TERMS OF USE FOR WEBSITE AND APP
1. Agreement to Terms
1.1 All access of any area of https://www.a-smartlearning.com (“Website”), the A-SLS mobile application (“App”) and any e-learning resources via the Website or the App is governed by the terms and conditions below (“Terms”). If you do not accept any of these Terms, please exit from the Website and/or App immediately. Continue only if you accept these Terms.
1.2 In these Terms, the words “we”, “our” and “us” refer to ILCE Private Limited, the operator of the Website and the App. We are registered in Singapore under company number 20160535G.
2. Access to the Website and App
2.1 Our Website and App are currently directed to the general public in Singapore although the publicly available content on the Website and App is accessible by everyone globally. You will need an account in order to access any of your subscriptions with us (“Subscription”), your account information and any other records associated with your use of the Website and App.
2.2 We do not represent that content available on or through our Website and App is appropriate for use or available in other locations other than Singapore.
2.3 By signing up for an account, you confirm that you are above 13 years of age and fully understand these Terms.
2.4 If you are not above 13 years of age, you will need to ask your parent or legal guardian to sign up an account for you and agreeing to these Terms.
2.5 If you choose, or are provided with, a user identification code, password, or any other piece of information as part of our security procedures (“Log-in Details”), you must treat such information as confidential. You must not disclose it to any third party. Your Subscription(s) are personal to you and are non-transferable. We have the right to disable the access of any user at any time if in our reasonable opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect that anyone other than you knows your Log-in Details, you must promptly notify us at [email protected].
2.6 The accessibility and operation of the Website and/or App relies on systems, databases and technologies outside of our control. While we strive to provide the Website and/or App to you on a continuous basis and will take all commercially reasonable efforts to do so, we do not guarantee continuous accessibility or uninterrupted operation of the Website and/or App. We will not be liable to you if, for any reason, access to the Website and/or App is delayed or unavailable for any period of time. For the avoidance of doubt, the term "commercially reasonable" as used in this clause, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
2.7 With the exception of the two (2) week trial that is available for future, potential users of our service, we may at any time change, suspend, or discontinue the Website and/or App, any of its content, and/or access to part or all of it, for any reason, by providing you with one (1) months’ notice.
3. Fees
3.1 We offer Subscriptions on a monthly or annual basis. Please note that access to your Subscription will only be effective upon successful payment of the applicable subscription fees, which must be made in accordance with the following modes of payment as set out in https://subscription.a-smartlearning.com/subscribe?step=sign_in.
3.2 The applicable subscription fees will be deducted:
(a) for subscriptions on a monthly basis, on the 1st day of each billing cycle, in respect of that month’s Subscription; and
(b) for subscriptions on an annual basis, on the exact day that a user subscribes to our service.
3.3 Please note that your credit card details will have to be provided to the payment company that is providing service to us, in order for our system to process payment of the applicable subscription fees. By providing credit card details to the payment company, you confirm that you are the cardholder and are above 18 years old, or your parent or legal guardian is the cardholder and agrees to make such payment.
3.4 Your Subscription(s) will be automatically renewed, a notification via email will be sent to users who subscribe an annual package only.
(a) for subscriptions on an annual basis, the notification of renewal will be sent to the users 14 days before the last day of subscription.
(b) for subscriptions on a monthly basis, a summary of monthly account will be sent to the users.
3.5 Your Subscription(s) will be automatically renewed, deductions will be made in accordance with the schedule set out below until you cancel your subscription by going to https://subscription.a-smartlearning.com/subscription and follow the instruction of cancellation procedure:
(a) for renewals on a monthly basis, deductions will be made on the 1st day of each billing cycle, in respect of that month’s Subscription; and
(b) for renewals on an annual basis, deductions for the next year of subscription will be made at the start of every twelve (12)-month period constituting an annual Subscription.
3.6 Generally, all subscription fees paid are non-refundable unless, in our discretion, we determine otherwise.
3.7 You can cancel your subscription by going to https://subscription.a-smartlearning.com/subscription and follow the instruction of cancellation procedure. The cancellation and refund policy can be found in Clause 12.
3.8 Where we offer you discounts, rebates or other special offers, these are only valid for the term of the initial first period (if you are a new subscriber) or the next period of Subscription (if the offer pertains to the next renewal period). For the avoidance of doubt, all discounts, rebates or other special offers will only apply for one Subscription period and future renewals will be at the original full rate applicable on the date of renewal.
(a) For monthly Subscribers, the discount period will be for subscription of first ten (10)- months period;
(b) For annual Subscribers, the discount period will be for subscription of first twelve (12)-months period.
3.9 We reserve the right to increase our subscription fees for a subsequent Subscription period. In such cases, we will provide you with at least thirty (30) calendar days’ written notice prior to the expiration of the then-existing Subscription period.
3.10 If you are an educational institution and would like to explore the possibility of utilising the Website and/or the App to assist in the education of your students, please feel free to contact us for a no-obligation discussion on the possible Subscription packages that you may consider.
