Terms and Condition | Classmates

Terms & Conditions

Introduction

Welcome, and thank you for your interest in the Company, an organization (“the Company”, “we”, “us” or “our”), which operates the e-learning mobile/Web application [Classmates.app] (“App A”) and related services, including but not limited to [Primary school mathematics content, analytics and practice ], and any other products or services that the Company may provide now or in the future (referred to collectively as the “Services” in this document).

The following Terms of Service are a legal contract between you (“you” and “your”) and the Company regarding your use of the Services. Visitors and users of the Services are referred to individually as “User” and collectively as “Users”.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING APP A AND/OR ANY OTHER SERVICE PROVIDED BY THE COMPANY, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING THE COMPANY’S PRIVACY POLICY AND ADDITIONAL GUIDELINES (COLLECTIVELY, THE “TERMS”).

Your right to use App A and/or the Services is subject to your compliance with all of the terms and conditions set forth herein.

IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO REGISTER WITH THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN RESPECT OF SUCH CHILD’S USE OF THE WEBSITE.

ELIGIBILITY, ACCOUNTS YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THE TERMS IF (A) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH THE COMPANY, OR (B) YOU ARE A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF SINGAPORE OR OTHER COUNTRIES INCLUDING THE COUNTRY IN WHICH YOU ARE RESIDENT OR FROM WHICH YOU USE THE SERVICES.

By clicking the “I Agree” button where this option is made available to you by the Company in the user interface for any Service or by otherwise installing, using or accessing the Services, you hereby agree to the Terms. If you do not agree to these Terms, please do not install, use or otherwise access the Services. You also hereby represent that (i) you are a Singapore resident of at least 13 years of age, or (ii) you are not a Singapore resident, and are of the legal age of consent to open an account under the laws of your country of residence, or (iii) your use of the Services has been approved by your parent or legal guardian or by your school or teacher for school use.

Account. In order to access and/or use certain aspects of the Services, the Company may require you to create a user Account (“Account”) and you may be asked to provide a password in connection with your Account. You acknowledge and agree that you have no ownership or other proprietary interest in such Account. You are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree that the information you provide to the Company, whether at registration or at any other time, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If you have reason to believe that your Account is no longer secure (e.g., in the event of a loss, theft, or unauthorized disclosure or use of your Account ID or password), then you agree to immediately notify the Company at [ [email protected] ] You may be liable for the losses incurred by the Company or others due to any unauthorized use of your Services Account.

You agree to pay all fees or charges incurred by your Account, including applicable taxes at the time that the applicable fee or charge becomes payable. Unless otherwise indicated, all prices are in Singapore dollars (SGD). The Company may, at its sole discretion, add new products and services for additional fees and charges or proactively amend fees and charges for the Services at any time. You represent to the Company that you are an authorized user of the chosen method of payment used to pay any fees or charges you incur plus applicable taxes. You acknowledge and agree that you are fully liable for all fees and charges made through your Account. You acknowledge and agree that there are no refunds for fees and charges made through your Account

Child User. If you are under the age of 13 (a “Child User”), you may not create or register an account for the Services without consent and approval from your legal parent or guardian. If you are under the age of 18, you represent that your parent or legal guardian has reviewed and agreed to the Terms on your behalf. A Child User that begins the registration process for himself/herself without without the consent and approval from your legal parent or guardian may have the registration process restricted until a parent approves or assumes responsibility for the Child User account. A Child User will only be permitted to use the Services for so long as the Company reasonably believes that such access has been consented to by the Child User’s parent or guardian.

Privacy Policy. To provide the Services, the Company needs information about you and/or the user. Your privacy is important to the Company; the Company only uses your information where it has a legal basis to do so. Please refer to the Company’s Privacy Policy, which is incorporated herein, to help you understand what information it collects, how it uses it and what choices you have when you use the Services. The Company’s Privacy Policy is incorporated into the Terms of by reference.

Modifications.

Modification of Terms. Upon opening an Account, you accept the Terms in the form posted on our website or in the Terms & Conditions option in our mobile application, App A. The Company reserves the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check the Terms periodically for changes that are made after you open your Account. Your continued use of the Services after posting of changes constitutes your binding acceptance of such changes. For any material changes to the Terms, the Company will make reasonable effort to provide notice to you of such amended Terms, such as by an email notification to the address associated with your Account or by posting a notice on the Services, and such amended terms will be effective against you on the earlier of (i) your actual notice of such changes and/or (ii) thirty days after the Company makes reasonable attempt to provide you with such notice. However, changes addressing new functions for a service or changes made for legal reasons will be effective immediately. If you do not agree to the modified Terms, you must discontinue your use of the Services. Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose.

