CharCharChar - Terms of Use

Last updated on July 1, 2024.

Welcome, and thank you for your interest in CharCharChar! Our mission is to enable learning through awesome questions, exams and tests. We try to accomplish this by building an ecosystem for authors to seamlessly build great exams and for students to access these amazing exams and associated educational content..

We enable anyone, anywhere to create and share practice-exams, mock-tests and similar educational content (authors) and to access these educational content to learn (students). We consider our marketplace model the best way to offer valuable educational content to our users. We need rules to keep our platform and services safe for you, us, our student and author community. These Terms apply to all your activities on the CharCharChar website, the CharCharChar mobile applications, our APIs, and other related services (“Services”).

If you publish content on the CharCharChar platform, you must also agree to the Author Terms. We also provide details regarding our processing of personal data of our students and authors in our Privacy Policy.

We may, at our sole discretion, modify these Terms of Service at any time. By accessing the Service at any time after such modifications, you are agreeing to such modifications. These Terms of Service were last modified on the date mentioned above.

CharCharChar Service Description

The CharCharChar Service allows students to find exams that they are interested in taking, and allows authors to find students interested in taking their exams. Features include (but are not limited to) the ability for the students to search for exams, mock tests, practice exams, etc. Ability for students to purchase their preferred exam(s) and then attempt the purchased exams (one time only) using our platform. CharCharChar also enables authors to create exams (that meets our guidelines and quality checks) and publish it to the students. We reserve the right to refuse to provide the Service to any person for any reason and/or to discontinue the Service in whole or in part at any time, with or without prior notice.

1. Your CharCharChar Account

In order to use the Services, you will need to register an account or you may use the Guest Checkout. Where an account is created, only one account can be registered and in doing so you agree to:

• Submit your own valid e-mail address
• Keep confidential and secure, all aspects and information of your account including your password
• Store your password somewhere safe and use a strong password, because you’re responsible for all activity associated with your account
• Keep confidential and secure all aspects of other users’ account information that you may have access to
• Maintain and promptly update your account information to keep it accurate, current and complete at all times or as soon as reasonably practicable following any changes
• You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances use the Service. You must also have reached the age of consent for online services in your country to use CharCharChar. Children are not allowed to use CharCharChar without parental consent and adult supervision.

Your CharCharChar account is your unique identity. Don’t let anyone else use your CharCharChar account. If you suspect someone else is using your account please change/ update your password or let us know by contacting our Support Team.

You need an account for most activities on our platform, including to purchase and access content or to submit content for publication. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information, including a valid email address. You have complete responsibility for your account and everything that happens on your account, including for any harm or damage (to us or anyone else) caused by someone using your account without your permission. This means you need to be careful with your password. You may not transfer your account to someone else or use someone else’s account. If you contact us to request access to an account, we will not grant you such access unless you can provide us with the information that we need to prove you are the owner of that account. In the event of the death of a user, the account of that user will be closed.

You may not share your account login credentials with anyone else. You are responsible for what happens with your account and CharCharChar will not intervene in disputes between students or authors who have shared account login credentials. You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team. We may request some information from you to confirm that you are indeed the owner of your account.

Students and authors must be at least 18 years of age to create an account on CharCharChar and use the Services. If you are younger than 18 but above the required age for consent to use online services where you live (for example, 13 in the US or 16 in Ireland), you may not set up an account, but we encourage you to invite a parent or guardian to open an account and help you access content that is appropriate for you. If you are below this age of consent to use online services, you may not create a CharCharChar account. If we discover that you have created an account that violates these rules, we will terminate your account. Under our Author Terms, you may be requested to verify your identity before you are authorized to submit content for publication on CharCharChar.

You must be a human to open an account. Accounts registered by “bots” or other automated methods are not permitted.

You are responsible for maintaining the security of your account and password. We view any actions taken by your account as taken by you. CharCharChar will not be liable for any loss or damage from your failure to comply with this security obligation.

You can terminate your account at any time by contacting our Support Team. Check our Privacy Policy to see what happens when you terminate your account.

2. Content Purchase and Access

When you purchase an exam or other content, you get a license from us to view it via the CharCharChar Services and no other use.

