Online Class Terms (Classpod)

Last updated: 20 October 2021

These Online Class Terms (“Online Class Terms”) together with the Terms of Service (“Terms”) govern your use of the Services, including, without limitation, your registration and/or use of your teacher or administrator account (“Class Account”), provision of any Classes, Lessons or Content (“Teaching Services”) through the Services or your use of any teacher- or administrator-related functionality, including any online teaching, class management, learning management or content creation functionality (“Teaching Functionality”) provided by [Classpod] and its parent companies, subsidiaries and/or affiliates (“Classpod”, “we”, “us” and “our”).

By signing up for and/or using and accessing the Services through your Class Account as a teacher or administrator, you agree to be bound by these Online Class Terms, including the Terms and any additional terms and conditions, policies or schedules referenced in the Online Class Terms or the Terms or accepted or acknowledged by you in your use or access of the Services from time to time. Such terms, conditions and policies are hereby incorporated by reference. If you do not agree to these Online Class Terms, you may not use or access the Services through your Class Account.

We reserve the right to change or modify these Online Class Terms at any time. You will be deemed to have agreed to the amended Online Class Terms by your continued use and access of your Online Class Account on and following the date on which the amended Online Class Terms are posted on this page.

Any terms not capitalised herein shall have the same meaning in the Terms. In the event of any conflict or inconsistency between the Terms, these Online Class Terms and any terms or agreements between Classpod and the education provider on whose behalf you are using and accessing the Services (if applicable) (“Enterprise Terms”), the Enterprise Terms, followed by the Online Class Terms and the Terms, will prevail in descending order of precedence to the extent of any such conflict or inconsistency.

1. User Obligations

Notwithstanding clause 2 of the Terms, you represent and warrant on your and, if applicable, the aforementioned education provider’s behalf that:

1. if you are using or accessing the Services on behalf of such education provider, such education provider has full right and capacity to enter into the Terms and the Online Class Terms, and that you are duly authorised to enter into the Terms and the Online Class Terms on such education provider’s behalf;
2. you are of the age of majority in your country or place of residence, and have capacity to enter into these Online Class Terms and the Terms, and that these Online Class Terms and the Terms will constitute, legal, valid and binding obligations on you and, if applicable, such education provider in accordance with their respective terms;
3. your use and access of the Services in accordance with the Online Class Terms and the Terms will not be prohibited in your or such education provider’s country or place of residence or incorporation, and that you will, at your or such education provider’s own cost and expense, comply with all applicable laws and regulations (including, without limitation, any applicable tax laws) in your respective countries or places of residence or incorporation;
4. you and such education provider will comply with all applicable laws and the Online Class Terms and the Terms in your and such education provider’s provision of Class(es), Lesson(s) and/or Content through the Services, including the Content standards set out in Clause 7 of these Online Class Terms;
5. you and such education provider own or have the necessary licenses, rights, consents, permissions, and authority to authorize us to use your and such education provider’s Content as specified in these Online Class Terms and the Terms (including, without limitation, in accordance with Clause 6 of these Online Class Terms), and that such Content will not infringe any third party’s rights, including, without limitation, any intellectual property, privacy or data protection rights or rights of confidentiality;
6. you and such education provider, if applicable, have the required qualifications, credentials and expertise (including education, training, knowledge, and skill sets) and, if required under applicable law, all necessary licenses, certificates and permits to teach and offer the Teaching Services;
7. you and such education provider will provide the Teaching Services with due care and skill and will not infringe any third party rights in doing so, including, without limitation, any intellectual property, data protection or privacy right or right of confidentiality;
8. your and such education provider’s Class(es), Lesson(s) and/or Content are complete, accurate and up-to-date and appropriate for students based on their age, grade and course of study, and that requests for help or support by students enrolled in your Class(es) are promptly and professionally responded to;
9. your and such education provider’s Class(es), Lesson(s) and/or Content are not conducted in an unprofessional or inappropriate manner or in a manner that negatively impacts students’ experience or results in complaints or an excessive number of poor ratings;
10. any Lesson(s) or Content provided by you and such education provider are suitable for the course of study set out in a Class’ description and that a conducive learning environment is provided to students during Lesson(s);
11. not cover any topics or include any Content that may be unsuitable for minors, including, without limitation, any topics or Content that might be violent, offensive, indecent, inappropriate, racist, hateful, sexist, threatening, abusive, insulting, harassing, false, defamatory, libellous, deceptive, fraudulent, infringing, tortious, obscene, profane, racially or ethnically objectionable and/or in breach of applicable laws;
12. you and such education provider will not post or transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, or any other form of solicitation (commercial or otherwise) through the Services or to any user;
13. you and such education provider will not use the Services for business other than providing the Teaching Services;
14. you and such education provider will not engage in any activity that would breach any third party rights (including, without limitation, intellectual property, data protection and privacy rights or rights of confidentiality) or require us to obtain licenses from or pay royalties to any third party, including for the public performance of a musical work or sound recording;
15. you and such education provider will not frame or embed the Services (such as to embed a free version of a course) or otherwise circumvent the Services;
16. you and such education provider will not impersonate another person or gain unauthorized access to another person's Account or Class Account;
17. you and such education provider will not interfere with or otherwise prevent other teachers or administrators from providing Teaching Services, or abuse our resources, including our support services;
18. any information provided by you or such education provider as part of your Class Account (including any information about your qualifications, credentials and expertise) is complete, true, accurate and not misleading, and that you or such education provider will provide and maintain accurate account information; and
19. you and such education provider are using and accessing the Services for your own and such education provider’s behalf (as may be the case), and not on behalf of any other person or entity.

