Overview
This website is operated by Edufrienz 99. These Terms of Use (“Terms”) are a legal contract between you and edufrienz.com (“us” or “our” or “we” or “edufrienz.com”) and govern your use of all the text, data, educational materials, information, software, graphics, photographs and other materials (all of which are referred to as “Materials”) that we and our affiliates may make available to you through this website and/or any services we may provide through our website or our Mobile Applications, or any other website, app or online service which links to these Terms of Service (the website, services and Mobile Application are referred to collectively in these Terms as the “Service”). If you are agreeing to these Terms as a representative of a school or other entity, you represent that you have the authority to bind that entity and “you” herein refers to that entity.
Acceptance of Terms
Edufrienz 99 provides services to you subject to the following Terms of Use, which may be amended by us from time to time with no notice to you. When using any Edufrienz 99 service you are also subject to any rules or guidelines which may be posted, or emailed from time to time. All such rules or guidelines are hereby incorporated by reference into the Terms of Use. You should check this page regularly to take note of any changes we may have made to the Terms of Use.
Your continued use of the Website constitutes an affirmative, acknowledgment and agreement by you that you accept and agree to abide and be bound by these Terms of Use and any amendments.
These Terms of Use will be governed by and construed in accordance with the laws of Singapore. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Singapore. If any provision of this agreement is found to be invalid or unenforceable by a court of law, that clause will be severed from these Terms of Use and such invalidity or unenforceability will not affect the remainder of the Terms of Use which will continue in full force and effect.
Accuracy of Information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
Neither Edufrienz 99, its related bodies corporate nor its or their directors or employees make any representation or warranty that (i) any material on the Website will be reliable, accurate or complete (nor do they accept any responsibility arising in any way for errors in, or omissions from that material); or (ii) your access to the Website will be uninterrupted, timely or secure. Edufrienz 99 will not be liable for loss resulting from any action or decision by you in reliance on the information on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to confirmation of the order price.
In order to contract with Edufrienz 99 you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. Edufrienz 99 does not sell services to children and retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Edufrienz 99 or may in some cases be a third party. Where a contract is made with a third party Edufrienz 99 is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
Accounts; password restricted services, payments, and cancellation
You need not register with us to simply visit and view the website and not use any services or download any Materials. However, in order to access certain password-restricted areas of the website, to use certain services, and access certain Materials, you must register an account with us.
We may also provide you with the ability to register for an account using your existing account and log-in credentials from third-party sites and services such as Google or Facebook. By using such third-party account and/or credentials, you are consenting to our retention and use, and such third-party site’s disclosure, of the account, credentials and other populated profile information that you submit.
For so long as you use your Edufrienz 99 account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access and use the Services, whether directly or through any account that you may setup or use. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Edufrienz 99 of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Edufrienz 99 cannot and will not be liable for any unauthorized access to your account or data that arises from your acts or omissions.
Accounts may not be shared by more than one person or organization unless express authorization is given by Edufrienz 99.
You agree to pay all applicable fees related to your use of the Services. All fees are based on services purchased, regardless of actual usage. We may suspend or terminate your paid account and/or access to our paid Services if your payment is late and/or your offered payment method (e.g., credit card, PayPal, Stripe etc.) cannot be processed. By providing a payment method, you expressly authorize us to charge the applicable fees on your payment method at regular intervals as well as any taxes and other charges incurred in connection with your account, all of which depend on your Subscription and utilized services.
Subscriptions and the rights and privileges provided to you as a subscriber are personal and non-transferable. By providing a payment method, you expressly authorize Edufrienz 99 and/or our third party payment processor to charge the applicable fees on said payment method as well as taxes and other charges incurred thereto at regular intervals. We reserve the right to change prices for Subscriptions at any time, and do not provide price protection or refunds in the event of promotions or price decreases. Non-renewal or cancellation of your paid subscription will cause your account to revert to a free account.
IMPORTANT NOTICE: MEMBERSHIP SUBSCRIPTION RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH SUBSCRIPTION PERIOD (3, 6 OR 12 MONTHS PLAN), UNTIL YOU CANCEL.
Unless you cancel prior to the expiration of your current Subscription, we will automatically renew your Subscription on each monthly or yearly (depending on the Subscription you have chosen) anniversary of the date that you signed up for the paid Subscription. We will charge your credit card with the applicable renewal Subscription fee and any Taxes that may be imposed on such fee payments. All fees are exclusive of any applicable sales, use, import or export taxes, duties, fees, value-added taxes, tariffs or other amounts attributable to your use of the Services (collectively, “Taxes”). You are solely responsible for the payment of any such Taxes. In the event we are required to pay Taxes on your behalf, you shall promptly reimburse us for all amounts paid.
School accounts have the option to make payment by credit card, cheque, or other methods at our discretion (contact us for details). Payment must be received by Edufrienz 99 no later than 30 days after issuance of an invoice. If Edufrienz 99 does not receive payment within 30 days, the invoice is past due and we reserve the right to suspend access to the affected school account(s) and take collection action. Suspension of an account does not relieve the account-holder of its obligation to pay for the account. Edufrienz 99 reserves the right to charge a late fee in the amount of 1% per month or the maximum permitted by law and its reasonable attorney’s fees in securing payment of past due amounts.
