These Terms and Conditions govern the use of EdTutor Holdings (Private) Limited (“Company”) and thereupon the use of  its applications, (“Applications”),  services, (“Services”), products (“Products”)  and its website www.edtutor.com (“Website”) (collectively referred to as “Company’s Educational Applications”) by any person, company, entity and/or representative (“Users”) registered and authorized to use the Company’s Educational Applications.

 

Now therefore such terms and conditions are applicable to all of the Users of the Company’s Educational Applications and shall be governed by the substantive and procedural laws of The Republic of Singapore.

In case of any Dispute the courts of Singapore shall have exclusive jurisdiction.

These Terms and Conditions shall include all schedules, policies and attachments to it specifically including but not limited to the privacy policy.

 

These Terms and Conditions supersedes all and any other policies, clauses or terms contained elsewhere with respect to the subject matter of this document. The clauses and provisions contained herein shall have supremacy and will prevail in the event of contradiction or conflict of any clauses or terms contained elsewhere with this document.

 

The Users are hereby informed to read and thereby accept by way of registration these Terms and Conditions along with the Privacy Policy for access and use of the Company’s Educational Applications.

 

Users shall be deemed to have accepted the Terms and Conditions upon access or usage of the Company’s Educational Applications and therefore shall be legally bound by them.

The Users must refrain from usage and access of the Company’s Educational Applications in case they disagree with these Terms and Conditions as all User rights are denied by the Company in lieu of any non-acceptance/non-agreement.

 

The Users must use the Company’s Educational Applications in accordance with these Terms and Conditions and any failure to abide by the same shall create civil and criminal liabilities for the User and any action according to the Court of Law may be taken against the User.

 

The Company has sole and exclusive ownership upon all intellectual property rights, all its data, content, information, brand names, trademarks, material, articles, administration marks, service marks, trade secrets and proprietary innovations including but not restricted to the product, text, pictures, illustrations, video, content, graphics, software, literary works, script, sound and audio contained in the Company’s Educational Applications (hereunder referred to as “Proprietary Rights”).

The Company reserves the right to usage of its property and Company’s Educational Applications.

The Company’s Educational Applications  and all its content/works/services/subscriptions and any other matters ancillary or incidental thereto are the sole property of the Company and are non-transferrable. Nothing contained herein shall give effect to or be deemed to transfer, convey or grant any right, license, interest or title in any proprietary rights, intellectual property or any other rights belonging to the Company.

 

The Company shall retain full and complete title to all the content, data information and all such rights at all times.

The User understands and acknowledges that the User shall only have accessibility rights and shall not use the content, services, data, logos or any information obtained through the Company or its third-party collaborators except with express written permission from the Company and the relevant third party.

 

The Company prohibits the use of its Company’s Educational Applications for commercial purposes or any other purpose except for personal usage. The User shall only use the Company’s Educational Applications for personal usage and the Company’s Educational Applications cannot be used for any commercial or any other purpose than as prescribed herein.

 

The user shall not be allowed to reverse, disintegrate, edit, change, copy, transfer, display, distribute, license, publish, sell, or create derivative works from the contents of the Company’s Educational Applications services or information derived from the the Company’s Educational Applications or conceal or blur any of the Company’s copyright notices, trademark, logo, or any other proprietary notice from the Company’s Educational Applications.

The user shall not (a) use the Company’s Educational Applications for any commercial purpose, or (b) sell or advertise any of the services, products, domain names, or public forum for any commercial purpose (whether for profit or not), or (c) use the Company’s Educational Applications in a way that is detrimental, harmful, or unlawful to the Company or any other individual or entity as determined by the Company.

 

The user shall not be permitted to perform any of the following while using the Company’s Educational Applications:

1. Making available, sharing, uploading etc., any content that is in any way harmful, unlawful, deceptive, lewd, child-pornographic, profane, abusive, defaming, or invasive of another individual’s privacy, or racially and ethnically objectionable;
2. Following, terrorizing, harassing, and/or provoking another individual to commit violence;
3. Transferring material that promotes another individual to commit an unlawful or criminal offence, that will lead to civil liability or violation of laws, codes of practice, or regulations
4. Impeding another individual’s enjoyment or use of the Company’s Educational Applications;
5. Saving, creating or transferring electronic copies of materials protected by copyright without the informed consent of the owner, committing any act that will lead to the contravention of intellectual property or ensuring the availability of any material that contravenes any proprietary rights or intellectual property rights of any other individual;
6. Making available, sharing, uploading etc., any material or content that you don’t have the right to make available, share, upload, etc., under any contractual, fiduciary, or legal relationship, unless you control or own the rights or have the informed express consent of the owner to use such content;
7. Imitate any other individual or entity or wrongly state or misrepresent your affiliation with another individual or entity;
8. Transfer, post, or ensure the availability of any material that contains spyware, viruses, worms, Trojan horses, cancelbots, time bombs, or any other codes or files that will harm the Company’s Educational Applications, interests, or rights of other users or restrict the functioning of any computer hardware, software or telecommunications, or collect or extract any data or personal information of other users without gaining their informed consent;
9. Use or access of the Company’s Educational Applications in any way that will harm, overburden, disable, or impair the servers of the Application/Website (s), or the servers on which the Application/Website (s) is hosted.
10. Inadvertently or consciously interfering or disrupting the services or breaching any applicable laws that relate to the access or use of the Company’s Educational Applications, breaching any requirements, policies, procedures, or regulations of the networks connected to the Company’s Educational Applications, or be party to any activity that is not allowed in these Terms;
11. Impeding, disrupting, or harming the Company’s Educational Applications, materials, resources, systems, or gain unauthorized access to the User passwords, accounts, networks, or servers connected to the Company’s Educational Applications,
12. Impeding or inhibiting any user from enjoying accessibility or using the Company’s Educational Applications, or other affiliated sites, or engaging in harmful attacks such as the denial of service attack on the Company’s Educational Applications;
13. Use any platform to increase traffic to Company’s Educational Applications, to acquire, access, copy, or track any portion of Company’s Educational Applications, or in any way replicating or evading the presentation or navigational structure of the application or any content to attempt to obtain or obtain any documents or information through any unlawful means made available through the Company’s Educational Applications;
14. Amend or adjust any part of the Company’s Educational Applications;
15. Use the Company’s Educational Applications for any purpose that is not allowed by (i) these terms; and (ii) any applicable regulation, law, or generally accepted guidelines or practices in the applicable jurisdiction; or
16. Breach any of these conditions that are given under the Terms for the use of Company’s Educational Applications.

 

 

Any Submission made to the Company on or by use of the Company’s Educational Applications shall grant and transfer ownership/title and all rights relating to the submission and its content wholly to the Company.

The Company shall own worldwide royalty free rights to the submission to use, adapt, modify, publish, transmit, distribute and exploit the submission as the Company deems fit.

The User acknowledges and agrees herein that the submission shall be used by the Company and any third party using the Company’s Educational Applications as content and submissions of the Company. This content therefore may be edited, tweaked and reworked in accordance with the terms herein by third-parties.

 

The User hereby agrees that the submissions shall remain with the Company as Company property even after the User’s termination of registration for the Company’s Educational Applications and its services.

 

The Company has taken all reasonable measures to ensure correctness and clarity in its content contained in the Company’s Educational Applications.

The Company shall therefore not be liable for any inadvertent errors or inaccuracies and the Company shall be held indemnified against any claims pertaining to the same.

 

The Company reserves the right to change, edit, withdraw, add or amend any and every content in its Company’s Educational Applications from time to time without any prior notice.

The Company further does not provide any guarantees or warranties relating to the content available and its accuracies, timeliness, performance or suitability whether submitted by the Company or any third parties.

 

The User hereby acknowledges that the content and material may contain errors or inaccuracies and the Company herein expressly excludes any and every liability to the full extent pertaining to the same.

 

The Company’s Educational Applications may contain links to third party websites which shall be included for reference purposes only to ensure better understanding of the User.

The Company does not endorse the websites or information contained therein and shall not be liable for any issues that arise out of the same.

The User must obtain the Company’s written express permission to create any third party website links in the Company’s Educational Applications in order to incorporate any information contained in any other third party websites.

 

The Company has developed the Company’s Educational Applications in accordance with the structured curriculum syllabus to supplement the education provided by different educational institutions for different courses using the same basic definitions and formulae as per the syllabus through simplification of the concepts for easy understanding. The Company however does not support any particular institution or its way of teaching therefore the Company accepts no liability neither provides any guarantee relating to admissions, passing of exams or achievement of specific percentage of marks for any institution operating in any part of the world.