2. Account

You must register or have a Class Account in order to use the Teaching Functionality and/or provide Teaching Services using the Services.

Subject to the Enterprise Terms, if applicable, in registering for and maintaining your Class Account, you:

1. must provide accurate and complete information (including any contact details) regarding yourself and such documents and information required by us, if applicable;
2. must promptly update your Class Account information with any new information (including any contact details) that may affect the operation of your Class Account;
3. authorise Classpod to make any inquiries we consider necessary or appropriate to verify the information or documents provided to us; and
4. acknowledge and accept any applicable policies, including, without limitation, pertaining to service quality, confidentiality, tutor integrity, anti-harassment and conflict of interest, as provided to you by email and/or posted on the Services.

You are responsible for all activities and transactions under your Class Account. We will not be responsible in any way if your Class Account and/or password are misappropriated or used by a third party. You agree to keep your password secure, and not share your login credentials with any other person.

You must notify us immediately of any unauthorised use (or if you suspect any other breach of security) of your Class Account by contacting us using our contact details below.

Save where such Class Accounts are granted as part of the Enterprise Terms or unless expressly permitted by us, you may not:

1. sub-contract or delegate the provision of the Teaching Services or otherwise permit another person to use or access your Class Account or provide the Teaching Services through the Class Account on your behalf;
2. transfer, lend or sell your Class Account to any person; or
3. set up multiple Class Accounts, including for the purpose of bypassing any Class Account restrictions, suspensions or terminations.

We reserve the right to, at our discretion, restrict, suspend or terminate the use of your Class Account for any reason at any time, including, without limitation, where we suspect the unauthorised use of your Class Account or for breach of applicable laws, these Online Class Terms or the Terms.

3. Payments

In the course of your use and access of the Services, you may use the Teaching Functionality and various aspects of the Services to provide or help teachers provide (as may be the case) the Teaching Services.

In doing so, save where your Class Account and/or use or access of the Services is included in the terms between yourself and a Third Party Platform, you agree that you, or if provided otherwise in the Enterprise Terms, the aforesaid education provider will be charged for your use and access of the Services through your Class Account on a pre-paid or monthly subscription basis, as selected and paid by you during registration, from time to time or on a recurring monthly basis (as may be applicable). Any additional services, including, without limitation, any additional functions or features beyond your existing payment or subscription plans, may be charged separately by us, should you wish to use such functions or features.

