1.These Terms of Use (“Terms”) governs access to and use of this site (“the Site”), as well as all content, functionality and services offered on or through the Site (the “Services”).
2. These Terms are entered into between Vitamindz Education Pte Ltd (“VE”), and any individual who accesses or uses the Site or the Services, including any recipient of any of the Services (“User”), and if such User is a minor, the parents of the User and any person or guardian who has or has accepted parental or legal responsibility for the User (“Parents”) (collectively the “Users”). Parents shall be individually and jointly responsible for complying with their obligations under these Terms.
3. Users shall continue to be subject to such Terms as amended, modified and/or substituted by VE from time to time at VE’s sole discretion, and published on the Site. Any such amendments, modifications and/or substitutions shall be effective immediately upon posting and applies to all access to and use of the Site or the Services thereafter. The utilisation and continued utilisation of the Site or the Services by the Users shall be deemed acceptance of these Terms by the Users.
4. For more information on VE’s personal data practices, please see VE’s Privacy Policy as available at VE’s website www.vitamindzedu.com (“Privacy Policy”). By accessing or utilising the Services, Users agree that VE may collect, use and disclose the Client’s personal data in accordance with the Privacy Policy.
Acceptable Use of Site
1. Users are solely responsible for their own conduct while accessing or using the Site, and for any consequences thereof. Users agree to use the Site only for purposes that are legal, proper and in accordance with these Terms and any applicable laws or regulations. By way of example, and not as a limitation, Users shall not, and shall not enable or allow any third party to:
(i) send, upload, distribute or disseminate any unlawful, defamatory, harassing, abusive, fraudulent, hateful, violent, obscene, or otherwise objectionable content; (ii) distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature; (iii) impersonate another person; (iv) upload, post, transmit or otherwise make available through the Site any content that infringes the intellectual property or proprietary rights of any party or otherwise violates the legal rights of others; (v) engage in, promote, or encourage illegal activity (including, without limitation, money laundering); (vi) interfere with other users’ use of the Site; (vii) use the Site for any unauthorized non-personal or commercial purpose; (viii) modify, adapt, translate, create any derivative works or reverse engineer any portion of the Site; (ix) remove any copyright, trademark or other proprietary rights notices contained in or on the Site or any part of it; (x) use any technology to collect information about the Site’s for any unauthorized purpose, including the use of any data mining, robots, or similar data gathering or extraction methods on the Site; (xi) distribute, publish, broadcast, reproduce, copy, retransmit, create any derivative works from, or publicly display any content from the Site; use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or that violates any applicable law; or (xiii) access or use the Site for the purpose of creating a product or service that is competitive with any of our products or services.
2. If Users engage in any of the activities prohibited by this Clause, except as expressly permitted by VE, VE may, at VE’s sole and absolute discretion, without notice to the User, and without limiting any of VE’s other rights or remedies at law or in equity, immediately suspend, prevent or terminate the User’s access to the Site.
3. Users acknowledge that use of the Services will not be supervised by VE and that use is at their own risk. If Users rely on any of the Services, Users do so solely at their own risk. VE is not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information Users receive through the Site or the Services.
4. Users understand that VE cannot and does not guarantee or warrant that files available for downloading through the Site or the Services will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Users are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Site or the Services for the reconstruction of any lost data.
5. VE does not guarantee, and is under no obligation to ensure, the availability, compatibility, or performance of the Services. Users acknowledge that access to the Services may be suspended at our discretion without notice.
6. The Site may include references or links to other websites or platforms (“Third-Party Sites”). These are provided for convenience and information only and should not be interpreted as endorsements by VE of the Third-Party Sites or any content therein. VE has no control over the contents of those Third-Party Sites and disclaims any liability, and accepts no responsibility, for the content of any Third-Party Site referred to or accessed through the Site.
Liability
2. Notwithstanding anything to the contrary in these Terms:
2.1. VE’s sole liability and the maximum extent of such liability (if at all VE’s liability is established) to the User (whether in respect of one claim or a series of connected claims) howsoever caused arising out of the provision of, or the failure to provide or to adequately provide, the Services or in respect of any obligation of VE under or arising out of these Terms or the provision of the Services is limited to the reasonable cost of replacement of the relevant Service;
2.2. VE shall in no event be liable to Users for any special, incidental, indirect, consequential or punitive damages, or any loss of profits, opportunity, savings, revenues, business, goodwill or information, whether in contract or in tort or under any other cause of action absolutely, and whether or not caused by acts or omission or negligence of VE or its Staff, and regardless of whether such damages are foreseeable as at the date these Terms were agreed to or from time to time.
