User agrees to be bound by these Terms, regardless if they use the Services directly or indirectly. It is hereby clarified that in case of any User being a minor, for all necessary purposes the term “User” shall mean and include the parents or legal guardians of such minor, who hereby undertake to be bound by these Terms, whichever applicable and to ensure that the minor(s) adhere to these Terms and other rules of usage of the Software. The minor Users shall use the Services provided by the Company in position and capacity of a beneficiary to this contract. The Company reserves the right to modify these Terms from time to time, and each such modification shall be effective upon posting on the Website.
1.1. The Company grants the User a non-exclusive, revocable and limited license to access and use the Software and the Services on his/her personal device. This license allows the User to install and use the Software and its content on a single device. The Software and/or any of the content should not be copied onto any other device. Any such unauthorized copy shall be deemed a violation of these Terms.
1.2. The User shall not be permitted to rent, lease, lend or sub-license the Software and the pre-packaged Content to another party. However, the User may make a one-time permanent transfer of all the license rights to the Software to any person, provided that such person accepts these license Terms and other conditions relating to the usage of the Software and Services.
1.3. The Company may, whenever necessary, update or modify the Software, release new versions or create new modules related thereto, each of which may, at the Company’s discretion, be included within the license granted above to such Users. Such updates or modifications may be made available to the Users by the Company from multiple channels including but not limited to the official website of the Company.
1.4. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to the Software and Content through their Account.
2.1. User agrees that, in order to access and use the Services, he/she will have to give his/her personal information to the Company such as name, age, residential address, educational qualifications, academic details, financial information etc.
2.2. User agrees that, in order to access and use the Services, he/ she/ it will have to register with the Company and create an authenticated account (“Account”). User shall identify a user name and password and provide certain personally identifiable information of the User including without limitation, name, age, entity name, contact details, financial information etc. in order to obtain an Account with the Company.
2.3. The User further represents and warrants that:
(b) The User agrees that in order to use the Services, he/she will have to open an Account with the Company and pursuant to such registration, he/she shall have access to certain features available;
(c) The User shall use the Software and the Services for the purposes of personal educational learning and teaching only;
(d) all registration information submitted is truthful and accurate;
(e) the User is neither a competitor of the Company nor using the Services for reasons that are in competition with the Services of the Company;
(f) User is entitled to submit the information to the Company and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights;
(g) User will maintain the accuracy of such information;
(h) Use of the Services does not violate any applicable law; and
(i) User shall not stalk or harass any other User of the Services.
3. Restrictions on Use
3.1. User may not:
(a) remove any copyright, trademark or other proprietary notices from any portion of the Software and Content;
(b) reproduce, copy, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Software and Content except as expressly permitted by the Company and licensors of the Content;
(c) decompile, attempt to derive source code, reverse engineer or disassemble the Software except as may be permitted by applicable law;
(d) link to, mirror or frame any portion of the Services or Content;
(e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Software or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;
(f) attempt to gain unauthorized access to or impair any aspect of the Software or its related systems or networks or Services or the Content;
(g) commit jail breaking or rooting of the operating system(s) of the User’s device consequently leading to the non-performance of the Software; or
(h) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Software, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing” etc.
3.2. In addition to the above, the Users shall not:
(a) reformat or frame any portion of the features/ modules that are part of the Software;
(b) create User accounts under fraudulent pretenses;
(c) submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company;
(d) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
(e) take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Company;
4. Remedies with Company
4.1. User understands and agrees that the Company may review any Posted Materials on/ through the Software, and in case the Company finds, at its sole discretion, that the User violates any of these Terms especially Clause , then it reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending communication or content from the Software and/or terminating the registration of such violators and/or blocking their use of the Services.
4.2. The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.
4.3. The User acknowledges that in no event shall the Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of the User or anyone else in connection with the use of the Services.
5. Digital Store
5.1. In order to use and have access to additional Content from plurality of Publishers and various other products/ services through an e-store (“Digital Store”), the User may need to purchase such Content, products and/ or Services, which will be licensed for certain limited period (“Subscription Period”), as chosen by the User (“Subscription”). The User shall be charged such fee at the time of purchase for the Subscription Period (“Subscription Fee”), as available on the Digital Store, which is subjected to amendment from time to time, at the Company’s discretion.
