purpose; and
   7. will provide all information that is reasonably necessary to assist ECore to provide the Services.

14. Privacy

1. eCore will at all times comply with all applicable privacy laws in the federal and state law including the Family Educational Rights and Privacy Act of 1974, the Children's Online Privacy Protection Act of 1998. Please refer our Privacy Policy.
2. eCore will comply with its Privacy Policy in connection with performing the Services.
3. you must have all necessary consents to disclose and/or provide any personal information contained in your Information, and you warrant that you have procured those consents.

15. Confidentiality

1. “Confidential Information” as used herein means all data, records, information (including without limitation your Information), copyright, registered and unregistered trademarks, logos, registered and unregistered designs, patents, trade secrets, ideas, concepts, know how, knowledge and any other information, whether in writing or otherwise of or concerning a party or its employees, agents, or contractors under, in contemplation of or in connection with the Services, and “Confidential Information” includes the terms of this agreement.
2. eCore maintains the confidentiality of your records and information provide containing the personally identifiable data of any user in accordance with federal and state law and with any applicable policies on data security and privacy maintained by third party services provides with which eCore contracts. The content of the training program covers applicable U.S. state and federal law governing confidentiality of data.
3. Each party acknowledges that it may receive Confidential Information of the other party and agrees to keep that Confidential Information secret, protect and preserve its confidential nature, and not use it or disclose it to any person (or allow or assist or make it possible for any person to observe or have access to it), except to the extent necessary to provide or use the Services (as appropriate) in accordance with this agreement, to obtain professional advice in relation to the Services, to comply with this agreement, or as required by law.
4. The provisions of this section 10 10 continue in force notwithstanding completion of the Services or the termination of this agreement.

16. Intellectual Property

1. Nothing in this Agreement affects the ownership of any Intellectual Property Rights owned by either party before this Agreement or independently of this agreement or the Services.
2. All Intellectual Property Rights created for the purposes of, or arising as a result of, the performance of the Services (including all Intellectual Property Rights in the Tutorials) is owned by eCore, unless otherwise agreed in writing by the parties.

17. Third Party Resource

1. As the Tutorials may contain software or other content sourced from third parties (such as open source solvers, interface systems, etc.), you acknowledge and agree that eCore does not provide or control the software or content provided by any third party. As such, ECore is not liable for the acts or omissions of any third party or their content or software.

18. Termination
This Agreement shall remain in full force and effect while you use the Services. Either party may terminate this agreement at any time by discontinuing the use of eCore’s Services. If you (or parent, in the case of users below the age of 13) decide to termination this Agreement and discontinue your use of the Services or your account, please contact us using the form in the “Contact Us” section or sending an email at the address provided in our Contact Us section. eCore may suspend or terminate your access to the Services, account, website or other channels at any time, for any reason including your violation of this Agreement. Upon termination of your account, your right to use the Services, access the website, and any Tutorials will immediately cease.

19. Liability

1. eCore will, under no circumstances, be liable in any manner whatsoever for any content in the Tutorials, including, but not limited to, any errors or omissions in the content of any Tutorial, or any loss or damage of any kind incurred in connection with use of or exposure to any content of the Tutorial posted, emailed, accessed, transmitted, or otherwise made available via the Services to a user.
2. eCore cannot and will not guarantee the authenticity of any data which users may provide about themselves. you acknowledge that the Tutorials accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. If you post information on any of our channels, you agree that by posting questions/submissions or otherwise providing content, materials or information to us shall be solely in connection with the Services. you hereby grant to eCore and its successors a non-exclusive, worldwide, royalty free, and transferable right and license (without obligation) to reproduce, distribute, publicly perform and display, and modify such your user submissions (including all related intellectual property rights) and to allow others to do so as may be reasonably necessary to provide the Services to you and other users.
3. you may be allowed to post submissions, questions etc. on our channel. However, eCore reserves the right to remove your submissions from the website at any time for any reason, including without limitation in connection with any infringement of third-party intellectual property rights. If you post any submission, you warrant, represent and agree that you will not contribute any submission (i) that infringes or violates the intellectual property rights or proprietary rights, rights of privacy, or other rights of any third party; (ii) violates any law, statute, ordinance or regulation or which would render eCore in violation of any applicable laws or regulations, including without limitation COPPA; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) infringes someone else’s account security. eCore reserves the right to remove any Content from the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if eCore is concerned that you may have breached the immediately preceding sentence), or for no reason at all. you will remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services, and you warrant that you possess all rights necessary to provide such content to eCore and to grant eCore the rights to use such information in connection with the Services and as otherwise provided herein.
4. you agree that eCore will not be liable for any loss or damage arising in connection with (a) your misuse of the Tutorials or Services; (b) any illegality, inaccuracy, obsolescence or inappropriateness of your Information; (c) any illegality, inaccuracy, obsolescence or inappropriateness of the information provided in the Tutorials by any student tutor; (d) in case of any wrong answer by a tutor.
5. you agree that eCore will not be liable for any consequential, collateral, special, incidental, indirect, exemplary or punitive damages, including, without limitation, loss of profits or revenue, loss of opportunity or use, damage, loss or destruction of data, costs of cover, costs of delay, however caused and based on any theory of liability, for any claims or causes of action arising out of or related to this agreement or the Services.
6. To the maximum extent permitted by law, the limitations in this Section 14 will apply even if a party has been informed of the possibility of such damages.