• Don’t try to transfer or resell content in any way.
• When you purchase an exam they are one time and single use/ attempt only. If you wish to retake the exam, you will need to make additional purchases. If you chose to repurchase, you will get the same exam/ test. You can only use/ complete the exam once. In case you want to purchase multiple quantities fo the same exam, you can do so during the purchase/ checkout process (before making the payment).

We generally grant you a one-time and single use access license, except when we must disable the content because of legal or policy reasons or for enrollments via Subscription Plans (we haven't introduced subscription plans yet as of 20th July 2021).

Under our Author Terms, when authors publish content on CharCharChar, they grant CharCharChar a license to offer a license to the content to students. This means that we have the right to sublicense the content to enrolled students. As a student, when you buy an exam or other content, whether it’s free or paid content, you are getting a license from CharCharChar to view the content via the CharCharChar platform and Services, and CharCharChar is the licensor of record. Content is licensed, and not sold, to you. This license does not give you any right to resell the content in any manner (including by sharing account information with a purchaser or illegally downloading the content and sharing it on torrent sites).

In legal, more complete terms, CharCharChar grants you (as a student) a limited, non-exclusive, non-transferable license to access and view the content for which you have paid all required fees, solely for your personal, non-commercial, educational purposes through the Services, in accordance with these Terms and any conditions or restrictions associated with the particular content or feature of our Services. All other uses are expressly prohibited. You may not reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, sublicense, or otherwise transfer or use any content unless we give you explicit permission to do so in a written agreement signed by a CharCharChar authorized representative. This also applies to content you can access via any of our APIs.

We generally give a one-time only access license to our students to the exams or other content they purchased . However, we reserve the right to revoke any license to access and use any content at any point in time in the event where we decide or are obligated to disable access to the content due to legal or policy reasons, for example, if the exam or other content you enrolled in is the object of a copyright complaint, or if we determine it violates our Trust & Safety Guidelines. This access license does not apply to enrollments via Subscription Plans or to add-on features and services associated with the exam or other content you purchase or enroll in. For example, authors may decide at any time to no longer provide the authoring or exam-related assistance or Q&A services in association with the content. To be clear, the access is to the exam content but not to the author.

Authors may not grant licenses to their content to students directly, and any such direct license shall be null and void and a violation of these Terms.

3. Payments, Credits, and Refunds

Some of the stuff on our site requires you to pay for it (example: purchase of exam(s)). By initiating a purchase on CharCharChar:

• You agree to pay all charges associated with your transaction.
• When you make a payment, you agree to use a valid payment method.
• We use a trusted and secured third-party PCI compliant payment processor
• We do not hold any financial information or credit card details

If you aren’t happy with the exam content, CharCharChar offers a 14-day refund or credit for most content purchases. However, we use third party secured payment provider and do not store customer financial details (like Card numbers, payment methods, etc.). The third party payment processing service charges a fee per transaction and this amount is not refundable. The refund provided back to the customer by CharCharChar shall exclude these payment processing cost and only the remaining amount shall be refunded to the customer. Please let us know by contacting our Support Team.

3.1 Pricing

The prices of content on CharCharChar are determined based on the terms of the Author Terms. We reserve the right, at any time, to change any fees or charges for using any services provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the change. In some instances, the price of content offered on the CharCharChar website may not be exactly the same as the price offered on our mobile or TV applications, due to mobile platform providers’ pricing systems and their policies around implementing sales and promotions.

We occasionally run promotions and sales for our content, during which certain content is available at discounted prices for a set period of time. The price applicable to the content will be the price at the time you complete your purchase of the content (at checkout).

If you are logged into your account, the listed currency you see is based on your location when you created your account. If you are not logged into your account, the price currency is based on the country where you are located. We do not enable users to see pricing in other currencies.

If you are a student located in a country where use and sales tax, goods and services tax, or value added tax is applicable to consumer sales, we are responsible for collecting and remitting that tax to the proper tax authorities. Depending on your location, the price you see may include such taxes, or tax may be added at checkout.