5.2. Subject to payment of such Subscription Fee and these Terms, the Company grants to the User, a non-exclusive, revocable and limited license to access and use the purchased Content on his/her personal device.
5.3. The Subscription will be effective from the date of purchase of the Content till the last date of the Subscription Period. The User acknowledges that it is his responsibility to re-purchase the Subscription if he wishes to have access, upon completion of the Subscription Period.
6. Intellectual Property Rights
6.1. User acknowledges and agrees that the Company or Company’s licensors own all legal rights, titles and interests in and to the Software, Content and certain other features such as Digital Store, including any intellectual property rights which subsist in the Software, Content and Services, whether those rights happen to be registered or not, and wherever in the world those rights may exist. Various Content available through the Software is the copyrighted work and such applicable intellectual property of multiple Business Partners and/ or Publishers and the Company holds a valid license over it to publish the same through the Software.
6.2. The Company acknowledges and agrees that unless otherwise specified in any other document pertaining to specific content, that it obtains no right, title or interest from the User under these Terms in or to any Posted Materials on, or through, the Software, 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 Company agrees to otherwise in writing, User agrees that he/she is responsible for protecting and enforcing those rights and that Company has no obligation to do so on User’s behalf.
6.3. User agrees that he/she 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 Software.
6.4. User agrees that in using the Services, he/she 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.
7. Copyright Complaint
If a copyright/ intellectual property owner or an agent thereof believes that any User content or Posted Material or other content on the Software infringes upon their copyrights or other intellectual property, kindly contact the Company, at firstname.lastname@example.org
8. Confidential Information
8.1. User may be given access to certain non-public information relating to Software and specifications of the Software (“Company’s Confidential Information”), which is confidential and proprietary to the Company. User may use Company’s Confidential Information only as necessary in exercising rights granted to them in this Agreement.
8.2. User agrees that he/she will not disclose Company’s Confidential Information without Company’s prior written consent.
8.3. User agrees that he/she will protect Company’s Confidential Information from unauthorized use, access, or disclosure in the same manner that User would protect User’s own confidential and proprietary information of a similar nature and in any event with no less than a reasonable degree of care.
8.4. Company’s Confidential Information includes, without limitation:
(a) all technology, programming, specifications, materials, guidelines and documentation relating to the Software;
(b) Company’s Application Program Interface (“API”) Data; and
(c) any other information designated in writing by the Company as "Confidential" or an equivalent designation.
8.5. Company’s Confidential Information does not include information that:
(a) has become publicly known through no breach by User;
(b) has been independently developed without access to Company’s Confidential Information, as evidenced in writing;
(c) has been rightfully received by User from a third party who has the lawful right to disclose such information; or
(d) is required to be disclosed by law or by a governmental authority.
9. Username and Password
9.1. Company acknowledges that it employs industry standard security protocol to ensure that the information which Users store in, transmit or transfer/share through the Software is protected. The Software is hosted on a secure server. Access to data is protected by password by the database server, which only accepts connections from the web server, and all the information transmitted from the User’s account to the web server are secured by industry standard transport layer security, specifically server-side SSL.
9.2. The User will select a username and password when completing the registration process and to open an Account. The User will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her Account.
9.3. The User agrees to:
(a) notify the Company immediately of any unauthorized use of his/her Account or any other breach of security; and
(b) ensure that the User has logged off from his/ her Account at the end of each session.
9.4. The Company will not be liable for any loss or damage arising from your failure to comply with this clause.
10. Conditions for Registration
As a condition to register with the Company to use the Software, the User agrees that:
(a) these Terms are binding and enforceable against him/her and the parent or guardians of the User in case the User is a minor;
(b) To the extent that the User is an individual accepting these Terms on behalf of an entity, such individual has the right and authority to agree to all of the terms set forth herein on behalf of such entity;
(c) User will keep his/her contact information accurate and up-to-date;
(d) User will not provide any false personal information to Company, or create an Account for anyone other than himself/herself without permission; unless in case of a minor student, in which case the parents/legal guardians may create an account for the minors’ benefit, with proper notification to the Company;
(e) If Company disables User’s account, User will not create another one without Company’s permission; and
(f) User will not share his/her password or do anything else that might jeopardize the security of his/her account and other’s account.
11.1. The Company reserves the right to add to or alter these Terms from time to time, and each such modification shall be effective upon notification.
