Terms of Use
Updated on 28 September 2021
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 “Trainer” 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 51 ANSON ROAD, 07-59 ANSON CENTRE, SINGAPORE 079904 (“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 eduJournal 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 https://www.edujournal.com/Privacy-Policy
d) “Services” means the services provided by the Company through the Platform including but not limited on-boarding of Trainers and Users, uploading of training material, bookings and payments related thereto, viewing or listening to training sessions, virtual training sessions with Trainers and services ancillary thereto made available through the Platform.
e) “Trainer” means the individual who uses the Platform to impart training or knowledge of any type. This may include individual trainers or training institution.
f) “Website” means eduJournal.com and all its sub domains which can be accessed on a mobile or a computing device;
g) “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;
h) “User Information” means any and all information, documents provided by the User or Trainer, 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’s 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 Trainers
a) You undertake to provide all such information as the Company may require, in order for the Company to verify your credentials and qualifications. You acknowledge and understand that your on-boarding as a trainer, is at the sole discretion of the Company.
b) You are responsible for updating all details related to your course offerings and your credentials. You present and warrant that all information being provided by you, is accurate and complete.
c) You undertake that all training material that you upload or you shall be owned or duly licensed by you. At the request of the Company you shall provide all required certifications or licenses that evidence your right to use the training material.
d) You agree and acknowledge, 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 (other than content provided by you) and functionalities shall vest solely with the Company or its licensors. Save for the limited right to access and use the Platform to provide the training materials 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.
e) By uploading content on the Platform either through the Website or the Applications, you are granting the Company a worldwide, irrevocable, perpetual, royalty free licenses to host and make available the content to Users of the Platform for the purpose of availing of the Services on such terms as the Company deems fit. You are free to update, modify or remove any content. The terms of this license shall extend to any updated or modified content that you may upload.
f) You have no right to make any copies of whole or part of the Platform or any of the contents therein. 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.
g) You hereby undertake to indemnify or hold harmless the Company, its officers and employees, harmless from and against any claims, losses and damages arising from the your content, training material or training sessions being provided through the Platform or Services.
h) All payments and charges shall be as per the pricing plans agreed with the Company.
i) 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.
4) Terms for Users
a) You understand that as a User, you may take sessions which may be one-to-one and/or group sessions. Using the Platform through the Website or Application may require users to use their camera/microphones/speakers on their electronic devices for accessing these sessions or communicating with the trainers or otherwise to share information. You hereby acknowledge, understand, and provide your consent out of your own freewill with respect to sharing of live video(s), video(s), photos(s) or audio(s) with Us, and understand the reasonable risk associated with it.
b) 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.
c) 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 an “as-is” basis.
d) Any bookings that you make with any trainer, constitutes an agreement between the Trainer and you, for you to avail of the training content and training to be provided by the Trainer. The Company is not a party to this agreement and will not be responsible in any manner for anything connected to this agreement. The Company acts an intermediary between Trainer and you to facilitate the bookding, processing payment and carrying out tasks which are incidental to process the transaction.
e) Any cancellation, re-booking, no-shows, refunds shall be addressed as per the terms specified by the Trainer. If no terms are specified by the Trainer, no cancellations, rescheduling or refunds shall be permitted. We only facilitate the payment process through our third party partners. We shall not be responsible in any manner for any refunds. Any booking fees charged by us, shall at all times be non-refundable.
f) 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.
g) You will use the Platform and any information available in accordance with all applicable laws and regulations.
h) 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 at [insert link]. You acknowledge that the payment processing shall be done through third party payment system vendors.
i) 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.
j) 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.
k) You have no right to make any copies of whole or part of the Platform or any of the contents therein.
l) 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.
6) 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 Trainer, 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) All training courses and content provided by Trainers are provided directly by the Trainer. We do not assume any responsibility for the quality, content or efficacy of the training.
d) While we will use reasonable care in performing our Services, however we will not verify or guarantee, all information provided by Trainers or Users are accurate, complete or correct, nor can we be held responsible for any errors in any information or material provided.
e) 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.
f) All content or information available in the Platform, are provided “as is” 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.
g) 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.
7) 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.
8) 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.
In no event shall the Company be responsible or liable for any acts, omissions of the Trainers or Users or for any willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the Trainer.
9) 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’s 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.