3.2 Payments

You agree to pay the fees for content that you purchase, and you authorize us to charge your debit or credit card or process other means of payment (such as Boleto, SEPA, direct debit, or mobile wallet) for those fees. CharCharChar works with payment service providers to offer you the most convenient payment methods in your country and to keep your payment information secure. We may update your payment methods using information provided by our payment service providers. Check out our Privacy Policy for more details.

When you make a purchase, you agree not to use an invalid or unauthorized payment method. If your payment method fails and you still get access to the content you are enrolling in, you agree to pay us the corresponding fees within thirty (30) days of notification from us. We reserve the right to disable access to any content for which we have not received adequate payment.

3.3 Refunds

Payments are nonrefundable and there are no refund or credits for partially used content. In case of subscription plan, following any cancellation, there will not be any refunds. However, you will continue to have the benefits of your CharCharChar Membership through the end of your current billing period.

4. Content and Behavior Rules

You can only use CharCharChar for lawful purposes. You’re responsible for all the content that you post on our platform. You should keep the reviews, questions, posts, exams and other content you upload in line with our Trust & Safety Guidelines and the law, and respect the intellectual property rights of others. We can ban your account for repeated or major offenses. If you think someone is infringing your copyright on our platform, let us know.

You may not access or use the Services or create an account for unlawful purposes. Your use of the Services and behavior on our platform must comply with applicable local or national laws or regulations of your country. You are solely responsible for the knowledge of and compliance with such laws and regulations that are applicable to you.

If you are a student, the some of the Services enable you to ask questions to the authors of exams or other content you are enrolled in, and to post reviews of content.

If you are an author, you can submit content for publication on the platform and on some cases, you can also communicate with the students who have purchased your exams or other content. In both cases, you must abide by the law and respect the rights of others: you cannot post any exam, question, answer, review or other content that violates applicable local or national laws or regulations of your country. You are solely responsible for any exams, content, and actions you post or take via the platform and Services and their consequences. Make sure you understand all the copyright restrictions set forth in the Author Terms before you submit any content for publication on CharCharChar.

If we are put on notice that your exam or content violates the law or the rights of others (for example, if it is established that it violates intellectual property or image rights of others, or is about an illegal activity), if we discover that your content or behavior violates our Trust & Safety Guidelines, or if we believe your content or behavior is unlawful, inappropriate, or objectionable (for example if you impersonate someone else), we may remove your content from our platform. CharCharChar complies with copyright laws. Check out our Intellectual Property Policy for more details.

CharCharChar has discretion in enforcing these Terms and our Trust & Safety Guidelines. We may restrict or terminate your permission to use our platform and Services or ban your account at any time, with or without notice, for any or no reason, including for any violation of these Terms, if you fail to pay any fees when due, for fraudulent chargeback requests, upon the request of law enforcement or government agencies, for extended periods of inactivity, for unexpected technical issues or problems, if we suspect that you engage in fraudulent or illegal activities, or for any other reason in our sole discretion. Upon any such termination we may delete your account and content, and we may prevent you from further access to the platforms and use of our Services. Your content may still be available on the platforms even if your account is terminated or suspended. You agree that we will have no liability to you or any third party for termination of your account, removal of your content, or blocking of your access to our platforms and services.

If a user has published content that infringes your copyright or trademark rights, please let us know. Our Author Terms require our authors to follow the law and respect the intellectual property rights of others. For more details on how to file a copyright or trademark infringement claim with us, see our Intellectual Property Policy.

CharCharChar is a community of a lot of learners and exam takers. When you sign up for the Site, you agree to the following rules:

• You will use the Service only for lawful purposes and agree to not use the Service in any way that will infringe upon the use or rights of any other user.
• Your use of the Service is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Service.
• You will not upload any copyrighted, trademarked, or proprietary materials on the Service without the expressed permission of the owner. You will not post any content that infringes on any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property or proprietary right of any party.
• You assume full responsibility for the content of the Service offered.
• You understand that exams and any other content posted are publicly available to be viewed and accessed by anyone.
• You agree that you will not engage in any behavior that constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
• You will not share content from the Service with anyone who is not properly licensed to access the content.
• You will not upload, share, post, distribute or otherwise partake in any behavior that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies.
• You will not partake in any behavior that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability.
• You will not share software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party.
• You will not impersonate any person or entity, including any of our employees or representatives.
• You will not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all parts of the Service may be available to you or other authorized users of the Service. You shall not interfere with anyone else’s use and enjoyment of the Service. Users who violate systems or network security may incur criminal or civil liability.

