User Agreement

Welcome to EdFolio Inc. (referred to in this policy as “EdFolio”, “us”, “we”, or “our”). EdFolio has adopted the following Terms and Agreement which govern your relationship with EdFolio and provide important information about your legal rights (“Terms”). Please read these terms and agreement of use carefully before using or obtaining materials, informations, product or services. By accessing our website, you agree to be bound by these terms and our Privacy Policy.

The EdFolio eCommerce site offers an open platform for educators and creators to discover, buy, sell, and share original content for teaching and learning, and educational supplies (“Content”). Content may include electronically delivered files, digital products, streaming video, physical or used goods, printed materials, and other product types. EdFolio reserves the right to modify, add, discontinue support for, or limit the availability of any product type. A Content, together with the Content title, description, and other listing details make up a “Content Listing.” EdFolio at no time owns or sells Content for or on behalf of our Sellers.

Users of the EdFolio eCommerce site include members who have registered for an EdFolio account (“Account”) (“Members”) and visitors who browse the marketplace without registering for an Account (“Visitors”). (Visitors and Members together are our “Users”.)

By using our Services as a Visitor, Member, or in any other manner, you agree to follow these Terms, including the terms of our Privacy Policy, Community Guidelines, Seller Fees and Payout Rates Policy, and any other terms or policies which are incorporated as part of these Terms.

1. Membership

   This section provides information on who’s eligible to Sign Up. How to create an account, and the types of accounts we offer.

   1. ELIGIBILITY

      To make use of various aspects of our Services, you’ll be asked to Sign Up as a User. Only individuals who are 18 years of age or older are eligible to become Users. By registering for an Account or using our Services, you represent and warrant that you are at least 18 years old.

      When you create an Account, the information you provide needs to be true and accurate. Don’t provide fake or false information, don’t provide any information that infringes violates someone else’s rights, and don’t impersonate someone else.

      We may ask for proof of your age or identity at any time in order to verify your Account and we may terminate or suspend access to your Account if you violate this rule or if we are unable to verify your age or identity.

      If you’re a school, organization, government, business, or other entity, the person whose email address is associated with the Account must have the authority to bind the entity to this Agreement.

      If your Account has been closed by EdFolio, you are no longer eligible to be a an account User of our community.

   2. LOGIN CREDENTIALS

      Your email will be your username. It has to be unique and can’t be inappropriate, offensive, or something that violates the rights of someone else.

      You’ll also be asked to create a password to protect your Account. Together, this information is used to access your Account. It’s your responsibility to keep your login information confidential, every activity that occurs under your Account is your responsibility whether or not you authorized it. If you believe that your Account has been accessed by an unauthorized person, please contact our Customer Relations team as quickly as possible at support@edfolio.co so we can help.

   3. ACCOUNT TYPES

      User. You can join EdFolio as a User to use our Services for purchasing and downloading Resources (“User”, “User Account”). A User Account is owned by the individual whose name and email address are listed on the Account profile. As a User, you’ll be able to make purchases, download purchased Resources, post feedback, questions, comments, and enjoy other features and services we may offer.

      Sellers. You can enjoy additional functions that enable that we enable you to offer and sell Resources through our Services as a Seller (“Seller”, “Seller Account”). Sellers include individuals offering their own authored works (“Teacher-Authors”) and organizations or entities offering materials produced by a group of one or more a group of employees or commissioned authors (“Publishers”). EdFolio reserves the right to modify your Seller Account type at any time at our discretion.

      Seller Accounts have all the same features as User Accounts plus the ability to upload and sell Resources, access sales data, purchase promotional space, and access marketing features and tools.

   4. ACCOUNT FEES

      Users. Joining as a User is free. Users may upgrade to a Seller Account at any time and for no charge.

      Purchases, taxes, and fees. You are responsible for paying any amounts due, including any applicable taxes, when you make purchases on EdFolio. When you purchase on EdFolio, you will be charged in PHP or USD of the list price for each item as well as applicable sales tax, and any fees associated with your order. By placing an order, you represent and warrant that the billing information you’ve provided is accurate. EdFolio is not liable for any information given by our Sellers.

   5. RELATIONSHIP

      These Terms are the entire agreement between you and EdFolio, and they govern your relationship with EdFolio. Becoming a User of our Services does not create any agency, employment, or partnership relationship between you and EdFolio. EdFolio is not the employer of and does not act as an agent for any Users.

   6. ACCOUNT CLOSURE

      Closure by EdFolio. We may, in our discretion, close or suspend the Account of any Member at any time for any reason, with or without prior notification notice.