The Company further does not approve/disapprove or include/exclude any method of delivering the structured curriculum and hence takes no responsibility for the teaching methods available in the Company’s Educational Applications and their diversity or lack thereof.

 

The Company does not endorse any opinions or views available in the Company’s Educational Applications neither makes any warranties or representations regarding their adequacy, quality or accuracy and shall not be responsible or liable for the User’s reliance on any such views or opinions.

 

The Company shall not be liable for any third party or user contributions posted as part of the Company’s Educational Applications. The Company solely reserves the right to remove, review, edit or delete any content as it deems fit.

The company shall not be responsible for any content that is uploaded directly to the site by users, regardless of whether it is a certified user-uploaded response. The Company shall not be responsible for verifying whether any such question / answer or content posted by any user contains infringing material.

 

Communication with the User by the Company shall be via SMS, email and phone call by different sources to provide information about the Company’s Educational Applications as well as notices of various important updates and to avail informed consent for demonstration of the Company’s Educational Applications. Upon registration, the User consents to having their contact details available to our staff, employees and partners so that they can be contacted for training purposes, information and promotions over the phone, SMS, email, etc. Express permission is hereby granted by the User for communication by phone, SMS, e-mail upon access to and use of the Company’s Educational Applications. The User further holds the company exempt from any liability, including financial penalties, damages, costs etc. in the event that the user’s mobile phone number is registered in the DNC (Do Not Call) database.

 

The User may request the demonstration of the Company products at any location of their choosing and the Company may provide such demonstration at the desired location.

The User shall make the purchase/registration/order after full satisfaction through inspection of the Company’s Educational Applications without any reliance on the word of the representatives.

The Company shall not accept any responsibility regarding the quality or condition of the product after the demonstration/inspection as adequate opportunity is given to the User to investigate and reasonably examine the Article.

 

The Users consent and provide express permission to the Company upon registration to contact Users to enable effective provision of services through any means whatsoever vide the contact information provided by the Users including but not limited to registered mobile number, email, any other mobile number.

 

The Company reserves the right to monitor the website and its usage by the user to ensure efficiency and quality of the service. The User expressly permits the Company to answer, provide feedback and assist the students through the website and its services along with providing study plans, informing of the progress and interacting/mentoring students through email or telephone or any other form after obtaining express permission from the Parent/Legal Guardian.

 

The Company shall not be liable for any deviant behavior and incompetence of any personnel engaged in the sales and services relating to the Company’s Educational Applications.

The Company shall make efforts to train such personnel however any such action whether for or against any personnel is at the sole discretion of the company. The Company encourages feedback from its users and reserves the right to process and act on such feedback as it deems fit.

 

The Company’s Educational Applications shall differ in many aspects for different Users therefore the Users do not get access and privileges to all services upon registration automatically and separate terms, conditions and fair usage policy shall apply to different elements of the Company’s Educational Applications including but not limited to doubt clearance, mentoring services etc.

The Company reserves the right exclusively to determine and provide the Company’s Educational Applications and its access to its Users as per its own accord and therefore further reserves the right to cancel, discontinue, extend, modify or prematurely modify any and all of its services.

The Company shall maintain a list of compatible devices/tablets/hardware/instruments for its Services and Products and hereby reserves the right to upgrade the list and type of compatible devices from time to time.

The Company does not guarantee compatibility of its Company’s Educational Applications with the devices/tablets/instruments/hardware and therefore shall not be responsible to provide workable products and/or services for any devices/instruments/tablets/hardware that are not recognized by the Company or are purchased through any third party that is not compatible to the Company Products.

The obligation of any damage or loss shall not fall upon the Company regarding the use of any hardware, software, tablet, or instrument including but not restricted to the loss of data or effect on the processing speed.

 

The address for delivery shall be specified by the User at the time of ordering and can not be changed under any circumstance once the order is processed.

The company shall not be responsible for any issues and non-delivery due to any discrepancies in the address provided by the user.

The company must be informed in advance in writing well before dispatch/shipping date of any change in the address.

The Users shall have the right to return a product by sending the request for return within 15 days from the date of delivery. The cost of return shall be borne by the User except for return of a damaged product. The products must be returned in the same condition as received. The company reserves the right to refuse acceptance of return of a product that shows signs of any use or damage. The User must not accept any product that appears to be tampered, opened or damaged upon delivery.