5. CharCharChar’s Rights to Content You Post

We retain ownership of content you post to our platform, including your exams. We’re allowed to share your content to anyone through any media, including promoting it via advertising on other websites.

The content you post as a student or author (including exams) is owned by CharCharChar. By posting exams and other content, you allow CharCharChar to reuse and share it but you do not lose any ownership rights you may have over your content. If you are an author, be sure to understand the content licensing terms that are detailed in the Author Terms.

When you post content, comments, questions, reviews, and when you submit to us ideas and suggestions for new features or improvements, you authorize CharCharChar to use and share this content with anyone, distribute it and promote it on any platform and in any media, and to make modifications or edits to it as we see fit.

In legal language, by submitting or posting content on or through the platforms, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content (including your name and image) in any and all media or distribution methods (existing now or later developed). This includes making your content available to other companies, organizations, or individuals who partner with CharCharChar for the syndication, broadcast, distribution, or publication of content on other media, as well as using your content for marketing purposes. You also waive any rights of privacy, publicity, or other rights of a similar nature applicable to all these uses, to the extent permissible under applicable law. You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit. You also agree to all such uses of your content with no compensation paid to you.

6. Using CharCharChar at Your Own Risk

Anyone can use CharCharChar to create and publish content and authors and we enable authors and students to interact for teaching and learning. Like other platforms where people can post content and interact, some things can go wrong, and you use CharCharChar at your own risk.

Our platform model means we do not review or edit the content for legal issues, and we are not in a position to determine the legality of content. We do not exercise any editorial control over the content that is available on the platform and, as such, do not guarantee in any manner the reliability, validity, accuracy, or truthfulness of the content. If you access content, you rely on any information provided by an author at your own risk.

By using the Services, you may be exposed to content that you consider offensive, indecent, or objectionable. CharCharChar has no responsibility to keep such content from you and no liability for your access or enrollment in any exam or other content, to the extent permissible under applicable law. This also applies to any content relating to health, wellness, and physical exercise. You acknowledge the inherent risks and dangers in the strenuous nature of these types of content, and by accessing such content you choose to assume those risks voluntarily, including risk of illness, bodily injury, disability, or death. You assume full responsibility for the choices you make before, during, and after your access to the content.

When you interact directly with a student or an author, you must not share any personal information. While we restrict the types of information authors may request from students, we do not control what students and authors do with the information they obtain from other users on the platform. You should not share your email or other personal information about you for your safety.

We do not hire or employ authors nor are we responsible or liable for any interactions involved between authors and students. We are not liable for disputes, claims, losses, injuries, or damage of any kind that might arise out of or relate to the conduct of authors or students.

When you use our Services, you will find links to other websites that we don’t own or control. We are not responsible for the content or any other aspect of these third-party sites, including their collection of information about you. You should also read their terms and conditions and privacy policies.

7. CharCharChar’s Rights

We own the CharCharChar platform and Services, including the website, present or future apps and services, and things like our logos, API, code, and content created by our employees. You can’t tamper with those or use them without authorization.

All right, title, and interest in and to the CharCharChar platform and Services, including our website, our existing or future applications, our APIs, databases, and the content our employees or partners submit or provide through our Services (but excluding content provided by authors and students) are and will remain the exclusive property of CharCharChar and its licensors. Our platforms and services are protected by copyright, trademark, and other laws of both the Australia and foreign countries. Nothing gives you a right to use the CharCharChar name or any of the CharCharChar trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding CharCharChar or the Services is entirely voluntary and we will be free to use such feedback, comments, or suggestions as we see fit and without any obligation to you.