Cancellation: Except as set forth below or otherwise agreed by Edufrienz 99 in a signed writing, accounts may not be canceled until the end of the current term of the account. Unless otherwise provided for herein, all cancellations requested before the end of the then-current term will be effective at the end of the current term.
Edufrienz 99 permits early cancellations only in the following circumstances:
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- In the event that the Service is permanently discontinued.
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- Edufrienz 99 otherwise permits early cancellations only to the extent required by applicable law. In the event of such an early cancellation, the parties agree that the account-holder is responsible for all amounts due and payable before the date of early cancellation without pro-ration or to the greatest extent permitted by law. The parties agree that Edufrienz 99’s efforts in selling, provisioning and providing an account are front-loaded and for that reason, pro-ration of fees in the event of early cancellation is not necessary or appropriate.
End of Subscription. When an account subscription ends (e.g., at the end of the term if the account has not been renewed or has been cancelled), the account may no longer permit access to the Service. However, Edufrienz 99 may, at its sole discretion, permit continued, limited access for users of the Account for a limited time after the conclusion of the term. The Service includes built-in capabilities to download and export information relating to the account. If an account-holder or any of its users wishes to save or maintain any data, it is the account-holder and its user’s sole obligation to download such data before the conclusion of the term. Once the term of an account ends, we may delete data relating to an account in accordance with this Agreement and the Privacy Policy.
Price Changes. We reserve the right to adjust the pricing for our Service, including but not limited to membership subscription plans, in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in this Agreement, any price changes will take effect following posting or other notice to you (e.g., e-mail).
Purchases through Third-Party Stores. If you purchased your Edufrienz 99 membership through a third-party store, such as through your Apple iTunes or Google Play account, portions of this Section may not apply to you. Because such a purchase is between you and the third-party store, and not Edufrienz 99, you acknowledge and agree that we are not responsible for billing for your membership and are not responsible or liable for any claims relating to the billing of your purchase. If you have questions about membership or billing, you should contact the applicable third-party store directly.
Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the digital products will not be formed until your payment has been approved by us and we have debited your credit or debit card.
Product Descriptions
Edufrienz 99 and its related bodies corporate attempt to be as accurate as possible in the description of products. However, Edufrienz 99 does not warrant that product descriptions are accurate, complete, reliable, current, or error-free.
Limitation of Liability
The Trade Practices Act in Singapore may confer rights and remedies on you in relation to the provision by Edufrienz 99 of goods or services on the web site which cannot be excluded, restricted or modified. Edufrienz 99 does not exclude any Non-excludable Rights but does exclude all other conditions and warranties implied by custom, law or statute.
Except as provided for by the Non-excludable Rights: (a) all Content is provided “as is” and “as available” without warranties or guarantees of any kind, either express or implied, (b) Edufrienz 99 and its suppliers expressly disclaim all warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose, (c) Edufrienz 99 does not warrant that the functions contained in any Content or any Communications Facility or your access to the Website will be uninterrupted or error-free, that any defects will be corrected or that the Website or the server which stores and transmits Content to you are free of viruses or any other harmful components, (d) Edufrienz 99 does not warrant or make any representation regarding your access to, or the results of your access to, the Website (including any related or linked web sites) or any Content in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise, and (e) you (and not Edufrienz 99) assume the entire cost of any necessary verification, maintenance, repair and/or correction of any relevant Content.
To the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Edufrienz 99) will Edufrienz 99 or its related bodies corporate be liable for any indirect, incidental, special and/or consequential damages or loss of profits, revenue or goodwill whatsoever which result from any use or access of, or any inability to use or access, the Web Site or any Content. You expressly acknowledge and agree that Edufrienz 99 does not exert control over users of the Website (including individuals referred to on the Website as guests and experts) and is not liable either for their opinions or their behaviour, including any information and/or advice and any defamatory statements or offensive conduct.
To the maximum extent permitted by law, Edufrienz 99‘s liability for breach of any implied warranty or condition which cannot be excluded is limited, at the option of Edufrienz 99, to the following:
in the case of services supplied or offered by Edufrienz 99, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and in the case of goods supplied or offered by Edufrienz 99, (a) the replacement of the goods or the supply of equivalent goods, (b) the repair of such goods, (c) the payment of the cost of replacing the goods or acquiring equivalent goods, or (d) the payment of the cost of having the goods repaired.
Indemnity
You agree to indemnify and hold harmless Edufrienz 99 and its related bodies corporate (and the officers, agents, partners and employees of each of these) against any and all loss, liability, claim or demand arising out of or in connection with your use and access to the Website.
Copyright
The material provided on the Website is copyright protected. You may only use this material for your own private and non-commercial purposes. Except for the temporary copy held in the computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, copied, reproduced, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part (except where such use constitutes fair dealing under the Copyright Act) without the prior written approval of Edufrienz 99 or the appropriate supplier or licensor of Edufrienz 99.