4. Services Offered
4.1 We offer a service that is both interactive (with the help of our IT algorithm, which is created using artificial intelligence, machine learning and big data analysis) and static. In particular, we provide:
(a) for users, an interactive learning experience whereby our system generates individualised worksheets to assist a user in identifying his or her strengths and areas for improvement in a particular subject area;
(b) for parents or legal guardians of users, the App which can be utilised to monitor a user’s real-time academic progress at one’s convenience; and
(c) for educational institutions or educators who are users, the capability to monitor the students’ learning progress, and an auto-marking feature to assess the students’ assignments.
4.2 We may from time to time provide interactive services on our Website and/or App, including, without limitation:
(a) chat rooms;
(b) bulletin boards;
(c) student forum;
(d) parents forum; and
(e) auto-marking capabilities.
4.3 Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
4.4 We will do our best to assess any possible risks for our users (and in particular, for minors) from third parties when they use any interactive service provided on our Website and/or App, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Website and/or App, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
4.5 The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool-proof. Minors who are using any interactive service should be made aware of the potential risks to them.
4.6 Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
4.7 We expressly exclude our liability for any loss or damage arising from the use of the Website and/or App by parents or legal guardians of users.
5. Accepted and Prohibited Uses
5.1 Our Website and/or App enables you to upload content which includes, but are not necessarily limited to:
(a) answers based on multiple choice questions;
(b) essay-like answers for long structured questions in text fields; and/or
(c) calculations and/or answers for short answer questions in text fields.
5.2 You must:
(a) in using the Website and/or App and any features, services, tools, directories or content offered on the Website and/or App, comply with all applicable local and international laws and regulations;
(b) not use the Website and/or App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, bugs, harmful data or any other similar computer code designed to adversely affect the operation of any computer software or hardware, into the Website, App or any other computer system;
(c) not infringe our intellectual property rights or those of any third party in relation to your use of the Website and/or App;
(d) not use the Website and/or App in a way that could damage, disable, overburden, impair or compromise our systems, databases, servers or security or interfere with other users;
(e) not collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running any features, services, tools, directories or content on the Website and/or App;
(f) not use the Website and/or App in a way that would enable unauthorised third parties from accessing the Website and/or App contents (such as by deep linking, in-line linking, mirroring, framing, or other similar forms of navigational technology);
(g) not use the Website and/or App to harm minors in any way; and
(h) not reproduce, duplicate, copy or re-sell any part of our Website and/or App in contravention of these Terms.
5.3 You must not transmit any content that contains:
(a) defamatory material of any person or persons;
(b) obscene and offensive material;
(c) sexually explicit material;
(d) discriminatory material based on race, sex, religion, nationality, disability, sexual orientation or age; and
(e) any other material objectionable in relation to your use of the Website and/or App.
6. Security
6.1 Where appropriate, we use available technology to protect the security of communications made through the Website and App. However, we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the Website and/or App.
6.2 Internet communications may be susceptible to interference or interception by third parties. Despite our best efforts, we make no warranties that the Website and/or App are free of infection by computer viruses or other unauthorised software.
6.3 You should take appropriate steps to keep your information, software and equipment secure. This includes clearing your Internet browser’s cache after using any features, services, tools, directories or content on the Website and/or App.
6.4 For more Infocomm security tips, please visit https://www.cas.gov.sg/gosafeonline/.
7. Hyperlinks and Third Party Content
7.1 We reserve the right to refer to and provide third-party content on the Website and/or App.
7.2 We do not warrant and endorse, and are not responsible or liable for the availability or content of any other third party content which is not provided, owned or operated by us, such as any other Internet website linked to or from the Website and/or App. Any link provided on the Website and/or App is solely for your convenience. These links do not constitute endorsements or recommendations. Access to any other Internet site is at your own risk.
7.3 We reserve the right to object to or disable any link or frame to or from the Website and/or App.
7.4 We reserve the right to change the URL of the Website and/or App.
7.5 For the avoidance of doubt, you will not hold us or our service providers liable for any damage or loss of any kind caused as a result (direct or indirect) of the use of any third party website or application, including, but not limited to, any damage or loss suffered as a result of reliance on the contents contained in or available from any such third party website or application.
8. Intellectual Property
8.1 All intellectual property and rights in the Website and App, including source codes, pages, documents and images, graphics, trademarks, trade names, logos, audio and video in the Website and App are protected by law. The intellectual property rights in these materials are owned by or licensed to us by third parties. All rights are expressly reserved. (ILCE Private Limited © 2016).
8.2 Apart from any fair dealings for the purposes of private study, research, criticism or review, as permitted by law, no part of the Website and App may be reproduced or reused for any commercial purposes whatsoever without our prior written permission.
9. General Disclaimer and Limitation of Liability
9.1 To the extent permitted under law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or App, or any content on it, whether express or implied.
9.2 We do not give any representations, warranties, guarantees, or any other commitments, or accept any liability, to you in respect of any content provided by you or to other users of the Website or App by third parties.