You may not do any of the following while accessing or using the CharCharChar platform and Services:

• access, tamper with, or use non-public areas of the platform (including content storage), CharCharChar’s computer systems, or the technical delivery systems of CharCharChar’s service providers.
• disable, interfere with, or try to circumvent any of the features of the platforms related to security or probe, scan, or test the vulnerability of any of our systems.
• copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code of or content on the CharCharChar platform or Services.
• access or search or attempt to access or search our platform by any means (automated or otherwise) other than through our currently available search functionalities that are provided via our website, mobile apps, or API (and only pursuant to those API terms and conditions). You may not scrape, spider, use a robot, or use other automated means of any kind to access the Services.
• in any way use the Services to send altered, deceptive, or false source-identifying information (such as sending email communications falsely appearing as CharCharChar); or interfere with, or disrupt, (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the platforms or services, or in any other manner interfering with or creating an undue burden on the Services.

8. Subscription Terms

This section covers additional terms that apply to your use of our subscription-based collections as a student (“Subscription Plans”). By using a Subscription Plan, you agree to the additional terms in this section.

8.1 Subscription Plans

During your subscription to a Subscription Plan, you get a limited, non-exclusive, non-transferable license from us to access and view the content included in that Subscription Plan via the Services. With the exception of the lifetime access license grant, the terms included in the “Content Enrollment and Lifetime Access” section above apply to enrollments via Subscription Plans.

Your Subscription Plan may also include access to interactive environments, such as workspaces (“Interactive Sessions”). Interactive Sessions may be provided by a third party, subject to its own agreement or terms and conditions, and subject to usage limitations outlined on our Support Page. You’re responsible for complying with the terms and conditions of any third party provider.

The subscription that you purchase or renew determines the scope, features, and price of your access to a Subscription Plan. You may not transfer, assign, or share your subscription with anyone else.

We reserve the right to revoke any license to use the content in our Subscription Plans for legal or policy reasons at any time and at our sole discretion, such as if we no longer have the right to offer the content through a Subscription Plan. Additional information on our right to revoke is included in the “Content Enrollment and Lifetime Access” section.

8.2 Account Management

You may cancel your subscription by following the steps outlined on our Support Page. If you cancel your subscription to a Subscription Plan, your access to that Subscription Plan will automatically end on the last day of your billing period. On cancellation, you will not be entitled to receive a refund or credit of any fees already paid for your subscription, unless otherwise required by applicable law. For clarity, cancellation of a subscription does not terminate your Udemy account.

8.3 Free Trials & Renewals

Your subscription may start with a free trial. The duration of the free trial period of your subscription will be specified during sign-up. Udemy determines free trial eligibility at our sole discretion and may limit access, eligibility, or duration. We reserve the right to terminate the free trial and suspend your subscription if we determine that you aren’t eligible.

We will charge the subscription fee for your next billing cycle at the end of the free trial period. Your subscription will automatically renew according to your subscription settings (e.g., monthly or annually) unless you cancel your subscription prior to the end of the free trial period. For more information on how to view applicable fees and dates of your free trial period, visit our Support Page.

8.4 Payments and Billing

The subscription fee will be listed at the time of your purchase. You can visit our Support Page to learn more about where to find the fees and dates applicable to your subscription. We may also be required to add taxes to your subscription fee as described in the “Payments, Credits, and Refunds” section above. Payments are non-refundable and there are no refunds or credits for partially used periods, unless otherwise required by applicable law. Depending on where you are located, you may qualify for a refund. See our Refund Policy for Subscription Plans for additional information.

To subscribe to a Subscription Plan, you must provide a payment method. By subscribing to a Subscription Plan and providing your billing information during checkout, you grant us and our payment service providers the right to process payment for the then-applicable fees via the payment method we have on record for you. At the end of each subscription term, we will automatically renew your subscription for the same length of term and process your payment method for payment of the then-applicable fees.

In the event that we update your payment method using information provided by our payment service providers (as described in the “Payments, Credits, and Refunds” section above), you authorize us to continue to charge the then-applicable fees to your updated payment method.

If we are unable to process payment through the payment method we have on file for you, or if you file a chargeback disputing charges made to your payment method and the chargeback is granted, we may suspend or terminate your subscription.

We reserve the right to change our Subscription Plans or adjust pricing for our Services at our sole discretion. Any price changes or changes to your subscription will take effect following notice to you, except as otherwise required by applicable law.

