Terms and Conditions of Use
(as of 1st December 2020)
The terms "we," "us," "our," refer to the Company and its affiliates (“Affiliates”). An Affiliate shall mean any entity which controls, is controlled by, or is under common control of the Company. For purposes of this definition, “control” of an entity means having (i) direct or indirect ownership of more than fifty percent (50%) of the voting equity or beneficial interest of such entity, (ii) the right to vote for or appoint a majority of the board of directors or other governing body of such entity, or (iii) management or operational control of such entity.
Additional Terms & Policies
Account & User Details
Teacher Accounts. Only teachers or school administrators may create a class on the Platform. Once a class is created, teachers or school administrators may authorize student participants, additional faculty and parents and other family members with appropriate permissions to upload, view, comment on, and share work. When you create a class on the Platform, you agree that (1) any students you add to your class are current students in your class; (2) any additional teachers you add to your class are authorized by your school to access student entries, journals, activities and materials; (3) you will use the Platform only for lawful purposes and abide by applicable law and school policies in your use of the Platform; (4) you will treat the Platform as an extension of the physical classroom and take reasonable steps to confirm that students are using the Platform appropriately; (5) you will take reasonable measures to protect access to information contained in student entries, journals, activities and materials; and (6) you will only invite parents, guardians, and other trusted adults to view student entries, journals, activities and materials.
We recommend users to inform us immediately in order to help them take the appropriate remedies and mitigate damage in the event of unauthorized usage of their accounts.
Student Accounts, Child Account & Age-Related Restrictions
The parents and guardians of users aged 13 to 17 can access the personal data of their child/ward and/or request that it be deleted. They may also view the student entries, journals, activities and materials of their child/ward only when access is granted by the teacher(s). If parents/guardians find any unsuitable usage by your child/ward and wish to request termination of the account; or wish to access the personal data of their child/ward and/or request that it be deleted, you can email us at [email@example.com] to request for the same.
User Verification & Checks
In accordance with applicable law, users and/or their customers may be subject to certain vetting methods in connection with their use of the Services, including without limitation, a verification of identity and, with respect to companies, criminal background checks. You hereby give your consent for us to perform such verification and background checks in the manner and frequency as we deem reasonably necessary so long as such is performed in compliance with applicable law. Furthermore, any illegal activities will render your privacy protections invalid and we will submit to the relevant authorities such information required by them for compliance with applicable law.
Even though we may use such vetting methods, we cannot unequivocally confirm the identity of each user. As such, we do not assume any liability for the accuracy or reliability of such vetting methods or any information provided through the Services.
Access Rights & Usage Restrictions
Provision Against Prohibited Activities
You agree not to use the Platform or Services other than for its intended purposes. Specifically, you agree not to (i) violate or infringe upon the rights of others in any way, including without limitation rights of privacy, publicity and intellectual property, (ii) violate or facilitate the violation of any law, regulation or ordinance or to encourage others to violate any of the same, (iii) send unsolicited communications of any type or nature, including without limitation to contact users or others for employment, contracting or any purpose not related to the use of the Services as set forth herein, (iv) transmit, relay, or otherwise communicate vulgar, unlawful, obscene, profane, tortious, hateful, libellous, indecent or otherwise offensive or objectionable materials or information, (v) falsify your identity or impersonate another person; or (vi) engage in conduct that limits the use and enjoyment of the Services, or any part thereof, by other users in any way, in each case as determined by us in our sole and absolute discretion.
In addition, you agree not to (1) reverse engineer, disassemble, alter, decompile, duplicate, create derivative works from, make copies of, extract information from, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform or Services, in whole or in part, except as expressly permitted by us; (2) post any software, links or content that directly or indirectly contains viruses, corrupted files or any other similar mechanism that may adversely affect the operation of the Platform or its Services; (3) connect, use, attempt to connect or use in any way the Services, for purposes other than the intended purposes as offered on the Platform; (4) link to, mirror or frame any portion of the Platform except as expressly permitted by us; (5) incorporate, integrate or otherwise include any portion of the Services that is comprised of software into any software, program or product that communicates, accesses, or otherwise connects with the Services; (6) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Platform or Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Platform or Services; (7) attempt to gain unauthorized access to or impair any aspect of the Platform or Services or its related systems or networks; or (8) remove any copyright, trademark or other proprietary notices from any portion of the Platform or Services. Finally, you may not authorize or assist any third party to do any of the things described in this section.
Termination/Suspension of Usage Rights
We may terminate this Agreement or terminate or suspend your access to the Platform at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Platform and its Services will immediately cease.
Upon termination of your subscription or account with us, no refund of any subscription fees will be provided. When you terminate your premium membership or subscription at any point during our monthly or annual cycle, your premium membership remains active until the end of the billing period. Thereafter, your account will be converted to an ordinary subscription plan automatically.
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content and materials such as videos, photos, worksheets, teaching or learning materials, comments etc. (“User Content”).
You acknowledge and agree that you are solely responsible for all User Content that you make available on or through the Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Platform will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that we may proofread, summarize or otherwise edit and/or withdraw Content provided by you, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited Content is accurate and consistent with your representations and warranties in these Terms.