 

The Company hereby expressly states that it is not the manufacturer of the instrument/medium/hardware for the Company’s Educational Applications and provides no guarantee or warrantee for the same and therefore accepts no responsibility of issues relating to instrument/medium/hardware.

The User must report any such defect or issue to the manufacturer directly using the details of the manufacturer provided on the packaging.

The User must register themselves to access the Company’s Educational Applications and maintain an account for the same and therefore shall be required to provide information and details including but not limited to full name, National ID card number, mobile number, e-mail address, residential address, grade/class of the student, school name, payment information (credit/debit card details) if and when required.

The User acknowledges the following upon registration:-

 

• The User shall be responsible for providing complete, up to date and accurate information.
• The User shall be responsible for maintaining confidentiality of account information.
• The User shall be responsible for all activity under the User Account and shall ensure logging out of the account after usage.
• The User shall be responsible for informing the Company immediately of any unauthorized access or use of the account and report any breach or likely breach/misuse of the account.
• The User must immediately change the password upon any such suspected activity.
• The Company may suspend an account without any liability for an indefinite period of time in case of any actual or suspected security breach or misuse of the account.
• The Company shall not be liable for damages and does not accept responsibility of external factors that may hinder the use of Services/Products including but not limited to internet network availability, internet service providers, inability to log in to the account etc.

Any person not capable of contracting under the law of Singapore such as minors, un-discharged insolvents etc shall not be eligible to register and therefore must access/use the product through a capable person that acknowledges and accepts all the terms and conditions of the contract such as Parents or Legal Guardians etc.

If a minor uses the Company’s Educational Applications it is assumed that the parent/legal guardian has consented and made available such use of the Company’s Educational Applications.

The Company shall not be liable of any consequences relating to the misuse of any kind of the Company’s Educational Applications.

The user upon registration warrants that the information provided is accurate and consent is given in case of minors.

The Company reserves the right to cancel any subscription and terminate the usage for any user that has given inaccurate information or is found to be a minor operating the website and using the services without the consent of the parent/legal guardian. The User is solely responsible for abiding by the eligibility criteria and the Company shall not be held liable for any failure to conform to the set rules by the User.

The Company, its directors, officers, employees, agents and representatives shall not be held responsible for any issues, claims, damages, obligations, losses, debts, costs, expenses or liabilities including but not limited to litigation costs and attorney fee arising out of  the use and access of the Company’s Educational Applications by the User or the violation of any terms, policies or third party rights including any copyright, privacy or property right without limitation.

The User hereby agrees to defend and indemnify the Company, its directors, officers, employees, agents and representatives against any such issues or claims.

This indemnification shall remain valid even after the User’s termination of registration for the Company’s Educational Applications and its services or the Company terminating the User’s account.

 

The directors, officers, employees, agents or representatives of the Company shall be indemnified and held harmless against any claims or disputes arising out of or by the Users use of the Company’s Educational Applications. The Company shall further not be liable for any third party claims involving whether direct, indirect, consequential or punitive damages arising out of the User’s use of or access to the Company’s Educational Applications.

The User agrees to compensate the Company for any damages, losses caused by the User in breach of these terms whereas if such a loss can not be compensated for in monetary terms and the User’s continuation of the breach would cause the Company irreparable harm then the Company shall be entitled to obtain an injunction. This injunction shall not be the only remedy available to the Company and the Company may exercise its right to gain any and all further remedies available in relation to the breach.

The breach of these terms might lead to instant deferment or termination of the accounts of the individual (s) associated with the violation separate from any further legal remedies the Company avails at its discretion. In such cases, the Company may also disclose the individual (s) information if required any legal or Governmental authority. It is hereby understood and accepted by the Users that a violation or breach of the terms may result in civil or criminal liability for the Users.

 

The rights to alter, discontinue, suspend, or eliminate any features or aspect (s) of the functionality of the Company’s Educational Applications is reserved by the Company at its discretion without any prior notice. The Company herein confirms that it does not make any commitments, whether express or implied, to continue or maintain any aspect of the Company’s Educational Applications. The Company will not be held responsible by you or any third-party for the discontinuation, elimination, or alteration of the Company’s Educational Applications. All prices are subject to change without prior notice.

