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Terms of Use

Updated on 29 december 2023

The following terms (Terms of Use) and the Privacy Policy (as defined below) govern the access, viewing or use by you (hereinafter be referred to as User or you or your) of the services available through the Platform (as defined below) and/or the Application (as defined below).

The Platform (as defined below) is owned and operated by EDUJOURNAL PTE LTD, a company incorporated under the laws of Singapore and having its registered office at 30 Cecil Street #19-08, Prudential Tower, Singapore 049712 (Company, we, us, our). You acknowledge that this Terms of Use will be read in line with any other agreement that you have entered into with the Company in relation to the use and access of the Platform.

By accepting the terms herein or by accessing, viewing or using the Platform, you (a) acknowledge that you have read and understood these Terms of Use and the Privacy Policy; (b) represent that you are of legal age to enter into and are otherwise legally competent to enter into a binding agreement; and (c) agree to be bound by the Terms of Use and acknowledge that constitute your binding legal obligations towards the Company.

The Terms of Use may be modified (including suspension, cancellation, discontinuance of the Platform) at any time by the Company by posting the changes on the Platform or by e-mailing you, and you agree that it shall be your responsibility to ascertain the changes to the Terms of Use by visiting the Platform. Terms of Use. Your continued use, access of the Platform after the new and/or revised Terms are effective, indicates that you have read, understood, and agreed to those Terms.

If you do not agree to the Terms of Use (and any modifications to the Terms of Use), you should not access, view or use the Platform.

1) Definitions

a) Application means the Notebook Apps which may be made available on the Google Play store and Apple AppStore or other application marketplace, which is installed on a mobile or computing device;

b) Platform means the training platform operated by the Company and accessed through the Website and the Application collectively;

c) Privacy Policy means the privacy policy available at the Platform which can be accessed here

d) Website means and all its sub domains which can be accessed on a mobile or a computing device;

e) Users means the individual who uses the Platform whether registered or not to avail of the Services and includes without limitation guardians or administrators of learners;

f) User Information means any and all information, documents provided by the User, while signing up for the Platform or thereafter, including but not limited to name, age, sex, address;

2) Access and User Registration

a) You understand that for the purpose of providing or availing the Services you will be required to create an account with us (Account) and provide accurate information including User Information for the purposes of your registration. You agree that you will not create more than one Account, or create a Account for anyone other than yourself without first receiving permission from such other person or if you are the legal guardian of a minor. We may, at our sole discretion, refuse to accept your registration due to non-compliance with any eligibility requirement for such registration;

b) If You are below the age of 18 (Eighteen), your parents or guardians who can be a party to a contract shall undertake to ensure that You (minor) is accessing the Platform under their supervision, guidance and with their consent. They shall be held responsible for any violation done by the minor under this Terms of Use.

c) You shall at all times be responsible for any activities that are undertaken through your Account;

d) You represent that you have all rights required to provide the information that you provide on the Platform, including the User Information and represent that it is true and accurate;

e) All User Information will be used and processed in accordance with the Terms of Use and the Privacy Policy;

f) By providing the User Information you consent to us for contacting you through the contact information, in relation to the Platform or provision of any Services;

g) You will be solely responsible for any activities that are undertaken through your Account. The Company shall in no event be liable for any loss or damages caused due to your failure to maintain the confidentiality of your Account credentials. If you suspect any unauthorised use or access of your Account, you are required to immediately notify the Company;

h) You understand and agree that the Company may for any reason whatsoever and at its sole discretion, terminate or suspend your Account or your access to the Platform without notice and you waive any right to claim access to the Platform or any other claim that you may have.