11.2. The Company will inform its Users of such additions/alterations through e-mails, messages to User’s account on the Software, notices posted on or through other means available through Services. These additions/alterations will not apply retroactively and will become effective from the date they are posted on the website.
11.3. Additions may be in the form of supplemental terms which may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Service(s). Supplemental terms shall be deemed a part of the Terms for the purposes of the applicable Service(s). Supplemental terms shall prevail over these Terms in the event of a conflict with respect to the applicable Services.
11.4. Continued use of the Services following any such modification constitutes User’s acceptance to be bound by these Terms as so modified. It is therefore important that User reviews these Terms regularly. If User does not agree to be bound by these Terms and to abide by all applicable laws, he/she must discontinue use of the Services immediately.
12. Term and Termination
12.1. These Terms shall remain in full force and effect unless and until User’s account is terminated as provided herein.
12.2. Any licenses contained in these Terms will terminate automatically without notice if User fails to comply with any provision of this Agreement.
12.3. The Company further reserves the right to terminate this agreement or discontinue the access to the Software or any portion or feature thereof for any or no reason and at any time without liability to the User.
12.4. User may also terminate this agreement for any or no reason and at any time by deleting the Software from his/her device and destroying all the proprietary material. Upon such termination for any reason, User shall cease to have access to the Software and to the use of any Company’s specifications.
12.5. User shall delete all copies of the Software, Company’s specifications and Company’s Confidential Information and shall further cease and desist from distributing or developing the Software, specifications and information.
12.6. The Company will not be liable for any costs, expenses, or damages as a result of the termination of this Agreement.
12.7. Sections 4, 8, and 15 through 19 of these Terms shall survive following any termination of this Agreement.
13. Third Party Content
The Software may contain features and functionalities that allow access to third party content, including e-books, teacher specific lessons, pre-loaded tests, websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the internet as a whole. Any such activities, and any terms associated with such activities, are solely between User and the applicable third party. User should make whatever investigation he/she may feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. Users are solely responsible for their dealings with any third party, including the use of applications or services and the delivery of and payment for products and services. If User has any problems resulting from use of any third party services, or suffers data loss or other losses as a result of problems with any of other service providers or any third-party services, the Company shall not be responsible for the same. The Company has no control over and assumes no responsibility for the content, privacy policies, or practices of any third party websites.
14. Uploading Content and Review
The Software may allow the User to submit e-books, modules, test material, course based content and other related information (“Submissions”) which may be hosted, shared or published as part of the Services, and may be visible to, accessed and used by other Users. The User represents that he/ she shall be solely responsible for the Submissions made and for the consequences of uploading them. The Company is only acting as a repository of data, Submissions and those Submissions do not represent the views of the Company and Company makes no guarantee as to the validity, accuracy or legal status of any Submissions.
15.1. These Terms shall be governed by and interpreted and construed in accordance with the laws of Malaysia. User will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law of Malaysia
15.2. If anyone brings a claim related to User’s actions, content or information on the Software, User will indemnify and hold the Company and its suppliers of content and technology for the products licensed on the Software harmless from and against all damages, losses, claims and expenses of any kind, including reasonable legal fees and costs, related to such claim arising out of or in any way related to any use of the Software and Services, or of any content, data or documentation received through the Software by Users, regardless of the form of action. Although the Company provides rules for User conduct, the Company does not control or direct Users’ actions on the Software through his/her account and is not responsible for the content or information Users transmit or share on or use in the Software. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information User may encounter on the Software. The Company is not responsible for the conduct, whether online or offline, of any User.
16. Disclaimer and Limitation of Liability
16.1. THE COMPANY TRIES TO KEEP THE SOFTWARE, BUG-FREE, AND SAFE, BUT THE USER AGREES TO USE IT AT HIS/HER OWN RISK. THE COMPANY IS PROVIDING THE SERVICES AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
16.2. THE COMPANY DOES NOT GUARANTEE THAT THE SOFTWARE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SOFTWARE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS.
16.3. THE COMPANY DOES NOT WARRANT THAT: (A) THE SOFTWARE WILL MEET THE USER’S REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) ANY INFORMATION THAT THE USER MAY OBTAIN FROM THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY THE USER THROUGH THE SERVICES WILL MEET HIS/HER EXPECTATIONS; (E) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED; OR (F) THE METHOD OF DELIVERING ANY INFORMATION THROUGH THE SERVICES WILL BE RELIABLE OR ERROR_FREE.