Modification of Services. The Company is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the Company reserves the right, at any time, to modify, suspend, or discontinue the Services or any part or parts thereof with or without notice. You agree that the Company will not be liable to you or to any third party for any such modification, suspension or discontinuation. You also acknowledge and agree that if the Company disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

Software Update. The Software which you use may automatically download and install updates from time to time from the Company. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit the Company to deliver these to you) as part of your use of the Services.

Usage of the Services by you.

You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from Singapore or other relevant countries).

You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by the Company, unless you have been specifically allowed to do so in a separate agreement with the Company. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

Unless you have been specifically permitted to do so in a separate agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which the Company may suffer) of any such breach.

Content in the Services

You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”.

You should be aware that Content presented to you as part of the Services are owned by the Company and its content partners. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by the Company or by the owners of that Content, in a separate agreement.

The Company reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, the Company may provide tools to filter out explicit sexual content. These tools include the Safe-Search preference settings. In addition, there are commercially available services and software to limit access to material that you may find objectionable.

You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

You agree that you are solely responsible for (and that the Company has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which the Company may suffer) by doing so.

Other Content.

The Services may include hyperlinks to other web sites or content or resources. The Company may have no control over any web sites or resources which are provided by companies or persons other than the Company.

You acknowledge and agree that the Company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that the Company is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

Intellectual Property. The Services are owned and operated by the Company. The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software services, content, educational videos, assessments and exercises, and all other elements of the Services are protected by Singapore and international copyright, patent, and trademark laws, international conventions, and other applicable laws governing intellectual property and proprietary rights.

You acknowledge and agree that the Company (or the Company’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

You further acknowledge that the Services may contain information which is designated confidential by the Company and that you shall not disclose such information without the Company’s prior written consent.

Unless you have agreed otherwise in writing with the Company, nothing in the Terms gives you a right to use any of the Company’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

If you have been given an explicit right to use any of these brand features in a separate written agreement with the Company, then you agree that your use of such features shall be in compliance with that agreement, any applicable provisions of the Terms, and the Company’s brand feature use guidelines as updated from time to time.

Other than the limited license set forth in Section [9], the Company acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with the Company, you agree that you are responsible for protecting and enforcing those rights and that the Company has no obligation to do so on your behalf.

You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

Unless you have been expressly authorized to do so in writing by the Company, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.

It is the Company’s policy to respond to notices of alleged Intellectual Property infringements that comply with applicable Singaporean and international intellectual property law and to terminate the account of repeat infringers.

License from the Company.

The Company may make available on the Services certain educational videos, exercises, and related supplementary materials that are owned by the Company or its third-party licensors (“Licensed Educational Content”). The Company grants you a non-exclusive, non-transferable right to access and use the Licensed Educational Content as made available on the Services by the Company solely for your personal, non-commercial purposes. Unless expressly indicated on the Services that a particular item of the Licensed Educational Content is made available to Users under alternate license terms, you may not download, distribute, sell, lease, modify or otherwise provide access to the Licensed Educational Content to any third party.

The Company also gives you a personal, worldwide, non-assignable and non-exclusive license to use the software provided to you by the Company as part of the Services as provided to you by the Company (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Company, in the manner permitted by the Terms.

You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by the Company, in writing.

Unless the Company has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.

Content License from you.

You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling the Company to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services.

You agree that this license includes a right for the Company to make such Content available to other companies, organizations or individuals with whom the Company has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.

You understand that the Company, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit the Company to take these actions.

You confirm and warrant to the Company that you have all the rights, power and authority necessary to grant the above license.

Prohibited Conduct.

YOU AGREE NOT TO:

Use the services for any commercial use or purpose unless expressly permitted by the Company in writing, it being understood that the Services and related services are intended for personal, non-commercial use only;

Except as permitted under Section 9 of these Terms, rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses for any Services.

Post, upload, or distribute any defamatory, libelous, or inaccurate User Content or other content.

Post, upload or distribute any User Content or content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;

Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Services accounts of others without permission, or perform any other fraudulent activity; delete the copyright or other proprietary rights notices on the Services.

Make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Services;

Use the Services for any illegal purpose, or in violation of any local, state, national or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;

Defame, harass, abuse, threaten or defraud Users of the Services, or collect, or attempt to collect, personal information about Users or third parties without their consent;

Intentionally interfere with or damage operation of the Services or any user’s enjoyment of it by any means, including without limitation by participation in any denial-of-service type attacks or by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.

Third-Party Sites, Products and Services; Links.

The Services may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”). The Company does not endorse such Reference Sites or the information, materials, products or services contained on or accessible through Reference Sites. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES ON OR AVAILABLE THROUGH REFERENCE SITES, SOLELY AT YOUR OWN RISK.

