Terms of Use
Last updated on 17 Dec 2021
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INTRODUCTION
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Welcome to MISS J CLASSROOM - Maths is Fun (hereafter referred to as "MJC"). MJC is an online learning website that provides the content and services available on missjclassroom.com (“Site”) to you, subject to the following terms and conditions of use ("Terms of Use").
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Please read these Terms of Use carefully, as they contain important information regarding your legal rights and remedies. By accessing or using the Site, and/or any of the services or applications (including mobile applications and referred to, collectively, as the “Services”) provided on or in connection with MJC, you acknowledge that you have read, understood, and agreed, without limitation or qualification, to be bound by these Terms of Use which include our Data Protection Policy ("DPP").
The terms “we”, “us” or “our” refers to MJC. The term “Member(s)” refers to any individual with a valid, paid membership with MJC. The term “Visitor(s)” refers to any individual other than a Member, who uses the Site or Services. The terms “you”, “your” or “User” refers to any individual who accepts these Terms of Use by using the Site or the Services. By accessing or using the Site or Services on behalf of an individual, a legal entity or business, you represent that you are authorized to enter into an agreement on behalf of that individual, legal entity or business. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
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PRIVACY
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Please read our DPP, which also governs your visit to the Site, so that you may understand our privacy practices.
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THE SERVICE
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The Service helps its users to learn and practise mathematics. Unless explicitly stated otherwise, any new or improved features to the Service shall be provided subject to this Terms of Use. You understand and agree that the Service is provided "as-is" and that MJC assumes no responsibility for any mistakes, errors, or omissions, including any unavailability of the Service or deletion or loss of any data relating to the Service.
You agree that you will not copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by MJC for use in accessing the Service.
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4.
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MEMBERSHIP AND PURCHASE RELATED POLICIES
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The memberships and services available on the Site are for personal use only. You may not sell or resell any of the memberships or services you purchased or otherwise received from us. We reserve the right, with or without notice, to cancel any memberships that we believe, in our sole discretion, may result in the violation of our Terms of Use.
MJC does not sell the memberships or services to children, but only to adults who can purchase them with a credit card or other permitted payment method. If you are not of legal age, you may not use the Site or Services and may not accept these Terms of Use, unless only with the involvement and consent of a parent or legal guardian.
Each Member account is provided for a period and price subject to certain renewal, cancellation, and other terms and conditions specific to the account. The Member account features of the Site and Services are made available for use only by individuals holding currently-valid membership with MJC. Your membership status, as well as the renewal dates for your membership, are listed on your account. If you do not hold a current membership account, or if you are not a Designated Representative of a Member, then your use of these features is unauthorized.
Each Member account belongs to the Member identified in the account page, and it may not be sold or transferred to another individual or entity without the prior written consent of MJC, which will not be unreasonably withheld.
Members may hold a Monthly or Annual membership account:
Payment and Automatic Renewals
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When you subscribe to our membership, a recurring subscription is automatically created and you expressly acknowledge and agree that (a) MJC (or our third-party payment processor) is authorized to charge you on a monthly, annual, or other basis as applicable for your subscription (in addition to any applicable taxes and other charges) for as long as your subscription continues, and (b) your subscription is continuous until you cancel it or we suspend or stop providing access to the services in accordance with these terms. Payments are due as stated on your account page. To the extent that payment mechanisms are provided through third parties, you agree that MJC will have no liability to you arising out of the acts or omissions of such third parties. If applicable, you agree to maintain current billing information. For more information about pricing and subscription plans, please visit our Membership information page.
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Your membership term lasts until the renewal date stated on your account page, and can be renewed at that time at the original membership rate you’ve purchased for, for an identical period of time. To ensure ease of use for our members, the memberships are placed on auto-renewal subscriptions.
MJC reserves the right to revise its membership rates and/or membership periods at any time, but we will give you advance notice of such revision; in that event, the revised rates and/or periods will take effect after your current membership term has ended.
All payments shall be deemed to be in Singapore Dollars. Payments are non-refundable and there are no refunds or credits for partially used periods.
If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information from your Member’s account page. To access your Member’s account page, sign in to your MJC account, click on the account menu in the upper-right corner, and select “My Account”. If your Payment Method reaches its expiration date and you do not update your Payment Method information before the end of your membership term, your account will be automatically terminated by the system at the end of your membership term; in that event, MJC shall not be responsible for any disruption to your use of our Services. Should you wish to re-subscribe with us, you can do so by subscribing to any of our then-current subscription plans stated in our Membership information page. We do not provide reinstatement of original subscription plans once they are cancelled.
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*Note: In the event your monthly membership began on a day not contained in a given month, billing will occur on a day close to your original billing date (before/after). For example, if you became a subscribed member on January 31, your next billing would occur between 26 February – 03 March (for February’s billing), and should resume to 31 March for March’s billing.