20. Restrictions on Use
your use of eCore’s Services is subject to you not engaging in any illegal, fraudulent, or abusive activity. If you engage in such conduct, Services will be terminated, and you will not be permitted to access or use our Services. By no means, may you engage in conduct to solicit, transmit, or post submissions with the intentions of obtaining another user or eCore’s tutor’s password, account, or private information. No action may be such as that violates the security of any computer network, obtain passwords or violate security encryption codes, transfer or store illegal, threatening or obscene material(s)or engage in any sort of activity expressly prohibited. you will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.

21. Indemnity
You agree to indemnify and hold eCore, its parents, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any third party claim or demand arising out of your access to the Services, use or misuse of the Services, your violation of this Agreement (including any failure to obtain or provide any necessary Parental Consent and/or violation of applicable laws or regulations), or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity, including your submissions.

22. Dispute Resolution

1. A party must not commence court proceedings in relation to a dispute until it has exhausted the procedures in this section 15, unless the party seeks urgent injunctive or interlocutory relief.
2. If a dispute arises between the parties, either party may give notice of the dispute (Dispute Notice) to the other party. If a Dispute Notice is given:
   1. your representative and eCore’s representative must negotiate as soon as possible in an effort to resolve the dispute;
   2. if the dispute is not resolved within 7 days of the Dispute Notice being given, the Managing Directors (or equivalent) of the parties must meet by phone or in person (whichever is most practical) to resolve the dispute within 14 days; and
   3. if the dispute is not resolved within 21 days of the Dispute Notice being given, eCore will instruct the President of the Law Institute of Victoria to appoint an independent mediator to resolve the dispute by mediation and the parties must participate in the mediation in good faith.
3. The parties must continue to perform their obligations under this agreement despite the existence of a dispute or any steps being taken under this clause 16.

23. General

1. Independent Contractor, Subcontractors. eCore may engage contractors or subcontractors, student tutors or other professional consultants to assist eCore to provide the Services.
2. Assignment. A party may by written notice to the other party assign, transfer, subcontract or otherwise dispose of, in whole or in part, its rights under this agreement. This Agreement may be assigned only with eCore’s prior approval if and when fees are levied by eCore for its Services,
3. Variation. This Agreement may only be amended or modified in writing signed by the parties.
4. Notices. Any notice or demand to be given or made under this agreement must be in writing (including without limitation by email) signed by a party's authorized representative.
5. Governing law. This Agreement is governed by the laws of New Jersey, USA.
6. Entire Agreement. It is expressly acknowledged, by and between the parties, that the terms and conditions set out in this agreement contain the entire agreement concluded between the parties.

Uploading Tutorials
Content Creators or Tutors may provide pre-recorded lectures to eCore. All Tutorials will be assessed and if any changes are required, eCore will intimate the same to you. You may use your Content to promote your enterprise. If you intend to upload a Tutorial, you must not submit to eCore any Content that does not comply with this Agreement (including any other Company policy) or the law. For example, the Tutorial you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. You are legally responsible for the Tutorial you submit to eCore. eCore may analyze your Tutorial to help detect legality, authenticity, infringement and abuse, such as spam, malware, and illegal content.

Rights you Grant
You retain ownership rights in your Tutorials. However, you agree to grant eCore the below rights:

• By providing Tutorials, you grant eCore a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use the Tutorial (including to reproduce, distribute, prepare derivative works, display and perform it) in connection with the Service, including for the purpose of promoting and redistributing part or all of the Service.
• You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Tutorials, This license does not grant any rights or permissions for a user to make use of your Tutorials independent of the Services that eCore provides.
• The licenses granted by you continue for a commercially reasonable period of time after you intend to remove or delete your Tutorial form the website. eCore may retain, but not display, distribute, or perform, server copies of your Tutorials that have been removed or deleted.
• You grant to eCore the right to monetize your Tutorial (and such monetization may include displaying ads on the Tutorial or charging users a fee for access).

Fees
This Agreement does not entitle you to any fees or payments. Any payments you may be entitled to receive from eCore may be under any other agreement between you and eCore as per separate terms and conditions. If required by law, eCore will withhold taxes from such payments. Removing Your Tutorial. You may contact the Company to have your tutorial removed or deleted at any time.

Removal by eCore
If we reasonably believe that any Tutorial is in breach of law or this Agreement or may cause harm to eCore, its users, or third parties, eCore may remove or take down that Tutorial in its sole discretion. eCore will notify you with the reason for our action unless we reasonably believe that in doing so eCore may breach the law or otherwise risk legal liability, or (c) would cause harm to any user, other third party, or eCore.

Copyright Protection
If at any time you believe your copyright has been infringed on the Service, please contact us immediately.