      Closure by You. You have the right to close your EdFolio account at any time, without notice to us. You can close your Account by contacting us for assistance at support@edfolio.co.

      Effect of Account Closure. After your account is closed, you’ll no longer have access to your Account information, past purchases, uploaded Resources, and many of the features of our Services that require an Account.

      Communications you’ve posted on the EdFolio site will not be removed if your Account is closed. You may be able to remove or edit some Communications at your discretion before you deactivate close your account. For more information about your Account information and our data retention practices, take a look at our Privacy Policy here.

      Discontinue Services. We may change, suspend, or discontinue offering our Services at any time. Any suspension or discontinuation in our Services may mean that your Account, including any Content or other materials you may have purchased from our Services, and any Content or Communications (collectively “Content “) you may have uploaded to our Services, may not be available to you or to other Users. We are not liable to you for any impact a change, suspension, or discontinuation of our Services may have including the loss of access to any Content that you’ve purchased, or loss of income from your temporary or permanent inability to sell Content through our Services.

2. EdFolio Community

   EdFolio want to maintain a safe, supportive, collaborative community for educators to share and find new better ways to teach. This section outlines the rules you need to follow when using EdFolio whether you’re buying, selling, or just browsing.

   1. COMMUNITY GUIDELINES

      As a User of our Services, you are required to follow our Community Guidelines which are incorporated as part of these Terms. We may modify or add to these rules at our discretion. If you violate any of these rules, we may take action against your Account, such as removing Content you’ve posted, removing Content from your Account, suspending or terminating your Account, removing Content from your Buyer, issuing a refund to your Buyer, or any additional action that we deem necessary.

   2. COMMENTS, RATINGS & REVIEWS

      You may have the option to provide a review of a Content you’ve purchased by providing a rating and a comment (“Feedback”). Any Feedback you choose to leave should reflect your honest experience using the Resource for its intended purpose and must adhere comply with our Comments and Ratings Guidelines. We may, at any time, set additional requirements or limitations for leaving Feedback such as a minimum or maximum characters, time-based restrictions, or other preconditions requirements. Sellers are not permitted to leave feedback on their own Resources or otherwise attempt to undermine the integrity of our Feedback system. We may remove Feedback for any reason, at any time, without notice and we may ban a Member from leaving future Feedback.

   3. MONITORING CONTENT

      EdFolio has the right, but not the obligation, to monitor any activity and Content associated with our Services. We may investigate any complaints or reported violations of our policies and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of your Account, denying access, and/or removal of any Content on the site, including Content Listings.

3. Intellectual Property

   This section describes what content on the site belongs to us and is protected as our intellectual property.

   1. THE SERVICES AND THE SITE CONTENT

      Aside from Content uploaded or posted by Account Users, all other aspects of the Site you find on our Services are owned and controlled by us. This includes, but is not limited to, all text, graphics, photographs, logos, and other imagery, videos, user interfaces, trademarks, computer code, and other content of our Site (collectively, “Site Assets”). This also includes the design, structure, coordination, arrangement, expression, and the “look and feel” of Site Assets. Site Assets are protected by copyright, trademarks, trade dress, trade secret, and other intellectual property rights.

      You may not use, reproduce, copy, modify, republish, perform, display, disassemble, reverse engineer, translate, or distribute Site Assets in any way to any person, computer, server, website, or other entity for any commercial purpose without our explicit permission. By commercial purpose we mean that you can’t sell and use in your own business or website, incorporate into marketing materials or presentations, or make other commercial use of our Site Assets.

   2. REPORTING INTELLECTUAL PROPERTY VIOLATIONS

      We respect the intellectual property rights of others and expect the same from all of our Account Users. No Users may post any material, information, communication, data, or anything else that infringes on the copyrights, trademarks, or patent rights of someone else.

4. Payment

   This section provides information on making payments and our refund policy.

   1. PURCHASING TERMS & REFUNDS

      Refund. When you make a purchase on EdFolio, you agree to our Refund Policy. Unless otherwise specified Except as provided in our Refund Policy, all sales are considered final and nonrefundable once an order is submitted. We may, in our sole discretion, modify our Refund Policy or, on a case-by-case basis, issue a refund for a reason that falls outside of our Refund Policy.

      Refund Policy. For things beyond our control and did not go according to plan. We may offer refunds on limited circumstances. Refund requests must be sent within one month of purchase and will be granted on a case-to-case basis:

      1. Duplicate Purchase. When you purchased the same file twice.

      2. Compromised Content File. When a file is damaged and is not viewable in one way or another.

      3. Misrepresentation. When the content preview or description is misleading and is not actually what is contained in the content file.