Cancellation
You may cancel your MJC membership at any time. To cancel your membership, sign in to your MJC account and click the words "Cancel Subscription" on your “My Subscriptions” page, and cancellation will be effective immediately. You will continue to have access to the Site and Services until the current membership term ends. We do not provide refunds or credits for any partially used membership periods.
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YOUR ACCOUNT
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You may choose to sign up as a Member at our Site. If you do, you will require an email address and password for your account creation. You shall be solely responsible for maintaining the confidentiality of your account, login email and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, login name and/or password. You agree to (a) provide true, accurate, current, and complete, and (b) maintain and promptly update information to keep it true, accurate, current and complete.
Member accounts shall not be shared by more than one person (with the exception of a parent or legal guardian purchasing our Services on behalf of a child), unless express authorisation is given by MJC.
If anyone other than yourself accesses your Member account, they may perform any actions available to you, make changes to your Member Account, and accept any legal terms available therein, make various representations and warranties and more – and all such activities will be deemed to have occurred on your behalf and in your name.
Therefore, we strongly encourage you to keep the log-in credentials of your Member account confidential, and allow such access only to the child whom you’ve subscribed the membership for, under your close supervision, and the people you trust - as you will be solely and fully responsible for all activities that occur under your Member account, whether or not specifically authorized by you, and for any damages, expenses or losses that may result from such activities.
We reserve the right to suspend or terminate your account and refuse all current or future use of the Site or the Services, without prior notice whenever we believe in good faith that you may have engaged, or may be about to engage, in any conduct that would constitute violation of these Terms of Use or if we decide, in our sole discretion, that it would be in MJC’s best interests to do so.
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PROPRIETARY RIGHTS
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The Site and Services and other information made available on the site, including but not limited to text, graphics, logos, button icons, images, audio clips, video clips, data compilations and software, and the compilation thereof (collectively, the "Content") are and shall remain the property of MJC, and are protected by Singapore and international copyright, trademark, patent and/or other proprietary rights and laws.
The trade names, trademarks, logos, and service marks displayed on the site (collectively, the "Trademarks") owned by MJC, whether registered or unregistered may not be used by you in connection with any content or service that is not ours, and are protected by Singapore and international trademark laws. Nothing contained in the Site or Services should be construed as granting, by implication, any license or right to use any of our trade names, trademarks or service marks without our prior written consent, which we may withhold in our absolute discretion.
You acknowledge and agree that neither the Content or Trademarks nor any portion of the Site or Services may be used, reproduced, duplicated, copied, sold, re-sold, distributed, re-distributed, accessed, modified, or otherwise exploit, in whole or in part, for any purpose without our prior written consent, which we may withhold in our absolute discretion.
MJC reserves the right to cancel your account without refund if it is determined that you have violated this section of the Agreement.
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YOUR OBLIGATIONS AND RESPONSIBILITIES​
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In the access or use of the Site, you shall comply with these Terms of Use and the special warnings or instructions for access or use posted on the Site. You may not make any change or alteration to the Site or any Content or Services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms of Use, if you default negligently or willfully in any of the obligations set forth in these Terms of Use (including our Data Protection Policy), you shall be liable for all the losses and damages that this may cause to MJC, our partners, service providers or licensors.
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THIRD PARTY LINKS
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We are not responsible for the content of any off-Web site pages or any other Web sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, service, or supplier. Your linking to or from any off-Web site pages or other Web sites is at your own risk. You acknowledge and agree that we are not responsible for examining or evaluating, and we do not warrant the offerings of, off-Web site pages or any other Web sites linked to or from the Site, nor do we assume any responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by the actions, content, or services of such pages and Web sites, including, without limitation, their data protection policies and terms of use. You should carefully review the terms of use and data protection policies of all off-Web site pages and other Web sites that you visit.
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SUBMISSIONS
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It is our policy to decline unsolicited suggestions and ideas. Notwithstanding our policy with regard to unsolicited suggestions and ideas, any inquiries, feedback, suggestions, ideas or other information you provide us (collectively, "Submissions") will be treated as non-proprietary and non-confidential. Subject to the terms of our Data Protection Policy, by transmitting or posting any Submission, you hereby grant us a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and fully sub licensable right to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute and display any Submission in any form, media, or technology, whether now known or hereafter developed, alone or as part of other works. You also acknowledge that your Submission may not be returned and we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products.
If you make a Submission, you represent and warrant that you own or otherwise control the rights to your Submission. You further represent and warrant that such Submission does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam". You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify us for all claims arising from or in connection with any claims to any rights in any Submission.
