TERMS OF USE
Bespoke Education, Inc.
This Agreement was last updated on January 12, 2024
1. Introduction and Scope: Under this Agreement, Bespoke Education, Inc. (“Bespoke”, “we”, “our” or “us”) is making available to our users and registered accounts (“you” or “your”) our web store https://store.bespokeeducation.com (our “Store”), through which you may also access our main domain https://bespokeeducation.com and other sub-domains and related sites (collectively, including our Store, our “Sites”). Through our Store, you can access our various digital mock testing products and services, which can include, but are not limited to, learning about our products and services, registering for an account, buying mock tests and other digital education products or services, accessing specific information relating to your use of our products and services, accessing other related information, and asking questions or otherwise contacting us (all of the foregoing, including your interactions with our products and services, collectively, our “Services”). By selecting the box next to “I have read, understand and agree to Bespoke’s Terms of Use” when registering, or if you otherwise use or access our Store or our Services, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms. Please note that different Terms of Use may apply to your access or use of other of our Sites and/or other of our services offered thereon.
If you do not agree with any of the provisions of this Agreement, please leave our Store immediately and do not use or access any of our Services.
2. Registration Requirements: You represent to us that you or your student (your “Student”) are the final user of our products and acknowledge and agree that you are accessing our Store (and thereby entering into this Agreement) on behalf of yourself or your Student. You agree to provide accurate and complete registration information and to advise us promptly of any changes. You agree not to use our Services for any unlawful purpose. Our Services are personal to you or your Student, and you may not assign your rights or obligations to anyone. Nor may you allow others (other than your Student) to use your registration, user name or password to use our Services.
When you register, you will choose a user name (which may be your email address) and password which may be assigned or that we may allow you to select. You may not select a user name which violates anyone’s rights or one which in our sole discretion we consider offensive, improper or inappropriate. We have the right to modify or delete any such user name.
3. Fees, Billing and Payments: You agree to provide valid and active credit card information, for which you are the account owner, at the time of any registration at our Store that requires a credit card. All fees and charges for our products that are incurred by you or your Student or otherwise in connection with your user name or password will then be billed to this credit card (if you have saved it to our Store) unless and until you notify us otherwise in writing, and you specifically authorize us to make such charges. You agree to provide us with your CSC (card security code) upon request if needed for valid charges.
We may change existing pricing plans and charges, or add new fees or charges, at any time, but no such changes will be applied to any mock testing or other digital products for which you have already registered and paid.
You are responsible for all use, activities and charges associated with or arising from your or your Student’s use of our Services, including any unauthorized charges or use under your user name and/or password. You are also responsible for any charges incurred to access our Store through an Internet access provider or other third party service.
Taxes and other government charges or fees are also your responsibility and will be added, as we determine are applicable, and billed to your account (but any failure by us to do so will not relieve you of the responsibility).
4. Information: Our Store and our Services present or provide access to (or may from time to time present or provide access to) information, data, lesson plans, tests, programs, video, audio and other materials, services, communications, transmissions, items or content, which are collectively herein referred to as the “Information.” The Information available through our Store and our Services is the property of Bespoke or our licensors (or of other third parties accessed through our Services) and is protected by copyright and other intellectual property laws. You have no rights in or to the Information and you agree that neither you nor your Student will use, copy or redistribute the Information, or permit anyone else to use the Information, except with our consent or as needed or otherwise required in connection with the use of our Store or our Services by you or your Student. However, the term “Information” does not include your or your Student’s test scores or other results reported or otherwise made available through your account.
5. Personal Information: “Personal information” means any information relating to your registration and use of our Store or our Services that specifically identifies you or your account, which might include items such as your or your Student’s full name, email address(es), mailing address, phone number(s) and, if applicable, credit card number(s). We may store and use your personal information for the internal purposes of ourselves and our affiliates, including, but not limited to, for purposes of administering our Store and other Sites, registering your account, otherwise enabling your or your Student’s use of our Services, and processing any inquiries, transactions, registrations or applications you submit. Please see our Privacy Policy, accessible at the bottom of the home page of our Store, to learn more about the information we collect as a result of your or your Student’s use of our Store and our Services and how we use such information.