         If the content your purchased falls into one of the cases mentioned above, you can submit your refund request to support@edfolio.co.

      Payment methods and currency. We may offer a variety of payment methods to pay for purchases, such as a credit and debit card, Pay maya, and Gcash Account. We charge payments in Philippine Peso (PHP). Payments made in cash will not be accepted. We may change or add to our accepted payment methods at any time and we are not obligated to accept payment by any means other than those accepted at the time of your purchase.

      Promise to pay. When you buy something on EdFolio (including Content, promotional, marketing, and other products or services we may offer), you represent and warrant that you’re authorized to make the purchase and to use the payment method and billing information you’ve provided. You further agree that EdFolio may charge your payment method the amount due, which will be in PHP. We are not responsible for any additional fees you may be charged by your financial institution such as international transaction fees or overdraft fees.

      Failure to pay and payment disputes. Late fees may be imposed if you do not pay when you are supposed to, Failure to pay as promised may result in late fees being charged, Resources being removed from your Account, Account suspension or closure, or any other action we deem necessary. If we receive notice that you’ve disputed a charge related to a purchase made from your EdFolio Account, we may, at our discretion, offer proof to challenge the dispute. Pending resolution of the dispute, we may remove the purchased Resources from your Account temporarily, or, if a refund is ultimately issued, permanently. At ourIn our discretion, we may take further measures action against your Account.

5. Your Privacy

   This section describes how we secure protect your personal information and how you can report a privacy breach violation of your privacy.

   1. OUR PRIVACY POLICY

      The privacy and security of your data and the personally identifiable information you give us is important to us.

      Our Privacy Policy explains the data we collect from you and how we use it. By using EdFolio, you consent agree that we may use such data in accordance with our privacy policies.

   2. POSTED CONTENT

      We don’t control and aren’t responsible for the Content posted by our Users, including any disclosures of personal information by our Users. However, we value our Users' observance of others' privacy rights. However, it’s important to us that our Users respect the privacy rights of others. If you believe that Content on our Services violates, reach out to us your personal privacy rights, contact us at itadmin@edfolio.co.

6. Indemnity

   This section describes what happens if EdFolio gets sued because of something you did. We hope that never happens, but if it does you agree to indemnify or defend EdFolio against liability for your actions.

   You agree to indemnify, defend, and hold harmless EdFolio , its employees, officers, directors, agents, and affiliates from and against all costs, expenses, damages, judgments, and liabilities (including reasonable attorneys’ fees) resulting from allegations, threats, claims, suits, or other proceedings brought by third parties related to your use or misuse of our Services, including but not limited to any breach of these Terms, violation of any federal, state, or local law, and infringement of someone else’s intellectual property, privacy, publicity, or other rights.

7. Limitation of Liability & Warranty Disclaimer

   We really want to give you the best that we can offer but we’re not able to guarantee that things will always work perfectly or that the site will always be available. EdFolio is offered without any guarantees.

   Our Services. We work hard to ensure that our Services are always available and working properly, but disruptions do occur from time to time and we can’t guarantee that any or all features will always work, or that our Services will be continuously available.

   Edfolio is constantly working to improve our Services for all of our Account holders. We may update or change available functionality at any time. We make no guarantees to Users that they will find any Content Listing offered through our Services.

   YOU AGREE THAT THE SERVICES ARE PROVIDED ON AN “PER AVAILABILITY” BASIS. EDFOLIO (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) DISCLAIMS ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO YOUR USE OF THE SERVICES. WE MAKE NO GUARANTEES RESPECTING THE AVAILABILITY OF THE SERVICES, THE SECURITY OF THE SERVICES AT ANY PARTICULAR TIME OR FROM ANY PARTICULAR LOCATION, THE CORRECTION OF ANY DEFECTS OR ERRORS, THE EXISTENCE OF ANY VIRUSES OR OTHER HARMFUL MATERIALS, OR ANY OTHER GUARANTEES.

   YOU AGREE THAT EDFOLIO (INCLUDING ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, AND AFFILIATES) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) THE ACCESS TO, USE, OR THE INABILITY TO ACCESS OR USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.

   EDFOLIO’S LIABILITY TO YOU OR ANY THIRD PARTY SHALL BE LIMITED TO (A) THE TOTAL AMOUNTS PAID BY EDFOLIO DURING THE TWELVE (12) MONTHS PRIOR TO THE CLAIM OR ACTION ALLEGEDLY GIVING RISE TO SUCH LIABILITY, OR (B) TWO THOUSAND PESOS (PHP 2,000), WHICHEVER IS THE LESSER AMOUNT.