3) Prohibited Uses

In relation to the use and access of the Platform its content and features, you agree and undertake not to:
a) re-sell the usage of the Platform;

b) upload, transmit or publish any information on behalf of a third-party, including any User Information of any person other than you, and more specifically, you will not impersonate another person;

c) upload, transmit or publish any information or material which is grossly harmful, false, misleading, abusive, harassing, bigoted, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

d) create Accounts by automated means or under false or fraudulent pretences;

e) take any action that imposes, or may impose an unreasonable or disproportionately large load on the IT infrastructure used by the Platform, including the Website or Application;

f) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform;

g) upload, transmit or publish any information or material which may harm minors in any way;

h) violate or invade the privacy of any person or other users;

i) upload, transmit or publish any viruses or other malware, to corrupt, interrupt, limit, destroy or otherwise impact the Platform, the Company computer systems, or the computer systems of other users or third-party systems;

j) upload transmit or publish anything which you do not have the rights to or any material which infringes the intellectual property rights (in whatever form) of any third-party;

k) deceive or mislead the other users of the Platform about the origin of the messages you post or communicate any information which is grossly offensive or menacing in nature;

l) access the Platform in any unauthorised manner, including by hacking or using log-in credentials of any other user;

m) use the Platform for any unauthorised marketing purposes or for sending any unsolicited materials or spamming; and

n) do any acts that threaten the unity, integrity, defence, security or sovereignty of any country, public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.

4) Terms for Users

a) You acknowledge you are solely responsible for determining the suitability of the Services and the content for your purposes. The Company does not in any manner guarantee or warranty the suitability of content or the Services for any purpose.

b) You agree and acknowledge that you will not copy or use the content and Services unless as specifically permitted and you will not use any of the content or Services for any commercial purpose. All content and material being made available to you, is for training purposes only and is made available on a basis.

c) You agree that you will use the Platform the Website and Application in accordance with the Terms of Use, the Privacy Policy, and any other agreement that you have entered into with the Company.

d) You will use the Platform and any information available in accordance with all applicable laws and regulations.

e) You acknowledge that you will be charged the fees as provided in the pricing plans for the training sessions that you opt for. The fees payable and collected as per the pricing plans and policies of the Company as available. You acknowledge that the payment processing shall be done through third party payment system vendors.

f) The contents of the Platform including but not limited to the information, logos, designs, illustration, databases, arrangement of databases, user interfaces, response formats, software, audio, pictures, logos, icons, are the sole property of the Company or its licensors. All intellectual property in and to the Platform and its contents and functionalities shall vest solely with the Company or its licensors. Contents as used in this clause shall include any feedback or information related to the Platform that may be shared by you.

g) Save for the limited right to access and use the Platform in accordance with the Terms of Use, on a non-exclusive and non-transferable basis, there are no other rights being granted to you in the Platform or any of the contents and functionalities. It is clarified that your right to use the Platform, your User Account, or any rights given to you by virtue of using the Platform are not transferable, even if you are using the Platform to avail Services for any other person.

h) You have no right to make any copies of whole or part of the Platform or any of the contents therein.

i) You have no rights to remove, modify (including removing any copyright notices or proprietary markings) any part of the Platform, save for any Information that belongs to you which may be removed, subject to our Privacy Policy and applicable law.

a) For Customer Support: We use your Information to resolve technical issues you encounter, to respond to your requests for assistance, to analyse crash information, and to repair and improve the Platform.

b) For Legal Reasons: The Company will also share Information with individuals or entities to the extent it believes in good faith it is required to:

i) ensure compliance with law/regulations and/or pursuant to enforceable orders of government, law enforcement or regulatory authorities;

ii)  address fraud, security or technical issues;

iii)  protect against harm to the rights, property or safety of the Company, its other users or the public as required or permitted by law.

c) For Effective Provision of the Platform:Â We may share your personal information or personal information of others provided by you to the Company employees, contractors, agents, and other representatives who need to know that Information in order to provide services to you and who are subject to strict contractual confidentiality obligations and may be disciplined or terminated if they fail to meet these obligations.

d) To conduct analysis: We are always looking for ways to make our Services secure, integrated, and useful to you. We use collective learnings about how people use our Services, and to identify trends, usage, activity patterns and areas for integration and improvement of the Services. We also test and analyze certain new features with some users before rolling the feature out to all users. We may also share aggregated information (information about our users that we combine together so that it no longer identifies or references an individual user) and other pseudonymised information for regulatory compliance, industry and market analysis, demographic profiling, marketing and advertising, and other business purposes.