4. Confidentiality

You may, in the course of your use or access of the Services (including, without limitation, your use of the Teaching Functionality and/or provision of the Teaching Services) obtain or be provided access to proprietary and confidential information belonging to Classpod or its affiliates, customers, users, vendors or other persons (collectively, “Confidential Information”).

Such Confidential Information includes, without limitation, any prices, fees, terms, Personal Data, customer information, purchase or transaction information or data or analytics regarding the Services or lesson or teaching plans or materials provided for the creation of courseware as part of the Teaching Functionality (to the extent accessed and used by you pursuant to these Online Class Terms), but excludes any information that is or becomes generally available to the public or to you on a non-confidential basis, other than as a result of a breach of your or any other person’s confidentiality obligations.

Unless expressly permitted by us in writing, you shall:

1. keep all Confidential Information confidential and use it solely for the purposes of your use of the Services and provision of Teaching Services in accordance with these Online Class Terms;
2. not disclose the Confidential Information to any person, save to the extent such disclosure is required by law, by any governmental or regulatory authority or by a court of competent jurisdiction, provided that, to the extent it is legally permitted to do so, you provide us as much notice of such disclosure as possible; and
3. not make or retain any copies of the Confidential Information and shall, at Classpod’s instructions, destroy or return all such Confidential Information should you retain copies of the Confidential Information for any reason.

Without prejudice to any other rights or remedies Classpod may have, you acknowledge and agree that damages alone would not be an adequate remedy for any breach of Clause 4 or 5 of these Online Class Terms. Accordingly, Classpod shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of Clause 4 or 5 of these Online Class Terms.

5. Personal Data

Notwithstanding Clause 4 of these Online Class Terms, in the event you and/or the aforementioned education provider, if applicable, obtain or are provided access to any Personal Data pursuant to your use or access of the Services (including, without limitation, your use of the Teaching Functionality and/or provision of Teaching Services), you and/or the aforementioned education provider, if applicable, may, unless provided otherwise in the Enterprise Terms, if applicable, or expressly permitted by us in writing in advance:

1. only use and access such Personal Data solely within the Services, and only for the purpose of using the Teaching Functionality and/or providing the Teaching Services to students using the Services; and
2. not transfer the Personal Data to any country outside of Singapore (including by downloading such data, if you are located overseas), or disclose the Personal Data to any person.

You and/or the aforementioned education provider, if applicable, must, at your or such education provider’s cost and expense, promptly notify us of any actual, or suspected data breach relating to Personal Data, and provide us all reasonable assistance in relation to any investigations or requests made by individuals or Singapore government authorities relating to Personal Data.

For the purposes of these Online Class Terms, “Personal Data” means data, whether true or not, about an individual who can be identified from that data or from that data and other information to which the organisation has or is likely to have access.

6. License

By submitting or uploading Content to the Services, you and the aforementioned education provider, if applicable, grant us a non-exclusive, worldwide, royalty-free, fully paid, transferrable, sub-licensable, perpetual and irrevocable license to reproduce, publish, perform, distribute, communicate, transmit and adapt (including, without limitation, by adding captions or otherwise modifying the Content to ensure accessibility) the Content for the purposes of:

1. making the Content available for viewing and access to other teachers and/or administrators where enabled by such education provider (if applicable) and students on the Services; and
2. offering or marketing the Services (including any Teaching Services accessible therein).

In the event you use any Content provided by us or a third party content provider as part of the Teaching Functionality, you agree to comply with the terms of any third party notices or licences provided to you in respect of such Content, where such Content is provided by a third party content provider. Where such Content is provided by us or the aforementioned notices or licenses are not provided, you shall use and access such Content on the basis of a limited, revocable (with or without cause), non-exclusive, non-transferable, non-sublicensable license solely for the provision of your Class(es) and Lesson(s) through the Services.

Notwithstanding the foregoing, you have the right to remove all or any portion of your Content from the Services at any time.

