Terms of Use

PLEASE READ THESE TERMS OF USE ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY ARUKAY SAS ("COMPANY"). BY VISITING THE WEB SITES, THE LEARNING SYSTEM PLATFORM OR USING THE SERVICES IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO THOSE TERMS. IF YOU DO NOT UNCONDITIONALLY ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE, THE LEARNING SYSTEM PLATFORM OR THE COMPANY'S SERVICES. ACCESS TO THE WEB SITE, THE LEARNING SYSTEM PLATFORM OR THE COMPANY'S SERVICES IS EXPRESSLY CONDITIONED ON YOUR AGREEMENT TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, EXCLUDING ALL OTHER TERMS TO WHICH YOU HAVE PREVIOUSLY AGREED.

 

This Agreement applies to schools and colleges, school districts, related entities and organizations, including but not limited to administrators, instructors and teachers who access or use the Services on your behalf (each an "Educational Institution"), as well as all Educational Institution visitors, users and others, including students, their parents or legal guardians, who use the Services (such persons and Educational Institutions, collectively, "you").

 

ACCESS TO SERVICES. The website and the arukay.com domain name, as well as the learning system, content or application services (including, without limitation, mobile application services) offered from time to time by Company in connection therewith, are Company Property. Subject to the terms and conditions of this Agreement, the Company may provide services solely for its own use and not for the use or benefit of any third party.

 

The term "Services" includes, without limitation, the use of the web site, the learning system or any services that the Company performs. The Company may impose limits on certain features and Services or restrict your access to parts or all of the Services without notice or liability. The Company reserves the right, in its sole discretion, to modify this Agreement at any time by posting a notice on the website or by sending you a notice. You shall be responsible for reviewing and familiarizing yourself with any such modifications. Your use of the Services after such notice constitutes your acceptance of the terms and conditions of this Agreement, as modified.

 

If you are registering for this Service and creating accounts on behalf of students, you represent and warrant that: (a) You are a teacher or administrator of the school, college or are authorized by a school or district to register on behalf of students. (b) You are the guardian of such student(s).

 

If you are accepting these Terms on behalf of an organization or entity (for example, if you are an administrator accepting these Terms on behalf of your school or college) you represent and warrant that you are authorized to accept these Terms on behalf of that organization or entity and to bind them to these Terms. You also certify that you have legal permission to use and access the Services and assume full responsibility for the selection, use and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

 

If you are a school, college, district or teacher, the Company may generate an access code.

 

CONTENTS OF THE SERVICES. The Services and their Contents are intended solely for personal, non-commercial use. Therefore, they may only be used in accordance with the terms of this Agreement. All materials displayed or performed on the Services (including but not limited to text, graphics, articles, photographs, images, illustrations, videos) are protected by copyright and shall comply with all copyright notices, trademark rules, information and restrictions contained in any Content accessed through the Services, and you shall not use, copy, reproduce, modify, translate, publish, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose, any Content or third party submissions or other proprietary rights not owned by: (i) without the prior written consent of the respective owners, and (ii) in any manner that violates any rights of third parties.

 

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based upon, distribute, perform, display or otherwise exploit, any of the Content, Software, Materials or Services in whole or in part.

 

You may download or copy Content (and other items displayed on the Services for downloading) for personal, non-commercial use only, provided that all copyright and other notices contained in such Content are retained. Copying or storing of any Content other than for personal or commercial use is expressly prohibited without the prior written permission of the Company or the copyright holder (identified in the copyright notice for such Content).

 

In the course of using the Services, you and other users may provide information that the Company may use in connection with the Services and that may be visible to other users. Anything you post, upload, share, store or otherwise provide through the Services is your "User Submission." Some User Submissions are visible to other users. In order to display your User Submissions on the Services and allow other users to enjoy them (where applicable) you grant us certain rights in those User Submissions.