5) Disclaimers

a) We assume no responsibility for any damages or viruses that may infect your computer equipment or other property on account of your access, viewing, or use of the Platform.

b) We assume no responsibility for any misconduct of any User or any other person on-boarded on the platform who sends any unsolicited messages or establishes any form of contact with any other person.

c) We may provide link to third-party Platforms, our payment service providers/partners/payment gateway/payment aggregators, who may process your payment details. We are not responsible for the availability or proper functioning of such linked pages or sites, and we will not be held responsible for any loss or inconvenience encountered as a result of using such third-party links.

d) All content or information available in the Platform, are provided without warranty of any kind, either express or implied, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The Company does not warrant, and to the maximum extent permitted by law, hereby disclaims any warranties, either express or implied, with respect to the accuracy, adequacy or completeness of the content of the Platform. The Company does not warrant that the Platform will operate in an uninterrupted or error-free manner or that the Platform is free of viruses or other harmful components.

e) Without limiting the foregoing, the Company does not warrant that:

(i) the content made available on the Platform or your access to the Platform will not experience outages or otherwise be uninterrupted, timely, secure or error-free;

(ii) the information or Services obtained through or from the Platform will be accurate, complete, current, error-free, completely secure or reliable.

6) Indemnity

You shall defend, indemnify and hold harmless the Company, its affiliates, principals, officers and employees against all claims, liabilities and costs (including reasonable attorneys fees), brought against the Company in connection your use and access of the Platform or the Services, arising directly as a result of your actions or omissions or from any third-party claims as a result of your actions or omissions.

7) Limitation of Liability

To the maximum extent permitted by applicable law, the aggregate liability of the Company to you or anyone, for any liabilities, claims, losses or damages, whether in contract, tort, negligence or otherwise, whether in connection with the Terms of Use, the Privacy Policy and/or your access and use of this the Platform, Services and its contents and functionalities or for any reason related to the operation of the Platform or howsoever arising, shall in no event exceed SGD 100 (Singapore Dollars One Hundred Only).
In no event shall the Company be liable for any loss of profits (anticipated or real), loss of business, loss of reputation, loss of data, loss of goodwill, any business interruption or any direct, indirect, special, incidental, consequential, punitive, tort or other damages, however caused, whether or not it has been advised of the possibility of such damages.

8) General

a) Termination: The Company reserves the rights to terminate or suspend your Account or your access to the Platform at any time, at its sole discretion and convenience or if you violate the Terms of Use.

b) Access: The Company does not make any claim that the Platform and its contents and functionalities and Services may be lawfully viewed or accessed outside of Singapore. You are solely responsible for complying with laws applicable to you or your access in Singapore or abroad.

c) Independent Contractor: You acknowledge that the Company is not acting as your agent. The Company shall not be liable for your actions or omissions arising as a result of your use of the Platform and you expressly waive any liability of the Company in this regard.

d) Force Majeure: In no event shall the Company be liable for any acts beyond its control or for any acts of god.

e) Waiver: No waiver of any provision of the Terms of Use shall be binding unless executed and notified by the Company in writing to you. No waiver of any of the provisions of the Terms of Use shall be deemed or shall constitute a waiver of any other provision and no waiver shall constitute a continuing waiver. You hereby waive any present or future claims you have against the Company arising from your use of the Platform or any other User conduct.

f) Entire Agreement: The Terms of Use, the Privacy Policy and any other agreement entered with its Users shall constitute the entire agreement for the use, viewing or access of the Platform. Any modification to the Terms of Use shall only be binding if posted on the Platform by the Company.

g) Severability: If any provision of the Terms of Use or Privacy Policy is determined to be invalid or unenforceable, it will not affect the validity or enforceability of the other provisions of the Terms of Use or Privacy Policy (as applicable), which shall remain in full force and effect.

h) Governing Law and Jurisdiction: The Terms of Use and the Privacy Policy are governed by the laws of Singapore (without regard to its conflict of laws principles). You irrevocably consent to the exclusive jurisdiction of the competent courts located at Singapore for all disputes arising out of or relating to the Terms of Use.

i) Complaints: If you wish to place a complaint with regard to anything related to the Platform and/or the Services, please contact our Grievance Redressal Officer, [insert name] at [insert email] so that we can consider and respond to your request. the Company will endeavour to address all request within [insert] days from the date such a request is made.