Terms And Conditions Of Service
ScaffoldLearn websites (“Websites”) and mobile applications, including the and related services (together with the Websites, the “Service”) are operated by Three Learning Pte. Ltd., a company incorporated in the Republic of Singapore, (“ScaffoldLearn,” “us,” or “we”). The Services are provided subject to the following Terms of Services (“TOS”), which may be updated by us from time to time without notice to You. If you do not agree to abide by these Terms and Conditions, you are not authorized to use, access or participate in the Service.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, OR USING THE WEBSITE OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE TERMS AND CONSIDITIONS, AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY NECESSARY TO BIND YOURSELF, OR THE CHILD ON WHOSE BEHALF YOU REGISTER, TO THE TERMS AND CONDITIONS. IF AT ANY TIME YOU DO NOT AGREE TO ALL SECTIONS OF THE TERMS AND CONDITIONS, YOU ARE NO LONGER GRANTED A LICENSE TO USE THE WEBSITE OR THE SERVICES AND MUST DISCONTINUE ALL YOUR USE OF THE WEBSITE AND THE SERVICES.
2. DESCRIPTION OF WEBSITE AND SERVICE
ScaffoldLearn allows users to access and use its Service to learn and retain key skills and knowledge of the educational Subjects which Users have subscribed to. ScaffordLearn may, in its sole discretion and at any time, update, change, suspend, make improvements to or discontinue any aspect of the Service, temporarily or permanently.
In order to use the Services, you must have access to the Internet, either directly or through devices that access web-based content. In addition, you must provide all equipment necessary and charges assessed in order to connect to the Internet.
3. YOUR ACCOUNT
In connection with registering for and using the Service, You represent that (a) You have not been previously suspended or removed from the Service by ScaffoldLearn or its agent; (b) You are the parent or guardian registering on behalf of Your child, or Your parent and/or guardian has consented to Your use of Service; and (c) Your registration and Your use of the Service or their use by the child on whose behalf You have registered is and will be in compliance with any and all applicable laws and regulations.
The information you provide to ScaffoldLearn, whether on registration or at any other time, will be true, accurate, current, and complete. You will ensure that this information is kept accurate at all times.
4. AUTHENTICATION SERVICE.
5. SUBJECTS SUBSCRIPTION ACTIVATION
Upon registration, you will be able to purchase access to Subjects for the stated subscription period, either via the In-App purchase or ScaffoldLearn website. You will pay the price and applicable taxes that ScaffoldLearn is required to collect for your use of the Service.
6. SUBJECTS SUBSCRIPTION RENEWAL
ScaffoldLearn does not automatically charge you the Subjects subscription renewal fees at the end of the expiry of your Subjects subscription period. Depending on how you first subscribed to the Subjects, the renewal process will be as follows:
a. ScaffoldLearn Website. An email notification will be sent to you to notify you of the pending expiry. You may go to ScaffoldLearn website, login and renew your subscriptions. In this case, you are solely responsible for your Subjects subscription renewal.
b. In-App Purchase. If you purchase an auto-renewing periodic subscription via the In-App purchase (Google Playstore or Apple Store), your ScaffoldLearn Subjects subscription will be billed continuously for the subscription until you terminate it as set forth below. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your ScaffoldLearn account and follow instructions to terminate or change your subscription, even if you have deleted your account.
c. Subject Activation Code. An email notification will be sent to you to notify you of the pending expiry. You may go to ScaffoldLearn website, login and renew your subscriptions. In this case, you are solely responsible for your Subjects subscription renewal.
If the Subjects are not renewed upon its expiry, your access to the Subjects will be suspended. However, all your learning records and processes will be retained in ScaffoldLearn for a period of up to 2 years from the expiry date. You will be able resume Your progress once you renew the subscription.
7. PAYMENT PROCESSORS
8. REFUND POLICY
In the event that ScaffoldLearn suspends or terminates your use of the Service or these Terms and Conditions or you close your account voluntarily, you understand and agree that you will receive no refund or exchange of any kind, including for any unused virtual currency or other Virtual Item, any Content or data associated with your use of the Service, or for anything else.
ScaffoldLearn owns all right, title and interest in the Website and the Service, including designs, text, graphics, images, information, software, audio and other files, and their selection and arrangement (“Service Content”). All rights not expressly granted hereunder are reserved by ScaffoldLearn. Except for the limited licenses expressly granted herein, you have no right, title, or interest in any intellectual property owned or licensed by ScaffoldLearn including, but not limited to, the ScaffoldLearn trademarks. Any rights granted hereunder are granted solely to you.
Unless indicated as being in public domain, all content provided by ScaffoldLearn are protected by relevant intellectual property and proprietary rights and applicable laws. Subject to the Terms and Conditions, you are hereby granted a limited, nonexclusive, freely revocable license to use the Website and the Services. All rights not expressly granted to you herein are reserved by ScaffoldLearn.
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SCAFFOLDLEARN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. SCAFFOLDLEARN MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, EVEN IF SUCH ARE REPORTED TO STUDYPUG.
C. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF OR ACCESS TO ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCAFFOLDLEARN, OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS.
12. LIMITATION OF LIABILITY
SCAFFOLDLEARN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SCAFFOLDLEARN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OF, OR THE INABILITY TO USE, THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES.
13. LIMITATION OF DAMAGES
IN NO EVENT WILL THE TOTAL LIABILITY OF SCAFFOLDLEARN OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS AND CONDITIONS OR YOUR USE OF THE WEBSITE OR THE SERVICE OR OTHER USERS (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE WEBSITE AND/OR THE SERVICES DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS LESS.
14. INDEMNIFICATION OF SCAFFOLDLEARN
You agree to defend, indemnify and hold harmless ScaffoldLearn and its directors, officers, employees, contractors, agents, suppliers, licensors, successors and assigns, from and against any and all losses, claims, causes of action, obligations, liabilities and damages whatsoever, including attorneys’ fees, arising out of or relating to your access or use of the Service, any false representation made to us (as part of these Terms and Conditions or otherwise), your breach of any of these Terms and Conditions, or any claim that any translation we provide to you is inaccurate, inappropriate or defective in any way whatsoever.
ScaffoldLearn may terminate your access and use of the Service immediately at any time, for any reason, and at such time you will have no further right to use the Service. You may terminate your ScaffoldLearn account at any time by following the instructions available through the Service. The provisions of these Terms and Conditions relating to the protection and enforcement of ScaffoldLearn’s proprietary rights, your representations and warranties, disclaimer of representations and warranties, release and indemnities, limitations of liability and types of damages, ownership of data and information, governing law and venue, and miscellaneous provisions shall survive any such termination.
ScaffoldLearn is a trademark of ScaffoldLearn.
18. GOVERNING LAW AND ARBITRATION
These Terms and Conditions, its subject matter and ScaffoldLearn’s and your respective rights under these Terms and Conditions, as well as and any claim, cause of action or dispute (“claim”) arising out of or related to these Terms and Conditions, shall be governed by and construed under the laws of the Republic of Singapore, excluding the conflict of law provisions of that or any other jurisdiction, regardless of your country of origin or where you access the Service. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS AND CONDITIONS OR THE SERVICE WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for ScaffoldLearn’s right to seek injunctive relief as set forth below. Unless otherwise expressly required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party in the arbitration proceeding.
This agreement was originally written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.