8.5 Interactive Session Restrictions

You may not do any of the following while accessing or using the Interactive Sessions:

• use the Interactive Sessions for any purpose other than to perform the activities as instructed by Udemy’s labs;
• provide web, database, or forum access, or engage in cryptocurrency mining, on or through the Interactive Sessions;
• exceed the usage limitations outlined on our Support Page;
• access or use the Interactive Sessions in any commercial production environment;
• take any action in the Interactive Sessions that results in a disruption or interference of our Services or the stability of our infrastructure; or
• use any data or information other than simulated, anonymous, non-personal, non-live data or information when accessing or using the Interactive Sessions.

These restrictions are in addition to those listed elsewhere in these Terms, including in the “Content and Behavior Rules” and “Udemy’s Rights” sections above.

8.6 Subscription Disclaimers

We make no guarantees as to the availability of any specific content in any Subscription Plan or as to any minimum amount of content in any Subscription Plan. At any point in the future, we reserve the right to offer or cease to offer additional features to any Subscription Plan, or to otherwise modify or terminate a Subscription Plan at our sole discretion. We have no responsibility to preserve or store the content inputted by you in connection with your use of any Subscription Plan. These disclaimers are in addition to those listed in the “Disclaimers” section below.

8. Miscellaneous Legal Terms

These Terms are like any other contract, and they have important legal terms that protect us from the countless things that could happen and that clarify the legal relationship between us and you.

8.1 Binding Agreement

You agree that by registering, accessing, or using our Services, you are agreeing to enter into a legally binding contract with CharCharChar. If you do not agree to these Terms, do not register, access, or otherwise use any of our Services.

If you are an author accepting these Terms and using our Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

Any version of these Terms in a language other than English is provided for convenience and you understand and agree that the English language will control if there is any conflict.

These Terms (including any agreements and policies linked from these Terms) constitute the entire agreement between you and us (which include, if you are an author, the Author Terms.

If any part of these Terms is found to be invalid or unenforceable by applicable law, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms will continue in effect.

Even if we are delayed in exercising our rights or fail to exercise a right in one case, it doesn’t mean we waive our rights under these Terms, and we may decide to enforce them in the future. If we decide to waive any of our rights in a particular instance, it doesn’t mean we waive our rights generally or in the future.

The following sections shall survive the expiration or termination of these Terms: Sections 2 (Content Purchase and Access), 5 (CharCharChar’s Rights to Content You Post), 6 (Using CharCharChar at Your Own Risk), 7 (CharCharChar’s Rights), 9 (Miscellaneous Legal Terms), and 10 (Dispute Resolution).

8.2 Disclaimers

It may happen that our platform is down, either for planned maintenance or because something goes down with the site. It may happen that one of our authors is making misleading statements in their content. It may also happen that we encounter security issues. These are just examples. You accept that you will not have any recourse against us in any of these types of cases where things don’t work out right.

In legal, more complete language,the Services and their content are provided on an “as is” and “as available” basis. We (and our affiliates, suppliers, partners, and agents) make no representations or warranties about the suitability, reliability, availability, timeliness, security, lack of errors, or accuracy of the Services or their content, and expressly disclaim any warranties or conditions (express or implied), including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We (and our affiliates, suppliers, partners, and agents) make no warranty that you will obtain specific results from use of the Services. Your use of the Services (including any content) is entirely at your own risk. Some jurisdictions don’t allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

We may decide to cease making available certain features of the Services at any time and for any reason. Under no circumstances will CharCharChar or its affiliates, suppliers, partners or agents be held liable for any damages due to such interruptions or lack of availability of such features.

We are not responsible for delay or failure of our performance of any of the Services caused by events beyond our reasonable control, like an act of war, hostility, or sabotage; natural disaster; electrical, internet, or telecommunication outage; or government restrictions.