The following types of content are not allowed on our Platform:
Content that is unlawful, threatening, abusive, libelous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party; and
Content that contains any viruses and/or other code that has contaminating or destructive elements. We reserve the right to define the above guidelines and add more restrictions. Users are encouraged to use their common sense and discretion while following the above guidelines. We also hold no responsibility for user actions or content and hold the right to remove any content which violates our guidelines.
Third Party Services
Our Services may contain links to participating third-party web sites or services that are not owned or controlled by us such as Amazon AWS Cloud services, Amazon Chime, MongoDB Atlas services, Stripe Payment services, Mandrill, Google Firebase etc.. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any participating third-party web sites or 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 use of or reliance on any such content, goods or services available on or through any such web sites or services.
You are responsible for deciding if you wish to access the websites of such participating third parties by clicking on a link or installing an application. The inclusion of any link or application on the Platform does not imply that we endorse the linked site or application. Your use of the links and access to the websites of such participating third-parties shall be at your own risk and you agree that your use of an application or third-party website via the Platform is on an “as is” and “as available” basis without any warranty for any purpose.
Additional terms and conditions of participating third-party service providers may apply to your transactions. Please read these additional terms and conditions carefully. You acknowledge and accept that a participating third-party service provider may change, modify or discontinue, temporarily or permanently, any services provided to you without notice to you and we shall not be liable or responsible for such change, modification, suspension and/or discontinuance of services.
We reserve the right, but do not have the obligation, to monitor or take any action we deem appropriate regarding disputes between you and any participating service providers. We urge parties to cooperate with each other to promptly resolve any such disputes. Should we be forced to step in, all parties agree to accept our decision as final and binding.
PROVISION AGAINST WARRANTY
The Services and Platform are provided “as is,” “with all faults” and “as available,” and the entire risk as to satisfactory quality, performance, accuracy, security, and effort lies with you. To the maximum extent permitted by applicable law, we make no representations, warranties or conditions, express or implied. We disclaim any and all warranties or conditions, express, statutory and implied, including without limitation (i) warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title and non-infringement, (ii) warranties or conditions arising through course of dealing or usage of trade, and (iii) warranties or conditions that access to or use of the Platform and/or the Services will be uninterrupted or error-free.
We do not warrant that the Platform or Services will operate error-free or that the Platform or its server are free of computer viruses or other harmful mechanisms. You understand and agree that you download or otherwise obtain material or data through the use of the Platform or Services at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material or data. If your use of the Platform or the Services results in the need for servicing or replacement of equipment or data, we are not responsible for those costs.
We cannot and do not warrant that your materials, including any personal or financial information, supplied by you will not be intercepted, deleted, misappropriated or used by others.
We do not recommend or endorse any particular service provider. You acknowledge that we have no control over the processes and decisions of third-party service providers and cannot be responsible for their decisions or for any other matters beyond our reasonable control. For the avoidance of doubt, in no event will we be liable for the online or offline conduct of a user and you hereby release us from any liability relating to such. If a dispute arises between you and one or more participating service providers or users, you shall release us from any and all claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
LIABILITY LIMITATION & REMEDY
In the interest of resolving all legal claims expeditiously, you hereby agree that all legal claims must be filed within six (6) months after the cause of action has occurred failing which the claims shall be deemed to be extinguished and we shall not be held liable.
Ownership, Use and Intellectual Property Rights
As part of your subscription or membership plan, we may provide you access to certain materials such as images, interactive lessons, work sheets, lesson books, videos, background images, scientific images etc. (“Proprietary Content”) for the uses specific to your subscription or membership plan.
The Platform, the Services and the Proprietary Content and all intellectual property rights contained therein are owned by us, our licensors or both (as applicable). Intellectual property rights include rights such as: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We and/or our licensors reserve all of our and their rights in any intellectual property in connection with the Platform and the Services. You acknowledge such ownership of the intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with our and our licensors' ownership the intellectual property rights to the Platform and the Services.
The Platform and the Services are directed to residents of the Republic of Singapore and certain countries where the Platform is made available. Those who choose to access the Platform or use the Services from outside of these territories do so at their own risk and may be subject to securities and tax regulations within their applicable jurisdictions that are not addressed on this Platform. You agree to comply with all local rules regarding online conduct, including all laws, rules, codes and regulations of the country in which you reside and the country from which you access the Platform. In addition, you agree to comply with all applicable laws, rules, codes and regulations regarding the transmission of technical data exported from Singapore.
The very nature of the Services provides communications between you and us by any electronic means (e.g., via the Platform, email, text message). For purposes of forming a legally binding agreement, you consent to receive communications from us in electronic form and agree that all terms and conditions, agreement, notices, disclosures and other communications that we provide to you electronically satisfy any applicable legal requirements, including that these be made in writing. You acknowledge that there is inherent risk in use of the Internet and that information transmitted through the Internet in general is not confidential. We cannot and do not guarantee the privacy or protection of any electronic communications through the Internet.
Waiver & Severability
Events Beyond Our Control
Rights of Third Parties
Governing Law and Dispute Resolution