3. Users shall:
3.1. indemnify, defend and hold harmless VE and its Staff from and against all loss, claims, demands or causes of action and any liabilities, damages, costs or expenses resulting therefrom (including expenses and legal fees on an indemnity basis) caused by, arising out of or relating to the breach of these Terms on the part of any of the Users or arising out of any wilful default, misconduct or negligence on the part of any of the Users;
3.2. indemnify VE against any loss, cost, claim and expense (including legal costs on any indemnity basis) that VE may suffer or incur in protecting or enforcing any rights of VE under these Terms against the User.
4. VE does not warrant or guarantee that any of the Services will improve the User’s academic or other performance,
Intellectual Property Rights and Licenses
1. For purposes of these Terms, “VE Content” means all data, text, materials, documents, worksheets, examinations, assessments, tests, quizzes, content, graphics, images, audio or video recordings, media, course description, class notes and lesson notes accessible or used on the Site or the Services, or otherwise accessible to the Users in relation to the Services.
2. No licenses or rights are granted to any of the Users or any person by implication or otherwise in respect of any intellectual property rights owned or controlled by VE or its licensors, except for the licenses and rights expressly granted in this Agreement.
3. Users acknowledge that VE owns all rights, titles and interest in the VE Content and that Users shall not publish, circulate, distribute, share, sell, reproduce, adapt, translate, exploit for commercial purposes, modify, or disclose to any third party, in any manner, any VE Content.
4. Users hereby grant to VE a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publish, publicly display and publicly perform any content, data, material or other information submitted to or through the Site or the Services or otherwise by any other means to VE.
5. Users hereby grant to VE a non-exclusive, royalty-free, worldwide, irrevocable, perpetual license, with the right to sub-license, to collect, analyse, reproduce, distribute, transmit, adapt and create derivative work from any data collected by VE or through the Site or the Services for any commercial or non-commercial use, subject to such data being anonymised by the removal of personally identifiable information.
6. Any unauthorised use, publication, distribution, sharing, sale, copying, recording, reproduction or disclosure of any VE Content or any other intellectual property owned or used by VE, shall, in addition to any other rights and remedies available to VE at law, in equity or under statute, be valid grounds for the suspension or termination of a User’s access or use of the Site or the Services.
Termination
1. VE may suspend or terminate the User’s access to any or all of the Site or the Services, or to terminate the agreement comprising these Terms with the User, at VE’s reasonable discretion, at any time and without notice or liability to the User.
Third Party Rights
1. Save for any Staff, a person who is not a party to the Contract has no rights under the Contracts (Right of Third Parties) Act (Chapter 53B) of Singapore to enforce or enjoy the benefit of the terms of these Terms.
Force Majeure
1. For the purposes of this clause, “Force Majeure” shall mean any event or act occurring beyond the reasonable control of VE, including but not limited to any of the following events: war, invasion, rebellion, revolution, insurrection or civil war; act of Government; earthquakes, fire, lightning, storms, floods, haze or any other occurrence caused by the operation of the forces of nature; strikes, lockouts, boycotts or labour disputes; e) terrorism, sabotage or arson; pandemics or epidemics of infectious diseases; or any other event similar to any of the foregoing.
2. VE shall not be liable if it is prevented, hindered or delayed from carrying out its obligations to any of the Users by reason of a Force Majeure event, and VE shall be released from such obligations to the extent that VE is affected by the circumstances of the Force Majeure event and for the period during which those circumstances exist.
Miscellaneous
1. These Terms shall be governed and construed in accordance with the laws of the Republic of Singapore.
2. Any dispute arising out of or in connection with these Terms must first be negotiated in good faith between the parties with a view to a resolution of such dispute. The courts of Singapore shall have exclusive jurisdiction to hear and determine any dispute which may arise out of or in connection with these Terms.
3. VE’s failure to enforce any right under or provision of these Terms will not be considered a waiver of such right or provision. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.