The Company’s Educational Applications are provided with no guarantees with all and any shortcomings as it is. The Company hereby refutes all warrantees and conditions as to the Company’s Educational Applications including all inferred or implied guarantees, warranties relating to the Company’s Educational Applications’ states of merchantability, readiness for a specific reason, title, precision, practicality, execution, fulfillment, appropriateness, non-infringement and accuracy. Moreover, the Company shall not be obligated or held liable for any harm or damages emerging out of or in regards to the utilization or functioning of the Company’s Educational Applications.

The Users’ utilization of any data or materials attained through the Company is at the Users own risk and the Company shall not be responsible or liable for the same.

 

It is therefore the Users responsibility to ensure compatibility of the Services provided by the Company with the requirements of the Users and their particular prerequisites.

Any deviation or incompatibility in the criterion required by the User with regards to the Services and/or products/materials attained from the Company is the responsibility of the User.

 

General Provisions:

Assignment: The User shall not assign any of his/her rights or delegate any performance and/or obligation under the terms herein to any third party. Any purported assignment of rights or delegation of performance in violation of this Clause is void. The Company shall nevertheless be free to transfer its rights to any third parties without seeking the Users consent.

Entire Agreement: The Entire Agreement consists of the privacy policy, the Terms and Conditions, and any other guidelines made appropriate to the Application periodically, between the Company and the User with respect to the Users access to and utilization of the Company’s Educational Applications thereof.

Notice: The Company shall serve all notices vide email to the User accounts or by way of a general notification through the Company’s Educational Applications. Any notice to be delivered to the Company should be sent at [email protected]

Relationship: The Users accept and acknowledge that registration and participatiofor the use of the company services, application, website or products does not render the User an employee or franchise of the Company nor gives rise to a partnership, agency or joint venture relationship.

Severance: If any of the provisions of these Terms and Conditions are found by a Court or other competent authority to be void or unenforceable, the provision shall be deemed to be deleted from these Terms and Conditions and the remaining provisions shall continue in full force and effect.

Waiver: If the Company fails to enforce or exercise any provisions contained herein or any rights it shall not constitute as a waiver of the same by the Company.

The Company has incorporated these detailed clauses and provisions for the better understanding of the Terms and Conditions by the User relating to their access and use of the Company’s Educational Applications.

The User hereby further accepts that the Company has provided ample time and a reasonable opportunity to review the same and that thereafter these are accepted and agreed upon by the User.

 

The Company shall have the right to use any feedback submitted by the User in respect to the Company’s Educational Applications which shall not be treated as confidential. The company has unrestricted access and rights to use any content or information provided on the Company’s Educational Applications without any limitations.

It is therefore represented upon submission of any feedback that (i) there exists no confidential or proprietary information or the User or third parties in the feedback. (ii) there exists no express or implied confidentiality obligation relating to the feedback. (iii) the Users are not entitled to any kind of compensation or reimbursement for the feedback from the Company unless expressly specified. (iv) the Company may already have Applications, Educational Applications, things or ideas in consideration or under development similar to the feedback.

 

The Company shall not be held responsible under any circumstances in any manner or form whatsoever for any content provided by other Users which can or may be deemed as inappropriate, hurtful or offensive there it is advised to exercise caution and care while accessing the Website.

The Company strives to provide its Users with a satisfactory experience.

In case of any issues or queries the Company may be contacted at:
[email protected]

If the Company is prevented from fulfilling its obligations under these Terms and Conditions by reason of any act of God beyond its reasonable control including but not limited to limitation, war, national emergency, epidemics, unusually severe weather, power outages, fires, pandemics, flood, earthquake, civil unrest, riots, strike or lockout or any regulation or order of any competent statutory or judicial authority or of any government in the Territory (herein after the “Force Majeure”), then the Company shall not be held liable for failure or delay of performance and shall not be in breach of these Terms and Conditions..

 

That any term, clause or part of it, contained within these Terms and Conditions that is illegal, invalid or unenforceable under the law of the Republic of Singapore shall, at first instance, be given an interpretation to make it compatible with the law and in the event that such an interpretation is not possible then the clause, or part of it, as the case may be, shall be subjected to the principle of severance without affecting the legality, validity and enforceability of these Terms and Conditions as a whole.