You may not use any part of the Content on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution.
Trademarks
The Edufrienz 99 logo and the logos of the Edufrienz 99 products are registered trademarks of Edufrienz 99 or its related bodies corporate. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo or trademark displayed on a web site, without the express written permission of the relevant owner.
Electronic Communications and Your Conduct
When you visit the Website or send an email to us, you are communicating with us electronically. You also consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
The Website may contain electronic bulletin boards, chat rooms and other communication facilities which provide for feedback by users to Edufrienz 99, real-time interaction between users (including individuals referred to as guests and experts) and other electronic messaging and notice services (“Communication Facilities”).
It is a condition of your use of any Communication Facility and your access to the Website that you do not do any of the following:
- restrict or inhibit any other user from using or enjoying any Communication Facility;
- post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent information or material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;
- post or transmit any material of any kind which contains a virus or other harmful component;
- post, transmit or in any way exploit any material of any kind for commercial purposes or which contains any promotional material or advertising;
- delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded; or download any file posted by any other user of a Communication Facility if you know, or reasonably ought to know, that the file cannot legally be distributed in such manner.
- Edufrienz 99 may from time to time monitor or review the contents of its Communication Facilities. While Edufrienz 99 reserves its right to edit, refuse to post or to remove any information and/or materials (in whole or in part) that in Edufrienz 99’s sole discretion is in any way objectionable or in violation of any applicable law or the Terms of Use, Edufrienz 99 has no obligation whatsoever to monitor any Communication Facility or to edit, delete or refuse to post such contents, nor is Edufrienz 99 responsible for any contents in any Communication Facilities (including any information, comments and/or advice of any individual referred to as guest or expert whose statements on the web site are solely their own). You expressly acknowledge and agree that the Communication Facilities provide a means of public and not private communications.
- Edufrienz 99 reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.
Contributions
Edufrienz 99 may permit you to make share, publish, post, store or upload information including data, text, video, still images, audio or other material on the Website (“Contributions”). You retain sole responsibility for and accept all liability for all Contributions you make to the Website and Edufrienz 99 disclaims any and all liability in connection with Contributions. Edufrienz 99 assumes no responsibility for monitoring any Contributions, and does not endorse the information Contributions. Edufrienz 99 is under no obligation to treat your Contribution as confidential.
Edufrienz 99 may at any time, without liability to you, remove, alter or disable access to any or all of your Contributions in its sole discretion without prior notice to you.
User Licence To Edufrienz 99
By placing any Contributions, information or other material on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant to Edufrienz 99 and its related bodies corporate a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Contributions, information or material:
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- use, copy, sublicense, redistribute, adapt, transmit, publish and/or broadcast, publicly perform or display, and
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- sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.
The foregoing grant includes the right to exploit all proprietary rights in any such information or other material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You expressly waive in favour of Edufrienz 99 and any other party authorised by Edufrienz 99 all moral rights and any similar rights in any jurisdiction which you may have or hereafter acquire in respect of any relevant communication or other material. At the request and expense of Edufrienz 99, you will execute and deliver to Edufrienz 99 such instruments and take such other actions as may be required to carry out this grant of licence and waiver.
Online Security
At Edufrienz 99 we take your online security very seriously. As such, we have prepared the following guidelines and information to help you enjoy trouble free browsing when visiting our web site or interacting with us.
Edufrienz 99 will never ask you to provide personal information like your bank details, credit card details, driving licence or passport numbers via email.
If you’re making an online purchase from Edufrienz 99 and are required to provide us with your bank or credit card details, this will be carried out within a secure browser window. Check that a locked padlock symbol appears at the foot or top of the browser in which you are entering your details. The URL should also change, to start with ‘https://…’ instead of ‘http://…’
Please REPORT any suspicious activity to us immediately at admin@edufrienz.com.
Third party links and advertising
Hyperlinks and pointers to web sites operated by third parties will appear on Edufrienz 99 from time to time. These web sites do not form part of the Website and are not under the control of Edufrienz 99 or its related bodies corporate and neither Edufrienz 99 nor its related companies have any responsibility for the contents of any such hyperlink or linked web site. If you link to any such web sites you leave the Website and do so entirely at your own risk.
The Website displays third party advertisements, which may or may not contain hyperlinks or referral buttons to web sites operated by third parties. The display of such advertising does not in any way imply a recommendation or endorsement by Edufrienz 99 or its related bodies corporate of the relevant advertiser, its products or services or any such linked web site.
If you contact a third party using functionality provided on the Website, including via email, Edufrienz 99 accepts no responsibility for any actions taken by that third party in response to your communication or for any transactions entered into between you and the relevant third party.
Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Complaints
We operate a complaint handling procedure which we will use to try to resolve disputes when they first arise: please let us know if you have any complaints or comments.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of Singapore and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the Singapore judiciary courts.
Entire Agreement
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Edufrienz 99. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of Edufrienz 99.