7. Content Standards

You and the aforementioned education provider, if applicable, agree to abide by our content quality standards or policies prescribed by us on the Services from time to time. You should check these standards or policies periodically to ensure that you and such education provider, if applicable, comply with any updates to them. You understand that your use of the Services (including, without limitation, the publication or display of any Classes or Content or your provision of Teaching Services) may be subject to a review period (if applicable) and is subject to our approval, which we may grant or deny at our sole discretion.

We reserve the right to, at our discretion, remove or restrict access to any Class(es), Lesson(s) or Content, and/or restrict, suspend or terminate the use of your Class Account for any reason at any time without prior notice, including, without limitation, where:

1. your use of the Teaching Functionality or the Teaching Services provided by you do not comply with our policies, applicable laws, these Online Class Terms or the Terms;
2. the Teaching Services provided by you falls below our quality standards or has a negative impact on users’ experience;
3. you engage in behavior that might reflect unfavorably on us or bring us into public disrepute; or
4. as determined by us in our sole discretion.

8. Termination

Notwithstanding Clause 11 of the Terms, these Online Class Terms are effective unless and until terminated by either you, the aforementioned education provider (if applicable) or us. You may terminate these Online Class Terms to the extent these terms apply to you at any time by deactivating your Class Account, if available through your Class Account settings, or notifying us that you no longer wish to use our Services.

We reserve the right to, at our sole discretion, and without liability or refund:

1. suspend or terminate your Class Account and/or your access to the Services through the Class Account at any time for any reason without advance notice, including, without limitation, for any breach of applicable laws, these Online Class Terms or the Terms; or
2. change, modify, suspend or discontinue, whether temporarily or permanently, the whole or any part of the Services at any time, for any reason, and without advance notice.

You acknowledge and agree that if you deactivate your Class Account or if we suspend or terminate your Class Account, you will lose any information associated with your Class Account, including access to any Classes or Content. We will not be liable for your or any other person’s loss of or loss of access to any Classes or Content, including any loss of data or disruption that might be occasioned thereby.

Upon termination, all licenses and rights granted to you in these Online Class Terms will immediately cease. Any rights or obligations incurred by us or you prior to termination shall survive the termination of these Online Class Terms between us and you for all purposes.

Clauses 4, 5, 7, 8, 9 and 10 of these Online Class Terms shall survive the termination of these Online Class Terms.

9. Miscellaneous

The relationship created by these Online Class Terms is that of a service agreement between you, both on behalf of yourself and, if applicable, the aforementioned education provider, and Classpod. Nothing contained in this Agreement shall constitute a partnership, agency, joint venture, employment or franchisor-franchisee relationship between you and such education provider, if applicable, and Classpod.

You acknowledge that Classpod does not, and does not seek to, exercise any general rights of control over you and your provision of the Teaching Services, including the scheduling, content and conduct of any Classes or Lessons, save for such matters set out in these Online Class Terms and the Terms, which you acknowledge is for the purposes of providing the Services to you. You retain the discretion to use the Services and create, run, manage, accept, decline, or cancel any Classes or Lessons through the Services pursuant to these Online Class Terms and the Terms, and may cease to use the Services at any time.

You and such education provider, if any, will be directly responsible for complying with any laws or regulations applicable to your provision of Classes, Lessons or Content through the Services, including, without limitation, any tax, social security or employment contribution or insurance obligations incurred by you under your country or place of residence and any licenses, permits, consents, approvals or fees required, if any, for your performance of the Teaching Services.

To the extent permitted by law, you will indemnify and hold us harmless against any claims, penalties or fines by any authority or third party for non- or under-payment or non-compliance with the above.

10. Governing Law and Jurisdiction

You hereby agree that the laws of Singapore shall govern these Online Class Terms and that the courts of Singapore shall have non-exclusive jurisdiction over any dispute arising out of or in connection with these Online Class Terms.

11. Contact Information

Questions about these Online Class Terms should be sent to us at classpod@allschool.com.