9.3 We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, loss of revenue, loss of profits, or otherwise, even if foreseeable, arising from or in connection with:
(a) any inaccuracy or incompleteness in, or errors or omissions in the information on the Website or App;
(b) you using, visiting or relying on any statements, opinion, representation or information on the Website or App;
(c) any delay in operation or transmission, communications failure, Internet access difficulties or malfunctions in equipment or software; or
(d) the conduct or the views of any person who accesses or uses the Website or App.
10. Specific Disclaimer
We provide the Website and/or App on an “as is, as available” basis and as a general educational resource only.
While we strive to assist with the learning process of our student users and the monitoring of the academic progress of these students, we are not involved in giving professional educational advice here and do not guarantee that our student users will achieve all their full academic goals.
Before relying on the information on the Website or App, you should do your own checks and obtain professional educational advice relevant to your particular circumstances. These may include obtaining the feedback of your child’s teachers on your child’s academic ability and progress or referring to the Ministry of Education’s latest syllabus and updates.
The Website and App may not cover all information available on a particular issue, and the information may not always be accurate, complete or up-to-date. The information on the Website and App is not intended to be a substitute for the advice of an educational professional. All information contained in the Website and App is for informational purposes only and is to be used at your own risk. We do not accept any responsibility for any reliance by you on the information contained in the Website or App.
11. Privacy Policy
Our Privacy Policy forms part of these terms. Please click here https://www.a-smartlearning.com/privacy to review our Privacy Policy, which explains our practice relating to the collection, use and disclosure of your personal data.
12. Cancellation, Suspension and Termination
12.1 Cancelation and Refund
(a) You have the right to cancel either monthly subscription or yearly subscription anytime within the trial period which serves as a cancellation period. You will be not charged if you cancel within the 14-day trial period;
(b) However, if you cancel the monthly subscription after the 14-day free trial period, you will not be eligible for a refund for the first month subscription. Cancellation of monthly subscription will start from the next billing cycle which means that you will not be charged from the next billing cycle;
(c) For yearly subscription, you will be eligible for a pro-rated refund for the months you use the service, subject to an administration fee of $10.70. For cancellations of yearly subscription, your yearly subscription will be converted to monthly subscription, and the number of used months will be charged based on a monthly subscription package subject to an administration fee of $10.70. If cancellation occurs within a billing cycle, it will start from the next billing cycle.
12.2 We reserve the right to refuse to renew your Subscription if we are unable to process your
Subscription due to your payment details being inaccurate or outdated.
12.3 We will determine, in our reasonable discretion, whether there has been a breach of these Terms
through your use of the Website and/or App. When a breach of these Terms has occurred, we
may take such action as we deem appropriate.
12.4 Failure to comply with these Terms constitutes a material breach and may result in our taking all
or any of the following actions:
(a) Immediate, temporary or permanent withdrawal of your right to use our Website and/or
App;
(b) Immediate, temporary or permanent removal of any posting or material uploaded by
you to our Website and/or App;
(c) Issue of a warning to you;
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis
(including, but not limited to, reasonable administrative and legal costs) resulting from
the breach;
(e) Further legal action against you; and/or
(f) Disclosure of such information to law enforcement authorities as we reasonably feel is
necessary.
12.5 We exclude liability for actions taken in response to breaches of these Terms. The responses
described in these Terms are not limited, and we may take any other action we reasonably deem
appropriate.
13. Indemnity
By using the Website and/or App, you agree to indemnify and hold us and our directors, officers, employees, affiliates, agents, contractors and licensors harmless in respect of any claims arising out of: (i) your breach of these Terms, (ii) your use of the Website and/or App, or (iii) any action taken by us as part of our investigation of a suspected breach of these Terms or as a result of a finding or decision that a breach of these Terms has occurred. This shall include, but not be limited to, our legal costs, expenses and/or damages arising in respect of the abovementioned claims.
14. Waiver
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, of it we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
15. Variation of Terms
15.1 We may revise these Terms at any time by updating this page. You should visit this page from time to time to review the Terms because they are legally binding on you.
15.2 We may modify or discontinue any features, services, tools, directories or content that form part of the Website and App at any time, with or without notice, and without liability.
16. Governing Law and Jurisdiction
16.1 The use of the Website and/or App, and the Terms, shall be governed by and interpreted in accordance with the laws of Singapore.
16.2 Any dispute arising out of or in connection with the Terms, including any question regarding its existence, validity or termination, shall first be submitted to the Singapore Mediation Centre for resolution by mediation in accordance with the Mediation Procedure of the Singapore Mediation Centre for the time being in force. The parties agree to participate in the mediation in good faith and undertake to abide by the terms of any settlement reached. If parties fail to reach a settlement, the dispute shall be referred to and finally resolved by the courts of Singapore (which shall also include the Small Claims Tribunal).
17. Feedback / Contact Us
Please contact us at [email protected] if:
(a) you find any incorrect, not working, or wish to provide feedback about the Website and/or App, or its contents;
(b) you have any queries relating to the use of the Website and/or App or these Terms; or
(c) you would like to provide us with any notifications pursuant to these Terms.
We will endeavour, but do not promise, to respond within [seven (7) days] of receiving your query.
Effective date: [July 2017]
Last updated: [July 2017]