6. No Guarantees; Disclaimers: You acknowledge that we cannot guarantee (and we specifically disclaim) you or your Student achieving any particular outcome, test score improvement, counseling or coaching satisfaction or other result from our Services. IN THE EVENT YOU OR YOUR STUDENT ARE DISSATISFIED IN ANY RESPECT, YOU AGREE THAT YOUR SOLE RIGHT AND EXCLUSIVE REMEDY SHALL BE TO TERMINATE USING OUR SERVICES, AND, EXCEPT AS SEPARATELY PROVIDED IN OUR STORE’S WRITTEN REFUND POLICY, NO REFUNDS SHALL BE PROVIDED.
YOUR ACCESS TO AND USE OF OUR SERVICES AND THE INFORMATION, IS AT YOUR SOLE RISK AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO OUR SERVICES OR THE INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
7. LIMITATION OF LIABILITY: YOU AGREE, ON BEHALF OF YOURSELF, YOUR STUDENT AND ANY OTHER PARENT OR LEGAL GUARDIAN OF YOUR STUDENT (“OTHER ADULT”), THAT BESPOKE AND ITS AFFILIATES, AND THE RESPECTIVE OWNERS, OFFICERS, EMPLOYEES, MEMBERS, VOLUNTEERS, INTERNS, AGENTS AND OTHER REPRESENTATIVES OF BESPOKE AND ITS AFFILIATES (THE “OTHER RELEASEES”), SHALL HAVE NO LIABILITY TO YOU, YOUR STUDENT OR ANY OTHER ADULT FOR ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, INJURIES, COSTS AND EXPENSES, INCLUDING LEGAL FEES AND COSTS, RELATING TO OR ARISING IN ANY MANNER FROM YOUR OR YOUR STUDENT’S USE OF OUR STORE OR OTHER SITES, THE INFORMATION OR OUR SERVICES, INCLUDING BUT NOT LIMITED TO, FROM ANY SECURITY BREACHES OR IMPROPER ACCESS TO YOUR OR YOUR STUDENT’S PERSONAL INFORMATION, ANY NON-COMPLIANCE WITH OUR PRIVACY POLICY, OR ANY FLAWS, OMISSIONS OR OTHER ISSUES WITH ANY OF THE INFORMATION. THIS LIMITATION OF LIABILITY APPLIES TO ANY DIRECT OR INDIRECT DAMAGES OF ANY KIND, CAUSED IN WHOLE OR IN PART BY A FAILURE OR OMISSION OF BESPOKE (OR SUCH OTHER RELEASEES) OF ANY KIND, WHETHER ARISING IN BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. HOWEVER, THIS LIMITATION OF LIABILITY SHALL NOT AFFECT LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, WHICH, INSTEAD, WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY SUCH LAW.
8. Termination: Nothing in this Agreement obligates you to access initially, or to continue to access, our Store or our Services. You may terminate this Agreement (and your account and your registrations with us) at any time, for any or no reason, by giving us written notice of such termination. We expressly reserve the right to discontinue or change our Store and/or our Services in any manner, at any time, for any or no reason. We also expressly reserve the right to discontinue the availability of our Services to you or your Student on an individual basis, at any time and for any reason we deem appropriate, including by terminating this Agreement, your account and registrations with us.
9. Waiver and Severability: No failure or delay in enforcing any right or obligation under this Agreement shall be a waiver of that or any other right or obligation, and no waiver of a right or obligation in one or more instances shall be interpreted or deemed to constitute a waiver of such right or obligation in subsequent instances. If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions will continue in full force and effect and not be affected.
10. Governing Law, Severability, Jurisdiction, etc.: THIS AGREEMENT, YOUR REGISTRATION WITH US AND YOUR USE OF OUR SERVICES SHALL BE GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF NEW YORK, AS IF THE AGREEMENT WERE A CONTRACT WHOLLY ENTERED INTO AND PERFORMED WITHIN THE STATE OF NEW YORK. You agree that the federal or state courts located in New York County in the State of New York have exclusive jurisdiction with respect to any claim, action or dispute under this Agreement. Solely for purposes of this Agreement, you also agree and expressly consent to the exercise of personal jurisdiction over you by any such federal or state court located in New York County in the State of New York.
11. Updates: We may change this Agreement at any time, which changes will appear in this Agreement and be indicated by a revised “last updated” line above. Changes will take effect immediately. If any change is not acceptable, you may terminate your access to our Store and our Services, but using our Store or our Services after we have made or posted any such change means that you accept the change.