   Content. The Content and Communications on our Services are uploaded or posted by our Account Users. EdFolio does not produce, approve, post, or upload Content or Communications. The Content you see on our site and any views, opinions, or assertions presented are those of the Users who posted the Content and do not reflect the opinions, or the official policy or position of the Company. EdFolio makes no representations or warranties as to the quality, accuracy, effectiveness, legality, appropriateness, or other aspects of any Content.

   Interactions with other Users. You may have the ability to converse communicate, interact, or otherwise connect with other Users through our Reviews section. It’s your responsibility to take precautions when sharing any information about yourself with another User or anyone else, and you release EdFolio from any liability that may arise out of your interactions with another User of our Service.

   Third Party Content. As you use our Services, there may be links, ads, or other ways for you to visit other websites not owned or controlled by EdFolio. When you access third-party third party websites, you do so at your own risk. EdFolio cannot and does not make any representations or warranties about other websites or services.

   Third Party Services. The Services may permit you to link to other websites, or use other services or resources on the Internet in conjunction with our Service (“Third Party Services”), and Third-PartyServices may contain links to the Services. When you access Third Party Services, you do so at your own risk. Third Party Services are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third Party Services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such Third Party Service.

8. Changes to these terms

   We may make modifications to these Terms from time to time. Whenever the changes we’re making are material to you, we’ll attempt to notify you before those changes go into effect so that you can decide whether or not to continue using our Services. To notify you, we may send a message to the email address we have for your Account, we may post notifications around our Services, or we may use other means to reach you.

   This includes periodic changes to our Privacy Policy, Copyright & Trademark Policy, Community Guidelines, Seller Fees and Payout Rates Policy, and any other policies which are incorporated as part of these Terms.

   The notice will include the date on which the changes will be effective. By continuing to use our Services after the changes take effect, you are indicating that you agree to the changes.

9. Other Terms

   In this section, you’ll find additional rules for using EdFolio such as what happens if there is a dispute between you and EdFolio, and certain modifications for government Users.

   1. DISPUTES WITH EDFOLIO

      In the case of a dispute between you and EdFolio arising out of these Terms or your use of our Services, the following rules will apply.

      Governing Law. These Terms are governed by the laws of the Republic of the Philippines without regard to principles of conflict of law, and regardless of where you are located in the world.

      Venue. EdFolio is located in Iligan City, Philippines. Any dispute will take place in Iligan City, Philippines. For any other judicial action that may arise between you and EdFolio, both you and EdFolio agree to submit to the venue and personal jurisdiction of the local courts located in Iligan City, Philippines.

   2. NO WAIVER

      Any failure by EdFolio to enforce any right or provision of these Terms does not constitute a waiver of that right or provision and will not limit our right to act or enforce these Terms against subsequent or similar breaches.

   3. SEVERABILITY

      If any part of these Terms is deemed invalid, unenforceable, or illegal, that part which is unenforceable is severed from the Terms, and will have no impact on the enforceability of the remainder of these Terms.

10. Survival of Terms

    Some parts of this agreement stay in effect even if you decide to stop using EdFolio or if EdFolio closes your account.

    The following provisions survive if you cease using our Services or your Account is closed by you or by EdFolio for any reason:

    1. Visitors. If you continue to access our Services as a Visitor, any Terms that apply to Visitors still apply to you.

    2. Intellectual Property Rights. You still have to respect our intellectual property rights.

    3. Rules for Purchasing and Downloading Resources. After your Account is closed, you have to follow the licensing rules about how you can use the Content you’ve purchased or downloaded and who you can share them with, our Refund Policy, and our Payment Disputes policy.

    4. Privacy Policy. The terms of our Privacy Policy continue to apply, including data we collect from Visitors if you continue to visit our Site, how we treat and use your Account information after your Account is closed, and how you can report Content that you believe violates your privacy rights.

    5. Disputes with EdFolio. Any legal action that might arise between you and EdFolio related to your use of EdFolio is governed by the provisions of Section VI.

    6. Warranty Disclaimer, Limitation of Liability, and Indemnity (Section 6 and Section 7). EdFolio’s warranty disclaimer remains in effect, you can’t hold EdFolio liable for losses or damages due to your use of EdFolio, and you still have to defend EdFolio against legal action arising from your use of the Services.

11. How to Contact Us

    You can reach us by emailing support@edfolio.co.