16.4. THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT OF VARIOUS PUBLISHERS, INFORMATION, POSTED MATERIAL, SUBMISSIONS OR DATA OF THIRD PARTIES, AND USER RELEASES THE COMPANY, COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THE USER HAS AGAINST ANY SUCH THIRD PARTIES.
16.5. THE COMPANY WILL NOT BE LIABLE TO USER FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR WEBSITE.
16.6. IN CERTAIN JURISDICTIONS, APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO USER. IN SUCH CASES, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE COST OF THE SOFTWARE PROVIDED TO THE USER. THE USER MAY NOT, IN ANY EVENT BRING ANY CLAIM OR CAUSE OF ACTION AGAINST THE COMPANY MORE THAN TWO (2) MONTHS AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
16.7. THE COMPANY IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF COMMUNICATION ON ACCOUNT OF TECHNICAL PROBLEMS, OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB OR IN CONNECTION WITH THE SERVICE.
16.8. THE COMPANY AND ITS CONTENT SUPPLIERS FOR THE PRODUCTS SHALL NOT BE LIABLE FOR ANY LOSS OR CLAIM OF ANY KIND RESULTING FROM, ARISING OUT OF, OR ANY WAY RELATED TO (A) ERRORS IN OR OMISSIONS FROM ANY LICENSED PRODUCT AND ITS CONTENT, INCLUDING TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; OR (B) THE UNAVAILABILITY OF ANY PRODUCT; OR (C) ANY USE OF ANY PRODUCT; OR (D) ANY USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY PRODUCT; OR (E) ANY RELIANCE ON THE INFORMATION CONTAINED IN THE PRODUCTS OR IN ANY CUSTOMER SUPPORT/USER SUPPORT INFORMATION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16.9. IN NO EVENT WILL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS, GOODWILL OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SOFTWARE, COMPANY SPECIFICATIONS, CONTENT, OR OTHER COMPANY PRODUCTS AND SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THE FOREGOING LIMITATIONS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. IN ANY CASE, THE COMPANY’S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE AGGREGATE FEES YOU PAID FOR ACCESS TO THE APP IN THE LAST YEAR.
17. Force Majeure
The Company shall not be liable for any failure to perform any part of its obligations under this agreement where such failure is due to fire, flood, power outages, strikes, labor troubles or other industrial disturbances, inevitable accidents, war (declared or undeclared), acts of terror, commercially unreasonable hostile acts by a third party with respect to the products, embargoes, blockages, legal restrictions, governmental regulations or orders, riots, insurrections, or any cause beyond the control of such party. However, the Company shall use diligent efforts to resume performance. This agreement shall not be regarded as terminated or frustrated as a result of such failure of performance that does not exceed six (6) months, and the parties shall proceed under this agreement when the causes of such non-performance have ceased or have been eliminated.
18. Contact Us
If there are any questions regarding these Terms of the Services, the User may send us an email at email@example.com
19.1. These Terms make up the entire agreement between the parties regarding the Services, and supersedes any prior agreements or understandings.
19.2. The appropriate fees for the access to the Software and Services provided by the Company shall be cumulative of various fee as per the features and modules opted by the User, especially the schools and other educational institutions (“Fee”). The Fee shall be collected by the Company, as advance at the time of registration including all applicable taxes.
19.3. If any portions of these Terms are found to be unenforceable, the remaining portion will remain in full force and effect.
19.4. The Company’s failure to require performance of any provision of these Terms, or to exercise any right provided for herein, shall not be deemed a waiver of such provision or such right.
19.5. Any amendment to or waiver of these Terms must be made in writing and signed by the Company.
19.6. User will not transfer any of User’s rights or obligations under these Terms to anyone else without the Company’s consent.
19.7. All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
19.8. Nothing in these Terms shall prevent the Company from complying with the applicable laws.
19.9. These Terms do not confer any third party beneficiary rights.
19.10. The Company reserves all rights not expressly granted to User.
19.11. If under any law, User is entitled or obligated to act contrary to these terms, User consents to provide the Company with a comprehensive explanation of the reasons for such act in writing at least 30 days before User acts in such manner.
19.12. User will comply with all applicable laws when using or accessing the Services.