 

You understand that all information posted or transmitted privately through the Services is the sole responsibility of the person from whom such content originated and that the Company shall not be liable for any errors or omissions in such content. In addition, the Company cannot guarantee the authenticity of any information that users provide about themselves. You acknowledge that all Content you access while using the Services is at your own risk and you shall be solely responsible for any damage or loss to any party resulting therefrom.

 

Under no circumstances shall the Company be liable for any content (including, without limitation, errors or omissions in information, loss or damage of any kind incurred in connection with the use or display of any posted information) e-mailed, accessed, transmitted or made available by users through the Services.

 

RESTRICTIONS: You warrant, represent and agree that you will not contribute any Content or use the Services in a manner that: (i) infringes or violates the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights of third parties; (ii) violates any law, statute, ordinance or regulation; (iii) is harmful, fraudulent, deceptive, misleading, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, slanderous, or otherwise objectionable; (iv) involves commercial activities and/or sales without the Company's prior written consent, such as contests, sweepstakes, barter, advertising or pyramid schemes; (v) impersonates any person or entity, including, without limitation, any employee or representative of the Company; or (vi) transmits a virus, Trojan horse, worm, time bomb or other harmful computer code, file or program. The Company reserves the right to remove at any time, for any reason (including, without limitation, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all, Content from the Services. You, not the Company, remain solely responsible for all information you upload, post, email, transmit or otherwise disseminate using or in connection with the Services and you warrant that you have all rights necessary to provide such Content to the Company and to grant the Company the rights to use such information in connection with the Services and as provided herein.

 

You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive or illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any other user of the Services. Use of the Services to breach the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of automated response or "spam" on the Services, or any process that runs or is activated while you are not logged into the Services, or that interferes with the proper working of or places an unreasonable load on the infrastructure of the Services.

 

It is strictly prohibited: The use of software, devices or other manual or automated processes to "crawl", "scrape" or "crawl" any part of the Services.

Decompile, reverse engineer or otherwise attempt to obtain the source code of the Services.

 

PRIVACY POLICY. For information about the Company's treatment of personally identifiable information, please review the Company's current Privacy Policy at http: https://arukay.com/privacidad.

 

REGISTRATION AND SECURITY. As a condition of using some aspects of the Services, you may be required to register and select a password and user name ("Company User ID"). In certain situations, your school or college may select the user ID for the student. You may not: (i) select or use as a User ID the name of another person with the intent to impersonate that person; (ii) use as a User ID a name subject to the rights of a person other than yourself without proper authorization. The Company reserves the right to refuse registration or cancel a User ID at its discretion.

 

INDEMNITIES.You will indemnify and hold the Company (subsidiaries, affiliates, officers and employees) harmless from any claim made by any third party due to any damages, liability, settlement, costs and attorneys' fees, arising out of any violation of this Agreement or infringement - of any intellectual property or other right of any person or entity - by you or any third party using your account.

 

FEES AND PAYMENT. You shall pay all applicable fees as described on the website and/or in accordance with the plan selected by the educational institution. The Company reserves the right to change its price list and institute new charges at any time upon notice, which may be sent by email or posted on the website.

 

TERMINATION. This Agreement shall remain in full force and effect as long as you use the Services. In the case of agreements with educational institutions, they shall remain in effect for the term previously agreed upon with the institution. The Company may terminate or suspend your access to the Services or your membership at any time, for any reason and without notice, which may result in the loss and destruction of all information associated with your membership.

If you breach any of the terms or conditions of this Agreement, the Company may terminate or suspend any or all Services and access to the Website and the learning system platform immediately, without notice or liability.

 

QUESTIONS OR CONCERNS. If you have any questions or concerns regarding our privacy policies, please send us a detailed message to [email protected] and we will do our best to address your concerns.

Arukay SAS

Cra. 11B # 99-25 

Bogotá, Cundinamarca, Colombia

+57 1 7868000

Last update: March 17, 2020