MARCOPOLO LEARNING, INC.

GIFT CARD TERMS OF SERVICE

Last Modified on: 20 December 2019


Welcome to MarcoPolo World School

1. What these terms apply to

1.1 MarcoPolo operates a service that allows your children to access educational and entertaining videos, games and other content and for you to track your children's progress and use of this content, which we make available through the World School mobile application (the "App") and our website at www.marcopololearning.com (the "World School Service").

1.2 This document and any documents referred to within it (the "Gift Card Terms") sets out the terms on which you may purchase electronic gift cards that we may offer for sale ("Gift Cards"), which can be redeemed against subscription fees payable to us in respect of access to and use of the World School Service, as set out in our terms of service ( https://www.marcopololearning.com/terms.html) (the "Fees").

1.3 It is important that you read and understand these Gift Card Terms before buying Gift Cards. By submitting an order to purchase a Gift Card, you agree to these Gift Card Terms. If you do not agree to these Gift Card Terms, please do not order any Gift Cards.

2. Information about us

2.1 If you are in the United States, Gift Cards will be sold to you by MarcoPolo Learning, Inc is a company registered in New York, with its registered address at 524 Broadway, 11th Floor, New York NY 10012, United States.

2.2 If you are outside the United States, Gift Cards will be sold to you by MarcoPolo Learning Ltd, a company registered in England with its registered address at 2 Eastbourne Terrace, London W2 6LG.

2.3 MarcoPolo Learning, Inc or MarcoPolo Learning Ltd (as applicable) is referred to in these Gift Card Terms as "MarcoPolo", "we" or "us".

3. Information about you

Your privacy is important to us. You should read our Privacy Policy (http://marcopololearning.com/worldschool/privacy) to understand how we collect, use and share information about you.

4. Eligibility

4.1 You must be 18 years or older and capable in your country of residence of entering into a legally binding agreement to purchase a Gift Card.

4.2 In order to redeem a Gift Card, the person you send the Gift Card to must:

  1. also be 18 years or older and capable in their country of residence of entering into a legally binding agreement with us to use the World School Service;
  2. not have previously been banned by us from using the World School Service;
  3. sign up to and create an account on the World School Service in accordance with our terms of service (https://www.marcopololearning.com/terms.html).

4.3  You are responsible for ensuring that the person to whom you send the Gift Card is eligible to redeem it in accordance with paragraph 4.2. We will not be responsible to you if you or any other person if the person you send the Gift Card to is unable to redeem a Gift Card because they do not meet the criteria in paragraph 4.2.

5. Buying Gift Cards

5.1  When you place an order to buy a Gift Card, we will ask you to:

  1. submit your email address and valid payment details;
  2. enter the email address of the person to whom you would like to send a Gift Card (the "Recipient"); and
  3. select the value of the Gift Card that you would like to buy.

5.2  You will need to ensure that you provide us with valid, up-to-date and complete payment details (such as credit or debit card details or Paypal account) when you submit an order for a Gift Card. By submitting your order, you acknowledge that you will be under an obligation to pay us the value of the Gift Card you have selected, and confirm that the payment details you provide are accurate and that you have the right to use the payment method selected.

5.3  All orders for Gift Cards are subject to acceptance by us. We will send you an email to confirm receipt and acceptance of your order, and the contract between you and us for the purchase and issue of the Gift Card will only be made when we send you this confirmation of acceptance.

6. Sending Gift Cards

6.1  Once we have accepted your order, we will provide the Recipient (and you, if you so request) with an electronic Gift Card to the email addresses you provide to us when you submit your order. You should ensure that the Recipient's details you provide us are correct, as we will not be responsible to you if the Recipient does not receive the Gift Card because of any error made by you when submitting their details.

6.2  By submitting your order, you instruct us (subject to our acceptance of your order and successful payment) to send the electronic Gift Card to the Recipient. You must also ensure, and we will ask you to confirm, that you have the Recipient's permission to allow us to email the Gift Card to them on your behalf.

6.3  Please ensure that you keep your Gift Card, or the unique code associated with that Gift Card, safe and secure. We will not reissue Gift Cards or otherwise be responsible to you if you (or the Recipient) lose your Gift Card or the details associated with the Gift Card, or if someone else accesses and uses your Gift Card without your permission.

7. Redeeming Gift Cards

7.1  The Gift Card will include a unique code that can be used through the applicable functionalities of the World School Service to offset the value of the Gift Card against the Fees payable to us.

7.2  Gift Cards can only be redeemed against the Fees, have no cash value and are non-refundable other than as set out in paragraph 8.

8. Cancelling a Gift Card or if you experience problems with a Gift Card

8.1  You can cancel an order for a Gift Card and receive a refund within 14 days of purchase for any reason. You will not, however, be able to cancel your order if the Gift Card has been redeemed within that period.

8.2  If a Gift Card cannot be redeemed against Fees because of a problem with the Gift Card, you can:

  1. cancel your purchase of the Gift Card within 30 days and get an immediate refund; or
  2. ask us to provide you with a replacement Gift Card.

8.3  If you wish to cancel your order and obtain a refund or replacement Gift Card, please contact us at support@marcopololearning.com.

9. Our liability/responsibility to you

9.1  Unfortunately, due to the nature of the Internet and technology, the World School Service and any Gift Cards are provided on an "as available" and "as is" basis. This means that we are unable to promise that the issue, delivery or ability to redeem Gift Cards on the World School Service will be uninterrupted, without delays, error-free or meet your expectations. We do not give any commitment relating to the availability of Gift Cards, the timing of the delivery of any Gift Cards or performance or availability of the World School Service in these Gift Card Terms and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

9.2  In the event of a claim arising in relation to any Gift Cards purchased from us, our responsibility to you will never be more than the value of the Gift Card you have purchased.

9.3  In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

10. Resolving disputes

10.1  If you have a dispute with us relating to a Gift Card, in the first instance please contact us at support@marcopololearning.com and attempt to resolve the dispute with us informally.

10.2 We intend to rely on these Gift Card Terms as setting out the written terms of our agreement with you for the purchase and delivery of Gift Cards. If part of the Gift Card Terms cannot be enforced then the remainder of the Gift Card Terms will still apply to our relationship.

11. Documents that apply to our relationship with you

11.1  The current version of the Gift Card Terms contains the only terms and conditions that apply to our relationship with you.

11.2  We intend to rely on these Gift Card Terms as setting out the written terms of our agreement with you for the purchase and delivery of Gift Cards. If part of the Gift Card Terms cannot be enforced then the remainder of the Gift Card Terms will still apply to our relationship.

11.3  If you do not comply with these Gift Card Terms and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

12. Law

12.1  If you are in the United States, these Gift Card Terms will be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in New York County, New York for any actions.

12.2  If you are not in the United States, English law will apply to all disputes and the interpretation of these Gift Card Terms. The English courts will have non-exclusive jurisdiction over any dispute arising from or related to your purchase or use of Gift Cards. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your purchase or use of Gift Cards heard in the courts of that country.

13. Contact, feedback and complaints

13.1  If you need to contact us in relation to these Gift Card Terms or any other document mentioned in them, please email us at support@marcopololearning.com.

13.2  We value hearing from our users, and are always interested in learning about ways we can improve our services. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.