8.3 Limitation of Liability

There are risks inherent to using our Services, for example, if you access health and wellness content like yoga, and you injure yourself. You fully accept these risks and you agree that you will have no recourse to seek damages against even if you suffer loss or damage from using our platform and Services. In legal, more complete language,to the extent permitted by law, we (and our group companies, suppliers, partners, and agents) will not be liable for any indirect, incidental, punitive, or consequential damages (including loss of data, revenue, profits, or business opportunities, or personal injury or death), whether arising in contract, warranty, tort, product liability, or otherwise, and even if we’ve been advised of the possibility of damages in advance. Our liability (and the liability of each of our group companies, suppliers, partners, and agents) to you or any third parties under any circumstance is limited to the greater of one hundred dollars ($100) or the amount you have paid us in the twelve (12) months before the event giving rise to your claims. Some jurisdictions don’t allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above may not apply to you.

In no event will CharCharChar be liable to you or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to the CharCharChar Service and content contained, related products and services. In the matter of or relating to the use of or inability to use the Service, Prezzee’s total liability will not exceed hundred dollars ($100.00).

8.4 Indemnification

In your use of the Service, you agree, at your own expense, to defend, indemnify and hold us, our service providers and consultants from any actual or threatened legal action, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses caused by or arising out of your use of the Service, your violation of these Terms or any content you post, upload or transmit through the Service.

If you behave in a way that gets us in legal trouble, we may exercise legal recourse against you. You agree to indemnify, defend (if we so request), and hold harmless CharCharChar, our group companies, and their officers, directors, suppliers, partners, and agents from an against any third-party claims, demands, losses, damages, or expenses (including reasonable attorney fees) arising from (a) the content you post or submit, (b) your use of the Services (c) your violation of these Terms, or (d) your violation of any rights of a third party. Your indemnification obligation will survive the termination of these Terms and your use of the Services.

8.5 Governing Law and Jurisdiction

When these Terms mention “CharCharChar,” they’re referring to the CharCharChar entity that you’re contracting with. CharCharChar is based in Australia and our Service is subject to Australian legislation. We make no warranties that the Service is appropriate or available for use in other locations. Should you choose to access or use the Service from locations outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations or other applicable terms or policies of CharCharChar as made available from time to time.

Laws of the state of New South Wales and Australia govern your use of the Service. You agree that any legal action arising out of or relating to the Services or the Terms will be filed only in the State and Federal courts located in Sydney, New South Wales, Australia, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts regarding any legal proceeding arising out of the Service.

If you’re a student located in Australia or a geographical region other than Australia, or if you’re accessing our Services as an author, you’re contracting with CharCharChar.com and these Terms are governed by the laws of the State of New South Wales, Australia without reference to its choice or conflicts of law principles. In cases where the “Dispute Resolution” section below doesn’t apply to you, you consent to the exclusive jurisdiction and venue of federal and state courts in Sydney, NSW, Australia.

8.6 Legal Actions and Notices

No action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued, except where this limitation cannot be imposed by law.

Any notice or other communication to be given hereunder will be in writing and given by registered or certified mail return receipt requested, or email (by us to the email associated with your account or by you to legal@CharCharChar.com).

8.7 Relationship Between Us

You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.

8.8 Assignment

You may not assign or transfer these Terms (or the rights and licenses granted under them). For example, if you registered an account as an employee of a company, your account cannot be transferred to another employee. We may assign these Terms (or the rights and licenses granted under them) to another company or person without restriction. Nothing in these Terms confers any right, benefit, or remedy on any third-party person or entity. You agree that your account is non-transferable and that all rights to your account and other rights under these Terms terminate upon your death.

CharCharChar can assign these Terms and its rights or delegate its obligations without your consent. All provisions contained in these Terms shall extend to and be binding upon you and Prezzee’s successors and assignees. You may not assign these Terms to another person or entity.

8.9 Sanctions and Export Laws

You warrant that you (as an individual or as a representative of any entity on whose behalf you use the Services) aren’t located in, or a resident of, any country that is subject to applicable Australian Government trade sanctions or embargoes or that has been designated by the Australian Government as a “terrorist supporting” country. You also warrant that you aren’t a person or entity who is named on any Australian Government list of prohibited or restricted parties or specially designated national or denied-party list.

If you become subject to such a restriction during the term of any agreement with CharCharChar, you will notify us within 24 hours, and we will have the right to terminate any further obligations to you, effective immediately and with no further liability to you (but without prejudice to your outstanding obligations to CharCharChar).

