Terms of Use
Effective Date: April 6th, 2020
PLEASE READ THESE TERMS AND CONDITIONS (TERMS) BEFORE USING THE SERVICES (AS DEFINED BELOW). By using the Singapore Maths Club online program (“Program”), you agree to be bound by these terms of use (“Terms of Use”). This Program is owned and controlled by Singapore Maths Club, LLC, a Washington limited liability company (“Singapore Maths Club,” “our,” “we,” or “us”). THESE TERMS OF USE AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT REGISTER OR USE THE PROGRAM.
1. Your User License.
We grant you a limited, nonexclusive, nontransferable license to access the Program and its content for your personal, noncommercial use according to these Terms of Use. If you are under age 18, you may use this Site only with your parent's or guardian's consent.
2. Limits of Your Use.
You must use this Program only for a lawful purpose. You must not take any action that may compromise the confidentiality or proprietary content of this Program, as laid out in the Confidentiality and Proprietary Agreement. You must not try to access content that is not intended for you. You agree not to use this Program in any way that might interfere with the rights of Singapore Maths Club.
This Program displays text, photos, drawings, video, trademarks and other kinds of content. All of this, including its organization, selection, and arrangement, as well as various software or programming within or related to this Program, belong to Singapore Maths Club. No content from the Program may be modified, copied, reproduced, republished, downloaded, posted, displayed, transmitted, performed, licensed, used to make a derivative work, transferred, sold or distributed without Singapore Maths Club’s prior written consent.
3. Tuition Payments
Singapore Maths Club offers different types of payment options for our students. Tuition payment can be made online, over the phone, or in person.
4. No-Refund Policy
Singapore Maths Club has a strict no-refund policy which has been in place since our inception. This is in place to allow the waiver of registration and other ancillary fees.
5. Indemnity.
You agree you are personally responsible for your use and behavior on this Site. This includes the use and behavior of your student. You agree to indemnify, defend and hold harmless the Singapore Maths Club Parties (defined below) from and against all claims,
liabilities, losses, expenses, injury or damage to persons or property, money damages and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), reasonable attorneys’ fees and costs of government inquiry or investigation, resulting from or arising out of or in any way connected with any of the following: (i) your breach or alleged breach of these Terms of Use; (ii) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities; or (iii) your visit, use, misuse, inability to use or interruption in service of this Site. You will cooperate as fully required by Singapore Maths Club in the defense of any claim. Singapore Maths Club reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Singapore Maths Club.
6. Terms of Use.
We reserve the right to refuse access to the Program, as well as, materials and content to anyone for any reason at any time. We reserve the right in our sole discretion to change these Terms of Use from time to time (“Updated Terms of Use”). You agree that we may notify you of the Updated Terms of Use by posting them on this Site, and your use of this Site after the effective date of the Updated Terms of Use constitutes your agreement to the Updated Terms of Use. You should review these Terms of Use and any Updated Terms of Use before using this Site. The Updated Terms of Use will be effective as of the time of posting and will apply to your use of this Site from that point forward.
7. Intellectual Property
This Site contains content owned or licensed by Singapore Maths Club (“Materials”). Materials are protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Singapore Maths Club, Singapore Maths Club owns and retains all rights in the Materials and the Program. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Materials and you will not reproduce, modify, adapt, prepare derivative works based on, display, distribute, sell, license or otherwise exploit the Materials.
8. Warranty Disclaimer
YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK. THE PROGRAM AND THE SINGAPORE MATHS CLUB MATERIALS ARE PROVIDED “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS,” AND WITH NO WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SINGAPORE MATHS CLUB NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS, REPRESENTATIVES, OR AGENTS (COLLECTIVELY, THE “SINGAPORE MATHS CLUB PARTIES”) MAKES ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (I) THE PROGRAM, OR (II) MATERIALS. IN ADDITION, THE SINGAPORE MATHS CLUB PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. THE SINGAPORE MATHS CLUB PARTIES DO NOT REPRESENT OR WARRANT THAT THIS SITE IS OR WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE OR THE SERVER THAT MAKES THIS SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. THE SINGAPORE MATHS CLUB PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON THIS SITE IS ACCURATE, COMPLETE, OR USEFUL. THIS SITE IS HOSTED IN CALIFORNIA, AND THE SINGAPORE MATHS CLUB PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE SINGAPORE MATHS CLUB PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS OF USE. BY ACCESSING OR USING THIS SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THIS SITE.
9. Limitation of Liability.
IN NO EVENT WILL THE SINGAPORE MATHS CLUB PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (I) THIS SITE, (II) THE MATERIALS, (III) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THIS SITE, (IV) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE SINGAPORE MATHS CLUB PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THIS SITE, (V) ANY ERRORS OR OMISSIONS IN THIS SITE’S OPERATION; OR (VI) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY IN CONNECTION WITH USE OF THIS SITE, EVEN IF FORESEEABLE OR EVEN IF THE SINGAPORE MATHS CLUB PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SINGAPORE MATHS CLUB PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OR ACTION EXCEED ONE THOUSAND DOLLARS ($1,000).
10. Equal Opportunity.
Singapore Maths Club conducts our business on an equal opportunity basis. We do not discriminate in any manner prohibited by law.
11. Interpretation.
These Terms of Use are governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice of conflict provision or rules. Headings in these Terms of Use are for convenience only and shall not control, limit, amplify or otherwise modify or affect these Terms of Use or the meaning and construction of these Terms of Use. These Terms of Use are to be interpreted according to their fair meanings, and not strictly in favor of or strictly against either you or us.
12. Interactive Site; Venue.
This is a interactive website that provides interaction, in the form of access to lessons, and online video lessons, between you and the content of the Program. By accessing the Program, you are electing to visit us at our host location in Washington. By contacting us through the Program, you are directing your communication to us in Washington. You accept jurisdiction in Washington over any dispute that may arise from your accessing, visiting or using the Program. Any controversy or dispute arising out of your use of the Program shall be submitted exclusively to the Federal and State Courts located in Washington, and you irrevocably submit to the exclusive jurisdiction of such courts and waive any objection based on improper venue or inconvenient forum.
13. Time Limit to Make a Claim.
You agree that any claim you may have arising out of or related to your relationship with Singapore Maths Club must be filed within the shorter of (i) one year after such claim arose; and (ii) whatever time limit the law by itself would allow. If your claim is not brought within such time, your claim is permanently barred.
14. Entire Agreement.
These Terms of Use constitute the entire agreement between you and Singapore Maths Club and governs your use of the Program, superseding any prior agreements between you and Singapore Maths Club. If any provisions of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed removed and shall not affect the validity and enforceability of the remaining provisions. These Terms of Use do not confer any third-party beneficiary rights.
15. Privacy.
Your use of the Program is subject to our Privacy Policy. Please see our Privacy Policy for further information.
16. Suggestions/Ownership.
If Singapore Maths Club receives suggestions on this Site for lesson improvements or any other material, ideas, concepts, know-how, techniques, questions or comments of any kind, the information sent will be treated as non-proprietary and non-confidential and will become the property of Singapore Maths Club for use without any compensation to the sender.
17. Contact Us.
If you have questions or comments about these Terms of Use, please contact us.