Your use of the Reference Sites may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

Term and Termination.

Term. These Terms shall remain in force and effect while you use the Services unless your account is terminated as provided in these Terms, in which case you no longer have the right to use the Services.

Termination by the Company. The Company reserves the right to revoke the license granted to you herein, and if it does, the Company may terminate your access to and use of the Services and may, at its sole discretion, maintain or delete your Account. The Company may, at any time, terminate its legal agreement with you if:

You have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

The Company is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

The partner with whom the Company offered the Services to you has terminated its relationship with the Company or ceased to offer the Services to you; or

The Company is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

The provision of the Services to you by the Company is, in the Company’s opinion, no longer commercially viable.

Termination by You. Your only remedy with respect to any dissatisfaction with (i) the Services, (ii) any of these Terms, (iii) any policy or practice of the Company in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate the Terms and your Account. You may terminate these Terms at any time (prospectively only) by deleting your login Account with the Services and discontinuing use or any and all parts of the Services.

Responsibility for Pre-Termination Activity. Termination of the Terms as to any User Account will not limit the Company’s rights and remedies regarding any breach of these Terms occurring prior to such Termination.

Disclaimers of Representations and Warranties.

YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN RISK.

THE SERVICES ARE PROVIDED ON AN ‘AS IS’, ‘AS AVAILABLE’, AND ‘WITH ALL FAULTS’ BASIS. Therefore, to the fullest possible extent permissible by law, the Company, affiliates, subsidiaries, and each of their respective employees, officers, directors, members, managers, shareholders, agents, vendors, licensors, licensees, contractors, customers, successors, and assignees, hereby to the maximum extent permissible by applicable law, disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to the following:

The Services (including the Content and User-Generated Content;

The functions, features, or any other elements on, or made accessible through, the Services;

Any products, services, or instructions offered or referenced at or linked through the Services;

Whether the Services (and their Content) or the servers that make the Services available, are free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your Internet Device);

The specific availability of the Services, and whether any defects in the Services will be repaired, or will be repaired in a particular time frame; and

Whether your use is lawful in any particular jurisdiction.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

EXCEPTING ONLY AS MAY BE SPECIFICALLY SET FORTH IN ANY ADDITIONAL TERMS, THE COMPANY HEREBY FURTHER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS FO THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM ERRORS, COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS.

Limitations of Liability.

UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages that are directly or indirectly related to:

The Services (including Content and User-Generated Content);

Your use of or inability to use the Services, or the performance of the Services;

The failure of a Child User to learn or otherwise benefit educationally from the use of the Services, including but not limited to the failure of a Child User to see any improvement in results, grades or test scores.

Any action taken in connection with an investigation by the Company or law enforcement authorities regarding your access to or use of the Services;

Any action taken in connection with copyright or other intellectual property owners or other rights owners;

Any errors or omissions in the Services’ technical operations; or

Any damage to any User’s computer, hardware, software, modem, or other equipment or technology, including damage from any security breach or any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line, or network failure or any other technical or other malfunction, including losses or damages in the form of lost profits, loss of goodwill, loss of data, work stoppage, inaccuracy of results, or equipment failure or malfunction.

The foregoing limitations will apply even if the Company was advised of or should have known of the possibility of such losses or damages, regardless of whether you bring an action of contract, negligence, strict liability, or tort.

General Legal Terms.

The Terms constitute the whole legal agreement between you and the Company and govern your use of the Services (but excluding any services which the Company may provide to you under a separate written agreement), and completely replace any prior agreements between you and the Company in relation to the Services.

You agree that the Company may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.

You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.

Governing Law/Jurisdiction. THESE TERMS AND ANY ADDITIONAL TERMS, WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF SINGAPORE, WITHOUT REGARD TO ITS CONFLIC OF LAWS PRINCIPLES. YOU AND THE COMPANY AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS LOCATED WITHIN SINGAPORE, TO RESOLVE ANY LEGAL MATTER ARISING FROM THE TERMS. NOTWITHSTANDING THIS, YOU AGREE THAT THE COMPANY SHALL STILL BE ALLOWED TO APPLY FOR INJUNCTIVE REMEDIES (OR AN EQUIVALENT TYPE OF URGENT LEGAL RELIEF) IN ANY JURISDICTION.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable

Submission of Feedback. Under certain circumstances, we might ask Users for feedback or ideas as to their experiences with the Services. If you choose to provide us with feedback, you acknowledge and agree that (i) you have no expectation of review, compensation or consideration of any type for any such feedback or ideas; and (ii) the Company will be free to use and exploit such feedback or ideas at its discretion and without compensation or obligation to you.