You may not access, use, export, re-export, divert, transfer or disclose any portion of the Services or any related technical information or materials, directly or indirectly, in violation of any Australia and other applicable country export control and trade sanctions laws, rules and regulations. You agree not to upload any content or technology (including information on encryption) whose export is specifically controlled under such laws.

9. Dispute Resolution

If there’s a dispute, our Support Team is happy to help resolve the issue. If that doesn’t work and you live in Australia, your options are to go to small claims court or bring a claim in binding arbitration; you may not bring that claim in another court or participate in a non-individual class action claim against us.

This Dispute Resolution section applies only if you live in Australia.Most disputes can be resolved, so before bringing a formal legal case, please first try contacting our Support Team. In such cases of dispute, we are more than happy to agree upon an amicable way to resolve the dispute.

If you live in the United States or Canada, by agreeing to these Terms, you agree to resolve disputes with CharCharChar through binding arbitration (with very limited exceptions, not in court), and you waive certain rights to participate in class actions, as detailed in the Dispute Resolution section.

9.1 Small Claims

Either of us can bring a claim in small claims court in (a) Sydney, New South Wales, Australia (b) another place we both agree on, as long as it qualifies to be brought in that court.

9.2 Going to Arbitration

If we can’t resolve our dispute amicably, you and CharCharChar agree to resolve any claims related to these Terms (or our other legal terms) through final and binding arbitration, regardless of the type of claim or legal theory. If one of us brings a claim in court that should be arbitrated and the other party refuses to arbitrate it, the other party can ask a court to force us both to go to arbitration (compel arbitration). Either of us can also ask a court to halt a court proceeding while an arbitration proceeding is ongoing.

9.3 The Arbitration Process

Any disputes that involve a claim of less than$10,000 AUD must be resolved exclusively through binding non-appearance-based arbitration. A party electing arbitration must initiate proceedings by filing an arbitration demand with theAmerican Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. You and we agree that the following rules will apply to the proceedings: (a) the arbitration will be conducted by telephone, online, or based solely on written submissions (at the choice of the party seeking relief); (b) the arbitration must not involve any personal appearance by the parties or witnesses (unless we and you agree otherwise); and (c) any judgment on the arbitrator’s rendered award may be entered in any court with competent jurisdiction. Disputes that involve a claim of more than $10,000 AUD must be resolved per the AAA’s rules about whether the arbitration hearing has to be in-person.

9.4 No Class Actions

We both agree that we can each only bring claims against the other on an individual basis. This means: (a) neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action; (b) an arbitrator can’t combine multiple people’s claims into a single case (or preside over any consolidated, class, or representative action); and (c) an arbitrator’s decision or award in one person’s case can only impact that user, not other users, and can’t be used to decide other users’ disputes. If a court decides that this “No class actions” clause isn’t enforceable or valid, then this “Dispute Resolution” section will be null and void, but the rest of the Terms will still apply.

9.5 Changes

Notwithstanding the “Updating these Terms” section below, if CharCharChar changes this "Dispute Resolution" section after the date you last indicated acceptance to these Terms, you may reject any such change by providing CharCharChar written notice of such rejection by by email from the email address associated with your Account to legal@CharCharChar.com, within 30 days of the date such change became effective, as indicated by the "last updated on" language above. To be effective, the notice must include your full name and clearly indicate your intent to reject changes to this "Dispute Resolution" section. By rejecting changes, you are agreeing that you will arbitrate any dispute between you and CharCharChar in accordance with the provisions of this "Dispute Resolution" section as of the date you last indicated acceptance to these Terms.

10. Updating These Terms

From time to time, we may update these Terms to clarify our practices or to reflect new or different practices (such as when we add new features), and CharCharChar reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we will notify you using prominent means, such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications will become effective on the day they are posted unless stated otherwise.

Your continued use of our Services after changes become effective shall mean that you accept those changes. Any revised Terms shall supersede all previous Terms.

11. How to Contact Us

The best way to get in touch with us is to contact our Support Team. We’d love to hear your questions, concerns, and feedback about our Services.

Thanks for authoring, teaching and learning with us!