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CUSTOMER DATA
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You shall be solely responsible for the quality and accuracy of all data that you supply when you use the Site or the Services. We respect and honour the confidentiality of your data. Accordingly, we will exercise reasonable care to keep all data pertaining to you and stored in the Site or Services private. We will exercise reasonable care in the protection of your data and will maintain reasonable data integrity safeguards against the deletion or alteration of your data. If any data is lost or destroyed because of any act or omission of us or any non-compliance with our obligations under these Terms of Use, then we will, at our own expense, use commercially reasonable efforts to reconstruct such data as soon as possible. We will store and safeguard storage media containing your data when in our custody. You acknowledge and accept that the Site and the Services will be unavailable when we are backing up data or undergoing regular system maintenance.
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NOTIFICATION PROCEDURES AND MODIFICATIONS TO AGREEMENT
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We may update or otherwise modify the Site and/or Services at any time for any reason in our sole discretion. We may modify or temporarily shut down the Site or Services for maintenance and development work whenever we deem it necessary. In the event of permanent discontinuance of the Service, MJC's liability is limited to the paid subscription price, pro-rated to the amount of time remaining on the subscription. You acknowledge that you are familiar with the Site and Services functions, and that they are sufficient without modification to meet your requirements. You agree that we have no obligation whatsoever to customise, modify or improve the Site or Services.
You acknowledge and agree that we shall be the sole and exclusive owner of the Site and Services, all materials in respect of each of them supplied to you, all new versions, improvements, enhancements, additions and modifications to the Site and Services or such materials, all copyright, patent, trade secret, and other intellectual property rights related to the Site and Services and such materials, and all tangible media on which the Site and Services and such materials are maintained. You shall have no claim or right whatsoever in respect of the Site or Services except for the limited license to use them granted herein. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Site or Services, any materials in respect of them, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted in these Terms of Use. If you undertake any such prohibited action, we shall be entitled to immediately terminate your membership with us, or delete your account and all data relating to your account and/or bar any further access to the Service.
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DISCLAIMERS
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The content on or otherwise related in any way to the Site or Services, or any third-party sites or services linked to from the Site or Services or otherwise accessed by you, is provided as is and without warranties of any kind. We attempt to be as accurate as possible, however, to the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, completeness, availability, security, compatibility and non-infringement. We do not warrant that any content will be complete, current, or error-free, that access thereto will be uninterrupted, that defects will be corrected, or that the site or the servers that make such content available are free of viruses or other harmful components. Moreover, you assume the entire cost of all necessary servicing, repair or correction. We do not warrant or make any representations regarding the use or the results of the use of any content. You hereby irrevocably waive any claim against us with respect to content and any content you provide to third party sites (including credit card and other personal information).
The Site and Services include a Frequently Asked Questions section to assist you in the use of the Site and Services. We currently provide customer support and related services available at no cost to you, via contact form and email. However, the provision of such customer support and services is subject to change at any time without notice, in our sole discretion.
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INDEMNIFICATION
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You agree to defend, indemnify and hold us harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third-party claim, action, or demand resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.
You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our representatives and other authorised Users, and each of the foregoing entities’ respective service providers and suppliers, and all of the foregoing entities’ respective officers, owners, representatives and assigns (collectively, the Indemnified Parties) harmless for and against any and all losses, damages, liabilities and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions, or resulting from any third-party claim, action, or demand) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Site, Services, and/or your account(s). You also agree to indemnify us for any losses, damages, liabilities, and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions, or resulting from any third-party claim, action, or demand) incurred by the Indemnified Parties in connection with any claim arising from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure. You shall use your best efforts to cooperate with us in the defence of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
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REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY
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THE SITE IS PRESENTED "AS IS". WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OF USE OR THE SITE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT TO THE EXTENT SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, TORT OR OTHERWISE), UNDER ANY CIRCUMSTANCES, FOR ANY (a) INTERRUPTION OF BUSINESS; (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE SITE; (c) DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (d) LOSS OR DAMAGES OF ANY SORT INCURRED AS A RESULT OF DEALINGS WITH OR THE PRESENCE OF OFF-WEB SITE LINKS ON THE SITE; (e) COMPUTER VIRUSES, SYSTEM FAILURES OR MALFUNCTIONS WHICH MAY OCCUR IN CONNECTION WITH YOUR USE OF THE SITE, INCLUDING DURING HYPERLINK TO OR FROM THIRD PARTY WEB SITES (f) ANY INACCURACIES OR OMISSIONS IN CONTENT OR (g) EVENTS BEYOND OUR REASONABLE CONTROL.
FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) RELATED TO THE SITE REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
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GENERAL
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You acknowledge and agree that these Terms of Use, which include our Data Protection Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications.
We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. You agree that your continued use of the Site or Services from that point forward constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Site or Services. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use. We may suspend or terminate your account and your ability to use the Services, the Site, or portions thereof, for failure to comply with these Terms of Use or any special terms related to a particular Service; for infringing copyright, trademark or other intellectual property rights; if you engage in gross misconduct, fraud or misrepresentation; or in cases where, in our sole judgment, your actions are likely to damage the reputation of MJC. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.
Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms of Use shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms of Use unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
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